HomeMy WebLinkAboutCAG2023-196 - Supplement - Washington Traffic Safety Commission - 2023-AG-4702-Kent Pacific Highway (SR99) Walker & Roller Safety Program - 05/11/2022 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
40
•kkv For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Sara Wood Mayor's Office
Date Sent: Date Required:
c 04/18/2023 4/25/2023
QAuthorized to Sign: Date of Council Approval:
Q �✓ Mayor or Designee N/A
Budget Account Number: Grant? Yes[Z] NoE]
Budget? Yes Type: State
Vendor Name: Category:
Public Health - Seattle & King County Grant: Non-Real Property
Vendor Number: Sub-Category:
Supplement
0
Project Name: 2022-2023 Walker and Roller Grant
CProject Details: Agreement with Public Health - Seattle & King County for their portion of
C the Walker/Roller grant deliverables. Document can be signed via DocuSign.
40
C
(11.111 Basis for Selection of Contractor:
Agreement 100 Other
E *Memo to Mayor must be attached
��
Start Date: 11 0/1/2022 Termination Date: 9/30/2023
a Local Business? Yes PINo*if meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: ❑YesF]In-Process F-11Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
Yes ✓❑No
Comments:
1A
Just need Mayor Ralph's signature via DocuSign. Please scan and email it
to c back to me or route original to Sara Wood/Kent PD.
IM }.
a
Date Received:City Attorney: 4/20/23 Date Routed:Mayor's Office City Clerk's Office
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
..................................
DocuSign Envelope ID: EOEF9724-45EF-4AE6-8FF2-F181EC269FFB
WEMS
.N: 10101 CDIP
INTERAGENCY AGREEMENT
BETWEEN THE
City of Kent
AND
Public Health — Seattle & King County
THIS AGREEMENT is made and entered into by and between the City of Kent, hereinafter referred to as "Kent," and Public Health—
Seattle& King County, hereinafter referred to as "PHSKC."
NOW THEREFORE, the parties mutually agree as follows:
1. PURPOSE OF THE AGREEMENT:
The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National
Highway Traffic Safety Administration (NHTSA)and allowed under the Assistance Listing/Catalog of Federal Domestic Assistance
(CFDA)#20.6.6, for traffic safety grant project 2023-AG-4702-Kent-Pacific Highway(SR 99)South Walker and Roller Program. This
Agreement shall be a subgrant of AG-4702,with PHSKC providing services to Kent in furtherance of the overall project.
2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both parties and remain in effect until
September 30, 2023 unless terminated sooner, as provided herein.
3. STATEMENT OF WORK
PHSKC shall carry out the provisions of the traffic safety project described here as the Statement of Work(SOW). If PHSKC is
unable to fulfill the SOW in any manner on this project, PHSKC must contact Kent and the Washington Traffic Safety Commission,
hereinafter referred to as"WTSC," immediately and discuss a potential amendment.All Federal and State regulations will apply.
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3.1.1 Problem ID and/or Opportunity
This project seeks to reduce the number of serious injury and deaths of walkers and rollers on Pacific Highway South in King
County WA. This project is focused on a portion of Pacific Highway South that runs through King County from Federal Way to
Tukwila, between mile posts 6.15 and 24.17. According to crash data provided by Washington State Department of
Transportation, between January 2, 2017 and December 31, 2020 there were a total of 38 collisions with serious injuries or
fatalities involving walkers and rollers along this stretch of highway. Of these collisions, 34 involved pedestrians and four involved
bikes.
3.1.2 Project Purpose and Strategies
This project seeks to reduce the number of serious injury and deaths of walkers and rollers on Pacific Highway South in King
County WA. This project is focused on a portion of Pacific Highway South that runs through King County from Federal Way to
Tukwila, between mile posts 6.15 and 24.17. Though our efforts were well executed and received for the previous grant period there
is still much to be done. An unpublished paper by Public Health—Seattle & King County found that it often takes more than one
year to create a lasting impact along a problem roadway. Below is some additional crash data and pedestrian/bicycle involved crash
data for this stretch of South SR 99 from 2017-2022.
