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061-22 - Resolution - Agreement with Kitsap Transit for Ride Home ProgramDocuSign Envelope ID: 7F63122A-2046-46A0-BEDB-CDE51034086D RESOLUTION NO. 061-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KITSAP TRANSIT FOR THE GUARANTEED RIDE HOME PROGRAM. WHEREAS, the City of Port Orchard voluntarily participates in the State Commute Trip Reduction Program to encourage employees to utilize means other than single -occupancy vehicles to commute to work; and WHEREAS, a guaranteed ride home through Kitsap Transit in case of an emergency is currently offered for registered "smart commuters" who commute by walking, bicycling, car/vanpooling, or taking the bus/ferry; and WHEREAS, Kitsap Transit has provided an update to the Agreement between City of Port Orchard and Kitsap Transit regarding the Guaranteed Ride Home Program; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor is authorized to execute an Agreement with Kitsap Transit substantially in the form attached hereto as Exhibit A for the Guaranteed Ride Home Program. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 14t" day of June 2022. ATTEST: DocuSigned by: Brandy Wallace, MMC, City Clerk L9 DocuSigned by: bt*f Pu�a�ain, Wu , Robert Putaansuu, Mayor , `9ORT OrRC OV R40 R = SEALS ��`'� ti11At';N�``�, DocuSign Envelope ID: 7F63122A-2046-46A0-BEDB-CDE51034086D AGREEMENT TO SUBSCRIBE TO KITSAP TRANSIT'S GUARANTEED RIDE HOME PROGRAM Contract No. 082-22 THIS AGREEMENT is made and entered into this 14th day of June 2022 by and between KITSAP TRANSIT, a Washington municipal corporation, (hereinafter referred to as "TRANSIT"), and CITY OF PORT ORCHARD, (hereinafter referred to as "THE EMPLOYER"), hereinafter jointly referred to as the "PARTIES". RECITALS A. TRANSIT is responsible for the administration of the Commute Trip Reduction Laws in Kitsap County. These laws aim to decrease air pollution and traffic congestion by reducing the number of commute trips made by single -occupant vehicles; and B. Commute Trip Reduction surveys have shown that a substantial number of employees working in Kitsap County would use alternative transportation if they were guaranteed an immediate ride home in case of an emergency; and C To encourage all employees in Kitsap County to use alternative transportation, such as, walking, bicycling, car/vanpooling, taking the bus, or ferry (as a walk-on only passenger) to work, TRANSIT developed a Guaranteed Ride Home (GRH) Program; and D. Under the above GRH Program, TRANSIT shall arrange and pay the authorized fare for local service providers to provide an immediate ride home in case of an emergency to all eligible employees; and E. THE EMPLOYER hereby desires to participate in TRANSIT'S GRH Program. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, TRANSIT and THE EMPLOYER agree as follows: RECITALS The recitals set forth above, constituting the basis of this AGREEMENT of the PARTIES, are incorporated herein by reference, as fully set forth. 2. SCOPE OF AGREEMENT The purpose of this AGREEMENT is to define the responsibilities of the PARTIES under TRANSIT'S Guaranteed Ride Home Program, hereinafter referred to as the "PROGRAM". 3. TERM The term of this AGREEMENT shall be for two (2) years from the date entered above. 4. TERMINATION Either PARTY may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least sixty (60) days prior to such date. 1 Rev. 5/23/22 DocuSign Envelope ID: 7F63122A-2046-46A0-BEDB-CDE51034086D EXTENSION Unless written notice of termination is delivered by either PARTY hereto sixty (60) days prior to the date of termination, this AGREEMENT shall extend on an annual basis thereafter until terminated by either PARTY hereto upon sixty (60) days prior written notice delivered to either PARTY hereto. 6. TRANSIT'S RESPONSIBILITIES TRANSIT shall: A. Arrange for a transportation service provider prior to the effective date of this AGREEMENT. Any transportation service provider under the PROGRAM shall be capable of providing accessible vehicles to the standards of the Americans with Disabilities Act; B. Inform THE EMPLOYER'S Employee Transportation Coordinator (ETC) of the transportation service providers participating in the PROGRAM prior to the effective date of this AGREEMENT; C. Provide THE EMPLOYER with materials to inform and instruct its employees on how to use the PROGRAM, its benefits, and how it is to be administered; D. Provide THE EMPLOYER'S ETC's with written guidelines on how to arrange service for eligible employees and how to determine whether or not an employee or trip is eligible for service; and E. Pay service providers for all authorized GRH rides, excluding cost of "no-shows" and gratuity. 