HomeMy WebLinkAboutContractORCA Business Passport Agreement Page 1 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
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 ("Lead Agency") on behalf of the following agencies,
individually referred to as the “Agency” and collectively as the "Agencies" in this Agreement.
The Snohomish County Public Transportation Benefit Area (“Community Transit”)
The City of Everett (“Everett Transit”)
The King County Metro Transit Department (“King County Metro”)
The Kitsap County Public Transportation Benefit Area (“Kitsap Transit”)
Pierce County Public Transportation Benefit Area Corporation (“Pierce Transit”)
The Central Puget Sound Regional Transit Authority (“Sound Transit”)
The Washington State Department of Transportation, Ferries D ivision ("Washington State
Ferries")
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 Pas sport 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 18 below. Businesses must at a minimum cover all benefits -eligible
employees except those who work 100% remote. Additional participants can be included.
Eligibility is defined in Attachment 3 Eligible Participants.
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 per
Attachment 6 Guaranteed Ride Home, attached hereto), 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 myORCA.com 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 .
CAG-24-015DocuSign Envelope ID: 22E052A7-8EBD-4A5B-BC4E-740DF507F3D7
ORCA Business Passport Agreement Page 2 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
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 14, 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.
3.0 DEFINITIONS
3.1 Business Account. The organization, 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 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).
3.3 Business Cardholder(s) or Cardholder(s). The individual(s) whose ORCA cards are loaded by
and/or may be provided by the Business Account.
3.4 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.
3.5 Card Close. An ORCA system action that permanently invalidates an ORCA Card. The Business
Account, Lead Agency or Cardholder with access may close cards.
3.6 Card Lock. An ORCA system process action that prevents an ORCA Business Card from being
used until the action is reversed. The Business Account, Lead Agency or Cardholder with access
can lock and unlock cards.
3.7 Lead Agency. The Agency that entered into this Agreement on behalf of itself and the other
Agencies and, except as otherwise provided in this Agreement, is responsible for administration
of this Agreement on behalf of the Agencies, including contract modifications and renewals, and
ORCA system support
3.8 ORCA Website. The myORCA.com website used by the Business Account to manage its
account.
3.9 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.
3.10 ORCA Business Card (or “Business Card”). An ORCA fare card managed by 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
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City of Renton - BAID : 2480
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Attachment 1. These cards must be purchased with the business card profile of full access or
the account must be set to have the global ownership flag. The fare card may be a physical card
or if approved by the Lead Agency, a virtual fare card application.
3.11 Load-Only ORCA Card. An ORCA fare card managed by an individual which can be linked to a
Business Account with load-only privileges. Load-only privileges allow the Business Account to
load products and/or E-purse value. The Business Account does not have the ability to close
the card, transfer card balances or check card balance
3.12 ORCA Products. Any transit fare payment mechanism offered for sale within the ORCA system
by any of the Agencies. Examples include, but are not limited to, monthly or period pass, and E-
purse.
3.13 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 relat ed to the ORCA
program.
3.14 Parties. The Business Account and the Agencies (which include the Lead Agency) referred to
herein collectively as the "Parties" and individually as a “Party.”
3.15 Transportation Services. Those public transportation services provided by the Agencies that are
specified in Attachment 1.
4.0 PRICES AND PAYMENT TERMS
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 and (b) the timing of payments. Each order submitted by the Business
Account for ORCA Business Cards and/or any ORCA Products will be subject to the pr ovisions of this
Agreement.
4.1 The Business Account's purchase of any Business Choice Products via the myORCA.com
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.
4.2 Payment in full is due as specified in Attachment 1.
4.3 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, Sound
Transit, on behalf of the Lead Agency will notify the Business Account of the payment problem
and if full and clear payment is not received within ten (10) days of such notification, the Lead
Agency may:
4.3.1 Refuse to process new orders for ORCA Business Cards and lock the loading of new
ORCA Products by or for the Business Account;
4.3.2 Assess any late payment, NSF and collection fees to the maximum amount permitted by
law;
4.3.3 Initiate a Card Lock on the Business Cards issued to the Business Account, rendering
them ineffective for use by the Cardholders, until such time as the Business Account
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
pays the full amount due, including any late payment, NSF and fees, in a manner
acceptable to the Lead Agency; and
4.3.4 Suspend or terminate access rights to the Business Account's secured area of the
website.
