HomeMy WebLinkAbout23-131 - Puget Sound Regional Council - Subaward Agreement: Comprehensive Local Road Safety PlanSound
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23-131
Council Approval 3/20/23
Subaward Agreement Between
Puget Sound Regional Council
and
City of Tukwila
for
City of Tukwila Comprehensive Road Safety Plan
Date Entered into Agreement: July 3, 2023
Subaward Agreement #: 2023-09
Pass-through Entity (PTE): Puget Sound
Regional Council
Subrecipient: City of Tukwila
Subaward Period of Performance:
Start: 07/03/23 End: 12/31/25
Amount Funded:
$200,000
Subaward Agreement #:
2023-09
Federal Awarding Agency: US Department of
Transportation
FAIN: 693JJ32340054
Federal Award Issue Date: 05/19/2023
Total Amount of Matching Funds: $50,000.00
ALN No. and Name: 20.939, Safe Streets and Roads for All
Project Title: City of Tukwila Comprehensive Road
Safety Plan
Unique Identifier #UEQNMC26C8T3
R & D Award ❑ Yes ►1 No
This SUBAWARD (hereinafter the "Award"), is made and entered into this third day of July, 2023 by and
between the Pass-through Entity, Puget Sound Regional Council, (hereinafter "PSRC") and Subrecipient,
City of Tukwila (hereinafter "TUKWILA"), and supports the work described in the approved final scope of
work, which is incorporated by reference into this Award and attached in Exhibit A. All work on this
project should be consistent with the Authorized Scope of Work unless modified by the appropriate
authority as described in 4.2 below.
PSRC is a Metropolitan Planning Organization under federal law (23 USC 134) and a Regional Planning
Transportation Planning Organization under state law (RCW 47.80) and has all powers necessary for the
performance of the work and obligations of this Agreement, and has the authority to contract with member
and non-member agencies for special services; and
TUKWILA is a US Local Government under state; and has all powers necessary for the performance of
the work and obligations of this Agreement;
The U.S. Department of Transportation (hereinafter the "USDOT"), has expressly consented to this
Award; and
NOW, THEREFORE, in consideration of the covenants, assurances and mutual promises herein the
Parties agree as follows:
2.0. DESIGNATED REPRESENTATIVES
To ensure effective intergovernmental cooperation and efficiencies, the Parties each designate a
representative (the "Designated Representative") who shall be responsible for coordination of
communications between the Parties and shall act as a central point of contact for each Party. The
Designated Representatives shall each be responsible for the administration and performance of the
Scope of Work of this Award, as well as ensuring that schedule, budget, and funding limitations of this
Agreement are satisfied. Each Designated Representative is also responsible for coordinating the input
and work of its respective governmental agency or department staff, consultants and contractors as it
relates to the scope of this Agreement.
A Party may change its Designated Representative by written notice to the other Party. Each Party's
Designated Representative is named below with the individual's contact information.
PSRC Designated Representative. The Designated Representative for PSRC is Gary Simonson. They
may designate other staff as the principal contact for daily work coordination. All official correspondence
concerning this Agreement shall be directed to the Designated Representative at the following address:
Puget Sound Regional Council
Attn: Gary Simonson, Senior Planner
1011 Western Avenue, Suite 500
Phone: (206) 791-3276
Fax: 206-587-4825
Email: gsimonson@psrc.org
Seattle, WA 98104
TUKWILA Designated Representative. The Designated Representative for TUKWILA is Josh Hartley.
They may designate other staff as the principal contact for daily work coordination. All official
correspondence concerning this Agreement shall be directed to the Designated Representative at the
following address:
City of Tukwila
Attn: Josh Hartley
Title: DEPUTY DIRECTOR TRANSPORTATION
6300 SOUTHCENTER BLVD.
TUKWILA, WA 98188
Phone: (206) 465-7047
Email: joshua.hartley@tukwilawa.gov
3.1. In its performance of this Subaward Agreement, TUKWILA shall be an independent entity and not an
employee or agent of PSRC.
