HomeMy WebLinkAboutTIS 2023-02-06 Item 2A - Agreement - Transportation Demand Management Program with King County MetroTO:
FROM:
BY:
City f Tukwila
Allan Ekberg, Mayor
Dc port me nt of Community Development -!ora Gferio#1 +4ICF, Director
Transportation and Infrastructure Committee
Nora Gierloff, Department of Community Development Director
Christopher Andree, Sustainable Transportation Outreach Coordinator
Alison Turner, Sustainable Transportation Program Manager
CC: Mayor Ekberg
DATE: January 26, 2023
SUBJECT: King County Metro TDM Agreement 2023-2024
ISSUE
The Transportation Demand Management (TDM) Program is asking for approval to accept
passthrough funding from King County Metro. The funding source is a federal Congestion
Mitigation and Air Quality Improvement Program grant. Funding will be used to continue
implementation of TDM activities in Tukwila and south King County.
BACKGROUND
The City of Tukwila TDM Program was previously awarded King County passthrough funding in
2016/17, 2017/19, 2020 and 2021/22. TDM Program staff implemented outreach on behalf of
King County Metro to reduce congestion and increase use of sustainable travel alternatives to
driving alone.
DISCUSSION
This new funding will support the continued operation of the City of Tukwila TDM program
through December 31, 2024. The TDM Program will work to increase the use of and access to
transit and other sustainable modes of transportation in Tukwila and south King County. TDM
services will be provided to residents, workers and businesses at employment centers,
educational institutions, and multifamily housing sites. Strategies will include community
outreach, community-based social marketing, motivational interviewing, education, incentive
encouragement, distribution of safety gear, and installation of amenities such as bike racks.
FINANCIAL IMPACT
There will be no impact to the general fund.
RECOMMENDATION
Council is being asked to accept passthrough funding from King County Metro in the amount of
$225,000 and consider this item on the Consent Agenda at the February 13, 2023, Special
Meeting.
ATTACHMENTS
Attachment A: 2023-2024 Tukwila TDM Agreement.pdf
m kwrfa City )i i - 6.2O Southcenter 8oufeuard - Tukwila, WA 981118 2 -433-18'40 * Website: Tukwi!uWA.9au
1
TRANSPORTATION DEMAND MANAGEMENT AGREEMENT
BETWEEN
KING COUNTY
AND
THE CITY OF TUKWILA
THIS TRANSPORTATION DEMAND MANAGEMENT AGREEMENT (the "Agreement") is
made and entered into by and between the City of Tukwila, a Washington municipal corporation
(the "City") and King County, a political subdivision of the State of Washington (the "County"),
through its Metro Transit Department ("Metro"), either of which entity may be referred to
hereinafter individually as "Party" or collectively as the "Parties."
Whereas, on August 31, 2020 the County was awarded a Congestion Mitigation and Air Quality
Improvement program ("CMAQ") grant from the Federal Transit Administration ("FTA")
(Award WA -2020-087-00) in the amount of $6,488,278 (the "CMAQ Grant") to help improve
air quality in urban areas by financing investments in various transportation demand
management ("TDM") activities and transit access improvements that improve traffic flow and
support and encourage alternatives to driving alone; and
Whereas, the CMAQ Grant will support multi -modal transportation project planning and
demonstration programs to reduce drive -alone vehicle travel and increase high occupancy
vehicle use to help reduce energy consumption, air pollution and traffic congestion. Limited
research and development activities are allowed under the CMAQ Grant but cannot be the
primary purpose of the grant -funded work. The County intends to use up to $225,000.00 of the
CMAQ Grant funds as a sub -award to the City for work performed in accordance with the terms
and conditions of this Agreement and not for research and development purposes as defined by 2
CFR 200.87 Research and Development (R&D):
R&D means all research activities, both basic and applied, and all development
activities that are performed by non -Federal entities. The term research also
includes activities involving the training of individuals in research techniques
where such activities utilize the same facilities as other research and development
activities and where such activities are not included in the instruction function.
"Research" is defined as a systematic study directed toward fuller scientific
knowledge or understanding of the subject studied. "Development" is the
systematic use of knowledge and understanding gained from research directed
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toward the production of useful materials, devices, systems, or methods, including
design and development of prototypes and processes.
There will be no indirect costs charged to this award; and
Whereas, the City, whose Unique Entity Identifier (UEI) number is UEQNMC26C8T3, and the
County provide TDM programs to commuters, students and residents directly or through
employers, schools and/or property managers; and
Whereas, such TDM programs may include incentives, outreach, promotions, website
development and maintenance, materials and services that facilitate travel by public
transportation, shared rides, bicycling, walking and teleworking; and
Whereas, the City's TDM strategies, including activities conducted through South King County
Trips (SKC Trips), have been effective in reducing drive -alone trips in Tukwila and South King
County; and
Whereas, the City and County have continued to adapt and improve on these TDM strategies by
targeting new market segments and adding new travel options for Tukwila area residents and
workers;
NOW THEREFORE, in consideration of the terms, conditions and covenants contained herein,
the Parties agree as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish a mutually beneficial arrangement between the
City and the County that will help both Parties realize their respective TDM objectives. This
Agreement also creates a mechanism to allow the County to reimburse the City for actual, direct
costs incurred to perform the tasks identified in the Scope of Work ("SOW"), as set forth in
Exhibit A, which is attached hereto and incorporated herein by this reference. In consideration
of the City's performance of the tasks and responsibilities set forth in the SOW, the County will
reimburse the City with available CMAQ Grant funds up to the capped reimbursement amount
specified at Section 4 of this Agreement.
2. AGREEMENT TERM AND MODIFICATIONS
Upon signature by both Parties, this Agreement shall be effective as of January 1, 2023, and
unless earlier terminated, shall remain in effect through December 31, 2024. The period of
performance is from January 1, 2023 through December 31, 2024. If mutually agreed, the
Agreement and period of performance may be extended by written amendment for up to an
additional two (2) years. Exhibits and attachments may be modified at that time as may be
mutually agreed by the Parties. Any extension shall be made in writing in accordance with
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Section 14 of the Agreement. The County will extend this Agreement only on the condition that
all City accounts with the County are current.
3. CITY'S RESPONSIBILITIES
The City shall furnish the necessary personnel, equipment, material and/or services and
otherwise do all things necessary for or incidental to the performance of the work identified with
particularity in the SOW at Exhibit A to this Agreement. In addition to required tasks, applicable
timelines and budget are also identified in Exhibit A.
4. COUNTY'S RESPONSIBILITIES
The County will reimburse the City for actual, direct costs incurred to satisfactorily perform the
tasks and implement the TDM tasks as provided for in the SOW at Exhibit A to this Agreement.
In no event shall the total reimbursement made by the County to the City for work performed
pursuant to this Agreement exceed $225,000.00 (the "Reimbursement Cap").
5. INVOICE AND PAYMENT PROCEDURES
The City shall submit completed invoice(s) to the County detailing direct costs, quarterly
activities, outcomes and metrics within thirty (30) calendar days following each quarter's end.
The County shall pay the City within thirty (30) calendar days after the County has received
completed invoices. Indirect costs are not eligible for reimbursement under this Agreement.
In no event will the total County payments to the City exceed the Reimbursement Cap specified
at Section 4 of this Agreement without the Parties mutually agreeing to amend this Agreement in
accordance with Section 14 of the Agreement.
