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HomeMy WebLinkAboutStaff Report 2503-4369CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, April 07, 2025 Council Chambers & Hybrid 5:30 PM     Agenda Item     5.Approval of Partnership Agreement with Metropolitan Transportation Commission, in an Amount Not to Exceed $94,640 to Provide Unlimited Transit Access Available Through the Clipper BayPass Pilot Program to City of Palo Alto Employees Through December 31, 2025; CEQA Status - Not a Project. City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Human Resources Meeting Date: April 7, 2025 Report #:2503-4369 TITLE Approval of Partnership Agreement with Metropolitan Transportation Commission, in an Amount Not to Exceed $94,640 to Provide Unlimited Transit Access Available Through the Clipper BayPass Pilot Program to City of Palo Alto Employees Through December 31, 2025; CEQA Status - Not a Project. RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute Partnership Agreement (Attachment B) with Metropolitan Transportation Commission to provide unlimited transit access available through the Clipper BayPass Pilot Program to City of Palo Alto employees through December 31, 2025 with a total not-to-exceed $94,640. BACKGROUND The City supports sustainable transportation efforts to meet Palo Alto’s environmental goals and reduce traffic. The City has provided commuter benefits for decades for its employees who voluntarily use commute alternatives to and from work. As part of its employee benefits package, the City of Palo Alto offers a range of commuter benefits to support a variety of sustainable transportation options. These benefits include the Caltrain GO Pass, carpooling ($30/month), biking ($20/month), and a 25% discount on monthly vanpool, parking, and transit costs. The Caltrain GO Pass is the most widely utilized commuter benefit, with approximately 50% of eligible employees participating in the program as of 2024. The Caltrain GO Pass provides employees with unlimited travel on Caltrain across all zones, available every day of the week. This benefit is accessible to employees located at City Hall, the Development Center, and the Downtown Library. This does not include worksites less proximate to Caltrain stations, such as the Municipal Services Center, Mitchell Park, Elwell Court, and the Rinconada complex. Caltrain staff limited locations that could participate in the GO Pass program to ensure equitable programs were being provided to all active Transportation Management Association (TMA) participating companies. Expanding to other worksites beyond the current scope of the GO Pass program was cost prohibitive. Over the years, City staff has explored opportunities to expand the current commuter benefits available to employees because City employees are commuting farther distances. Enhancing commuter benefit options is expected to encourage city employees to commute rather than drive and is also expected to enhance accessibility to the Caltrain benefit for those whose work locations prevent them from utilizing this transit option. In addition, offering flexible benefits such as this program supports Palo Alto’s strategy to be an employer of choice and enhance the ability to attract top talent and retain its workforce. ANALYSIS In an effort to expand and enhance the accessibility of commuter benefits, the City engaged with representatives from the Metropolitan Transportation Commission (MTC) to review their pilot Clipper BayPass program. The Clipper BayPass provides participants with unlimited travel on all Bay Area transit services, including bus, rail, and ferry routes such as Caltrain, BART, VTA, MUNI, Dumbarton Express, and other transit operators. Attachment A lists all Bay Area transit services that are part of Clipper BayPass. The Clipper BayPass program was developed by MTC in collaboration with the Bay Area Rapid Transit District (BART) and other transit agencies within the Clipper fare payment system. Phase 1 of the MTC’s Clipper BayPass program launched in August 2022 and included participants from four higher education institutions - the University of California, Berkeley (UC Berkeley), San Francisco State University (SFSU), San Jose State University (SJSU), and Santa Rosa Junior College (SRJC) – and at 12 MidPen affordable housing properties. Phase 2 of the pilot BayPass launched in January 2024, which includes participants from government organizations such Alameda Transportation Management Association and the City of Menlo Park. Preliminary program evaluation analyses