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AGENDA
Transportation Committee Regular Meeting
3:30 PM - Monday, February 22, 2016
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. 2016-2017 ORCA Business Cards Agreement
a) Agenda Bill
2. EMERGING ISSUES
City Council Regular Meeting - 08 Feb 2016
SUBJECT/TITLE: 2016-2017 ORCA Business Cards and Business Passport Products
Agreement
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Dan Hasty, Transportation Planner
EXT.: 7217
FISCAL IMPACT:
Expenditure Required: $ 117,796.80 Transfer Amendment: $ N/A
Amount Budgeted: $ 130,000 Revenue Generated: $ N/A
Total Project Budget: $ 130,000 City Share Total Project: $ 117,796.80
SUMMARY OF ACTION:
The ORCA Business Passport Program is a core element of the City’s Commute Trip Reduction (CTR) Program
for eligible City employees. This contract will continue Renton’s participation in all elements until February 28,
2017. The ORCA Business Passport Program allows employers to buy annual passes in bulk at an extreme
discount over the retail pricing.
Included in the ORCA Business Passport Program are:
1. Unlimited rides by card holders on bus, light rail and commuter rail services provided by King County
Metro, Pierce Transit, Sound Transit and others.
2. 100% vanpool and vanshare subsidies.
3. Guaranteed Ride Home Program for all registered participants which provides a free taxi ride home in
the event of an emergency or illness up to 8 times per year.
The adopted budget for this program in 2016 is $130,000.
EXHIBITS:
A. Issue Paper
B. Agreement for Purchase of ORCA Business Cards and ORCA Business Passport Products
C. Resolution
STAFF RECOMMENDATION:
Approve a Resolution authorizing the Mayor and City Clerk to execute the agreement with King County Metro
Transit for the purchase of ORCA Business Cards and ORCA Business Passport Products.
AGENDA ITEM #1. a)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:January 27, 2016
TO:Randy Corman, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Dan Hasty, Transportation Planner, ext. 7217
SUBJECT:2016-2017 ORCA Business Cards and Business Passport
Products Agreement
ISSUE:
Should Council adopt the Resolution authorizing the Mayor and City Clerk to execute the
agreement with King County Metro Transit for the purchase of ORCA Business Cards and
ORCA Business Passport Products?
RECOMMENDATION:
Adopt the Resolution authorizing the Mayor and City Clerk to execute the agreement
with King County Metro Transit for the purchase of ORCA Business Cards and ORCA
Business Passport Products.
BACKGROUND:
In order to reduce congestion and improve air quality, Washington State passed a
Commute Trip Reduction (CTR) Law in the early 1990s. The CTR law requires employers
with 100 or more employees arriving to work between the hours of 6:00 and 9:00 a.m.
to have transportation programs for their employees that encourage the use of
alternatives to single occupancy vehicles. Under the CTR law, the City of Renton is
classified as a CTR affected employer.
During the past 17 years the City has entered into annual agreements with transit
agencies to purchase public transit passes in bulk at a reduced rate. These passes are
provided to each regular City employee as a core fundamental piece of the City’s CTR
Program. This program is paid for out of the general fund.
AGENDA ITEM #1. a)
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
January 27, 2015
The ORCA Business Passport offers unlimited rides on Sound Transit, King County Metro
Transit, Pierce Transit and others. It covers travel on buses, light rail and commuter rail.
In addition it features 100% subsidies for vanpool and vanshare participants of King
County Metro, Community, Kitsap and Pierce transit vehicles, as well as a Guaranteed
Ride Home Program (free emergency taxi service for employees).
The cost for the time period of March 1, 2016 to February 28, 2017 is $465.60 per pass
(down from $498.78 paid per pass for the 2015-2016 passes). This is a significant
savings over buying the passes through King County Metro Transit outside of the ORCA
Business Passport Program. If passes were purchased in lesser quantities, each
equivalent pass could cost as much as $2,484. Additionally these passes would not
include other benefits of the ORCA Business Passport Program, such as Guaranteed Ride
Home or the 100% vanpool and vanshare subsidies.
This agreement allows for the purchase of 253 passes at a total cost of $117,796.80 for
use by eligible City employees.
cc:Iwen Wang, Administrative Services Administrator
Nancy Carlson, Human Resources Risk Management Administrator
Doug Jacobson, Deputy Public Works Administrator, Transportation
Jim Seitz, Transportation Planning & Programming Supervisor
Hai Nguyen, Finance Analyst
Heather Ulit, Administrative Secretary I
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 1 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
AGREEMENT FOR PURCHASE OF ORCA BUSINESS CARDS AND
ORCA BUSINESS PASSPORT PRODUCTS
THIS AGREEMENT (hereinafter, “Agreement”) is made and entered into by and among City of Renton
("Business Account") and King County Metro Transit ("Lead Agency") on behalf of any of the following
agencies (collectively referred to as the "Agency" or "Agencies").
The Snohomish County Public Transportation Benefit Area (“Community Transit”)
The City of Everett (“Everett Transit”)
King County Department of Transportation, Metro Transit Division (“King County”)
The Kitsap County Public Transportation Benefit Area (“Kitsap Transit”)
The Pierce County Public Transportation Benefit Area Corporation (“Pierce Transit”)
The Central Puget Sound Regional Transit Authority (“Sound Transit”)
The State of Washington acting through the Washington State Department of Transportation,
Washington State Ferries Division ("WSF")
IN CONSIDERATION of the mutual covenants contained herein, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1.0 PURPOSE
1.1 This Agreement establishes the terms under which certain fare payment-related services,
referred to herein as "ORCA Services," will be provided to the Business Account, including but
not limited to the prices and terms under which the Business Account may purchase and
distribute ORCA Business Cards loaded with a Business Passport Product to its Eligible Business
Cardholders. Such ORCA Business Cards may be used to access certain Transportation
Services of the Agencies. The specific ridership privileges applicable to the Business Passport
Product provided under this Agreement are specified in Attachment 1, Products, Pricing and
Terms, which is incorporated in this Agreement by this reference, and are subject to Sections 6
and 17 below.
1.2 Attachment 1 also establishes the terms under which specific optional products and services (e.g.
use of an ORCA Business Card on vanpool; a guaranteed ride home program), if any, shall be
provided by one or more individual Agencies.
1.3 This Agreement also enables the Business Account to purchase Business Choice Products from
the Agencies, via the Business Account Website, at the prices and terms in effect at the time of
purchase.
1.4 The Business Account understands and agrees that this Agreement applies to its use of ORCA
Services including, but not limited to, its purchase of ORCA Business Cards and ORCA Products.
This Agreement does not constitute a contract for transportation services. The Agencies have no
obligation to the Business Account or any other entity or person to provide any particular level,
frequency or routing of transportation service.
2.0 TERM OF AGREEMENT AND CONTACT PERSONS
2.1 This Agreement shall take effect upon the effective date specified in Attachment 1. Unless
terminated in accordance with Section 13, this Agreement shall expire on the last day of the
Program Term specified in Attachment 1, or an Amended Attachment 1 that has been signed by a
person authorized to bind the Business Account.
