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HomeMy WebLinkAboutReg 2023-12-04 Item 5E - Contract Amendment #1 - Transportation Demand Management Outreach with Hopelink for $65,000COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/4/23 AT ITEM INFORMATION ITEM No. 5.E. STAFF SPONSOR: ALISON TURNER ORIGINAL AGENDA DATE: 12/4/23 AGENDA ITEM TITLE Agreement with Hopelink for TDM Outreach Services CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/4/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD Finance ❑ Fire ❑ P&R ❑ Police ❑ PIXY SPONSOR'S SUMMARY The Transportation Demand Management (TDM) Program is asking for approval to amend Contract 22-153, a subcontract with Hopelink to provide TDM outreach services. The Amendment would extend the contract through June 30, 2025, and add $65,000 to the budget for the additional 1.5 years. The Council is being asked to approve the contract amendment. REVIEWED BY Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/20/23 COMMITTEE CHAIR: SHARP RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $65,000 AMOUNT BUDGETED $65,000 APPROPRIATION REQUIRED $0 Fund Source: WSDOT REGIONAL MOBILITY GRANT (CONTRACT 21-115) Comments: There will be no impact to the general fund The subcontract will be reimbursed. MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/4/23 Informational Memorandum dated 11/13/23 Amendment to Hopelink Agreement 22-153 - Hopelink - Outreach Services 2023 Regional Mobility Grant Program Minutes from the 11/20 T&I Committee Meeting 41 42 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, A1CP, Director TO: Transportation & Infrastructure Services Committee FROM: Nora Gierloff, DCD Director BY: Alison Turner, Sustainable Transportation Program Manager Chris Andree, Sustainable Transportation Outreach Coordinator CC: Mayor Ekberg DATE: November 13, 2023 SUBJECT: Agreement with Hopelink for TDM Outreach Services ISSUE The Transportation Demand Management (TDM) Program is asking for approval to amend Contract 22-153, a subcontract with Hopelink to provide TDM outreach services. BACKGROUND The City's TDM Program has partnered with Hopelink for the last 5-plus years to provide TDM services to priority populations including people with disabilities, veterans, immigrants and refugees, people with lower incomes, youth, and seniors. Since 2020, the TDM Program has had subcontracts with Hopelink using WSDOT Regional Mobility Grant funding. DISCUSSION The amendment would extend the contract through June 30, 2025, and add $65,000 to the budget for the additional 1.5 years. This is an increase from the original contract budget of $38,000 for 1 year to account for increasing cost of living and staff salaries. FINANCIAL IMPACT There will be no impact to the general fund. The $65,000 subcontract will be reimbursed by a WSDOT Regional Mobility Grant (Contract 21-115). RECOMMENDATION The Council is being asked to approve amending Contract 22-153 with Hopelink and consider this item on the Consent Agenda at the December 4, 2023, Regular Meeting. ATTACHMENTS Attachment A: Amendment to Hopelink Agreement Attachment B: 22-153 - Hopelink - Outreach Services 2023 Regional Mobility Grant Program Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 43 44 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Hopelink That portion of Contract No. 22-153 between the City of Tukwila and Hopelink is hereby amended as follows: Section 2: Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $65,000 $38,000.00. Section 4: Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2024 2023, and ending June 30, 2025 December 31, 2023, unless sooner terminated under the provisions hereinafter specified. Exhibit A — Scope of Work: Activities and Services Hopelink will supplement and enhance the City of Tukwila's current Transportation Demand Management (TDM) Program by providing outreach across South King County including both in - person and virtual engagement, and partnership development. Several strategies for this project include: • Education & Outreach: provide travel options training for residents and transportation users in south King County, specifically in Tukwila, Burien, Des Moines, Kent, Renton, and SeaTac. o This programing will be designed to provide education and resources on sustainable transportation options, including but not limited to transit, active transportation, and ridesharing options. o Priority locations include multi -family housing, educational sites, low-income housing, senior/community centers, and other destinations frequented by our priority populations. Priority populations include historically marginalized communities; Black, Indigenous, and people of color; seniors; people with lower incomes; people with disabilities; immigrants and refugees; English language learners; youth; and veterans. There will be a focus on partnering with other agencies that support immigrants and refugees. CA Reviewed May 2020 Page 1 of 4 45 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: o Create new outreach opportunities tailored for the region to better serve South King County. Assist in ensuring the reduced fare ORCA options are included in all education and outreach opportunities. This can include partnering with Public Health/ORCA LIFT and utilizing King County Metro resources such as Neighborhood Pop-up and the reduced fare portal. o Engage with youth to encourage transit ridership with the new fare -free policies. o All events will be done in accordance with local