HomeMy WebLinkAboutStaff Report 7067
City of Palo Alto (ID # 7067)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/27/2016
City of Palo Alto Page 1
Summary Title: Approval of Contract Amendment with Cypress Security
Title: Approval of a Contract Amendment With Cypress Security, Inc.
(C16160138A) in the Amount of $884,552 for a Total Not-to-Exceed Amount
of $1,323,992 and Extend the Term of the Agreement to December 31, 2016
From: City Manager
Lead Department: Police
Recommendation
Staff recommends that Council authorize the City Manager, or his designee, to execute the
attached contract amendment (Attachment A) with Cypress Security, Inc. (C16160138A) in the
amount of $884,552 for a total not-to-exceed the amount of $1,323,992 and extend the term of
the agreement to December 31, 2016.
Background and Discussion
Since 2009, the City of Palo Alto has used the services of contract security guards in response to
teen fatalities that have occurred along the Caltrain corridor in Palo Alto. This program is
commonly referred to as Track Watch. From November 2009 to October 2014, guards were
stationed at both the Charleston and Meadow crossings from 6:15 p.m. to 1:15 a.m. (seven
hours). This evening only level of service at two locations resulted in a monthly cost for rail
security services of approximately $5,000 per month. To address additional teen fatality
incidents, in October 2014, the City increased its rail security services to include the Churchill
crossing and in November 2014 the City increased its rail security services to include the
California Avenue Station. Most recently, in response to a teen suicide at the Alma crossing
security services were added at this fifth location. This resulted in the City of Palo Alto having
contract security guards at a total of five locations. Additionally, the City increased the original
scope by hiring rail security guards to be present 24 hours per day to help further mitigate the
risk of incidents involving both Caltrain and freight trains.
The City initially utilized Val Security for contract security guard services. Previously, the City
had issued Requests for Quotations (RFQs) for contract security guards which relied almost
exclusively on cost as the award determinant. In an effort to increase the level of service the
City was receiving from the contract, in July 2015, the City issued a formal RFP for contract
security services for four locations along the Caltrain corridor in Palo Alto. Through that
City of Palo Alto Page 2
process, the City received three proposals for these services. Staff reviewed, evaluated, and
scored the proposals based on an established set of criteria and determined that Cypress was
the most favorable proposer as reflected in their training and program management, data
collection and digital record keeping, and experience in the field.
Cypress began providing contract security guard services on December 1, 2015. In the Spring of
2016, in response to concerns about the quality of services provided by Cypress, the City
worked with Cypress to restate our expectations and make several service enhancements
which will enable them to be increasingly effective in the future, including installation of
temporary toilet facilities at guard locations, increased coverage to include a fifth guard
position at the Palo Alto Avenue crossing, and an additional sixth and seventh guard positions
to serve as “rovers” to ensure continuous coverage during scheduled work breaks at all
locations. In addition, Cypress guards will be using a GPS tracking technology so that the City
can verify their physical location and proximity to their post in real-time.
The City of Palo Alto has been working on several fronts related to what is called “means
restriction” – limiting and reducing access to the tracks, as well as improving visibility along the
rail line. Research has shown that “means restriction” is an important part of a comprehensive
approach to suicide prevention. On our own initiative, the City has helped put in place several
key “means restriction” elements: enhanced and taller fencing along the entire east side of the
Cal Train rail corridor, clearing of brush/shrubs for better visibility, and the installation of a pilot
intrusion detection camera technology at one location to monitor the grade crossing. This
technology is designed to distinguish between humans and other objects down the corridor,
along the right of way and at intersections. To ensure continuous monitoring at all locations
and down the Cal Train corridor, City staff believes that such technology will be key to a
sustainable Track Watch program, eventually replacing the guard program as currently
provided.
While means restriction is an important suicide prevention strategy it is only one of many
efforts underway by the Palo Alto community. The City of Palo Alto’s ongoing commitment to
the Project Safety Net Community Collaborative, which aims to build and strengthen the
community network of support for youth and teens across all community sectors, and helps
provide increased awareness and decreased stigma of mental health, strengthens connections
between teens and caring adults and provides suicide prevention training in line with our long
term strategy in suicide prevention. Track security services are not the panacea to this complex
and challenging issue of suicide prevention that we face as a community. Investment in the
health and wellbeing of Palo Alto’s youth and teens must be pervasive, well beyond track
security services, inclusive of community, school, parent and student efforts across Palo Alto
community.
