Rights and Responsibilities pertaining to the VanGo™ VANPOOL PROGRAM:

This agreement establishes the rights and responsibilities of participants in the VanGo™ Vanpool Program administered by the North Front Range Metropolitan Planning Organization (NFRMPO).

VanGo™ means the Vanpool program administered by the NFRMPO.  Participants means all persons, including drivers, back-up drivers, riders and coordinators, who are transported to and from work in a vanpool operated as part of the VanGo™ Program or otherwise authorized by VanGo™ to participate in the program.

As a condition of participating in the VanGo™ Program, the Participant agress to comply with the VanGo™ Terms and Conditions, a copy of which the Participant acknowledges receipt.

It is understood that a Participant, while participating in the VanGo™ Program, is subject to the control of the NFRMPO, and is acting at the request of and for the benefit of the NFRMPO by helping to reduce the number of single-passenger vehicles being operated in the region served by NFRMPO.  As such, the Participant is considered an "authorized volunteer" of VanGo™ under the Governmental Immunity Act (GIA), C.R.S. § 24-10-101, et seq., and is afforded the protections of that Act, for acts or ommission occuring during the performance of duties as such a volunteer, provided the Participant is within the scope of the rights and responsibilities established by this agreement, and the act or ommission was not willful or wanton.

It is understood that under the GIA, the NFRMPO and its employees and authorized volunteers are immune from liability except under limited circumstances specified therein, and that, where immunity does not apply, the maximum recovery of any claimant is limited to $150,000 per occurence, up to a maximum recovery of $600,000 in a multi-claimant occurence.

It is understood that the NFRMPO, as permitted under the Colorado Open Records Act, C.R.S  § 24-72-201, et seq., will keep all information provided by a participant confidential and will only disclose such information to persons affiliated with the VanGo™ Program as necessary for the administration of the program, except as otherwise provided by law.

VanGo™ VANPOOL PROGRAM
TERMS & CONDITIONS

SECTION A: ALL PARTICIPANTS
Participants in the VanGo™ Vanpool Program whether drivers, riders or coordinators agree to comply with the following terms and conditions:

1. The Participant Agreement shall be effective as of the date signed by the Participant. Participants shall not be considered or hold themselves out to be Primary Drivers, Backup Drivers or Coordinators in the VanGo™ VanPool Program until their applications have been approved by VanGo™ VanPool program.The Agreement shall continue in force until one of the parties gives the other party written notice 15 days prior to the planned date of termination. Participants may terminate their participation for any reason, The VanGo™ Vanpool program may terminate the Participation Agreement and/or the vanpool as a whole for any of the following reasons:
a. if fares drop below the break-even point for three consecutive months;
b. if the operation of the vanpool becomes inconsistent with the evaluation criteria established for the VanGo™ VanPool Program;
c. if the Program is terminated;
d. if the Participant fails to pay the rider fee promptly;
e. if the Participant disrupts the operation of the vanpool;
f. if the Participant fails to abide by these Terms and Conditions; or
g. for other reasons as determined by VanGo™ VanPool.
2. Participants must be 18 years or older.
3. Participants acknowledge that VanGo™ VanPool may revise these Terms and Conditions and that Participants shall comply with such revisions in order to continue to participate in the VanGo VanPool Program.
4. Participants will pay their monthly vanpool fares to Coordinators prior to riding and not later than the 15th of each month. A fee will be charged for returned checks.
5. Participants will abide by all day-to-day operational rules of vanpools as established by majority vote of the vanpool members or as may be directed from time to time by VanGo™ VanPool.
6. Participants shall attend safety training programs offered by VanGo™ Vanpool.
7. Participants will abide by the policies and rules set forth in the VanPool Guide Book provided to vanpools by VanGo™ VanPool. Participants acknowledge that VanGo™ VanPool may revise those policies and rules. Participants shall comply with such revisions in order to continue to participate in the VanGo VanPool Program.
8. Participants will notify Drivers in advance of all anticipated non-use of vans due to such factors as vacation, business travel, overtime, etc.
9. Participants will notify Drivers or nearest fellow riders of non-use of vans due to sickness.
10. Participants will notify Drivers 15 calendar days in advance of planned termination of participation in vanpools.
11. Participants will help maintain ridership in the vanpool.
12. Participants will help keep the van clean and tidy.
13. Smoking is not permitted at any time in the van.
14. Participants will find alternate transportation on days when vans do not operate and when work or personal schedules do not allow participation in vanpools.
15. Participants will indemnify and hold harmless the North Front Range Metropolitan Planning Organization (NFRMPO), its authorized agents and employees from all claims, actions, costs, damages, or expenses of any nature whatsoever arising out of or resulting from any delays, tardiness, failure to make an appropriate or scheduled pick-up, absence of the van or termination of the program.
16. Participants acknowledge that the VanGo program provides rideshare referral services without screening the character or background of Participants or applicants. The NFRMPO shall have no responsibility or liability for any acts or omissions of Vanpool Participants or applicants except as otherwise provided in these Terms and Conditions.
17. If any term or condition of this Agreement shall to any extent be held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and condition shall be valid and enforceable to the fullest extent permitted by law.
18. No waiver of a breach of any provision of this Agreement shall constitute a waiver of any other breach, or of such provision. Failure of either party to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof.
19. The captions and paragraph headings used throughout this Agreement are for reference purposes only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.
20. This Agreement embodies the entire agreement between the parties with respect to the transactions contemplated, and there have been no agreements, representations or warranties other than those set forth in this Agreement.
21. In consideration of being permitted to participate in the Vanpool Program whether as a driver, rider or coordinator, I hereby agree to WAIVE, RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS the City of Fort Collins, the City of Greeley, and the North Front Range Transportation and Air Quality Planning Council (i.e. NFRMPO), their officers, employees, drivers, volunteers, and agents (collectively referred to as “Releasees”) from any and all liability and claims, even though such liability or claims may arise out of negligence or carelessness (but excluding willfull and wanton conduct) on the part of the persons or entities mentioned above, for damages, death, personal injury, or property damage which I may have or which I may hereafter accrue as a result of my participation in the Vanpool Program or activities related to that Program, including, but not limited to times when I am a passenger or driver, during the exiting or entering of the vehicle, and times when I am waiting for the vehicle. I agree to accept all responsibility for the risks, conditions, and hazards which may occur whether or not they are now known. The Releasees retain all of the protections from liability and damages afforded by the Colorado Governmental Immunity Act, C.R.S.24-10-101, et seq.

