SR 05-23-2023 5I
City Council
Report
City Council Meeting: May 23, 2023
Agenda Item: 5.I
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To: Mayor and City Council
From: David Martin, Director, Code Enforcement
Subject: Approval of Fourth Modification to Contract with California Panther Security
for Pier Related Security
Recommended Action
Staff recommends that City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section
15061(b)(3) (Common Sense Exemption) of the California Environmental Quality
Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a fourth modification to
Agreement 11259 (CCS)[formerly #4865] in the amount of $327,969 with A.G.
Coast, Inc. d/b/a CA Panther, for security services on and around the Santa
Monica Pier for the Community Development Department. This would result in a
six-month amended agreement with a new total amount not to exceed
$1,059,969, future year funding contingent on Council budget approval.
Summary
The Pier Task Force was created to address concerns over safety, public health, and
the environment related to unpermitted vending. Based on the success of the Task
Force, now known as DaRT (Directed Action Response Team), Council directed staff to
continue the program through June 30, 2023. Contract security services provided by A.
G. Coast, Inc. (dba CA Panther) continue to be instrumental in assisting DaRT 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 December 31, 2023, while staff completes a Request for Proposal
process. This would ensure that DaRT has the contract security services needed to
continue to address unpermitted vending and its associated public safety, public health,
and environmental risks.
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Discussion
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 was executed on January 25,
2022, to modify the scope of work including days and work hours. In February 2022, the
City Council held a study session to discuss the issue of unpermitted vending on and
around the Pier and to consider the future of the Pier Task Force (now known as
DaRT). At that time, Council directed staff to extend security services at the Pier
through June 30, 2023. The contract has since been amended three times to fund this
extension and other technical modifications in services required to support DaRT.
On March 11, 2023, the Council held a workshop to select Council priorities and provide
direction on the Fiscal Year 2023-25 budget. Council affirmed the Priority of Addressing
Homelessness and Clean and Safe and allocations of Measure CS funds, including
continuation of DaRT beyond June 30, 2023. Therefore, staff is preparing a Request for
Proposal for security services on and around the Pier and will return to Council for
approval of a new five-year Contractual Services Agreement effective January 1, 2024.
In order to prevent a disruption of services, staff recommends that Council authorize a
fourth modification to Agreement 11259 with CA Panther to add one additional unarmed
security officer working a twelve-hour shift and extend the contract through December
31, 2023, in the amount of $327,969 for a new total not to exceed $1,059.969.
Past Council Actions
4/9/2019 Comprehensive Sidewalk Vending Program and Emergency
Ordinance
2/22/2022 Citywide Response to Sidewalk Vending Study Session
4/26/2022 Award Contract with CA Panther Security to Provide Security
Services Related to Pier Vending
3/11/2023 Council Workshop to Select Council Priorities and Provide Direction
on Fiscal year 2023-2025 Budget
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Environmental Review
This contract modification for additional security is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense
Exemption) of the CEQA Guidelines, which states that CEQA does not apply, where it
can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment. The provision of additional security
services on and around the Santa Monica Pier is an administrative program to ensure
public safety in the City and would not result in physical effects.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase
the amount of the agreement with A. G. Coast, Inc. (dba CA Panther) for security
services on and around the Santa Monica Pier. Future year funding is included in the
FY 2023-25 Proposed Biennial Budget and contingent on Council budget approval.
Contract Modification Request: A.G. Coast, Inc
Agreement # Current
Authorized
Amount
FY 2022-23
Request
Amount
Future
Years
Dept Account # Total Revised
Contract Amount
11259[formerly
4865]
$732,000 $56,392 $271,577 01700005.550010 $1,059,969
TOTAL $1,059,969
Prepared By: Cheryl Shavers, Senior Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. Original Agreement #4865 CA Panther
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B. First Modification of Agreement No. 4865
C. Second Modification to Agreement #11259
D. Third Modification to Agreement #11259
E. Oaks Initiative
F. Comprehensive Sidewalk Vending Program and Emergency Ordinance (Web
Link)
G. Citywide Response to Sidewalk Vending (Web Link)
H. Approval of Contract Modification CA Panther Security to Provide Security
Services Related to Pier Vending (Web Link)
I. 2023 Council Workshop to Select Council Priorities and Provide Direction on the
Fiscal Year 2023-2025 Budget (Web Link)
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Contract No. 4865 (CCS)
CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of January 6, 2022
(“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal
corporation (“City”), and A.G. Coast Corporation, a California corporation, d/b/a
California Panther Security (“CA Panther”), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of the City.
B. CA Panther is qualified to do business, and is doing business, in the State of
California. CA Panther represents it has the background, knowledge, experience and
expertise necessary to provide the services set forth in this Contract.
C. The City and CA Panther desire to enter into an agreement for the CA Panther to
provide contractual services to the City as set forth herein, upon the terms and
conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30,
2022, unless sooner terminated in accordance with Section 15.
2. CA Panther Services. CA Panther will perform all of the services (“Services”)
described in Exhibit A, Scope of Services. CA Panther will complete the Services in
accordance with Exhibit B, Budget.
3. City Services. The City agrees to:
3.1 Make available to CA Panther any currently existing documents, data or
information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly examine and render findings on all documents submitted for staff
review by CA Panther.
4. Compensation. The City will compensate CA Panther for the Services performed in
an amount not to exceed $250,000.00, as set forth in Exhibit B.
5. Invoices. CA Panther will invoice the City for the Services in accordance with Exhibit
B and the City will pay any undisputed amount within 30 days of receipt.