6. FEDERAL REQUIREMENTS
A. This Agreement is subject to a financial assistance agreement between the County and the
FTA. The City shall comply with all applicable federal laws, regulations, policies, procedures
and directives, including but not limited to the following, which are attached hereto or
incorporated herein by this reference:
1. 2 CFR Part 200.300 through 2 CFR Part 345, contained in Subpart D, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The text is available at: https://www.gpo.gov/fdsys/pkg/CFR-2015-title2-
vol 1 /xml/CFR-2015-title2-vol 1.xml#segnum200.3 00
2. 2 CFR Part 200.400 through 2 CFR Part 200.475, contained in Subpart E, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
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Awards. The text is available at: https://www.gpo.gov/fdsys/pkg/CFR-2015-title2-
vol l /xml/CFR-2015-title2-vol l .xml#segnum400.1
3. The requirements and obligations imposed on a "Recipient" under the applicable
provisions of the FTA Master Agreement. The Master Agreement text is available at:
https://www.transit. dot. gov/funding/grantee-resources/sample-fta-agreements/fta-master-
agreement-fiscal-year-2020
4. The requirements of FTA Circular 5010.1E Project Administration and Management.
Circular 5010.1E text is available at:
https://www.transit. dot. gov/regulations-and-guidance/fta-circulars/award-management-
requirements-circular-50101 e
5. If the City contracts with a third party to provide all or a portion of the services
described in this Agreement, then the City shall comply with FTA Circular 4220.1F.
Circular 4220.1F text is available at:
https ://www.transit. dot. gov/re gulations-and-guidance/fta-circulars/third-party-
contracting-guidance
6. Applicable FTA Third Party Contract Provisions — Standard Terms and Conditions. The
text is attached as Exhibit B which, together with Attachments A through E, is
incorporated herein by this reference.
B. New federal laws, regulations, policies, procedures and directives may be adopted after the
date this Agreement is established and may apply to this Agreement. The City agrees to accept
and comply with all applicable laws, regulations, policies, procedures and directives as may be
amended or promulgated from time to time during the term of this Agreement.
C. The City shall not perform any act, fail to perform any act, or refuse to comply with any
requests by the County which would cause the County to be in violation of any federal law or
FTA requirement. The City's failure to so comply with this Section shall constitute a material
breach of this Agreement.
D. The County and City acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of this Agreement, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
Agreement and shall not be subject to any obligations or liabilities to the County, City, or any
other party (whether or not a party to this Agreement or any Agreement awarded pursuant
thereto) pertaining to any matter resulting from this Agreement.
E. The City agrees to extend application of the federal requirements to its subrecipients or
contractors, and their respective subcontractors, by including this Section and the related exhibits
and attachments in each contract and subcontract the City awards under this Agreement financed
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in whole or in part with Federal assistance provided by FTA. It is further agreed that this Section
shall not be modified, except to change the names of the parties to reflect the subrecipient or
contractor which will be subject to its provisions.
F. The City acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. 3801, et seq., and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 CFR Part 31, apply to its actions pertaining to the work under this Agreement.
Upon execution of this Agreement, the City certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to be made, pertaining to this
Agreement or the FTA -assisted project for which this work is being performed. In addition to
other penalties that may be applicable, the City further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the City to the extent the Federal Government deems appropriate.
1. The City also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under
a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the
Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C.
5323(1)(1) on the City, to the extent the Federal Government deems appropriate.
2. The City agrees to include the language in Section F and Section F(1) above in each
contract and subcontract it awards under this Agreement financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the contractor or subcontractor who will be subject to the
provisions.
G. Certification Regarding Debarment, Suspension and Other Responsibility Matters
This Contract is a covered transaction for purposes of 2 CFR part 1200. As such, the City is
required to verify that none of the City, its principals, as defined at 49 CFR 29.995, or affiliates,
as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and
29.945. The City is required to comply with 2 CFR 1200, Subpart C and must include the
requirement to comply with 2 CFR 1200, Subpart C in any lower tier covered transaction it
enters into. By signing and submitting this Contract, the City certifies as follows:
The certification in this clause is a material representation of fact relied upon by
King County. If it is later determined that the City knowingly rendered an
erroneous certification, in addition to remedies available to King County, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The City agrees to comply with the requirements
of 2 CFR 1200, Subpart C while this offer is valid and throughout the period of
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any work or service that may arise from this Contract. The City further agrees to
include a provision requiring such compliance in its lower tier covered
transactions.
H. Because the County is sub -granting $25,000 or more of pass-through FTA funds, the County
must comply with the reporting requirements of The Federal Funding Accountability and
Transparency Act (FFATA or Transparency Act — P.L.109-282., as amended by section 6202(a)
of P.L. 110-252). The FFATA prescribes specific data to be reported and the County hereby
agrees to report sub -award data into the website www.USASpending.gov via www.fsrs.gov. The
City agrees to provide the County with the information required in this paragraph within thirty
(30) calendar days from the execution date of this Agreement:
a. Location of the City (physical address(es), including congressional district(s));
and
b. Place of performance (physical address(es), including congressional district(s));
and
c. Unique identifier of the City and its parent (DUNS Number, a unique nine -digit
number issued by Dun & Bradstreet (D&B) to a single business entity assigned to
each business location in the D&B database having a unique, separate, and
distinct operation for the purpose of identifying it); and
d. Total compensation and names of top five (5) executives IF BOTH of the
following apply:
i. More than eighty percent (80%) of the City's gross annual revenues are
from the federal government, and those revenues are greater than
$25,000,000 annually, and
ii. Compensation information is not already available through reporting to
the Securities and Exchange Commission.
I. The City agrees to provide the County with its Federal Central Contractor Registration
number within thirty (30) calendar days of the execution of this Agreement. If it has not already
registered, the City agrees to register with the Federal Central Contractor Registration at
https://sam.gov/content/home and provide the County with the registration number within thirty
(30) calendar days from the execution date of this Agreement. Exceptions may be made on a
case-by-case basis upon approval by the County.
J. The City agrees to provide the County with a copy of its Title VI implementation plan in
accordance with FTA Circular 4702.1B, Chapter III, Section 11. If the City does not have a Title
VI plan, the County and the City agree to work together to sufficiently document the City's
adoption of the County's Title VI plan, or in the alternative, the City's implementation of its own
Title VI plan.
K. In accordance with FTA Circular 4702.1B, Chapter II, Section 2, and by signing this
Agreement, the City certifies that it will comply with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d, U.S. Department of Justice "Guidelines for enforcement of Title
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VI, Civil Rights Act of 1964, 28 CFR §50.3, U.S DOT regulations, "Nondiscrimination in
Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of
the Civil Rights Act of 1964," 49 CFR part 21.
7. DISPUTE RESOLUTION PROCESS
7.1 Designated Dispute Resolution Representatives. The following individuals are the
Designated Representatives for the purpose of resolving any disputes that may arise
under this Agreement:
For the County
Carol Cooper
Mobility Innovations
Managing Director
King County Metro Transit
201 South Jackson Street, M/S KSC-
TR-0411
Seattle, WA 98104
(206) 477-5871
carol.cooper @kingcounty.gov
For the City
Vicki Carlsen
Finance Director
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433-1839
Vicky.Carlsen@tukwilawa.gov
7.2 The County representative and the City representative shall confer to resolve disputes that
arise under this Agreement as requested by either Party. The designated representatives
shall use their best efforts and exercise good faith to resolve such disputes.