2.2 The Business Account shall designate a Primary Contact Person in Attachment 2, Designated
Representatives, which is incorporated in this Agreement by this reference. This Primary Contact
Person shall be responsible for managing the Business Account's roles and responsibilities under
this Agreement. A Secondary Contact Person shall also be designated in Attachment 2. The
Lead Agency may communicate with and rely upon either the Primary or Secondary Contact
Person on matters relating to this Agreement.
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 2 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
3.0 DEFINITIONS
3.1 Business Account. The employer, educational or human services institution, government agency
or other entity that has entered into this Agreement enabling it to purchase ORCA Business
Cards and ORCA Products for distribution to their employees, students, clients or other
constituency.
3.2 Business Account Website. The website used by the Business Account to manage its account,
currently at orcacard.biz.
3.3 Business Choice Products. The ORCA Products that may be purchased at retail prices to
supplement the ORCA Business Passport Product for one or more Business Cardholders (e.g. a
WSF monthly pass).
3.4 Business Cardholder(s) or Cardholder(s). The individual(s) who are eligible to receive an ORCA
Business Card from the Business Account. The eligibility requirements for Business Cardholders
are more fully defined in Attachment 3, Eligible Business Cardholders, which is incorporated in
this Agreement by this reference.
3.5 Business Passport Product. The ORCA Product loaded on the Business Account's ORCA
Business Cards under this Agreement that provides the Business Cardholders an unlimited right-
to-ride the regularly scheduled Transportation Services of, or operated by, certain Agencies to
the extent specified in Attachment 1.
3.6 Card Block. An ORCA system process that culminates in invalidating an ORCA Business Card.
3.7 Lead Agency. The Agency that entered into this Agreement on behalf of itself and the other
Agencies and that is responsible for administration of this Agreement on behalf of the Agencies,
including invoicing, contract modifications and renewals, and ORCA system support.
3.8 ORCA. The trademarked name of the system that enables use of a common fare card (One
Regional Card for All) on the public transportation services provided by any of the Agencies.
3.9 ORCA Business Card (or “Business Card”). An ORCA fare card issued to a Business Account to
enable the loading of ORCA Products for use by a Cardholder to whom it was distributed by the
Business Account to access Transportation Services as specified in Attachment 1.
3.10 ORCA Products. Any transit fare payment mechanism or electronic voucher offered for sale
within the ORCA system by any of the Agencies. Examples include, but are not limited to,
monthly or period pass, E-purse, and electronic voucher.
3.11 ORCA Services. The materials and services that may be provided, from time to time, under the
ORCA program, including but not limited to the ORCA Business Cards, ORCA Products, ORCA
Websites, data, information, and any equipment, systems and services related to the ORCA
program.
3.12 Parties. The Business Account and the Agencies (which include the Lead Agency) may be
collectively referred to as "Parties."
3.13 Primary Contact Person. The individuals identified as the primary contact points for the Lead
Agency and the Business Account, as listed in Attachment 2 or as modified from time to time.
3.14 Product Block. An ORCA system process that culminates in invalidating an ORCA Product
without invalidating the card on which it is loaded.
3.15 Transportation Services are those public transportation services provided by the Agencies that
are specified in Attachment 1.
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 3 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
4.0 PRICES AND PAYMENT TERMS
4.1 The prices and payment terms applicable to this Agreement are specified in Attachment 1,
Products, Pricing and Terms. Such terms shall include: (a) the amounts due for the Business
Cards, Business Passport Product, and any other products, services and fees; (b) the timing of
payments, and (c) the acceptable method of payment. Each order submitted by the Business
Account for ORCA Business Cards and/or any ORCA Products will be subject to the provisions of
this Agreement.
4.2 The Business Account's purchase of any Business Choice Products via the Business Account
Website will be at the prices and terms in effect at the time of order. The Business Account is
responsible for reviewing the prices in effect before submitting each order and shall be deemed to
have agreed to the then-applicable prices by submitting the order.
4.3 Payment in full is due as specified in Attachment 1.
4.4 If for any reason payment in full is not received by the date due, if a payment is not honored due
to non-sufficient funds (NSF) or if for any reason a payment is negated or reversed, the Lead
Agency will notify the Business Account of the payment problem and, if full and clear payment is
not received within ten (10) calendar days of such notification, the Lead Agency may:
4.4.1 refuse to process new orders for ORCA Business Cards and block the loading of new
ORCA Products by or for the Business Account;
4.4.2 assess any late payment, NSF and collection fees to the maximum amount permitted by
law;
4.4.3 initiate a Card Block or Product Block on the Business Cards issued to the Business
Account, rendering them ineffective for use by the Cardholders, until such time as the
Business Account pays the full amount due, including any late payment, NSF and fees, in
a manner acceptable to the Lead Agency; and
4.4.4 suspend or terminate access rights to the Business Account's secured area of the
website.
4.5 In addition to any other obligations it may have under this Agreement and at law, the Business
Account agrees to pay to the Lead Agency any reasonable collection fees incurred in collecting
amounts due from the Business Account.
5.0 PURCHASE, OWNERSHIP, DISTRIBUTION AND REPLACEMENT OF ORCA BUSINESS
CARDS
5.1 Ordering ORCA Business Cards. The Business Account shall order ORCA Business Cards via
the ORCA Business Accounts Website, in accordance with the directions provided on that
website, and shall make payment as provided in Attachment 1, Products, Pricing and Terms. If
additional cards are required, the Business Account shall be required to pay both the standard
card fee and the monthly rate for loading the Passport Product on such additional cards for the
remaining months of this Agreement, as specified in Attachment 1.
5.2 Receipt and Ownership of ORCA Business Cards. Upon actual or constructive receipt of the
ORCA Business Cards it has ordered, the Business Account shall become the owner of the
ORCA Business Cards. The Business Account shall be deemed to have constructively received
all ordered ORCA Business Cards unless it notifies the Lead Agency of any non-delivery or
incorrect delivery within thirty (30) days after the order was placed. If the Business Account
notifies the Lead Agency that it has not received the ordered cards, the Lead Agency will ship a
replacement order. If the Business Account subsequently receives the cards reported as
missing, the Business Account is responsible for returning them to the Lead Agency.
5.3 Storage and Risk of Loss. The Business Account is responsible for the storage, distribution and
use of the ORCA Business Cards issued to it. The Business Account bears the sole risk of any
loss, damage, theft or unauthorized use of one of its cards, whether such card is held in its
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 4 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
inventory or has been distributed for use. The Business Account is responsible for the cost of
any use of its Business Cards until the effective date of a Card Block that may be initiated as
provided below.