6. Notices. All notices, demands, requests or approvals to be given under this
Agreement, must be in writing and will be deemed served when delivered personally,
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by email, or on the third business day after deposit in the United States mail, postage
prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
Code Enforcement
City of Santa Monica
1685 Main Street, Room 111
Santa Monica, California 90401
Attention: Sharon Guidry
Re: Contract No. <Number>
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. <Number>
6.2 All notices, demands, requests or approvals to CA Panther:
CA Panther
5777 West Century Blvd, #1601
Los Angeles, CA 90045
Attention: Delia Rosales or Akin Peters
(310) 641-5555
Re: Contract No. <Number>
7. Relationship Of The Parties/Independent Contractor.
7.1 CA Panther enters into this Agreement as, and shall continue to be, an
independent contractor for purposes of federal, state, and local laws,
including but not limited to, the California Labor Code, California
Unemployment Insurance Code, and wage orders of the Industrial Welfare
Commission. Under no circumstances shall CA Panther or CA Panther’s
employees, subcontractors, volunteers, agents, or representatives look to City
as his/her/its employer, or as a partner, agent, or principal. CA Panther and
CA Panther’s employees, subcontractors, volunteers, agents, or
representatives shall not be entitled to any City paid benefits accorded to City
employees including workers’ compensation, disability insurance, vacation or
sick pay.
7.2 CA Panther shall pay, when and as due, any and all taxes incurred as a result
of CA Panther’s compensation, including estimated taxes, and shall provide
City with proof of payment on demand.
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7.3 CA Panther agrees to indemnify, defend, and hold harmless City for any
claims, losses, costs, fees, liabilities, damages or injuries suffered by City
arising out of CA Panther’s breach of this Section.
8. CA Panther’s Representations.
8.1 CA Panther represents that CA Panther and all of CA Panther’s employees,
subcontractors, volunteers, agents, and representatives who will provide the
Services, possess the qualifications and ability to perform the Services in a
professional manner, without the advice, control, direction, or supervision of
City. Performance of the Services in a professional manner includes meeting
the requirements of the program under which CA Panther is obligated to
provide Services, and failure to do so shall constitute a material breach of this
Agreement.
8.2 CA Panther represents that it has all the training and special skills necessary
to provide the Services. CA Panther understands that it shall be solely
responsible for the professional performance of the Services, and shall receive
no assistance, direction, or control from City. CA Panther shall have sole
discretion and control of CA Panther’s Services and the manner in which
they are performed.
8.3 CA Panther represents that it maintains a business location that is separate
from the location(s) where CA Panther will provide Services.
8.4 CA Panther represents that CA Panther is engaged in an independently
established business of the same nature as that involved in the Services that
CA Panther will perform under this Agreement.
8.5 CA Panther represents that CA Panther advertises and holds itself out to the
public as available to perform, does perform for others, and maintains its
own clientele for the same or similar services as the Services that CA Panther
will perform under this Agreement.
9. Integrated Contract. This Agreement represents the full and complete understanding
of every kind or nature whatsoever between the parties. Any preliminary negotiations
and agreements of any kind or nature are merged into this Agreement. No oral
agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and CA
Panther, and approved as to form by the City Attorney.
10. Insurance. Prior to commencing work, CA Panther must procure, maintain and pay
for insurance against claims for injuries to persons or damage to property that may
arise from or in connection with the performance of the Services by CA Panther or
CA Panther’s agents, representatives, employees or subconsultants for the duration of
this Agreement. CA Panther must obtain insurance that, at a minimum, meets the
requirements for insurance set forth in Exhibit C, Insurance Requirements and
Verifications.
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11. Defense and Indemnification.
11.1 CA Panther agrees to defend, indemnify, protect, and hold harmless the City, its
agents, officers, boards and commissions, and employees (collectively, “City”)
from and against any and all liability, claims, demands, damages, or costs,
including but not limited to attorney’s fees, or payments for injury to any person
or property (collectively, “Losses”) caused or claimed to be caused by the act,
errors, and/or omissions of CA Panther, or CA Panther’s employees, agents,
officers, and subconsultants. CA Panther’s responsibilities under this Section
11.1 include liability arising from, connected with, caused by, or claimed to be
caused by the active or passive negligent acts or omissions of the City, which may
be in combination with the acts or omissions of CA Panther, its employees,
agents or officers, or subconsultants; provided, however, that CA Panther’s duty
to defend, indemnify, protect and hold harmless shall not include any Losses
arising from the sole negligence or willful misconduct of the City.
Notwithstanding CA Panther’s obligation to defend City hereunder, City has
the right to conduct its own defense and seek reimbursement for reasonable
costs of defense from CA Panther, if City chooses to do so.
11.2 Enforcement Costs. CA Panther agrees to pay any and all costs the City incurs
enforcing the indemnity, defense and hold harmless provisions set forth in
Section 11.1.
12. Prohibition Against Transfers.
12.1 CA Panther may not assign, hypothecate, or transfer this Agreement or any
interest therein directly or indirectly, by operation of law or otherwise without
the prior written consent of City. Any attempt to do so without the City’s
consent will be null and void, and any assignee, hypothecatee or transferee
acquires no right or interest by reason of such attempted assignment,
hypothecation or transfer.
12.2 The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of CA Panther or of any general partner or joint
venturer or syndicate member of CA Panther, if a partnership or joint venture or
syndicate exists, which results in changing the control of CA Panther, will be
construed as an assignment of this Agreement. Control means 50% or more of
the voting power of the corporation.
13. Permits and Licenses. CA Panther, at its sole expense, must obtain and maintain
during the term of this Agreement all required business and professional permits,
licenses and certificates.
14. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any
subsequent breach of the same or any other term, covenant, or condition of this
Agreement.
15. Default and Termination.
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15.1 If CA Panther fails or refuses to perform any of the provisions of this
Agreement, and if the default is not cured within a period of five days after the
City’s written notice of default specifying the nature of the default, City may
immediately terminate this Agreement by written notice to CA Panther.
15.2 The City has the option, at its sole discretion and without cause, of terminating
this Agreement by giving ten days’ written notice to CA Panther. Upon
termination of this Agreement, City will pay CA Panther any compensation
earned and unpaid up to the effective date of termination.
16. Compliance with Law. CA Panther must comply with all laws of the State of
California and the United States, and all ordinances, rules and regulations enacted or
issued by City.
17. Discrimination. CA Panther may not discriminate in the provision of services
hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual
orientation, marital status, AIDS or disability.
18. Nuisance. CA Panther may not maintain, commit, or permit the maintenance or
commission of any nuisance in connection with the performance of services under
this Agreement.
