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HomeMy WebLinkAbout20A - AA PEDESTRIAN BIKE SAFETY PROGRAMREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 21, 2017 TITLE: APPROPRIATION ADJUSTMENT TO RECOGNIZE RECEIPT OF GRANT FUNDS AND AUTHORIZE AGREEMENTS FOR PEDESTRIAN AND BICYCLE SAFETY PROGRAM (PROJECT NO. 18-6884) (STRATEGIC PLAN NO. 1, 313) CITY g6�AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment to recognize Office of Traffic Safety (OTS) Public Education on Bicycle Safety grant funds in the amount of $75,000 into the OTS -PWA Traffic Safety Grants revenue account and appropriate the same in the OTS -Bicycle Safety PWA expenditure account. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with the State of California Office of Traffic Safety for a one-year period covering the Federal fiscal year from October 1, 2017, through September 30, 2018, for Pedestrian and Bicycle and Safety Program funds in an amount not to exceed $75,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and the Clerk of the Council to execute an agreement with NeighborWorks Orange County to provide bicycle safety education services, for the period beginning November 21, 2017, and ending September 30, 2018, in an amount not to exceed $75,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Public Works Agency has been awarded a $75,000 Bicycle and Pedestrian Safety Education Program grant from the State of California Office of Traffic Safety (OTS). These funds will be used to address pedestrian and bicycle safety through a series of education workshops and events. The goal the program is to reduce the number of deaths and injuries in traffic collisions involving bicycles. For the purposes of expediting the release of a Request for Proposals (RFP) and the delivery of this program, the approval of the agreement with OTS was delayed so it could be included in this single Council action, rather than multiple Council actions. The bilingual (English and Spanish) education and outreach campaign is intended to reach youth, adults, and seniors. It will include bicycle safety skills classes taught by League of American Bicyclists Certified Instructors, nighttime pedestrian and bicycle light and helmet distribution events, pedestrian and bicycle safety rodeos, and a train -the -trainer seminar for new instructors. 20A-1 Appropriation Adjustment and Agreements for Pedestrian and Bicycle Safety Program November 21, 2017 Page 2 An RFP for education services was released and distributed on September 29, 2017, to qualified pedestrian and bicycle education organizations. Proposals were due October 18, 2017. While the City only received one proposal, that proposal is a partnership from multiple local organizations (NeighborWorks, Santa Ana Active Streets, Bicycle Tree, KidWorks, and Latino Health Access) collaborating on a single proposal. Due to the unique nature of the work, staff does not believe that a new RFP process would result in additional proposals from other qualified organizations and that would only further delay providing these necessary safety programs. Therefore, staff recommends that NeighborWorks Orange County be retained to provide education services for an amount not to exceed $75,000. Based on local community experience, qualifications, project understanding, and familiarity with the grant source, this organization has demonstrated they have the experience and resources needed to successfully provide the required services. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon approval of the recommended appropriation adjustment, $75,000 of grant funds will be recognized into the OTS -PWA Traffic Safety Grants Fund revenue account (No. 16517002-52001) and appropriated into the OTS -Bicycle Safety PWA Fund expenditure account (No. 16517611-66220, Project No. 18-6884). Funds will be available for expenditure as follows: Fred Mousavipou Executive Director Public Works Agency FM/EW G/CW APPROVED AS TO FUNDS AND ACCOUNTS: nVs S.. 34 Its —� Francisco Gutierrez k,k.�, Executive Director Finance & Management Services Agency Exhibits: 1. Agreement with the State of California Office of Traffic Safety 2. Agreement with NeighborWorks Orange County 20A-2 State of California — Office of Traffic Safety GRANT AGREEMENT GRAN'(' N TumBER PS18029 1. GRANT TITLE Pedestrian and Bicycle Safety Program 2. NAMEOFAGENCY 3. Grant Period Santa Ana From: 10/01/2017 4. AGENCYUNITTOADMINISTERGRANT Santa Ana Public Works Agency To: 09/30/2018 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related collisions inclu ding underserved communities, older adults, and school -aged children. Coordinated efforts such as Safe Routes to School initiatives, Vision Zero campaigns, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non -motorized road users. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $75,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A— Problem Statement, Goals and Objectives and Method of Procedure • ScheduleB—Detailed Budget Estimate and Sub -Budget Estimate. (if applicable) • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A— Certifications and Assurances • ExhibitB*— OTSGrantProgramManuat *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.eov. 