health guidelines regarding in -person engagement. o Create individualized transportation/mobility plans during outreach that allow individuals to better utilize transportation in the community. o When technology is available, leverage the One-Call/One-Click platform to support multimodal trip planning and eligibility determination. • Collateral Creation: in partnership with Tukwila staff, develop collateral materials such as brochures and flyers to support transportation education. o Include a Social Media Toolkit that can be used for cross promotion and engagement. • Administer a simple transportation survey during in -person and virtual outreach. o Encourage survey completion at outreach events and perform any data entry for completed paper surveys. o Conduct follow up phone calls on transportation resources with reward program participants that do not provide an email address. Phone calls to be completed within 30 days of receiving the list from Tukwila staff. o Note: Tukwila staff is responsible for the survey creation and translation into top languages. • Distribute rewards/incentives (such as ORCA cards) to the South King County Community. This will be designed to help connect individuals with transit fare that best suits their needs. This includes connecting individuals to reduced fare options, reduced fare portal or an agency that can assist in enrolling them in the right transit fare. o ORCA Cards will be provided by the City of Tukwila. • Pilot additional programs as they arise including but not limited to Community Transportation Navigators and working with Hopelink's One-Call/One-Click Platform. • Participate in local stakeholder groups to share information and promote TDM practices. • Implement additional TDM approaches as appropriate. Deliverables This project will have the following deliverables: 46 CA Reviewed May 2020 Page 2 of 4 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: • A mutually agreeable performance measurement plan, including the number of outreach events and number of customers served. • Monthly outreach tracking sheet with event list and metrics. • Quarterly status report due on the 15th of January, April, July and October that includes completed activities, summary of planned activities, and a description of issues, risks or challenges, and resolutions. • Final report of findings that includes: o S of plish., ents A list of partnering organizations Detailed lessons learned from the project Estimated number of outr ach events and customer interactions Qualitative customer feedback from end users and partner organizations Number of transportation surveys completed or facilitated Exhibit B — Costs and Payments: Payments Invoices shall be submitted at least quarterly by Hopelink, due on the 15th of January, April, July and October. Payments will fully reimburse Hopelink for costs associated with this project, as described in the budget below. Invoices shall be paid by the City within 30 days of receipt. Item Cost 1. Labor costs (including direct salary/wages and benefits at 0.45 FTE for 18 4 months) $50,000 $29,000 2. Programming Costs (program/office supplies, printing, translation, and mileage) $6,522 $4,000 3. Indirect (indirect allocations, rent, telephone, IT, misc.) at 15% $8,478 $5,000 TOTAL $65,000 000 All other provisions of the contract shall remain in full force and effect. CA Reviewed May 2020 Page 3 of 4 47 Dated this City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: day of , 20 CITY OF TUKWILA CONTRACTOR: Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Printed Name: Title: 48 CA Reviewed May 2020 Page 4 of 4 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 22-153 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as The City," and Hopelink, hereinafter referred to as "the Contractor," whose principal office is located at P.O. Box 3577, Redmond WA 98073-3577. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $38,000.00. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2023, and ending December 31, 2023, unless sooner terminated under the provisions hereinafter specified. 5. Inde endent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. Page 1 of 1 1 49 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractors maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of S1,000,000 per accident. Automobile liability insurance shall cover 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. 2. Commercial General Liability insurance with limits no less than S2,000,000 each occurrence, S2,000,000 general aggregate and S2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than Page 2 of 11 50 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage. Contractor 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 Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Kee�ina and Re�ortlna. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. Page 3 of 11 51 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color,Inational origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13 Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law. Venue. Attorney'Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 17. General Compliance Assurance. The Contractor agrees to comply with all instructions as prescribed in the Regional Mobility Grants Program Guidebook, hereinafter referred to as "Guidebook", and any amendments thereto, which by this reference is fully incorporated herein. The Contractor agrees that the City, and/or any authorized City representative, shall have not only the right to monitor the compliance of the Contractor with respect to the provisions of this Agreement but also have the right to seek judicial enforcement with regard to any matter arising under this Agreement. 