19. Records.
19.1 CA Panther must maintain complete and accurate records with respect to costs,
expenses, receipts and other such information required by the City for any
services provided where compensation is on the basis of hourly rates,
subconsultant costs, or other direct costs. CA Panther must keep the records,
together with supporting documents, separate from other documents and
records and maintain them for a period of three years after receipt of final
payment.
19.2 CA Panther must maintain records in sufficient detail to permit an evaluation of
the Services and in accordance with generally accepted accounting principles.
CA Panther must clearly identify all records and make them readily accessible to
the City. At the City’s request, CA Panther must provide records in an
electronic format and, if necessary, access to any proprietary software to view
such electronic records.
19.3 CA Panther must allow the City to have free access to CA Panther’s books and
records and to inspect all work, data, documents, proceedings and activities
related to this Agreement. The City has the right to examine or audit CA
Panther’s records, and CA Panther agrees to cooperate with any examination or
audit of its records. If a City audit discloses an error of 5% or more in
information reported by CA Panther, CA Panther agrees to pay the cost of the
City’s audit computed on the basis of four times the direct payroll of the audit
staff completing the audit and audit report.
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20. Work Product; Reports.
20.1 Any work product prepared or caused to be prepared by CA Panther or any
subconsultant for this Agreement will be the exclusive property of City. No work
product given to or prepared by CA Panther or any subconsultant pursuant to
this Agreement may be made available to any individual or organization by CA
Panther without prior written approval by City.
20.2 At the City’s request, CA Panther must furnish reports concerning the status of
the Services.
21. Standard of Care. CA Panther agrees to provide all Services, including services
performed by any subconsultant, in a manner consistent with the level of care and
skill ordinarily exercised by members of CA Panther’s profession currently practicing
in the same locality under similar conditions.
22. Subconsultants.
22.1 If CA Panther proposes to have any subconsultant perform any part of the
Services, CA Panther must submit a request for approval in writing, describing
the scope of work to be subcontracted, the name of the proposed subconsultant,
and the total price or hourly rates used in preparing an estimated cost for the
subconsultant’s services. The City, in its sole discretion, may grant or deny the
request.
22.2 CA Panther will be responsible for the quality of any subconsultant’s work.
Every subcontract or agreement of any kind entered into between CA Panther
and any subconsultant (or between any subconsultant and others) must contain
the following provision:
This agreement is consistent with all terms and conditions of
the Agreement No. 4865 (CCS) entered into between the City
of Santa Monica and CA Panther on^^January 6, 2022.
23. COVID-19 Vaccinations. CA Panther agrees that all personnel assigned to perform
the Services who will either visit or work in City facilities or interact with either City
employees or City residents in the course of performing said Services shall be fully
vaccinated, as defined in the City’s COVID-19 Vaccination Policy, a copy of which is
attached as Exhibit D and incorporated herein by reference. CA Panther shall provide
the City with an attestation that CA Panther has confirmed the personnel assigned to
perform the Services are fully vaccinated and that such personnel have produced to
CA Panther one of the forms of documentation set forth in the City’s COVID-19
Vaccination Policy. CA Panther shall maintain the underlying documentation
establishing that the personnel are fully vaccinated and supporting the attestation for
the term of this Agreement. CA Panther shall make such documentation available to
the City for inspection on demand. CA Panther’s failure to comply with the City’s
COVID-19 Vaccination Policy or to permit the City to inspect the documentation to
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verify compliance with the City’s COVID-19 Vaccination Policy within 10 days after
the City’s written request for such documentation shall constitute a breach of this
Agreement.
24. Governing Law. The laws of the State of California, without regard to any choice of
law provisions, will govern this Agreement.
25. Venue and Jurisdiction. The City and CA Panther agree that the Services will take
place in Los Angeles County. Any litigation arising out of this Agreement may only be
brought in either the United States District Court, Central District of California, or
the Superior Court of California, County of Los Angeles, West District, as
appropriate. The parties agree that venue exists in either court, and each party
expressly waives any right to transfer to another venue. The parties further agree that
either court will have personal jurisdiction over the parties to this Agreement.
26. Survival of Provisions and Obligations. Any provision of this Agreement, which by its
nature must be exercised after termination of this Agreement, will survive termination
and remain effective for a reasonable time. Any obligation that accrued prior to
termination of this Agreement will survive termination of this Agreement.
27. Exhibits. The following exhibits are incorporated by reference into this Contract as
though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
Exhibit D COVID Vaccination Policy
In witness whereof, the parties have caused this Agreement to be executed the day and
year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
JOSEPH LAWRENCE
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
DAVID WHITE
City Manager
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Joseph Lawrence
1/7/2022
Interim City Attorney
City Manager
1/7/2022
David White
1/10/2022
Denise Anderson-Warren
City Clerk
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Interim City Attorney
A.G. Coast Corporation, a California
corporation, d/b/a California Panther
Security
By: ________________________________
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Vice President
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Exhibit A
Scope of Services
1. The City requires the services of seven (7) unarmed security officers and one (1)
supervisor (collectively referred to herein as “security officers”) to work two shifts as set
forth in Paragraph 7 below to secure and monitor points of entry onto the Santa
Monica Pier by being stationed at one or more ingress post(s) on the Pier as identified
by the City to (1) prevent sidewalk vendors, as defined by Santa Monica Municipal
Code section 6.36.020, from gaining entry to the Pier and (2) report any other
unusual activity on the Pier.
1.1 The security officers will cooperate with the City’s Code Enforcement Officers,
the Santa Monica Police Department, and any other law enforcement agencies
that have authority to act on the Pier. Such cooperation includes filing reports
of incidents and calling in Code Enforcement or the Santa Monica Police
Department for incidents or events requiring assistance from or intervention by
a code or law enforcement officer.
1.2 The Services will be performed in a professional manner and in a manner that is
courteous and polite to the public to the extent possible under the
circumstances.
