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DATE:
City of Palo Alto
City Manager's Report
HONORABLE CITY COUNCIL 11
CITY MANAGER
OCTOBER 5, 2009
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
CMR: 398:09
REPORT TYPE: CONSENT CALENDAR
SUBJECT: Approval of contract amendment no. 14· extending the term of the rail
shuttle bus administration agreement' with the Peninsula Corridor Joint
Powers Board through 6/30/2010 and increasing the expenditure limit by
$368,000 for a total of $2,610,419
RECOMMENDATION'·
Staff recommends that Council:
1) Authorize the City Manager to execute the attached amendment to the Rail Shuttle Bus
Administration Agreement with the Peninsula Corridor Joint Powers Board (JPB), extending
the telTIl of the agreement through June 30, 2010.
2) Approve an increase of $368,000 in the expenditure limit of the existing Rail Shuttle Bus
Agreement (SOl14750) with the JPB to cover the City'S shuttle program operating costs
during the period July 1, 2009 through June 30, 2010. This will increase the contract
expenditure limit to $2,610,419 for the period from FY 2003 through FY 2010.
BACKGROUND
In 1999, the City and JPB entered into the Rail Shuttle Bus Administration agreement for the
provision of shuttle bus services in Palo Alto, as part of the JPB shuttle bus program. The
agreement provides that the agencies may extend the telTIl of the agreement upon mutual
consent. There have been thirteen contract extensions since the original agreement was executed.
DISCUSSION
The fourteenth amendment to the agreement, in letter format (Attachment A) dated June 22,
2009, provides for continued shuttle services for the Palo Alto shuttle program from July 1,
2009, thrqugh June 30, 2010. Due to the late receipt of this letter agreement, staff was not able
to agendize this item for Council approval prior to the Council vacation. The JPB has continued
to provide uninterrupted shuttle service during the interim until the contract extension is
approved by the City Council.
CMR:398:09 Page 1 of3
The JPB contract contains terms and conditions for two distinct services: . (1) the basic
Embarcadero/Bayland Caltrain commuter peak period shuttle route, which is part of the Caltrain
commuter shuttle program, and (2) expanded and n1idday shuttle routes, including the noontime
Embarcadero shuttle and Crosstown shuttle, which are exclusively Palo Alto shuttles.
The contract with the JPB stipulates that the City reimburse the JPB a sum of $45,941 equal to
25 percent of the annual cost of the peak period Embarcadero/Baylands shuttles and that the City
also reimburse the JPB for 100 percent of the annual expanded all-day Crosstown shuttle and
noontime Embarcadero shuttle costs (approximately $322,000). Thus, the City's total contract
expense to continue. the current shuttle program service level for this fiscal year is estimated to
be $368,000. The City reimburses the JPB on a monthly basis for the cost of actual services
rendered during the preceding month.
Staff has tried to work with JPB staff over the past two years to develop a more comprehensive
shuttle agreement which would clarify the responsibilities of the JPB, JPB' s contractor, and City
for the provision of the City~s expanded Crosstown Shuttle and the noontime Embarcadero
Shuttle, but the JPB has continued to delay responding. Because a revised agreement with JPB
could not be reached regarding the expanded service, in late July st'lff issued a request for
proposals for a new shuttle provider for these routes. Proposals were received from five shuttle
companies on September 1 st and staff is' in the process of evaluating the proposals and will be
recommending a preferre-d. vendor within the next month and a new service contract forwarded to
Council for approval in November. It is staffs expectation that the new contract for the
Crosstown Shuttle and midday shuttle will begin in late 2009 or January 2010.
In order to cover the additional contract expense through June 30, 2009, staff is requesting that
the Council approve the shuttle contract amendment for the Rail Shuttle Bus Administration
Agreement (S0114750) which will enable all Palo Alto shuttle services, including both the
Embarcadero/Bayhtnds commute period shuttles and expanded Crosstown/midday services to
continue uninterrupted until a new vendor is in place for the latter services. Staff also
recommends that Council authorize an increase in the encumbrance spending limit for the rail
shuttle bus agreement with Caltrain by in the amount of $368,000 to cover the full year of the
Embarcadero/Baylands commute shuttle as well as the expanded Crosstown/midday services.