SECTION B: DRIVERS
Each Driver, including Primary and Backup Drivers, in the VanGo™ Vanpool Program agrees to comply with the following terms and conditions, in addition to those terms and conditions set forth in Section A above:
1. Drivers shall maintain valid drivers licenses as required by the State of Colorado, must be a minimum of 24 years of age, and must possess a valid state drivers license for a minimum of three years.
2. Drivers shall notify VanGo™ VanPool when they no longer meet the Driver Selection Criteria established by VanGo™ VanPool.
3. Drivers shall complete a defensive driving course or safety awareness program prior to taking possession of or operating vans.
4. Backup Drivers shall assume all responsibilities of Primary Drivers when acting in that capacity.
5. Backup Drivers shall be available to drive vans when Primary Drivers are unable to do so.
6. Drivers shall drive vans daily to and from work/school, picking up and discharging riders in accordance with the mutually established routes and schedules.
7. Drivers shall coordinate maintenance, annual emissions testing, cleaning and servicing of vans.
8. Drivers shall ensure that all participants wear a safety belt.
9. Primary Drivers shall coordinate with Backup Drivers (minimum of one approved Backup Driver per van) to ensure continued operation of vanpools in the absence of the Drivers.
10. Drivers shall coordinate the development of rules for the day-to-day operation of vanpools (e.g. wait times, radio).
11. Drivers are an independent party participating with others in a vanpool rideshare arrangement as an authorized volunteer driver with the consent of the NFRMPO. Drivers are not covered under any workers compensation policies of the NFRMPO.
12. Drivers shall be responsible for fueling and delivering vans for maintenance to a program approved facility.
13. Drivers shall at all times operate vans in a manner complimentary to the public nature of the VanPool Program, keep the vans clean, drive in a courteous manner.
14. Operation of vans shall be restricted to VanGo™ -approved Drivers.
15. Safe driving habits and complete observance of all traffic regulations are of the utmost importance and are required of all Drivers. Any citation for a moving traffic violation resulting from the operation of a van is the responsibility of the Driver driving the van at the time of issuance of the citation. All Drivers shall report each citation they receive for a moving traffic violation suspension, cancellation or loss of license, while driving the van, to VanGo™ VanPool within 48 hours.
16. Drivers shall promptly report injury or illness that could impair driving ability and will report any vehicular acqcident involving bodily injury or property damage defects, malfunctions or breakdowns and complete an Incident Report.
17. A driver shall cooperate fully with a NFRMPO claim adjustor or insurance company in all accident investigations and legal proceedings.
18. Drivers shall agree to comply with off-street parking policies set forth in the VanGo™ Guide Book.
19. Drivers shall not use vans for business purposes or for hire or to transport groups of any kind, to pull trailers, boats, etc.; to haul garbage, hazardous materials, debris, or excessive loads, for any purpose requiring the removal of seats, or for any other purposes. Drivers acknowledge that they shall have full liability and responsibility if vans are used for other than permitted purposes or in a manner inconsistent to these Terms and Conditions.
20. Drivers shall drive vans only on hard surfaced streets and highways and other normal access roads and driveways. Drivers shall not drive vans off-road, on beaches, in fields, or in any other potentially unsafe environment.
21. Drivers shall not drive vans over bridges or roads posted for less than a 4-ton maximum weight load. Drivers shall observe width and height clearance requirements of and for the van at all times.
22. Drivers shall not allow accessories, including window or bumper stickers, appearance items or additional equipment, to be added to or removed from the van without prior approval of VanGo™ VanPool.
23. Driver shall not allow rearranging or removal of seats.
24. Drivers may be disqualified for the following offenses: 1) two moving violations within the last three years, 2) conviction of a major violation such as hit and run or leaving the scene of an accident 3) conviction of driving under the influence of alcohol or controlled substance within the past five years, 4) other restrictions of the NFRMPO’s insurance company.
25. Drivers shall be rejected for five years from the date of an incident for driving under the influence of alcohol or controlled substance.