1.3 As to the sidewalk vendors, the security officers will inform the sidewalk vendors
that they are not allowed to gain entry to the Pier. If the sidewalk vendors
continue onto the Pier, the security officers will report the entry to either the
City’s Code Enforcement Officers or the Santa Monica Police Department.
1.4 If the security officers observe other usual activity on the Pier, the security
officers will report such activity to either the City’s Code Enforcement Officers
or the Santa Monica Police Department.
2. CA Panther will provide the security officers, at its own expense, with all equipment
necessary for the security officers to perform the Services; except, however, the City
may issue 2-way radios, which are proprietary to the City and are necessary to perform
the Services, to the security officers.
3. CA Panther shall commence providing the Services no later than 21 days after the
Execution Date, which will provide CA Panther sufficient time to retain the necessary
security officers. CA Panther shall maintain a sufficient pool of security officers that
meet the requirements set forth in Paragraph 4 such that if, for any reason, the
scheduled security officer does not report for duty or must be replaced, CA Panther
can provide a replacement security officer within two hours after notification of the
need for a replacement.
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4. The security officers assigned to perform the Services shall be competent, qualified,
properly trained and licensed to perform all duties or tasks associated with the Services
in a manner consistent with the highest industry practices and standards, and
proficient in the English language. Prior to assigning the security officer to perform
the Services, CA Panther will perform a thorough background check on all security
officers and shall not assign any security officers to perform the Services if any
information disclosed in such background check reveals a criminal conviction or
otherwise indicates that such person, in any way, might not perform the Services in
accordance with the standards applicable under this Agreement.
5. In addition to the requirements set forth in Paragraph 4, the supervisor assigned to
perform the Services must possess a minimum of seven years of prior law enforcement
experience and at least one year of such experience in a supervisory capacity . The
supervisor will be on site to perform the Services. The duties of the supervisor include
overseeing the performance of the Services, scheduling of security officers to work
according to the shifts described in Paragraph 7 below, coordinating lunch and other
breaks of security officers to ensure maximum coverage on ingress points is
maintained, ensuring that security officers do not vacate their assigned ingress point
unless relieved by the supervisor or the next shift, , ensuring that the security officers
do not engage in personal activities (such as, but not limited to, texting, personal
phone calls, reading magazines, visiting with friends, family, or acquaintances, etc.)
while performing the Service; ensuring security officers are complying with the
Services , and providing any reports the City may require from time to time.
6. No security officer will be armed with firearms or other lethal weapons.
7. CA Panther will staff security officers to work two shifts on Saturday and Sunday as
follows:
7.1 Shift 1 between 8:00 a.m. to 4:30 p.m.: Seven (7) unarmed security officers and
one (1) supervisor; and
7.2 Shift 2 between 2:00 p.m. to 10:30 p.m.: Seven (7) unarmed security officers and
one (1) supervisor.
8. In addition to the shifts described in Paragraph 7 above, on each day between
Monday, February 7, 2022 and Friday, February 11, 2022, CA Panther will staff
security officers to work the following shifts:
8.1 Shift 1 between 8:00 a.m. to 4:30 p.m.: Seven (7) unarmed security officers and
one (1) supervisor; and
8.2 Shift 2 between 2:00 p.m. to 10:30 p.m.: Seven (7) unarmed security officers and
one (1) supervisor.
9. CA Panther shall ensure that the security officers report for their shifts at the time and
place specified in these Services.
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10. The regular, overtime, and holiday hourly rates for the Services are set forth in Exhibit
B. The overtime rates shall apply if a security officer works more than 8 hours a day.
Holiday hourly rates shall apply to the following federal holidays: New Year’s D ay,
Martin Luther King Day, Washington’s Birthday, Memorial Day, Juneteenth
Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day, and Christmas Day.
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Exhibit B
Budget
CA Panther will provide security officers to perform the Services, as set forth in Exhibit A.
CA Panther will invoice and the City shall pay CA Panther for the hours worked by the
security officers at the following hourly rates
Position Regular
Hourly Rate
Holiday and
Overtime Hourly Rate
Unarmed Security Officer $27.00 $40.50 Unarmed Security Supervisor $29.00 $43.50
The foregoing rates are effective from the Execution Date through June 30, 2022. The
total payment for the Services shall not exceed $250,000.00
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Exhibit C
Insurance Requirements
CA Panther shall procure and maintain for the duration of the Agreement insurance
against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by CA Panther, its agents,
representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed
operations, property damage, bodily injury and personal and advertising injury,
with limits of no less than $1,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (Insurance Services Office Form CG 25 04) or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1
(any auto), or if CA Panther has no owned autos, Code 8 (hired) and Code 9
(non-owned), with limits of no less than $1,000,000 per accident for bodily injury
and property damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the
State of California, with Statutory Limits and Employers’ Liability Insurance with
limits of no less than $1,000,000 per accident for bodily injury or disease (see
footnote #1).
If CA Panther maintains broader coverage or higher limits than the minimums shown
above, the City of Santa Monica requires and shall be entitled to the broader coverage or
higher limits maintained by CA Panther. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to the City of Santa
Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following
provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials,
employees and volunteers are to be covered as additional insureds on the CGL
policy with respect to liability arising out of work or operations performed by
or on behalf of CA Panther including materials, parts, or equipment
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Packet Pg. 481 Attachment: Original Agreement #4865 CA Panther (5732 : 4th Modification to Contract with California Panther Security for Pier Related
furnished in connection with such work or operations. CGL coverage can be
provided in the form of an endorsement to CA Panther’s insurance (at least as
broad as Insurance Services Office Form CG 20 10 11 85, or if not available,
through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38
and CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, CA Panther’s
insurance shall be primary coverage as least as broad as Insurance Services
Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers,
officials, employees and volunteers. Any insurance or self-insurance
maintained by the City of Santa Monica, its officers, officials, employees or
volunteers shall be in excess of CA Panther’s insurance and shall not
contribute with it.
c. Notice of Cancellation: Each insurance policy required herein shall state that
coverage shall not be cancelled except after notice has been given to the City
of Santa Monica.
d. Waiver of Subrogation: CA Panther hereby grants to the City of Santa
Monica a waiver of any right of subrogation which any insurer of said CA
Panther may acquire against the City of Santa Monica by virtue of payment of
any loss. CA Panther agrees to obtain any endorsement that may be necessary
to affect this waiver of subrogation, but this provision applies regardless of
whether or not the City of Santa Monica has received a waiver of subrogation
endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in
favor of the City of Santa Monica for all work performed by CA Panther, its employees,
agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica.
