CON0000033 - 4/1/2017 - COV Emergency Ride Home �� CONTRACTS & AGREEMENTS Record No.
auras Required Information oNEW/19
WASHINGTON Cover Sheet ❑ REPLACEMENT
® EXISTING
The original paper copy of ALL Camas contracts/agreements/amendments are to be retained in the City' s centralized filing system ,
managed by the City Clerk's Office.
• RES No . 16-009 , contract and agreement thresholds - authorizes Mayor/designee to enter into/execute the following contracts/
agreements without individual approval of each contract/agreement by City Council :
o Professional Service Contracts/Agreements - including , but not limited to contracts/agreements for architectural ,
engineering , legal and consulting services involving a cost or fee of less than $50 ,000.
o Maintenance/Service Contracts - for nonprofessional services involving a cost or fee of less than $50 , 000.
o Lease Agreements - for materials , supplies and equipment where expenditures or fee do not exceed $50, 000 per year.
o Public Works Projects - Small Works Roster Projects with a single trade involving expenditures of less than $ 100, 000 and
Small Works Roster Projects with multiple trades involving expenditures of less than $ 150 ,000 .
o Public Works Projects - Capital Major Maintenance Projects in excess of limits set forth above will proceed to Council for
approval .
o Change Orders — Mayor/designee has the authority to execute Change Orders up to 10% of contract total , provided they are
within limits of original contract and consistent with scope and intent of authorized project.
*** FILL OUT ALL APPLICABLE FIELDS AND ENSURE REFERENCED EXHIBITS ARE ATTACHED ***
City Staff Contact (Responsible) Staff Contact Phone # Staff Contact Title
Leisha Copsey 360 .817.7014 or ext 4414 HR Assistant
Contracting AgencylParty Contracting Agency Contact Contact Phone / Email
City of Vancouver Jan Bowers 360 .487.7733 /
jan . bowers@cityofvancouver. us
City Department/Division Dept, Admin Assistant Additional / Other Contact Information
Admin Services/HR Leisha Copsey Jan Bowers administers the CTR Program
Type of ❑ Construction/Small Works Project No Additional Contract Information (key words, other agency-related ,
Contract ordinance , amendment no . to original contract dated)
❑ Consultant/Professional Services Key words - Commute Trip Reduction J
❑ Contract for Services �
[] Grant
N Interlocal Agreement (ILA) Recording Number & If Council Approval Required (see limits above), provide date of
❑ Franchise Agreement Date Council approval : RES No.
❑ Development Agreement Budget Funded Account #
❑ Amendment/Supplement to
Contract No . OR
[] Other (type) Other Funding Source:
Contract Start Date Expiration Date ContractlProject Terms of Renewal or Termination & Extensions
4/1117 Completion Date ( REQUIRED) Provide written notice of
termination to other party at least 30
days prior to effective date of such
termination
Original or Copy Media Type Specific Location of Record
❑ Original N Copy N Paper ❑ Electronic ❑ CD-DVD ❑ Network Location
❑ Eng . Copy ❑ Video/Audio Tape ❑ Flash Drive ❑ Building Cabinet Number
If copy, where is original? ❑ Other N Additional Copy Locations G/Admin/Admin
unknown Services/CTR/EHR Program
FOR ADMINISTRATIVE ASSISTANT USE ONLY
Disposition Authority # (DAN) (REQUIRED) Records Series Title Retention/Dispo- Event Cut-off & Date
GS50-01 -11 Contracts/Agreements sition Action
Retain 6 yrs
after
expiration
then destroy
Designation/Remarks Comments
N Essential ❑ Archival-Appraisal Req ' d ❑ Archival-Permanent Current contract - destroy according to retention
N Non-Archival , Destroy After Retention Met ❑ Confidential schedule when terminated or replaced with new
❑ Other contract/amendment
Routing Signatures/Initials: EXEMPT INFORMATION (statute and page Nos) :
➢ City Attorney Click or tap here to enter text .