3.2. TUKWILA must obtain the prior written approval of PSRC whenever any programmatic changes are
anticipated, including but not limited to the following:
a) Any revision of the Scope of Work or objectives of the project (regardless of whether there is an
associated budget revision requiring prior approval).
b) Changes in key persons in cases where specified in an application or a grant award. In research
projects, a change in the project director or principal investigator shall always require approval
unless waived by the USDOT.
C) Under non -construction projects, contracting out, subgranting (if authorized by law) or otherwise
obtaining the services of a third party to perform activities, which are central to the purposes of
the award.
d) Transfer of budgeted amounts.
e) No -cost extensions.
3.3. Governmentwide Debarrment and Suspension
TUKWILA shall comply with the provisions of 2 C.F.R. Part 200, Appendix II, "Contract Provisions for
Non -Federal Entity Contracts Under Federal Award", Section I, (published in the Federal Register on
December 26, 2013, 78 FR 78608), which generally prohibit entities that have been debarred,
suspended, or voluntarily excluded from participating in Federal nonprocurement transactions either
through primary or lower tier covered transactions, and which sets forth the responsibilities of recipients of
Federal financial assistance regarding transactions with other persons, including subrecipients and
contractors.
TUKWILA (and all subcontractors, if any) must maintain current registration in the System for Award
Management (www.sam.qov) at all times during which they have active federal awards or subawards,
including for this Agreement.
3.4. Indemnification
To the extent permitted by law, each Party to this Agreement shall indemnify the other Party and its
officers, officials, employees, and agents, while acting within the scope of their employment, from any and
all costs, claims, demands, judgments, damages, or liability of any kind including injuries to persons or
damages to property, which arise out of, or in any way result from, due to, any acts or omissions of the
indemnifying Party in the implementation of this Agreement or any agreement between Commerce and its
subcontractor(s).
No Party shall be required to indemnify the other Party if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of the Party seeking indemnification.
Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence.
Each Party by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that
would otherwise be available against such claims under the industrial insurance provisions of Title 51
RCW.
This indemnification shall survive the termination of this Agreement.
3.5. Compliance with Federal Award Obligations. The Award is subject to, and TUKWILA shall comply
with, the terms and conditions of the PTE Award and the Department of Transportation General Terms
and Conditions (March 28, 2023) (see attachments 1 and 2), including all applicable statutes, regulations,
executive orders (E.O.$), Office of Management and Budget (OMB) circulars, provisions of the OMB
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
(codified at 2 C.F.R. Part 200) (OMB Uniform Guidance), and approved applications.
4.0. BUDGET & PAYMENT PROCEDURE
4.1. Budget
The estimated budget to accomplish the tasks described in the Scope of Work for this is incorporated in
Exhibit B of this Agreement. This budget reflects the Parties' best estimates of the amounts that may be
required to accomplish the total work under this Agreement. Actual amounts reimbursable shall be based
on actual work performed. In the event it is determined that the Scope of Work has been accomplished
by Commerce for a lesser amount, PSRC shall only pay reimbursements for documented costs. In no
event shall Commerce be paid for costs that are not documented pursuant to the requirements of this
Agreement.
4.2. Payments/Invoices
PSRC shall reimburse TUKWILA not more often than monthly for costs incurred in the performance of this
Award, which are determined to be allowable, allocable, & reasonable in accordance with 2 CFR Part
200. All invoices shall be submitted using TUKWILA's standard invoice, but at a minimum shall include
current and cumulative costs, subaward number, and certification (Exhibit C), as required in 2 CFR
200.415 (a). PSRC shall not transfer nor be obligated to transfer any funds in advance of its approval of
such requests.
Documentation of all expenses eligible for reimbursement shall be maintained by TUKWILA and shall,
upon request by PSRC, be provided prior to reimbursement as required by this Award. All invoices
presented for payment shall include a reasonable description of the tasks performed that correspond to
the amounts invoiced.
To assure payment processing in a timely manner, TUKWILA shall submit all invoices, required reports,
and documentation to the attention of:
PSRC
Attn: Patty Mosure
1011 Western Ave, Suite 500
Seattle, WA 98104
206-971-3291
Finance@psrc.org
PSRC's shall review and pay reimbursable amounts within 45 days of receipt of the invoice.
