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Contract No. 11120 (CCS)
CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of _______________ (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and A.G COAST INC dba CALIFORNIA PANTHER SECURITY (“CONTRACTOR”), 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. CONTRACTOR is qualified to do business, and is doing business, in the State of California. CONTRACTOR represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.
C. The City and CONTRACTOR desire to enter into an agreement for the CONTRACTOR 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 January 14, 2026, unless sooner terminated in accordance with Section 14.
2. CONTRACTOR Services. CONTRACTOR will perform all of the services (“Services”) described in Exhibit A, Scope of Services. CONTRACTOR will complete the Services in accordance with Exhibit B, Budget.
3. City Services. The City agrees to:
3.1 Make available to CONTRACTOR 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 CONTRACTOR.
4. Compensation. The City will compensate CONTRACTOR for the Services performed in an amount not to exceed $193,868 for the first one-year term commencing on the Execution Date, for a total not to exceed $1,029,268, as set forth in Exhibit B.
5. Invoices. CONTRACTOR 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.
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C 12/23/2020
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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, 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:
Annenberg Community Beach House
City of Santa Monica
415 Pacific Coast Highway
Santa Monica, California 90402
Attention: Nan Friedman
Re: Contract No. 11120 (CCS)
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. 11120 (CCS)
6.2 All notices, demands, requests or approvals to CONTRACTOR:
A.G COAST INC dba CALIFORNIA PANTHER SECURITY
5777 W. Century Boulevard, Suite 1601
Los Angeles, CA 90045
Attention: Moe Galal
[email protected]
Re: Contract No. 11120 (CCS)
7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct of CONTRACTOR or any of CONTRACTOR’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.
8. 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 CONTRACTOR, and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, CONTRACTOR must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C - 3 -
arise from or in connection with the performance of the Services by CONTRACTOR or CONTRACTOR’s agents, representatives, employees or subconsultants for the duration of this Agreement. CONTRACTOR must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
10. Defense and Indemnification.
10.1 CONTRACTOR 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 CONTRACTOR, or CONTRACTOR’s employees, agents, officers, and subconsultants. CONTRACTOR’s responsibilities under this Section 10.1 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 CONTRACTOR, its employees, agents or officers, or subconsultants; provided, however, that CONTRACTOR’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 CONTRACTOR’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from CONTRACTOR, if City chooses to do so.
10.2 Enforcement Costs. CONTRACTOR agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
11.1 CONTRACTOR 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.
11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONTRACTOR or of any general partner or joint venturer or syndicate member of CONTRACTOR, if a partnership or joint venture or syndicate exists, which results in changing the control of CONTRACTOR, will be construed as an assignment of this Agreement.
Control means 50% or more of the voting power of the corporation.
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12. Permits and Licenses. CONTRACTOR, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
13. 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.
14. Default and Termination.
14.1 If CONTRACTOR 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 CONTRACTOR.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to CONTRACTOR. Upon termination of this Agreement, City will pay CONTRACTOR any compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. CONTRACTOR 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.
16. Discrimination. CONTRACTOR 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.
17. Nuisance. CONTRACTOR may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
18. Records.
18.1 CONTRACTOR 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. CONTRACTOR 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.
18.2 CONTRACTOR must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. CONTRACTOR must clearly identify all records and make them readily accessible to the City. At the City’s request, CONTRACTOR must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
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18.3 CONTRACTOR must allow the City to have free access to CONTRACTOR’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 CONTRACTOR’s records, and CONTRACTOR 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 CONTRACTOR, CONTRACTOR 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.
19. Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by CONTRACTOR or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by CONTRACTOR or any subconsultant pursuant to this Agreement may be made available to any individual or organization by CONTRACTOR without prior written approval by City.
19.2 At the City’s request, CONTRACTOR must furnish reports concerning the status of the Services.
20. Standard of Care. CONTRACTOR 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 CONTRACTOR’s profession currently practicing in the same locality under similar conditions.
21. Subconsultants.
21.1 If CONTRACTOR proposes to have any subconsultant perform any part of the Services, CONTRACTOR 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.
21.2 CONTRACTOR will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between CONTRACTOR 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. 11120 (CCS) entered into between the City of Santa Monica and CALIFORNIA PANTHER SECURITY
on^^____________________.
22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C 12/23/2020
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23. Venue and Jurisdiction. The City and CONTRACTOR 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.
24. 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.
25. 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
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:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
CALIFORNIA PANTHER SECURITY
Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C Interim City Attorney
George Cardona
12/23/2020
Moe Galal
CPS
Vice President
12/23/2020
12/23/2020
Lane Dilg
City Clerk Interim City Manager
Denise Anderson-Warren
12/24/2020
Exhibit A
Scope of Services
As a public space, the Beach House wishes to provide a safe, secure environment in and around its respective facilities for its patrons and employees, and to safeguard the property. Security officers are required, seven days per week.
The Beach House requires nighttime security services with a combined maximum total of 24 hours per day. The City, in its sole and absolute discretion, may change the amount of hours for which security services are required. The Beach House Manager or designee have authority to modify the number of hours for which security services are required at the Beach House.
