HomeMy WebLinkAboutStaff Report 7460
City of Palo Alto (ID # 7460)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/5/2016
City of Palo Alto Page 1
Summary Title: Caltrain Go Pass Reauthorization for 2017
Title: Approval of a Contract With Peninsula Corridor Joint Powers Board in
the Amount of $76,380 for 2017 Caltrain Go Pass Program
From: City Manager
Lead Department: Human Resources
Recommendation:
Staff recommends that City Council approve and authorize the City Manager or his designee to
sign an agreement with the Peninsula Corridor Joint Powers Board for continuation of the
Caltrain Go Pass program for City employees for the 2017 calendar year.
Background:
On February 24, 2014, Council directed staff to move forward with several Transportation
Demand Management (TDM) initiatives, including the authorization for City staff located in
Downtown Palo Alto offices to participate in the Caltrain Go Pass Program for a 9 month trial.
The trial period resulted in 51 employees participating in the program.
On November 11, 2014, the City Council reaffirmed the action by approving the extension of
the program through December 2015. The cost of the program was funded out of the General
Benefits Fund, an internal service fund that collects funds from City departments to pay for
various employee benefits, such as health insurance, pension contributions, and commuter
benefits. As of October 31, 2016, 175 employees have participated in the program which
represents an increase of 37% ridership from 2015 with an average of 15 round trips per
month. Through a survey distributed to the Go Pass program participants, 97% of respondents
said that they would use the program just as often or more in 2017. Also 69% responded that
they use Go Pass between 6-35 times per month. It is expected that the City will see increased
ridership as we continue outreach and promote the Go Pass program. Extending the Go Pass
program will continue to reduce the inflow and outflow of traffic during peak commute hours.
Discussion
Staff is returning to Council for re-authorization of the program as parking and traffic remain a
concern in Downtown Palo Alto. The City is focused on developing a commuter incentive
City of Palo Alto Page 2
program to encourage employees to use sustainable transportation modes. Staff recommends
that all employees located at Civic Center (City Hall, Development Center, Palo Alto Police
Department and the Downtown Library) receive a Caltrain Go Pass through 2017.
In preparation for the 2017 program year, staff conducted an employee location audit, as per
the Caltrain program policy. The cost of the program is based on the number of employees at
each eligible site, not the number who actually use it. The results indicated 402 employees
work at the Civic Center sites. Therefore, with Caltrain’s new rate of $190 per employee, the
total cost for 2017 will be $76,380. This total headcount excludes sworn public safety
employees as they are not subject to ridership fees. In addition, the City is liable for the
replacement of any lost passes, estimated to reach $3,800, though actual costs depend on
actual passes lost. Staff members who receive a Go Pass will be required to complete a
quarterly reporting of usage in order to keep their Go Pass active throughout 2017. Staff will
continue to evaluate the effectiveness of implementing the Go Pass at all City work sites in the
coming year and will be promoting increased use of the Go Pass in conjunction with other TDM
initiatives currently being considered. Staff will return to Council in November 2017 with an
update on the program and recommendations for 2018.
Resource Impact:
Sufficient funding for this program was approved in the Fiscal Year 2017 Adopted Operating
Budget General Benefits Fund in anticipation of staff recommending an extension of the Go
Pass Program through the end of calendar year 2017.
Environmental Review:
Approval of this Agreement with the Peninsula Corridor Joint Powers Board is not a project for
purposes of the California Environmental Quality Act (“CEQA”) and therefore no environmental
review is required.
Attachments:
Attachment A: City of Palo Alto 2017 Agreement (DOCX)
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PENINSULA CORRIDOR JOINT POWERS BOARD
2017 CALTRAIN GO PASS AGREEMENT
Participant Name: City of Palo Alto
Address:
Legal Notice Address (if different from above):
Contact Person: Email:
Phone: Fax:
Total Payment: $76,380.00 Number of Participating Sites: 1
Number of Go Pass Users as defined below: 402
Go Pass Eligibility
Business
All staff working more than 20 hours per week, excluding temporary employees, interns, contractors, consultants and
sworn peace officers** are considered “Go Pass Users” for the purpose of this Agreement. Temporary employees,
interns, contractors, consultants and sworn peace officers** are not eligible to participate in the Go Pass Program.
Notwithstanding the foregoing, if one or both of the Options offered below is selected, employees working less than
20 hours per week and/or interns will be considered “Go Pass Users” under this Agreement.
Options
Include staff working less than 20 hours per week: N/A – Not including
Include interns: N/A – Not including
Residential
All residents five years old and older are considered “Go Pass Users” for the purpose of this Agreement. Employees
of residential developments are excluded from the Go Pass Program.