➢ City Administrator
Emergency Ride Home Program Agreement
Between
CITY OF VANCOUVER (Clark County Commute Trip Reduction Program)
and CITY OF CAMAS
This Agreement is made and entered into by and between the CITY OF VANCOUVER, a municipal
corporation formed under the laws of the State of Washington , (hereinafter referred to as "City ') and
CITY OF CAMAS (hereinafter referred to as " Company") and mutually referred to as the "Party" or
"Parties" .
The Commute Trip Reduction (CTR) program is funded through a grant from Washington State
Department of Transportation . The City of Vancouver administers the CTR program for the
following local jurisdictions : City of Camas , City of Vancouver, City of Washougal and Clark
County.
1 . PURPOSE OF AGREEMENT
The purpose of this Agreement and Attachments A and B , which are incorporated herein, is to define
the responsibilities of the City and the Company under the City' s Emergency Ride Home Program
(hereinafter referred to as "the program") that is set forth in the Interlocal Agreement for Commute
Trip Reduction which is attached to and incorporated by reference into this Agreement .
This Agreement, and all referenced and incorporated documents , sets forth the rights and duties of
the City and Company with respect to the subject matter thereof and replaces any and all previous
agreements or understandings, whether written or oral , relating thereto . This Agreement may be
amended only as provided for in Section 9 .
2 . DEFINITIONS
An "eligible employee" is someone who must have traveled to work by any nonsingle-occupancy
vehicle mode on the day they wish to use the service .
"Nonsingle-occupancy vehicle mode [ s] " include : carpool , vanpool, bus , light rail , walking,
bicycling, and other City pre-approved alternatives .
The "Program Coordinator" shall mean the Company' s designated staff person(s) or office
responsible for administering the program for each shift.
3 . PROGRAM DURATION
The program will begin the date of Agreement execution ( Section 16) and continue until one or both
parties decide to terminate the contract as provided for in Section 9 , or until program funding
maximums are reached as provided in Section 7 .
1
4 . ELIGIBLE TRIPS DEFINED
The program may be used only in the following situations to transport the Eligible Employee home
or to another destination :
a. Eligible Employee ' s or family member ' s unexpected illness .
b . Working late unexpectedly (Eligible Employee learns that day he/she must work late
that day) , such that the normal ride will not be available . Subsequent overtime days
known to the employee will not be eligible .
C * Missing the normal ride home for reasons outside the Eligible Employee ' s control , for
example , carpool driver had an emergency, transit user missed the bus home, etc .
d . Other emergency situations or unanticipated schedule changes which occur during the
workday.
Further eligibility guidelines are set forth in Attachment Be
This program shall not be used for transportation in cases of work-related employee injury or illness
when use of an ambulance is more appropriate . The program shall not be used for transportation in
case of employee employment termination .
Each Eligible Employee will be subject to a three (3 )-trip limit per year, with a 50 -mile trip
limitation one way. Eligible Employee shall pay the remainder of the fare beyond 50 miles .
5 . ABUSE OF THE PROGRAM
The City may investigate service and shall have the right to recover costs from the Company for their
employees ' abuse of the program . The City reserves the right to terminate the program at the
Company in cases of persistent abuse as determined by the City consistent with the provisions set out
in Section 9 of this Agreement. Employees ' abuse is defined as : using the program for inappropriate
trips , taking trips for scheduled appointments , taking trips with unauthorized intermediate stops or
unauthorized destinations, and scheduling trips and failing to appear for whatever reason without
notifying the taxi company. The City shall also have the right to recover costs from the Company
who knowingly, willfully, or intentionally violates the terms of this Agreement by authorizing
inappropriate trips or failing to fulfill their responsibilities as described in this Agreement.
6 . CITY OF VANCOUVER ' S RESPONSIBILITIES
CITY OF VANCOUVER shall :
a. Arrange for taxi service for eligible employees for eligible trips . The parties understand
and agree that the City is not responsible for providing transportation services under the
program . The provision of the taxi service and its quality and reliability shall be the sole
responsibility of the taxi service provider, and the City shall not be liable for any claims
relating to use of taxi services including, but not limited to , claims of injury or damages
2
related to an individual ' s need for or use of the service .
b . Provide the Company with brochures to inform and instruct its employees about the
program .
c . Provide the Program Coordinator with the program vouchers , written procedures for
accessing service , and written guidelines for determining service legitimacy (see
Attachments A and B ) .
d. Pay taxi fares incurred by Eligible Employees for eligible trips . The City will not pay for
the cost of the driver' s gratuity, which is at the discretion of, and to be paid by, the
passenger.