18. Assignments and Subcontracts. Unless otherwise authorized in advance and in writing by the City, the Contractor shall not assign any portion of the Project as outlined in Exhibit A or execute any contract, amendment, or change order Page 4 of 11 52 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement. 19. Reports. A. The Contractor shall prepare quarterly reports regarding services provided pursuant to this Agreement and other related information as prescribed in the Guidebook, and any amendments thereto, whichever is applicable, or as requested by the City. Due to Legislative and City reporting requirements, any required quarterly progress reports shall be submitted for the duration of the Agreement period regardless of whether the underlying funding sources have been exhausted. Post -grant annual performance reporting may also be required as prescribed in the aforementioned guidebook. Those reports include, but are not limited to: 1. Narrative Progress Report 2. Financial Status/Summaries of the Project. B. If the project is receiving Transit Coordination, Tier or Regional Mobility grant funds, in addition to the requirements from subsection A, the Contractor shall submit a mutually agreeable Performance Measurement Plan to the City. C. Remedies for Misuse or Noncompliance. If the City determines that the Project has been used in a manner different from Exhibit A of this Agreement, the City may direct the Contractor to repay the City the State funded share of the "Project Costs." The City may also withhold payments should it determine that the Contractor has failed to comply with any provision of this Agreement. 20. No Obligation by the City Government. No contract between the Contractor and its subcontractors shall create any obligation or liability for the City with regard to this Agreement without the City's specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof. 21. Personal Liability of Public Officers. No officer or employee of the City shall be personally liable for any acts or failure to act in connection with this Agreement, it being understood that in such matters they are acting solely as agents of the City. 22. Ethics. A. Relationships with Employees and Officers of the City. The Contractor shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of the City, nor shall Contractor knowingly rent or purchase any equipment and materials from any employee or officer of the City. B. Employment of Former City Employees. The Contractor hereby warrants that it shall not engage on a full-time, part-time, or other basis during the period of this Agreement, any professional or technical personnel who are, or have been, at any time during the period of this Agreement, in the employ of the City without written consent of the City. 23. Compliance with Laws and Regulations. The Contractor agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The Contractor will adhere to all of the nondiscrimination provisions in chapter 49.60 RCW. Except when a federal statute or regulation preempts state or local law, no provision of the Agreement shall require the Contractor to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. If any provision or compliance with any provision of this Agreement violate state or local law, or would require the Contractor to violate state or local law, the Contractor agrees to notify the City immediately in writing. Should this occur, the City and the Pages of 11 53 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF Contractor agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project. 24. Environmental Requirements. The Contractor agrees to comply with all applicable requirements of chapter 43.21C RCW "State Environmental Policy Act" (SEPA). 25. Accountina Records. A. Project Accounts. The Contractor agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Contractor agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to the City upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project. B. Documentation of Project Costs and Program income. The Contractor agrees to support all allowable costs charged to the Project, including any approved services contributed by the Contractor or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Contractor also agrees to maintain accurate records of all program income derived from implementing the Project. 26. Audits, inspection, and Retention of Records A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the performance period of the Project and for six (6) years thereafter, the Contractor agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as the City may require. Project closeout does not alter these recording and record -keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six -year period then the Contractor's obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. B. General Audit Requirements. The Contractor agrees to obtain any other audits required by the City at Contractor's expense. Project closeout will not alter the Contractor's audit responsibilities. C. Inspection. The Contractor agrees to permit the City and the State Auditor, or their authorized representatives, to inspect all Project work materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. The Contractor agrees to require each third party to permit the City, and the State Auditor or their duly authorized representatives, to inspect all work, materials, payrolls, and other data and records involving that third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the Project(s). 