Educational
All students per selected group (i.e. Part-time, Full-time, Post graduates) are considered “Go Pass Users” for the
purpose of this Agreement.
Agreement Term: January 1, 2017 through December 31, 2017
Participant agrees to the attached terms and conditions
CITY OF PALO ALTO *
By:
Print Name:
Its:
By:
Print Name:
Its:
PENINSULA CORRIDOR JOINT POWERS BOARD
By:
Print Name: Seamus P. Murphy
Its: Chief Communications Officer
* If Participant is a corporation or limited liability company, two corporate officers must sign on behalf of the corporation as
follows: 1) the chairman of the board, president or vice-president; and 2) the secretary, assistant secretary, chief financial
officer, or assistant treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than
an officer provided that evidence satisfactory to the JPB is provided demonstrating that such individual is authorized to bind
the corporation (e.g. a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws). **
Uniformed and non-uniformed, sworn peace officers are allowed to ride Caltrain for free subject to showing the proper
identification.
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TERMS AND CONDITIONS
This Go Pass Agreement (“Agreement”) is made between the Peninsula Corridor Joint Powers Board, a public agency
("JPB") and the Go Pass Participant (“Participant”) identified on page 1 of this Agreement.
1. PAYMENT: Full payment for all Go Pass stickers shall be due prior to JPB issuing stickers. The total cost of
participating in the Go Pass program will be the greater of $15,960.00 or $190 per eligible Go Pass User, which includes a
non-refundable Administration Fee (the “Administration Fee”) of $3 per Go Pass User. If the number of Users increases
during 2017, the cost of additional Go Pass stickers will be a pro-rated per amount based on Exhibit A on page 5 of this
Agreement. Go Pass Participant may share the cost of participation in the Go Pass program with its Users, but the cost to
a particular User cannot be higher than the first-time replacement rate stated in Section 10 below. Participant must
submit payment for any invoices within 30 days of the date shown on the invoice. Payments after 60 days will be charged
a late fee of $5 per day. Accepted payment methods include ACH, EFT and Participant checks. Personal Go Pass User
checks are not accepted. The return of a check (electronic or paper) issued to JPB will result in a $25 returned check fee
being placed on the account of the Participant.
2. PROGRAM: JPB operates the “Caltrain” rail service between San Francisco and Gilroy, California, and Participant
desires to provide a transit benefit for use on Caltrain to all of the Go Pass Users as defined on Page 1, in the form of a
sticker affixed to a valid Participant-issued, JPB-approved, Go Pass User photo identification card (hereafter referred to as
"Go Pass"). In order to facilitate the Caltrain Go Pass Program (“Program”) JPB shall provide the necessary stickers and
accept the Go Pass as valid fare media for travel on the Caltrain system. Participant is responsible for any stickers in its
possession. Failure to comply with the terms in this Agreement may result in termination pursuant to Section 12.
3. ELIGIBLE PARTICIPANTS: Only individual Participants are eligible to participate in the Program. Participants with
multiple locations, branches or campuses are eligible to participate in the Program and must provide a Go Pass User
count for each individual Participant site. However, such Participants must enroll in the Program under a single Go Pass
Agreement and designate a single contact and administrator. Such Participants’ employees/students/residents at non-
participating locations are not eligible to participate in the Program.
4. ELIGIBLE GO PASS USER VERIFICATION: Go Passes must be purchased for each and every Go Pass User at
each Participant work site participating in the program (“Participating Site(s)”). Participant will be required, prior to the JPB
issuing the Go Pass stickers, to provide JPB with a Letter of Intent (“Letter”) signed by the Human Resources Director, an
officer of the Participant or Development Manager verifying the then-current number of Go Pass Users of the Participant
at each Participating Site. If a Business Participant selects an Option identified on Page 1, the letter must indicate the
number of Users working more than 20 hours per week, working less than 20 hours per week and/or interns. If there are
multiple Participating Sites, the Letter must indicate the individual site addresses and the number of then-current Users at
each site. Neither Participant nor any of its affiliates shall be required to participate in the Program with respect to other
sites other than the Participating Site(s) identified in the Letter.