5.4 Distance Based Transit Fare. The Business Account is responsible for communicating to
Cardholders that “distance based fares” are charged on some systems such as: Link light rail,
and Sounder commuter rail systems. On distance based fare modes, when the Cardholder “taps
on,” the ORCA system will record the trip to the last stop on the line. When the Cardholder “taps
off” at the end of the ride, ORCA will record the actual ride. The Business Account then will be
charged the correct fare for the actual ride taken. If the Cardholder fails to “tap off”, then ORCA
will record a ride to the end of the line. The result of not “tapping off” is that the Business Account
will be charged the largest fare for the ride even if a shorter ride was taken.
The Business Account may provide Cardholder Rules of Use to the Cardholder as referenced in
Attachment 4, or provide this information using other methods such as an email or flyer.
5.5 Distribution of ORCA Business Cards. The Business Account is responsible for distributing its
Business Cards for use by its Eligible Business Cardholders. The Business Account remains the
owner of all Business Cards it distributes but a cardholder may also purchase and load individual
ORCA products on a Business Card and individually register the card. To enable Cardholders to
register Business Cards as provided in Section 6 below, the Business Account may not register,
or allow anyone other than the Cardholder to register, the Business Cards that are issued under
this Agreement.
The Business Account shall require, as a condition of receiving a Business Card, that the
Cardholder sign the written Cardholder Rules of Use incorporated in this Agreement as
Attachment 4, ORCA Business Cardholder Rules of Use.
The Business Account understands and agrees that it is solely responsible for implementation
and enforcement of the Cardholder Rules of Use.
5.6 Proof of payment. The Business Account is responsible for notifying Cardholders that proof of
payment must be made by tapping the ORCA Card on the card reader in the manner required by
each Agency; otherwise, the Cardholder may be subject to a fine if the ORCA Card is not tapped,
and the Cardholder will be personally responsible for any fines that may be imposed.
5.7 Business Account Access to Personally Identifying Information. If an individual Cardholder opts
to register one of the Business Cards issued to the Business Account, any personally identifying
information provided to the ORCA System (e.g. name, address, telephone number, and credit
card number) will not be accessible by the Business Account. If the Business Account collects
any personally identifying information about individuals to whom it has distributed Business
Cards, the Business Account is solely responsible for its collection, use, storage and disclosure of
such information.
5.8 Card Blocks. In the event a Business Card is determined to be lost or stolen or if a Cardholder is
determined by the Business Account to be no longer eligible to use the card, the Business
Account may initiate a Card Block via the Business Account Website to invalidate the subject
Business Card. The Lead Agency may also initiate a Card Block or a Product Block as to any of
the Business Account’s Business Cards at the request of the Business Account, or at the sole
discretion of the Lead Agency in accordance with Section 4.4, or if it is suspected that a card has
been altered, duplicated, counterfeited, stolen or used by an ineligible Cardholder. Once initiated,
a Card Block must be processed in the ORCA system and downloaded to all reader devices
throughout the region. Until that occurs, there is the potential that the Business Passport Product
and any E-purse value or other ORCA Products on the subject card will continue to be used. The
Business Account, not the Agencies, remains responsible for all transactions, and any loss or
costs arising there from, for forty-eight (48) hours after the Card Block was initiated.
5.9 Restoration of Value After Card Block. Following a Card Block, the Business Account may
request the Lead Agency to restore value on a replacement of the blocked Business Card. An E-
purse on a blocked card will be restored on the replacement card in approximately ten (10)
calendar days after the replacement card is issued. The E-purse amount that remained on the
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 5 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
lost or stolen card, forty-eight (48) hours after the Card Block was initiated in the ORCA system,
will be restored to the replacement card via a remote revalue function. An E-purse on a blocked
card will be restored on the replacement card on the eighth day after the card has been issued.
The card must then be tapped to activate the E-purse value.
5.10 Card Replacement. The Business Account is responsible for ordering and paying for any new
cards needed to replace Business Cards that for any reason cease to be available or suitable for
use by the Cardholders under the program of the Business Account, including but not limited to, if
the unavailability or unsuitability is caused by damage, abuse, loss, theft, Card Block, and end of
useful life. Provided, however, and notwithstanding the exclusion of warranties in Section 14, if a
Business Card malfunctions within twelve (12) months after it was delivered to the Business
Account, it shall be replaced by the Lead Agency without additional charge to the Business
Account if the malfunction was caused by a defect in design, material or workmanship and was
not caused by misuse, an intentional act, negligence or damage, reasonable wear and tear
excepted. The Business Account understands and agrees that to avoid the disruption and
inconvenience caused by sporadic failures as its cards are used, it must plan for replacement of
its Business Cards on a regular basis. As a condition of continuing under the Business Passport
program, the Business Account agrees that: (a) it will retire all of its ORCA Business Cards at
some time within four years after they are issued by the Lead Agency to the Business Account;
and (b) purchase replacement Business Cards at the then-applicable rate.
6.0 CARDHOLDER USE OF ORCA BUSINESS CARDS
Cardholder Privileges. The Business Account understands and agrees that, although it remains the
owner of ORCA Business Cards after distribution, the Cardholder has the following privileges in
connection with the use of an ORCA Business Card.
6.1 The Cardholder may present an ORCA Business Card, loaded with a valid, applicable Business
Passport or Business Choice Product, to an ORCA fare transaction processor as proof of
payment of all or a portion of a required fare on a regular transportation service operated by one
or more of the Agencies. (Provided, however, an ORCA Product that is not sufficient to fully pay
a fare will not be accepted as partial payment by the Washington State Ferries.) In all cases, a
Cardholder will be required to make other payment to the extent a fare is not covered by an
ORCA Product.
6.2 The Cardholder may individually purchase ORCA Products and load them on the Business Card
in addition to any ORCA Product loaded by the Business Account. Individual ORCA Products
may be used to pay all or a portion of a required fare on a transportation service not covered by a
Business Passport Product or Business Choice Product. (Provided, however, an ORCA Product
that is not sufficient to fully pay a fare will not be accepted as partial payment by the Washington
State Ferries.) In all cases, a Cardholder will be required to make other payment to the extent a
fare is not covered by an ORCA Product.
6.3 The Cardholder may register his/her name and other contact information with the ORCA System
and link such personal information to the serial number of the Business Card provided to him/her.
Such registration does not give the Cardholder any ownership rights in the card but does give the
Cardholder the right to access the ORCA Cardholder Website to view the card's transaction
history and current stored value, to modify travel zone preferences, and to add retail products.
7.0 NO RETURNS OR REFUNDS
Except as otherwise provided herein or in Section 13.2, the Business Account understands and agrees
that its purchases of Business Cards, and Business Passport Products and Business Choice Products
purchased for such cards, are final and it is not entitled to any refunds. Provided, however, the Business
Account may request a refund of the E-purse value remaining on a Business Card if the card is
surrendered by the Business Account to the Lead Agency. Upon surrender of the subject Business Card,
the Lead Agency shall initiate a Card Block and the refund processed approximately ten (10) calendar
days after the Card Block was initiated. The E-purse amount refunded will be that which remained on the
surrendered card forty-eight (48) hours after the Card Block was initiated in the ORCA system. A
processing fee of ten dollars ($10) shall be payable by the Business Account to the Lead Agency for each
such E-purse refund that is processed, regardless of e-purse value refunded. The Business Account, not
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 6 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
the Lead Agency, is responsible for the refunding of such E-purse value, if any, to the individual
Cardholder to whom the Business Card had been distributed.