4.4 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 court costs, attorney fees and
collection fees incurred in collecting amounts due from the Business Account.
4.5 Sound Transit, on behalf of the Lead Agencies, will be responsible for invoicing and receiving
amounts due per this Agreement, unless otherwise described in this Agreement
Payments will be remitted to:
Central Puget Sound Regional Transit
LB 1194
PO BOX 35146
Seattle, WA 98124-5146
Wire /ACH instructions will also be available.
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 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 be responsible for the
management 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 Close or Card Lock 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
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City of Renton - BAID : 2480
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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 manages
all Business Cards it distributes but a cardholder may also purchase and load individual ORCA
Products on a Business Card. The Business Account understands that a Business Card it
distributes to a Cardholder may be lin ked by the Cardholder to his/her/their personal account on
myorca.com as provided in Section 6. The Business Account may not register the Business
Cards that are issued under this Agreement to a personal account.
The Business Account shall require that the Cardholder, as a condition of receiving a Business
Card, be informed of the Cardholder Rules of Use, incorporated in this Agreement as Attachment
4 ORCA Business Cardholder Rules of Use, through the Business Account’s’ standard means
of communicating policies.
The Business Account understands and agrees th at 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 p ersonally 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 dis tributed Business
Cards, the Business Account is solely responsible for its collection, use, storage and disclosure
of such information.
5.8 Card Locks and Card Close. 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 Lock, which is reversible action, or a Card Close,
which is a permanent action, via the myORCA.com website to invalidate the subject Business
Card. The Lead Agency may also initiate a Card Lock or Card Close 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 4.3, or if it is suspected that a card has been
altered, duplicated, counterfeited, stolen or used by an ineligible Cardholder.
5.9 Restoration of Value After Card is Locked or Closed. Following a Card Lock, a Business
Account can transfer remaining funds and products onto a replacement card. Business Account
will be responsible for card replacement fee.
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 Close, and
end of useful life. Provided, however, and notwithstanding the exclusion of warranties in Section
15, 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
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City of Renton - BAID : 2480
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tear excepted. The Business Account understands and agrees that t o 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 it will 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 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 servic e 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 link his/her/their 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 full access to the card but may give the
Cardholder the right to access the myORCA.com website to view the card's transaction history
and current stored value, 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 specifica lly outlined in RCW
42.56.330(5).
7.0 BUSINESS RESPONSIBILITIES AND PRIVILEGES RELATING TO LOAD -ONLY CARDS
7.1 The Business Account understands that if it links an individual’s ORCA card to their Business
Account with load-only privileges the Business Account will have limited access. The Business
Account will be able to load products and/or E-purse on the account and unlink the card from its
account. The Business Account will not be able to close the card, transfer products and/or E-
purse value, or view card balance.
7.2 When the load-only card holder is no longer eligible for a transit benefit, the Business Account
is responsible for unlinking the card from their account.
8.0 NO RETURNS OR REFUNDS
Except as otherwise provided herein or in Section 14.2, the Business Account understands and agrees
that its purchases of Business Cards, and Business Passport or Business Choice products purchased
for such cards, are final and it is not entitled to any refunds . However, the Business Account may request
a refund of the E-purse value remaining on a Business Card if the card is closed. The Lead Agency
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City of Renton - BAID : 2480
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shall initiate a Card Close and the refund will be processed approximately ten (10) days after the Card
Close was initiated. 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 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.
9.0 BUSINESS ACCOUNT WEBSITE
9.1. The myORCA.com 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
myORCA.com website when it is available and that each access and use of said website shall
be subject to the ORCA Terms of Use and ORCA Privacy Statement that are in effect and posted
on the myORCA.com website at the time of such access and use.
9.2. The Business Account understands and agrees that uninterrupted access to and use of the
myORCA.com 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.