conducted by MTC indicate that individuals with Clipper BayPass take about 40% more transit trips than their peers with access to just a single- agency pass. The current City of Palo Alto’s Caltrain GO Pass program is an example of single- agency pass, where employees can only ride one type of transit, Caltrain, with their GO Pass. Caltrain GO Pass The Caltrain GO Pass commuter benefit has proven to be highly successful, with approximately 50% of eligible City employees utilizing the program in 2024. This benefit enables employees to use Caltrain as their primary mode of transportation to work, helping reduce the number of single occupancy cars commuting to downtown Palo Alto and supporting the City’s broader sustainability goals. However, recurring feedback from employees indicates a desire to expand the Caltrain GO Pass program to include locations beyond the three downtown sites currently covered by the existing Caltrain agreement. This location limitation also raises equity concerns, as employees located at City facilities outside the downtown area are unable to access this beneficial commute solution. Clipper BayPass The pilot Clipper BayPass program will provide all benefited City employees to access all Bay Area transit services that are part of Clipper BayPass, including Caltrain. By expanding the commuter benefit to include Clipper BayPass, the City will be able to offer a variety of transit options to all City employees regardless of their work location. The availability of various transit options - such as BART, MUNI, VTA, and the Dumbarton Express, will provide employees who do not reside along the Caltrain corridor, an opportunity to consider using public transportation for their commute. The expansion to offer Clipper BayPass will encourage greater adoption of public transit as a commuting option for all employees. The Clipper BayPass program pilot can play a crucial role in shaping future commuter benefit offerings for the City. By participating in this program, the City will receive quarterly aggregate ridership data, including total ridership, types of transit used, and travel frequency. This is data not available through the GO Pass program and can be used to refine and update the City's commuter benefits to better align with employees' commuting patterns and needs. The City will also be able to explore affordability options for this commuter benefit, including, but not limited to, cost sharing. Following a thorough review of the Clipper BayPass program, staff recommends participating in the pilot program. This pilot initiative will expand the City’s existing commuter benefit offerings by providing employees with access to unlimited travel across all Bay Area transit services. By offering comprehensive transportation benefits such as Clipper BayPass, the City will also gain a competitive edge in attracting and retaining top talent. Candidates who may have previously been deterred by long commutes will now have the option to utilize public transit from nearly any location in the Bay Area. Additionally, the Clipper BayPass program will enhance the accessibility and equity of commuter benefits for employees working outside downtown sites. FISCAL/RESOURCE IMPACT The contract period will be from May 1, 2025 through December 31, 2025 with a total cost of $94,640. The costs will be covered with various funding appropriated in the FY 2025 Adopted Budget in the Human Resources Department, the City Manager Contingency, and enterprise funds for employees who work in Public Works or Utilities. If the pilot is successful and the City continues the contract beyond December 31, 2025, the ongoing costs are estimated to be $150,000 annually. These ongoing costs would be incorporated into the City’s Internal Services Benefits Fund and allocated citywide, with funding dependent on Council appropriation as part of the annual budget process. STAKEHOLDER ENGAGEMENT The City’s labor groups have been notified of this proposal, and Human Resources has worked on a broader communication plan to announce the new commuter benefit to City employees. A transition plan has also been created to ensure the current Caltrain GO Pass users have a successful transition to Clipper BayPass. Additional outreach will be conducted as needed as the Clipper BayPass program evolves. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by CEQA because approval of this agreement to provide a public transportation benefit for City employees is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). ATTACHMENTS Attachment A: List of Transit Operators Included with Clipper BayPass Attachment B: Partnership Agreement Between MTC and City of Palo Alto APPROVED BY: Sandra Blanch, Human Resources Director Atachment A: List of Transit Operators Included with Clipper BayPass • BART • SFMTA (Muni) • AC Transit • VTA • Caltrain • SamTrans • Golden Gate Transit • Golden Gate Ferry • San Francisco Bay Ferry • County Connec�on • Dumbarton Express • FAST • Marin Transit • Petaluma Transit • Santa Rosa CityBus • SMART • Soltrans • Sonoma County Transit • Tri Delta Transit • Union City Transit • Vacaville City Coach • VINE • WestCAT • Wheels PARTNERSHIP AGREEMENT Between CITY OF PALO ALTO And METROPOLITAN TRANSPORTATION COMMISSION For CLIPPER BAYPASS PILOT PROGRAM THIS AGREEMENT is made and entered into as of the May 1, 2025, by and between the City of Palo Alto (herein called "Palo Alto"), and the Metropolitan Transportation Commission, a regional transportation planning agency established pursuant to California Government Code § 66500 et seq., (herein called “MTC”) (“Agreement”), both individually referred to as a “Party” and collectively referred to as “the Parties.” W I T N E S S E T H WHEREAS, MTC seeks to increase transit usage by reducing fare barriers and improving coordination of fare policies across Bay Area transit operators; and WHEREAS, MTC and Bay Area transit operators convened the Fare Integration Task Force as a special committee of the Clipper Executive Board to assess methods to improve coordination across transit fare policies; and WHEREAS, on November 15, 2021, the Fare Integration Task Force adopted a Bay Area Transit Fare Policy Vision Statement which called for the “deployment of an all-transit agency institutional/employer pass demonstration pilot in 2022, with a focus on educational institutions, affordable housing properties, and employers of various sizes, pending available resources/technical considerations;” and WHEREAS, MTC created the Clipper BayPass Pilot Program in 2022 under the direction of the Fare Integration Task Force in order to deliver on the commitment to establish an institutional/employer pass pilot; and WHEREAS, the Clipper BayPass Pilot Program is inviting employers/institutions to purchase the Clipper BayPass public transportation pass, which provides unlimited access to Bay Area transit services that accept Clipper, with the exception of cable car services operated by SFMTA; and WHEREAS, Palo Alto is interested in providing the Clipper BayPass public transportation pass to its eligible member employees. Eligible member employees are defined as 1) those employees to whom Palo Alto provides the Caltrain Go Pass (Pilot Group A), and 2) all other eligible employees at defined worksite locations (Pilot Group B); Docusign Envelope ID: 44B67C13-A97B-4536-8164-C3E9E3E20011 MTC/ Palo Alto Clipper BayPass Partnership Agreement Page 2 NOW, THEREFORE, the Parties hereto agree as follows: 1. SCOPE OF WORK MTC agrees to provide the Clipper BayPass public transportation pass, as described and in quantities specified in Attachments A and B, to Palo Alto at the price of $20 per month per eligible employee for Pilot Group A, and at the price of $10 per month per eligible employee for Pilot Group B. Palo Alto shall perform the activities described in Attachments A and B. 2. TIME OF PERFORMANCE The services described by this Agreement shall commence on or after May 1, 2025 and terminate on December 31, 2025, unless the Agreement is extended by duly executed amendment or earlier terminated, as hereinafter provided. 3. FUNDING AND METHOD OF PAYMENT A. In order to participate in the Clipper BayPass program pilot, Palo Alto agrees to pay MTC in accordance with the amounts and processes specified in Attachments A and B. All payment shall be submitted to MTC at: Attn: Accounting Section Metropolitan Transportation Commission Bay Area Metro Center 375 Beale Street, Suite 800 San Francisco, CA 94105 4. AMENDMENTS Any changes in the activities to be performed under this Agreement shall be incorporated in written amendments, which shall specify the changes in Attachments A and B and any adjustments in the schedule and Payment amounts. All amendments shall be executed by the Palo Alto Project Manager, or a designated representative and MTC Executive Director, or a designated representative. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed amendment. Docusign Envelope ID: 44B67C13-A97B-4536-8164-C3E9E3E20011 MTC/ Palo Alto Clipper BayPass Partnership Agreement Page 3 5. TERMINATION Either party may terminate this Agreement due to the other party’s substantial failure to perform as specified in this agreement upon thirty (30) days prior written notice. Either party may terminate this Agreement without cause upon ninety (90) days prior written notice. In the event of such termination, all Passes shall be deactivated immediately after the termination date. If either party terminates the agreement, MTC shall either invoice or refund Palo Alto as per the terms of termination specified in Attachments A and B. 6. RETENTION OF RECORDS Palo Alto agrees to keep all records pertaining to the project being funded for audit purposes in accordance with generally accepted accounting practices for a minimum of four (4) years following the fiscal year of the last expenditure under this Agreement. 7. INDEMNIFICATION Palo Alto shall indemnify and hold harmless MTC and its commissioners, directors, officers, agents and employees (each an “Indemnified Party”) from any and all claims, demands, suits, loss, damages, injury and/or liability (including any and all costs and expenses in connection therewith), incurred by reason of breach of this Agreement by Palo Alto or by any negligent or otherwise wrongful act or omission of Palo Alto, its officers, commissioners, directors, employees, agents, contractors and subcontractors, or any of them, under or in connection with this Agreement; and Palo Alto agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, its commissioners, directors, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. 8. NOTICES Except for invoices submitted by Palo Alto pursuant to Article 3, all notices or other communications to either party by the other shall be deemed given when made in writing and delivered, mailed, or emailed to such party at their respective addresses as follows: Docusign Envelope ID: 44B67C13-A97B-4536-8164-C3E9E3E20011 MTC/ Palo Alto Clipper BayPass Partnership Agreement Page 4 To MTC: Attention: Thalia Leng Metropolitan Transportation Commission Bay Area Metro Center 375 Beale Street, Suite 800 San Francisco, CA 94105 Email: tleng@bayareametro.gov To Palo Alto: Maria Patino City of Palo Alto Office of the City Clerk: City Hall, 7th Floor 250 Hamilton Avenue Palo Alto, CA 94301 Email: maria.patino@cityofpaloalto.org 9. ASSIGNMENT Neither party shall assign, transfer or otherwise substitute its interest or obligations in this Agreement without the prior written consent of the other party. 10. CONFIDENTIALITY 10.1 In this Article 10, Confidentiality, the Party disclosing information shall be referred to as the “Disclosing Party” and the Party receiving information shall be referred to as the “Receiving Party”. As used herein, “Confidential Information” shall mean any non-public, confidential or proprietary information disclosed by a Party in discussions between the Parties relating to the purpose, whether disclosed orally or in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” or “proprietary” including, without limitation: data, notes, drafts, assessments, analyses, evaluations, and reports related to the travel patterns, home and work locations, commute mode choices, and parking activities of Palo Alto employees. 10.2 Exclusions. “Confidential Information” shall not include information that: (a) is or becomes known or available to the public, other than through a breach of an obligation hereunder by the Receiving Party; (b) is lawfully acquired by the Receiving Party from a third party without breach of a confidentiality restriction; (c) the Receiving Party can demonstrate by written proof was (i) already in its possession at the time it was disclosed hereunder by the Disclosing Party or (ii) was independently developed by the Receiving Party without use of the Disclosing Party’s Docusign Envelope ID: 44B67C13-A97B-4536-8164-C3E9E3E20011 MTC/ Palo Alto Clipper BayPass Partnership Agreement Page 5 Confidential Information; (d) has been approved for disclosure by the Disclosing Party; or (e) has been provided by Disclosing Party pursuant to the required deliverables referenced in Attachments A, Scope of Work. 10.3 Confidentiality Obligation. Receiving Party will hold and maintain Disclosing Party’s Confidential Information in confidence, exercising at least the same degree of care as Receiving Party customarily exercises to protect its own like information, but no less than reasonable care. Without the prior written consent of Disclosing Party, Receiving Party will not: (a) disclose any portion of the Confidential Information to any person or entity other than its directors, officers, employees, agents