HomeMy WebLinkAboutItem 18 - Bicycle Safety Grant Funding Recognition and Professional Services AgreementPublic Works Agency
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City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Bicycle Safety Grant Funding Recognition and Professional Services Agreement
AGENDA TITLE
Approve Appropriation Adjustment to Recognize Grant Revenue, Approve an
Agreement with the State of California Office of Traffic Safety to Secure a Bicycle Safety
Grant in an Amount Not to Exceed $199,900, and Approve an Agreement with
Charitable Ventures of Orange County to Provide Bicycle Safety Education in an
Amount Not to Exceed $199,900 (Non -General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment to recognize Office of Traffic Safety Pedestrian
and Bicycle Safety grant funds in the amount of $199,900 in the OTS-PWA Traffic
Safety Grants, Federal Grants -Indirect revenue account and appropriate the same
amount to the OTS-Bicycle Safety PWA, Contract Services -Professional expenditure
account. (Requires five affirmative votes)
2. Authorize the City Manager to execute a one-year grant agreement with the State of
California Office of Traffic Safety for Pedestrian and Bicycle Safety Program funds in
an amount not to exceed $199,900, for a one-year period beginning October 1,
2023, and ending September 30, 2024, (timeframe consistent with the grant cycle),
subject to non -substantive changes approved by the City Manager and the City
Attorney (Agreement No. 2023-XXX).
3. Authorize the City Manager to execute an agreement with Charitable Ventures of
Orange County, Inc., to provide bicycle safety education services for a one-year
period beginning December 19, 2023, and ending October 31, 2024, in an amount
not to exceed $199,900, subject to non -substantive changes approved by the City
Manager and the City Attorney (Agreement No. 2023-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Santa Ana Public Works Agency (PWA) partnered with Santa Ana Active Streets
(SAAS) to develop a custom Pedestrian and Bicycle Safety Program (Program) for the
City of Santa Ana. The Program was submitted by PWA in partnership with SAAS to the
State of California Office of Traffic Safety (OTS) and has been awarded a $199,900
Bicycle Safety Grant Funding Recognition and Professional Services Agreement
December 19, 2023
Page 2
grant (Exhibit 1). These funds will be used to address bicycle safety through a series of
safety education workshops and events. The goal of the program is to reduce the
number of deaths and injuries in traffic collisions involving bicycles and pedestrians.
The bilingual education program is intended to reach a wide cross section of community
members. It will include a series of comprehensive workshops consisting of educating
adults about traffic safety and educating youths about bicycle safety and maintenance.
At the end of the adult series, community members will recommend improvements to
the Public Works Agency to guide the pursuit of future grant funds. At the end of the
youth series, community youth will earn a bicycle, which they repaired and maintained
during the course of the classes.
The program includes family -friendly bicycle safety skills classes taught by the League
of American Bicyclists Certified Instructors, access to nighttime lights and helmets
distributed to the community during safety equipment events targeting pedestrians and
bicyclists, equipment demonstration events, and bicycle traffic safety fairs at community
events. All tasks outlined in the Program scope of work will be delivered directly by
SAAS, and will be paid by SAAS's fiscal agent, Charitable Ventures of Orange County,
Inc., (Exhibit 2) utilizing the Office of Traffic Safety grant award.
FISCAL IMPACT
Approval of the requested Appropriation Adjustment will recognize Office of Traffic
Safety Pedestrian and Bicycle Safety grant funds in the amount of $199,900 as follows:
$199,900 will be recognized in the OTS-PWA Traffic Safety Grants, Federal Grants -
Indirect revenue account (No. 16517002-52001). The Appropriation Adjustment will
also appropriate the same amount of $199,900 as follows: $199,900 will be
appropriated to the OTS-Bicycle Safety PWA, Contract Services -Professional
expenditure account (No. 16517611-62300).
Funds are budgeted and available for expenditure in the Fiscal Year 2023-24.
Fiscal Year
Accounting
Fund
Accounting Unit,
Amount
Unit- Account
Description
Account No.
No.
Description
2023-24
16517611-
Office of Safety
OTS-Bicycle
$199,900
62300
Grant
Safety PWA,
Contract Services -
Professional
TOTAL:
$199,900
Bicycle Safety Grant Funding Recognition and Professional Services Agreement
December 19, 2023
Page 3
EXHIBIT(S)
1. State of California, Office of Traffic Safety Grant Agreement
2. Charitable Ventures Agreement
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Tom Hatch, Interim City Manager
State of California — Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PS24039
1. GRANT TITLE
Pedestrian and Bicycle Safety Program
2. NAME OF AGENCY
3. Grant Period
Santa Ana
From: 10/01/2023
To: 09/30/2024
4. AGENCY UNIT TO ADMINISTER GRANT
Santa Ana Public Works Agency
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes
involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos,
community events, presentations, and workshops. These countermeasures should be conducted in
communities with high numbers of pedestrian and/or bicycle related crashes including underserved
communities, older adults, and school -aged children. Coordinated efforts such as Safe Routes to School
initiatives, Safe System Approach, and working with community based organizations are highly encouraged to
prevent fatalities and injuries of vulnerable non -motorized road users.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $199,900.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by
this reference made a part of the Agreement:
• Schedule A — Problem Statement, Goals and Objectives and Method of Procedure
• Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable)
• Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable)
• Exhibit A — Certifications and Assurances
• Exhibit B* — OTS Grant Program Manual
• Exhibit C — Grant Electronic Management System (GEMS) Access
*Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if
attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we
are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR
B. AUTHORIZING OFFICIAL
NAME: Zed Kekula
NAME: Steven Mendoza
TITLE: Principal Civil Engineer
TITLE: Acting City Manager
EMAIL: zkekula@santa-ana.org
EMAIL: smendoza@santa-ana.org
PHONE: (714) 647-5606
PHONE: (714) 647-5200
ADDRESS: 20 Civic Center Plaza
ADDRESS: 20 Civic Center Plaza
Santa Ana, CA 92702
Santa Ana, CA 92702
(Signature) (Date)
(Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: Kathryn Downs
NAME: Barbara Rooney
TITLE: Executive Director of Finance & Management
TITLE: Director
EMAIL: Services
EMAIL: barbara.rooney@ots.ca.gov
PHONE: kdowns@santa-ana.org
PHONE: (916) 509-3030
ADDRESS: (714) 647-5420
ADDRESS: 2208 Kausen Drive, Suite 300
20 Civic Center Plaza M-17
Elk Grove, CA 95758
Santa Ana, CA 92702
(Signature) (Date)
(Signature) (Date)
10/20/2023 11:54:06 AM Page 1 of 17
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION
NAME: Carolyn Vu SAM #: KZE9G2M4GRX9
ADDRESS: 2208 KauSen Drive, Suite 300 REGISTERED
Elk Grove, CA 95758 ADDRESS: 20 Civic Center Plaza, Floor 8
CITY: Santa Ana
Zip+4: 92701-4058
10. PROJECTED EXPENDITURES
FUND
CFDA
ITEM/APPROPRIATION
F.Y.