SECTION C: COORDINATORS
Coordinators in the VanGo™ VanPool Program agree to comply with the following terms and conditions, in addition to those terms and conditions set forth in Sections A and B above, if applicable:
1. Coordinators shall help maintain ridership in the vanpool.
2. Coordinators shall collect the monthly fares from all riders not later than the 15th of the month for which the fares are being paid.
3. Coordinators may pay and be reimbursed for miscellaneous operating expenses of the van.
4. Coordinators shall keep and submit monthly records and fuel receipts to the VanPool Program.

SECTION D: VanGo™ VANPOOL
VanGo™ VanPool agrees to comply with the following terms and conditions:
1. VanGo™ VanPool shall provide vans for use by vanpools.
2. VanGo™ VanPool shall provide for licensing, registration, fuel, servicing and maintenance of vans.
3. VanGo™ VanPool shall help Drivers and Coordinators fulfill their administrative obligations.
4. VanGo™ VanPool shall assist vanpools in maintaining ridership.
5. VanGo™ VanPool shall provide service loaner vans as needed.
6. VanGo™ VanPool shall attempt to resolve disputes arising out of established day-to-day operational rules of vanpools.
7. VanGo™ Vanpool shall review motor vehicle records in conjuction with the Driver application process and may review motor vehicle records twice a year.
8. VanGo™ VanPool shall establish and maintain a fare schedule for participation in vanpools and reserves the right to adjust fares by providing 30 days notice of change in fares.
9. VanGo™ VanPool shall ensure, to the best of its ability, that no person shall be denied the opportunity to participate in or be subjected to discrimination in the conduct of the VanPool Program because of race, creed, color, sex, age, national origin, sexual orientation, or the presence of any sensory, mental or physical disability in any manner contrary to applicable local ordinance, state or federal laws and regulations.
10. VanGo™ VanPool shall provide vanpools with VanPool Program Guide books outlining policies and rules applicable to the VanPool Program.
11. VanGo™ VanPool shall provide vanpools with all necessary report forms, including instructions for their completion and a submission schedule.
12. VanGo™ will not be responsible for personal property lost, stolen, or damaged in or from any van.
13. VanGo™ VanPool shall provide liability coverage at statutory limits for negligent operation of a van for and including bodily injury, property damage, comprehensive, and collision, provided the van was being operated by drivers authorized by VanGo™ VanPool and for a purpose permitted under these Terms and Conditions.

We would like to acknowledge King County Metro (www.metrokc.gov) for their help in developing this form.