PSRC reserves the right to withhold payments pending timely delivery and proper completion of the
reports or documents as may be reasonably required under this Agreement.
4.3. Prohibited Use of Funds
TUKWILA may not use funds for the following ineligible activities:
(a) Ineligible costs under 2 C.F.R Part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards;
(b) Any activities prohibited under the Grant between USDOT and PSRC dated July 3, 2023.
4.4. Final Payment
Final payment will be made to TUKWILA upon final completion of the work and upon written acceptance
by PSRC's Designated Representative. Any required adjustments shall be reflected in the final invoice.
4.5. Use of Consultants/Contractors
For all proposals and contracts where costs are expected to exceed $100,000, the scope of work and the
costs of such must be submitted to and approved by USDOT prior to employment of such consultants or
contractors. TUKWILA will ensure that any consultant or contractor paid from funds provided under this
award is bound by all applicable award terms and conditions. USDOT shall not be liable hereunder to a
third party nor to any party other than the PSRC.
In addition, all procurements shall adhere to PSRC's Procurement Policies and Procedures as updated
March 2023.
$10,000 or under
$10,001-$250,000*
Over $250,000*
Micro purchase: No competition required.
Small purchase: Competition required with documentation of an adequate
number of price/rate quotes.
Competitive proposal: Competition required with documentation of at least
two formal, written bids, proposals or qualifications, as well as an
independent cost estimate.
Pre -approval required Noncompetitive proposal: Only when competitive method is infeasible and
certain situations apply.
5.0. REPORTING AND RECORDS
5.1. Reports and Documentation
Quarterly Progress Reports: TUKWILA agrees to assist PSRC with Program Performance Reports on
a quarterly basis. TUKWILA will supply report content, e.g. summaries of work completed, to PSRC no
later than 10 days following the end of the period (e.g., reports due on or before January 10th, April
10th, August 10th, and December 10th).
Performance Progress Reports submitted to USDOT by PSRC should include the following:
i. Provide a clear, concise overview of the activities undertaken during the Project Period;
ii. Document accomplishments, benefits, and impacts that the Project and Activities are having.
Recipients should note specific outcomes where activities have led to job creation/retention,
private investment, increased regional collaboration, engagement with historically excluded
groups or regions, enhanced regional capacity, and other positive economic benefits;
iii. Highlight any upcoming or potential press events or opportunities for collaborative press events to
highlight benefits of the USDOT investment;
iv. Compare progress with the project timeline, explaining any departures from the targeted
schedule, identifying how these departures are going to be remedied, and projecting the course
of work for the next period;
v. Outline challenges that currently impact or could impact progress on the grant over the next
reporting period and identify ways to mitigate this risk; and
vi. Outline any areas where USDOT assistance is needed to support the project or any other key
information that would be helpful for your USDOT Project Officer to know.
Final Project Reports may be posted on USDOT's website, used for promotional materials or policy
reviews, or may be otherwise shared. Recipients should not include any copyrighted or other sensitive
business information in these reports. There is no specific page limit for Final Project Reports; however,
such reports should concisely communicate key project information, and should:
i. Outline the specific regional need that the project was designed to address and update on
progress made during the reporting period that will mitigate need and advance economic
development;
ii. Provide a high-level overview of the activities undertaken;
iii. Detail lessons learned during the project period that may be of assistance to USDOT or other
communities undertaking similar efforts;
iv. Outline the expected and actual economic benefits of the project as the time that the report is
written; and
v. Any other key information from the relevant project period
5.2. Availability of Records
All project records in support of all costs and actual expenditures incurred by TUKWILA and its Sub-
Contractor(s) under this Agreement shall be maintained by TUKWILA and its Sub-Contractor(s) and open
to inspection by PSRC (or its federal funding agency) during normal business hours, and shall be retained
and made available for such inspection for the duration of the State and Federal records retention
requirements from final payment of funds under this Agreement to PSRC. Copies of said records shall be
furnished to PSRC and/or its federal funding agency upon request. This requirement shall be included in
all subcontracts related to the work entered into by TUKWILA to fulfill the terms of this Agreement.