9.3. At the time the Business Account enters into the ORCA program, the Business Account’s
Primary Contact (Super Admin) will be provided a password to access myorca.com. The Super
Admin will be responsible for adding additional admins to the Business Account. The Business
Account is solely responsible for managing their account’s users. 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.
10.0 INFORMATION PROVIDED BY THE AGENCIES AND THE ORCA SYSTEM
10.1 The Business Account understands and agrees that the data, reports or any information
provided to it via the myORCA.com website or otherwise, is and remains the sole property of
the Agencies and nothing shall be construed as a transfer or grant of any copy right 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 myORCA.com website or otherwise, for any lawful purpose related to the
administration of the transportation benefits program of the Business Account.
10.2 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
myORCA.com 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 hi m, 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:
10.2.1 Card number or the date, time and other known details about the specific transaction for
which a card serial number is being requested;
10.2.2 Detailed statement as to why the information is germane to the prevention of fraud; and
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10.2.3 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.
11.0 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 prov ided 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 Busin ess 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.
12.0 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 Lock or Closing a Card 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.
13.0 ORCA SERVICES SUBJECT TO CHANGE
The Agencies seek to continually improve and enhance the ORCA Services. With thousands of
organizations, 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 Accou nt 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 myORCA.com 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 1 4.2.
14.0 TERMINATION
14.1 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 def ault 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
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(10) days of the sending of the email not ice. Upon the effective date of such termination, the
Lead Agency may immediately terminate the website access privileges of the Business Account,
lock 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.
14.2 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 Lock on the Business Cards issued to the Business Account ,
and decline to accept and fulfill any pend ing 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 pro ducts 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 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 shal l be entitled to
a refund of the excess it has paid.
14.3 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, coll ection costs or other costs arising
from a failure to make timely and effective payment.
15.0 EXCLUSION OF WARRANTIES
15.1 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.
15.2 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 WEBSITE, INCLUDING BUT NOT LIMITED TO THE
CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITE, WILL BE FREE OF
DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL INTRUSIONS .
15.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND EACH OF THE OTHER
AGENCIES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXP RESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES OF QUIET ENJOYMENT
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OR NON-INFRINGEMENT; AND ANY WARRANTIES CREATED BY TRADE USAGE,
COURSE OF DEALING, OR COURSE OF PERFORMANCE.
15.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE
AGENCIES OR THE ORCA SYSTEM SHALL REVISE OR CREATE ANY WARRANTY.
16.0 NOTICES
16.1 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 16.2.
16.2 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.
17.0 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, pandemics, acts of civil or military authorities, terrorism, fire or water damage,
accidents, labor disputes or actions, shutdowns for purpose of emergency repairs, or industria l, civil or
public disturbances.
18.0 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 website, shall be subje ct to all applicable
federal, state and local law, regulations, ordinances, codes and policies, including but not limited to the
ORCA Cardholder Terms of Use and ORCA Privacy Statement (posted on the ORCA website 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.
19.0 PROHIBITED DISCRIMINATION
The Business Account shall not discriminate on the basis of race, color, sex, religion, natio nality, 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.
20.0 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 .
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ORCA Business Passport Agreement Page 11 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
21.0 LEGAL RELATIONS
21.1 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 un derstands
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.
21.2 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
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 EXCLUD ED 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
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
APPLICABLE AGENCIES: (A) THE CORRECTION, SUBSTITUTION OR
REPLACEMENT OF ALL OR PART OF THE ORCA SERVICES GIVIN G 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 REASON ABLE
RELIANCE.
THE DAMAGE EXCLUSIONS AND LIMITATIONS ON LIABILITY IN THE AGREEMENT
SHALL APPLY EVEN IF ANY REMEDY FAILS FOR ITS ESSENTIAL PURPOSE.
21.3 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.
21.4 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 c onflict 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.
21.5 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.
21.6 Survival. Sections 4, 5, 10, 15 and 21 shall survive and remain effective notwithstanding any
termination of this Agreement.
21.7 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.
22.0 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.
23.0 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
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
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.
24.0 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.
