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SR 10-23-2018 3D City Council Report City Council Meeting: October 23, 2018 Agenda Item: 3.D 1 of 5 To: Mayor and City Council From: Edward King, Director, Big Blue Bus, Transit Safety & Training Subject: Memorandum of Agreement Between Big Blue Bus and the Los Angeles Police Department to provide Transit Security and Law Enforcement Services on its public buses, bus stops, and other locations as needed Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a Memorandum of Agreement (MOA) with the City of Los Angeles Police Department (LAPD) to provide transit security and law enforcement services to Big Blue Bus (BBB) on its public buses, bus stops, and other locations as needed within its service area outside of the borders of the city of Santa Monica, and working in coordination with SMPD on any interjurisdictional issues. The recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080(b). The MOA will be for a one-year pilot program for a total amount not to exceed $504,580 ($480,552 with 5% contingency) with future year funding contingent on Council budget approval. Summary To address heightened concerns from customers and motor coach operators about safety on its buses, the Big Blue Bus (BBB) examined opportunities to enhance transit security within its service area outside of the City of Santa Monica. A review of available law enforcement services showed that the Los Angeles Police Department (LAPD) provided an option that met Big Blue Bus’ requirements under a competitively bid contract issued by the Los Angeles County Metropolitan Transportation Authority (Metro). Accordingly, Big Blue Bus recommends a one-year pilot program with the Los Angeles Police Department in an amount not to exceed $480,552 plus a 5% contingency of $24,028 for a total amount not to exceed $504,580. Discussion During BBB’s collaborative change management meetings held with all Motor Coach Operators in June 2018, and at subsequent safety meetings held in July-August with all 2 of 5 operations staff, breakout sessions were conducted to examine specific areas of concern for BBB operational staff. Three significant areas ranked as the highest priorities for MCOs: Safety and Security, Schedules and Service, and Uniform Standards and Appearance. Safety and Security ranked the highest of the three (3) major issues. In addition to MCOs expressing concern for safety and security, customers have also expressed frustration with disruptive passengers who refuse to pay the fare . Customer feedback is consistent with MCOs for a need to enhance security on BBB buses. During a series of customer focus groups in early August, customers expressed concerns about disruptive customers, fare enforcement, and their growing concern about the impact of individuals experiencing homelessness at bus stops a nd on board buses. Staff explored three options to begin the process of enhancing security on our fleet and at our stops: enhancing the existing security services contract, contracting with the Santa Monica Police Department (SMPD), or contracting with external law enforcement agencies that provide multi-jurisdictional protection services. Option 1: Private Security Staff. Staff examined enhancing its security services provided by Absolute Security International at the Big Blue Bus Campus by adding roving private security personnel on board buses. However, private security personnel would be limited in their authority to enforce fares and engage with disruptive customers. Due to such limitations, they would rely on law enforcement response for these basic functions. Option 2: Santa Monica Police Department. Staff also examined the option of engaging with the SMPD, but since 85% of the Big Blue Bus service area is out of the boundaries of Santa Monica, the protocols for public safety incidents would re quire the involvement of external law enforcement agencies for areas outside of Santa Monica. For example, if a SMPD officer was assigned to the transit detail and an incident occurred on the bus outside of City limits that required a patrol unit response, the SMPD officer would have to contact LAPD to respond to the incident, just as LAPD would have to request SMPD patrol units if an incident occurred within City limits. Understanding that only 15% of our service operates within the City, SMPD’s ability to address the 3 of 5 balance of BBB’s service outside of the city limits is limited as they would rely on LAPD to provide patrol unit response for the remaining 85% of BBB’s service area. Option 3: External Law Enforcement Agencies for Supplemental Service. Staff explored contracting with external law enforcement agencies. Staff researched two options for contracting with outside law enforcement agencies: the Los Angeles Sheriff’s Department (LASD) and the LAPD. This process included obtaining feedback from transit agencies who had contracted with LASD and LAPD for transit security law enforcement services. One of the agencies has existing contracts with several law enforcement jurisdictions. Based on their experience with working with LASD and LAPD they indicated that LAPD consistently provided faster response times to incidents while providing a transit unit detail dedicated to proactive transit law enforcement with officers riding buses. The LASD format did not provide the same level of service. Because BBB’s service area encompasses primarily the City of Los Angeles, as opposed to unincorporated LA County, there would be most efficient use of resources through the use of the LAPD. LASD would be limited in their support of BBB service as, unlike LAPD, LASD does not cover most of BBB’s service area. Currently, the LAPD provides transit security to LA Metro and to the Los Angeles Department of Transportation with the contract awarded through a competitive bidding process. Since these services were already competitively bid by another governmental agency, staff is proposing to work collaboratively with the LAPD to provide law enforcement services on BBB’s transit buses and at bus stops outside of the City of Santa Monica. The transit detail would be a proactive law enforcement effort where uniformed officers would ride BBB buses during certain days and times based upon data generated and analyzed by BBB and LAPD staff, in addition to providing special plainclothes units and special enforcement where warranted. 4 of 5 LAPD would agree to deploy and assign supervisors and officers to provide law enforcement services to patrol BBB buses, bus stops, and other identified locations outside of City of Santa Monica borders based upon data provided by BBB, data generated by LAPD, and the experience of LAPD officers in the field. LAPD would work in coordination with SMPD on any interjurisdictional issues. At a minimum, two officers and one supervisor would be assigned to BBB three days a week at 10 hour shifts for the one-year pilot program. LAPD would fund the salaries and benefits of officers and required supervision assigned to the detail, and invoice BBB at the mutually agreed - upon rate. The agreed upon hourly rate may increase as benefits and pay raises are implemented. It is proposed that this pilot program be in effect for a one -year term. Upon the conclusion of the year, BBB and LAPD would evaluate the effectiveness of the program and its impact on reducing crime and improving fare enforcement and would review metrics developed during the year to determine the program’s effectiveness. BBB would also solicit MCO feedback prior to the end of the pilot program to gauge employee satisfaction with LAPD and the officers assigned to the detail and will return to Council at the end of the pilot program. Vendor Selection Exception to Competitive Bidding Staff recommends Los Angeles Police Department to furnish and provide transit law enforcement services as an exception to competitive bidding per Muni Code 2.24.080 (b). Los Angeles County Metropolitan Transportation Authority has already competitively bid LAPD services. b. . Item was already competitively bid by another governmental agency or is part of cooperative purchasing with another agency, where item or services are supplied at same price or better. Financial Impacts and Budget Actions Staff seeks authority to enter into a Memorandum of Agreement with the Los Angeles Police Department for transit security services. 5 of 5 Agreement Request Request Amount FY 2018-19 Budget Department/CIP Account # Total Contract Amount $504,580 (includes 5% contingency) 60600015.55001F $480,552 Staff will use operational expenditure savings to absorb the contract amount. Prepared By: Enny Chung, Sr. Admin Analyst - Grants Approved Forwarded to Council Attachments: A. BBB Proposal