CHAPTER
STATUTE
PROJECTED
EXPENDITURES
AGREEMENT
$199,900.00
TOTAL
AMOUNT ENCUMBERED BY THIS DOCUMENT
$199,900.00
I CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
PRIOR AMOUNT ENCUMBERED FOR THIS
purpose of the expenditure stated above.
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER'S SIGNATURE
DATE SIGNED
TOTAL AMOUNT ENCUMBERED TO DATE
$199,900.00
10/20/2023 11:54:06 AM Page 2 of 17
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PS24039
1. PROBLEM STATEMENT
The city of Santa Ana has a large volume of motor vehicle traffic, with arterial roadways carrying an average
of 30,000 to 40,000 vehicles per day. There are also four freeways that converge within the city and a total
of 450 miles of streets. This creates a mobility challenge in the community.
An analysis of 2020 census data that was part of the City's Vision Zero Plan (comparing household size with
the number of automobiles per household) showed that 55 percent of Santa Ana's residents did not have
access to an automobile. Relative income levels and vehicle ownership within the city were significantly
lower than the statewide average. The population's median age was also the youngest of the seven largest
cities in Orange County, and residential density was one of the highest in the state. Transit ridership in
Santa Ana was the highest in the county, with several of the busiest Orange County Transportation Authority
bus lines serving the city. As a result of the area's climate and demographics, the city's actively mobile
population is relatively high when compared to other communities in the county or state, including a
significant portion of the city's adult residents who may not speak English or understand the rules of the
road. To meet this demand, the City of Santa Ana has been working on developing an expanding network of
bicycle and pedestrian facilities.
Having already been identified as a Federal Highway Administration Focus City, there is an urgent need to
make immediate changes in the City of Santa Ana to improve traffic safety for all residents. The Pedestrian
and Bicycle Safety Program aims to increase awareness to ultimately reduce the number of pedestrian- and
bicyclist -related crashes in the city, especially for children walking to and from school. For this reason, this
project is a priority for this community.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of pedestrians killed under age 15 in traffic crashes.
6. Reduce the number of pedestrians injured under age 15 in traffic crashes.
7. Reduce the number of pedestrians killed over age 65 in traffic crashes.
8. Reduce the number of pedestrians injured over age 65 in traffic crashes.
9. Reduce the number of bicyclists killed in traffic crashes.
10. Reduce the number of bicyclists injured in traffic crashes.
11. Reduce the number of bicyclists under age 15 killed in traffic crashes.
12. Reduce the number of bicyclists under age 15 injured in traffic crashes.
13. Increase bicycle helmet usage.
B. Objectives:
Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The
1
kick-off press releases and media advisories, alerts, and materials must be
emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to
your OTS Coordinator, for approval 14 days prior to the issuance date of the
release.
2. Participate in the following campaigns: National Walk to School Day, National
4
Bicycle Safety Month, California's Pedestrian Safety Month and National
Pedestrian Safety Month.
3. Conduct pedestrian and/or bicycle safety courses with an effort to reach
6
community members.
4. Distribute pedestrian/bicycle safety items at no cost to youth or community
1
members in need, during bicycle rodeos, presentations, workshops, trainings, and
community events to increase safety and visibility.
5. Conduct community outreach events with an effort to reach adults.
5
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6. Conduct pre and post -grant activities bicycle helmet usage surveys during the
2
months of October (start of the grant) and September (end of the grant). A pre -
survey will be required to determine the base year helmet use rate and a post -
survey will be required to determine the operational rate. Upload completed survey
to GEMS.
7. Conduct bicycle rodeos with an effort to reach individuals.
2
8. Distribute and properly fit bicycle helmets at no cost to community members in
760
need, at bicycle rodeos, schools, workshops, and community events.
9. Purchase bicycle helmets.
760
10. Train individuals to be League Certified Instructors.
10
11. Conduct community bicycle rides providing bicycle safety education to promote
6
safe bicycling in the community with an effort to reach bicyclists.
12. Conduct a Build -Your -Own Skateboard Education Workshop which includes a
2
certification program upon mastering the associated active transportation safety
education course. When reporting, include date/location of each workshop and
total number of participants passing or failing certification. Upload copies of
completed certificates to GEMS.
13. Execute subcontract referenced in the budget. Prior to finalizing the subcontract,
1
grantee will work with the OTS to ensure all costs in the subcontract are allowable.
Upon execution of subcontract, upload executed subcontract to GEMS and
request a revision to the grant budget to add new budget line items for associated
costs under contractual services. If not yet executed, provide ETA.
14. Publish a multilingual Santa Ana Bike and Walk Guide to encourage residents,
1
including the disabled community, to interact with ped/bike safety improvements.
Published materials must be emailed to the OTS Public Information Officer at
pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to
the issuance date. When reporting, include whether the OTS Go Safely site or
Street Story QR Codes were incorporated in messaging, and number of
participants reached. Upload a copy of each completed guide to GEMS.
3. METHOD OF PROCEDURE
A. Phase 1 — Program Preparation (1st Quarter of Grant Year)
• Develop operational plans to implement the "best practice" strategies outlined in the objectives
section.
• All training needed to implement the program should be conducted in the first quarter.
• All grant related purchases needed to implement the program should be made in the first
quarter.
Media Requirements
• Issue a press release approved by the OTS PIO announcing the kick-off of the grant by
November 15, but no sooner than October 1. The kick-off release must be approved by the OTS
PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the
November 15 deadline to issue a kick-off press release, communicate reasons to your OTS
coordinator and OTS PIO.
B. Phase 2 — Program Operations (Throughout Grant Year)
Media Requirements
The following requirements are for all grant -related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts,
storyboards, digital and/or print educational materials for grant -related activities to the OTS PIO
at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7
days before the scheduled release but at least 3 business days prior to the scheduled release
date for review and approval is appreciated.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency
understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any
cost approvals must come from the Coordinator.
• Pre -approval is not required when using any OTS-supplied template for media advisories, press
releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
10/20/2023 11:54:06 AM Page 4 of 17
However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is
distributed to the media and public, such as a press release, educational material, or link to social
media post. The OTS-supplied kick-off press release templates and any kickoff press releases
are an exception to this policy and require prior approval before distribution to the media and
public.
• If an OTS-supplied template, educational material, social media graphic, post or video is
substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval
and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled
release date, but at least 3 business days prior to the scheduled release date for review and
approval is appreciated.
• Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting
immediate and time -sensitive grant activities (e.g. enforcement operations, day of event
highlights or announcements, event invites) are exempt from the OTS PIO approval process. The
OTS PIO and your Coordinator should still be notified when the grant -related activity is
happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints,
etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are
embargoed or could impact operations by publicizing in advance are exempt from the PIO
approval process. However, announcements and results of activities should still be copied to the
OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with
"INTERNAL ONLY: DO NOT RELEASE" message in subject line of email.
• Any earned or paid media campaigns for TV, radio, digital or social media that are part of a
specific grant objective, using OTS grant funds, or designed and developed using contractual
services by a subgrantee, requires prior approval. Please send to the OTS PIO at
pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the
scheduled release date.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving
Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints,
etc.), or any other grant -related activity such as Bicycle rodeos, presentations, or events, are
highly encouraged but do not require prior approval.
• Submit a draft or rough -cut of all digital, printed, recorded or video material (brochures, posters,
scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid
media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS
Coordinator for approval prior to the production or duplication.
• Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety,
through the National Highway Traffic Safety Administration.
• Space permitting, include the OTS logo on all grant -funded print materials, graphics and paid or
earned social media campaign grant objective; consult your OTS Coordinator for specifics,
format -appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in
advance, or when first confirmed, a short description of any significant grant -related traffic safety
event or program, particularly events that are highly publicized beforehand with anticipated media
coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including
any media coverage (broadcast, digital, print) of event within 7 days following significant grant -
related event or program. Media and program highlights are to be reflected in QPRs.
• Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any
educational or informational materials that received PIO approval in a prior grant year needs to
be resubmitted for approval in the current grant year.
• Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the
above requirements might be warranted.
Task 1 - Pedestrian and Bicycle Safety Education Workshops and Classes to help support
increased knowledge and understanding of pedestrian and bicycle safety in Santa Ana:
• Collect Bicycle Helmet Usage Surveys. A pre -survey to determine the base year helmet use rate,
and a post -survey required to determine the operational rate.
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• Conduct Pedestrian and Bicycle Traffic Safety Fairs to promote active transportation safety in the
community.
• Conduct Bicycling Basics Classes to emphasize the importance of bicycle helmet use and
traffic safety awareness. At least one (1) of these classes will be taught in Spanish
• Conduct Wrench and Ride programs to teach participants about bicycle anatomy, bike safety,
and maintenance. All classes will be taught in English or Spanish, with Vietnamese as needed.
• Host Build -Your -Own Skateboard Education Workshop which will include a certification program
upon mastering the associated active transportation safety education course.
Task 2 - Community Encouragement Activities to support increased walking and biking in Santa
Ana (Community encouragement activities may be in -person or virtual to account for applicable health
and safety restrictions):
• Conduct Family Cycling Community Bicycle Rides to encourage the use of safe active
transportation.
• Conduct iLuces Vivas! Community Events to encourage and provide education for walking and
riding safely at night.
• Create multilingual Santa Ana Bike and Walk Guides to encourage residents to interact with
bicycle and pedestrian safety improvements throughout the city.
C. Phase 3 — Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and
October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
• Provide a brief list of activity conducted, procurement of grant -funded items, and significant
media activities. Include status of grant -funded personnel, status of contracts, challenges, or
special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary
of the grant's accomplishments, challenges and significant activities. This narrative should also include
whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities
after grant conclusion.
10/20/2023 11:54:06 AM Page 6 of 17
State of California - Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PS24039
FUND NUMBER
CATALOG
FUND DESCRIPTION
TOTAL AMOUNT
NUMBER (CFDA)
402PS-24
20.600
State and Community Highway
$199,900.00
Safety
COST CATEGORY
FUND
NUMBER
UNIT COST OR
RATE
f UNITS
l
TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub -Total
$0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub -Total
$0.00
C. CONTRACTUAL SERVICES
Pedestrian and Bicyclist Safety Education
Program - $199,900
402PS-24
$199,900.00
1
$199,900.00
Task 1 a (#7 / OB046) - Traffic Safety Fair
Bike Rodeo
402PS-24
$0.00
2
$0.00
Task 1 b (#3 / OB032) - Bicycling Basics
Course
402PS-24
$0.00
2
$0.00
Task 1c (#3 / OB032) - Wrench and Ride
Course
402PS-24
$0.00
2
$0.00
Task 1 d (#12 / M-749026) - Skateboard
Safety Workshop
402PS-24
$0.00
2
$0.00
Task 1 e (#3 / OB032) - Bike/Ped Safety
Workshop
402PS-24
$0.00
2
$0.00
Task 1f (#11 / OB051) - Learn to Ride
402PS-24
$0.00
3
$0.00
Task 1g (#10 / OB050) - LCI Seminar
402PS-24
$0.00
1
$0.00
Task 2a (#11 / OB051) - Family Cycling
Class
402PS-24
$0.00
3
$0.00
Task 2b (#5 / OB042) - Bike/Ped Safety
Community Event
402PS-24
$0.00
3
$0.00
Task 2c (#5 / OB042) - Bike/Ped Safety
Mobile Team
402PS-24
$0.00
2
$0.00
Task 2d (#'4 / M-749030) - Santa Ana
Bike and Walk Guide
402PS-24
$0.00
1
$0.00
Bicycle Helmets
402PS-24
$0.00
760
$0.00
Pedestrian/Bicycle Safety Items
402PS-24
$0.00
1
$0.00
Category Sub -Total
$199,900.00
D. EQUIPMENT
$0.00
Category Sub -Total
$0.00
E. OTHER DIRECT COSTS
$0.00
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Category Sub -Total
$0.00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
GRANT TOTAL $199,900.00
10/20/2023 11:54:06 AM Page 8 of 17
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PS24039
BUDGET NARRATIVE
PERSONNEL COSTS
TRAVEL EXPENSES
CONTRACTUAL SERVICES
Pedestrian and Bicyclist Safety Education Program - $199,900 - Santa Ana Public Works Agency will seek a
contractor to assist with fulfilling the goals and objectives of this grant. Work rendered for this program will
include the following expenses: fees to perform multilingual services such as virtual and on -bike traffic safety
education courses, community outreach, bike rides, bike assessment, traffic safety item distribution, and
helmet distribution and fitting at community events.
Prior to finalizing the subcontract, grantee will work with the OTS to ensure the subcontract budget and all
costs are allowable. Upon execution of subcontract, grantee will provide a copy of the subcontract to the
OTS and will request a grant budget revision to include the associated costs of the subcontract in the grant
budget as a prerequisite for claiming these costs.
Task 1 a (#7 / 013046) - Traffic Safety Fair (Bike Rodeo) - Teaches youth how to safely, efficiently, and
confidently interact with the roadway and traffic. These traffic safety fairs cover everything from using
different intersection devices, bicycling in the roadway, bicycle safety inspections, and helmet fit. Curriculum
uses a combination of traffic simulations and hands-on training to teach participants how to make safe
decisions while walking or riding within the roadway. Age -appropriate bicycles will be made available for
youth that do not have their bicycle with them.