25.0 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.
26.0 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
City of Renton
BY: \s1\
Name: Armondo Pavone
Title: Mayor
Date:
ATTEST:
Name: Jason A Seth
Title: City Clerk
Approved as to Legal Form:
Name: Cheryl Beyer
Title: Senior Assistant City Attorney
d1\
LEAD TRANSPORTATION AGENCY
King County Metro
BY: \s2\
Name: Ina Percival
Title: Supervisor, Market & Business
Development
Date: \d2\
DocuSign Envelope ID: 22E052A7-8EBD-4A5B-BC4E-740DF507F3D7
3/5/2024
3/5/2024
ORCA Business Passport Agreement Page 14 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
ATTACHMENT 1
ORCA BUSINESS PASSPORT - PRODUCTS, PRICING AND TERMS
Business Account: City of Renton
Business Account Federal Tax ID #: 91-6001271
ORCA Business Account ID#: 2480
Agreement Type: Area-Based Passport Contract
Program Term: 3/1/2024 - 3/1/2025
Business Passport Flat Rate Products
• Valid for full and unlimited rides on:
o Bus: Community Transit, Everett Transit, King County Metro, Kitsap Transit,
Pierce Transit and Sound Transit
o Ferry: King County Water Taxi, Kitsap Local Ferries and Fast Ferries
o Monorail
o Seattle Streetcar
o Rail: Sound Transit Link light rail and Sound Transit Sounder (including Rail Plus
partnership with Amtrak Cascades
o ParaTransit Transportation: King County Metro Access, Kitsap Transit Access,
and Pierce Transit SHUTTLE
• Vanpool: 100% fare subsidy on Community Transit, King County Metro, Kitsap Transit,
and Pierce Transit vanpool vans
• Vanshare: 100% subsidy on Community Transit, King County Metro, Kitsap Transit and
Pierce Transit vanshare vans
• Guaranteed Ride Home: For details, see Attachment 6 Emergency Guaranteed Ride
Home.
Passport Zone and Worksite Location Employees
Annual Rate
per
Employee Cost
King County Suburbs –
1055 S Grady Way, Renton, WA
348 $300.24
$ 113,190.48
New Card(s) 0
X $ 3.00 $ 0.00
Subtotal $ 113,190.48
Total $ 113,190.48
Card Logo Permission
The Business Account hereby grants permission for the Agencies to print the Business Account's
name and logo on the Business Account's ORCA Business Cards and no further permission is
required.
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
Business Passport Flat Rate Payment Terms
• Net 60 days
Additional Information
Additional Card Orders
During the agreement term additional cards can be ordered at the standard card fee only.
Amount of Eligible Participant contribution
(Note: employees may contribute up to 50% of the Annual Rate per Employee)
King County Suburbs –
1055 S Grady Way, Renton, WA
= 0%
Business Choice Products
Choice Products purchased by the Business Account will be prepaid by invoice , credit card or ACH,
at prevailing retail rates.
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ORCA Business Passport Agreement Page 16 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
ATTACHMENT 2
DESIGNATED REPRESENTATIVES
BUSINESS ACCOUNT - Primary LEAD AGENCY - Primary
Name John Hasty Kay Mennie
Title Transportation Planner Customer Relationship Manager
Address 1055 S Grady Way
Renton, WA 98057-3232
201 S Jackson St
Seattle, WA 98104
Telephone (253) 988-5817 (206) 477-4883
E-Mail choclab@rocketmail.com kay.mennie@kingcounty.gov
BUSINESS ACCOUNT - Secondary LEAD AGENCY - Secondary
Name Ellen Talbo
Title Transportation Planning Manager
Address 1055 S Grady Way
Renton, WA 98057-3232
Telephone (425) 766-2233
E-Mail etalbo@rentonwa.gov
BUSINESS ACCOUNT - Billing
Name Kelsey Marshall
Title Administrative Secretary
Address 1055 S Grady Way
Renton, WA 98057-3232
Telephone (425) 430-7380
E-Mail
kmarshall@rentonwa.gov
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ORCA Business Passport Agreement Page 17 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
ATTACHMENT 3
ELIGIBLE CARDHOLDERS
Definition and Number of Eligible Cardholders
Eligible Participant - Businesses must, at a minimum, cover all benefits -eligible employees except those
who work 100% remote. Additional participants can be included.