The City of Santa Monica may require CA Panther to purchase coverage with a lower
retention or provide satisfactory proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention. The policy language
shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by
either the name insured or the City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a
current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of
Santa Monica.
Verification of Coverage
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Packet Pg. 482 Attachment: Original Agreement #4865 CA Panther (5732 : 4th Modification to Contract with California Panther Security for Pier Related
CA Panther shall furnish the City of Santa Monica with original certificates and
amendatory endorsements (or copies of the applicable policy language effecting coverage
provided by this clause). All certificates and endorsements are to be received and approved
by the City of Santa Monica before work commences. However, failure to obtain required
documents prior to the work beginning shall not waive CA Panther’s obligation to
provide them. The City of Santa Monica reserves the right to require complete, certified
copies of all required insurance policies, including the endorsements required herein, at
any time.
Failure to Maintain Insurance Coverage
If CA Panther, for any reason, fails to maintain insurance coverage which is required
pursuant to this Agreement, the same shall be deemed a material breach of contract. The
City of Santa Monica, at its sole option, may terminate this Agreement and obtain
damages from CA Panther resulting from said breach.
Subcontractors
CA Panther shall require and verify that all subcontractors maintain insurance meeting all
the requirements stated herein. All exceptions must be approved in writing by the Risk
Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if CA Panther does
not have employees. CA Panther must, however, execute the City’s Workers’
Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB
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Packet Pg. 483 Attachment: Original Agreement #4865 CA Panther (5732 : 4th Modification to Contract with California Panther Security for Pier Related
Exhibit D
COVID Vaccination Policy
COVID-19 VACCINATION POLICY
1. Purpose
COVID-19 VACCINATION POLICY
The purpose of this policy is to provide City employees with a safe work environment and
to protect the health and safety of both City employees and the public we serve, during
the ongoing local emergency occasioned by the threat to public health and safety posed by
COVID-19. To achieve that purpose, the City is requiring that City employees, volunteers
(including interns or externs), members of City Boards, Commissions, and Task Forces,
and certain contractors be vaccinated for COVID-19.
2. Preamble
The City Manager first declared a state of local emergency on March 13, 2020. Since
then, the City Council has ratified the declaration of a local emergency on multiple
occasions, the most recent of which was July 13, 2021.
In addition, the states of emergency declared at the county, state, and national level
because of COVID-19 all remain in place.
Over the course of the emergency, the Los Angeles County Department of Public Health
has issued a series of health orders imposing risk reduction measures to address the
COVID-19 emergency. The most recent, issued August 16, 2021, recognizes, among other
things:
• Since June 15, 2021, when many restrictions imposed by the state and County
were lifted, “community transmission of COVID-19 in Los Angeles County has
rapidly increased from Low to High.”
• COVID-19 daily cases are now increasing; on August 13, 2021 alone, Los Angeles
County reported 3,810 new cases. As of August 6, 2021, Los Angeles County is
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Packet Pg. 484 Attachment: Original Agreement #4865 CA Panther (5732 : 4th Modification to Contract with California Panther Security for Pier Related
also reporting a 7-day daily average case rate of 29.1 cases per 100,000 people,
without a 7-day lag. The test positivity rate and number of hospitalizations have
also dramatically increased. This indicates a continued and high risk of COVID-
19 infection for the unvaccinated. This also means that community transmission
of COVID-19 within Los Angeles County is highly likely to increase during the
coming days and weeks.
• Currently, the Delta variant is predominant in Los Angeles County. The Delta
variant is two times more contagious than earlier COVID-19 variants and
continues to lead to increased infections.
• At this time, the current COVID-19 vaccines (the Moderna two-dose and Johnson
& Johnson single-dose vaccines approved under the Food and Drug
Administration’s (“FDA”) Emergency Use Authorization (“EUA”) approval
process and the Pfizer- BioNTech two-dose vaccine approved under the FDA’s
Biologics License Application (i.e., general use) (“BLA”) approval process) are
effective at helping to reduce the risk of getting and spreading the infection and
also of getting seriously ill, even if a fully vaccinated person gets COVID -19, and
even against the current variants of the virus that causes COVID-19. Although no
vaccine is 100% effective at preventing illness in vaccinated people, the currently
authorized COVID-19 vaccines remain the best form of protection against
COVID-19.
On August 12, 2021, the Los Angeles County Department of Public Health issued a
health order requiring vaccination of health case workers. This order recognizes, among
other things:
• The spread of COVID-19 remains a substantial danger to the public.
• The Delta variant has become the dominant strain of COVID-19 virus in the
County and is much more contagious that previous strains of COVID-19.
• Vaccination against COVID-19 is the most effective means of preventing infection
with the COVID-19 virus, with the risk of infection reduced by 70% to 95%.
Vaccination also appears to reduce the chance of transmission by an infected
vaccinated person by 40% to 60%.
• Unvaccinated persons are more likely to get infected and spread the virus. Over
90% of current hospitalizations and deaths are among unvaccinated persons.
Since July 30, 2021, COVID-19 cases and hospitalizations in Los Angeles County have
continued to increase. For a recent reporting period, the weekly case average was 3,455 (a
58.6% increase over the last reporting period) and the number of hospitalizations was
1,503 (a 68.6% increase).
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Packet Pg. 485 Attachment: Original Agreement #4865 CA Panther (5732 : 4th Modification to Contract with California Panther Security for Pier Related
In response to the continuing rapid increase in COVID-19 transmission, including that
due to the Delta variant, many public employers have adopted mandatory vaccination
policies. Among the local public employers implementing such policies are: Los Angeles
County, which requires all County employees to be vaccinated by October 1, 2021; the
University of California and the California State University systems, both of which
require all employees and students to be fully vaccinated; and the City of Pasadena, which
is requiring all city employees to be fully vaccinated by no later than September 17, 2021.