8.0 BUSINESS ACCOUNT WEBSITE
8.1 The Business Account Website is the primary means by which the Business Account shall
purchase ORCA Business Cards, Business Passport and Business Choice Products, manage its
Business Cards and obtain information about the use of said cards. As a condition of
participation in the Business Passport program, the Business Account agrees that it will use the
Business Account Website when it is available and that each access and use of said website
shall be subject to the Terms of Use and Privacy Statement that are in effect and posted on the
Business Account Website at the time of such access and use.
8.2 The Business Account understands and agrees that uninterrupted access to and use of the
Business Account Website is not guaranteed and agrees that it will contact its representative at
the Lead Agency by email or telephone if the website is not available.
8.3 At the time the Business Account enters into the ORCA program, the Lead Agency will provide a
single password to the Business Account's Primary Contact, as specified in Attachment 2,
Designated Representatives, to enable user access to the Business Account's secured area of
the Business Account Website. The Business Account is required to change the temporary
password to one of its own creation. The Business Account shall be solely responsible for the
number and identity of those employees with whom the Business Account's password is shared.
The Business Account is also solely responsible for complying with the security standards
specified in Attachment 5, Security Standards, which is incorporated in this Agreement by this
reference.
9.0 INFORMATION PROVIDED BY THE AGENCIES AND THE ORCA SYSTEM
9.1 The Business Account understands and agrees that the data, reports or any information provided
to it via the Business Account Website or otherwise, is and remains the sole property of the
Agencies and nothing shall be construed as a transfer or grant of any copyright or other property
interest in such data, reports or information. The Agencies hereby grant to the Business Account
a non-exclusive license to use any data, reports or information provided by the Agencies, via the
Business Account Website or otherwise, for any lawful purpose related to the administration of
the transportation benefits program of the Business Account.
9.2 The ORCA System will record data each time an ORCA Business Card is presented to an ORCA
device for fare payment and to load a product. Such transaction data includes, but is not limited
to, the date, time, and location (or route) of the transaction. The Business Account may routinely
access such transaction data related to its Business Cards to the extent provided via the
Business Account Website. Said website and its reports do not provide the Business Account
Business Card transaction data linked to card serial numbers. For the purpose of preventing
fraud, the Primary Contact Person of the Business Account may submit a written request to the
Lead Agency for transaction data related to a specific card number or for a card number linked to
a specific transaction. The written request shall include the following:
9.2.1 Card number or the date, time and other known details about the specific transaction for
which a card serial number is being requested;
9.2.2 A statement as to why the information is germane to the prevention of fraud; and
9.2.3 The signature of the Primary Contact Person.
If the Lead Agency determines that the subject transaction(s) is linked to a Business Card issued to the
Business Account, the Lead Agency will provide the Business Account with the card serial number linked
to the requested transaction(s). The Business Account agrees that it will use such card serial number
information only for purposes of enforcing its Rules of Use or other lawful business purposes. The
Business Account must maintain its own records if it wishes to identify the card serial number issued to an
individual.
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 7 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
10.0 PUBLIC RECORDS
The Business Account understands and agrees that all records related to its participation in the ORCA
System are public records under the Washington Public Records Act (Chapter 42.56 RCW) ("Act"),
including but not limited to: (a) this Agreement and the sales activity hereunder; (b) the orders,
communications, and any other information provided by the Business Account to the Lead Agency, the
other Agencies or the ORCA System, whether provided via this website or otherwise and whether
provided in hard copy or electronic form; (c) any communications, responses, requests, reports or
information of any kind provided to the Business Account from the Lead Agency, the other Agencies or
the ORCA System; and (d) all data, reports and information of any kind related to the loading of products
on, and the use of, the Business Cards issued to the Business Account. As public records, these records
will be made available for public inspection and copying upon request, unless the Lead Agency
determines they are exempt from disclosure.
11.0 INDIVIDUAL USE OF BUSINESS CARD AFTER LEAVING A BUSINESS ACCOUNT
The Business Account is encouraged to collect Business Cards from Cardholders who are no longer
eligible for the Business Account's transportation benefits program. In any case, the Business Account is
solely responsible for initiating a Card Block or Product Block in accordance with this Agreement to
prevent any continued use of, and financial liability for, a card that had been distributed to a person who is
no longer eligible.
12.0 ORCA SERVICES SUBJECT TO CHANGE
The Agencies seek to continually improve and enhance the ORCA Services. With thousands of
employers, schools, and other entities entering into business account agreements at varying dates in the
year, the Agencies are unable to guarantee to each business account that the ORCA Services will not
change during the term of its agreement. The Business Account understands and agrees that one or
more ORCA Services may be changed, suspended or terminated from time to time without prior notice to,
or agreement by, the Business Account, including but not limited to changes in the look, feel, content and
functions of the Business Account Website. If the Business Account is dissatisfied with a change in the
ORCA Services, however, it may terminate this Agreement for its convenience in accordance with the
provisions of Section 13.2.
13.0 TERMINATION
13.1 The Lead Agency may at any time terminate this Agreement if the Business Account fails to make
timely and effective payment of all amounts due, or otherwise materially breaches the Agreement,
or acts in manner indicating that it intends to not comply, or is unable to comply, with the
Agreement. To effect such a termination for cause, the Lead Agency shall send email notice to
the last known email address for the last known primary contact person of the Business Account
describing the manner in which the Business Account is in default and the effective date of
termination. If the basis for termination is a failure to perform that can be cured, the termination
shall not take effect so long as the Business Account cures the default within ten (10) calendar
days of the sending of the email notice. Upon the effective date of such termination, the Lead
Agency may immediately terminate the website access privileges of the Business Account, block
the Business Cards issued to the Business Account and decline to accept and fulfill any pending
or new orders from the Business Account. In the event of such a termination for cause, the
Business Account shall not be entitled to any refund of any amounts paid.
13.2 Either the Business Account or the Lead Agency may terminate the Agreement without cause
and for its own convenience by sending the other party written or email notice at least thirty (30)
days in advance of the effective date of the termination. Upon receipt of a notice of termination
for convenience from the Business Account, the Lead Agency may, in its sole discretion, waive
the advance notice period and immediately terminate the website access privileges of the
Business Account, initiate a Card Block on the Business Cards issued to the Business Account,
and decline to accept and fulfill any pending or new orders from the Business Account. In the
event of such a termination for convenience and not cause, the amounts due under this
Agreement shall be calculated by the Lead Agency. (The amounts due for the ORCA Passport
Product and any optional products listed in Attachment 1 shall be the annual amounts due
prorated for the number of months during which the Passport Product and optional products were
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 8 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
valid for at least one day.) If the Business Account has not paid in full all of the amounts due
under this Agreement as of the termination date, the Business Account shall immediately pay the
remaining amount due. If the Business Account has paid more than all of the amounts due under
this Agreement as of the termination date, the Business Account shall be entitled to a refund of
the excess it has paid.
