HomeMy WebLinkAboutContract rcaCAG-18-024
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
ORCA Passport Agreement Page 1 of 19
Business Name: City of Renton BAID:2480
March 01, 2018-February 28,2019
Agency may communicate with and rely upon either the Primary or Secondary Contact Person on
matters relating to this Agreement.
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 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. Those public transportation services provided by the Agencies that are
specified in Attachment 1.
ORCA Passport Agreement Page 2 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28,2019
4.0 PRICES AND PAYMENT TERMS
4.1 The prices and payment terms applicable to this Agreement are specified in Attachment 1. 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,. If additional cards are required, the Business
Account may be required to pay the standard card fee and other applicable fees 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 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.
ORCA Passport Agreement Page 3 of 19
Business Name: City of Renton BAID:2480
March 01, 2018-February 28,2019
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.
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 that the Cardholder, as a condition of receiving a Business
Card, is informed of the Cardholder Rules of Use, incorporated in this Agreement as Attachment 4
ORCA Business Cardholder Rules of Use, through your business' standard means of
communicating policies.
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 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.
ORCA Passport Agreement Page 4 of 19
Business Name: City of Renton BAID:2480
March 01, 2018-February 28, 2019
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 sometime 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.
6.4 The Cardholder's personally identifying information is generally exempt from disclosure under the
Washington Public Records Act (Chapter 42.56 RCW) as more specifically outlined in RCW
42.56.330(5).
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) may be payable by the Business Account to the Lead Agency for each refund that is
processed, regardless of E-purse value or number of cards refunded. The Business Account, not 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.
ORCA Passport Agreement Page 5 of 19
Business Name: City of Renton BAID:2480
March 01, 2018-February 28,2019
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,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, ORCA Business Account
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. Fraud is defined as intentional deception or
misrepresentation by a person with knowledge that it will result in an unauthorized benefit to him,
her, or some other person. The submittal is not intended to be used to request data for multiple
cards or all cards managed by the Business Account.
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 Detailed 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 the Rules of Use, as provided to the
Cardholder. The Business Account must maintain its own records if it wishes to identify the card
serial number issued to an individual.
ORCA Passport Agreement Page 6 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28,2019
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 valid for at least one day.) If the
ORCA Passport Agreement Page 7 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28, 2019
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, 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
ORCA Passport Agreement Page 8 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28,2019
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 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
ORCA Passport Agreement Page 9 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28, 2019
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 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
ORCA Passport Agreement Page 10 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28,2019
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 LEAD AGENCY
%%%%%%% EN City of Rento King County Metro Transit
%% ENr''
CILAMt‘
BY:'' .I /
BY:
D-ei ilo Law, Mayor
5. ,'OrSEAL
= _ Christi Masi
Program Manager
Customer Communications and Services
oito
f`('r Date: �g �/'
:Ta n A. Seth, City Clerk
ORCA Passport Agreement Page 11 of 19
Business Name: City of Renton BAID: 2480
March 01, 2018-February 28,2019
ATTACHMENT I
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, 2018 -February 28, 2019
Business Passport Flat Rate Products
• Valid for full fare and unlimited rides on:
o Regular bus services on Community Transit, Everett Transit, Kitsap Transit, Metro Transit,
Pierce Transit, and Sound Transit
o Regular service on Sound Transit Link light rail
o Regular service on Sound Transit Sounder commuter rail (including Rail Plus partnership with
Amtrak Cascades)
o Regular service on Seattle Streetcar
o Regular service on King County Water Taxi (Vashon and West Seattle routes).
o Regular service on Kitsap Local Ferries and Kitsap Fast Ferries.
o Access Transportation service on Kitsap Transit and Metro Transit(Access-eligible riders only)
• 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 Cost
Employee
King County Suburbs: 281 $409.88 $115,176.28
1055 S Grady Way, Renton, WA 98057
New Card(s) 0 X $5.00 $0.00
Total 281
$115,176.28
Business Passport Flat Rate Payment Terms
• Net 60 days from start of program term
• Payment due per the above terms. Invoice will be sent by King County Finance.
Additional Information
Additional Card Orders
During the agreement term additional cards can be ordered at the standard card fee only.
Amount of Eligible Employee contribution
(Note: employees may contribute up to 50% of the Annual = $0.00
Rate per Employee)
Business Choice Products
Choice Products purchased by the Business Account will be prepaid by check or credit card, at
prevailing retail rates.
ORCA Passport Agreement Page 12 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28,2019
ATTACHMENT 2
DESIGNATED REPRESENTATIVES
!NESS- C TFr Ergy
Name John Dan Hasty Roland Bautista
Title Transportation Planner Customer Services Coordinator
Business Name City of Renton King County Metro Transit
Address 1055 S Grady Way Renton City Hall-5th FIr 201 S Jackson St, KSC-TR-0326
Renton, WA 98057 Seattle, WA 98104
Telephone (425)430-7217
(206)477-5782
E-Mail JHasty@rentonwa.gov Roland.Bautista@kingcounty.gov
,� � s
Name Denis Law Lead Agency Representative
Title Mayor
Business Name City of Renton King County Metro Transit
Address 1055 S Grady Way Renton City Hall-5th FIr 201 S Jackson St, KSC-TR-0326
Renton, WA 98057 Seattle, WA 98104
Telephone (425)430-6500
(206)477-3700
E-Mail dlaw@rentonwa.gov Business.Leadagent@kingcounty.gov
Name John Dan Hasty
Title Transportation Planner
Business Name City of Renton
Address 1055 S Grady Way Renton City Hall-5th FIr
Renton, WA 98057
Telephone (425)430-7217
E-Mail JHasty@rentonwa.gov
ORCA Passport Agreement Page 13 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28,2019
ATTACHMENT 3
ELIGIBLE BUSINESS CARDHOLDERS
Definition and Number of Eligible Participants
Definition of All benefit-eligible employees at
Eligible Participants 1055 S Grady Way
Renton, WA 98057
Number of 281
Eligible Participants
ORCA Passport Agreement Page 14 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28, 2019
ATTACHMENT 4
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 Community Transit, Everett Transit,
Kitsap Transit and Kitsap Ferries, King County Water Taxi, Metro Transit, Pierce Transit, Sound
Transit, and Seattle Streetcar.
b. 100% of vanpool and vanshare fares on vanpool services provided by Community Transit, Kitsap
Transit, Metro Transit, and Pierce Transit.
5. I understand and will comply with policies of my employer or other institution that provided my ORCA
Business Card.
6. 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.
7. 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.
8. I understand in the event any ORCA Products I load onto my assigned ORCA Card must be replaced,
I am responsible for any fares required during the replacement period.
9. 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.
10. 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.
11. 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.
ORCA Passport Agreement Page 15 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28, 2019
ATTACHMENT 4
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#
ORCA Passport Agreement Page 16 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28,2019
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.
ORCA Passport Agreement Page 17 of 19
Business Name: City of Renton BAID: 2480
March 01,2018-February 28,2019
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.
1.0 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).
2.0 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.
2.3 Number Of HFG Rides Per Eligible Employee
ORCA Passport Agreement Page 18 of 19
Business Name: City of Renton BAID:2480
March 01,2018-February 28,2019
ATTACHMENT 6
HOME FREE GUARANTEE PROGRAM (continued)
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.
3.0 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.
4.0 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.
ORCA Passport Agreement Page 19 of 19
Business Name: City of Renton BAID:2480
March 01, 2018-February 28, 2019