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 Gant 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. AUTHORIZING OM- CIALOPDEPARTMENT B. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Fred Mousavipour PHONn: 714-647-5654 NAME: Rhonda L. Craft PnoNE: (916) 509-3030 TITLE: Executive Director of Public FAX: 714-647-5616 TrrLDirector FAX: Works Agency E: (916) 509-3055 ADDRESS: 20 Civic Center Plaza ADDRESS: 2208 Kausen Drive, Suite 300 Santa Ana, CA 92702 Elk Grove, CA 95758 EMAIL: f11ousavipour@Santa-a1a.org EMAIL: rhonda.oraft@ots.ca.gov (Signature) (Date) (Signalure) (Dote) C. ACCOUNTING OFFICIiR OF OFFICE OF TRAFFIC SAFETY 9. DUNSNUMBER NAME: Carolyn Vu DUNS #: 083153247 ADDREss: 2208 Kausen Drive, Suite 300 REGISTERED ADDRESS: 20 Civic Center Plaza, Santa Ana, Elk Grovc, CA 95758 CA 92701. CITY: Santa Ana ZIP+4: 92702-4058 8/10/2017 11:15:22 AM 2np_Page 1 of 11. 'E)MAit 1 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 402PS-18 20.600 0521-0890-101 2016 2016 23/16 $15,000,00 402PS-18 20.600 1 0521-0890-101 2017 2017 14/17 $60,000.00 AGREEMENT TOTAL $75,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted fimds for the current budget year are available far the period and purpose of the arpenditure stated above. $75,000.00 PRIOR AMOUNT ENCUMBERED FOR TRIS AGREEMENT $ 0.00 ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE SIGNED le $75,000.00 8/10/201'7 11:15:22 AM 20A-4 Page 2 of 11 State of California — Oftiee of Traffic Safety GRANT AGREEMENT Schdule A GRANT NUMBER PS18029 1. PROBLEM STATEMENT With a population of just under 330,000; the City of Santa Ana is one of the fourteen highest population cities in the State (Group A). The City is approximately 27.1 square miles. Santa Ana has a large volume of motor vehicle traffic, with the arterials carrying 30,000 to 40,000 vehicles per day. There are also four freeways that converge within the city and a total of 450 miles of streets. Relative income and vehicle ownership levels within the City are significantly lower than statewide averages. The City population's median age is the youngest of the seven largest cities in Orange County and the residential density is one of the highest in the State. Transit ridership in Santa Ana is the highest in the County with several of the busiest Orange County Transportation Authority bus lines serving the City. Because of climate and demographics, bicycle dependent population is relatively high when compared to other communities in the County or the State. Also, a significant portion of the adult bicyclists may not speak English or understand the tyles of the road. In 2012 the City of Santa Ana ranked 3/13 for bicycle involved collisions and 4/13 in bicycle collisions (under 15), hi 2013 those rankings increased to 1/14 for bicycle involved collisions and 2/14 in bicycle collisions (under 15). In addition, collisions involving bicyclist riding at night has remained consistent with 38 in 2014 and 39 in 2015. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic collisions. 2. Reduce the number of persons injured in traffic collisions. 3. Reduce the number of pedestrians killed in traffic collisions. 4. Reduce the number of pedestrians injured in traffic collisions. 5. Reduce the number of pedestrians killed under age 18 in traffic collisions. 6. Reduce the number of pedestrians killed under age 18 in traffic collisions. 7. Reduce the number of pedestrians killed over age 65 in traffic collisions. 8. Reduce the number of pedestrians injured over age 65 in traffic collisions. 9. Reduce the number of bicyclists killed in traffic collisions. 10. Reduce the number of bicyclists injured in traffic collisions. 11. Reduce the number of bicyclists under age 18 killed in traffic collisions. 12. Reduce the number of bicyclists under age 18 injured in traffic collisions. 13. Increase bicycle helmet usage. 14. Reduce the number of night-time bicycle collisions I5. Reduce the number of night-time pedestrian collisions B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off 1 press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio r@i ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate in traffic safety fairs, community events, and/or presentations with an effort to 4 reach individuals. 3. Work closely with community-based organizations at bolls the neighborhood and 10 community level with an effort to reach individuals. 4. Participate in the following campaigns, National Walk to School Day, National Bicycle 1 Safety Month and California's Pedestrian Safety Month. 5. Conduct pedestrian and/or bicycle safety presentations at community events with an effort 4 to reach individuals. 6. Conduct pedestrian and/or bicycle safety courses with an effort to reach community 6 members. 