Countermeasures
Law Enforcement Education-continue the promotion and distribution of training for law enforcement on walker and roller safety
(particular focus on South SR99 grant)
Number of law enforcement partners trained
Enforcement-Conduct media and messaging campaign on walkers and rollers in support of HVE and other initiatives
• Create media campaign
• Conduct media campaign
Conduct pre-post observational survey of drivers, walkers and rollers along the South SR99 corridor to evaluate education and
enforcement efforts
• Subcontract with observational survey provider
• Create survey and identify observational areas
• Conduct pre survey
• Conduct post survey
Engineering- Develop and install pedestrian signage at critical intersections/areas along the South SR 99 corridor to warn drivers
about the presence of walkers
•Working with engineering committee, identify appropriate signs for the area
• Get signs ordered and installed along the roadway
• Subcontract with observational survey providers
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• Conduct pre-survey
• Conduct-post survey
• Develop report on program
Walker and Roller Behavior
Education-Create education materials for public, pedestrians and bicyclist on walker and roller safety(particular focus on South SR99
grant)
• Develop training materials along with community partners
• Ensure materials are equity centered and transcreated into appropriate languages
• Distribute materials to community and law enforcement partners
Jurisdictional Planning Support
Create Tools for local jurisdictions to audit harm to houseless individuals to improve safety using local evidence bases along the SR 99
South corridor.
• Research information for tool creation
• Finalize tool with community/partner input
• Distribute tool to all partners in county
• Lighting Audit along the length of SR 99 South (ties to ATSC work and data dashboard)
• Research information for tool creation
• Finalize tool with community/partner input
• Distribute tool to all partners in county
• Checklist for community audit of walker and roller safety
• Research information for tool creation
• Finalize tool with community/partner input
• Distribute tool to all partners in county
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Goal 1: Decrease the percent of drivers with unsafe behavior concerning walkers and rollers by 15% along South SR 99
through enforcement, law enforcement education, and driver education by September 30, 2023.
Objective Objective Details Completion Date
Create and install pedestrian signage along SR 99 Increase driver awareness of walkers and rollers. 09/30/2023
South. Work with community partners and local jurisdictions
to identify appropriate signage and location of signs.
Purchase signs and have them installed along the
roadway.
Measure Reporting Type Target
Frequency
Decrease the percent of specified unsafe driver behaviors around Quarterly Outcome 15
walkers and rollers by the end of the project. The measurement will
come from pre-and post-enforcement event observational surveys at
selected intersections and conflict points.
Annual Outcome 10
Decrease rate of speed of drivers and increase the awareness among
drivers for the presence of walkers and rollers by the end of the project.
The measurement will come from pre-and post-signage observational
surveys at selected intersections and conflict points.
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Goal 2: Increase public knowledge and awareness of walker and roller safety issues and ways to increase personal safety
while walking and rolling through public outreach and education efforts from law enforcement, community agencies, and
others by 10 percent by September 30, 2023.
Objective Objective Details Completion Date
Objective 2-1 Develop, transcreate, and 9/30/2023
09/30/2023
administer additional education and training to
public via law enforcement, community-based
organizations, and others on walker and roller
safety. Educational materials and distribution
could include social media advertising, billboard
ads, radio ads, bus ads, transportation ads, and
other applicable methods.
Reporting
Measure Type Target
Frequency
Percent Increase of knowledge of community members about walker and Annual Outcome 10
roller safety issues and strategies to mitigate risk before the end of the
project period. Measurement will involve observed changes in behavior
through a pre and post spotter survey of drivers along Pacific Highway
south and reach of public education campaigns and social media.
Goal 3: Create several tools and distribute to local partners and jurisdictions to implement within their region to reduce harm
to critical populations and provide engineering or structural changes to promote walker and roller safety by September 30,
2023.
Objective Objective Details Completion Date
Create audit tool Create tool for local jurisdictions to audit harm to 09/30/2023
houseless individuals to improve safety using local
evidence bases along the SR 99 South corridor.
Conduct a Lighting Audit Audit along the length of SR 99 South. This ties into 09/30/2023
critical work and recommendations that are currently
being developed to support the Active Transportation
Safety Council at the state level.
Create a checklist for community audit of walker and 09/30/2023
roller safety
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Reporting
Measure Type Target
Frequency
Increase the available resource of location jurisdictions to incorporate Annual Process 100
key walker and roller safety considerations into local planning by
distributing the above-mentioned tools to all partners. Monitor the
number of partners using the tools within their jurisdictions.
3.3. COMPENSATION
3.3.1. The cost of accomplishing the work described in the SOW will not exceed $38,100. Payment will be made by WTSC with
Kent's approval. Payment for satisfactory performance of the work shall not exceed this amount unless the parties and WTSC
mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties and WTSC
3.3.2. If PHSKC intends to charge indirect costs, an Indirect Cost Rate must be established in accordance with WTSC policies, and a
federally-approved cost allocation plan may be required to be submitted to the WTSC before any performance is conducted under
this Agreement.
