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 2 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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DocuSign Envelope ID: C362FF26-22C9-4D5B-8FD1-F13C31AEBACF 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 Clerk City Manager
6/1/2022
Denise Anderson-Warren