7.3 In the event the Designated Representatives are unable to resolve the dispute, the
appropriate City Administrator or her/his designee and the General Manager of King
County Metro Transit or her/his designee shall confer and exercise good faith to resolve
the dispute.
7.4 In the event the City Administrator and the General Manager of King County Metro
Transit are unable to resolve the dispute, the Parties may, if mutually agreed in writing,
submit the matter to non-binding mediation. The Parties shall then seek to mutually
agree upon the mediation process, who shall serve as the mediator, and the time frame the
Parties are willing to discuss the disputed issue(s).
7.5 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation
process, who shall serve as mediator, or the mediation is not successful, then either Party
may institute a legal action in the King County Superior Court, situated in Seattle,
Washington, unless another venue is mutually agreed to in writing.
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7.6 The Parties agree that they shall have no right to seek relief in a court of law until and
unless each of the above procedural steps has been exhausted.
8. TERMINATION
8.1 Termination for Convenience. Either Party may terminate this Agreement upon thirty
(30) days' written notice to the other Party. In the event of termination of this
Agreement, the Parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
8.2 Termination for Cause. If either Party does not fulfill in a timely and proper manner its
obligations under this Agreement, or if either Party violates any of these terms and
conditions, the aggrieved Party will give the other Party written notice of such failure or
violation. The responsible Party will be given the opportunity to initiate a correction of
the violation or failure within fifteen (15) calendar days. If failure or violation is not
corrected within the mutually agreed upon time period, this Agreement may be
terminated immediately by written notice of the aggrieved Party to the other.
8.3 Termination for Non -Appropriation or Loss of Grant Funding. This Agreement is
contingent upon federal grant funding and local legislative appropriations. As such, in
addition to termination for default or convenience, the County may terminate this
Agreement for non -appropriation or loss of grant funding by giving not less than thirty
(30) calendar days' written notice thereof to the City.
9. LEGAL RELATIONS
9.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the
benefit of the Parties hereto and gives no right to any other person or entity.
9.2 No Partnership or Joint Venture. No joint venture, agent -principal relationship or
partnership is formed as a result of this Agreement.
9.3 Independent Capacity. The employees or agents of each Party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that Party and
shall not be considered for any purpose to be employees or agents of the other Party.
9.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle,
Washington, shall have exclusive jurisdiction and venue over any legal action arising
under this Agreement.
9.5 Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof shall be deemed to have been explicitly negotiated between, and
mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in
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all cases, be construed according to its fair meaning and not strictly for or against either
Party.
9.6 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either
Party without the prior written consent of the other Party.
9.7 Compliance with Applicable Laws. The Parties agree to comply with all applicable federal,
state, and local laws, rules, and regulations, including those pertaining to nondiscrimination, and
agree to require the same of any subcontractors providing services or performing any work using
funds provided under this Agreement.
10. FORCE MAJEURE
Either Party to this Agreement shall be excused from performance of its responsibilities and
obligations under this Agreement, and shall not be liable for damages due to failure to perform,
during the time and to the extent that it is prevented from performing by a cause directly or
indirectly beyond its control, including, but not limited to: late delivery or nonperformance by
vendors of materials or supplies; any incidence of fire, flood, snow, earthquake, or acts of nature;
strikes or labor actions; accidents, riots, insurrection, terrorism, or acts of war; order of any court
or civil authority; commandeering material, products, or facilities by the federal, state or local
government; or national fuel shortage; when satisfactory evidence of such cause is presented to
the other Party to this Agreement, and provided that such non-performance is beyond the control
and is not due to the fault or negligence of the Party not performing.
11. INDEMNIFICATION
Both Parties shall protect, defend, indemnify and save harmless each other, their officers,
employees, and agents while acting within the scope of their employment as such, from any and
all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting
from either Party's negligent acts or omissions in performing their obligations under this
Agreement. The Parties agree that they are fully responsible for the acts and omissions of their
own contractors, subcontractors, employees, and agents, acting within the scope of their
employment as such, as they are for the acts and omissions of its own employees and agents.
The Parties agree that their obligations under this provision extend to any claim, demand, and/or
cause of action brought by or on behalf of any of their employees or agents. The foregoing
indemnity is specifically and expressly intended to constitute a waiver of both Parties immunity
under Washington's Industrial Insurance Act, RCW Title 51, as respects the Parties only, and
only to the extent necessary to provide the Parties, their officers, employees, and agents with a
full and complete indemnity of claims made by the Parties employees. The Parties acknowledge
that these provisions were specifically negotiated and agreed upon by them. The provisions of
this Section 11 shall survive the expiration or earlier termination of this Agreement.
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12. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement unless stated to be such in a writing signed by an authorized representative
of the Party and attached to the original Agreement.
13. SEVERABILITY
If any provision of this Agreement or any provision of any exhibit or attachment incorporated
into the Agreement by reference shall be held invalid, such invalidity shall not affect the other
provisions of this Agreement which can be given effect without the invalid provision, if such
remainder conforms to the requirements of applicable law and the fundamental purpose of this
Agreement, and to this end the provisions of this Agreement are declared to be severable.
14. CHANGES AND MODIFICATIONS
This Agreement may be changed, modified, or amended only by written agreement executed by
authorized representatives of both Parties.
15. REPRESENTATION ON AUTHORITY OF SIGNATORIES
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
16. ALL TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the Parties hereto.
17. CONTRACT MANAGEMENT
The contact persons for the management of this Agreement (the "Contract Managers") are
identified and their contact information is provided herein and may be updated by either Party
for their agency only and shall be submitted in writing or electronic mail to the other Party. Any
update to the Contract Managers' information shall state the effective date of said update.
Contract Manager
King County
City of Tukwila
Contact Name
Kristine Edens
Alison Turner
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Title
Transportation Demand Management
Lead (TDM Lead)
King County Metro
Market Innovation Section
Sustainable Transportation
Program Manager
City of Tukwila
Address
201 S. Jackson St.
M/S KSC-TR-0411
Seattle, WA 98104
6300 Southcenter Blvd #100
Tukwila, WA 98188
Telephone
(206) 263-9701
206-433-7142
E -Mail
Kredens@kingcounty.gov
Alison.turner@tukwilawa.gov
The City shall conduct project administration and management to facilitate the effective and
efficient progress and completion of the activities identified in Exhibit A (SOW) for the 2023-
2024 period of performance. The City agrees to provide quarterly progress reports and invoices
within thirty (30) days from the end of the quarter and any additional grant reporting
requirements as requested by the County. The progress reports and invoices shall follow
templates provided by the County within 30 days of agreement execution. Additionally, the City
shall attend a quarterly TDM Regional Collaboration Meeting facilitated by the County with
regional TDM partners.
18. RECORDS RETENTION AND AUDIT
18.1 During the term of this Agreement and for a period of not less than six (6) years from the
expiration or earlier termination of the Agreement, or the date of final payment by the
County, whichever is later, the City shall keep available for inspection and audit by the
County and the federal government the records pertaining to the Agreement and
accounting therefore. Copies of all records, documents or other data pertaining to
performance of the Agreement will be furnished by the City upon request. If any
litigation, claim or audit is commenced related to performance of the Agreement, the
records along with supporting documentation shall be retained until all litigation, claims
and/or audit findings have been resolved even though such litigation, claim or audit
continues past the six-year retention period.