3.3.3 PHSKC must submit a travel authorization form (A-40)to request approval for any travel not defined in the scope of work and
for all travel outside of the continental United States. State travel policies (SAAM Chapter 10)would apply.
3.3.4. If WTSC makes travel arrangements on behalf of PHSKC, state travel policies must be followed. See Washington State
Administrative &Accounting Manual (SAAM)Chapter 10 which can be obtained at this website:
https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/1 O.htm. If for any reason, this information is not available at this
website, contact the WTSC office at 360-725-9860.
3.3.5. WTSC will reimburse travel related expenses consistent with the written travel policies of PHSKC. If no written policy exists,
state travel policies (SAAM Chapter 10)apply.
3.3.6. WTSC will only reimburse PHSKC for travel related expenses for travel defined in the scope of work and budget or for which
approval was expressly granted. PHSKC must provide appropriate documentation (receipts)to support reimbursement requests,
including the A-40 Travel Authorization form if required.
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3.3.10 Summary
SUMMARY OF COSTS AMOUNT
Employee salaries and benefits $29,700
Contract Services $8,400
TOTAL $38,100.00
BUDGET JUSTIFICATION
King County Target Zero Manager Region 7-$75/hour X 33 hours/month X 12 months=$29,700
Transcreation of the public education and outreach materials billed through Employee Salaries and Benefits through Public Health-
Seattle& King County= $8,400
5.ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC.
6.AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such
amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties.
7.ALL WRITINGS CONTAINED HEREIN
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.
8.ASSIGNMENT
PHSKC may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of
Kent and WTSC,which consent shall not be unreasonably withheld. PHSKC shall provide the WTSC a copy of all third-party
contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow
applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds
provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal
provisions set forth in this Agreement in sections 32 through 40.
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In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and
costs.
10. BILLING PROCEDURE
PHSKC shall submit monthly invoices for reimbursement to Kent with supporting documentation as WTSC shall require. All invoices
for reimbursement shall be submitted through the WEMS invoicing process, and left in"Draft"status for Kent to review and apply final
approval. Invoices submitted without Kent's approval will not be reimbursed. Payment for approved and completed work will be made
by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon
expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of
this Agreement. All invoices for goods received or services performed on or prior to June 30, 2023, must be received by WTSC no
later than August 10, 2023. All invoices for goods received or services performed between July 1, 2023, and September 30, 2023,
must be received by WTSC no later than November 15, 2023. WTSC reserves the right to delay the processing of invoices until
activity reports required by Section 4 of this agreement, are received and approved.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
PHSKC shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for
any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as
may be required by law.
12. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
13. COVENANT AGAINST CONTINGENT FEES
PHSKC warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure
this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The
WTSC shall have the right, in the event of breach of this section by PHSKC, to annul this Agreement without liability.
14. DISPUTES
14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in
writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of
the parties' receipt of WTSC's written decision, either party furnishes a written appeal to the WTSC Director. Any party's appeal shall
be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding
upon the parties and the parties shall abide by the decision.
14.2. Performance During Dispute. Unless otherwise directed by WTSC, PHSKC shall continue performance under this Agreement
while matters in dispute are being resolved.
14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under
this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in
Thurston County, Washington.
15. GOVERNANCE
15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any
applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws.
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inconsistency shall be resolved by giving precedence in the following order:
15.2.1. Applicable federal and state statutes and rules
15.2.2. Terms and Conditions of this Agreement
15.2.3. Any Amendment executed under this Agreement
15.2.4. Any SOW executed under this Agreement
15.2.5. Any other provisions of the Agreement, including materials incorporated by reference
16. INCOME
Any income earned by PHSKC from the conduct of the SOW(e.g., sale of publications, registration fees, or service charges) must be
accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce project costs.
17. INDEMNIFICATION
17.1. To the fullest extent permitted by law, PHSKC shall indemnify and hold harmless WTSC, Kent, their officers, employees, and
agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses,
damages, or costs of whatsoever kind ("claims")brought against WTSC or Kent arising out of or in connection with this Agreement
and/or PHSKC's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims
against WTSC, Kent, their officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of
PHSKC, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require
PHSKC to indemnify and hold harmless or defend the WTSC, Kent, their agents, employees, or officers to the extent that claims are
caused by the negligent acts or omissions of the WTSC, Kent, their officers, employees or agents; and provided further that if such
claims result from the concurrent negligence of(a) PHSKC, its officers, employees, agents, contractors, or subcontractors, and (b)
the WTSC, Kent, their officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of the negligence of PHSKC, its officers, employees, agents,
contractors, or subcontractors.