Task 1 b (#3 / 013032) - Bicycling Basics Course - Lessons to include topics such as choosing your bike,
what to wear, importance of visibility, helmet fitting, Principles of Bicycling, Principles of Traffic Law, Bike
Infrastructure, and Hazards in Bicycling. Workshop will include an on -bike section to include the ABC Quick
Check before riding, practicing how to Start and Stop while riding, signaling and scanning, and taking a
group ride to use these skills on the road.
Task 1 c (#3 / OB032) - Wrench and Ride Course - A series of classes and workshops where participants
learn about bikes, bike safety, and maintenance. Each participant chooses a donated bike and repairs it with
the guidance of a volunteer mechanic, learning about how the bike works in the process. At the end of the
course, the participants will participate in a bike ride accompanied by the instructor. Each participant gets to
keep their bike, along with a helmet, lock, and bike lights. All classes to be taught in English, Spanish or
Vietnamese, as needed.
Task 1 d (#12 / M-749026) - Skateboard Safety Workshop - A Build -Your -Own Skateboard Education
Workshop geared toward Santa Ana's youth. The workshop will include building a skateboard, learning
skateboard safety skills, as well as tips on skating in the city. The day finishes off with a skate session and a
certificate upon mastering the skateboard safety education course.
Task 1 e (#3 / 013032) - Bike/Ped Safety Workshop - Presentations and interactive activities on bicycle and
pedestrian safety strategies, including nationally recognized best practices and emerging successes from
localities across California. Each event will also include a survey of participants to identify what was done
well and what could be improved for future events. Survey results will be incorporated into the quarterly
progress reports.
Task 1f (#11 / OB051) - Learn to Ride - Class is geared towards new riders to teach them basic skills and
give them the confidence to begin riding a bicycle. All classes will be taught by trained League Cycling
Instructors (LCls). The target students are people who don't know how to ride, have very little experience
riding a bike, and/or who have not ridden since childhood. The class is designed to increase bicyclists' safety
awareness of keeping control of a bike, including, keeping eyes on the road while riding, learning how to
pedal, shifting gears, and turning safely. Each class will emphasize the importance of helmet use when
riding a bicycle as well as proper fit. Each participant will receive a certificate of completion upon mastering
the course. Each participant will receive a helmet and bike light, if needed.
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Task 1g (#10 / 013050) - LCI Seminar - League of American Bicyclists (LAB) will conduct an LCI Certification
Seminar to train and certify at least 10 and up to 15 community members as League Cycling Instructors
LCIs .
Task 2a (#11 / 013051) - Family Cycling Class - Merges traffic skills curriculum developed by the League of
American Bicyclists with the basic skills taught to youth in a bike rodeo. The target population for students is
families that seek to ride as a family and give them the confidence to begin riding a bicycle together. Riders
learn the rules of the road for entering traffic at intersections and riding in the street. Bike rides are designed
to increase bicyclist's safety awareness of common car/bike crashes, teach ways to prevent and avoid
crashes, and emphasize the importance of helmet use when riding a bicycle. A minimum of 2 events will be
made available for the cit 's Spanish-speaking community.
Task 2b (#5 / 013042) - Bike/Ped Safety Community Event - Night-time pop-up community events providing
education and light/reflective safety gear distribution. Bilingual educational materials will also be provided at
these locations. The program is intended to provide education and encouragement for riding bikes and
walking safely in Santa Ana after dark. Helmets will also be fitted and provided to those in need.
Task 2c (#5 / OB042) - Bike/Ped Safety Mobile Team - A team of cyclists will ride seek out people riding or
walking in the city without lights or reflective safety gear. Bilingual educational materials will be distributed at
locations throughout Santa Ana where night-time bicycle ridership and pedestrian activity is expected to be
high and where Santa Ana has seen a history of incidents involving bicyclists and pedestrians at night.
Helmets will also be fitted and provided to those in need.
Task 2d (#'4 / M-749030) - Santa Ana Bike and Walk Guide - A multilingual Santa Ana Bike and Walk Guide
to encourage residents, including the disabled community, to interact with bicycle and pedestrian safety
improvements throughout the city. It will be accessible in printed and digital formats, through digital PDF or
mobile application, through the City of Santa Ana website. The material will include paths that can be
completed by participants using various modes, including walking, biking, or active transportation. In addition
to traffic safety education, it may include local history, public art, culturally significant sites, and popular
destinations, and will also be available in English, Spanish, and Vietnamese.
Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related
events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More
expensive helmets may be purchased if approved by OTS.
Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle
headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations,
workshops, trainings, and community events to increase safety and visibility. Additional items may be
purchased if approved by OTS.
EQUIPMENT
OTHER DIRECT COSTS
INDIRECT COSTS
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
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State of California — Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PS24039
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906,
Public Law 109-59, as amended by Section 25024, Public Law 117-58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page,
that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules,
guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable
provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;
• Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;
• 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;
• 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards;
• 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations
relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the
basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of
Transportation —Effectuation of Title VI of the Civil Rights Act of 1964);
• 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title W of the Education Amendments of 1972,
as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits
discrimination on the basis of disability) and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the
basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title
VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of
1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities
of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -
funded or not);
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the
basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing) and 49 CFR parts 37 and 38;
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -
Income Populations (preventing discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that
recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have
limited English proficiency (LEP));
• Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the
Federal Government (advancing equity across the Federal Government); and
• Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or
Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender
identity or sexual orientation).
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The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively
GENERALASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or
guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient
receives Federal financial assistance from DOT, including NHTSA."
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights
Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the
Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these nondiscrimination
statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is
Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following
Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in § 21.23(b) and (c) of 49 CFR
part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be
(with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the
Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work,
or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant
Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
"The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 U.S.0 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an award. "
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred
to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land,
in any deed from the United States effecting or recording a transfer of real property, structures, use, or
improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the
Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real
property or an interest in real property, the Assurance will extend to rights to space on, over, or under such
property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A,
as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments
entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity,
project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or
improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended
to the program, except where the Federal financial assistance is to provide, or is in the form of, personal
property, or real property, or interest therein, or structures or improvements thereon, in which case the
Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is
extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of
Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it,
other recipients, sub -recipients, sub- grantees, contractors, subcontractors, consultants, transferees,
successors in interest, and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter
arising under the Acts, the Regulations, and this Assurance.