13.3 Notwithstanding any termination of the Agreement, the Business Account shall remain liable to
satisfy and comply with all of its obligations under this Agreement and at law with regard to, or
arising out of, any orders submitted or any of its acts or omissions occurring prior to the effective
date of the termination, including but not limited to paying all amounts due or incurred prior to the
effective date of the termination and any fees, charges, collection costs or other costs arising
from a failure to make timely and effective payment.
14.0 EXCLUSION OF WARRANTIES
14.1 ALL ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE”
BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE
DISCRETION AND RISK.
14.2 BY WAY OF EXAMPLE, AND NOT LIMITATION, THE LEAD AGENCY AND EACH OF THE
OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT:
A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE
UNINTERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE MEETING ITS
REQUIREMENTS;
B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF
USING THE ORCA SERVICES WILL BE ACCURATE AND RELIABLE; AND
C. ANY USE OF THE ORCA WEBSITES, INCLUDING BUT NOT LIMITED TO THE
CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITES, WILL BE FREE
OF DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL
INTRUSIONS.
14.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND EACH OF THE OTHER
AGENCIES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES OF QUIET ENJOYMENT OR
NON-INFRINGEMENT; AND ANY WARRANTIES CREATED BY TRADE USAGE, COURSE OF
DEALING, OR COURSE OF PERFORMANCE.
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE
AGENCIES OR THE ORCA SYSTEM SHALL REVISE OR CREATE ANY WARRANTY.
15.0 NOTICES
15.1 Any notice required to be given under the terms of this Agreement shall be directed either by
email or regular mail to the Parties’ Designated Representatives, as specified in Attachment 2, or
to the last person and address provided by a Party in accordance with Section 15.2.
15.2 Each Party shall immediately notify the other Parties of any changes to its Designated
Representatives' contact information. The Business Account shall also immediately notify the
Lead Agency of any changes in any other information provided in its application.
16.0 FORCE MAJEURE
The Agencies and each of them shall be relieved of any obligations under this Agreement to the
extent they are rendered unable to perform, or comply with such obligations as a direct or indirect result
of a force majeure event, or any other circumstance not within such party’s control, including, but not
limited to, acts of nature, acts of civil or military authorities, terrorism, fire or water damage, accidents,
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 9 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
labor disputes or actions, shutdowns for purpose of emergency repairs, or industrial, civil or public
disturbances.
17.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES
The purchase, distribution and use of Business Cards and ORCA Products by the Business Account and
its Cardholders, and access to and use of the ORCA websites, shall be subject to all applicable federal,
state and local law, regulations, ordinances, codes and policies, including but not limited to the ORCA
Terms of Use and Privacy Statement (posted on the ORCA websites and available in printed form upon
request to the Lead Agency), and the Agencies' respective fares, transfer rules, codes of conduct and
other operating policies and procedures.
18.0 PROHIBITED DISCRIMINATION
The Business Account shall not discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the
administration of its transportation benefits program, the provision of ORCA Business Cards and ORCA
Products, or the performance of any acts under this Agreement. The Business Account shall comply fully
with all applicable federal, state and local laws, ordinances, executive orders and regulations which
prohibit such discrimination.
19.0 COMPLIANCE WITH APPLICABLE LAW
The Business Account shall be solely responsible for compliance with all applicable federal, state and
local laws, regulations, resolutions and ordinances, including, but not limited to, any provisions relating to
the Business Account's provision of compensation, benefits or services to employees or others (e.g.
including, but not limited to, transportation fringe benefits) and any reporting, tax withholding, or other
obligations related thereto. The Business Account expressly acknowledges and agrees that it has not
relied on any representations or statements by the Agencies and will not rely on them to provide any
legal, accounting, tax or other advice with regard to the Business Account's provision of compensation,
benefits or services to employees or others (e.g. including, but not limited to, transportation fringe
benefits) and any reporting, withholding or other obligations related thereto.
20.0 LEGAL RELATIONS
20.1 No Partnership, Agency or Employment Relationship Formed. The Business Account and the
Agencies are independent parties and nothing in this Agreement shall be construed as creating
any joint venture, partnership, agency or employment relationship between and among them or
their respective employees. Without limiting the foregoing, the Business Account understands
and agrees that none of its employees or agents shall be deemed employees or agent, for any
purpose, of any of the Agencies and the Business Account is solely responsible for the acts of its
agents and employees and their compensation, wages, withholdings and benefits.
20.2 LIMITATION ON LIABILITY
A. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE
FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM,
ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO:
1. ANY RELIANCE PLACED BY THE BUSINESS ACCOUNT ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION
PROVIDED TO THE BUSINESS ACCOUNT BY OR THROUGH THE ORCA
SERVICES;
2. ANY CHANGES TO THE ORCA SERVICES OR THE TEMPORARY OR
PERMANENT CESSATION OF ANY SUCH SERVICES (OR FEATURES
WITHIN A SERVICE);
3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY
INFORMATION MADE AVAILABLE TO THE BUSINESS ACCOUNT, OR
GENERATED BY THE USE OF THE ORCA SERVICES UNDER THIS
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 10 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE USE OF THE ORCA
BUSINESS CARDS ISSUED UNDER THIS AGREEMENT;
4. THE BUSINESS ACCOUNT'S FAILURE TO PROVIDE THE LEAD AGENCY
WITH ACCURATE ACCOUNT INFORMATION; AND
5. THE BUSINESS ACCOUNT’S FAILURE TO KEEP INFORMATION SECURE
AND CONFIDENTIAL.
B. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE
FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM,
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES INCURRED BY THE BUSINESS ACCOUNT UNDER ANY THEORY OF
LIAIBILITY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF TIME, LOSS
OF PROFITS, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF GOODWILL OR
BUSINESS REPUTATION, WHEN SUCH DAMAGES ARISE OUT OF, OR ARE
RELATED TO, THIS AGREEMENT OR THE ORCA SERVICES, WHETHER OR NOT
ONE OR MORE AGENCIES HAS BEEN ADVISED OF, OR SHOULD HAVE BEEN
AWARE OF, THE POSSIBILITY OF ANY SUCH DAMAGES ARISING.
C. TO THE EXTENT ONE OR MORE OF THE AGENCIES INCURS ANY LIABILITY FOR A
BREACH OF THIS AGREEMENT, OR ANY DUTY RELATED TO THE ORCA
SERVICES, AND SUCH LIABILITY THAT IS NOT EXCLUDED UNDER THE TERMS OF
THIS AGREEMENT, THE EXCLUSIVE, AGGREGATE REMEDY AGAINST THE LEAD
AGENCY AND EACH OTHER AGENCY WILL BE, AT THE OPTION OF THE
APPLICABLE AGENCIES: (A) THE CORRECTION, SUBSTITUTION OR
REPLACEMENT OF ALL OR PART OF THE ORCA SERVICES GIVING RISE TO THE
BREACH, OR (B) A REFUND OF THE AMOUNT PAID BY THE BUSINESS ACCOUNT
FOR THE ORCA SERVICE CAUSING THE DAMAGE, THE AMOUNT OF WHICH WILL
NOT EXCEED THE DAMAGES (OTHER THAN THOSE EXCLUDED ABOVE)
ACTUALLY INCURRED BY THE BUSINESS ACCOUNT IN REASONABLE RELIANCE.