Definition of
Eligible
Participants
All benefit-eligible employees
Number of
Eligible
Participants
348
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
ATTACHMENT 4
SAMPLE - ORCA BUSINESS CARDHOLDER RULES OF USE
(Business account can customize content for means of communicating with employees )
As a Business Account Cardholder, I agree to the following:
1. I understand that the ORCA Business Card is owned by the organization 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 locked 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, King County Metro, King County Water Taxi, Kitsap Transit and Kitsap
Ferries, Monorail, Pierce Transit, Sound Transit, and Seattle Streetcar.
b. 100% of vanpool and vanshare fares on vanpool services provided by Community Transit,
Kitsap Transit, King County Metro, 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 valid for fare payment only on transportation
services 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 compa ny 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
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
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.
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
ATTACHMENT 5
ORCA BUSINESS ACCOUNT SECURITY STANDARDS
1.0 Application Security
1.1 At the time the Business Account enters into the ORCA program a unique password will be used
by each Business Account authorized to enable access to myORCA.com.
1.2 The Business Account shall use 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 one character from each of the following four (4)
groups:
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 myORCA.com 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)". If the password is updated f or reasons
listed in (a) or (b), then the security questions for that same account shall be updated as well.
1.4 Access to the myORCA.com 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 al so 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
myORCA.com 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.
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
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.
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ORCA Business Passport Agreement Page 22 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
ATTACHMENT 6
GUARANTEED RIDE HOME PROGRAM
1.0 PURPOSE
The purpose of this agreement is to define responsibilities of the Agency and the Business
Account under the Guaranteed Ride Home program (hereinafter, “GRH.”) GRH guarantees
payment for fees incurred by eligible employees who meet the eligible criteria, a s set forth
below, and have taken rides taken in accordance with the terms set forth below.
This Agreement sets forth all the rights and duties of the parties with respect to the subject
matter thereof, and replaces any and all previous agreements or und erstandings, whether
written or oral, relating thereto.
2.0 DEFINITIONS
2.1 Eligible Employees
Eligible Employees are individuals included in the Eligible Participant definition on Attachment
3 who traveled to work using an approved commute option on the day they wish to use GRH.
2.2 Program Coordinator
The Program Coordinator is the Business Account’s designated staff person(s) or office
responsible for administering GRH for each shift.
2.3 Approved Commute Options
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 Approved Commute
Options: bus, train, carpool, vanpool, walk-on or bicycle-on ferry, bicycle, walk or other non-
drive alone commute option.
2.4 Eligible Reasons
Eligible Reasons for using GRH are:
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.
2.5 Non-Eligible Reasons
Non-Eligible Reasons for which GRH may not be used include, but are not limited to:
a. Pre-scheduled medical or other appointments.
b. To transport individuals who have incurred injury or illne ss related to their occupation. A
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
GRH ride should NEVER be used where an ambulance is appropriate, nor should a GRH
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.
e. Non-emergency side trips.
f. Inclement weather.
g. The individual has already met their trip limits for the year.
h. To take ferry commuters any farther than the ferry dock.
2.6 Eligible Destinations
Eligible Destinations for a ride under GRH from the Business Account’s work site are to:
a. Eligible Employee’s principal place of residence.
b. Eligible Employee’s personal vehicle, e.g. vehicle located at a transit center or park & ride
lot.
c. Eligible Employee’s usual commute ferry terminal on the east side of Puget Sound.
d. To a medical provider in an unexpected situation.
e. To an intermediate stop if it meets the criteria set forth below.
2.7 Intermediate Stops
An Intermediate Stop is a stop from the work site at an intermediate location before going on
to an Eligible Destination that is directly related to an emergency (i.e. pick up a necessary
prescription at a pharmacy; pick up a sick child at school), is requested in advance by the
Eligible Employee and is authorized in advance by the Business Account’s Program
Coordinator.