Furthermore, on August 12, 2021, the Los Angeles County Department of Public Health
issued an order requiring health care workers, including doctors and medical assistants,
dentists and dental assistants, pharmacists, EMTS, EMT-paramedics, and home health
aides to be fully vaccinated by September 30, 2021.
A continued increase in the vaccination rate is paramount to stem the continuing rapid
increase in COVID-19 transmission. Currently authorized vaccines have proven effective
at preventing severe outcomes from the virus causing COVID-19, including the Delta
variant. COVID-19 vaccines are free, safe, and widely available. Getting vaccinated is one
of the most important ways to help stop COVID-19 spread.
Currently, approximately 88% of Santa Monicans 12-17 years of age and 81% of Santa
Monicans 16 years of age or older are vaccinated. The percentage of City employees who
are vaccinated falls well below this, with only approximately 60% of employees having self -
reported vaccination, and only approximately 36% having submitted documentation of
vaccination.
3. Vaccination Requirement
To ensure that the City fulfills its primary function of protecting the health and safety of
the Santa Monica community, while also meeting its obligation to provide a safe and
healthy workplace for employees, all Covered Persons must: (a) receive at least one dose of
a COVID-19 vaccine, or request an exemption, no later than September 17, 2021; and (b)
in the absence of an exemption, be fully vaccinated for COVID-19 by no later than
October 29, 2021.
4. Reporting Vaccination Status and Documentation
a) All Covered Persons must report their vaccination status no later than
5:00 p.m. on September 17, 2021. Covered persons must use the process
and form designated by the City for this purpose, and include supporting
documentation proving their vaccination status. Covered Persons will
certify that they are:
i. Fully vaccinated for COVID-19 (no request for exemption
required)
ii. Partially vaccinated for COVID-19 (no request for exemption
required)
iii. Unvaccinated for COVID-19 (request an exemption due to
medical/disability or sincerely held religious belief, practice, or
observance)
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Packet Pg. 486 Attachment: Original Agreement #4865 CA Panther (5732 : 4th Modification to Contract with California Panther Security for Pier Related
Covered Persons will certify that the information they provide regarding vaccination status
is true and accurate.
b) All Covered Persons who certified that they were partially vaccinated for
COVID-19 as of September 17, 2021, must certify that they are fully vaccinated
for COVID-19 by no later than 5:00 pm on October 29, 2021.
c) All Covered Persons who requested but were denied an exemption, must
certify that they are fully vaccinated for COVID-19 by no later than 5:00 pm
on October 29, 2021, or such later date as may be specified in the denial of the
exemption.
d) Covered Persons are required to provide the City with proof of vaccination
status within the relevant time frames set forth above. Proof of vaccination
status may include any of the following documents:
i. A screen shot of the digital vaccination record, which is available
free and instantly from the state of California, https://
myvaccinerecord.cdph.ca.gov/
ii. A photo of the CDC COVID-19 vaccination record card
iii. Documentation by the employee's Health Care provider
5. Requests for Exemptions
The City will review requests for medical/disability and religious exemptions on a case -by-
case basis consistent with procedures for reasonable accommodation requests.
a) Medical/Disability Exemption: Covered Persons with a medical condition,
disability, or other medical restriction that affects their ability to safely receive
a COVID-19 vaccine, as verified by their Health Care provider, may request a
reasonable accommodation to be exempted from this vaccination
requirement.
Requests for medical/disability exemption must be submitted to the Human
Resources Department using a process and form designated by the City no
later than September 17, 2021 at 5:00 p.m. Covered Persons requesting a
medical/disability exemption will be required to obtain a completed
Certification from their Health Care Provider on a form to be provided by the
City.
b) Requests for Religious Exemption: Covered Persons with a sincerely held
religious belief, practice, or observance that prohibits them from receiving a
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB
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Packet Pg. 487 Attachment: Original Agreement #4865 CA Panther (5732 : 4th Modification to Contract with California Panther Security for Pier Related
vaccine may request a reasonable accommodation to be exempted from this
vaccination requirement.
Requests for religious exemption must be submitted to the Human Resources
Department using a process and form designated by the City no later than
5:00 p.m. on September 17, 2021. If the City possesses an objective basis for
questioning the nature or sincerity of the religious belief, practice, or
observance, the City may request that the Covered Person produce additional
information to support their request for exemption.
6. Confidentiality of Vaccination Status and Records
The City will maintain the confidentiality of documentation and information regarding a
Covered Person’s vaccination status and any request for exemption. The City will limit
access to such documentation and information to those employed or retained by the City,
such as the City’s Human Resources staff and individual employees’ immediate
supervisors, with a need to know as provided by the American with Disabilities Act, the
Confidentiality of Medical Information Act, California Civil Code section 56.20 (c), and
other applicable local, state, or federal laws.
7. Definitions
a) “Covered Persons”: Covered Persons are all City employees and volunteers
(including interns or externs); all members of City Boards, Commissions,
and Task Forces; and all contractors with whom the City, after the effective
date of this policy, enters into contracts that will require them to visit or work
in City facilities or interact with City residents or employees,
b) COVID-19 Vaccine: A COVID-19 vaccine satisfies the requirement of this
policy if the FDA has approved the vaccine’s use under either the EUA or
BLA approval processes. Vaccines that currently meet this requirement
include Moderna or Pfizer- BioNTech (two-dose COVID-19 vaccine series)
and Johnson & Johnson/Janssen (a single-dose COVID-19 vaccine).
c) "Fully Vaccinated": A Covered Person is fully vaccinated if 14 days or more
have passed from the date the Covered Person received the final dose of a two-
dose COVID-19 vaccine series (Moderna or Pfizer- BioNTech) or a single-dose
COVID-19 vaccine (Johnson & Johnson/Janssen). This definition may be
expanded should booster shots for the COVID-19 vaccines be required in
accordance with guidance provided by the U.S. Centers for Disease Control
(CDC), FDA, California Department of Public Health, or Los Angeles County
Department of Public Health.
d) "Partially Vaccinated": A Covered Person is partially vaccinated if they have
received at least one dose of a COVID-19 vaccine but do not meet the
definition of fully vaccinated.
