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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name:
Vendor Number: 3 l& 42
JD Edwards Number
Contract Number: e-S(I— .��
This is assigned by City Clerk's Office
Project Name: QR CPr O PAZ.>S
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ',Contract
❑ Other:
Contract Effective Date: ri I I Termination Date: Lo-W-la,
Contract Renewal Notice (Days): tV
Number of days required notice for termination or renewal or amendment
Contract Manager: -kj a zi g_Department: F �st�� &F_ tcts
Detail: (i.e. address, location, parcel number, tax id, etc.):
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AGREEMENT FOR PURCHASE OF ORCA BUSINESS CARDS AND `UN 2 4 `DIII I j
ORCA BUSINESS PASSPORT PRODUCTS i l�
THIS AGREEMENT (hereinafter, "Agreement") is made and entered into by and among City of Kent
("Business Account") and King County Metro Transit ("Lead Agency") on behalf 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 16 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
21 This Agreement shall take effect upon the effective date specified in Attachment 1 Unless
terminated in accordance with Section 12, this Agreement shall continue in effect for one (1) year,
or such other term as may be specified in said Attachment 1.
22 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
ORCA Passport Agreement Page 1 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
3.0 DEFINITIONS
31 Agency(ies) The following public transportation agencies that are participating in this Agreement
to the extent provided herein.
A The Snohomish County Public Transportation Benefit Area ("Community Transit")
B The City of Everett("Everett Transit")
C King County Department of Transportation, Metro Transit Division ("King County")
D The Kitsap County Public Transportation Benefit Area("Kitsap Transit")
E The Pierce County Public Transportation Benefit Area Corporation ("Pierce Transit")
F The Central Puget Sound Regional Transit Authority("Sound Transit")
G The State of Washington acting through the Washington State Department of
Transportation, Washington State Ferries Division ("WSF")
32 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
33 Business Account Website The websste used by the Business Account to manage its account,
currently at www orcacard biz
34 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)
35 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
36 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
37 Card Block An ORCA system process that culminates in invalidating an ORCA Business Card
38 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
39 ORCA The trademarked name of the system that enables use of a common fare card (One
Regional Card for All) on the public transportation services provided by any of the Agencies
3.10 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
3.11 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
312 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
3.13 Parties The Business Account and the Agencies (which include the Lead Agency) may be
collectively referred to as"Parties"
ORCA Passport Agreement Page 2 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
314 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
3.15 Product Block An ORCA system process that culminates in invalidating an ORCA Product
without invalidating the card on which it is loaded
316 Transportation Services are those public transportation services provided by the Agencies that
are specified in Attachment 1
4.0 PRICES AND PAYMENT TERMS
41 The prices and payment terms applicable to this Agreement are specified in Attachment 1,
Products, Pricing and Terms Such terms shall include (a) the amounts due for the Business
Cards, Business Passport Product, and any other products, services and fees, (b) the timing of
payments, and (c) the acceptable method of payment Each order submitted by the Business
Account for ORCA Business Cards and/or any ORCA Products will be subject to the provisions of
this Agreement.
42 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.