or consultants (each a “Representative”) who reasonably need access to the Confidential Information to fulfill the purpose and is bound to protect its confidentiality including, with respect to agents and consultants, by written agreement on terms substantially similar to this Agreement; or (b) use Confidential Information except as reasonably required in furtherance of the purpose. Receiving Party shall take reasonable steps to ensure compliance with this Agreement by its Representatives, and agrees that it is responsible to Disclosing Party for any action or failure to act by any Representative that would constitute a breach of this Agreement. Notwithstanding the foregoing, disclosure of Confidential Information by a Receiving Party shall not be precluded if such disclosure is required by a valid law, including the California Public Records Act, regulation, subpoena, demand, order or other process of a court or government entity, provided that Receiving Party provides prompt written notice to the Disclosing Party sufficiently in advance to permit the Disclosing Party to contest the disclosure or seek an appropriate protective order. 10.4 Remedies. Without prejudice to the rights and remedies otherwise available to Disclosing Party, Disclosing Party may be entitled to equitable relief by way of injunction if there is a breach or threat of breach of any of the provisions of this Agreement by the Receiving Party. The Parties acknowledge and agree that damages may not be an adequate remedy in the event of a breach of this Agreement. Docusign Envelope ID: 44B67C13-A97B-4536-8164-C3E9E3E20011 MTC/ Palo Alto Clipper BayPass Partnership Agreement Page 6 11. LAWS AND REGULATIONS Palo Alto shall comply with any and all applicable laws, statutes, ordinances, rules, regulations, and procedural requirements of any national, state, or local government, and of any agency of any such government, including but not limited to MTC, that relate to or in any manner affect the performance of the Agreement, which shall include, but not be limited to California Streets & Highways Code Section 31490 and any others relating to the handling of private and/or personally identifiable information. 12. ENTIRE AGREEMENT: MODIFICATION This Agreement, including any attachments, constitutes the complete agreement between the parties and supersedes any prior written or oral communications. Palo Alto represents that in entering into the Agreement it has not relied on any previous representations, inducements, or understandings of any kind or nature. This Agreement may be modified or amended only by written instrument signed by both Palo Alto and MTC. In the event of a conflict between the terms and conditions of this Agreement and the attachments, the terms of this Agreement will prevail. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the day and year first written above. METROPOLITAN TRANSPORTATION COMMISSION CITY OF PALO ALTO Andrew B. Fremier, Executive Director Ed Shikada, City Manager APPROVED AS TO FORM: Jennifer Fine, Deputy City Attorney Docusign Envelope ID: 44B67C13-A97B-4536-8164-C3E9E3E20011 MTC/ Palo Alto Clipper BayPass Partnership Agreement Page 7 ATTACHMENT A PROGRAM SCOPE – PILOT GROUP A CLIPPER BAYPASS PILOT PROGRAM Program Duration The services provided under this contract for Palo Alto’s participation in Clipper BayPass Pilot Program will be in force for a duration of 245 days. Options to extend services under the contract beyond the 245 days may be discussed prior to the end of the current contract. Clipper BayPass Capabilities The Clipper BayPass Pilot Program utilizes the Clipper fare payment system product known as the “Events Pass”. The Clipper BayPass Pilot Program provides individual participants with a transit pass good for unlimited travel on all transit services operated by the Operators that accept Clipper, except for Cable Car service operated by the SFMTA. The “Events Pass” can be activated on any existing physical or mobile Clipper Card. Program Payment Components Payment for Public Transportation Services Palo Alto agrees to pay MTC a minimum total amount of $59,520 to participate in the Clipper BayPass Program for 245 days. This minimum total payment amount is based on a price of $20.00 per pass per month for a total of 372 passes. MTC will make available to Palo Alto one Clipper BayPass (“Pass”) per eligible employee to whom Palo Alto provides the Caltrain Go Pass. The group of employees to whom Palo Alto provides the Caltrain Go Pass constitutes the minimum eligible pool (the “Pool”) for the for the duration of the present contract period. Palo Alto and MTC have determined the minimum Pool for Pilot Group A for the duration of the present contract to be 372 employees as of December 12, 2024. Additional Passes Palo Alto will add eligible employees to whom Palo Alto provides the Caltrain Go Pass to the Clipper BayPass program Pool during the agreement. Passes shall be activated and valid from May 1, 2025 (or date of issue, if later) through December 31, 2025. Palo Alto shall pay MTC a total of $160 per Clipper BayPass for each member of the Pool from May 1, 2025 through December 31, 2025. If additional eligible Participants enter the Pool exceeding the 372 in the minimum Pool, then MTC shall issue additional Passes at the same annual price per pass of $160 unless entry into the program occurs after July 1, 2025, in which case 50% of the annual per Pass price (i.e., $120) shall be charged per additional Pass. There shall be no pro-rating of pricing beyond the mid-year 50% price. Invoicing MTC shall invoice Palo Alto for $29,760 (i.e., 50% of the minimum total amount of $59,520) to participate in the Clipper BayPass program upon execution of this Agreement. This payment will be referred to as the “Initial Payment – Pilot Group A”. MTC will invoice Palo Alto for the remaining Docusign Envelope ID: 44B67C13-A97B-4536-8164-C3E9E3E20011 MTC/ Palo Alto Clipper BayPass Partnership Agreement Page 8 50% of the minimum total amount on July 1, 2025. By no later than January 31, 2026, MTC shall invoice Palo Alto for any “Additional Passes” as defined herein. Palo Alto shall remit all payments within thirty (30) days of receipt of invoice, including invoices for additional physical Clipper Cards. All payments shall be directed to: Attn: Accounting Section Metropolitan Transportation Commission Bay Area Metro Center 375 Beale Street, Suite 800 San Francisco, CA 94105 Roles and Responsibilities MTC will be responsible for:  Providing within 30 days of the start of the program, educational and promotional materials in a digital and physical format to help individuals understand the Clipper BayPass product.  Making every reasonable effort to provide Palo Alto, within 15 days of a request, with the requested number of physical Clipper Cards at a cost to Palo Alto of $3.00 per card.  Providing aggregated reports of travel activity with the Clipper BayPass to Palo Alto.  Managing evaluation activities including up to four, brief (~5 minute) participant surveys to be deployed electronically. Palo Alto will be responsible for:  Using the Clipper Portal to ensure that the Clipper BayPass product is active on all eligible employee Clipper Cards.  Ensuring that BayPass is removed simultaneously from all employee Clipper Cards from which Go Pass is being removed. In other words, aligning Clipper BayPass deactivation processes with Caltrain Go Pass deactivation processes.  Communicating to employees to promote the Clipper BayPass and educating them regarding its use. In its communications, including the materials that MTC will provide, Palo Alto clarifies the following program nuances to its employees: o The Clipper BayPass cannot be used on SFMTA Cable Cars; o The Clipper BayPass will become inactive if it is not used (i.e., tapped on Clipper Card reader on transit or at a transit stop) within 180 days of initial activation. o The Clipper BayPass is non-transferable, is only a valid fare when used by an eligible Palo Alto employee. o Ensuring that BayPass is removed from an employee’s Clipper card within three business days after their date of separation. o Communicating to employees that Caltrain Go Pass Terms and Conditions for use of the pass on public transportation also apply to their use of Clipper BayPass because BayPass is an add-on to, not a replacement for, the existing Caltrain Go Pass.  Coordinating on a regular basis with the Clipper BayPass program team via virtual meetings. Docusign Envelope ID: 44B67C13-A97B-4536-8164-C3E9E3E20011 MTC/ Palo Alto Clipper BayPass Partnership Agreement Page 9 ATTACHMENT B PROGRAM SCOPE – PILOT GROUP B CLIPPER BAYPASS PILOT PROGRAM Program Duration The services provided under this contract for Palo Alto’s participation in Clipper BayPass Pilot Program will be in force for a duration of 245 days. Options to extend services under the contract beyond the 245 days may be discussed prior to the end of the current contract. Clipper BayPass Capabilities The Clipper BayPass Pilot Program utilizes the Clipper fare payment system product known as the “Events