Finally, it is also important to understand that track security services with human guards is not
fool proof, and will be subject to human error. Recognizing the inherent challenges with human
guards and following the best practice of video intrusion detection for suicide prevention on rail
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lines staff is experimenting with a pilot intrusion detection camera system as a possible
alternative to human guards as long term strategy. Council has an accompanying staff report on
this pilot, also on consent for this June 27th, 2016.
Resource Impact
The additional amount requested is $884,552 which includes six months of service for seven
guards 24 hours per day, 7 days a week in FY 2017 and an additional $85,540 for services
rendered in FY 2016 that were not in the original scope (rover patrol and fifth guard location),
making the total not-to-exceed amount of the contract $1,323,992. The FY 2016 cost will be
paid for out of FY 2016 funds. The Fiscal Year 2017 Proposed Operating Budget allocated
$824,000 for Track Watch contract security services in the Police Department budget. Staff will
need to evaluate additional funding options in FY 2017 to meet any funding for a contract for
the second six months of FY 2017.
Environmental Review
This is not a project under the California Environmental Quality Act (CEQA).
Attachments:
ATTACHMENT A - CYPRESS AMENDMENT 062116 (PDF)
1 Revision June 16, 2016
AMENDMENT NO. 1 TO CONTRACT NO. C16160138A
BETWEEN THE CITY OF PALO ALTO AND
CYPRESS SECURITY, LLC
This Amendment No. 1 to Contract No. C16160138A (“Contract”) is entered into
June 27, 2016, by and between the CITY OF PALO ALTO, a California chartered municipal
corporation (“CITY”), and CYPRESS SECURITY, LLC, a limited liability company, located at
1762 Technology Drive, San Jose, CA 95110, Telephone Number: (408) 946-4102
(“CONTRACTOR”).
R E C I T A L S
A. The Contract was entered into between the parties for the provision of access
control and security services at five (5) at-grade railroad crossings.
B. The parties wish to amend the Contract.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the parties agree:
SECTION 1. Section 3 “TERM” is hereby amended to read as follows:
“TERM.
The term of this Agreement is from December 1, 2015 to December 31, 2016
inclusive, subject to the provisions of Sections Q and V of the General Terms and
Conditions.”
SECTION 2. Section 5 “COMPENSATION FOR ORIGINAL TERM” is hereby
amended to read as follows:
“A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to
exceed a total maximum compensation amount of One Million, Three Hundred,
Twenty-three Thousand, Nine Hundred and Ninety-two Dollars ($1,323,992).”
SECTION 3. The following exhibit(s) to the Contract is/are hereby amended to read
as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES”
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”
c. Exhibit “C” entitled “SCHEDULE OF FEES and RATE SCHEDULE”
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SECTION 4. Except as herein modified, all other provisions of the Contract,
including any exhibits and subsequent amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly authorized representatives
executed this Amendment on the date first above written.
CITY OF PALO ALTO
City Manager or Designee
APPROVED AS TO FORM:
City Attorney or Designee
CYPRESS SECURITY, LLC
Attachments:
EXHIBIT "A": SCOPE OF PROJECT & TIME SCHEDULE
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT "C": SCHEDULE OF FEES and RATE SCHEDULE
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CEO
6/21/2016
Kes Narbutas
3 Revision June 16, 2016
EXHIBIT A
SCOPE OF SERVICES
The CONTRACTOR shall provide access control and enforce access control procedures to the site
by monitoring pedestrian traffic through designated railroad crossings. Specifically:
• Meadow Drive Caltrain Crossing
• Charleston Road Caltrain Crossing
• Churchill Avenue Caltrain Crossing
• California Avenue Caltrain Platform
• Alma Caltrain Crossing
The CONTRACTOR shall provide standing officers to secure a section of railroad against
trespassing to prevent endangerment of all parties involved. The CONTRACTOR shall provide
security guards with uniforms (standardized polo type shirts and pants are acceptable) that identify
the company and are to be unarmed. The guards shall be alert and standing outside of a vehicle
observing the northbound and southbound railroad tracks at designated locations. A marked vehicle
at each location would be preferable but not mandatory. The guards are allowed two 15-minute
breaks and a half-hour lunch for each eight-hour shift. Also provided will be two “rover” guards to
ensure continuous coverage at the five designated locations. The CONTRACTOR will establish and
maintain a break/lunch schedule for each post and shift, and provide that to the City upon request.