7. Distribute pedesh ian safety equipment to children that may include reflective armbands I and/or zipper pulls. S. Distribute bicycle headlights and tail lights dining bicycle safety community events or I bicycle safety courses. 8/10/2017 11:15:22 AM 20A-5 Page 3 of 11 9. Develop bicycle and pedestrian safety educational materials to be distributed during I classroom presentations, workshops, and community events. 10. Participate in Safe Routes to School coalition meetings. 4 11. Conduct community outreach events with an effort to reach adults and senior citizens. 6 12. Conduct 2edestrian safety Eresentations with an effort to reach older adults. 10 13. Conduct bicycle rodeos with an effort to reach individuals. 4 14. Distribute and properly ft bicycle helmets at bicycle rodeos, workshops, and community 700 events. 15. Conduct bicycle helmet inspections and make necessary adjustments at schools and 1 community events. 16. Train individuals to be Lea ue Certified Instructors. 12 17. Conduct community bicycle tides promoting safe bicycling in the community with an 6 effort to reach bicyclists. 18. Hold quarterly meetings with countywide pedestrian and/or bicycle safety stakeholders to 4 collaborate on events, share best practices, and leverage resources. 19. Collaborate with law enforcement agencies to increase knowledge and awareness of 4 pedestrian and bicycle safety. 3. METHOD OF PROCEDURE A. Phase 1— Program Preparation (1" Quarter of Grant Year) • Develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. B. Phase 2 — Program Operations (Throughout Grant Year) • Conduct Traffic Skills 101 classes. • Conduct Bicycling Basics trainings. • Conduct Pedestrian/Bicycle rodeos. • Organize a League Cycling Instructor Certification Seminar. • Distribute helmets and lights (head-lights/tail-ligbts) at I0 Operation Lights Alive events • Conduct four traffic safety fairs and distribute 700 helmets and lights Media Requirements • Send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pio@ots.ca.gov, with a copy to your OTS Coordinator. • If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press, If an OTS template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would i be 10-20 days prior to the release date to ensure adequate tum -around time. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cul of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space pennitting, on grant -funded print materials; consult your OTS Coordinator for specifics. C. Phase 3 —Data Collection &Reporting (Throughout Grant Year) • Invoice Claims (due January 30, April 30, July 30, and October 30) • Quarterly Performance Reports (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not 8/i U/LU t 7 1 1:15:"1'1 AM 20A-6 Page 4 of 11 completed or plans for upcoming activities. • Collect, analyze and report statistical data relatine to the Brant ¢oafs and obiectives. 4. AIETHOD 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. 8/10/2017 11:15:22 AM 20A-7 Page 5 of I1 State of California - Office of Truffle Safety GRANT AGREEMENT Schedule B GRANT NUMBER PS18029 .FUND NUR4BER CATALOG ;NUMBER. FUND DESGRIP7ION •.,�_ i.TOTAL AMOUNT.',.`,`. Full -Time 402PS 20.600 $tate and COnuuunity Highway $75,000.00 $0.00 Safety - CQSTCAPEOORY. ;GEDA.TOTALCOST 70 GRANT A. PERSONNEL COSTS - Positions and Salaries Full -Time Overtime $0.00 Part -Time $0.00 $0.00' Category Sub -Total $0.00 B. TRAVELEXPENSES $0:00 $0.00 Category Sub -Total =fE= $0.00 C. CONTRACTUAL SERVICES Bic ole and Pedestrian Education -$75,000 20.600 $0.00 PedestriarBicycleRodeos 20.600 $12,000.00 Operation Firefly 20.600 $2-0100-0.0-0 Leape Certified Instructor Training 20.600 $1'2,000.00 Traffic Skills 101 20.600 $9,000.00 Bicycle Helmets 20.600 $7,000.00 Bicycle Safety Equipment 20.600 $5,000.00 Bicycling Basics 20.600 $6 000.00 Educational Materials 20.600 $2,000.00 Pedestrian Safety Equipment 20.600 $2,000.00 Category Sub -Total $75,000.00 D. EQDIPNrEN,r $0.00 Category Sub -Total $0:00 E. OTHER DIRECT COSTS $0.00 Category Sub -Total $0,00 F. INDIRECT COSTS - _ $0.00 Category Sub -Total $0.00 GRANT TOTAL $75,000'.00 8/10/2017 11:15:22 AM 20A-8 Page 6 of II State of California — Office of'rraffic Safety GRANT AGREEMENT Schedale R -I GRANT NumnER PS18029 BUDGET NARRATI VE PERSONNEL COSTS QUANTITY TRAVEL EXPENSES CONTRACTUAL SERVICES Bicycle and Pedestrian Education- $75,000 - The City of Santa Ana will contract with a local 0 community organization to provide the following: Instructional services to teach Traffic Skills 101 courses and League Certified Instructor training. Procure all equipment including helmets and safety equipment. Organize team volunteers for Operation Firefly events. Pedestrian/Bicycle Rodeos - Cost to include outreach, organization, and instruction of 4 4 pedestrian/bicycle rodeos in partnership with Santa Ana Police Department. Each event includes all instructors and materials. Costs will be invoiced at $3,000 per event. Operation Firefly - Costs include outreach, recruitment, organization, and coordination of teams to 10 conduct 10 Operation Firefly events. Costs will be invoiced at $2,000 per event. League