The damage exclusions and limitations on liability in the agreement shall apply even if any
remedy fails for its essential purpose.
20.3 No Waiver. The Business Account agrees that if the Lead Agency does not exercise or enforce
any legal right or remedy which is contained in the Agreement or under applicable law, this will
not be taken to be deemed to be a waiver or modification of the Lead Agency’s rights and
remedies, and that those rights or remedies will still be available to the Lead Agency.
20.4 Governing Law and Forum. This Agreement and all provisions hereof shall be interpreted and
enforced in accordance with, and governed by, the applicable law of the State of Washington and
of the United States of America without regard to its conflict of laws provisions. The exclusive
jurisdiction and venue for conducting any legal actions arising under this Agreement shall reside
in either the Federal District Court or the State of Washington Superior Court, as applicable, that
is located in the county in which the Lead Agency's primary administrative office is located. The
Business Account hereby consents to personal jurisdiction and venue in said courts and waives
any right which it might have to conduct legal actions involving the Agencies in other forums.
20.5 Attorneys' Fees and Costs. In the event of litigation between the parties related to this
Agreement, the Court is authorized to award the substantially prevailing party its costs, fees and
expenses including reasonable attorney fees to the extent authorized by the Court and permitted
by applicable law.
20.6 Survival. Sections 4, 5, 9, 14 and 20 shall survive and remain effective notwithstanding any
termination of this Agreement.
20.7 Use of ORCA name and logos. The Business Account understands and agrees that the "ORCA"
name and logos are trademarked and that it will not copy or use them and any other trade
names, trademarks, service marks, logos, domain names, and other distinctive features or
intellectual property of the Agencies without written permission. The Agencies understand and
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 11 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
agree the Business Account name and logo may be trademarked and that it will not copy or use
them and any other trade names, trademarks, service marks, logos, domain names, and other
distinctive features or intellectual property of the Business Account without written permission.
21.0 SUCCESSORS AND ASSIGNS
This Agreement and all terms, provisions, conditions and covenants hereof shall be binding upon the
parties hereto, and their respective successors and assigns; provided, however, no Party may assign or
delegate the duties performed under this Agreement without the written agreement by the Lead Agency,
the Business Account and the assignee.
22.0 ENTIRE AGREEMENT AND WRITTEN AMENDMENTS
This Agreement constitutes the entire agreement between the Business Account and the Lead Agency,
on behalf of all Agencies, related to the Business Account's use of and access to ORCA Services (but
excluding any services which Lead Agency may provide under a separate written agreement), and
completely replaces and supersedes any prior oral or written representations or agreements in relation to
fare media consignment and sales or to ORCA Services. No oral agreements or modifications will be
binding on the parties and any changes shall be effective only upon a written amendment being signed by
the parties.
23.0 SEVERABILITY
In the event any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable or invalid, then the meaning of that provision shall be construed, to the extent feasible, to
render the provision enforceable, and if no feasible interpretation would save such provision, it shall be
severed from the remainder of the Agreement which shall remain in full force and effect unless the
provisions that are invalid and unenforceable substantially impair the value of the entire Agreement to any
party.
24.0 AUTHORITY TO EXECUTE
Each party to this Agreement represents and warrants that: (i) it has the legal power and authority to
execute and perform this Agreement and to grant the rights and assume its obligations herein; and (ii) the
person(s) executing this Agreement below on the party’s behalf is/are duly authorized to do so, and that
the signatures of such person(s) is/are legally sufficient to bind the party hereunder.
25.0 COUNTERPARTS
This Agreement may be executed in two (2) counterparts, each one of which shall be regarded for all
purposes as one original.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this
Agreement as of the Effective Date.
BUSINESS ACCOUNT
BY:
Denis Law
Title: Mayor
Business Account: City of Renton
Date:
LEAD TRANSPORTATION AGENCY
BY:
Carol A. Merrill
Title: Customer Service Supervisor
Customer Communications and Services
Agency: King County Metro Transit
Date:
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 12 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
ATTACHMENT 1
PRODUCTS, PRICING AND TERMS – BUSINESS PASSPORT FLAT RATE
Business Account: City of Renton
Business Account Federal Tax ID #: 91-6001271
ORCA Business ID#: 2480
Agreement Type: Renewal
Program Term: March 01, 2016 - February 28, 2017
Business Passport Flat Rate Products
Access to regular bus services on Community Transit, Everett Transit, Kitsap Transit, Metro Transit,
Pierce Transit, and Sound Transit.
Access to regular service on Sound Transit Link light rail.
Access to regular service on Sound Transit Sounder commuter rail (including Rail Plus partnership
with Amtrak Cascades).
Access to regular service on Seattle Streetcar.
Access to regular service on King County Water Taxi. (Vashon and West Seattle routes)
Access to regular service on Kitsap Transit Foot Ferry. (Port Orchard and Annapolis routes)
100% vanpool fare subsidy on Community Transit, Kitsap Transit, Metro Transit, and Pierce Transit
vanpool vans.
100% vanshare fare subsidy on Community Transit, Kitsap Transit, Metro Transit and Pierce Transit
vanshare vans.
Emergency guaranteed ride home service. (Up to eight rides per employee.) (See Attachment 6.)
Passport Zone and Worksite Location Employees Annual Rate
per Employee Cost
King County Suburbs:
1055 S Grady Way, Renton, WA 98057
253
$465.60
$117,796.80
New Card(s) 0 X $5.00 $0.00
Total 253 $117,796.80
Business Passport Flat Rate Payment Terms
Net 60 days from start of program term
By invoice - do not send with contract
Additional Information
Additional Card Orders
Monthly Rate per additional employee = $0.00
During the agreement term additional cards can be ordered at the card fee as shown above.
Amount of Eligible Employee contribution
(Note: employees may contribute up to 50% of the Annual
Rate per Employee)
=
$0.00
Business Choice Products
Choice Products purchased by the Business Account will be prepaid by check or credit card, at
prevailing retail rates.