18.2 All Agreement costs must be documented including copies of invoices and time sheets
showing hours worked and rates, or financial system expense reports documenting these
items.
18.3 The County, the U.S. Depai tinent of Transportation, the FTA, the State Auditor, and the
Inspector General and any of their duly authorized representatives shall have full access
to and right to examine, during normal business hours, all City records with respect to all
matters covered by this Agreement. Such representatives shall be permitted to audit,
examine and make excerpts or transcripts from such records, and other matters covered
by this Agreement.
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18.4 Unless already published and available through the online, accessible audit reporting
database at the federal audit clearinghouse, the City shall submit to the County a copy of
the City's A-133 Single Audit report when requested by the County for subrecipient
monitoring purposes.
19. EXECUTION OF AGREEMENT
This Agreement may be executed in multiple counterparts, any one of which shall be regarded
for all purposes as an original.
IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized
representatives on the dates shown below their respective signatures.
KING COUNTY CITY OF TUKWILA
By: By:
Terry White Allan Ekberg
General Manager Mayor
King County Metro City of Tukwila
Date: Date:
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EXHIBIT A
SCOPE OF WORK
Transportation Demand Management Agreement with King County Metro
Period of Performance January 1, 2023 — December 31, 2024
Description
Funding will support the continued operation of the City of Tukwila transportation demand management
program from January 2023 through December 2024. The City will provide TDM services for travelers
with an origin or destination in the cities of Tukwila, Burien, Des Moines, Kent, Renton, and SeaTac
through an extension of their Regional Mobility Grant (RMG) program and the City's TDM program.
The program scope of work described below includes cost estimates for the summarized activities. The
program's efforts toward investing TDM resources where needs are greatest include programming and
services to residents, workers, and students, especially newcomers to South King County. The Program
will promote sustainable transportation alternatives to driving alone to improve access to mobility and
reduce traffic congestion. The Program will support transportation users by identifying solutions to
barriers and addressing the specific needs of community members. Strategies will include community
outreach, community-based social marketing, motivational interviewing, education, incentive
encouragement, distribution of safety gear, and installation of amenities such as bike racks. Programming
will help build trust in public transportation by demystifying the system.
Background
Continuing the successful partnership between the City of Tukwila and King County Metro, The City of
Tukwila's TDM Program will build partnerships and conduct community outreach at activity centers in
Tukwila and South King County including:
• Tukwila Village and Tukwila International Boulevard District;
• The Southcenter Mall area;
• Sea -Tac Airport;
• Educational institutions such as the Tukwila School District, Renton Technical College, Highline
College, and Green River College; and
• Multifamily housing developments.
The TDM Program will work in partnership with transit agencies, nonprofits, employers, and community
organizations to reach priority populations through trusted channels. Priority populations include
historically marginalized communities; Black, indigenous, and people of color; people with lower
incomes; immigrants and refugees; English language learners; youth; and seniors. There will be a focus
on partnering with agencies that support immigrants and refugees. Additionally, the Program will
prioritize outreach to individuals who are likely to try a new mode such as people who have recently
moved, are starting a new job, or are going to school.
As described below, the Program will:
• Promote sustainable transportation options including transit, active transportation, telework,
carpool, vanpool, and first/last mile or innovative mobility services
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• Provide rewards and incentives to remove barriers to and encourage use of sustainable
transportation options (note: the Program will use alternative sources of funding to purchase
incentives such as ORCA cards)
• Work to improve people's perceptions of these options
• Inform residents, workers and students of transit service news and engagement opportunities,
such as RapidRide I line outreach, upcoming Federal Way Link extension, first/last-mile and
flexible services, and work to increase ORCA card usage
• Explore options for siting amenities such as bike lockers, bike racks, bike repair stations,
wayfinding signage, etc.
• Educate employers on commute benefit strategies and programs
Work Plan with Cost Breakdown
Funds will be used in 2023 and 2024 under the City of Tukwila TDM program for the following
activities.
Deliverables
1. Develop marketing materials such as website, surveys, flyers, and newsletters.
2. Outreach to community groups, individuals, employers, property managers, and other targeted
groups of corridor users to promote use of sustainable transportation options.
3. Administration of rewards program.
4. Provide consultations and/or transportation trainings to interested organizations and employers.
5. Analysis of rewards program survey data to calculate VT and VMT reduced.
6. Submit progress reports, metrics, and invoices that include labor hours and receipts for
reimbursable expenses, at least quarterly.
City of Tukwila 2023-2024 TDM Program Budget
The City of Tukwila TDM Program budget for 2023 to 2024 is laid out below. Funding sources include
the state TDM Allocation (CTR Program), state Regional Mobility Grant (RMG), and a federal
Congestion Mitigation and Air Quality Improvement Program Grant (CMAQ). In addition, the City
provides work space, phone, and other resources for TDM staff.
Program Areas
2023-2024
Budget
CTR
RMG
CMAQ
KCM
CTR Program
$74,204
100.0%
0.0%
0.0%
0.0%
Program administration
$261,000
0.0%
15.3%
59.8%
24.9%
Outreach and education
$231,000
0.0%
24.2%
64.9%
10.8%
Communications and
marketing
$175,000
0.0%
28.6%
28.6%
42.9%
Partnerships and
professional services
$129,000
0.0%
42.6%
49.6%
7.8%
Incentives
$75,000
0.0%
100.0%
0.0%
0.0%
Small grant program
$140,000
0.0%
42.9%
21.4%
35.7%
Total Program Budget
$1,085,204
$74,204
$336,000
$450,000
$225,000
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EXHIBIT B
FEDERAL TRANSIT ADMINISTRATION (FTA) THIRD PARTY CONTRACT
REQUIREMENTS
This Contract will be partially funded by the Federal Transit Administration (FTA). The following
provisions include, in part, certain standard terms and conditions required by the U.S. Department of
Transportation. All contractual provisions required by the U.S. Department of Transportation, as set forth
in FTA Circular 4220.1F, as revised, dated March 18, 2013, as are the requirements of the Master
Agreement between King County ("the County") and the U.S. Department of Transportation, including
all "flow down" provisions to third party Contractors and Subcontractors are hereby incorporated by
reference. Unless stated otherwise, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Contract. The Contractor agrees not to perform any act,
fail to perform any act, or refuse to comply with any County requests that would cause the County to be
in violation of the FTA terms and conditions.
1-1 Disadvantaged Business Enterprise (DBE) Participation
A. Nondiscrimination 49 CFR part 26. The Contractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this Contract. The Contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and administration
of United States Department of Transportation assisted contracts. Failure by the
Contractor to carry out these requirements is a material breach of this Contract, which
may result in the termination of this Contract or such other remedy, as the County deems
appropriate. Each subcontract the contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)).
B. DBE Program. The DBE requirements of 49 CFR Part 26 apply to this Contract. King
County has determined that no DBE goal will be established for this Contract. However,
the County requires that the Contractor report any actual DBE participation on this
Contract to enable the County to accurately monitor DBE program compliance.
C. Efforts to Increase DBE Participation. Even though this Contract has no DBE goal, the
County still encourages Contractors to pursue opportunities for DBE participation. To that
end, Contractors are encouraged to:
1. Advertise opportunities for subcontractors and suppliers ("subcontractors") in a
manner reasonably designed to provide DBEs capable of performing the work with
timely notice of such opportunities. All advertisements should include a provision
encouraging participation by DBE firms and may be done through general
advertisements (e.g., newspapers, journals, etc.) or by soliciting proposals directly
from DBEs.
