Snohomish County Public Transportation Benefit Area Corporation (“Community Transit”) is offering transit incentives to qualified small businesses (including non-profits) through its ORCA Business Incentive Program (“Program”). The Program is intended to help eligible small businesses provide their employees with subsidized transit passes through the ORCA Business Passport program. Through the Program, Community Transit will provide a fifty percent (50%) discount of the amount qualifying small businesses contribute to purchasing employee transit passes, up to 50 participants per eligible business. 

The goal of the Program is to encourage employees who receive an ORCA card through the Program to switch from single-occupancy, drive-alone transportation to public transit or other mobility alternatives to driving alone. Through the Program, Community Transit also hopes to encourage participating employers to continue to provide ORCA transit pass subsidies to their employees after the business’s participation in the Program has ended. 

The Program is available to eligible small businesses (including non-profits) located in Community Transit’s Snohomish County public transportation benefit area. 

Program eligibility requirements

To be eligible to participate in the Program, a business must meet the following requirements: 

1. The business must have fewer than 100 benefit-eligible employees at its participating worksite(s) and must at a minimum cover all benefit-eligible employees except those who work 100% remote;
2. The business must subsidize at least fifty percent (50%) of the cost of its employees’ transit passes; 
3. The fifty percent (50%) ORCA Business Incentive subsidy applies to the business’s expense for up to 50 employees’ transit passes;
4. The business must NOT have previously participated in the ORCA Business Passport program; 
5. The business must be located in Community Transit’s Snohomish County public transportation benefit area; 
6. The business must complete a pre-Program survey of at least fifty percent (50%) of its participating employees prior to distributing ORCA passes to employees;
7. The business must facilitate pre-Program awareness and education about ORCA card use and benefits including but not limited to an orientation meeting or webinar and distributing print and/or digital materials to all eligible participants; 
8. If the business exits the program after year one, The business must assist employees transition to individually owned ORCA cards including hosting a tabling event with Community Transit staff and/or distributing information; and
9. An authorized representative of the business must sign a Program Participation Agreement to receive incentive funds. 

Additional program terms and conditions

(3.1) Voluntary Participation. Participation in the Program is strictly voluntary. 

(3.2) No Partnership or Joint Venture. No partnership, joint venture, employer-employee or agent-principal relationship is formed with Community Transit either by this Agreement or by participation in the Program. 

(3.3) Personal Information. Public access to any personal information that may be received through this Agreement is subject to the Washington Public Records Act, Chapter 42.56 RCW and the Community Transit Privacy policy found at communitytransit.org/privacy-policy. Personal information may be shared with third parties, such as Community Transit consultants for the purpose of data analysis. 

(3.4) Indemnification. The participating business, in consideration of the request and permission to participate in the Program and any funds received through the Program, hereby assumes full responsibility and all risk of injury or loss, including without limitation, financial loss or personal injury, including death, which may result from participation in the Program. Neither Community Transit nor any officer, official, or employee thereof shall be responsible for any damage or liability occurring by reason of any action or omission by the undersigned participating business under or in connection with this Agreement. The participating business hereby agrees to hold harmless, release, waive, forever discharge, and covenant not to sue or bring claims against Community Transit, its officers, officials, agents, or employees. The terms of this release shall serve as a release and assumption of risks for business’s successors, executors, and administrators. 

The participating business shall fully indemnify, defend, and hold Community Transit, its officers, officials, agents, and employees harmless from and against any and all liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, and any legal fees and any claims for damages of any nature whatsoever arising out of the participating business’s participation in the Program, including without limitation: 

1. Breach of the business's obligations under this Agreement; or 
2. Any act or omission of the business, or its employees, officers, agents, or subcontractors in connection with its participation in the Program. Nothing in this Agreement shall be construed to give rights to any person or entity that is not a party to this Agreement. 
   

The participating business, by specific mutual negotiation and agreement, expressly waives all immunity and limitation on liability, as respects Community Transit only, under Washington’s Industrial Insurance Act, Chapter 51 RCW, or any other industrial insurance or workers’ compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim, to the fullest extent necessary to provide Community Transit with a full and complete indemnity of claims made by the participating business’s employees. 

The provisions of Section 3.4 (Indemnification) shall survive the expiration or termination of this Agreement. 


(3.5) Term of Agreement. The Agreement shall be effective as of the date the participating business signs this Agreement and shall remain effective until Community Transit terminates the Agreement or upon the participating business’s completion of all commitments and obligations under this Agreement. 

(3.6) Reservation of Rights and Reimbursement of Funds. Community Transit reserves the right to establish a wait list for Program enrollment, change the Program, or cancel the Program at any time, without obligation, at the sole discretion of Community Transit. Community Transit reserves the right to deny funding for any businesses and to terminate the funding for the Program if Community Transit deems that it is in the best interest of the agency to do so. Any violation of the Program Participation Eligibility Requirements or failure to comply with the Terms and Conditions of this Agreement will require that the participating business reimburse all Program incentive funds received pursuant to this Agreement. 

(3.7) Information Sharing. Community Transit is authorized under this Agreement to provide its subcontractors, consultants, and agents any information related to business’s participation in the Program. 

Offer valid through June 30, 2024.