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 13 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
ATTACHMENT 2
DESIGNATED REPRESENTATIVES
BUSINESS ACCOUNT - Primary LEAD AGENCY – Primary
Name John Dan Hasty Stacie Khalsa
Title Transportation Planner Employer Transportation Representative
Address City of Renton King County Metro Transit
1055 S Grady Way Renton City Hall-5th Flr 201 S Jackson St KSC-TR-0434
Renton, WA 98057 Seattle, WA 98104
Telephone (425) 430-7217 (206) 477-5868
Cell Phone
Fax
E-Mail JHasty@rentonwa.gov Stacie.Khalsa@kingcounty.gov
BUSINESS ACCOUNT - Secondary LEAD AGENCY – Technical Support
Name Denis Law King County Metro Transit
Title Mayor Lead Agency Representative
Address City of Renton 201 S Jackson St, KSC-TR-0326
1055 S Grady Way Renton City Hall-5th Flr Seattle, WA 98104
Renton, WA 98057
Telephone (425) 430-6500 (206) 477-3700
Cell Phone
Fax
E-Mail dlaw@rentonwa.gov Business.Leadagent@kingcounty.gov
Billing Information
(If different from Primary Address)
Name
Title
Address
Telephone
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 14 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
ATTACHMENT 3
ELIGIBLE BUSINESS CARDHOLDERS
Definition and Number of Eligible Participants
Definition of
Eligible Participants
All benefit-eligible employees at 1055 S Grady Way, Renton, WA 98057.
Number of
Eligible Participants
253
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 15 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
ATTACHMENT 4
SAMPLE – ORCA BUSINESS CARDHOLDER RULES OF USE
As a Business Account Cardholder, I agree to the following:
1. I understand that the ORCA Business Card is owned by the employer that provided it to me and it
has been provided to me for my personal use only. I agree that I will not sell or transfer my
assigned ORCA Card to another person. If I violate these terms of use, my ORCA Card may be
blocked from further use.
2. I will keep my assigned ORCA Business Card secure and in good condition, and I will
immediately report a lost, stolen, or damaged ORCA Business Card to my company’s
Transportation Coordinator. I understand an ORCA Business Card will be replaced at the fee
charged by my company.
3. I will return my assigned ORCA Business Card upon request or when I leave my employment or
otherwise do not meet the eligibility requirements of my company. If I do not return my ORCA
Business Card, I understand that it may be blocked for further use.
4. I understand that my ORCA Business Card is valid for the following provided by the listed
transportation Agencies.
a. 100% of fares on regularly scheduled transportation service on Everett Transit,
Community Transit, Kitsap Transit, Metro Transit, Pierce Transit, Sound Transit, Seattle
Streetcar, King County Water Taxi, and Kitsap Transit Foot Ferry.
b. 100% of vanpool and vanshare fares on vanpool services provided by Community
Transit, Kitsap Transit, Metro Transit, and Pierce Transit.
5. I understand that the ORCA Business Card is not valid for fare payment on transportation
services not specified in Section 4 and I am responsible for paying any additional fares required
for services not covered, or not fully covered, by my assigned ORCA Business Card.
6. I understand that any additional ORCA Products I load onto my assigned ORCA Card will
become the property of the company that owns my ORCA Business Card and the refund, if any,
of such products will be made by the company according to its refund policy.
7. I understand the ORCA system will record data each time I use my assigned ORCA Business
Card. Data will include the date, time and location of the card when it is presented. I understand
this data is owned by the transit Agencies and is accessible to the company that owns my ORCA
Business Card.
8. I understand that the ORCA Card must be “tapped” on a card reader to show proof of fare
payment or issuance of a valid fare. Merely showing the ORCA Card on a bus, train, ferry or light
rail vehicle does not constitute proof of fare payment or issuance of a valid fare. I will be subject
to a fine if the ORCA Card is not "tapped," and I understand I will be personally responsible for
any fines that may be imposed.
9. I understand that for the correct fare to be recorded, I must “tap” off on a card reader when
exiting some transit systems. For example, I must "tap" off when exiting from a Sounder train or
Link light rail.
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 16 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
ATTACHMENT 4
SAMPLE – ORCA BUSINESS CARDHOLDER RULES OF USE (continued)
I acknowledge the receipt of my ORCA Business Card, and understand and agree to the terms stated
above on using the ORCA Business Card.
Employee’s Signature Date
Employee’s Printed Name ORCA Card Serial #
Transportation Coordinator Use Only – ORCA Card returned:
Employee’s Signature Date
ORCA Card Serial #
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 17 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
ATTACHMENT 5
ORCA BUSINESS ACCOUNT SECURITY STANDARDS
1.0 Application Security
1.1 At the time the Business Account enters into the ORCA program, the Lead Agency will provide a
single Business Account user id and temporary password to the Business Account's Primary
Contact (as specified in Attachment 2 Designated Representatives) to enable access to the
Business Account's area of the Business Account Website.
1.2 The Business Account shall immediately change the temporary password to a strong password
that meets the following criteria:
a. Length - At least eight (8) characters in length or the maximum length permitted by the
ORCA system, whichever is shorter.
b. Elements - Contains one each of at least three (3) of the following four (4) elements.
1. English upper case letters (A, B, C...)
2. English lower case letters (a, b, c...)
3. Westernized Arabic numbers: 0, 1, 2...9
4. Special characters: (@, #, %...)
1.3 The Business Account shall restrict access to the ORCA Business Account Website by providing
its user id and password to only the employee(s) who have a business "need to know" and who
are authorized by the Business Account as "system user(s)".
1.4 Access to the ORCA Business Account Website is restricted to the purpose of authorized
administrative support for the ORCA Business Account program
1.5 The Business Account's password shall be changed at least quarterly but also immediately upon
(a) a system user leaving the Business Account's employment or otherwise losing his/her status
as an authorized user; and (b) the Business Account learning that the password has been
obtained by unauthorized persons or entities.
1.6 The Business Account’s Primary Contact will review security policies and guidelines with system
users at least quarterly.
2.0 Physical Security
2.1 The Business Account shall require system users, when not at their workstations, to log off the
Business Account Website, or lock their screen using a password protected screen-saver in order
to prevent unauthorized access.
2.2 ORCA card stock shall be kept in a secure/locked location with access limited to those
administering the program.
2.3 The Business Account shall require its employees to keep printed reports containing account
information in a secure location.
3.0 Incident Management
3.1 The Business Account shall report any security incident or suspected incident immediately to the
Lead Agency. Examples of possible security incidents would be: introduction of computer viruses,
unauthorized transactions or blocked cards, or lost or stolen card stock.
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 18 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
ATTACHMENT 6
HOME FREE GUARANTEE PROGRAM
Home Free Guarantee (hereinafter, “HFG”) is a King County program that guarantees payment for taxi
fares incurred by Eligible Employees who meet the eligible criteria, as set forth below, and taken in
accordance with the terms set forth below. HFG is the emergency guaranteed ride home service
mentioned in Attachment 1 of the ORCA Business Passport Agreement.
1 DEFINITIONS
1.1 Approved Commute Modes
Eligible Employees must have commuted from their principal residence, transit center, or park & ride lot to
the Business Account’s worksite by one of the following modes: bus, train, carpool, vanpool, walk-on or
bicycle-on ferry, bicycle, or walk.