2. Effectively use the services of available minority/women community organizations,
Contractors' groups, local, state, and Federal minority/women business assistance
offices; Disadvantaged Business Enterprise and other organizations as allowed on a
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case-by-case basis to provide assistance in the recruitment and placement of DBEs
and other small businesses.
5. Establish delivery schedules, where requirements of the contract allow and encourage
participation by DBEs and other small businesses.
6. Achieve DBE attainment through joint ventures.
7. Solicit through all reasonable and available means (e.g., attendance at pre-bid
meetings, advertising and/or written notices) DBE and other small businesses that
have the capability to perform the Work of the Contract.
8. Select portions of the Work to be performed by Subcontractors to increase the
likelihood that DBE and other small businesses' goals will be achieved.
9. Provide interested Subcontractors with adequate information about the plans,
specifications, and requirements of the contract in a timely manner to assist them in
responding to a solicitation.
10. Negotiate in good faith with interested DBEs and other small businesses.
11. Avoid rejecting DBEs and other small businesses as being unqualified without sound
reasons based on a thorough investigation of their capabilities. The Contractor's
standing within its industry, membership in specific groups, organizations, or
associations and political or social affiliations (for example union vs. non-union
employee status) are not legitimate causes for the rejection or non -solicitation of bids
in the Contractor's efforts to obtain DBE and other small business participation.
12. Make efforts to assist interested DBEs and other small businesses in obtaining
bonding, lines of credit, or insurance as required by the recipient or Contractor.
13. Make efforts to assist interested DBEs and other small businesses in obtaining
necessary equipment, supplies, materials, or related assistance or services.
D. DBE Listing. A current list of DBE firms accepted as certified by the Washington State Office of
Minority and Women's Business Enterprises (OMWBE) is available from that office at (360)
753-9693. For purposes of this Contract, a DBE firm must be certified by OMWBE as of the date
of contract award.
E. Procedure Applicable when DBEs Are Utilized. Concurrent with the use of any DBE
subcontractor or supplier the Contractor shall provide notice of such use in writing to the King
County Office of Business Development and Contract Compliance (BDCC). Upon receipt of said
notice, BDCC shall provide the Contractor with the applicable procedures for counting DBE
participation. Assistance with this Section is available from BDCC at (206) 263-9717. Notice
referenced herein should be delivered to the following address:
King County Department of Finance
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Office of Business Relations and Economic Development
401 Fifth Avenue, Suite 350
MS CNK -ES -0350
Seattle, WA 98104
Phone: (206) 263-9717
Fax: (206) 205-0840
F. The Contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than thirty (30) days after the
contractor's receipt of payment for that work from the County. In addition, the contractor
may not hold retainage from its subcontractors, but may require the purchase of a
retainage bond by the subcontractor.
G. The Contractor must promptly notify the County whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work and
must make good faith efforts to engage another DBE subcontractor to perform at least the
same amount of work. The Contractor may not terminate any DBE subcontractor and
perform that work through its own forces or those of an affiliate without prior written
consent of the County.
1-2 Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master
Agreement between the County and FTA, as they may be amended or promulgated from time to
time during the term of this contract. Contractor's failure to so comply shall constitute a material
breach of this contract.
1-3 No Federal Government Obligations to Third Parties
The Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of this Contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this Contract and
shall not be subject to any obligations or liabilities to the Contractor or any other party (whether or
not a party to this Contract) pertaining to any matter resulting from this Contract.
The Contractor agrees to include the above clause in each subcontract fmanced in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified,
except to identify the subcontractor who will be subject to its provisions.
1-4 Civil Rights
The following requirements shall apply to this Contract and all third -party contracts:
(A) Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, U.S. Department of Justice "Guidelines for enforcement of Title VI, Civil Rights
Act of 1964, 28 CFR §50.3, U.S DOT regulations, "Nondiscrimination in Federally -Assisted
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Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act
of 1964," 49 CFR part 21, Section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132,
section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 and Federal transit law at 49
U.S.C. § 5332, the Contractor agrees that it will not discriminate against any person on the basis
of race, color, religion, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(B) Equal Employment Opportunity. The following equal employment opportunity requirements
apply to the underlying contract:
(1) Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, section 503 of the Rehabilitation Act of
1973, as amended 29 U.S.C. §793 and Federal transit laws at 49 U.S.C. § 5332, the
Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of
the Project. The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, religion, national origin, sex, age, or disability. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(2) Sex. In accordance with Title IX of the Education Amendments of 1972, as amended,
20 U.S.C. Sections 1681 et seq. and implementing Federal regulations,
"Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving
Federal Financial Assistance," 49 CFR Part 25, and FTA Circular 4220.1F Chapter IV,
Section 2(a)(5)(b), the Contractor agrees to refrain from discrimination against present
and prospective employees on the basis of their sex. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(3) Age. In accordance with The "Age Discrimination Act of 1974, as amended, 42
U.S.C. Sections 6101 et seq., and Department of Health and Human Services
implementing regulations, "Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance, 45 CFR Part 90, and section 4 of the
Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and
Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from
discrimination against present and prospective employees for reason of age. In addition,
the Contractor agrees to comply with any implementing requirements FTA may issue.
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(4) Disabilities. In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12101 et seq., the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.'
(C) Information and Reports. The Contractor shall provide all information and reports required
by the regulations or directives issued pursuant thereto and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
County or the FTA to be pertinent to ascertain compliance with such regulations, orders and
instructions. The Contractor shall maintain all required records for at least three (3) years after
the County makes final payment and all other pending matters are closed. Where any information
is required and it is in the exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the County or the FTA, as appropriate, and shall set
forth efforts made to obtain the information.
(D) Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this Contract, the County shall impose such contract sanctions as
it or the FTA may determine to be appropriate, including, but not limited to:
1. Withholding of payments to the Contractor under the Contract until the Contractor
complies, and/or,
2. Cancellation, termination or suspension of the Contract, in whole or in part.
(E) Incorporation of Provisions. The Contractor shall include the provisions of paragraphs A
through E of this section in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the regulations or directives issued pursuant thereto. The Contractor
shall take such action with respect to any subcontract or procurement as the County or the FTA may
direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,
however, that, in the event the Contractor becomes involved in or is threatened with litigation with a
subcontractor or supplier as a result of such direction, the Contractor may request the County to
enter into such litigation to protect the interests of the County, and in addition, the Contractor may
request the United States to enter into such litigation to protect the interests of the United States.
