SR 04-26-2022 3D
City Council
Report
City Council Meeting: April 26, 2022
Agenda Item: 3.D
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To: Mayor and City Council
From: David Martin, Director, Code Enforcement
Subject: Approval of Contract Modification with California Panther Security to Provide
Security Services Related to Pier Vending
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute a second modification to Agreement #4865 with A.G. Coast, Inc, d/b/a CA
Panther, for security services on and around the Santa Monica. This recommended
award is made as an exception to the competitive bidding process pursuant to SMMC
2.24.250(g), is for a total amount not to exceed $732,000 ($482,000 over the initial
agreement amount of $250,000 under the City Manager’s authority) and will extend the
term of the agreement through June 30, 2023.
Summary
Council directed staff at their February 22, 2022, meeting to continue with the Pier Task
Force, which was created to address concerns over safety, public health, and the
environment related to unpermitted vending. Contract security services provided by
A.G. Coast, Inc. (dba CA Panther) are instrumental in assisting the Pier Task Force in
reducing unpermitted vending on and around the Santa Monica Pier. Staff recommends
that the City modify its agreement with CA Panther to continue contract security
services through the end of FY 2022-23. This would ensure the Pier Task Force has the
contracted security services needed to continue addressing unpermitted vending and its
associated public safety, public health, and environmental risks.
Discussion
In October 2021, the City began using Allied Security, to provide unarmed security
services to monitor ingress points to prevent unpermitted vendor access onto the Santa
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Monica Pier and assist with the Code Enforcement Division’s Pier Detail, through an
existing City contract. The use of Allied Security was intended to be short-term in
response to the emergency safety issues on the Pier, with an estimated cost of
$25,000, while the City solicited informal bids from two additional security companies to
supplement staff’s efforts.
Three firms were contacted to assist with the efforts through March 2022: Allied
Security, Inter-Con Security, and CA Panther. Allied Security informed staff that it did
not provide part-time security services on a contractual basis. Inter-Con Security, a
second security company, initially responded to the request with a quote, but then
modified their response to increase their hourly rate, which left CA Panther as the
lowest responsible bidder of the three vendors.
In January 2022, the City contracted with CA Panther, to provide security services on
and around the Santa Monica Pier through June 30, 2022, for an amount not to exceed
$250,000, under the City Manager’s authority pursuant to Santa Monica Municipal Code
(SMMC) 2.24.070. A first modification of the agreement has since been executed to
modify the scope of work including days and work hours.
On February 22, 2022, the City Council held a study session to discuss the issue of
continued unpermitted vending on and around the Pier and to consider the future of the
Pier Task Force. Council directed staff to extend security services at the Pier through
June 30, 2023. To ensure there is no disruption of services to the current operation on
the Pier, there is insufficient time to complete the formal bidding process, as is required
for contractual services contracts over $250,000. See SMMC 2.24.130, 2.24.220.
Given the substantial interference with required City operations that would result if there
were a disruption of services, an exception to the competitive selection process applies
here. See SMMC 2.24.250(g). By extending the contract, the City will continue with the
staffing and deployment, with a slight reduction in the staffing schedule, while
maintaining the Task Force approach, momentum, and saving costs. The Council
direction included the continued deployment of contracted security services at Pier
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entrances Friday through Sunday but consolidates two shifts into one shift to maximize
efficiency and reduce costs.
Under the City’s current contract with CA Panther, two shifts of unarmed security
officers are provided Friday through Sunday through the end of this fiscal year in an
amount not to exceed $250,000. This contract will be modified to include one shift of
unarmed security officers working a 12-hour shift Friday through Sunday beginning
March 18, 2022, through June 30, 2023. This modification will increase the current
contract by $482,000 with a new total of $732,000 through FY 2022-23.
Past Council Actions
2/22/2022 Citywide Response to Sidewalk Vending Study Session
4/19/2019 Comprehensive Sidewalk Vending Program and Emergency
Ordinance
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount
of the agreement with A.G. Coast, Inc. (dba CA Panther) and continue deployment of
contract security officers on and around the Santa Monica Pier through FY 22-23.
Budget changes will be included in the Proposed FY 2022-23 Exception Based Budget.
Contract Modification Request: A.G. Coast, Inc.