6.0. Certifications and Assurances
By signing the Subaward Agreement, the Authorized Official of TUKWILA certifies, to the best of his/her
knowledge and belief, that:
Certification Regarding Lobbying
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the TUKWILA,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or intending to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the TUKWILA shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," to PSRC.
3) The TUKWILA shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Debarment, Suspension, and Other Responsibility Matters
TUKWILA certifies by signing this Subaward Agreement 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.
Audit and Access to Records
TUKWILA certifies by signing this Subaward Agreement that it complies with the OMB Uniform Guidance,
will provide notice of the completion of required audits and any adverse findings which impact this
subaward as required by 2 C.F.R. parts 200.501 and 200.521, and will provide access to records as
required by parts 200.336, 200.337, and 200.201 as applicable.
Right to Audit and Disallow and Recover Funds
The Federal government reserves the right to seek recovery of any funds that were not expended in
accordance with the requirements or conditions of this Agreement based upon USDOT review, the final
audit, or any other special audits or reviews undertaken. USDOT has the right to order a special audit,
even if PSRC's auditor or a cognizant agency has already conducted one.
7.0. CONTRACT ADMINISTRATION and SUBRECIPIENT MONITORING
TUKWILA shall be solely responsible for the administration of and the completion and quality of work
performed under any contracts executed by TUKWILA. In no event shall any contract executed by
TUKWILA be construed as obligating PSRC. Any claims arising out of the separate contracts of
TUKWILA for work under this Agreement are the sole responsibility of TUKWILA. All contracts shall
comply with all applicable public works and procurement laws and regulations, including, but not limited
to, applicable bonding, prevailing wage, nondiscrimination, retainage, insurance, and workers
compensation requirements.
7.1. Direct Supervision
Nothing in PSRC's exercise of the right to inspect or accept the work performed by TUKWILA shall
reduce TUKWILA's responsibility for the proper execution of the work or relieve TUKWILA from its
responsibility for direct supervision of the work. When PSRC exercises its right to inspect or accept the
work performed by TUKWILA, it shall not be deemed or construed to be in control of the work under this
Agreement.
7.2. Sub -recipient Monitoring
PSRC reserves the right to monitor and manage subrecipients, including lower tier subrecipients. At a
minimum, monitoring of TUKWILA will include:
i. Review of financial and programmatic reports;
ii. Following-up and ensuring that TUKWILA takes timely and appropriate action on all deficiencies
pertaining to the Federal award provided to TUKWILA from PSRC detected through audits, on-
site reviews, and other means; and
iii. If applicable, issuing a management decision for audit findings pertaining to the Federal award
provided to TUKWILA from PSRC as required by 2 C.F.R. § 200.521 (Management decision).
PSRC requires all subrecipients, including lower tier subrecipients, under the award to comply with the
provisions of the award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200)
and all associated terms and conditions.
8.0. INSURANCE
TUKWILA will maintain its current insurance policy with the Washington Cities Insurance Authority at all
times during the term of this Agreement. Upon request, TUKWILA shall provide a copy of said insurance
policy to PSRC.
Each Party will require and cause its respective subcontractors of all tiers to maintain insurance in
sufficient amounts to protect the interest of the Parties. Sufficient amounts includes those insurance
policies and amounts, as recommended by the Washington Cities Insurance Authority. Such insurance
shall be confirmed by a Certificate of Insurance prior to commencement of the work.
The Parties hereby agree to require their respective insurers and their respective subcontractors of all
tiers, to waive subrogation rights against the other Party and such other Party's insurers.
It is understood and agreed that insurance and/or self-insurance provided by the Parties under this
Agreement is not intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by the Parties or their Contractors of any tier under their respective contracts or imposed by
applicable laws or regulations.