7 . PROGRAM FUNDING
The City shall provide funding for the program . In no event shall total cost of service for any
calendar year exceed a total sum of $ 1 , 000 per participating Company or $ 3 , 000 for all participating
Companies combined (excluding sales tax) except through a written amendment to this Agreement
signed by both parties and attached hereto .
8 . COMPANY ' S RESPONSIBILITIES :
The Company shall :
a. Designate the Program Coordinator responsible for administering the service for each
shift at the Company, providing for the possibility that person(s) may occasionally be
unavailable . In this occurrence, an alternate Program Coordinator will be designated.
b . Confirm eligibility of trip request based on this Agreement including, but not limited to ,
Attachment B and the program materials provided by the City.
c . Access service through a designated service provider and give the dispatcher necessary
information as detailed in Attachment A .
d . Keep a complete record of all service requests such that the City can track program
usage and check employer records with those provided by the taxi company.
e . Track individual employee ' s use of the program to ensure that none exceed the three (3 )
-trip limits or 50 -mile one-way trip limitation .
f. Participate in the evaluation process by providing information mentioned above and
allowing the City to survey or conduct focus groups among the Company ' s employees .
g. Comply with the terms of this Agreement, the Interlocal Agreement, and the procedures
as set out in incorporated Attachments A and B .
3
9 . AMENDMENTS AND TERMINATION OF AGREEMENT
This Agreement and any of its terms or provisions may be amended by written agreement of the
parties . All amendments to this Agreement shall be in writing and signed by the persons authorized
to bind the parties to this Agreement and as provided herein .
The Agreement may be terminated by either The City or the Company for convenience and without
cause by giving written notice of such termination to the other party at least thirty (30) days prior to
the effective date of such termination .
The City shall have the right to terminate the Agreement immediately if the Company places the City
or the public at undue risk as determined by the City ; if the Company is persistently abusing the
program as determined by the City ; or if funding maximums are reached as defined in Section 7 .
10 . ATTORNEY ' S FEES AND COSTS
If any legal proceeding is brought for the interpretation or enforcement of this Agreement or because
of an alleged dispute , breach, default, or misrepresentation in connection with any of the provisions
of this Agreement, the prevailing parry shall be entitled to recover from the other parry, in addition to
any other relief to which such party may be entitled, reasonable attorney' s fees and others costs
incurred in such action or proceeding .
11 . HOLD HARMLESS AND INDEMNIFICATION
The Company shall take all precautions necessary and shall be responsible for the safety of its
employees , agents , and sub-consultants in the performance of this Agreement. The Company shall
defend, save and hold harmless the City of Vancouver, its officers, agents , employees and assigns
from any claims , damages , losses , liability or expenses (including attorney ' s fees) which arise from
the negligent performance of this Agreement, except those claims , damages , losses , liability, or
expenses which arise from the sole negligent acts or omissions of the City, its officers , agents ,
employees or assigns .
12 . SUCCESSORS AND ASSIGNS
This Agreement and all terms , provisions , conditions, and covenants hereof shall be binding upon the
parties hereto and their respective successors and assigns . The Company, however, agrees that it will
not assign or delegate the duties to be performed under this Agreement to an outside contractor
without prior written approval from the City .
13 . INDEPENDENT CAPACITY
At all times and for all purposes of this Agreement, each party shall act in an independent capacity
and not as an agency, joint venture , or representative of the other parry.
14 . APPLICABLE LAW AND FORUM
Each party ' s performance shall comply with all applicable federal , state, and local laws , regulations ,
4
and ordinances . In the event of any litigation under this Agreement, the parties agree that venue shall
rest in the Superior Court of Clark County, Washington, and the Company hereby submits to
personal jurisdiction therein.
15 . ENTIRE AGREEMENT
This constitutes the entire agreement of the parties, including all oral understanding, on the subject of
their general and overall relationship . However, the parties may negotiate a new agreement as
required, and either party may enter into other standalone agreements on specific subjects .