43 Payment in full is due as specified in Attachment 1
44 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
A. refuse to process new orders for ORCA Business Cards and block the loading of new
ORCA Products by or for the Business Account,
B assess any late payment, NSF and collection fees to the maximum amount permitted by
law,
C. 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
collection fees in a manner acceptable to the Lead Agency, and
D suspend or terminate access rights to the Business Account's secured area of the
website
45 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
51 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 shall be required to pay both the standard card fee and the pro rata price
for loading the Passport Product on such additional cards for the remaining months of this
Agreement, as specified in Attachment 1
52 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
ORCA Passport Agreement Page 3 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
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
53 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
5.4 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
CIRCA products on a Business Card and individually register the card To enable Cardholders to
register Business Cards as provided in Section 6 below, the Business Account may not register,
or allow anyone other than the Cardholder to register,the Business Cards that are issued under
this Agreement The Business Account shall require, as a condition of receiving a Business
Card, that the Cardholder sign the written Cardholder Rules of Use in the form of Attachment 4,
which is incorporated in this Agreement by this reference, or such other form as may be approved
by the Lead Agency, provided it includes the following at a minimum
A a prohibition on the sale or transfer of the Business Card,
B notice that the Cardholder is required to pay any difference between a required fare and
the value of the CIRCA Product loaded onto the Business Card,
C. notice that any ORCA Products purchased by the Cardholder with his/her own funds and
loaded on the Business Card, including but not limited to the E-purse,will become the
property of the Business Account and any subsequent refund to the Cardholder would be
the responsibility of the Business Account in accordance with its own refund policy
Individuals are encouraged to purchase an individual card if they have concerns about
refund policies
D notice that the ORCA System will record data each time the Cardholder presents a
Business Card to an ORCA device to prove fare payment, to load a product on it, or to
review the amount and type of product on it Such data will include, but not be limited to,
the date, time and route or other location related to the card being presented Such data
is owned by the Agencies but accessible to the ORCA System contractor(s) that operate
it, the Business Account, and the Agencies
E notice that use of an ORCA Business Card to ride an Agency Transportation Service
requires more than showing the card to a driver or fare enforcement officer The
Cardholder must actually tap a valid ORCA Business Card on an CIRCA card reader
when boarding deboarding or both, as required by the Agency's rules For example,to
show proof of payment of the required fare, riders on Sound Transit's Link light rail or
Sounder train service must tap the ORCA card to an ORCA reader device before
boarding and after deboarding (even if the rider boarded in a ride-free area)
F notice that proof of fare 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 maybe imposed
The Business Account understands and agrees that it is solely responsible for implementation
and enforcement of the Cardholder Rules of Use
55 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
ORCA Passport Agreement Page 4 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
56 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 a-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
5.7 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
58 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 13, if a
Business Card malfunctions within twelve (12) months after it was delivered to the Business
Account, it shall be replaced by the Lead Agency without additional charge to the Business
Account if the malfunction was caused by a defect in design, material or workmanship and was
not caused by misuse, an intentional act, negligence or damage, reasonable wear and tear
excepted The Business Account understands and agrees that to avoid the disruption and
inconvenience caused by sporadic failures as its cards are used, it must plan for replacement of
its Business Cards on a regular basis As a condition of continuing under the Business Passport
program,the Business Account agrees that (a) it will retire all of its ORCA Business Cards at
some time within four years after they are issued by the Lead Agency to the Business Account,
and (b) purchase replacement Business Cards at the then-applicable rate.
6.0 CARDHOLDER USE OF ORCA BUSINESS CARDS
Cardholder Privileges The Business Account understands and agrees that, although it remains the
owner of ORCA Business Cards after distribution,the Cardholder has the following privileges in
connection with the use of an ORCA Business Card
A 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
B. 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
C 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
ORCA Passport Agreement Page 5 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
Website to view the card's transaction history and current stored value,to modify travel
zone preferences, and to add retail products
7.0 NO RETURNS OR REFUNDS
Except as otherwise provided herein or in Section 12 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 often dollars ($10) shall
be payable by the Business Account to the Lead Agency for each such E-purse refund that is
processed, regardless of E-purse value refunded The Business Account, not the Lead Agency,
is responsible for the refunding of such E-purse value, if any, to the individual Cardholder to