9.0. TERMINATION OF AGREEMENT
9.1. Termination for Default
Either Party may terminate this Agreement, in whole or in part, if the other Party substantially fails to fulfill
any or all of its obligations under this Agreement through no fault of the other Party, provided that insofar
as practicable, the Party terminating the Agreement will give:
a. Notice of intent to terminate at least thirty (30) calendar days prior to the date of termination stating
the manner in which the other Party has failed to perform the obligations under this Agreement; and
b. An opportunity for the other Party to cure the default. If TUKWILA is the party in default, PSRC shall
provide an opportunity of TUKWILA to cure the default as provided in Section 14.2. If PSRC is the
party in default, TUKWILA shall give PSRC a Notice of Termination stating the time period in which
cure is permitted and any other appropriate conditions.
c. Provided however, that if PSRC's funding agency terminates financial support for the project at any
time, either party shall have the right to immediately terminate this Agreement by giving written
notice thereof.
If the other Party fails to remedy the default or the breach to the satisfaction of the other Party within the
time period established in the Notice of Termination or any extension thereof granted by the Party not at
fault, the other Party may terminate this Agreement. However, any terms of this Agreement relevant to a
dispute that is unresolved at the time of termination shall survive until the dispute is finally resolved.
9.2. Termination for Convenience
Either Party may terminate this Agreement, in whole or in part, for its convenience provided that the
terminating Party shall provide the other Party with an advance notice of at least thirty (30) calendar days.
9.3. Notice of Termination
Notice of termination shall be given by the Party terminating this Agreement to the other Party in writing.
The notice shall specify the effective date of termination, which shall not be sooner than the non -
terminating Party's receipt of the notice.
9.4. Rights and Duties of Parties Upon Termination
A termination by any Party shall not extinguish or release either Party from liability, claims, or obligations
to third parties existing as of the time of termination. Any costs incurred prior to the effective date of
termination will be borne by the Parties in accordance with the terms of this Agreement and this Section.
The record keeping requirements, payment, release and indemnification provisions set forth in this
Agreement and all remedial provisions shall survive termination of this Agreement.
Upon termination of this Agreement by expiration of the term or upon termination for the convenience of
the Parties, the Parties agree to work together cooperatively to develop a coordinated plan for terminating
the scope of work rendered up until the time of termination and determining reasonable contract close-out
costs for termination for convenience or as a result of PSRC's default or breach. In the event of
termination by default or breach, PSRC shall only be obligated to compensate Commerce for the portion
of work that has been satisfactorily rendered to the date of termination according to the terms of this
agreement.
10.0. GENERAL CONTRACT PROVISIONS
10.1. Rights and Remedies
The rights and remedies of the Parties to this Agreement are in addition to any other rights and remedies
provided by law, except as otherwise provided in this Agreement.
10.2. No Agency
No joint venture or partnership is formed as a result of this Agreement. No employees, agents or
subcontractors of one Party shall be deemed, or represent themselves to be, employees of any other
Party.
10.3. Third Party Rights
It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and USDOT,
and gives no right to any other entity. Nothing in this Agreement, whether express or implied, is intended
to confer any rights or remedies under or by reason of this Agreement on any persons other than the
Parties and USDOT.
10.4. Assignment/Successors
No Party shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the
same, whether by assignment or novation, without prior written consent by the other Party. This limitation
does not, however, prevent TUKWILA from selecting subcontractors or consultants to perform the work
authorized by this Agreement. All of the terms, provisions, and conditions of this Agreement will be
binding upon and inure to the benefit of the Parties hereto and their respective successors, permitted
assigns, and legal representatives.
10.5. Compliance with Laws
TUKWILA shall comply, and to the best of its ability shall ensure, that its employees, agents, consultants,
and representatives comply with all federal, state, and local laws, regulations, and ordinances applicable
to the work to be performed. The work performed by TUKWILA under this Agreement shall comply with all
applicable public works and procurement laws and regulations, including, but not limited to, bonding,
prevailing wage, nondiscrimination, retainage, insurance, and workers compensation requirements.
10.6. Governing Law and Venue
This Agreement will be governed by, and construed and enforced in accordance with, the laws of the
State of Washington. Any legal action resulting from this Agreement shall be brought in the Superior
Court of King County.
10.7. Notice
All notices or requests required or permitted under this Agreement shall be in writing, shall be personally
delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission
and shall be deemed received three (3) business days following the date when mailed or on the date
when delivered or faxed (provided the fax machine has issued a printed confirmation of receipt). All
notices or requests shall be sent to the PSRC and TUKWILA addressed as shown in Section 3.0.