16 . EXECUTION OF AGREEMENT
This Agreement shall be effective as April 1 , 2017 . This Agreement shall be executed in two (2)
counterparts, any one of which shall be regarded for all purposes as the original .
CITY OF VANCOUVER CITY OF CAMAS
PO Box 1995 616 NE 4th Ave
Vanco WA 986 8- 5 Camas, WA 98607
Signer for couver Signer for CITY OF CAMAS
3C � � i�
Date Date
Attest :
a 40
R. Lloyd Tyler, 4&ffy Clerk
By: Carrie Lewellen, Deputy City Clerk
Approved as to form .
E . Bronson Potter, City Attornevy
5
ATTACHMENT A
Program Coordinator Instructions
How to access Emergency Ride Home service :
1 . Determine valid need for service by employee (see Attachment B , Guidelines) .
2 . Make sure employee possesses a photo ID (driver ' s license , employer ID) .
3 . Fill out all requested information on the program voucher for the employee, including date ,
trip time requested, employee ' s name , organization ' s name , type of alternative mode used for
work commute , reason for emergency pick up , your name , pick-up address and location ,
destination address or name , any intermediate stops , and the reason the trip was requested .
4 . Contact a service provider as directed in program materials .
5 . Tell the operator who answers that you are requesting CITY OF VANCOUVER Emergency
Ride Home service .
6 . Identify yourself and your employer, and give the operator the employee ' s name , pick-up
address and location, and the time the taxi is needed. Inform the dispatcher if an intermediate
stop has been authorized .
7 . Remind the operator to have the driver confirm the passenger ' s destination and identity by
checking the name on the program voucher with the passenger ' s photo ID .
8 . Retain the goldenrod copy of the voucher as part of your program records . Give the white ,
pink, and yellow copies to the employee to submit to the taxi driver and for their own records .
9 . Remind the employee that the driver may request photo ID .
10 . Tips are at the discretion of the employee and will not be reimbursed .
11 . Discourage employees from requesting a taxi ride if they are unsure they will use it. CITY OF
VANCOUVER pays a fee for "no -shows . " If for some unavoidable reason the employee does
not show up for the taxi ride, contact CITY OF VANCOUVER as soon as possible .
6
ATTACHMENT B
Guidelines for Determining Legitimacy of Service Request
CITY OF VANCOUVER' S Emergency Ride Home Program should be used in the following
situations to transport an employee from work to home or another destination :
1 . Employee ' s or family member ' s unexpected illness .
2 . Working late unexpectedly (employee learns that day he/she must work late that day) , such
that the normal ride will not be available . Subsequent overtime days known to the employee
will not be eligible .
3 . Missing the normal ride home for reasons outside the person ' s control, e .g. , carpool driver had
an emergency; transit user missed the bus home , etc .
4 . Other emergency situations or unanticipated schedule changes which occur during the
workday.
Note : Unless approved by the Program Coordinator, an intermediate stop is not allowed.
Program Limitations : Three (3 ) -trip limits per employee per year; a 50 -mile trip limitation one
way (employee will pay the remainder of the fare after 50 miles) .
Examples of circumstances in which Emergency Ride Home is not to be used include :
1 . Prescheduled doctor or other appointments .
2 . Transporting employees who have incurred injuries or illness related to their occupation when
using an ambulance is appropriate . Taxis should never be used in lieu of an ambulance and
taxi service is not intended to replace an employer' s legal responsibility under workers '
compensation regulations .
3 . Other situations in which, in the opinion of the Program Coordinator, alternate transportation
could have been arranged in advance .
4 . Transporting employees because of scheduled overtime .
5 . Employee terminated from employment.
The Program Coordinator will have some power of discretion in this program . It may occasionally be
necessary for the Program Coordinator to judge whether a unique situation constitutes a true
emergency. Coordinators may contact the Commute Trip Reduction Coordinator, CITY OF
VANCOUVER' S Emergency Ride Home Program representative , at (360) 487-7733 weekdays
between 8 a. m . and 5 p . m . for assistance in these situations .
7