The CONTRACTOR agrees to designate a supervisor to be on duty seven (7) days a week, twenty-
four (24) hours a day at the following contact numbers: San Jose QCM at 408-367-9893 or San
Francisco QCM at 415-786-4983, to respond immediately to any City report or inquiry concerning
the CONTRACTOR’s guards. Without limitation upon any of the rights or remedies of the City
under this Agreement or under law arising from the conduct of the CONTRACTOR or its personnel
or agents CITY and CONTRACTOR agree that the failure of any guard to be present during any part
of a scheduled shift, except when relieved by a roving officer, shall be considered a breach of this
Agreement, and CITY will suffer damages and incur other costs and expenses of a nature and
amount that is difficult or impractical to determine. Accordingly, CITY and CONTRACTOR agree,
as a method to fix the damages and not as a penalty, that in the event of any such failure to perform,
the amount of damage which shall be sustained by CITY will be the sum of $50 for each and every
hour or part of hour during which a shift is unfilled. CITY shall provide notice to CONTRACTOR of
any unfilled shift or part of a shift. If within 10 days CONTRACTOR fails to pay damages to CITY,
as specified in this paragraph, CONTRACTOR agrees that CITY may deduct and withhold the
amount of the unpaid damages from any amounts due or that may become due to CONTRACTOR
under this Agreement. If CONTRACTOR disputes CITY’s claim of damages, CITY shall provide
reasonable documentation to support its claim. By executing this Amendment, CITY and
CONTRACTOR acknowledge that the amount set forth in this paragraph has been agreed upon as
the parties’ reasonable estimate of CITY’s damages.
SPECIFIC SERVICES/REQUIREMENTS:
The CONTRACTOR shall provide personnel who conduct themselves in a professional manner at
all times while maintaining the highest levels of empathy and service. Personnel are expected to
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demonstrate the following abilities and characteristics:
• High school diploma or equivalent
• Ability to perform duties described in Scope of Services
• Dependability
• Sense of responsibility for the safety of children and others
• Good verbal communications skills
• Familiarity with traffic rules and regulations
The City will evaluate both independently and collectively with the CONTRACTOR, whether
assigned personnel are meeting the above standards. The City may mandate changes in personnel if it
deems that these standards are not being met. Personnel will be expected to perform the following
duties, practices, and procedures:
1. CROSSING ASSISTANCE DUTIES AND STANDARDS OF CONDUCT:
The CONTRACTOR shall ensure that all Caltrain General Orders and site specific protocols are
followed at all times. The CONTRACTOR hereby agrees that security personnel will also perform
track (not street) crossing assistance functions during working hours. Such functions will include
helping pedestrians and cyclists who need assistance to "cross-over" the tracks. The goal of the
additional duties is to increase safety at the crossings while at the same time fostering positive
interactions between the guards and members of our community. Security personnel are to perform
these services in a manner which is helpful, positive, and designed to foster a feeling of goodwill.
Security functions shall take priority over the crossing assistance functions at all times. Security
personnel shall use their discretion, expertise, and judgment in deciding whether or not to perform
crossing assistance functions at any given time. However, security personnel shall make a reasonable
effort to try to provide some crossing assistance at "busy" pedestrian times (especially to those in
need). Security personnel should be alert to and approach (if safe to do so) individuals who may be
or appear to be in distress, lingering near rail crossings, engaging in any behavior contrary to
personal safety, or engaging in any illegal activity and immediately report these incidents to Caltrain
dispatch and Palo Alto Police Dispatch. In addition, security personnel are expected to identify
potential safety, health, environmental, and/or fire hazards and immediately report these occurrences
to appropriate parties.
In addition, the CONTRACTOR shall ensure security personnel remain attentive and vigilant
throughout the work shift including but not limited to, refraining from cell phone usage unless
reporting an emergency or discussing an urgent issue with his or her supervisor. In addition, security
personnel shall not provide interviews or statements to the media related to any aspect of the security
operations without prior written consent from the City. The City does not require a supervisor or lead
officer at each location. The CONTRACTOR will provide a 24-hour contact number where a
Cypress supervisor can be reached to address absences or other issues occurring at the designated
railroad crossings. However, in the event of an incident, the City would require a supervisor to
evaluate the performance of the personnel and report on the findings (see below). A dedicated
Account Manager to work with City Staff on operational issues, concerns and billing is highly
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preferable.
2. CROSSING GUARD EQUIPMENT TO BE PROVIDED BY CONTRACTOR:
The CONTRACTOR shall provide a whistle to be used by personnel to be used to alert pedestrians
to safety concerns. In addition, the vendor shall provide a safety/traffic vest to be worn by security
personnel at all times while on duty. Guard equipment to include cell phone with GPS monitoring
capability, Caltrain train schedule and flashlight.
3. USE OF BINOCULARS TO SCAN TRACKS:
The CONTRACTOR will provide security personnel with binoculars with a magnification of
approximately 7X50. Security personnel will use binoculars to assist them in scanning the crossing
area as well as up and down the tracks. Security personnel will use their discretion in determining
when to use binoculars. Night vision capabilities are highly preferable.