When staff returns to Council with the award of contract for the new operator for the Crosstown
and midday shuttles, staff would also request a reduction in the JPB contract expense limit to
remove funding for the balance of the fiscal year that would be covered by the new shuttle
operator. As soon as possible, staff will notify the JPB of the expected start date for the new
shuttle operator. JPB staff have indicated they too would make appropriate adjustments in their
contract with their shuttle vendor. The purchase of additional expanded services is allowed, but
not required in the contract with the JPB, so it is not expected that the City/JPB agreement would
need to be modified to drop the Crosstown and midday shuttle from Caltrain shuttle program.
However,rstaff will work with JPB to develop a new agreement for the provision of Caltrain
peak shuttle services to be effective at the termination of this amendment. If a contract between
the City and a new shuttle service operator is not in place for the expanded services by December
31, staff will return to Council with an update.
CMR:398:09 Page 2 of3
RESOURCE IMPACT
Funding included in the 2009/2010 operating budget for the Palo Alto Shuttle program is
sufficient to cover these contracted service and operating costs. No additional resources 'will be
required at this time. The extension of this agreement with the JPB will not prevent staff from
implementing a new contract for the Crosstown and midday shuttles or additional shuttle
operational efficiency improvements during the course of the year as needed.
POLICY IMPLICATIONS
This request is consistent with existing Council direction to continue and expand the Palo Alto
shuttle project.
ENVIRONMENTAL REVIEW
On August 2, 1999, the City Council approved a Negative Declaration finding the shuttle project
would not result in any significant environmental impact.
PREPAREDBY: _______________ +~~ __ ~~~G---~--tJ-·~-·--~------~--!Sl~lnE LIKENS
Management Specialist
DEPARTMENT APPROVAL: --<J~N\L13Io,""r/-:!~~....-!!I\..s---"'..::!IIo,j..l-.~~~~ ...... ...:;..;:;....,..J-----
CURTIS WILLIAMS
Director of Planning and
Community Environment
CITY MANAGER APPROV AL: ___ ~-----?"--f-! _~ _1----"-' _11_1_-----,/:'--t-~--Q_F__ ~ __ _ ~.tKMES KEENE lJ ~ 0ty Manager \.
ATTACHMENTS
A. Caltrain Joint Powers Board Contract Extension Letter Agreement dated June 2009.
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CMR:398:09 Page 3 of3
June 22, 2009
Gail Likens
City of Palo Alto
Transportation Planner
PO Box 10250
Palo Alto, Ca 94303
Attachment A
JUL 1
RE: EXTENSION OF BAYLANDS/ElVIBARCADERO SHUTTLE BUS
ADMINISTRATION AGREEMENT
Dear Ms. Likens:
BOARD OF DIRECTORS 2009
DON GAGE, CHAIR
SEAN ELSBERND, VICE CHAIR
IVIARK CHURCH
JOSE CiSNEROS
NATHANIEL P. FORD, SR.
JIM HARTNETT
ASH KALRA
ARTHUR L. LLOYD
KEN YEAGER
IVIICHAEL J. SCANLON
EXECUTIVE DIRECTOR
The existing Shuttle Bus Administrati0n Agreement between the City of Palo Alto and
the Peninsula Corridor.loint Powers Board ("JPB") dated March 30, 1998 ("Agreement")
terminates on June 30, 2009. This Letter Agreement extends the tenn of the Agreement
for a one year period only from July 1,2009 through June 30,2010 ("Extension Period")
by mutual consent, as pennitted in the Agreement.
You will be required to pay the JPB $45,941 during the Extension Period, constituting
twenty-five percent (25%) of the $183,765 estimated cost of operating the
Baylands/Embarcadero Caltrain Shuttle during the Extension Period. Payments for your
midday program will continue t<;> be billed directly to Palo Alto as before.
The Agreement, when extended, will remain in effect during the Extension Period in all
respects except as expressly revised in this letter.
If the tem1S of this Letter r'\.greement are acceptable to you, please sign belo"v, keep a
copy of this letter for your files, and return the original letter to me. The JPB's obligation
to fund the shuttle during the Extension Period is conditioned upon our receipt of this
Letter Agreement no later than August 30,2009.
PENINSULA CORRIDOR JOINT POWERS BOARD
1250 San Carlos Ave. -P.O. Box 3006
San Carlos, CA 94070-1306 (650)508-6269
If you have questions about what these changes mean to your program, you can contact
me at leep(c1.~SaITItrans.conl, or at (650) 508-6433.
Sincerely,
Paul Lee
Manager, Bus Contracts
Agreed to and accepted this __ day of ,2009.
City of Palo Alto By:
r i
Name: __________________________ __
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