Puget Sound Regional Council 11/9/2023

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 Subrecipient 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 Subrecipient certifies by signing this Subaward Agreement that it complies with the 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 EVERETT shall be solely responsible for the administration of and the completion and quality of work performed under any contracts executed by EVERETT. In no event shall any contract executed by EVERETT be construed as obligating PSRC. Any claims arising out of the separate contracts of EVERETT for work under this Agreement are the sole responsibility of EVERETT. 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 EVERETT shall reduce EVERETT's responsibility for the proper execution of the work or relieve EVERETT from its responsibility for direct supervision of the work. When PSRC exercises its right to inspect or accept the work performed by EVERETT, 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 EVERETT will include: i. Review of financial and programmatic reports; ii. Following-up and ensuring that EVERETT takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to EVERETT 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 EVERETT 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.