3.0 BUSINESS ACCOUNT RESPONSIBILITIES
3.1 Program Coordinator
Business Account shall designate as many Program Coordinators as necessary to administer
and perform the necessary GRH program tasks as set forth in this Attachment.
3.2 Number of GRH Rides per Eligible Employee
Business Account shall ensure that each Eligible Employee does not exceed eight (8) GRH rides per
twelve (12) month period. There is a 60 mile trip limitation one way (employee will pay the remainder
of the fare beyond 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 GRH ride.
3.3 Access to Service
Business Account shall make information about how to access GRH rides available to all
Eligible Employees.
4.0 GRH PROGRAM TASKS
4.1 Process
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
To access GRH rides, Eligible Employees shall contact the Program Coordinator. The Program
Coordinator shall call an answering service provider directly, contracted by King County. The phone
number is 425-450-4555. Program Coordinator shall screen and obtain the following info rmation from
the Eligible Employee and provide the information to the answering service provider as part of
arranging the taxi ride for the Eligible Employee.
1. Verify the Eligible Employee has commuted to the worksite by an eligible mode.
2. Verify the Eligible Employee has an Eligible Reason and Eligible Destination for a GRH ride.
4.2 Reporting
1. Once an Eligible Employee takes the emergency taxi ride, obtain from the Eligible Employee
a completed receipt of the taxi trip.
2. 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.
5.0 AGENCY RESPONSIBILITIES
5.1 Agency shall provide Business Account Program Coordinator with procedures, guidelines and
all documents needed to facilitate the program. Agencies will conduct evaluations of program’s
effectiveness.
5.2 Indemnification
Business Account agrees the Agency is not responsible for providing transportation services
under the GRH program. Business Account further agrees that the Agency makes no
guarantee or warranty as to the availability, quality or reliability of transportation service, and
that the Agency’s sole obligation under the program is to make payment of the transportation
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 the
Agency for damages or injuries of any kind arising out of or in any way related to the GRH
program. Without limiting the foregoing and by way of example only, the Business Account
agrees that the Agency shall not be liable for any injuries or damages caused by negligence or
intentional acts occurring before, during or after a ride or for any inj uries or damages caused
by failure of a transportation company to provide a ride due to negligence, intentional acts or
causes beyond their 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.
5.3 Payment of Authorized GRH
King County shall pay the metered fare amount of a Business Account’s Program Coordinator -
authorized GRH ride, as defined in the DEFINITIONS section above. Business Account’s payment for
GRH services is accounted for in the base price of the ORCA Passport Agreement, as indicated in
Attachment 1.
5.4 Reporting
The Agency shall keep a complete record of all authorized GRH ride requests a nd provide a
copy of this record to Business Account's designated Program Coordinator if requested.
5.5 Program Abuse
The Agency reserves the right to investigate and recover costs from and/or disqualify the
Business Account for intentional abuse of the GRH program by Eligible Employees. Program
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ORCA Business Passport Agreement Page 25 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
abuse is defined as, but not limited to, taking more than the maximum 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. The
Agency shall also have the right to recover costs from and/or disqualify a Business Account
who knowingly, willingly or intentionally violates the terms of this Agreement by authorizing
ineligible or inappropriate trips or failing to fulfill their responsibilities as described in this
Agreement.
5.6 Amendment and Termination
This Agreement and any of its terms or provisions may be amended by written agreement of
the parties. All amendments to this Agre ement shall be in writing and signed by the persons
authorized to bind the parties to this Agreement and as provided herein.
The Agreement may be terminated by either the Agency or the Business Account for
convenience and without cause by giving written notice of such termination to the other party
at least thirty (30) days prior to the effective date of such termination. This Agreement shall
continue in force until terminated by either party or until the Business Account’s ORCA
Business Passport Agreement is terminated, whichever comes first.
The Agency shall have the right to terminate the Agreement immediately if the Business
Account places the Agency or the public at undue risk as determined by Agencies, or if the
Business Account’s ORCA Business Pass port Agreement is suspended or terminated.
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