5. GO PASS IDENTIFICATION: Participant must have an official Participant-issued photo ID card in order to participate
in the Program and must supply a hard copy of that ID card to the JPB for review. Any Participant that doesn’t have a
photo ID card must create one. The ID card must display a clear Go Pass User headshot, Go Pass User first and last
name, have a 1” x 1” square space for the Go Pass sticker and display the Participant name or logo. The ID cannot
contain Caltrain’s logo as part of the design. If the ID changes, it is the Participant’s responsibility to submit the new
version to the JPB three weeks in advance for approval. Participants may only use one JPB-approved ID card. The JPB
will produce and issue serialized Go Pass stickers which will be distributed to Participant so that Participant can affix them
to the Participant-issued Go Pass User ID card. Participant’s designated administrator shall place the Go Pass sticker on
each eligible Go Pass User’s ID card, preferably on the front. Participant shall not distribute the Go Pass stickers to Users,
as this practice may lead to unauthorized use of the sticker. Participant shall be responsible for retaining the Go Pass
User’s ID card or removing the Go Pass sticker from a Go Pass User’s ID card when a Go Pass User leaves the
employment of the Participant or relocates to non-participating location. Returned ID cards or stickers shall be presented
to the JPB for verification upon request. A photocopy of the identification card with the Go Pass sticker attached is
acceptable as proof that the Go Pass is no longer in use by a Go Pass User who has left the Participant. All Go Pass
stickers allotted to the Participant at the beginning of the Participant’s participation in the Program that are not issued to
Users are to be returned to the JPB by December 15 of the Agreement year. Go Pass sticker is JPB’s property.
6. PROGRAM RECORDS: Participant will create and maintain a file of documents to be available for review upon JPB
request (“Go Pass File”). The Go Pass File must include a log (Go Pass Log) of its Users who currently hold Go Passes.
The Go Pass Log shall include the Go Pass User’s first and last name, unique serial number for the individual pass each
Go Pass User holds, pass status (i.e. active, lost, damaged, etc.), date of issue, date of Go Pass User separation, if
applicable, and any other pertinent information. The file must also include all separated Go Pass User’s ID cards or Go
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Pass stickers unless sent to JPB and Participant received an acknowledgement e-mail.
7. SURVEY AND ACKNOWLEDGEMENT: Prior to affixing the Go Pass sticker to the Go Pass User’s Participant-issued
ID card, Participant shall require each Go Pass User receiving a Go Pass, for the first time, to complete an online
questionnaire ("Survey"). Once the Survey is complete, Participant administrator will receive an e-mail confirmation from
the Go Pass User via the JPB. As part of completing the survey, the Go Pass User will be required to acknowledge that
he or she understands the proper use of the Go Pass. The Surveys may be used to analyze the success of the Program
and develop ridership projections for the Program. However, the Surveys are subject to disclosure under requests made
pursuant to the California Public Records Act. Prior to disclosing Surveys, any identifying information concerning the
Participant and/or the Go Pass User shall be redacted.
8. PROGRAM ANALYSIS AND AUDIT: JPB reserves the right to audit Participant’s Go Pass Program at any point
during the Program year with five (5) working days' notice. The purpose of the audit is to ensure that appropriate
accounting, sticker distribution and security procedures are in place. JPB has the right to audit any internal Participant Go
Pass-associated records, including Participant’s Go Pass File. A current list of qualifying Users shall be provided to the
JPB upon request. Within 10 working days of receipt of any audit report from the JPB, Participant must, in conjunction
with JPB staff, develop a mutually agreeable action plan to satisfy any audit findings. If no mutually agreeable plan can
be developed, JPB may terminate the Program upon 10-days’ notice pursuant to the terms of Section 12, Termination.
9. PARKING PERMITS: Monthly parking permits for Caltrain lots may be purchased through any Caltrain station ticket
machine. Go Pass Users will be required to complete an application for an access code in order to purchase the permit
through the machine.
10. LOST, STOLEN, DAMAGED AND REPLACEMENT GO PASSES: For lost or stolen Go Passes, JPB will charge a
$190 first-time replacement fee. Participant must submit to the JPB documentation including the Go Pass User first and
last name and Go Pass serial number. For stolen Go Passes, the JPB will replace the Go Pass at no additional charge
provided that a police report is supplied to the JPB which describes the Go Pass as stolen. If the same Go Pass User
loses the Go Pass or has the Go Pass stolen a second time, the replacement fee will be 2x the first-time replacement fee
regardless of whether a police report is provided to the JPB. If a replacement Go Pass is issued and then the original is
found, JPB will not provide a refund. Participant may not resell the Go Passes to Users at a rate higher than the
replacement fee. A Go Pass will not be issued as a replacement for lost or stolen Go Passes a third time.