Certified Instructor Training - Costs include all recruitment and outreach, coordination, 1 instructors, and materials for one seminar. Costs will be invoiced at $12,000 per class. Traffic Skills 101 - Costs include all instructors and materials for 3 classes. Costs will be invoiced at 3 $3,000 per class. Bicycle Helmets - 700 Helmets to be distributed during bicycle rodeos and other bicycle safely related 700 events. Bicycle Safety Equipment - Cost to include safety equipment such as bicycle headlights/taillights, 1 reflectors, and reflective arm and leg bands to be distributed during bicycle rodeos and other bicycle safety related events. Additional items may be purchased with OTS approval. Bicycling Basics - Bicycle education and training classes targeting beginner riders. 3 Classes to be 3 taught by LCI's, and cover basic bicycle rules of the road for new riders. Cost will be invoiced at $2,000 per class. Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers, 1 coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS. Pedestrian Safety Equipment - Cost to include items such as reflective zipper -pulls and reflective arm 1 hands. Additional items may be purchased with OTS approval. EQUIPMENT OTHER DIRECT COSTS INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. 8/10/2017 11:15:22 AM 20A-9 Page 7 of I1. State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMnrIl PS18029 I _ CERI'J FICATIONS AND ASSURANCES Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1200—Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259), which requires Federal -aid recipients and all sub -recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (1) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title V111 of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases wouldbe 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. Clear justifica6on for the purchase of non- domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIlr1TY (HATCIIACT) The Grantee Agency 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. 8/10/201711:15:22 AM 20A-10 Page 8 of 11 CERTIFICATION REGARDING FEDERAL LOBBYING 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. 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 Foru to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - award at all tiers (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all sub -recipients 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 cerfification 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 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 REGARDINGDEBARMENT AND SUSPENSION Instructions for Primary Certification 1. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification set out below. 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 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 Grantee Agency Official 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 Grantee Agency Official 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. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who 8/10/2017 11:15:22 AM 20A_1 1 Page 9 of 11 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 Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled "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 Her covered transactions. 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 may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non - procurement Programs. 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 infornation 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 eaters into a lower tier covered transaction with a person who is proposed for debarment under 48 CPR 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 this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; b. Have not within a three-year period preceding this grant agreement 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 record, 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/grant agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Instructions for Lower Tier Certification I. By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification set out below. 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 Her 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 and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement 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, debarred, suspended, ineligible, lower tier covered transaction, parlicipont, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement 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 8/10/2017 1' 1;15:22 AM 20A-12 Page 10 of 11 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 grant agreement that it will include the clause titled "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. (See below) 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 may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs, 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 prudenl 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 and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal departrnent 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 grant agreement. 