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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients,
sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing
NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must
comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep
records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and
accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as
prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans,
contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the
date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This
ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub -grantees, contractors,
subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway
Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the
actions that will be taken against employees for violation of such prohibition;
b. Establishing a drug -free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug -free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will-
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or
otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2),
with respect to any employee who is so convicted-
1. Taking appropriate personnel action against such an employee, up to and including
termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all
of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
10/20/2023 11:54:06 AM Page 13 of 17
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all
sub -awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local
legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative
body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does
not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with
State or local legislative officials, in accordance with customary State practice, even if such communications urge
legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective primary tier participant shall submit an explanation of
why it cannot provide the certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify
such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause or default or may
pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to
which this proposal is submitted if at any time the prospective primary tier participant learns its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and
1200. You may contact the department or agency to which this proposal is being submitted for assistance
in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause
titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the
department or agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to
comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
10/20/2023 11:54:06 AM Page 14 of 17
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website
(h ttps://www. sam..qoo.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal Government, the department or agency
may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —
PRIMARY TIER COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification,
such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You
may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in
all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require
lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
10/20/2023 11:54:06 AM Page 15 of 17
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website
( https://www.sam.gov1).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —
LOWER TIER COVERED TRANSACTIONS
I . The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items
using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and
manufactured products produced in the United States, unless the Secretary of Transportation determines that such
domestically produced items would be inconsistent with the public interest, that such materials are not reasonably
available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project
contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must
submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make,
accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or
subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such
subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or
her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties
indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a
subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be
applied for violations of such standards by officers, employees, or agents.
a. The code or standards shall provide that the recipient's officers, employees, or agents may neither
solicit nor accept gratuities, favors, or anything of monetary value from present or potential
subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for
violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of
conduct.
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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a
grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently
planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be
substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an
immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action
which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict
of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best
interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational,
financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization
whose interests may be substantially affected by NHTSA activities, and which are related to this award. The
interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed
subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the
date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient,
and the officers, employees or agents of a recipient who are responsible for making a decision or taking an
action under an award where the decision or action can have an economic or other impact on the interests of a
regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to
create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the
Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when
operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration
(NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information
and resources on traffic safety programs and policies for employers, please contact the Network of Employers for
Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and
employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and
other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information
on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT
Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies
to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company -
owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official
Government business or when performing any work on or behalf of the Government. States are also encouraged to
conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of
new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education,
awareness, and other outreach to employees about the safety risks associated with texting while driving.
10/20/2023 11:54:06 AM Page 17 of 17
AGREEMENT TO PROVIDE BICYCLE AND
PEDESTRIAN SAFETY OUTREACH SERVICES
THIS AGREEMENT is made and entered into this 19th day of December, 2023, by and between
Charitable Ventures of Orange County, Inc., as fiscal sponsor for Santa Ana Active Streets
("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized
and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The Santa Ana Public Works Agency has been awarded a $199,900.00 grant from
the State of California Office of Traffic Safety (OTS) for a program to address
bicycle and pedestrian safety through a series of bicycle safety education workshops
and events. The goal of the program is to reduce the number of persons killed or
injured in collisions involving bicycles.
B. The City desires to retain a consultant to provide such a program.
C. Consultant represents that it is able and willing to provide such services to the City.
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide bicycle and pedestrian safety education services that are
described in Exhibit A to this Agreement and incorporated by reference as though fully
set forth herein. Consultant may provide such services through the community -based
coalition known as "Santa Ana Active Streets" (SAAS).
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its
services, the rates and charges identified in Exhibit B, incorporated by reference
as though fully set forth herein. The total sum to be expended under this
Agreement shall not exceed $199,900.00.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting
procedures. City and Consultant agree that all payments due and owing under
this Agreement shall be made through Automated Clearing House (ACH)
transfers. Consultant agrees to execute the City's standard ACH Vendor
Payment Authorization and provide required documentation. Upon verification
of the data provided, the City will be authorized to deposit payments directly into
Consultant's account(s) with financial institutions. Payment need not be made
for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
The term of this Agreement shall commence on the date first stated above and continue
through October 30, 2024, unless earlier terminated as set forth in Section 14, below.
4. INDEPENDENT CONTRACTOR
Consultant shall during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended
nor shall it be construed to create an employer -employee relationship, a joint venture
relationship, or to allow the City to exercise discretion or control over the manner in
which Consultant performs the services required by this Agreement. However, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all
salaries and wages, employer's Social Security taxes, unemployment insurance, and
similar taxes relating to employees and shall be responsible for all applicable withholding
taxes.
5. OWNERSHIP OF REPORTS AND DOCUMENTS
Upon completion of all work under this Agreement, ownership and title to all reports,
documents, tracings, plans, specifications, estimates and maps prepared or obtained
under the terms of this Agreement shall be delivered to, and become the property of City.
Basic survey notes and sketches, charts, computations, and other data prepared or
obtained pursuant to this Agreement shall be made available upon request of the City
without restriction or limitation on their use. Consultant shall furnish the City all
necessary copies of data needed to complete the review and approval process.
6. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary,
Consultant agrees that it shall not use or disclose such information except in the
performance of this Agreement, and further agrees to exercise the same degree of
care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic
information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is
covered by this Agreement. The foregoing obligations of non-use and nondisclosure
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shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source;
(c) is in rightful possession of the Consultant without an obligation of confidentiality; (d)
is required to be disclosed by operation of law; or (e) is independently developed by the
Consultant without reference to information disclosed by the City.
7. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and
signed by the party waiving the breach, failure, right or remedy. No waiver of any
breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure,
right or remedy, whether or not similar, nor shall any waiver constitute a continuing
waiver unless the writing so specifies.
8. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of
California, the City of Santa Ana and all other governmental agencies. Consultant shall
notify the City immediately and in writing of its inability to obtain or maintain such
permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
termination of this Agreement.
9. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and
prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities or in connection with any
activities under this Agreement. Consultant affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and
regulations.
10. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services.
11. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder and the results of that work by the Consultant, his agents,
representatives, employees or subcontractors.
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MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an "occurrence" basis, including property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate
limit applies, either the general aggregate limit shall apply separately to this project/location
(ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence
limit.
Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any
auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limits no
less than $1,000,000 per accident for bodily injury and property damage. (Not required if
Consultant provides written verification it has no vehicles).
Workers' Compensation insurance as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for
bodily injury or disease. (Not required if Consultant provides written verification it has no
employees).
Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors,
and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual
abuse or molestation, Consultant shall obtain and maintain a policy covering Sexual Abuse and
Molestation with a limit no less than $250,000 per occurrence or claim and with a limit no less
than $1,000,000 per occurrence or claim for organization. (Not required if City staff is present
during all activity).
If the Consultant maintains broader coverage and/or higher limits than the minimums shown
above, the City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by the Instructor. Any available insurance proceeds in excess of the specified minimum
limits of insurance and coverage shall be available to the City.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Instructor to provide proof of ability to pay losses and related investigations, claim administration,
and defense expenses within the retention. The policy language shall provide, or be endorsed to
provide, that the self -insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
I. The City, its officers, officials, employees, agents, and volunteers are to be covered as
additional insureds with respect to liability arising out of work or operations performed by
4
or on behalf of the Instructor including materials, parts or equipment furnished in
connection with such work or operations.