For Damaged Go Passes: If the Participant or a Go Pass User damages a Participant-issued ID card and thus renders the
Go Pass sticker unusable, or if the sticker itself is damaged, a replacement Go Pass sticker may be issued to the Go Pass
User or taken from the Participant’s Go Pass inventory, provided that the Participant documents that the Go Pass sticker
has been taken out of circulation in its Go Pass File. Participant must retain the damaged ID card or Go Pass sticker in
its Go Pass File unless sent to JPB and Participant received an acknowledgement e-mail. If no additional stickers remain
in the Participant inventory, the Participant shall return damaged Go Pass stickers or ID cards, or a photocopy, with
complete documentation to the JPB prior to the JPB issuing a replacement Go Pass sticker to Participant at no charge.
This courtesy will be extended no more than two times per Go Pass User per calendar year, after which the replacement
cost for a damaged Go Pass sticker will be $190.
For Separated Users: If the Go Pass User separates with the Participant, Participant shall retain the separated Go Pass
User ID card or Go Pass sticker in its Go Pass File and document that the Go Pass sticker has been taken out of
circulation in its Go Pass Log (See Section 6 above) unless sent to JPB and Participant received an acknowledgement e-
mail. If no additional stickers remain in the Participant inventory, the Participant shall return separated Go Pass stickers
or ID cards, or a photocopy, prior to the JPB issuing a replacement Go Pass sticker to Participant at no charge.
For Missing Go Passes: Participant shall be responsible for safeguarding the Go Pass stickers prior to issuing them to
Users and shall be liable for any loss of Go Pass stickers. Replacement Go Pass stickers shall be issued under the lost
terms above.
11. QUARTERLY REPORTING: Participant must submit a quarterly report to JPB by 3/1/17, 6/1/17, 9/1/17 and 12/1/17.
The quarterly report must list all lost, stolen, damaged and replacement Go Passes issued and separated Users. It must
include the reason for replacement, if applicable, Go Pass User first and last name and corresponding Go Pass serial
number and the current number of Users working at the work site(s) /residing in the development enrolled in the program.
Participant may submit its Go Pass Log (See Section 6 above) in lieu of the quarterly report.
12. TERMINATION: Either party may terminate this Agreement by giving the other party written notice at least 90 days
prior to the desired termination date, which shall be the last day of a calendar month. If either party terminates the
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Agreement pursuant to this provision, JPB shall refund to Participant a pro-rata portion of Participant’s total payment in
accordance with the Proration Schedule attached to and incorporated in this Agreement as Exhibit A, less the
Administration Fee, as listed on Page 1, within 30 days of the termination date, provided that within 10 working days of the
effective termination date: (a) all undistributed Go Passes issued to Participant are returned to JPB and (b) Participant
verifies in writing that it has made every Good faith effort to collect or destroy all Go Passes that have been distributed to
Users. In the event Participant fails to comply with the terms of this Agreement, JPB may terminate this Agreement with
15 days’ notice. Non-compliance by Participant may make Participant ineligible to participate in the Go Pass program in
subsequent years. This Agreement shall automatically terminate if Participant discontinues its business at the
Participating Site(s) and it will be up to Participant to notify its Go Pass Users that the Go Pass will no longer be valid. In
the event that Go Pass Users continue to use invalid Go passes, JPB will confiscate such passes in accordance with
Section 14.
13. MISUSE OF GO PASS: The Go Pass constitutes a Go Pass sticker affixed to a valid, Participant-issued, JPB-
approved Go Pass User photo ID card. Any other use of the Go Pass sticker is prohibited and will not be valid as fare
payment on Caltrain.
Go Pass Participant – JPB agrees not to pursue any claims or demands against Participant for a Go Pass User's
unauthorized use of the Go Pass, unless the unauthorized use is the result of Participant's failure to follow the sticker
issuance procedures in Section 5, gross negligence or willful misconduct. The transfer of the Go Pass sticker constitutes
fare evasion, a violation of California Penal Code 640. At the time of Go Pass issuance, Participant shall (1) notify its
Users that Go Pass stickers are non-transferrable and that transferring a Go Pass constitutes fare evasion under the law,
and (2) shall remind Users of their agreement to the terms of usage provided in the Survey.
Go Pass User - All Go Pass Users shall be subject to JPB's fare inspection regulations. JPB may confiscate and/or
destroy the Go Pass sticker and pursue claims or demands against, or seek prosecution of, anyone who duplicates,
alters, transfers, sells or commits unauthorized use of the Go Pass. Unauthorized use of the Go Pass includes, but is not
limited to, allowing a non-eligible person to use a Go Pass or affixing a Go Pass sticker to any form of identification other
than a valid Participant-issued, JPB-approved, Go Pass User ID card.