1-5 Labor Provisions — Non -Construction Contracts (For Contracts in excess of $100,000)
The Contractor agrees to comply, and assures the compliance by each subcontractor or
subconsultant at any tier with any applicable employee protection requirements for non -
construction employees of Section 102 of the Contract Work Hours and Safety Standards Act, as
amended, 40 U.S.C. Sections 3701-3702 et seq., and U.S. DOL regulations, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction
(also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the
Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. These include but are not
limited to the following:
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A. Overtime Requirements
No contractor or subcontractor contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any work week in which he or she is employed on such work to work in excess of forty
(40) hours in such work week unless such laborer or mechanic receives compensation at a rate not
less than one and one-half (1.5) times the basic rate of pay for all hours worked in excess of forty
(40) hours in such work week. (29 CFR § 5.5(b)(1))
B. Violation: Liability for Unpaid Wages: Liquidated Damages
In the event of any violation of the clause set forth in paragraph A of this section, the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
Contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such district or to such territory) for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of paragraph A of this section in
the sum of ten ($10) dollars for each calendar day on which such individual was required or
permitted to work in excess of the standard work week of forty (40) hours without payment of the
overtime wages required by paragraph A of this section. (29 CFR § 5.5(b)(2))
C. Withholding for Unpaid Wages and Liquidated Damages
The Department of Transportation or the County shall upon its own action or upon written request
of an authorized representative of the Department of Labor withhold or cause to be withheld, from
any monies payable on account of work performed by the Contractor or subcontractor under any
such contract or any other federal contract with the same prime Contractor, or any other federally -
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages and liquidated damages as provided in paragraph
B of this section. (29 CFR § 5.5(b)(3))
D. Payrolls and Basic Records
The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course
of the work and shall preserve them for a period of three (3) years from the completion of the
contract for all laborers and mechanics, including guards and watchmen, working on the contract.
Such records shall contain the name and address of each such employee, social security number,
correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made and actual wages paid. Further, the records to be maintained under this paragraph
shall be made available by the Contractor or subcontractor for inspection, copying or transcription
by authorized representatives of the Department of Transportation and the Department of Labor,
and the Contractor or subcontractor will permit such representatives to interview employees during
working hours on the job. (29 CFR § 5.5(c))
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E. Subcontracts
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs
A through E of this section and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through E of this
section. (29 CFR § 5.5(b)(4)). The Contractor is required to pay its subcontractors performing
work related to this contract for satisfactory performance of that work no later than thirty (30) days
after the contractor's receipt of payment for that work from the County. In addition, the contractor
may not hold retainage from its subcontractors, but may require the purchase of a retainage bond by
the subcontractor.
1-6 Fly America Requirements
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance
with the General Services Administration's regulations at 41 CFR Part 301-10, which provide
that recipients and subrecipients of Federal funds and their contractors are required to use U.S.
flag air carriers for U.S Government -financed international air travel and transportation of their
personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit,
if a foreign air carrier was used, an appropriate certification or memorandum adequately
explaining why service by a U.S. flag air carrier was not available or why it was necessary to use
a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
1-7 Audit and Inspection of Records
Access to Records. The following access to records requirements apply to this Contract:
A. Where the FTA Recipient or a subgrantee of a FTA Recipient ("Purchaser") is the County, the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of
the United States or any of their authorized representatives access to any books, documents,
papers and records of the Contractor which are directly pertinent to this contract for the purposes
of making audits, examinations, excerpts and transcriptions in accordance with 2 C.F.R. 200.336.
Contractor also agrees to provide the County and the FTA Administrator or his or her authorized
representatives including any PMO Contractor, pursuant to 49 C.F.R. 633.17, access to
Contractor's records and construction sites pertaining to a major capital project, defined at 49
U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
B. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient, the Contractor agrees to provide the Purchaser, the FTA Administrator or his or her
authorized representatives, including any PMO Contractor, access to the Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is
receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or
5311. By definition, a major capital project excludes contracts of less than the simplified
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acquisition threshold currently set at $100,000 (49 CFR Part 633.5).
C. Where the Purchaser enters into a negotiated contract for other than a small purchase or under
the simplified acquisition threshold and is an institution of higher education, a hospital or other
non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 2 C.F.R. 200.336, the Contractor agrees to provide the Purchaser, FTA
Administrator, the Comptroller General of the United States or any of their duly authorized
representatives with access to any books, documents, papers and record of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts
and transcriptions.
D. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall
make available records related to the contract to the Purchaser, the Secretary of Transportation
and the Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
E. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
F. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three (3) years after the date of termination or expiration of
this contract, except in the event of litigation or settlement of claims arising from the performance
of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto.
G. FTA does not require the inclusion of these requirements in subcontracts.
1-8 FTA Protest Procedures
Bidders are hereby notified that if this Contract is funded in whole or in part by the Federal
Department of Transportation, the FTA may entertain a protest that alleges that the County failed to
have or follow written protest procedures. Bidders must file a protest with the FTA not later than
five (5) working days after the County renders a final decision or five (5) working days after the
Bidder knows or has reason to know that the County has failed to render a final decision. The
protesting party must notify the County if it has filed a protest with the FTA. After five (5) days,
the County will confirm with FTA that FTA has not received a protest. Protests to the FTA must be
filed in accordance with FTA Circular 4220.1F (as periodically updated).
The County will not award a contract for five (5) working days following its decision on a Bid
protest or while a protest to the FTA is pending unless the County determines that: (1) the items to
be procured are urgently required; (2) delivery of performance will be unduly delayed by failure to
make the award promptly; or (3) failure to make prompt award will otherwise cause undue harm to
the County or the Federal Government.
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1-9 Privacy
Should the Contractor, or any of its subcontractors, or their employees administer any system of
records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes
information restrictions on the party administering the system of records.
For purposes of the Privacy Act, when the Agreement involves the operation of a system of records
on individuals to accomplish a government function, the recipient and any contractors, third party
contractors, subcontractors and their employees involved therein are considered to be government
employees with respect to the government function. The requirements of the Act, including the
civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to
comply with the terms of the Act or this provision of this contract will make this contract subject to
termination.
The Contractor agrees to include this clause in all subcontracts awarded under this Contract,
which involve the design, development, operation, or maintenance of any system of records on
individuals subject to the Act.
1-10 Certification Regarding Debarment, Suspension and Other Responsibility Matters
Pursuant to Executive Order 12549 and 12689, "Debarment and Suspension," 31 USC § 6101 note
and federal regulations in 2 CFR Part 180.300 and 2 CFR Part 1200, entities and individuals who
are debarred or suspended by the federal government are excluded from obtaining federal assistance
funds under this contract. To assure that such entities and individuals are not involved as
participants on this FTA-fmanced contract, if the contract exceeds $25,000, each Bidder shall
complete and submit, as part of its Bid, the certification contained in Attachment A for itself, its
principals and its subcontractor(s) for any subcontract in excess of $25,000. The inability of a
Bidder to provide a certification in Attachment A will not necessarily result in denial of
consideration for contract award. A Bidder that is unable to provide a certification must submit a
complete explanation attached to the certification form. Failure to submit a certification or
explanation shall disqualify the Bidder from participation under this Bid. The County, in
conjunction with FTA, will consider the certification or explanation in determining contract award.
No contract will be awarded to a potential third -party contractor submitting a conditioned
debarment or suspension certification, unless approved by the FTA.
The certification is a material representation of fact upon which reliance is placed in determination
of award of contract. If at any time the Bidder or Contractor learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances, it shall
immediately provide written notice to the County. If it is later determined that the Bidder
knowingly rendered an erroneous certification or failed to notify the County immediately of
circumstances that made the original certification no longer valid, the County may disqualify the
Bidder. If it is later determined that the Contractor knowingly rendered an erroneous certification or
failed to notify the County immediately of circumstances which made the original certification no
longer valid, the County may terminate the contract, in addition to other remedies available
including FTA suspension and/or debarment.
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1-11 Subcontractors' Certification Regarding Debarment, Suspension or Ineligibility
By submitting a Bid for this Contract, the Bidder agrees that should it be awarded the Contract, it
shall not knowingly enter into any subcontract exceeding $25,000 with an entity or person who is
debarred, suspended, or who has been declared ineligible from obtaining federal assistance funds;
and shall require each subcontractor to complete the certification provided in Attachment B.