8/10/2017 11:15:22 AM 20A-1 3 Page It of l I Additfonall Page for City, Signat'ures, State of C11iforria. Off ice ofT'rafffc- Safety.' Grant Agyeenrcut Grant No_, PS11802,4' A-PPROVED ASTO FORM ATTEST Sonia. lf._ Carvalho, City- Attouney M- � J 6�I _ FUIv'FUNX IC Assistant City Attorney RECONDI ENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director Public. Works Agency 20A-14 lIAMIA. D. FIIUIZAR Clerk of the. Councii' CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 21 st day of November, 2017, by and between Neighborhood Housing Services of Orange County, Inc. dba NeighborWorks Orange County, a California corporation ("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 was awarded a $75,000 grant from the State of California Office of Traffic Safety (OTS) for a program to address pedestrian and bicycle 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 traffic collisions involving bicycles. B. On September 29, 2017, the City issued Request for Proposal No. 17-113, by which it sought a consultant to provide these education services. C. Consultant submitted a responsive proposal that was selected by City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-113 and that is attached as Exhibit A. 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 beperformed in compliance with such standards as may reasonably be expectedfromaprofessional 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, theparties 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. 2. COMPENSATION a. City agrees to pay and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $75,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM The term of this Agreement shall commence on the date stated above and continue through September 30, 2018, 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. OWNERSI3IP 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 shallbe 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 infonnation 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 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 Pa2of10 2bA-16 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 ofthis Agreement. 9. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 10. CONFLICT OFINTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in: anymamier with performance of services. 1.1, INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Cormnercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, 2034 fl l volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting theref oin and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that Pae 4 of 10 AA -18 insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 12 INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent 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 tenns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 20H=ib Copies to: Public Works Agency -Executive Director City Hall -Ross Annex -4th Floor 20 Civic CenterPlaza (M-21) Santa Ana, California 92702 To Consultant.: NeighborWorks Orange County 128 E. Katella Avenue, Suite 200 Orange, CA 92867 A party may change its address by giving notice in writing to the other party, Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, t h e Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. Consultant shall perforin all requirements under this Agreement in strict observance and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. b. Consultant warrants that the performance of services under this Agreement shall be compliant with the current requirements of the Highway Safety Grant Management Manual and as itmaybe amended 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: Page 6 of 10 20A-20 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. f. Section 504 of the Rehabilitation Act of 1973 - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be deiced 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 lI of the Americans with Disabilities Act (ADA) ((e1990f�gq )),; Title of the Education Amendments IVA=L 1 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 tum, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. j. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CPR chapter 60), as applicable. k. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CPR Part 3), as applicable. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable. in. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of Sections 103 and 107. of the Contract Work and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable. n. Consultant, and all its contractors (or sub -recipients) will comply with all applicable standards, orders or requirements issued under s e ction 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CPR part 15), as applicable. o. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871.), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. P. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Department of Housing and Urban Development, Community Development Block Grant Regulatory Code 24 CPR Part 570. Pae 8 of 10 20A-22 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. r. Consultant may not copyright any books, publications or other materials developed in the course of or under this Agreement. The federal awarding agency, State Administrative Agency (SAA) and City reserve any rights to copyright, reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA or City purpose any work developed through this Agreement. 16. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the ternis 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 maybe brought or arise out of, in connection with or by reason of this Agreement. 19. FINES The Consultant shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to Consultant provided services. 20'. MFSCELLANiEOUS 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 ofthc:terrns ofthks Agreement,, and shall indemnify City f rfl:y, including reasonable costs and: attorney's fees, for anyinjuries or d'mnages to City -in the eventthat such authority orpower isnot, in fact. field by the signatory oriswithdrawn. b. All Attachmentsreferenced herein and attached hereto shall! be incorporated as iffully set forth in the body of this A`neement. IN WITNESS WHEREOF, theparties hereto haveexecuted this; Agreement the: dateand year first above written,. ATTEST: MARIA D-HUIZAR Clerk of the Council APPROVED AS TO FORM-- SONIA R. CARVALHO City Attorney By: 1i `N M FUNK A-sistant City -Attorney RECO,' NI ENDED FOR APPROVAL: FRED iMOUSAVIPOUR Executive Director Public. Works Agency CITY OF SANTA ANA RAUL GODINEZ. City -Manager CONSULTANT NIAME: TITLE-:. Pa,e to or to. 2DA-24 EXHIBIT A Appendix ATTACHMENT SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PEDESTRIAN AND BICYCLE SAFETY PROGRAM RFP NO.: 17-113 Task 1: Conduct Bike Education Classes— Conduct three (3) bicycling basics classes in the City of Santa Ana. At least one (1) of these classes will be taught in Spanish. Bicycling Basics classes are geared towards new riders to teach them basic skills and give them confidence to begin riding a bicycle. All classes will be taught by trained League Cycling Instructors (LCIS). The target students are people who have never ridden before and/or who have not ridden since childhood. The class will help students master riding in a straight line, balancing, and shifting gears. It will emphasize starting and stopping, dodging hazards, scanning and signaling, as well as turning and yielding. Riders will leani 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. 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 condition, and proper helmet fit and adjustment. Likewise, the rights and responsibilities of cyclists are embedded throughout the classroom and on -bike instruction to help increase the number of cyclists riding safely and legally. Each participant will receive a certificate of completion upon mastering the course. This reinforces pride and confidence in what they have learned. Conduct three (3) adult bike education classes in the City of Santa Ana. At least one (1) of these classes will be taught in Spanish. Traffic Skills 101 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. Likewise, the rights and responsibilities of cyclists are embedded throughout the classroom and on -bike instruction to help increase the number of cyclists riding safely and legally. The classroom session. offers students a theoretical explanation of vehicular cycling principles supported by relevant examples of safe cycling using audio/visual and group learning teclviiques. Students are required to complete the classroom session before taking the on -bike session. The on -bike session provides practical application of the theoretical element to give each student a fundamental understanding of safe, legal and effective cycling techniques to reach any destination by bicycle. Students first practice bike -handling skills and evasive maneuvers on a vacant paved area before riding on city streets in a group ride led by experienced instructors. Following each class surveys will be conducted to collect comments and ideas from both students and instructors to improve and expand future classes. Santa Ana RFP 17-113 Pa eA1-1 20A-25 Task 2: Organize and Host a League Cycling Instructor (LCI) Certification Seminar To ensure the longevity of the program one LCI Seminar will be conducted before the final mouth of the funding cycle, September 2018. Completion of a Traffic Skills 101 course is a prerequisite for attending the seminar. LCI candidates will be cultivated from the participants in the Traffic Skills 101 classes, especially cyclists who demonstrate knowledge and experience combined with a desire to snake cycling safe and accessible for others. Prior to the seminar, LCI candidates are required to take an open -book exam and achieve a score of 85% or greater in order to attend the seminar, The League of American Bicyclist's assigns Coaches from among a small group of its Master Instructors who are experienced at leading Seminars