- 1 -
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, DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB 1/7/2022
- 2 -
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.
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB - 3 -
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.
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB - 4 -
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.
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB - 5 -
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.
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB - 6 -
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 DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB 1/7/2022
- 7 -
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
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB Joseph Lawrence
1/7/2022
Interim City Attorney
City Manager
1/7/2022
David White
1/10/2022
Denise Anderson-Warren
City Clerk
- 8 -
Interim City Attorney
A.G. Coast Corporation, a California
corporation, d/b/a California Panther
Security
By: ________________________________
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB Vice President
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.
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB
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.
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB
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 Day, 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.
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB 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 DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB 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 DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB 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
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB 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 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 DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB 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 COVID19 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).
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB 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 selfreported 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)
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB 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 -bycase 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 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 twodose 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.
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB 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
DocuSign Envelope ID: 994141D8-4942-4E6F-B44B-3B951D4C22DB