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HomeMy WebLinkAbout001-94 - Kitsap Transit - ContractAGREEMENT TO SUBSCRIBE TO KITSAP TRANSIT'S GUARANTEED RIDE HOME PROGRAM THIS AGREEMENT is made and entered into this nth day of December 1994 by and between KITSAP TRANSIT, a Washington municipal corporation, (hereinafter referred to as "TRANSIT"), and CITY OF PORT O^CHARD , (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. B. Commute Trip Reduction surveys have shown that many employees would use alternative transportation if they were guaranteed an immediate ride home in case of an emergency. C To encourage all employees in Kitsap County to use alternative transportation, such as, walking, bicycling, car/vanpooling or taking the bus to work, TRANSIT has developed a Guaranteed Ride Home Program. D. TRANSIT shall arrange for service providers to provide Guaranteed Ride Home service to eligible employees of Kitsap County employers. TRANSIT will pay the authorized fare. E. THE EMPLOYER hereby desires to participate in TRANSIT'S Guaranteed Ride Home 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. page 1 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". TERM The term of this AGREEMENT shall be for one (1) year 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 ninety (90) days prior to such date. 5. EXTENSION Unless written notice of termination is delivered by either PARTY hereto ninety (90) days prior to the date of termination, this AGREEMENT shall extend on an annual basis thereafter until terminated by either PARTY hereto upon ninety (90) days poor wntten notice delivered to either PARTY hereto. a 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. E. Pay service providers for all authorized Guaranteed Ride Home rides, excluding employee "No -Shows". page 2 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 in the event that the ETC is unavailable. THE EMPLOYER must provide TRANSIT with written information designating the ETC 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. E. Maintain a complete record of all requests for PROGRAM service and provide a copy of this record to TRANSIT each month to assist TRANSIT in evaluating frequency of use and consistency of THE EMPLOYER'S and service provider's records. Pay TRANSIT a flat rate of seven (7) dollars 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. 8. ELIGHILE 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 TRH'S An eligible employee may receive a ride under the PROGRAM from the work site to the employee's home, or other destination if approved by the ETC, under any of the following conditions: A. Unexpected illness of the employee or member of the employee's family. 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. page 3 1 1 B. The employee unexpectedly works late at the request of a supervisor. Unexpectedly working late means that the employee is requested 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 only for that part of a Guaranteed Ride Home trip that is within Kitsap County. If the trip uses the Washington State Ferries, the employee shall be responsible for the cost of the ferry trip. 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 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 may investigate PROGRAM use, and shall have the right to recover costs from THE EMPLOYER for its employees' intentional abuse of the PROGRAM. TRANSIT reserves the right to terminate THE EMPLOYER'S PROGRAM participation in cases of persistent abuse. Occurrence of any of the following may constitute intentional abuse: A. A ride for an ineligible trip such as a trip to a scheduled appointment; or B. A trip with unauthorized intermediate stops or an unauthorized destination. 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. page 4 1 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. CITY OF PORT ORCHARD B d-o - &�'� MAYOR page 5 r Service Development Manager