whom the Business Card had been distributed
8.0 BUSINESS ACCOUNT WEBSITE
81 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 Asa 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
82 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
83 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 Security
Standards),which is incorporated in this Agreement by this reference
9.0 INFORMATION PROVIDED BY THE AGENCIES AND THE ORCA SYSTEM
91 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
92 The ORCA System will record data each time an ORCA Business Card is presented to an ORCA
device for fare payment and to load a product Such transaction data includes, but is not limited
to,the date,time, and location (or route) of the transaction The Business Account may routinely
access such transaction data related to its Business Cards to the extent provided via the
Business Account Website Said website and its reports do not provide the Business Account
Business Card transaction data linked to card serial numbers For the purpose of preventing
fraud, the Primary Contact Person of the Business Account may submit a written request to the
Lead Agency for transaction data related to a specific card number or for a card number linked to
a specific transaction The written request shall include the following
ORCA Passport Agreement Page 6 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
A card number or the date,time and other known details about the specific transaction for
which a card serial number is being requested,
B a statement as to why the information is germane to the prevention of fraud,and
C the signature of the Primary Contact Person
If the Lead Agency determines that the subject transaction(s) is linked to a Business Card issued
to the Business Account, the Lead Agency will provide the Business Account with the card serial
number linked to the requested transaction(s) The Business Account agrees that it will use such
card serial number information only for purposes of enforcing its Rules of Use or other lawful
business purposes The Business Account must maintain its own records if it wishes to identify
the card serial number issued to an individual
9.3 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
10.0 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
11.0 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 12 2
12.0 TERMINATION
12.1 The Lead Agency may at any time terminate this Agreement if the Business Account fads 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 Contractor 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
ORCA Passport Agreement Page 7 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
122 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 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
123 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
13.0 EXCLUSION OF WARRANTIES
131 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
13.2 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
UNITERRUPTED, 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
133 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
13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE
AGENCIES OR THE ORCA SYSTEM SHALL REVISE OR CREATE ANY WARRANTY
14.0 NOTICES
141 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 14 2
ORCA Passport Agreement Page 8 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
142 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
15.0 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 maleure 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
16.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES
The purchase,distribution and use of Business Cards and ORCA Products by the Business Account and
its Cardholders, and access to and use of the ORCA websites, shall be subject to all applicable federal,
state and local law, regulations, ordinances, codes and policies, including but not limited to the ORCA
Terms of Use and Privacy Statement (posted on the ORCA websites and available in printed form upon
request to the Lead Agency), and the Agencies' respective fares, transfer rules, codes of conduct and
other operating policies and procedures
17.0 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
18.0 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
19.0 LEGAL RELATIONS
191 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
19 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
ORCA Passport Agreement Page 9 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
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 PASSWORD AND
ACCOUNT 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 OF THE AGENCIES 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
193 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
194 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 law's 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
195 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
196 Survival Sections 4, 5, 9, 13 and 19 shall survive and remain effective notwithstanding any
termination of this Agreement
ORCA Passport Agreement Page 10 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
19.7 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
20.0 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
21.0 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
22.0 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
23.0 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
24.0 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 TR ION AGENCY
• /
BY- BY:
itpvri S e#tc£rwk in Campbell
itl ayor }bra//"Twv� itle. Manager, Customer Services
Business NameAgency- King County Metro Transit
City of Kent ►` f/��
Date �Tc�3 f Date-
ORCA Passport Agreement Page 11 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
ATTACHMENT 1
PRODUCTS, PRICING AND TERMS—BUSINESS PASSPORT FLAT RATE
Business Account City of Kent
Business Account Federal Tax ID# 91-6001254
ORCA Business ID# 2718
Agreement Type Passport-Renewal
Program Term July 1, 2011 —June 30, 2012
Business Passport Flat Rate Products