4. NAME TAGS:
Name tags (or stitched fabric) are to be worn outside the clothing of security personnel. The name
tags shall state the name of the security guard on duty and identify CONTRACTOR as the provider
of the track watch service. The tag will be made of laminated or comparable material such that it will
be suitable for wearing it in the rain.
5. OUTDOOR WEAR:
Security personnel shall come equipped with clothing and footwear suited to the outdoor conditions
in which they work. The CONTRACTOR shall make a good faith effort to make sure that all
security personnel have appropriate outdoor wear for all seasons including: jackets designed to be
worn in cold weather and rain; gloves; head wear (caps, hats); appropriate footwear; and sunscreen.
All personnel equipment is considered a CONTRACTOR cost and should be included in the
appropriate billing rates.
6. LOG OF SECURITY PERSONNEL ON DUTY AND DAILY ACTIVITY REPORTS:
At least weekly, the CONTRACTOR will send the City of Palo Alto a proposed schedule of the
guards on duty. This log will include the name of security personnel, the hours which they will be
working and an emergency cell phone contact number for each guard. This schedule will be emailed
to the City’s Contract Administrator. The City of Palo Alto understands that the staffing schedule
submitted may be subject to change. The CONTRACTOR will make a good faith effort to update the
log to reflect such changes. In addition, the CONTRACTOR shall ensure that personnel prepare
daily activity reports that document all activity and provide these to the City at regular intervals to be
agreed upon.
7. INCIDENT REPORTING:
The CONTRACTOR will ensure that a report is generated for any contact at a designated location
where activity that is suspicious in nature occurs. When there is an incident involving attempted
suicide, injury, or death, the CONTRACTOR supervisor will attach a cover memorandum
acknowledging the report and evaluating/critiquing the actions/observations/behavior of the guard.
These reports should be summarized and reviewed by a supervisor and forwarded to the City as soon
as possible after an incident.
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8. SECURITY PERSONNEL TRAINING:
The CONTRACTOR agrees that it will schedule training sessions for personnel working this detail.
Training will be held at mutually agreed upon times. The City anticipates a 4-6 hour training session
prior to assignment. Additional training standards by the CONTRACTOR are highly preferable and
should be discussed in the proposal. The City may request additional training for personnel as the
contract progresses.
9. FLEXIBILITY OF SCHEDULING:
The CONTRACTOR agrees, given reasonable notice, to make a good faith effort to make
adjustments to the shift schedules of security personnel shifts and/or the locations where services are
to be provided if requested to do so by the City. The purpose of this provision is to allow the City to
make scheduling and/or location adjustments to meet the needs of the community without requiring
the City of Palo Alto to contract for additional hours of service.
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONTRACTOR shall perform the Services according to the following schedule:
• Meadow Drive Caltrain Crossing – 24 hours/7 days
• Charleston Road Caltrain Crossing – 24 hours/7 days
• Churchill Avenue Caltrain Crossing – 24 hours/7 days
• California Avenue Caltrain Platform – 24 hours/7 days
• Alma Caltrain Crossing – 24 hours/7 days
• Two additional “rover” guards for continuous coverage at all locations.
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EXHIBIT C
SCHEDULE OF FEES
Compensation based upon fee schedule
CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of
compensation to be paid to CONTRACTOR, including both payment for services and reimbursable
expenses, shall not exceed One Million, Three Hundred, Twenty-three Thousand, Nine Hundred and
Ninety-two Dollars ($1,323,992). Any services provided or hours worked for which payment would
result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost
to CITY.
Month Coverage Cost
July 2016 29 Regular Days
1 Holiday
24 Hour per Day Coverage
7 Locations
$131,739.48
August 2016 31 Regular Days
0 Holidays
24 Hour per Day Coverage
7 Locations
$133,883.16
September 2016 29 Regular Days
1 Holiday
24 Hour per Day Coverage
7 Locations
$131,739.48
October 2016 31 Regular Days
0 Holidays
24 Hour per Day Coverage
7 Locations
$133,883.16
November 2016 29 Regular Days
1 Holiday
24 Hour per Day Coverage
7 Locations
$131,739.48
December 2016 30 Regular Days
1 Holiday
24 Hour per Day Coverage
7 Locations
$136,026.84
Total Cost $799,011.60
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EXHIBIT C
RATE SCHEDULE
Regular Rate Holiday/OT Rate
Track Watch
Security Officer
$25.08
$37.62
Roving Break
Relief Officer
$26.62 $39.93
Additional
Vehicle
(Monthly)
$975.00/month
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