10-079 - King County Metro Transit - 2011 ORCA Card Program

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3.11 Participating Agency(ies). The public transportation agencies participating in this Agreement as designated above. 3.12 Parties. The Business Account and the Participating Agencies (which include the Lead Agency) may be collectively referred to as "Parties." 4.0 ORCA BUSINESS CARDS AND ORCA PRODUCTS PAYMENT TERMS 4.1 The ORCA Business Cards and ORCA Products that are purchased by the Business Account under this Agreement are specified in Attachment 1, Products, Pricing and Terms, which is incorporated in this Agreement by this reference. 4 2 Any optional products or services provided by an individual Participating Agency that are purchased by the Business Account shall be described, and the applicable terms specified, in Attachment 1, Products, Pricing and Terms, which is incorporated in this Agreement by this reference. 4.3 This Agreement is subject to the adopted fare structures by all Participating Agencies at the time of its execution. The prices and payment terms applicable to this Agreement are specified in Attachment 1, Products, Pricing and Terms, which is incorporated in this Agreement by this reference. Such terms shall include. (a) the amounts due for any products, services and fees, (b) the timing of payments, and (c) the acceptable method of payment. Each order for ORCA Business Cards and /or ORCA Products submitted by the Business Account will be subject to the provisions of this Agreement and the prices in effect at the time of the 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. 4.4 In the event of a generally applicable fare increase by any of the Participating Agencies, the Agencies price for Business Passport and Business Choice will be increased, and the Business Account will be required to pay the additional amount owed for the remaining term of the agreement for which said increase is in effect. The Lead Agency will notify the Business Account of applicable fare increases and prices when they are adopted A supplementary invoice will be provided by the Lead Agency prior to the expiration of this Agreement and shall be payable by the Business Account, unless the Parties agree to add the additional payment to payment due under a renewal agreement. 4 5 Payment in full is due as specified in Attachment 1. If for any reason payment in full is not received by the date due, the Lead Agency, without notice and until full payment is received, may: (a) refuse to process new orders for ORCA Business Cards, (b) block the loading of new ORCA Products on behalf of the Business Account; and (c) block the use of all ORCA Business Cards issued to the Business Account. The acceptable method of payment shall be determined by the Lead Agency and noted on Attachment 1. 4.6 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 may a. assess any late payment, NSF and collection fees to the maximum amount permitted by law; b. block 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 c suspend or terminate access rights to the Business Account's secured area of the website. 4 7 The Business Account will be permitted to order only those ORCA Products specified in Attachment 1 Any additional limitations will be defined on the Business Account's secure page of the ORCA website. The Business Account will follow directions provided on the Passport Customer Agreement City of Tukwila 1592 October 1, 2010 September 30, 2011 Page 3 of 17