• Access to regular bus services on Community Transit, Everett Transit, Kitsap Transit, Metro Transit,
Pierce Transit, and Sound Transit
• Access to regular service on Sound Transit Link light rail
• Access to regular service on Sound Transit Sounder commuter rail (including Rail Plus partnership
with Amtrak Cascades)
• Access to regular service on Seattle Lake Union Streetcar
• Access to regular service on King County Water Taxi (Vashon and West Seattle routes)
• Access to regular service on Kitsap Transit Foot Ferry (Port Orchard and Annapolis routes)
• 100%vanpool fare subsidy on Community Transit, Kitsap Transit, Metro Transit, and Pierce Transit
vanpool vans
• 100%vanshare fare subsidy on Community Transit, Kitsap Transit, Metro Transit and Pierce Transit
vanshare vans
• Emergency guaranteed ride home service (Up to eight rides per employee ) (See Attachment 6 )
Annual Mo Rate
Passport Zone and Worksite Location Employees Rate per Cost for Add'I
Employee Eligible
Employee
King County Suburbs 350 $269 49 $94,321 50 $12 01
220 4'"Ave S , Kent 98032
King County provided incentive $85 92 $30,072
New Cards 0 X 1 $5 00 $ 0
Total 350 $64,249.50
Business Passport Flat Rate Payment Terms
• 1/2 by 9/30/11 and 1/2 by 1/31/2012
• By invoice-do not send with contract
Additional Information
Amount of Eligible Employee contribution = $91 79
(Note employees may contribute up to 50%of the Annual
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
City of Kent BA ID. 2718
July 1, 2011 —June 30, 2012
ATTACHMENT 2
DESIGNATED REPRESENTATIVES
BUSINESS ACCOUNT- Primary Agreement Development
Name Becky Fowler Dave Hollar
Title Benefits Manager Employer Transportation Representative
Address 220 4 Avenue South King County Metro Transit
n,W,rA 98032 400 Yesler Way, YES-TR-0650
Seattle,WA 98104
Telephone 253-856-5290 06-263-3492
Cell Phone
Fax 253-856-6270 06-684-2058
E-Mad bfowler@ci kent wa us Dave Hollar@kmgcounty gov
BUSINESS ACCOUNT-Secondary LEAD AGENCY—Technical Support
Name Kan Endicott King County
Title ERP Business Analyst Lead Agency Representative
Address 220 4 Avenue South 201 S Jackson St KSC-TR-0326
n, WA 98032 Seattle, WA 98104
Telephone 253-856-5294
Cell Phone
Fax 253-856-6270
E-Mail kendicott@ci kent wa us business leadagent@kingcounty gov
Billing Information
If different from Primary Address
Name
Title
Address
elephone
ORCA Passport Agreement Page 13 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
y f •
ATTACHMENT 3
ELIGIBLE BUSINESS CARDHOLDERS
Definition and Number of Eligible Participants
Definition of All benefit-eligible employees
Eligible Participants
Number of 350
Eligible Participants
ORCA Passport Agreement Page 14 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
ATTACHMENT 4
SAMPLE—ORCA BUSINESS CARDHOLDER RULES OF USE
As a Business Account Cardholder, I agree to the following
1. 1 understand that the ORCA Business Card is owned by the employer that provided it to me and it
has been provided tome for my personal use only I agree not to 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. 1 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 a lost ORCA Business Card will be replaced only once per year at the current card fee
plus any additional fee charged by my company A defective ORCA Business Card will be replaced
free of charge
3 1 will return my assigned ORCA Business Card upon request or when I leave my employment or
otherwise no longer 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. 1 understand that my ORCA Business Card is valid for the following provided by the listed
transportation Agencies
a. 100%of fares on regularly scheduled transportation service on Everett Transit, Community
Transit Kitsap Transit, Metro Transit, Pierce Transit, Sound Transit, Seattle Streetcar, King
County Water Taxi, and Kitsap Transit Foot Ferry
b. 100%of vanpool and vanshare fares on vanpool services provided by Community Transit, Kitsap
Transit, Metro Transit, and Pierce Transit
5. 1 understand that the ORCA Business Card is not valid for fare payment on transportation services
not specified in Section 4 and I am responsible for paying any additional fares required for services
not covered, or not fully covered, by my assigned ORCA Business Card
6. 1 understand that any additional ORCA Products I load onto my assigned ORCA Card will become
the property of the company that owns my ORCA Business Card and the refund, if any, of such
products will be made by the company according to its refund policy
7 1 understand the ORCA system will record data each time I use my assigned ORCA Business Card
Data will include the date,time and location of the card when it is presented I understand this data is
owned by the transit Agencies and is accessible to the company that owns my ORCA Business Card
8. 1 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 CIRCA Card on a bus,tram,ferry or light rail vehicle
does not constitute proof of fare payment or issuance of a valid fare I will be subject to a fine if the
ORCA Card is not"tapped,"and I understand I will be personally responsible for any fines that may
be imposed
9 1 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, light rail, or a
bus that I have boarded in the Seattle downtown ride free area
ORCA Passport Agreement Page 15 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
ATTACHMENT 4
SAMPLE—ORCA BUSINESS CARDHOLDER RULES OF USE(continued)
I acknowledge the receipt of my ORCA Business Card, and understand and agree to the terms stated
above on using the ORCA Business Card
Employee's Signature Date
Employee's Printed Name ORCA Card Serial#
Transportation Coordinator Use Only—ORCA Card returned
Employee's Signature Date
ORCA Card Serial#
ORCA Passport Agreement Page 16 of 19
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
ATTACHMENT
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 (pa , #, % )
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)".
14 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
16 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
22 ORCA card stock shall be kept in a secure/locked location with access limited to those
administering the program.