Agreement Number
Current
Authorized
Amount
FY 2021-22
Budget
Modified
Request
Amount Dept Account #
Total Revised
Contract
Amount
4865 $250,000 $482,000 01800004.553250 $732,000
TOTAL $732,000
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Prepared By: Cheryl Shavers, Senior Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. CA Panther Oaks Initiative Form
B. CA Panther Living Wage 21-22
C. CA Panther Non Discrimination Policy
D. CA Panther COVID 19 Vaccine Policy Attestation
E. Written Comment
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CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as
the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and
information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s
text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It
prohibits a public official from receiving, and a person or entity from conferring, specified
personal benefits or campaign advantages from a person or entity after the official votes,
or otherwise takes official action, to award a “public benefit” to that person or entity. The
prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa
Monica shall provide the names of trustees, directors, partners, and officers, and names
of persons with more than a 10% equity, participation or revenue interest. An exception
exists for persons serving in those capacities as volunteers, without compensation, for
organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the
Internal Revenue Code. However, this exception does not apply if the organization is a
political committee or controls political committees. Examples of a “public benefit” include
public contracts to provide goods or services worth more than $25,000 or a land use
approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City
compiles and maintains certain information. That information includes the name of any
person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an
entity, rather than an individual person, the information includes the name of every person
who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent
interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks
Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This
information must be updated and supplied every 12 months.
3.D.a
Packet Pg. 561 Attachment: CA Panther Oaks Initiative Form (5034 : Award Contract with California Panther Security to Provide Security Services Related to
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City
compiles and maintains certain information. That information includes the name of any
person or persons who is seeking a “public benefit.” If the “public benefit” is sought by
an entity, rather than an individual person, the information includes the name of every
person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten
percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-
month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000
over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any
12-month period;
5. Land use variance, special use permit, or other exception to an established land
use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-
month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-
month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________
Signature: ______________________________________ Date: ________________
Email: ____________________________________ Phone: ____________________
FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________
3.D.a
Packet Pg. 562 Attachment: CA Panther Oaks Initiative Form (5034 : Award Contract with California Panther Security to Provide Security Services Related to
CITY OF SANTA MONICA LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica
(Fiscal Year 21/22 – July 1, 2021 through June 30, 2022)
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO),
establishes a Minimum Wage of $17.64 per hour for certain employees of contractors
providing services to the City where services exceed $54,200 or more and requires that
contractors also provide the same health care and other benefits to employees’ same
sex spouses and domestic partners as are provided to other employees’ spouses.
An employee covered by the LWO is any person who does not actually work as a
manager, supervisor, or confidential employee, and who is not required to possess an
occupational license.
The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is
selected, the bidder must maintain payroll records that include, at minimum, the full
name of each employee providing services under the contract, job classification and
rate of pay. Bids that fail to include Certification Forms may be considered non-
responsive and excluded from further consideration.
Please prepare the following certification if you are a contractor engaging in a contract
for services with the City of Santa Monica in excess of $54,200.
Your signature on this certification grants the City permission to review any and all
payroll books and records and any company documents pertaining to the benefits
offered to employees to assure your compliance with the LWO during the term of the
contract.
Please direct any questions to:
City of Santa Monica Finance Department
Attention: Living Wage Compliance Section
1685 Main Street, Mail Stop 09
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at
finance.mailbox@smgov.net or by phone 310-458-8281.
3.D.b
Packet Pg. 563 Attachment: CA Panther Living Wage 21-22 (5034 : Award Contract with California Panther Security to Provide Security Services Related to Pier
CITY OF SANTA MONICA
LIVING WAGE ORDINANCE CERTIFICATION July 1, 2021 through June 30, 2022
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200 MINIMUM WAGE - $17.64 per hour
Please read, complete, and sign the following:
THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE
THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE
If this contract is not subject to the Living Wage Ordinance requirements, please note the reason below
and attach supporting documentation for exemption. For example, in order to be exempt pursuant to a
collective bargaining agreement, a signed collective bargaining agreement must be attached.
(a) ________ contractor is a government agency and is exempt
(b) ________ contractor is a City grantee and is exempt
(c) ________ contractor is a non-profit corporation and is exempt
(d) ________ contractor is an employer whose employees are covered by a bona fide collective
bargaining agreement where the waiver is explicitly set forth in an agreement in
clear and unambiguous terms
(e) ________ contractor is a corporation providing banking services
The undersigned, on behalf of himself or herself individually and on behalf of his or her business or
organization, hereby certifies that he or she is fully aware of Santa Monica’s Living Wage Ordinance
(LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined
herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections
of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the
answers to the questions posed herein change so that Contractor would be subject to the LWO,
Contractor will promptly notify the Director of Finance in writing. Contractor further understands and
agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies
to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall
have the right to examine all books and records of the Contractor as they relate to compliance with the
LWO. Payroll records shall at a minimum include the full name of each employee performing labor or
providing services under the contract, job classification, and rate of pay.