10.8. Waiver of Default
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
a provision of this Agreement, including failure to require full and timely performance of any provision,
shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement unless stated to be such in writing, signed by authorized
parties, and attached to the original Agreement.
10.9. Severability
If any of the terms and conditions of this Agreement are determined to be invalid or unenforceable by a
court of competent jurisdiction, the remaining terms and conditions unaffected thereby shall remain in full
force and effect. The Parties agree to negotiate in good faith to reform the Agreement to replace any
invalid or unenforceable term and/or condition with a valid and enforceable term and/or condition that
comes as close as possible to the intention of the stricken term and/or condition.
10.10. Warranty of Right to Enter into Agreement
The Parties each warrant that they have the authority to enter into this Agreement and that the persons
signing this Agreement have the authority to bind such person's respective entity.
10.11. Publicity
The Parties to this Agreement shall not make any formal press releases, news conferences or similar
public statements concerning this Agreement without prior consultation with the other Party.
10.12. Future Support
PSRC makes no commitment of future support and assumes no obligation for future support of the
activity contracted herein except as set forth in this Agreement.
10.13. Exhibits
All exhibits referenced in and attached to this Agreement are incorporated herein, except to the extent
otherwise provided herein.
10.14. Limitation on Payments to Influence Certain Federal Transactions
Section 1352 of Title 31 of the U.S. Code provides in part that no appropriated funds may be expended
by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and
officer or employee of Congress, or an employee of Member of Congress in connection with any of the
following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
10.15. Lobbying Restrictions
Statutory Provisions
1. Non -Federal entities shall comply with 2 C.F.R. § 200.450 ("Lobbying"), which incorporates the
provisions of 31 U.S.C. § 1352; the "New Restrictions on Lobbying" published at 55 FR 6736
(February 26, 1990); and OMB guidance and notices on lobbying restrictions. In addition, non -Federal
entities must comply with the DOC regulations published at 15 C.F.R. Part 28, which implement the
"New Restrictions on Lobbying". These provisions prohibit the use of Federal funds for lobbying the
executive or legislative branches of the Federal Government in connection with the award, and
require the disclosure of the use of non -Federal funds for lobbying. Lobbying includes attempting to
improperly influence, meaning any influence that induces or tends to induce a Federal employee or
officer to give consideration or to act regarding a Federal award or regulatory matter on any basis
other than the merits of the matter, either directly or indirectly. Costs incurred on to improperly
influence are unallowable. See 2 C.F.R. § 200.450(b) and (c).
2. Disclosure of Lobbying Activities
Any non -Federal entity that receives more than $100,000 in Federal funding shall submit a completed
Form SF -LLL, "Disclosure of Lobbying Activities," regarding the use of non -Federal funds for
lobbying. The Form SF -LLL shall be submitted within 30 days following the end of the calendar
quarter in which there occurs any event that requires disclosure or that materially affects 22 1
December 26, 2014 the accuracy of the information contained in any disclosure form previously filed.
The non -Federal entity must submit any required Forms SF -LLL, including those received from
subrecipients, contractors, and subcontractors, to the Grants Officer.
10.16. Confidentiality
The Parties acknowledge that the prohibitions against disclosure of information or records described in
this Section 18.20 is limited by and not applicable where any law, rule, regulation or court proceeding
requires or allows disclosure of information and documents, and neither Party is required to notify the
other or any program beneficiary regarding such allowed or required disclosure.
TUKWILA and any subgrantees, subcontractors or vendors must maintain confidential files on individual
program beneficiaries served associated with this Agreement. Recipient staff must keep paper files in a
locked filing cabinet and protect all electronic files related to individual beneficiaries with a personal
password.
The service providers shall maintain primary access to individual beneficiary files. Other project
management staff may have access to these files only if they contain a "release of information" consent
form signed by the individual beneficiary. A release of information form must clearly indicate which
parties may have access to an individual beneficiary's file. Such parties might include the management
staff and USDOT staff. TUKWILA may only share individual beneficiary files with those parties listed on
the signed form. If an individual beneficiary has not signed the consent form the parties listed may not
read that individual beneficiary's file.