1.2 Eligible Reasons For Using HFG
The following are eligible reasons for using HFG:
a. Eligible Employee’s or family member’s unexpected illness or emergency.
b. Unexpected schedule change such that the normal commute mode is not available for the return
commute to the starting place of their commute. Unexpected means the employee learns of the
schedule change that day.
c. Missing the employee’s normal return commute to the starting place of their commute for
reasons, other than weather or acts of nature which are beyond the employee’s control, and of
which they had no prior knowledge. For example, the employee’s carpool driver left work or
worked late unexpectedly.
1.3 Non-Eligible Reasons For Using HFG
Reasons which are not eligible for HFG use include, but are not limited to, the following:
a. Pre-scheduled medical or other appointments.
b. To transport individuals who have incurred injury or illness related to their occupation. An
HFG ride should NEVER be used where an ambulance is appropriate, nor should an HFG
ride replace Business Account’s legal responsibility under workers’ compensation laws and
regulations.
c. Employee termination or reductions in force.
d. Other situations where, in the opinion of the Business Account’s Program Coordinator,
alternate transportation could have been arranged ahead of time.
1.4 Eligible Destinations For An HFG Ride
a. From the Business Account’s worksite to the Eligible Employee’s principal place of residence.
b. From the Business Account's worksite to the Eligible Employee’s personal vehicle, e.g.
vehicle located at a transit center or park & ride lot.
c. From the Business Account's worksite to the Eligible Employee’s usual commute ferry
terminal on the east side of Puget Sound.
1.5 Intermediate Stops
Intermediate stops are permitted only if they are of an emergency nature and are requested in advance
by the Eligible Employee and are authorized in advance of the HFG ride by the Business Account’s
Program Coordinator (i.e. pick up a necessary prescription at a pharmacy; pick up a sick child at school).
2 BUSINESS ACCOUNT RESPONSIBILITIES
2.1 HFG Program Payment
Business Account’s payment for HFG services is accounted for in the base price of the ORCA Business
Passport Agreement, as indicated in Attachment 1.
2.2 Program Coordinator
Business Account shall designate as many Program Coordinators as necessary to administer and
perform the necessary HFG program tasks as set forth in this Attachment.
AGENDA ITEM #1. a)
ORCA Passport Agreement Page 19 of 19
Business Name: City of Renton BAID: 2480
March 01, 2016 - February 28, 2017
ATTACHMENT 6
HOME FREE GUARANTEE PROGRAM (continued)
2.3 Number Of HFG Rides Per Eligible Employee
Business Account shall ensure that each Eligible Employee does not exceed eight (8) HFG rides per
twelve (12) month period.
2.4 Access to Service
Business Account shall make information about how to access HFG rides available to all Eligible
Employees.
3 HFG PROGRAM TASKS
3.1 Process
To access HFG rides, Eligible Employees shall contact the Program Coordinator. The Program
Coordinator shall call directly an answering service provider, contracted for by King County. The phone
number is 425-450-4555.
Program Coordinator shall screen and obtain the following information from the Eligible Employee, and
provide the information to the answering service provider as part of arranging the taxi ride for the Eligible
Employee.
a. Verify the Eligible Employee has commuted to the worksite by an eligible mode.
b. Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride.
3.2 Reporting
a. Once an Eligible Employee takes the emergency taxi ride, obtain from the Eligible Employee
a completed receipt of the taxi trip.
b. Business Account’s Program Coordinator shall forward copies of such receipts to King
County at the end of each month for record keeping and accounting purposes.
4 KING COUNTY RESPONSIBILITIES
4.1 Participating Taxi Business Account(s)
Business Account agrees that neither King County nor answering service provider is responsible for
providing transportation services under the HFG program. Business Account further agrees that King
County makes no guarantee or warranty as to the availability, quality or reliability of taxi service, and that
King County’s sole obligation under the program is to make payment of the taxi provider for trips actually
taken in accordance with the terms of this Agreement. Business Account agrees it shall make no claims
of any kind or bring any suits of any kind against King County for damages or injuries of any kind arising
out of or in any way related to the HFG program. Without limiting the foregoing and by way of example
only, the Business Account agrees that King County shall not be liable for any injuries or damages
caused by negligence or intentional acts occurring before, during or after a taxi ride or for any injuries or
damages caused by failure of a taxi to provide a ride due to negligence, intentional acts or causes beyond
the taxi’s control, including but not limited to incidence of fire, flood, snow, earthquake or other acts of
nature, riots, insurrection, accident, order of any court or civil authority, and strikes or other labor actions.
4.2 Payment Of Authorized HFG Taxi Fares
King County shall pay the metered fare amount of a Business Account’s Program Coordinator-authorized
HFG ride, as defined in the DEFINITIONS section above, for a one-way distance of up to sixty (60) miles.
Business Account or Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in
excess of sixty (60) miles. King County shall not pay any taxi driver gratuity. Taxi driver gratuity will be at
the sole discretion of Business Account or the Eligible Employee taking the HFG ride.
4.3 Reporting
King County shall keep a complete record of all authorized HFG ride requests and provide a copy of this
record to Business Account's designated Contact Person if requested.
4.4 Program Abuse
King County reserves the right to investigate and recover costs from the Business Account of intentional
abuse of the HFG program by Eligible Employees. Program abuse is defined as, but not limited to, taking
more than the maximum eight rides per agreement period, taking trips for inappropriate reasons,
unauthorized destinations and intermediate stops, and pre-scheduled appointments not defined in the
DEFINITIONS section above.
AGENDA ITEM #1. a)
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4035
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
KING COUNTY METRO TRANSIT REGARDING PURCHASE OF ORCA BUSINESS
CARDS AND ORCA BUSINESS PASSPORT PRODUCTS.
WHEREAS, the City of Renton, King County, and other area transportation agencies
share the desire to provide a transportation management program that will reduce single-
occupant vehicle travel and improve the mobility of employees to the City's worksites; and
WHEREAS, collectively, the area transportation agencies provide buses, vanpools, van
shares, light rail, commuter rail, streetcars, water taxis, and the Home Free Guarantee
program; and
WHEREAS, the area transportation agencies, through those programs, are authorized to
promote alternatives to single occupant vehicle commuting in King County; and
WHEREAS, the City wishes to provide incentives to its employees which promote non-
single-occupant vehicle commuting to its worksites; and
WHEREAS, the City and area transportation agencies desire to utilize ORCA Business
Cards and ORCA Business Passport products which can be used to access a variety of services
and benefits which enable the City's employees to commute by non-single occupant vehicles;
and
WHEREAS, it is necessary to memorialize the terms and conditions under which such
program will be provided to the City;
AGENDA ITEM #1. a)
RESOLUTION NO. 4035
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into an
interlocal agreement with King County Metro Transit entitled "Agreement for Purchase of ORCA
Business Cards and ORCA Business Products" and all subsequent agreements regarding
purchasing ORCA Business Cards and ORCA Business Passport Products that do not materially
change the terms of the agreement and are without budget parameters.
PASSED BY THE CITY COUNCIL this lst day of February , 2010.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 1st day of February 2010.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1440:l/l/10:scr
AGENDA ITEM #1. a)