These statements are made under penalty of perjury under the laws of the State of California.
Printed Name: _______________________________________Title: _______________________________
Signature: __________________________________________ Date: _______________________________
Contractor: ________________________________________ Bid Number (if applicable):_____________
Service Description:
_______________________________________________________________________________________
_______________________________________________________________________________________
Moe Galal Vice President
12/23/21
A.G Coast Inc dba California Panther Security
Unarmed Security Guard Services
3.D.b
Packet Pg. 564 Attachment: CA Panther Living Wage 21-22 (5034 : Award Contract with California Panther Security to Provide Security Services Related to Pier
City of Santa Monica
Non-Discrimination Policy Acknowledgment
A. Discrimination.
Discrimination in the provision of services may include, but not be limited to the following:
(a) Denying any person any service, or benefit or the availability of a facility.
(b) Providing any service, or benefit to any person which is not equivalent, or in a non-
equivalent manner or at a non-equivalent time, from that provided to others.
(c) Subjecting any persons to segregation or separate treatment in any manner related to the
receipt of any service.
(d) Restricting any person in any way in the enjoyment of any advantage or privilege enjoyed
by others receiving any service or benefit.
(e) Treating any person differently from others in determining admission, enrollment, quota,
eligibility, membership, or any other requirement or condition which persons must meet in
order to be provided any service or benefit.
(1) Consultant shall take affirmative action to ensure that intended beneficiaries of this Agreement
are provided services without regard to race, color, religion, national origin, ancestry, sex, age,
sexual orientation, marital status, AIDS or disability.
(2) Consultant shall further establish and maintain written procedures under which any person
applying for or receiving services hereunder, may seek resolution from Consultant of a
complaint with respect to any alleged discrimination in the provision of services by
Consultant's personnel.
At any time any person applies for services under this Agreement, he or she shall be advised
by Consultant of these procedures. A copy of these procedures shall be posted by Consultant
in a conspicuous place, available and open to the public, in each of Consultant's facilities
where services are provided hereunder.
B. Non-discrimination in Employment
(1) Consultant certifies and agrees that it will not discriminate against any employee or applicant
for employment because of race, color, religion, national origin, ancestry, sex, age, sexual
orientation, marital status, AIDS or disability in accordance with the requirements of City, State
or Federal law. Consultant shall take affirmative action to ensure that qualified applicants are
employed, and that employees are treated during employment, without regard to race, color,
religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or
disability, in accordance with the requirements of City, State and Federal law. Such shall
include, but not be limited to, the following:
(a) Employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay or other forms of compensation.
(b) Selection for training, including apprenticeship.
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Packet Pg. 565 Attachment: CA Panther Non Discrimination Policy (5034 : Award Contract with California Panther Security to Provide Security Services
(2) Consultant agrees to post in conspicuous places in each of Consultant's facilities providing
services hereunder, available and open to employees and applicants for employment, notices
setting forth the provisions of this non-discrimination policy.
(3) Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital
status, AIDS or disability, in accordance with the requirements of City, State or Federal law.
(4) Consultant shall send to each labor union or representative coworkers with which it has a
collective bargaining agreement or other contract or understanding a notice advising the labor
union or workers' representative of Consultant's commitments under this non-discrimination
policy.
(5) Consultant certifies and agrees that it will deal with its sub-consultants, bidders, or vendors
without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation,
marital status, AIDS or disability, in accordance with the requirements of City, State and
Federal law.
(6) In accordance with applicable State and Federal law, Consultant shall allow duly authorized
representatives of the County, State, and Federal government access to its employment
records during regular business hours in order to verify compliance with this non-
discrimination policy. Consultant shall provide other information and records as the
representatives may require in order to verify compliance with this non-discrimination policy.