Pass”. The Clipper BayPass Pilot Program provides individual participants with a transit pass good for unlimited travel on all transit services operated by the Operators that accept Clipper, except for Cable Car service operated by the SFMTA. The “Events Pass” can be activated on any existing physical or mobile Clipper Card. Program Payment Components Payment for Public Transportation Services Palo Alto agrees to pay MTC a minimum total amount of $35,120 to participate in the Clipper BayPass Program for 245 days. This minimum total payment amount is based on a price of $10.00 per pass per month, for a total of 439 passes. MTC will make available to Palo Alto one Clipper BayPass (“Pass”) per eligible employee at defined worksite locations. The group of employees to at these defined worksite locations constitutes the minimum eligible pool (the “Pool”) for the duration of the present contract period. Palo Alto and MTC have determined the minimum Pool for Pilot Group B for the duration of the present contract to be 439 employees as of the 12th day of December, 2024. Additional Passes Palo Alto will add eligible employees to the Clipper BayPass program Pool during the agreement. Passes shall be activated and valid from May 1, 2025 (or date of issue, if later) through December 31, 2025. Palo Alto shall pay MTC a total of $80 per Clipper BayPass for each member of the Pool from May 1, 2025, through December 31, 2025. If additional eligible Participants enter the Pool exceeding the 439 in the minimum Pool, then MTC shall issue additional Passes at the same annual price per pass of $90 unless entry into the program occurs after July 1, 2025, in which case 50% of the annual per Pass price (i.e., $60) shall be charged per additional Pass. There shall be no pro-rating of pricing beyond the mid-year 50% price. Invoicing MTC shall invoice Palo Alto for $17,560 (i.e., 50% of the minimum total amount of $35,120) to participate in the Clipper BayPass program upon execution of this Agreement. This payment will be referred to as the “Initial Payment – Pilot Group B”. MTC will invoice Palo Alto for the remaining Docusign Envelope ID: 44B67C13-A97B-4536-8164-C3E9E3E20011 MTC/ Palo Alto Clipper BayPass Partnership Agreement Page 10 50% of the minimum total amount on July 1, 2025. By no later than January 31, 2026, MTC shall invoice Palo Alto for any “Additional Passes” as defined herein. Palo Alto shall remit all payments within thirty (30) days of receipt of invoice, including invoices for additional physical Clipper Cards. All payments shall be directed to: Attn: Accounting Section Metropolitan Transportation Commission Bay Area Metro Center 375 Beale Street, Suite 800 San Francisco, CA 94105 Roles and Responsibilities MTC will be responsible for:  Providing within 30 days of the start of the program, educational and promotional materials in a digital and physical format to help individuals understand the Clipper BayPass product.  Making every reasonable effort to provide Palo Alto, within 15 days of a request, with the requested number of physical Clipper Cards at a cost to Palo Alto of $3.00 per card.  Providing aggregated reports of travel activity with the Clipper BayPass to Palo Alto.  Managing evaluation activities including up to four, brief (~5 minute) participant surveys to be deployed electronically. Palo Alto will be responsible for:  Using the Clipper Portal to ensure that the Clipper BayPass product is active on all eligible employee Clipper Cards.  Ensuring that BayPass is removed simultaneously from all employee Clipper Cards from which Go Pass is being removed. In other words, aligning Clipper BayPass deactivation processes with Caltrain Go Pass deactivation processes.  Communicating to employees to promote the Clipper BayPass and educating them regarding its use. In its communications, including the materials that MTC will provide, Palo Alto clarifies the following program nuances to its employees: o The Clipper BayPass cannot be used on SFMTA Cable Cars; o The Clipper BayPass will become inactive if it is not used (i.e., tapped on Clipper Card reader on transit or at a transit stop) within 180 days of initial activation. o The Clipper BayPass is non-transferable, is only a valid fare when used by an eligible Palo Alto employee.  Ensuring that BayPass is removed from an employee’s Clipper card within three business days after their date of separation.  Coordinating on a regular basis with the Clipper BayPass program team via virtual meetings. Docusign Envelope ID: 44B67C13-A97B-4536-8164-C3E9E3E20011