Each subcontract, regardless of tier, shall contain a provision that the subcontractor shall not
knowingly enter into any lower tier subcontract with a person or entity who is debarred, suspended
or declared ineligible from obtaining federal assistance funds, and a provision requiring each lower -
tiered subcontractor to provide the certification set forth in Attachment B.
The Contractor shall require each subcontractor, regardless of tier, to immediately provide written
notice to the Contractor if at any time the subcontractor learns that its, or a lower -tier certification
was erroneous when submitted or has become erroneous by reason of changed circumstances. The
Contractor may rely upon the certifications of the subcontractors unless it knows that a certification
is erroneous. The Contractor's knowledge and information regarding any subcontractor is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of
business.
1-12 Disclosure of Lobbying Activities
Bids in excess of $100,000 require Attachment C, "Certification Regarding Lobbying," and
Attachment D, "Disclosure of Lobbying Activities" (if appropriate), be completed and submitted to
the County with the proposal, in accordance with the instructions contained in Attachment F to this
Agreement, as required by 49 CFR Part 20, "New Restrictions on Lobbying."
The Contractor certifies that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by
the Byrd Anti -Lobbying Amendment, 31 USC § 1352. The Contractor shall disclose the name of
any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who
has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal
contract, grant or award covered by 31 USC § 1352. Such disclosures are to be forwarded to the
County.
The Contractor will include the language of this certification in all subcontract awards at any tier
and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose
accordingly.
1-13 False or Fraudulent Statements or Claims
(A) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this contract. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
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statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying
contract or the FTA assisted project for which this contract work is being performed. In addition
to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification,
the Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(B) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the
right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor,
to the extent the Federal Government deems appropriate.
(C) The Contractor agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not
be modified, except to identify the subcontractor who will be subject to the provisions.
1-14 Energy Conservation
The Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency that are contained in the State Energy Conservation plan issued in compliance with the
Energy Policy and Conservation Act, 42 USC §§ 6321 et seq.
The Contractor agrees to include this clause in all subcontracts awarded under this Contract.
1-15 Environmental Requirements
The Contractor agrees to comply with all applicable standards, orders or requirements as follows:
A. Environmental Protection
The Contractor agrees to comply with the applicable requirements of the National
Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with
Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental
Quality," 42 USC § 4321 note; FTA statutory requirements on environmental matters at 49
USC § 5324(b); Council on Environmental Quality regulations on compliance with the
National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq. and 40
CFR Part 1500 et seq.; and joint FHWA/FTA regulations, "Environmental Impact and
Related Procedures," 23 CFR Part 771 and 49 CFR Part 622.
B. Air Quality
The Contractor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act, as amended, 42 USC §§ 7401, et seq. The Contractor agrees
to report each violation to the County and understands and agrees that the County will, in
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turn, report each violation as required to assure notification to FTA and the appropriate U.S.
Environmental Protection Agency (EPA) Regional Office.
The Contractor agrees to include this clause in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
C. Clean Water
The Contractor agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC §§ 1251
et seq. The Contractor agrees to report each violation to the County and understands and
agrees that the County will, in turn, report each violation as required to assure notification
to FTA and the appropriate Environmental Protection Agency (EPA) Regional Office.
The Contractor agrees to protect underground sources of drinking water consistent with
the provisions of the Safe Drinking Water Act of 1974, as amended, 42 USC §§ 300h et
seq. The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FTA.
D. Use of Public Lands
The Contractor agrees that no publicly owned land from a park, recreation area, or
wildlife or waterfowl refuge of national, state, or local significance as determined by the
federal, state or local officials having jurisdiction thereof, or any land from a historic site
of national, state, or local significance may be used for work performed under this
contract unless the FTA makes the specific findings required by 49 USC § 303.
E. Historic Preservation
The Contractor agrees to assist the Federal Government in complying with section 106 of
the National Historic Preservation Act, as amended, 16 USC § 470f, Executive Order No.
11593, "Protection and Enhancement of the Cultural Environment," 16 USC § 470 note,
and the Archaeological and Historic Preservation Act of 1974, as amended, 16 USC §§
469a-1 et seq. involving historic and archaeological preservation as follows:
1. The Contractor agrees to consult with the State Historic Preservation Officer
about investigations to identify properties and resources listed in or eligible for
inclusion in the National Register of Historic Places that may be affected by the
Project, in accordance with Advisory Council on Historic Preservation
regulations, "Protection of Historic and Cultural Properties," 36 CFR Part 800,
and notifying FTA of those properties so affected.
2. The Contractor agrees to comply with all federal requirements to avoid or
mitigate adverse effects on those historic properties.
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F. Mitigation of Adverse Environmental Effects
The Contractor agrees that if the Project should cause adverse environmental effects, the
Contractor will take all reasonable steps to minimize those effects in accordance with 49
USC § 5324(b), and all other applicable federal laws and regulations, specifically, the
procedures of 23 CFR Part 771 and 49 CFR Part 622.
1-16 Termination Provisions Required
All contracts and subcontracts in excess of $10,000 shall contain contractual provisions or
conditions that allow for termination for cause and convenience by the County including the manner
by which it will be effected and the basis for settlement.
(Required by FTA Circular 4220.1F, Page IV -13).
1-17 Breach Provisions Required
All contracts in excess of $100,000 shall contain contractual provisions or conditions that will
allow for administrative, contractual, or legal remedies in instances where the Contractor violates
or breaches the terms of this Contract, including sanctions and penalties as may be appropriate.
The Contractor agrees to include this provisional requirement in all subcontracts in excess of
$100,000 awarded under this Contract.
(Required by FTA Circular 4220.1F, Page IV -13).
1-18 Incorporation of FTA Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by the
U.S. Department of Transportation, whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by the U.S. Department of Transportation, as set
forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to
control in the event of a conflict with other provisions contained in this Contract. The Contractor
agrees not to perform any act, fail to perform any act, or refuse to comply with any County
requests that would cause the County to be in violation of the FTA terms and conditions.
1-19 Sensitive Security Information
The Contractor shall protect, and take measures to ensure that its subcontractors at each tier,
protect "sensitive security information" made available during the administration of a third party
contract or subcontract to ensure compliance with 49 U.S.C. 40119 (b) and implementing DOT
regulations, "Protection of Sensitive Security Information," 49 CFR Part 15, and with 49 U.S.C. §
114 (r) and implementing Department of Homeland Security Regulations, "Protection of
Sensitive Security Information," 49 CFR Part 1520.
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1-20 Seatbelt Use
Contractor shall adopt and promote on-the-job seatbelt use policies and programs for its
employees and other personnel that operate company owned, rented, or personally operated
vehicles in compliance with Federal Executive Order No. 13043, "Increasing Seatbelt Use in the
United States," April 16, 1997, 23 U.S.C. § 402 note. This provision shall be included in each
third party subcontract involving the work performed under this contract.
1-21 Texting While Driving and Distracted Driving
Contractor shall promote policies and initiatives for its employees and other personnel that adopt
and promote safety policies to decrease crashes by distracted drivers, including policies to ban
text messaging while driving consistent with Executive Order No. 13513, "Federal Leadership on
Reducing Text Messaging While Driving," October 1, 2009, 23 U.S.C. § 402 note, and DOT
Order 3902.10, "Text Messaging While Driving," December 30, 2009. This provision shall be
included in each third party subcontract involving this project.