(7) If City finds that any of the provisions of this non-discrimination policy have been violated, the
same shall constitute a material breach of agreement upon which City may determine to
cancel, terminate, or suspend this Agreement. While City reserves the right to determine
independently that this nondiscrimination policy has been violated, in addition, a determination
by the California Fair Employment and Housing Commission or the Federal Equal
Employment Opportunity Commission that Consultant has violated State or Federal non-
discrimination laws shall constitute a finding by City that Consultant has violated the provisions
of this non-discrimination policy.
(8) The parties agree that in the event Consultant violates any of the non-discrimination policies
set forth herein, City shall be entitled, at its option, to the sum of five hundred dollars ($500)
pursuant to Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating
or suspending this Agreement.
(9) Consultant hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. 794), all requirements imposed by applicable Federal Regulations,
and all guidelines and interpretations issued pursuant thereto, to the end that no qualified
disabled person shall, on the basis of disability, be excluded from participation in, be denied
the benefits of, or otherwise be subjected to discrimination under any program or activity of
the Consultant receiving Federal Financial Assistance.
___________________________________ ____________________________________ 12/23/21 Moe Galal
3.D.c
Packet Pg. 566 Attachment: CA Panther Non Discrimination Policy (5034 : Award Contract with California Panther Security to Provide Security Services
Signature/Date Name of Proposer
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Packet Pg. 567 Attachment: CA Panther Non Discrimination Policy (5034 : Award Contract with California Panther Security to Provide Security Services
THIS COVID-19 ATTESTATION MUST BE EXECUTED &
SUBMITTED TO CITY AND MADE PART OF AGREEMENT NO. ______.
Contractor attests that all of Contractor’s personnel and subcontractors assigned to perform the Services who
will either visit or work in City of Santa Monica facilities, or interact with either City of Santa Monica employees
or residents, in the course of performing said Services shall be fully vaccinated as defined in the City’s COVID-
19 Vaccination Policy (“VP”), a copy of which is attached as Exhibit ___ to the Agreement under which
Contractor, Contractor’s personnel, and/or subcontractors will perform the Services.
Contractor further attests that such personnel and subcontractors have produced to Contractor one of
the forms of documentation set forth in the VP. Contractor shall maintain the underlying
documentation establishing that such personnel and subcontractors are fully vaccinated and supporting the
attestation for the term of the Agreement. Contractor agrees that Contractor will make such documentation
available to the City for inspection on demand. Contractor agrees that it will obtain written authorizations from
personnel and subcontractors prior to submitting the documentation to City.
Contractor further understands and agrees that failure to comply with the VP, or to permit the City to
inspect the documentation to verify compliance with the VP within 10 days after the City’s written request for
such documentation, shall constitute a breach of the Agreement and will be grounds for termination.
The undersigned, on behalf of himself or herself individually and on behalf of Contractor, hereby attests that
he or she has read and understands the VP and its applicability to the Agreement. The undersigned further
attests that he or she is authorized to execute this attestation on behalf of Contractor.
Prepared by: ____________________________Title: ________________________ Signature: ______________________________________
Date: _______________ Email: ____________________________________ Phone: ____________________
Moe Galal Vice President
12/23/21 wo@capanther.com (310)641-5555
3.D.d
Packet Pg. 568 Attachment: CA Panther COVID 19 Vaccine Policy Attestation (5034 : Award Contract with California Panther Security to Provide Security
1
Vernice Hankins
From:Cindy Pfeifer <cindy@pfeiferenterprises.com>
Sent:Monday, April 25, 2022 1:30 PM
To:councilmtgitems; David White; Ramon Batista; Douglas Woodhams; Maurice Cochee; Elana Buegoff
Cc:Nathan Smithson
Subject:Pier Lessees - 4/26 Item 3D
EXTERNAL
Good Afternoon Honorable Council Members,
The businesses of the Santa Monica Pier would like to again express our sincere appreciation to the Council Members,
City Staff and Public Safety Teams for creating the task force and working with the community to keep the Pier safe and
accessible for all.
We hope that you will continue that support by authorizing the City Manager to negotiate and extend the agreement
with A.G. Coast, Inc. as outlined in the City Staff Report.
Warm Regards,
Cindy Pfeifer
Santa Monica Pier Lessees Association
Cindy Pfeifer
Cell: 310.663.6019
Email: Cindy@PfeiferEnterprises.com
Item 3.D
04/26/22
1 of 1 Item 3.D
04/26/22
3.D.e
Packet Pg. 569 Attachment: Written Comment (5034 : Award Contract with California Panther Security to Provide Security Services Related to Pier Vending)