7. THE EMPLOYER'S RESPONSIBILITIES THE EMPLOYER shall: A Provide TRANSIT with a list of all eligible employees; B. Designate an on -site Employee Transportation Coordinator (ETC). This designation should include provisions for an alternate contact if the ETC is unavailable, a contact should be available for all applicable shifts the EMPLOYER offers. THE EMPLOYER must provide TRANSIT with written information designating the. ETC and alternate contact(s) prior to the effective date of this AGREEMENT; C. Train the ETC in how to administer the PROGRAM and how to confirm the eligibility of employees and trips; D. Instruct the ETC in how to access service through a designated transportation service provider; and 2 Rev. 5/23/22 DocuSign Envelope ID: 7F63122A-2046-46A0-BEDB-CDE51034086D E. Pay TRANSIT a flat rate of twenty dollars ($20.00) for the cost of each employee no-show. A no-show occurs when THE EMPLOYER'S ETC calls a taxi for a Guaranteed Ride Home trip for an employee and the employee fails to meet the taxi at the agreed place and time. ELIGIBLE EMPLOYEES To receive a ride under the Guaranteed Ride Home Program, an employee must be eligible. To be eligible, an employee must first be registered with Kitsap Transit as a "Smart Commuter". A Smart Commuter is an employee that commutes to work using alternative transportation, other than a single -occupant vehicle, at least three (3) days per week. 9. ELIGIBLE TRIPS An eligible employee may receive a PROGRAM ride from the work site to the employee's home, or other destination if approved by the ETC, under any of the following conditions: A. The employee or a member of the employee's family becomes unexpectantly ill and the employee needs to go home. The PROGRAM shall not take the place of THE EMPLOYER'S legal responsibilities to arrange transportation in cases of work - related employee injury or illness. B. The employee unexpectedly works late at the request of a supervisor. Unexpectedly means that the employee was not expecting to work late on the day of the request. C. The employee missed connections with his/her planned ride home due to an unexpected change in the schedule of others. D. Any other emergency situations where an eligible employee needs to use the Guaranteed Ride Home Program and the ETC deems the trip to be an appropriate use of the Program. 10. TRIP LIMITS TRANSIT shall pay for any authorized Guaranteed Ride Home trip that originates from THE EMPLOYER'S worksite in Kitsap County, to any destination within Jefferson, Kitsap, Mason, Pierce, or Thurston County (excludes King County). If the trip uses the Washington State Ferries, the employee will be dropped at the ferry terminal and the employee shall be responsible for the cost of the ferry trip. Each Eligible Employee should not exceed eight (8) GRH rides per twelve (12) month period. There is a 60-mile trip limitation one way (employee will pay the remainder of the fare beyond 60 miles). TRANSIT shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of the Eligible Employee taking the GRH ride. 11. SERVICE PROVIDER The PARTIES understand and agree that TRANSIT is not responsible for providing transportation services under the PROGRAM. The provision of transportation service and its Rev. 5/23/22 DocuSign Envelope ID: 7F63122A-2046-46A0-BEDB-CDE51034086D quality and reliability shall be the sole responsibility of the service provider and TRANSIT shall not be liable for any claims of injury or damages related to an individual's need for, or use of, the service. 12. ABUSE OF PROGRAM TRANSIT reserves the right to terminate this contract due to persistent abuse of the rules of the PROGRAM and/or policies by either THE EMPLOYER or its EMPLOYEES. 13. CHANGES Either PARTY may request changes to this AGREEMENT; however, no change or addition to this AGREEMENT shall be valid or binding upon either PARTY unless such change or addition be in writing and signed by both PARTIES. Such amendments shall be attached to and made a part of this AGREEMENT. 14. ENTIRE CONTRACT The PARTIES agree that this AGREEMENT is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this AGREEMENT shall be in writing and signed by both PARTIES. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Forgiveness of the non-performance of any provision of this AGREEMENT does not constitute a waiver of the provisions of this AGREEMENT. In WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be executed as of the date first written above. EMPLOYER: City of Port Orchard Kitsap Transit DocuSigned by: By: PbUt POMA,SW By, 1. FROF8ARrDQF7AFF _,4Z= NAME: Robert Putaansuu John W. Inlauson TITLE: Mayor SEAL Ado Executive Director 4 Rev. 5/23/22