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Packet Pg. 488 Attachment: Original Agreement #4865 CA Panther (5732 : 4th Modification to Contract with California Panther Security for Pier Related
e) "Unvaccinated": A Covered Person is unvaccinated if they have not received
any doses of COVID-19 vaccine or if their vaccination status is unknown.
8-23-21
John Jalili Date
Interim City Manager
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Packet Pg. 489 Attachment: Original Agreement #4865 CA Panther (5732 : 4th Modification to Contract with California Panther Security for Pier Related
1
FIRST MODIFICATION OF AGREEMENT NO. 4865 (CCS)
This First Modification of Agreement Number 4865 (CCS) (“First Modification”),
entered into as of (“Execution Date”), by and between the City of Santa
Monica, a municipal corporation (“City”), and A.G. Coast Corporation, a California
corporation, d/b/a California Panther Security (“CA Panther”) is made with reference
to the following:
RECITALS
A. On or about January 6, 2022, the City and CA Panther entered into Agreement
Number 4865 (CCS) (“Original Agreement”) for the services of unarmed security
officers to secure and monitor points of entry onto the Santa Monica Pier.
B. City and CA Panther desire to modify the Original Agreement to include
additional services to be performed by CA Panther.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the
Original Agreement as follows:
1. Paragraph 7 of Exhibit A, Scope of Services, of the Original Agreement shall be
deleted in its entirety and replaced with the following paragraph:
7. The work shifts shall be as follows:
7.1. CA Panther will staff security officers to work two shifts on
Friday, Saturday, and Sunday as follows:
7.1.1. Shift 1 between 8:00 a.m. to 4:30 p.m.: Seven (7)
unarmed security officers and one (1) supervisor; and
7.1.2. Shift 2 between 2:00 p.m. to 10:30 p.m.: Seven (7)
unarmed security officers and one (1) supervisor.
7.2. In addition to the shifts described in Paragraph 7.1 above, on
each day between Monday, February 7, 2022, and Thursday,
February 10, 2022, CA Panther will staff security officers to
work the following shifts:
7.2.1. Shift 1 between 8:00 a.m. to 4:30 p.m.: Seven (7)
unarmed security officers and one (1) supervisor; and
7.2.2. Shift 2 between 2:00 p.m. to 10:30 p.m.: Seven (7)
unarmed security officers and one (1) supervisor.
DocuSign Envelope ID: 63BA8256-A866-4B34-8103-470C5C80DBBF
1/25/2022
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2
7.3. With seven (7) days’ prior written notice to CA Panther, the
City may modify the work shifts set forth in Paragraphs 7.1 and
7.2, including the days on which Services are to be provided
and the time shifts commence or end. Unless agreed to in
writing by both parties, however, the City may not reduce the
work shifts in Paragraph 7.1. to less than two work shifts of 8.5
hours each for a two-day period.
2. Paragraph 8 of Exhibit A, Scope of Services, of the Original Agreement shall be
deleted in its entirety and replaced with the following paragraph:
8. With seven (7) days’ prior written notice to CA Panther, the City may
increase the number of unarmed security officers that are required to
perform the work shifts set forth in Paragraph 7.
3. Except as expressly modified by this First Modification, all other terms and
conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the
date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
JOSEPH LAWRENCE
Interim City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
DAVID WHITE
City Manager
A.G. Coast Corporation, a California
corporation, d/b/a California Panther
Security
By: _______________________________
DocuSign Envelope ID: 63BA8256-A866-4B34-8103-470C5C80DBBF
Joseph Lawrence
Interim City Attorney
1/21/2022
Vice President
1/25/2022
David White
City Manager
Denise Anderson-Warren
City Clerk
1/25/2022
5.I.b
Packet Pg. 491 Attachment: First Modification of Agreement No. 4865 (5732 : 4th Modification to Contract with California Panther Security for Pier Related
1
SECOND MODIFICATION OF AGREEMENT NO. 4865 (CCS)
This Second Modification of Agreement Number 4865 (CCS) (“Second
Modification”), entered into as of ____________________, by and between the City
of Santa Monica, a municipal corporation (“City”), and A.G. Coast Corporation, a
California corporation, d/b/a California Panther Security (“CA Panther”) is made
with reference to the following:
RECITALS
A. On or about January 6, 2022, the City and CA Panther entered into Agreement
Number 4865 (CCS) (“Original Agreement”) for the services of unarmed security
officers to secure and monitor points of entry onto the Santa Monica Pier.
B. On or about January 25, 2022, the City and CA Panther entered into the First
Modification of Agreement Number 4865 (CCS) (“First Modification”) to include
additional services to be performed by CA Panther. The Original Agreement and
First Modification may be referred to collectively herein as “the Agreement.”
C. City and CA Panther desire to modify the Agreement to extend the term, increase
the total compensation, and modify the services to be performed by CA Panther,
as set forth herein.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the
Original Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its
entirety and replaced with the following:
Term. This agreement begins on the Execution Date and terminates on June
30, 2023, unless sooner terminated in accordance with Section 15 or extended
by the parties in writing.
2. Section 4 of the Original Agreement entitled “Compensation” shall be deleted in
its entirety and replaced with the following:
Compensation. The City will compensate CA Panther for the Services
performed in an amount not to exceed $732,000.00, as set forth in Exhibit B.
3. The second paragraph of Exhibit B, Budget, commencing with “The foregoing
rates…”, shall be deleted in its entirety and replaced with the following paragraph:
The foregoing rates are effective from the Execution Date through June 30,
2023. The total payment for the Services shall not exceed $732,000.00.
DocuSign Envelope ID: C362FF26-22C9-4D5B-8FD1-F13C31AEBACF
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4. Paragraph 7 of Exhibit A, Scope of Services, of the Original Agreement, as
modified by Section 1 of the First Modification, shall be deleted in its entirety and
replaced with the following paragraph:
7. CA Panther will staff security officers to work one (1) shift on Fridays,
Saturdays, and Sundays as follows:
7.1. Between 9:30 a.m. to 10:30 p.m.: Seven (7) unarmed security
officers and one (1) supervisor.