2. For any claims related to this contract, the Consultant's insurance coverage shall be primary
insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers,
officials, employees, agents, and volunteers.
3. The Insurance Company agrees to waive all rights of subrogation against the City, its
elected or appointed officers, officials, agents, and employees for losses paid under the
terms of any policy which arise from work performed by the Instructor for the City. This
provision also applies to the Instructor's Workers' Compensation policy.
4. Each insurance policy required above shall provide that coverage shall not be canceled,
except with notice to the City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best's rating of no less than A. VII, unless otherwise acceptable to the City.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage required
by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
policy endorsements to City before work begins. The City reserves the right to require complete,
certified copies of all required insurance policies, including endorsements affecting the coverage
required by these specifications, at any time.
Special Events Coverage for Instructors
Special events coverage is available for an additional fee to provide the liability insurance required
by this agreement. Consultant can obtain additional information and cost from the City.
Special or Low Risk Activities
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances. The City reserves the right
to modify or waive insurance requirements for certain low risk recreational activities.
12. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its
officers, agents, employees, consultants, special counsel, and representatives from
liability: (1) for personal injury, damages, just compensation, restitution, judicial or
equitable relief arising out of claims for personal injury, including death, and claims
for property damage, which may arise from the operations of the Consultant or its
Consultants, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in section 1 of this Agreement; and (2) from any
claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of,
or effects, arising from this Agreement. The Consultant further agrees to indemnify,
hold harmless, and pay all costs for the defense of the City, including fees and costs for
special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages,
just compensation, restitution, judicial or equitable relief due to personal or property
rights arises by reason of the terms of, or effects arising from this Agreement. City may
make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil
Code Section 2782.8, the above indemnity shall be limited, to the extent required by
Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, in the manner provided
in this Section, to the following persons:
To City: City Clerk
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Copies to: Public Works Agency - Executive Director
City Hall -Ross Annex -4th Floor
20 Civic Center PIaza (M-21)
Santa Ana, California 92702
To Consultant: Charitable Ventures of Orange County
1505 F. 17th Street, Suite 101
Santa Ana, CA 92705
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after
it has been deposited in the United States mail, duly registered or certified, with postage
prepaid, and addressed as set forth above. For purposes of calculating these time
frames, weekends, federal, state, County or City holidays shall be excluded.
14. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall
M
pay Consultant compensation for all services performed by Consultant prior to receipt
of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant
to deliver to the City all work product completed as of such date, and in such
case such work product shall be the property of the City unless prohibited by
law, and Consultant consents to the City's use thereof for such purposes as the
City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
Consultant shall perform all requirements under this Agreement in strict
observance and in compliance with all applicable environmental, traffic, safety
and any other laws, regulations, ordinances, codes and any other legislative or
statutory requirements.
Consultant warrants that the performance of services under this Agreement
shall be compliant with the current requirements of the Highway Safety Grant
Management Manual and as it may be amended or updated throughout the term
of this Agreement.
C. Consultant certifies that it shall comply with the following regulations, as
required by the State of California Office of Traffic Safety:
d Audit Records - With respect to all matters covered by this agreement all
records shall be made available for audit and inspection by the City, the grant
agency and/or their duly authorized representatives for a period of four (4) years
from the termination of this Agreement. For a period of three years after final
delivery hereunder or until all claims related to this Agreement are finally
settled, whichever is later, Consultant shall preserve and maintain all
documents, papers and records relevant to the services provided in accordance
with this Agreement, including the Attachments hereto. For the same time
period, Consultant shall make said documents, papers and records available to
City and the agency from which City received grant funds or their duly
authorized representative(s), for examination, copying, or mechanical
reproduction on or off the premises of Consultant, upon request during usual
working hours.
e. Consultant shall provide to City all records and information requested by City
for inclusion in quarterly reports and such other reports or records as City may
be required to provide to the agency from which City received grant funds or
other persons or agencies.
7
£ Section 504 of the Rehabilitation Act of 1973 - All recipients of
federal funds must comply with Section 504 of the Rehabilitation Act of
1973 (The Act). Therefore, the federal funds recipient pursuant to the
requirements of The Act hereby gives assurance that no otherwise qualified
handicapped person shall, solely by reason of handicap be excluded from the
participation in, be denied the benefits of or be subject to discrimination,
including discrimination in employment, in any program or activity that receives
or benefits from federal financial assistance. The Consultant agrees it will ensure
that requirements of The Act shall be included in the agreements with and be
binding on all of its contractors, subcontractors, assignees or successors.
g. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with
all requirements of the Americans with Disabilities Act of 1990 (ADA), as
applicable.
h. Political Activity - None of the funds, materials, property, or services provided
directly or indirectly under this Agreement shall be used for any partisan
political activity, or to further the election or defeat of any candidate for public
office, or otherwise in violation of the provisions of the "Hatch Act".
i. Civil Rights Compliance and Notification of Findings - Consultant, and all its
contractors (or sub -recipients) will comply with the nondiscrimination
requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI
of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation
Act of 1964, as amended; Subtitle A, Title 11 of the Americans with Disabilities
Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non -Discrimination
Regulations, 28 CPR Part 42, Subparts C, D, E, and G; and Department of
Justice regulations on disability discrimination, 28 CPR Part 35 and 39. In the
event a Federal or State court, Federal or State administrative agency, or the
Consultant makes a finding of discrimination after a due process hearing on the
grounds of race, color, religion, national origin, sex, or disability against a
recipient of funds, the Consultant will forward a copy of the findings to the City
which will, in turn, submit the findings to the Office of Civil Rights, Office of
Justice Programs, U.S. Department of Justice.
Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of the Executive Order 11246 of September 24, 1965, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations (41
CPR chapter 60), as applicable.
k. Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CPR Part 3), as
applicable.
Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented by Department of Labor regulations (29 CPR Part 5), as
applicable.
M. Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of Sections 103 and 107 of the Contract Work and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CPR Part 5), as applicable.
n. Consultant, and all its contractors (or sub -recipients) will comply with all
applicable standards, orders or requirements issued under section 306 of the
Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency
regulations (40 CPR part 15), as applicable.
o. Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89
Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639,
19645, Apr. 19, 1995), as applicable.
p. Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of the Department of Housing and Urban Development,
Community Development Block Grant Regulatory Code 24 CPR Part 570.
q. Consultant agrees that the State of California Office of Traffic Safety shall have
the authority to seek patent rights for any process, product, invention or
discovery developed and paid for with funding through this Agreement.
Consultant may not copyright any books, publications or other materials
developed in the course of or under this Agreement. The federal awarding
agency, State Administrative Agency (SAA) and City reserve any rights to
copyright, reproduce, publish or otherwise use, and to authorize others to use, for
federal government, SAA or City purpose any work developed through this
Agreement.
16. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter therein, and supersedes any and all other
agreements, oral or written, between the parties. In the event of a conflict between the
terms of this Agreement and any attachments hereto, the terms of this Agreement shall
prevail. This Agreement may not be modified except by written instrument signed by the
City and by an authorized representative of Consultant. The parties agree that any terms
or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the
City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which are not embodied herein.
17. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without
the prior written consent of the City and any such assignment, transfer, delegation or
subcontract without the City's prior written consent shall be considered
null and void. Nothing in this Agreement shall be construed to limit the City's ability to
have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
18. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, Interpretation, performance, and enforcement of any of the clauses of this
Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
19. FINES
The Consultant shall be liable for all violation fines levied a-ainst the City by federal,
state, or local agencies with regulatory authority related to Consultant provided services.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Attachments referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
[Signatures on the following page]
a
SIGNATURE PAGE TO AGREEMENT TO PROVIDE BICYCLE AND
PEDESTRIAN SAFETY OUTREACH SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
B
�
JyATHAN T. MARTINEZ
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
THOMAS R. HATCH
Interim City Manager
CONSULTANT
V
TED KIM
Chief Qpa6V-ice-Officer
I'l�e4h«'CY (
EXHIBIT A
SCOPE OF WORK
EXHIBIT A
Budget
SCOPE OF SERVICES
Task 1: Pedestrian and Bicycle Safety Education Workshops and Classes to help support
increased knowledge and understanding of safety. Workshop and classes may be
in -person or virtual to account for applicable health and safety restrictions.
Task 1a Conduct two (2) Pedestrian and Bicycle Traffic Safety Fairs
SAAS will conduct two (2) pedestrian and bicycle traffic safety fairs. Each Traffic Safety Fair will
teach participants how to safely, efficiently, and confidently interact with the roadway and traffic.
These traffic safety fairs will cover everything from using the different intersection devices,
bicycling in the roadway, bicycle safety inspections, and helmet fit. SAAS will use a combination
of traffic simulations and hands-on training to teach participants how to make safe decisions
while walking or riding within the roadway. SAAS will coordinate these events in appropriate
areas of local public parks and/or school grounds. Age -appropriate bicycles will be made
available for youth that do not have their bicycle with them. Students that complete both the
pedestrian and bicycle section will receive a free helmet and lights.
Task 1a Deliverable:
• Two (2) Pedestrian and Bicycle Traffic Safety Fairs
Task 1 b: Conduct two (2) Bicycling Basics Classes in the City of Santa Ana.
Bicycling Basics classes are geared towards intermediate riders to teach them basic skills and
give them the confidence to begin riding a bicycle on the road. All classes will be taught by
trained League Cycling Instructors (LCIs). The target students are people who have never
ridden on the road before or who prefer riding on the sidewalk. The class is designed to
increase bicyclists' safety awareness of common car/bike collisions, teach ways to prevent and
avoid crashes and collisions, and emphasize the importance of helmet use when riding a
bicycle. This class covers bicyclist rules of the road, basic principles of bicycling in traffic,
common hazards encountered by bicyclists and how to deal with them, simple steps to ensure
your bike is in good riding condition, and proper helmet fit and adjustment. Each participant will
receive a certificate of completion upon mastering the course. Each participant will receive a
helmet and bike light if needed.
Task 1 b Deliverables:
• Two (2) Bicycling Basics Classes.
• Sign -in sheet and surveys collected from participants
Task 1 c: Conduct two 2 Wrench and Ride programs in the City of Santa Ana
Wrench and Ride is a program hosted at The Bicycle Tree in which participants learn about
bicycle anatomy, bike safety, and maintenance. As part of the program, people select a used
bike, which they then repair using the skills they have learned. Participants also receive a
helmet, lock, and lights to go with their bike.
In addition to attending the Wrench and Ride classes, participants will be encouraged to attend
other Bicycle and Pedestrian Safety Outreach activities, including active transportation
presentations or workshops, and volunteer hours at a BPSO event. The Wrench and Ride
program will prioritize cohorts for women, youth and/or seniors.
Task I Deliverables:
• Two (2) Wrench and Ride Programs
• Sign -in sheet and surveys collected from participants
Task 1 d: Host two 2 Build Your Own Skateboard education workshops
Skateboarding is a popular form of transportation, especially amongst the youth population in
Santa Ana. The target students are people who have never skated before, who have not ridden
since childhood, and/or who have limited experience but lack the financial means to obtain a
skateboard. This workshop is designed to increase skateboarders safety awareness of common
car/skate collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the
importance of helmet use when riding a skateboard. This workshop will teach participants about
the individual skateboard parts, how they work together; how to skate safely and confidently
throughout the city, and end with a group skate on the sidewalk or street. The build a skateboard
workshop will be two hours long where they will put together a blank skate deck with all its
components. The safety class will cover skating rules of the road, basic principles of skating on
the street and on the sidewalk, common hazards encountered by skateboarders and how to
deal with them, simple steps to ensure your skateboard is in good condition, and proper helmet
fit and adjustment. Each participant will receive a certificate of completion upon mastering the
course and completion of a skateboard build. The skateboard education workshop will prioritize
cohorts for youth, female, queer and/or nonbinary folks.
Task 1d Deliverables:
• Host 2 Skateboard Safety Workshops
• Sign -in sheets
Task le. Host two 2presentations and interactive activities to provide education to
community members on safety for pedestrians and bicyclists.
SAAS will host two (2) presentations and interactive activities that will educate residents on
bicycle and pedestrian safety strategies, including nationally recognized best practices and
emerging successes from localities across California. The presentations and interactive
activities will be geared toward adults and young adults. The target population will be for adults
and youth that have concerns about active transportation safety and would like to learn about
strategies that would improve safety for people walking and biking. Topics for the presentations
and activities may include, but are not limited to, the basic principles of active transportation
safety, transit systems, Vision Zero, and safe routes to school.
Outreach will include in -person interaction, phone calls, flyers in both English and Spanish,
social media, website, and email marketing.
Each event will also include a survey of participants to identify what was done well and what
could be improved for future events. Survey results will be incorporated into the quarterly
progress reports.
Task 1e Deliverables:
• Two(Z) interactive activities
• Sign -in sheet and a survey collected from participants
Task 1f: Host three (3) Learn to Ride Bike Classes
Learn to Ride Bike classes are geared towards new riders to teach them basic skills and give
them the confidence to begin riding a bicycle. All classes will be taught by trained League
Cycling Instructors (LCls). The target students are people who don't know how to ride, have
very little experience riding a bike, and/or who have not ridden since childhood. The class is
designed to increase bicyclists' safety awareness of keeping control of a bike, learning how to
balance while stationary or moving, mounting and dismounting, keeping eyes on the road while
riding, learning how to pedal, how to start and stop using the power pedal position, shifting
gears, and turning safely. The class will emphasize the importance of helmet use when riding a
bicycle and teach how to wear a helmet properly.