17.2. PHSKC agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, or on
behalf of, any of its employees or agents in the performance of this agreement. For this purpose, PHSKC, by mutual negotiation,
hereby waives with respect to WTSC and Kent only, any immunity that would otherwise be available to it against such claims under
the Industrial Insurance provisions chapter 51.12 RCW.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
18. 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.
19. INSURANCE COVERAGE
PHSKC shall procure and maintain for the duration of this Agreement, insurance of the types and in the amounts described in Exhibit
B attached and incorporated by this reference.
20. LICENSING,ACCREDITATION,AND REGISTRATION
PHSKC shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards
necessary for the performance of this Agreement. PHSKC shall complete registration with the Washington State Department of
Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement.
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21.1. During the term of this Agreement and for six years thereafter, PHSKC shall maintain books, records, documents, and other
evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described
herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State
Auditor, and federal officials so authorized by law.All books, records, documents, and other material relevant to this Agreement will
be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized
representatives shall have full access and the right to examine any of these materials during this period.
21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the
property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any
third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond. Each party will
utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not
erroneously disclosed to third parties.
22. RIGHT OF INSPECTION
PHSKC shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of
the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance,
compliance, and/or quality assurance under this Agreement. PHSKC shall make available information necessary for WTSC to comply
with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health
Insurance Portability and Accountability Act of 1996 (HIPAA)or any regulations enacted or revised pursuant to the HIPAA provisions
and applicable provisions of Washington State law. PHSKC shall upon request make available to the WTSC and the United States
Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the
safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement.
23. RIGHTS IN DATA
23.1. Kent and PHSKC agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be
considered works made for hire under the U.S. Copyright Act, 17 USC§101 et seq., and shall be owned by the state of Washington.
Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies,
computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent
provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly
perform, publicly display, and the ability to otherwise use and transfer these rights.
23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, PHSKC assigns and
transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright
applications relating thereto and any renewals and extensions thereof.
23.3. PHSKC may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any
publications (written, visual, or sound)contain acknowledgment of the support provided by NHTSA and the WTSC.Any discovery or
invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether
patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest.
24. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this
Agreement and prior to completion of the SOW under this Agreement, Kent may terminate the Agreement under the
"TERMINATION FOR CONVENIENCE"clause, without the 30 day notice requirement.The Agreement is subject to renegotiation at
the Kent's discretion under any new funding limitations or conditions.
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If any provision of this Agreement or any provision of any document incorporated 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.
26. SITE SECURITY
While on WTSC premises, PHSKC, its agents, employees, or sub-contractors shall conform in all respects with all WTSC physical,
fire, or other security policies and applicable regulations.
27.TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for PHSKC or its staff
shall be the sole responsibility of PHSKC.
28.TERMINATION FOR CAUSE
If PHSKC does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and
conditions, the Kent will give PHSKC written notice of such failure or violation, and may terminate this Agreement immediately.At the
Kent's discretion, PHSKC may be given 15 days to correct the violation or failure. In the event that PHSKC is given the opportunity to
correct the violation and the violation is not corrected within the 15day period, this Agreement may be terminated at the end of that
period by written notice of Kent.
29.TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days
written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the
terms of this Agreement for services rendered or goods delivered prior to the effective date of termination.
30.TREATMENT OF ASSETS
30.1. Title to all property furnished by Kent or the WTSC shall remain property of its respective owner. Title to all property furnished
by PHSKC for the cost of which PHSKC is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and
vest in the WTSC upon delivery of such property by PHSKC. Title to other property, the cost of which is reimbursable to PHSKC
under this Agreement, shall pass to and vest in the WTSC upon (i)issuance for use of such property in the performance of this
Agreement, or(ii)commencement of use of such property in the performance of this Agreement, or(iii) reimbursement of the cost
thereof by the WTSC in whole or in part, whichever first occurs.
30.2. Any property of the WTSC furnished to PHSKC shall, unless otherwise provided herein or approved by the WTSC, be used only
for the performance of this Agreement.
30.3. PHSKC shall be responsible for any loss or damage to property of the WTSC which results from the negligence of PHSKC or
which results from the failure on the part of PHSKC to maintain and administer that property in accordance with sound management
practices.
30.4. If any WTSC property is lost, destroyed, or damaged, PHSKC shall immediately notify the WTSC and shall take all reasonable
steps to protect the property from further damage.