7.2. The eight (8) hours of each such shift will be at regular pay,
there will be one (1) hour unpaid lunch break, and the
remaining four (4) hours of each shift will be at overtime pay.
5. Paragraph 8 of Exhibit A, Scope of Services, of the Original Agreement, as
modified by Section 2 of the First Modification, shall be deleted in its entirety and
replaced with the following paragraph:
8. With seven (7) days’ prior written notice to CA Panther, the City may
modify the work shifts set forth in Paragraph 7, including the days on
which Services are to be provided and the time shifts commence or
end.
6. Execution in Counterparts. This Second Modification may be executed in
counterparts with the same effect as if both parties hereto had executed the same
document. All counterparts shall be construed together and shall constitute a
single modification. Any signature to this Second Modification transmitted
electronically through DocuSign or PDF shall be deemed an original signature and
be binding upon the parties hereto (it being agreed that such electronic signature
shall have the same force and effect as an original signature).
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
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3
7. Except as expressly modified by this Second Modification, all other terms and
conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Modification as of
the date and year first written above.
ATTEST:
______________________________
APPROVED AS TO FORM:
______________________________
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
A.G. Coast Corporation, a California
corporation, d/b/a California Panther
Security
By: _______________________________
DocuSign Envelope ID: C362FF26-22C9-4D5B-8FD1-F13C31AEBACF
Susan Cola
Interim City Attorney
5/12/2022
Moe Galal California Panther
5/12/2022
Vice President
5/14/2022
David White
City ManagerCity Clerk
6/1/2022
Denise Anderson-Warren
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Packet Pg. 494 Attachment: Second Modification to Agreement #11259 (5732 : 4th Modification to Contract with California Panther Security for Pier Related
1
THIRD MODIFICATION OF AGREEMENT NO. 4865 (CCS)
This Third Modification of Agreement Number 4865 (CCS) (“Third Modification”),
entered into as of ____________________, by and between the City of Santa
Monica, a municipal corporation (“City”), and A.G. Coast Corporation, a California
corporation, d/b/a California Panther Security (“CA Panther”) is made with reference
to the following:
RECITALS
A. On or about January 6, 2022, the City and CA Panther entered into Agreement
Number 4865 (CCS) (“Original Agreement”) for the services of unarmed security
officers to secure and monitor points of entry onto the Santa Monica Pier.
B. On or about January 25, 2022, the City and CA Panther entered into the First
Modification of Agreement Number 4865 (CCS) (“First Modification”) to include
additional services to be performed by CA Panther. The Original Agreement and
First Modification may be referred to collectively herein as “the Agreement.”
C. On or about May 12, 2022, the City and CA Panther entered into the Second
Modification of Agreement Number 4865 (CCS) (“Second Modification”) to
include an extension of the term and increase in compensation. The Original
Agreement, First Modification, and Second Modification may be referred to
collectively herein as “the Agreement.”
D. City and CA Panther desire to modify the Agreement to extend the term, increase
the total compensation, and modify the services to be performed by CA Panther,
as set forth herein.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the
Original Agreement as follows:
1. Exhibit B “Budget” of the Original Agreement shall be deleted in its entirety and
replaced with the following:
CA Panther will provide security officers to perform the Services as modified
by Section 4 of the Second Modification. CA Panther will invoice, and the
City shall pay CA Panther for the hours worked by the security officers at the
following hourly rates beginning July 1, 2022:
Position Regular Hourly Rate Holiday and Overtime
Hourly Rate
Unarmed Security Officer $27.85 $41.78
Unarmed Security
Supervisor
$29.85 $44.78
DocuSign Envelope ID: 812F3370-3515-410F-ADA1-D4084E0648B1
9/6/2022
5.I.d
Packet Pg. 495 Attachment: Third Modification to Agreement #11259 (5732 : 4th Modification to Contract with California Panther Security for Pier Related
2
The foregoing rates are effective from July 1, 2022, through June 30, 2023. The
total payment for services shall not exceed $732,000.
2. Execution in Counterparts. This Third Modification may be executed in
counterparts with the same effect as if both parties hereto had executed the same
document. All counterparts shall be construed together and shall constitute a
single modification. Any signature to this Third Modification transmitted
electronically through DocuSign or PDF shall be deemed an original signature and
be binding upon the parties hereto (it being agreed that such electronic signature
shall have the same force and effect as an original signature).
3. Except as expressly modified by this Third Modification, all other terms and
conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Modification as of
the date and year first written above.
ATTEST:
______________________________
APPROVED AS TO FORM:
______________________________
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
A.G. Coast Corporation, a California
corporation, d/b/a California Panther
Security
By: _______________________________
DocuSign Envelope ID: 812F3370-3515-410F-ADA1-D4084E0648B1
DOUGLAS SLOAN
9/6/2022
City Attorney
Vice President
9/9/2022
Moe Galal California Panther
David White
City Manager
11/24/2022
Denise Anderson-Warren
City Clerk
12/6/2022
5.I.d
Packet Pg. 496 Attachment: Third Modification to Agreement #11259 (5732 : 4th Modification to Contract with California Panther Security for Pier Related
CITY OF SANTA MONICA
OAKS INITI ATIVE 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 off icial from receiving, and a person or entity from conferring, specified
personal benef its 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 f or 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
inf ormation must be updated and supplied every 12 months.
5.I.e
Packet Pg. 497 Attachment: Oaks Initiative (5732 : 4th Modification to Contract with California Panther Security for Pier Related Security)
CITY OF SANTA MONICA
OAKS INITI ATIVE 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 benef its 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 # ___________________________
5.I.e
Packet Pg. 498 Attachment: Oaks Initiative (5732 : 4th Modification to Contract with California Panther Security for Pier Related Security)