27. Labor Provisions. Overtime Requirements. No Contractor or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. Contractor will comply with all applicable provisions of Title 49 RCW, Labor Regulations. 28. Changed Conditions Affecting Performance. The Contractor hereby agrees to immediately notify the City of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this Agreement. 29. Termination. Page 6 of 11 54 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF A. Termination for Convenience. The City and/or the Contractor may suspend or terminate this Agreement, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other Party. The City and the Contractor shall agree upon the Agreement termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. However if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the City may terminate the award in its entirety. The Parties may terminate this Agreement for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. The City determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The Contractor is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of Inational defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The Contractor is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the Contractor; or 5. The State Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project; 6. In the case of termination for convenience under subsections A. 1-5 above, the City shall reimburse the Contractor for all costs payable under this Agreement that the Contractor properly incurred prior to termination. The Contractor shall promptly submit its claim for reimbursement to the City. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. B. Termination for Default. The City may suspend or terminate this Agreement for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the Contractor, if the Contractor materially breaches or fails to perform any of the requirements of this Agreement, including: 1. Takes any action pertaining to this Agreement without the approval of the City, which under the procedures of this Agreement would have required the approval of the City; 2. Jeopardizes its ability to perform pursuant to this Agreement, United States of America laws, Washington state laws, or local governmental laws under which the Contractor operates; 3. Fails to make reasonable progress on the Project or other violation of this Agreement that endangers substantial performance of the Project; or 4. Fails to perform in the manner called for in this Agreement or fails, to comply with, or is in violation of, any provision of this Agreement. The City shall serve a notice of termination on the Contractor setting forth the manner in which the Contractor is in default hereunder. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the Contractor, such as a strike, fire or flood, the City may: (a) allow the Contractor to continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a termination for convenience. C. The City, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor ten (10) business days, or such longer period as determined by the City, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is Page 7 of 11 55 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF permitted and other appropriate conditions. If the Contractor fails to remedy to the City's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, the City shall have the right to terminate this Agreement without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. D. In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Agreement, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. E. If this Agreement is terminated before the specified end date set forth in the caption header, "Term of Agreement", the City and the Contractor shall execute an amendment to this Agreement identifying the termination date and the reason for termination. DATED this 2nd day of December , 20 22 CITY OF TUKWILA CONTRACTOR 8 Do 8m 108, 37228024 00:co 8ee,;(81o1:2(2002-4885:1871,4 NG Man Ekberg, Mayor 12-06-2022 ATTEST/AUTHENTICATED: eSognedmaSoamleoeDoco.com ehtedt- 0.67(elheAty Key: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: eSmnedmaSoarns.coln ae. qsaileK Office of the City Attorney By: r---DocuSigned by: ,attrr Geoff Crumptoo Printed Name and Title: 8990 154th Ave NE, Redmond, WA 98052 Address: Page 8 of 11 56 2023 Regional Mobility Grant Program Exhibit A — Scope of ork Activities and Services Hopelink will supplement and enhance the City of Tukwila's current Transportation Demand Management (TDM) Program by providing outreach across South King County including both in - person and virtual engagement, and partnership development. Several strategies for this project include: • Education & Outreach: provide travel options training for residents and transportation users in south King County, specifically in Tukwila, Burien, Des Moines, Kent, Renton, and SeaTac. o This programing will be designed to provide education and resources on sustainable transportation options, including but not limited to transit, active transportation, and ridesharing options. o Priority locations include multi -family housing, educational sites, low-income housing, senior/community centers, and other destinations frequented by our