These categories serve as guidelines to TUKWILA staff and management staff. TUKWILA must
determine if the individual beneficiary's confidential information will significantly affect the safety and
security of that individual or TUKWILA itself.
10.17. Entire Agreement
This Agreement, including its Recitals and Exhibits, embodies the Parties entire Agreement on the
matters covered by it, except as supplemented by subsequent amendments to this Agreement. All prior
negotiations and draft written agreements are merged into and superseded by this Agreement.
20.0. FLOW DOWN PROVISIONS
If TUKWILA contracts or subawards funds under this Agreement with a person or entity to perform work
under this award, Commerce shall include in the contract or subaward agreement such provisions as may
be necessary to ensure that all contractors and subgrantees comply with the requirements of the grant
and reporting provisions as set forth in these terms and conditions or as established by USDOT and the
Office of Management and Budget (OMB)
All subgrantees are required to obtain a DUNS numbers (or update its existing DUNS record), and
register with the System for Award Management prior to award.
IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Agreement as of
the date written below.
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
By:
Date:
DocuSigned by:
Mayor, City of Tukwila
7/23/2023 16:30 PM PDT
Approved as to form:
Kari Sand, City Attorney
,-DocuSigned by:
Jt at/Att
By:
KariS`an,Ei;`9 ftV66 5drney
City of Tukwila
PSRC:
Puget Sound Regional Council
1011 Western Avenue, Suite 500
Seattle, Washington 98104
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By:
Josh Brown, Executive Director
Puget Sound Regional Council
Date: 6/29/2023
Scope of Work for Tukwila
2023-09
Tukwila Tasks and Timeline:
Exhibit A
Objective/Task
Date/Period of Completion
1. Safety Analysis
May 2023 -September 2023
• Analysis of existing conditions and historical
trends
• Analysis of systemic and specific safety
needs
2.
Draft Strategy and Identification of Project
Alternatives
3. September 2023 -February
2024
• Assess current policies, identify opportunities
to improve, create implementation policies,
guidelines and standards
• Identify projects, strategies, and prioritization
criteria
4.
Final Draft Strategy and Project Selection
March 2024 -June 2024
• Finalize projects, strategies, and prioritization
criteria
• Develop high level cost -estimates for
identified projects
• Develop performance measures and goals
5.
Adoption of Road Safety Plan as part of
Transportation Element of Comprehensive Plan
June 2024 -September 2024
• Coordination with ongoing update to the
Transportation Element
• City adoption date for the TE update is
anticipated June -September 2024.
6.
Public Outreach and Engagement
Ongoing throughout contract
• Public Engagement and Outreach, especially
focused on equity and inclusive of
underserved communities
• Coordination with ongoing outreach for the
Transportation Element update
Exhibit B
Project Budget
Amounts Based on $200,000 Grant Award, $50,000 Match
Item
Grant Share
Match
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual
$200,000
$50,000
Construction
Other
Total Direct Charges
$200,000
$50,000
Indirect Charges
Total Charges
$200,000
$50,000
* City match is funded through general revenue
To: Puget Sound Regional Council
Attn: Accounts Payable
1011 Western Avenue, Suite 500
Seattle, Washington 98104
Exhibit C
Requisition for Payment
and Reporting Template
From: City of Tukwila
Department of Public Works
6300 Southcenter Boulevard, Ste 200
Tukwila, WA 98188ZIP
Project Title: City of Tukwila Comprehensive Road Safety Plan
Project Agreement Number: 2023-09
Invoice Period: From to
Budget Table
Line Item
Current Expense
Total Expense
to Date
Contract Budget
Personnel
$
$
$
Fringe Benefits
$
$
$
Travel
$
$
$
Equipment
$
$
$
Supplies
$
$
$
Contractual
$
$
$
Other
$
$
$
Total Direct Charges
$
$
$
Indirect Charges
$
$
$
Total Requisition this Period
$
$
$
1 certify that the expenses listed above have been properly incurred in the accomplishment of the services
of this agreement.
Name, Title
Date