JPB may cancel any individual Go Pass if it has reason to believe that the Go Pass was issued and/or used in a manner
that fails to comply with the requirements herein. JPB will notify Participant if it has any such concerns and, after
appropriate investigation, revoke those passes in question. Participant agrees to cooperate with JPB in such an
investigation, including assisting the JPB in determining the identity of the Go Pass User(s) who are alleged to have
misused the Go Pass. Participant waives all remedies and rights to refunds for any Go Passes revoked for misuse. JPB
will incur no liability resulting from confiscation of misused Go passes or Go passes from a Go Pass User whose
Participant’s Agreement has been terminated.
14. PROTECTION OF PRIVACY: JPB acknowledges that it may review documents in the Go Pass File or other
materials that contain personal or confidential information about the Participant or the Go Pass User
(“Information”). Except as required to administer the Go Pass Program in accordance with this Agreement or as
otherwise required by law, JPB agrees not to use or to disclose to third parties the Information. JPB may use Participant’s
name in a list showing Go Pass Program participants. Notwithstanding the foregoing, JPB shall be free to use and
disclose to third parties information in an aggregate format that does not personally identify a Go Pass User.
15. ENTIRE AGREEMENT: This contract contains the entire Agreement between the parties hereto for the term
specified on Page 1 of this Agreement and cannot be changed or altered except by written agreement signed by both
parties hereto. Neither party shall be bound by any oral agreement or other understandings contrary to or in addition to
the terms and conditions as stated herein.
16. SUCCESSORS AND ASSIGNS: The terms, covenants and conditions contained in this Agreement shall bind and
inure to the benefit of Participant and JPB and, except as otherwise provided herein, their personal representatives and
successors and assigns.
17. NO THIRD-PARTY BENEFICIARIES: There are no third-party beneficiaries to this Agreement.
18. NO JOINT VENTURE: It is expressly agreed that Participant is not, in any way or for any purpose, a partner of the
JPB in the conduct of JPB’s business or a member of a joint enterprise with JPB, and does not assume any responsibility
for JPB’s conduct or performance of this Agreement. It is expressly agreed that JPB is not, in any way or for any purpose,
a partner of the Participant in the conduct of Participant’s business or a member of a joint enterprise with Participant, and
does not assume any responsibility for Participant’s conduct or performance of this Agreement.
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19. ATTORNEYS’ FEES: In the event that either JPB or Participant fails to perform any of its obligations under this
Agreement or in the event a dispute arises concerning the meaning or interpretation of any provision of this Agreement,
the defaulting Party or the Party not prevailing in such dispute, as the case may be, shall pay any and all costs and
expenses incurred by the other Party in enforcing or establishing its rights hereunder, including, without limitation, court
costs and reasonable attorneys’ fees.
20. GOVERNING LAW: This Agreement shall be governed and construed in accordance with the laws of the State of
California. Any action relating to, and all disputes arising under, this Agreement shall be instituted and prosecuted in a
court of competent jurisdiction in the State of California.
21. NOTICES: All notices, requests, communications and legal notices to be made or given to Participant under this
Agreement shall be addressed as shown on page 1 of this Agreement. All notices, including legal notices,
communications and requests to be made or given to JPB shall be addressed as follows:
Peninsula Corridor Joint Powers Board (Caltrain)
1250 San Carlos Ave.
San Carlos, CA 94070-1306
Attn: Market Research and Development
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Exhibit A
Proration Schedule
New Participants
Effective Date
(falling in month)
Portion of Total Fee per Go Pass
More than Minimum
(includes administration fee)
Portion of Total Fee per Go Pass
Less than Minimum
(includes administration fee)
February $174.42 $14,651.00
March $158.83 $13,342.00
April $143.25 $12,033.00
May $127.67 $10,724.00
June $112.08 $9,415.00
July $96.50 $8,106.00
August $80.92 $6,797.00
September $65.33 $5,488.00
October $49.75 $4,179.00
November $34.17 $2,870.00
December $18.58 $1,561.00
Terminating Participants
Effective Termination
Date
(falling in month)
Portion of Total Fee Returned per
Go Pass More than Minimum
(less administration fees)
Portion of Total Fee Returned per
Go Pass Less than Minimum
(less administration fees)
February $171.42 $14,399.00
March $155.83 $13,090.00
April $140.25 $11,781.00
May $124.67 $10,472.00
June $109.08 $9,163.00
July $93.50 $7,854.00
August $77.92 $6,545.00
September $62.33 $5,236.00
October $46.75 $3,927.00
November $31.17 $2,618.00
December $15.58 $1,309.00