priority populations. Priority populations include historically marginalized communities; Black, Indigenous, and people of color; seniors; people with lower incomes; people with disabilities; immigrants and refugees; English language learners; youth; and veterans. There will be a focus on partnering with other agencies that support immigrants and refugees. o Create new outreach opportunities tailored for the region to better serve South King County. Assist in ensuring the reduced fare ORCA options are included in all education and outreach opportunities. This can include partnering with Public Health/ORCA LIFT and utilizing King County Metro resources such as Neighborhood Pop-up and the reduced fare portal. o Engage with youth to encourage transit ridership with the new fare -free policies. o All events will be done in accordance with local health guidelines regarding in - person engagement. o Create individualized transportation/mobility plans during outreach that allow individuals to better utilize transportation in the community. o When technology is available, leverage the One-Call/One-Click platform to support multimodal trip planning and eligibility determination. Collateral Creation: in partnership with Tukwila staff, develop collateral materials such as brochures and flyers to support transportation education. Page 9 of 11 57 o Include a Social Media Toolkit that can be used for cross promotion and engagement. Administer a simple transportation survey during in -person and virtual outreach. o Encourage survey completion at outreach events and perform any data entry for completed paper surveys. o Conduct follow up phone calls on transportation resources with reward program participants that do not provide an email address. o Note: Tukwila staff is responsible for the survey creation and translation into top languages. Distribute rewards/incentives (such as ORCA cards) to the South King County Community. This will be designed to help connect individuals with transit fare that best suits their needs. This includes connecting individuals to reduced fare options, reduced fare portal or an agency that can assist in enrolling them in the right transit fare. o ORCA Cards will be provided by the City of Tukwila. Pilot additional programs as they arise including but not limited to Community Transportation Navigators and working with Hopelink's One-Call/One-Click Platform. Participate in local stakeholder groups to share information and promote TDM practices. Implement additional TDM approaches as appropriate. Deliverables This project will have the following deliverables: • A mutually agreeable performance measurement plan, including the number of outreach events and number of customers served. • Monthly outreach tracking sheet with event list and metrics. • Quarterly status report that includes completed activities, summary of planned activities, and a description of issues, risks or challenges, and resolutions. • Final report of findings that includes: o Summary of accomplishments o A list of partnering organizations o Detailed lessons learned from the project o Estimated number of outreach events and customer interactions o Qualitative customer feedback from end -users and partner organizations o Number of transportation surveys completed or facilitated Page 10 of 11 58 2021-2022 Regional Mobility Grant Program Exhibit B — Costs and Payments Payments Invoices shall be submitted at least quarterly by Hopelink. Payments will fully reimburse Hopelink for costs associated with this project, as described in the budget below. Invoices shall be paid by the City within 30 days of receipt. Item Cost 1. Labor costs (including direct salary/wages and benefits at 0.30 FTE and .10 FTE for 13 months) $29 000 2. Programming Costs (program/office supplies, printing, translation, and mileage) $4 000 3. Indirect (indirect allocations, rent, telephone, IT, misc.) at 15% $5 000 TOTAL $38,000 Page 11 of 11 59 60 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes November20, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi Staff Present: Hari Ponnekanti, Catrien de Boer, Cyndy Knighton, Laurel Humphrey, Seong Kim, Alison Turner I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Valley View Sewer District Franchise Agreement Staff is seeking approval of a Franchise Agreement with Valley View Sewer District, which is the last significant water/sewer utility without a completed agreement. Committee Recommendation Unanimous approval. Forward to November 27, 2023 Committee of the Whole. B. Consultant Agreement: Local Road Safety Plan Staff is seeking approval of an agreement with Fehr & Peers in the amount of $249,705 for engineering services in conjunction with a Local Road Safety Plan for use in the Transportation Element of the Comprehensive Plan. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. C. Consultant Agreement: Southcenter Boulevard/65t" Avenue South Signal Staff is seeking approval of an agreement with KPG-Psomas in the amount of $199,721 to provide signal design and engineering services for the project. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. D. Agreement: Transportation Demand Management Outreach Services Staff is seeking approval to amend the TDM outreach service contract with Hopelink to * extend it through June 30, 2025 and add $165,000 to the budget for the time extension. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. The meeting adjourned at 6:19 p.m. TS Committee Chair Approval Minutes by LH 61