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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