Vanpool Program Participation Agreement and Guidelines

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TERMS AND CONDITIONS

The San Diego Association of Governments (SANDAG) Vanpool Program is administered by iCommute. iCommute is the Transportation Demand Management Program for the San Diego region. iCommute encourages use of transportation alternatives to help reduce traffic congestion and greenhouse gas emissions. iCommute offers a monthly financial incentive to qualifying commuter vanpools to offset the cost of their vehicle lease.

This SANDAG Vanpool Program Participation Agreement (Agreement) sets forth the terms, conditions, and responsibilities of the volunteer participants in the SANDAG Vanpool Program (Program). The term “Volunteer Participant” (Participant) shall refer to all persons that participate in the Program and benefit from the SANDAG monthly financial incentive. Participants also must have a valid vanpool vehicle agreement with an authorized SANDAG Vanpool Vehicle Supplier (Enterprise Rideshare or vRide, collectively referred to as Supplier). The Supplier refers to the vanpool leasing agencies authorized by SANDAG to participate in the Program.

By participating in the Program, each Participant acknowledges and agrees to abide by the following terms and conditions and any subsequent updates or amendments. The current version of the Agreement and Participation Guidelines is available at 511sd.com/iCommute.

Volunteer Participant

Participant shall be considered a volunteer under the law. Participant acknowledges that participation in the Program is strictly voluntary and that such participation is not acting in or required by the course and scope of official company business, nor does it in any manner establish an employer-employee or an agency relationship with SANDAG.


 

Reporting

Participant shall record and maintain records and complete surveys as required by the Program, using required forms and formats as provided by SANDAG or the Supplier, and submit these records to SANDAG as instructed and scheduled by SANDAG or the Supplier.


Public Access

Participant shall cooperate and act to ensure that no person shall be denied the opportunity to participate in, nor be subject to discrimination in the conduct of the vanpool because of race, creed, color, sex, age, sexual orientation, disability, employer group, or any other protected class under state or federal law. Any acts of discrimination shall be reported to SANDAG immediately by contacting SANDAG at vanpool@sandag.org or (619) 699-0706.


Indemnification

Participant, in consideration of the request and permission to participate in the Program, hereby assumes full responsibility and all risk of injury or loss, including death, which may result from participation in this Program.

Neither SANDAG, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the Participant under or in connection with this Agreement. The Participant shall fully indemnify, defend, and hold SANDAG and its officers, agents, and employees harmless from and against any liability and expenses including, without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, any legal fees and any claims for damages of any nature whatsoever arising out of Participant’s participation in the Program, including without limitation: (a) breach of Participant’s obligations under this Agreement; or (b) any act or omission of Participant, or their employer, officers, agents, employees, or subcontractors in connection with its participation in the Program. Nothing in this Agreement shall be construed to give rights to any person or entity that is not a party to this Agreement.


Term of Agreement

The Agreement shall be effective as of the date the Participant joins the Program and accepts the SANDAG monthly financial incentive, and shall continue in full force until one of the parties terminates the Agreement by giving the Supplier written notice.


Termination by SANDAG

SANDAG retains the right to discontinue Participant enrollment and terminate this Agreement immediately or withhold subsidy payments, pursue claims, demands or lawsuits against, or seek prosecution of any Participant for any of the following reasons:

  1. Misrepresentation of vanpool operation and/or inappropriate use of the Program services.
  2. Failure to submit daily, monthly, and other scheduled records to SANDAG as required.
  3. The operation of the vehicle becomes inconsistent with Program eligibility requirements.
  4. Failure to provide timely responses to reasonable requests for information such as, but not limited to, those listed in the Agreement.
  5. Failure to abide by this Agreement and/or the most current version of the SANDAG Vanpool Program Participation Guidelines, which can be modified from time to time with the latest version found at 511sd.com/iCommute.
  6. Discontinuance of vanpool operation during the term of Agreement. Termination notification shall be confirmed by telephone, electronic mail, or by postal mail service to the current address on record.

Miscellaneous

  1. SANDAG does not get involved as an arbiter of disputes among vanpool passengers.
  2. Participant acknowledges and understands that the Program provides ridesharing referral services for vanpool seat availability without screening the character or background of referrals. SANDAG shall have no responsibility or liability for any acts or omissions of vanpool passengers or referrals.
  3. Complaints related to safety should be directed to the Supplier and the Supplier will investigate the complaint within two business days. Drivers that exhibit unsafe driving practices may lose their driving privileges.
  4. This Agreement and the SANDAG Vanpool Program Participation Guidelines contain all the terms and conditions of the Agreement between SANDAG and the Participant and shall supersede all prior verbal or written agreements and understandings between the Parties with respect to the Program.
  5. The captions or headings on any paragraphs in this Agreement are for reference only and do not affect any of the terms and conditions of this Agreement.
  6. Nothing in this Agreement shall be construed to limit the right of SANDAG to adjust or modify its services or perform any other lawful functions.

SANDAG or its consultant Supplier agrees, during the term of the Agreement, to:

  1. Provide monthly Program financial incentives of up to $400, not to exceed 50 percent of the vehicle lease cost, payable to Supplier pursuant to the terms of the Program.
  2. Provide Participant with all policies, guidelines, report forms with instructions, and schedules applicable to the Program.
  3. Collect and record all agreements, reports, audits, and other Program correspondence as required of the Program or requested by SANDAG.
  4. Promote, advertise, and provide ridesharing referral services for Program participation and vanpool seat availability.
  5. Cooperate to ensure that no person shall be denied the opportunity to participate in the vanpool because of race, creed, color, sex, age, sexual orientation, disability, employer group, or any other protected class under state or federal law.
  6. Provide the Guaranteed Ride Home Program to Participants who work in San Diego County, sign the Agreement, and create an iCommute account.

Participant agrees, during the term of the Agreement to:

  1. Comply with the Agreement and the SANDAG Vanpool Program Participation Guidelines and any amendments.
  2. Authorize Supplier to release actual and true records specific to the SANDAG authorized vanpool vehicle to include, but not be limited to, driver contact information, actual monthly invoice/billing statement, and vehicle information.

It is herein acknowledged that:

  1. SANDAG retains the right to deny funding for any new vanpools and to terminate the funding for a vanpool or the Program if SANDAG deems that it is in the best interest of the agency to do so.
  2. SANDAG reserves the right to establish a wait list for Program enrollment, change the Program, or cancel the Program at any time, without obligation, at the sole discretion of SANDAG.
  3. SANDAG is authorized to promote, advertise, and release to the general public vanpool route information, seat availability, and participant email contact information for passenger solicitation purposes.
  4. Any inappropriate use of the Program will require that the Participant reimburse all expenses incurred to SANDAG.
  5. SANDAG is authorized to release to Participant’s employer pertinent information related to Participant’s involvement in the SANDAG Vanpool Program.

Revised 12/2015 (previous versions may not be used)


Participant Information:

Primary Driver Information:

The use of a digital signature shall have the same force and effect as the use of a manual signature.

 

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