1-22 Use of $1 Coins
The Contractor and the County agree to comply with Section 104 of the Presidential $1 Coin Act
of 2005, 31 U.S.C. Section 5312(p), FTA assisted property that requires the use of coins or
currency in public transportation service or supporting service must be fully capable of accepting
and dispensing $1 coins.
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ATTACHMENT A
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTIONS
Federal Transit Administration (FTA)
The prospective Primary Participant (potential contractor for a major third -party contract),
certifies to the best of its knowledge and belief, that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency;
2. Have not within a three (3) year period preceding this Bid 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 or records, making false statements or receiving
stolen property;
3. 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 2 of this
certification; and
4. Have not within a three (3) year period preceding this Bid had one or more public transactions
(federal, state or local) terminated for cause or default.
[If the primary participant (applicant for an FTA grant, or cooperative agreement or potential third -party
contractor) is unable to certify to any of the statements in this certification, the participant shall attach an
explanation to this certification.]
THE PRIMARY PARTICIPANT (POTENTIAL CONTRACTOR FOR A MAJOR THIRD -PARTY
CONTRACT) CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE
CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND
UNDERSTANDS THAT THE PROVISIONS OF 31 USC SECTIONS 3801, ET SEQ., ARE
APPLICABLE THERETO.
Name of Firm:
Authorized Signature:
Printed Name:
Title:
Date:
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ATTACHMENT B
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER -TIER COVERED
TRANSACTIONS
(This Attachment may be completed and submitted to the Buyer after award of Contract.)
The Lower -Tier Participant (potential sub -grantee or sub -recipient under a Federal Transit
Administration (FTA) project, potential third -party contractor, or potential subcontractor under a
major third -party contract), certifies, by submission of this Bid,
that neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
The Lower -Tier Participant will 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.
The prospective Lower -Tier Participant agrees by submitting this proposal that it will include this
requirement in all lower -tier covered transactions and in all solicitations for lower -tier covered
transactions.
If the Lower -Tier Participant (potential sub -grantee or sub -recipient under an FTA project,
potential third -party contractor, or potential subcontractor under a major third party contract) is
unable to certify to any of the statements in this certification, such participant shall attach an
explanation to this Bid.
THE LOWER -TIER PARTICIPANT (POTENTIAL SUB -GRANTEE OR SUB -AGREEMENT
UNDER AN FTA PROJECT, POTENTIAL THIRD -PARTY CONTRACTOR, OR POTENTIAL
SUBCONTRACTOR UNDER A MAJOR THIRD -PARTY CONTRACT) CERTIFIES OR
AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE
STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTAND
THAT THE PROVISIONS OF 31 USC §§ 3801, ET SEQ., ARE APPLICABLE THERETO.
Name of Firm:
Authorized Signature:
Printed Name:
Title:
Date:
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ATTACHMENT C
CERTIFICATE OF LOBBYING ACTIVITIES
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federally 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, or 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 federally 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 or 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," to the contract administrator.
(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 sub -contracts, sub -grants and
contracts under grants, loans and cooperative agreements) and that all recipients of
subcontract awards in excess of $100,000 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 § 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.
Name of Firm:
Authorized Signature:
Printed Name:
Title:
Date:
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ATTACHMENT D
DISCLOSURE FORM TO REPORT LOBBYING
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S. C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action:
❑ a. contract
❑ b. grant
❑ c. cooperative agreement
❑ d. loan
❑ e. loan guarantee
❑ f. loan insurance
2. Status of Federal Action:
0 a. bid/offer/application
0 b. initial award
0 c. post -award
3. Report Type:
0 a. initial filing
0 b. material change
For material change only:
year
quarter
Date of last report:
4. Name and Address of Reporting Entity:
❑ Prime 0 Subawardee
Tier , if known:
5. If Reporting Entity in No. 4 is Subawardee, Enter
Name and Address of Prime:
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Entity
(If individual, last name, first name, MI):
b. Individuals Performing Services (including address
if different from No. 10a)
(Last name, First name, MI):
11. Amount of Payment (check all that apply):
13. Type of Payment (check all that apply):
0 a. retainer
0 b. one-time fee
0 c. commission
0 d. contingent fee
❑ e. deferred
❑ f. other; specify:
12. Form of Payment (check all that apply):
❑ a. cash
❑ b. in kind; specify: nature
value
14. Brief Description of Services Performed or to be Performed and date(s) of service, including officer(s), employee(s), or
member(s) contacted, for payment indicated in Item 11: (Attach Continuation Sheet(s) SF -LLL -A, if necessary)
15. Continuation Sheet(s) SF -LLL -A attached): 0 Yes 0 No
16. Information requested through this form is authorized by title
31 USC § 1352. This disclosure of lobbying activities is a material
representation of fact upon which reliance was placed by the tier
above when this transaction was made or entered into. This
disclosure is required pursuant to 31 USC § 1352. This
information will be reported to the Congress semi-annually and
will be available for public inspection. Any person who fails to file
the required disclosure shall be subject to a civil penalty of not
Signature:
Print
Name:
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less than $10,000 and not more than $100,000 for each such
failure.
Title:
Telephone No:
Date:
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ATTACHMENT E
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime
federal recipient, at the initiation or receipt of a covered federal action, or a material change to a
previous filing to title 31 USC § 1352. The filing of a form is required for each payment to any
lobbying entity 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 a covered federal action. Use the SF -LLL -A Continuation Sheet for
additional information if the space on the form is inadequate. Complete all items that apply for
both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is and/or has been
secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by
a material change to the information previously reported, enter the year and quarter in
which the change occurred. Enter the date of the last previously submitted report by this
reporting entity for this covered federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include
Congressional District, if known. Check the appropriate classification of the reporting
entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the
tier of the subawardee, e.g., the first subaward of the prime is the 1st tier. Subawards
include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full
name, address, city, state and zip code of the prime federal recipient. Include
Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at
lease one organizational level below agency name, if known. For example, Department of
Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If
known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants,
cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action
identified in item 1 - (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB)
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number, grant announcement number, the contract, grant, or loan award number, the
application/proposal control number assigned by the federal agency). Include prefixes,
e.g., "RFP -DE -90-001."
9. For a covered federal action where there has been an award or loan commitment by the
federal agency, enter the federal amount of the award/loan commitment for the prime entity
identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged
by the reporting entity identified in item 4 to influence the covered federal action.
(b) Enter the full name, of the individual(s) performing services, and include full
address if different from 10(a). Enter Last Name, First Name, and Middle Initial
(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting
entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been
made (actual) or will be made (planned). Check all boxes that apply. If this is a material
change report, enter the cumulative amount of payment made or planned to be made.
12. Check the amount of box(es). Check all boxes that apply. If payment is made through in-
kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed,
or will be expected to perform, and the date(s) of any services rendered. Include all
preparatory and related activity, not just time spent in actual contact with federal officials.
Identify the federal official(s) or employee(s) contacted or the officer(s), employee(s), or
Member(s) of Congress that were contacted.
15. Check whether or not an SF -LLL -A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and telephone
number.
Public reporting burden for this collection of information is estimated to average 30 minutes per
response, including time for reviewing instruction, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information, including
suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction
Project (0348-0046), Washington, D.C. 20503.
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