082-22 - Kitsap Transit - ContractDocuSign Envelope ID: 82DE8E77-CEC3-4804-98AD-4634372B76E3
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.
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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
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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
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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: 9e�U� POMAASW By.
L�
1. FF;QFRRRrnOF:74FF
NAME: Robert Putaansuu John W. 6auson
TITLE: Mayor
_SEAL
Executive Director
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