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ORCA 6/13/2019
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ORCA 6/13/2019
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Entry Properties
Last modified
2/26/2024 7:10:12 AM
Creation date
7/11/2019 9:46:12 AM
Metadata
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Template:
Contracts
Contractor's Name
ORCA
Approval Date
6/13/2019
Council Approval Date
5/22/2019
Department
Transportation Services
Department Project Manager
Bob Hunter
Subject / Project Title
Implementation Operation of ORCA System
Tracking Number
0001873
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Interlocal Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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6.3 Change Orders. Prior to transition to operations, the Regional Program Manager shall manage <br /> Change Orders on behalf of the Agencies. After transition to operations, the ORCA Director shall manage <br /> Change Orders under a Service Level Agreement approved by the Joint Board. <br /> 6.3.1 The ORCA Director shall notify each Agency of any approved Change Orders and <br /> amendments. Each Agency delegates to the ORCA Director its authority to negotiate <br /> and approve Change Orders, so long as each Change Order does not exceed $250,000 <br /> and does not exceed the approved budget. <br /> 6.3.2 The ORCA Director may request the Joint Board authorize a Change Order that exceeds <br /> $250,000. The Joint Board may authorize additional amounts at levels it deems <br /> appropriate provided the approved budget is not exceeded. <br /> 6.4 Deliverables under ORCA Vendor Contracts. Approval of contract deliverables shall be described <br /> and managed under Service Level Agreement between the ROOT and the Agencies. <br /> 6.5 Claims against ORCA Vendors. The ROOT Agency has the authority to file a claim against or <br /> seek damages from an ORCA Vendor during the term of the contract. In the event an Agency identifies <br /> a cause for a claim, that Agency shall notify the ORCA Director. The ROOT contract management staff <br /> shall follow provisions under the applicable ORCA Vendor contract for any claims, damages or delays. <br /> 6.6 ROOT Agency; Indemnity. Each Agency agrees to defend, indemnify and hold the ROOT <br /> harmless, in its capacity as an individual Agency, for any costs that may be subsequently disallowed for <br /> grant reimbursement due to any differences between the ROOT Agency's procurement process and such <br /> Agency's process or the requirements of any federal or state agency making a grant that is utilized in the <br /> ORCA System. <br /> 6.7 Specialized Applications; Indemnity. "Specialized applications" related to the ORCA System and <br /> developed by an Agency through the SI or other ORCA Vendors are applications that benefit one or more <br /> Agencies but are not integral to the ORCA System, as determined by the Joint Board. <br /> 6.7.1 An Agency seeking to develop specialized applications shall enter into individual <br /> contracts with the SI Contractor or other ORCA Vendors and be solely responsible for <br /> paying the costs of such contracts. At least thirty (30) days prior to entering into such <br /> contracts, the Agency shall provide a copy of each proposed contract to the Joint Board <br /> and demonstrate to the satisfaction of the Joint Board that entering into each contract will <br /> not add cost to the other Agencies and will not delay or interfere with the ORCA System. <br /> Any revenue received from a specialized application shall be allocated solely to the <br /> Agency that paid for the specialized application. <br /> 6.7.2 Each Agency shall defend, indemnify and hold harmless the other Agencies from all <br /> claims of any kind and for all costs incurred (including attorneys' fees) as a result of the <br /> Agency entering into such individual contracts for specialized applications with the SI or <br /> other ORCA Vendor. <br /> 6.8 Other Agency Consultant Contracts. Each Agency may sign and administer individual consultant <br /> contracts for the performance of ORCA System tasks unique to such Agency that are not covered by SI <br /> or other ORCA Vendor contracts. An Agency entering into such individual consultant contracts shall be <br /> solely responsible for paying the costs of such contracts. At least thirty (30) days prior to entering into <br /> such consultant contracts, the Agency shall provide a copy of each proposed contract to the Joint Board <br /> and demonstrate to the satisfaction of the Joint Board that entering into each contract will not add cost to <br /> 16 <br />
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