Each participant will receive a certificate of completion upon mastering the course. Each
participant will receive a helmet and bike light if needed.
Task 1f Deliverables:
• Three (3) Learn to Ride Bike Classes
• Sign -in sheet collected from participants
Task 1g: Organize and Host a League Cycling Instructor (LCI) Certification Seminar
SAAS will work with the City and the League of American Bicyclists (LAB) to schedule and host
an LCI Certification Seminar to train and certify at least 10 and up to 15 community members as
League Cycling Instructors (LCls). The seminar will take place prior to the final month of the
grant cycle to provide continuity of the bicycle education program in Santa Ana. SAAS has
several affiliated LCls to assist with the implementation of the seminar.
SAAS staff will coordinate logistics, such as finding an indoor meeting/classroom space,
promote the seminar to interested individuals, and remain in contact with the LCI Coach. Priority
for acceptance into the seminar will be given to participants of this project's TS-101 classes held
earlier in the year who are also committed to making cycling safe and accessible in Santa Ana.
SAAS will coordinate proper payment of the LAB and the Master Instructor.
Task 1g Deliverable:
• One (1) League Cycling instructor Training Seminar
tlMER-ITTI-TWITU - V.
The class will merge the traditional Traffic Skills curriculum developed by the League of
American Bicyclists with the basic skills taught to youth in a bike rodeo. The target population
for students is families that seek to ride as a family and give them the confidence to begin riding
a bicycle together. Riders will learn the rules of the road for entering traffic at intersections and
riding in the street. The class is designed to increase bicyclist's safety awareness of common
car/bike collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the
importance of helmet use when riding a bicycle. Each participant will receive a certificate of
completion upon mastering the course. The on -bike training will consist of a family group riding
exercise where participants will have the opportunity to test their new skills in a fun, safe, and
family -friendly setting.
Following each class surveys will be conducted to collect comments and ideas from both
students and instructors to improve and expand future classes.
Task 2a Deliverable:
• Three (3) family cycling education classes (Flyer with date and time)
• Sign -in sheet
• Gather survey
Task 2b: Conduct three (3) iLuces Vivas! Events to heir) encourage and provide
education for walking and riding safely at night.
iLuces Vivas! is an education and night light distribution program intended to provide education
and encouragement for riding bikes and walking in Santa Ana safely at night. Our goal is to
seek out people riding or walking without lights for various reasons, especially those who may
not have the means or time to acquire lights on their own.
SAAS and community partners will organize iLuces Vivas! to meet for three (3) street
distributions at undisclosed locations throughout Santa Ana where night-time bicycle ridership
and pedestrian activity is expected to be high and where the City has seen a history of incidents
involving bicyclists and pedestrians at night. iLuces Vivas! members will provide bilingual
education and encouragement activities to support the safety of pedestrians and bicyclists.
Additionally, cyclists who are not wearing helmets will be fitted and provided a helmet.
SAAS will be responsible for procuring front and rear bike lights and bike helmets that meet the
OTS Buy America requirements. The number of units are reflected in the agreed upon budget. It
is expected that 50-100 light sets, reflective vests, and/or helmets will be distributed at each
event, depending on expected bicyclist and pedestrian volume. Our goal will be to distribute all
the lights and helmets allocated for each event.
Task 2b Deliverable:
• Three (3) iLuces Vivas! Events (Flyer with date and time)
Task 2c: Conduct two (2) iLuces Vivas! Street Team events to help encourage and
provide education for walking and riding safely at night.
iLuces Vivas! Street Team takes education and encouragement materials mobile to multiple
sites throughout the City. A team of cyclists will ride bicycles around the City, engaging directly
with pedestrians and cyclists traveling on City streets. The team would ride to at least two
nearby sites, set up a pop-up distribution event at key intersections where collisions are highest,
and provide education and encouragement for riding bikes and walking in Santa Ana safely at
night. Our goal is to seek out people riding or walking without lights for various reasons,
especially those who may not have the means or time to acquire lights on their own.
SAAS and community partners will organize two (2) iLuces Vivas! Street Teams activities and
distribute materials at undisclosed locations throughout Santa Ana where night-time bicycle
ridership and pedestrian activity is expected to be high and where the City has seen a history of
incidents involving bicyclists and pedestrians at night. iLuces Vivas! Street Team members will
provide bilingual education and encouragement activities to support the safety of pedestrians
and bicyclists. Additionally, cyclists who are not wearing helmets will be fitted and provided a
helmet.
SAAS will be responsible for procuring front and rear bike lights and bike helmets that meet the
OTS Buy America requirements. The number of units are reflected in the agreed upon budget. It
is expected that 40-80 light sets, reflective vests, and/or helmets will be distributed at each
event, depending on expected bicyclist and pedestrian volume. Our goal will be to distribute all
the lights and helmets allocated for each event.
Task 2c Deliverable:
Two (2) iLuces Vivas! Events (Flyer with date and time)
Photos of event
Task 2d: Create one 1 Santa Ana Bike and Walk Guides
The Santa Ana Bike And Walk Guides will be digital and printed materials for the public that
encourage them to interact with bicycle and pedestrian safety improvements throughout the
City. The materials will include paths that can be completed either walking or biking. Topics of
the guides can include, but are not limited, local history, public art, culturally significant sites,
and popular destinations. Each guide will be accessible in printed and digital formats, either
through digital pdf or mobile application and available through the City of Santa Ana website.
Guides will be available in English, Spanish and Vietnamese.
Task 2d Deliverable:
• One (1) Santa Ana Bike and Walk Guide
EXHIBIT B
CONSULTANT'S PROPOSED BUDGET
OTS 2023-24 Proposal Budget.xlsx
Task #
Task Item
Quantity
Unit Cost
Total Cost
1a
Traffic Safety
Fair
2
$5,200
$10,400
1b
Bici Basics
2
$6,900
$13,800
1c
Wrench and
Ride Program
2
$15,000
$30,000
1d
Skateboard
Education
Workshops
2
$8,200
$16,400
1e
Bicyclist and
Pedestrian
Safety
Workshop
2
$8,000
$16,000
1f
Learn to Ride
Bike Class
3
$6,700
$20,100
1g
LCI Seminar
1
$13,600
$13,600
2a
Family Cycling
3
$5,600
$16,800
2b
Luces Vivas
3
$5,200
$15,600
2c
Luces Vivas
Street Team
2
$6,800
$13,600
2d
Santa Ana Bike
and Walk
Guide(s)
1
$13,300
$13,300
Helmets
760
$15
$11,400
Bike Safety Equi
1
$8,900
$8,900
$199,900
9/19/2023