30.5. PHSKC shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement.
30.6. All reference to PHSKC under this clause shall also include PHSKC's employees, agents, or subcontractors.
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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.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A):
32. BUY AMERICA ACT
PHSKC will comply with the Buy America requirement(23 U.S.C. 313)when purchasing items using federal funds. Buy America
requires PHSKC to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of
Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials
are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall
project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a
waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation.
33. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
33.1. By signing this Agreement, PHSKC (hereinafter in this section referred to as the"lower tier participant') is providing the
certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300.
33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the federal government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and
voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2
CFR part 180.
33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA.
33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower
Tier Certification" including the"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300.
33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of parties
Excluded from Federal Procurement and Non-procurement Programs.
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KI-:_- ___._:_— :_ — r_____:.__ _ �— require establishment of a system of records in order to render in good
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faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart
9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with
which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend
you, or take other remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions
33.10. The lower tier participant certifies, by signing this 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.
33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an
explanation to this Agreement.
34.THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
34.1. PHSKC shall:
34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation of
such prohibition.
34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; PHSKC's
policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and
the penalties that may be imposed upon employees for drug violations occurring in the workplace.
34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required
by paragraph 34.1.1. of this section.
34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a condition of employment under
the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving
notice from an employee or otherwise receiving actual notice of such conviction.
34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section,with respect to
any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination,
and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such
purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)
In accordance with FFATA, PHSKC shall, upon request, provide WTSC the names and total compensation of the five most highly
compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues
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:_ m,' ,,,,,, _._._ _.__ :._ _._._. ---)ss revenues from era awards, an f federal dd if the public does not have
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access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a)
or 15(d)of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.
36. FEDERAL LOBBYING
36.1. PHSKC certifies, to the best of his or her knowledge and belief, that:
36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
36.1.3. 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 grant, loans, and cooperative agreements), and that all
subrecipients shall certify and disclose accordingly.
36.2. 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.
37. NONDISCRIMINATION (Title VI,42 U.S.C. §2000d et seq.)
37.1. During the performance of this Agreement, PHSKC agrees:
37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time.
37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as
set forth in Appendix B of 49 CFR Part 21 and herein.
37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC,
USDOT, or NHTSA.
37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding
Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate,
including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the
contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in
part.
37.1.5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a
subcontract or sub-agreement that receives federal funds under this program.
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- - I-A I A I'\TI\/IT\/ III A-I I A AT\
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PHSKC will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508), which limit the political activities of employees whose
principal employment activities are funded in whole or in part with federal funds.
39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
PHSKC will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically
target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies
with this requirement.
40. STATE LOBBYING
None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local
legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such
activities include both direct and indirect(e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state
official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in
accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a
specific pending legislative proposal.
41. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and
reimbursements regarding this Agreement:
Contact for PHSKC Contact for Kent Contact for WTSC
Tony Gomez Sara Wood Jessie Knudsen
Tony.gomez(cDkingcounty.gov swood(ftentwa.clov Iknudsen(a�wtsc.wa.gov
206-263-8178 253-856-5856 360-725-9860
42.AUTHORITY TO SIGN
The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to
the obligations set forth herein.
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IN WITNESS WHEREOF, the parties have executed this Agreement.
Public Health-Seattle& King County
DocuSigned by::NA14LIAL
eF,2,,,4.2 Signature
Nadine Chan PhD
Division Director-Community Wellness and Assessment
4/17/2023
Date
City of Kent
_ _. _ _ -Signature
Dana Ralph
Mayor
05/11/2023 Date
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $4,000,000
general aggregate.
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EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
L419
King County
Office of Risk Management Services
Department of Executive Services
500 Fourth Ave#320
Seattle,WA 98104
(206)263-2250
KING COUNTY CERTIFICATE OF SELF-INSURANCE-2023
This letter is to certify that King County is fully self-funded for all of its liability exposures. Should an
incident occur involving the negligence of County employees acting in the scope of their employment,
our self-funded program would respond.
King County, charter county government under the constitution of the State of Washington, maintains
a fully funded Self-Insurance program for the protection and handling of the County's liabilities,
including injuries to persons and damage to property.
This letter is also to certify that King County is protected from physical loss under the County's blanket
property insurance policy. The policy is an"All Risk"policy that provides the County with protection
for all County property wherever located.
Please note that this certificate is issued for informational purposes only and neither confers any rights,
nor constitutes an agreement between King County and any other party.
If you have any questions,please do not hesitate to contact the King County Office of Risk Management
Services,Insurance and Contracts group at the phone number above.
Sincerely,
The Office of Risk -Management Services
Insurance and Contracts Group
Rev 12/18/2019