23 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
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012
ATTACHMENT 6
HOME FREE GUARANTEE PROGRAM
Home Free Guarantee(hereinafter, "HFG") is a King County program that guarantees payment for taxi
fares incurred by Eligible Employees who meet the eligible criteria, as set forth below, and taken in
accordance with the terms set forth below HFG is the emergency guaranteed ride home service
mentioned in Attachment 1 of the ORCA Business Passport Agreement
1 DEFINITIONS
1 1 Approved Commute Modes
Eligible Employees must have commuted from their principal residence,transit center, or park& ride lot to
the Business Account's worksite by one of the following modes bus, train, carpool, vanpool, walk-on or
bicycle-on ferry, bicycle, or walk
1 2 Eligible Reasons for Using HFG
The following are the only 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 Other situations where, in the opinion of the Business Account's Program Coordinator, alternate
transportation could have been arranged ahead of time
14 Eligible Destinations for an HFG Ride
a From the Business Account's worksite to the Eligible Employee's principal place of residence
b From the Business Account's worksite to the Eligible Employee's personal vehicle, e g vehicle
located at a transit center or park& ride lot
c. From the Business Account's worksite to the Eligible Employee's usual commute ferry terminal on
the east side of Puget Sound
1 5 Intermediate Stops
Intermediate stops are permitted only if they are of an emergency nature and are requested in advance
by the Eligible Employee and are authorized in advance of the HFG ride by the Business Account's
Program Coordinator(i e pick up a necessary prescription at a pharmacy, pick up a sick child at school).
2 BUSINESS ACCOUNT RESPONSIBILITIES
21 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 If the Business Account's fare costs exceed amount
listed in Attachment 1 at the end of 6 months, a sliding scale charge will be applied as follows
a If total fare costs average between$1 00 and$1 25/employee, Business may be charged
$1 25/employee for second six months of the agreement period
b If total fare costs average between $1 25 and$1 50/employee, Business may be charged
$1 50/employee for second six months of the agreement period
c and so on incrementally without limit
ORCA Passport Agreement Page 18 of 19
City of Kent BA ID 2718
July 1,2011 —June 30,2012
4
ATTACHMENT
HOME FREE GUARANTEE PROGRAM(continued)
22 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
23 Number of HFG Rides per Eligible Employee
Business Account shall ensure that each Eligible Employee does not exceed eight (8) HFG rides per
twelve (12) month period
3 HFG Program Tasks
31 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 shall be supplied to Business Account by King County Business Account agrees to make
information about how to access HFG rides available to all Eligible Employees Program Coordinator
shall obtain the following information from the Eligible Employee, and provide the information to the
answering service provider
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.
c Ensure the Eligible Employee has valid identification to show the taxi driver.
d Once an Eligible Employee takes the emergency taxi ride, obtain from the Eligible Employee a
receipt of the taxi trip
e 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
f. The answering service provider will arrange taxi rides for the Eligible Employee.
4 KING COUNTY RESPONSIBILITIES
4 1 Participating Taxi Business Account(s)
Business Account agrees that neither King County nor answering service provider is responsible for
providing transportation services under the HFG program Business Account further agrees that King
County makes no guarantee or warranty as to the availability, quality or reliability of taxi service, and that
King County's sole obligation under the program is to make payment of the taxi provider for trips actually
taken in accordance with the terms of this Agreement Business Account agrees it shall make no claims
of any kind or bring any suits of any kind against King County for damages or injuries of any kind arising
out of or in any way related to the HFG program Without limiting the foregoing and by way of example
only,the Business Account agrees that King County shall not be liable for any injuries or damages
caused by negligence or intentional acts occurring before, during or after a taxi ride or for any injuries or
damages caused by failure of a taxi to provide a ride due to negligence, intentional acts or causes beyond
the taxi's control, including but not limited to incidence of fire flood, snow, earthquake or other acts of
nature, riots, insurrection, accident, order of any court or civil authority, and strikes or other labor actions.
4 2 Payment of Authorized HFG Taxi Fares
King County shall pay the metered fare amount of a Business Account's Program Coordinator-authorized
HFG ride, as defined in the DEFINITIONS section above, for a one-way distance of up to sixty(60) miles
Business Account or Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in
excess of sixty(60) miles King County shall not pay any taxi driver gratuity Taxi driver gratuity will be at
the sole discretion of Business Account or the Eligible Employee taking the HFG ride
4 3 Reporting
King County shall keep a complete record of all authorized HFG ride requests and provide a copy of this
record to Business Account's designated Contact Person if requested
44 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
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
City of Kent BA ID 2718
July 1, 2011 —June 30, 2012