and coaching others to teach safe cycling. All Seminar Coaches have at least four years -experience teaching students as LCls, and have attended several LCT Seminars as observers and assistant coaches. Each coach has a broad knowledge of bicycle safety instruction and equipment maintenance. They are experts in the League's Smart Cycling program. Additionally, many coaches have advanced training in bicycle mechanics, have experience with both mountain biking and road cycling, have done long-distance self -supported cycle touring, are active members of advocacy groups, and serve as officers in their local bicycle clubs. The LCI seminar is a comprebensive train the trainer workshop that includes 25 hours of instruction, exercises and practice teaching both in the classroom and on the bike, The seminar emphasis is on how to teach bicycle safety and handling skills that provide increased comfort and confidence for new and returning cyclists and youth. During the seminar each LCI candidate is given the opportunity to practice teach parts of the Traffic Skills 101 curriculum, both in the classroom and on a vacant parking lot. Feedback from Coaches and Peer critiques are an important part of this activity. Certified instructors can teach the League of American Bicyclists Smart Cycling classes to children as well as adults. The League's Smart Cycling bicycle education curriculum includes Traffic Skills 101 (the basic introductory/intermediate course for adult cyclists), Traffic Skills 201 (an. advanced adult course), Kids 1 (designed for parents of children under 10 years of age), and Kids 2 (designed for children age 10-14). A readily available stable of knowledgeable and experienced LCI's will help sustain the program and foster growth and expansion to other cities within the region. Task 3: Procure Supplies and Conduct iLuces Vivas! Events— iLuces Vivas! is an education and night light distribution program intended to make sure people riding bikes and walking in Santa Ana are doing so safely at night. When riding at night in California, a white front light and rear reflectors are required by law (CVC21201). More importantly, riding without lights and reflectors is dangerous. According to the most recent data from the National Highway Traffic Safety Administration, 69% of bicyclist fatalities in 2012 in the U.S. were in urban areas, and 48% of the bicyclist fatalities occurred between 4:00 pin and midnight (NHTSA "Traffic Safety Facts" April 2014 DOT I -IS 812 018). Our goal is to seek out people riding or walking without lights for various reasons, especially those who may not have the moans or time to acquire lights on their own. City of Santa Ana RFP 17-113 2�i� `N The City and convnunity partners will organize iLuces Vivas! to meet for ten (10) 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 stop people who are riding bikes or walking without lights in order to give them front and rear lights (which can be worn on shoes or belts of pedestrians) along with an information "spoke card" that explains the law for riding at night as well as tips they should know for night-time safety. The spoke cards are printed in English and Spanish and iLuces Vivas! will include at least a few members who speak Spanish (as well as female members to encourage female riders to stop). Additionally, cyclists who are not wearing helmets will be fitted and provided a helmet. The selected consultant will be responsible for procuring 1,000 helmets and 1,000 lights that meet the OTS Buy America requirements. It is expected that 50-100 light sets and/or helmets will be distributed at each event, depending on expected bicyclist and pedestrian volume. Our goal will be to distribute all the lights and helmets allocated for each event. Task 4: Conduct Pedestrian and Bicycle Traffic Safety Fairs Conduct four (4) pedestrian and bicycle traffic safety fairs. In the spirit of a bike rodeo, the Traffic Safety Fair- would teach students how to interact with the roadway and traffic. Whether they are walking or biking, the goal of the course would be to increase safety awareness and confidence -of the student. The class would cover everything from using the different intersection devices, bicycling in the roadway, bicycle safety inspections, and helmet fit. The course would use a combination of simulation and hands on training to teach the student how to make safe decisions while walking or riding within the roadway. The training would utilize chalk, cardboard cut-outs, and other techniques to simulate possible roadway conditions/hazards. Classes would be conducted on a safe flat area on local public parks and/or school grounds. Age appropriate bicycles would be made available for youth that do not have their bicycle with them. Students that complete both the pedestrian and bicycle section would receive a free helmet and lights. EXH[BIT B 20A-28 IPJ Q R C a. C m cz a, c Q w, 0 S ra E �' C1 L - CL Gt fs IiL (n. V c in _ V �' v G R UT J 'L i. Ji QN e CO) R =� CL CDa W: 0 M a LU ;? m U. R ri to EXH[BIT B 20A-28