• Regular shifts are 5:30PM – 5:30AM and 7:30PM – 7:30AM • The 5:30PM-5:30AM shift may be adjusted depending on day light hours or other site needs
The Beach House will pay a maximum of 24 hours per day, unless otherwise specified by Beach House Venue Manager or designee. The Beach House Venue Manager or designee will specify any schedule changes, additional hours or additional security officers.
Facility Hours – subject to change
• Parking Lot: Opens daily at 7:00AM, and may close at 7:00PM, 8:00PM or 9:00PM, depending on the season.
• Guest Services: Opens daily from 8:30AM to 5:30PM (hours may vary in the summer season and weekends during the fall, winter and spring) • Event Services: Events may start as early as 7:00AM and end at 10:00PM (MondayFriday) or 11:00PM (Saturday-Sunday) with vendors leaving one hour past event end times
• Custodial Services: Custodians are onsite daily from 6:00AM to 1:00AM Holidays
The Beach House is open on most holidays and requires regular security services. On holidays such as Christmas, Thanksgiving and New Year when the facility is closed to the public, 24-hour security coverage is required. The City, in its sole and absolute discretion, may change the amount of hours for which security services are required for holidays. The Beach House Manager or designee have authority to modify the number of hours for which security services are required at the Beach House.
Contractor must meet or exceed the following requirements:
A. Employee Recruitment, Screening and Licensing
1. Contractor shall provide appropriately equipped and trained security personnel, with background and qualifications completed according to City-specified eligibility criteria, in such numbers as are required by the City.
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2. Contractor shall identify contractor’s principals, including, but not limited to, the individual responsible for managing day-to-day business operations and provide written qualifications, or resume, for each.
3. All security personnel are required to meet certain qualifications and standards regarding background, training, experience and health as established in this section. All security officers assigned to the Beach House must:
a. Be a graduate of a state certified Security Officer/Guard training program and possess current, valid Consumer Affairs guard cards b. Be a United States citizen or have certifications of Permanent Residence Status and the right to work from the immigration and Naturalization Service.
c. Be fully literate in the English language (i.e., able to read, write, speak and understand clearly), including, but not limited to being able to read and understand all post orders, Beach House policies and procedures, and posted warning/danger signs of potential hazards and safety instructions and properly writing reports and maintaining a daily activity log; an oral command of English sufficient to permit effective communication even in times of stress.
d. Carry evidence of certificates and permits required by the contract. e. Meet and deal tactfully with government personnel, facility employees and the general public; have the ability to understand, explain, interpret and apply rules, regulations, directives and procedures.
f. Possess poise, self–confidence and an ability to make sound decisions and react quickly under stressful conditions.
g. Be able to learn and adapt to changing situations and accept/respond to instructions and direction.
h. Possess either a high school diploma or a General Equivalency Diploma and have 2 years of prior security experience or have worked in a related field. i. Be able to stand on their feet for extended periods of time, maneuver stairs and other physically demanding terrain at the site as regular duties.
4. Background Checks/Pre-employment Screening/Drug Screening a. Contractor shall certify in writing that it regularly conducts background checks and medical (physical) examinations on all personnel that assigned to the Beach House to ensure they meet the minimum requirements set forth in this Scope of Work.
b. Contractor shall also have an anti-drug policy in place that is at least as comprehensive as the City’s current policies. At a minimum, drug screens shall include testing of urine samples for marijuana, amphetamines, methamphetamines, cocaine and opiates.
c. Evidence of procedures for background checks and of bidder’s anti-drug policy must be provided to the Beach Manager or designee prior to the Contractor’s execution of this Agreement.
d. All background checks must be consistent with California requirements for private security services. The City reserves the right, in its discretion, to disqualify from duty at the Beach House those security officers with records of acts constituting grounds for dismissal, removal or denial of a license under DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C State law, including, but not limited to, those delineated in Sections 7587.1 or 7587.4 of the Business and Professions Code.
e. All such background checks and medical (physical) examinations shall be at Contractor’s expense, shall ensure that all security officers meet the minimum requirements set forth in this Scope of Services, and shall comply with all applicable laws.
5. Licensing and Permits
a. Contractor must be licensed and experienced in performing in this Scope of Services and must provide evidence of current licensing and permits as required by local, State and Federal regulations in providing such services including, but not limited to, a California Private Patrol Operator’s License issued by the Department of Consumer Affairs.
b. Contractor and its employees must possess all licenses, registrations and permits required by the California Department of Consumer Affairs, Bureau of Security and Investigative Services. Contractor is responsible for ensuring that any security officer working at the Beach House is properly licensed under California law.
c. Contractor’s security officers must be registered and must have a valid guard registration card in their possession while on duty. Guard registration cards must be presented to the Beach House upon request. If Contractor’s security officer is unable to present his/her guard registration card upon demand, he/she must be relieved from duty and Contractor must provide a security officer who has appropriate credentials in his/her possession. d. Contractor must also maintain all required business and professional licenses and permits required by law for accomplishing any work required in connection with this Contract, at no cost to the Beach House.
B. Physical Demands
The security services to be performed by security officers requires frequent and prolonged walking, standing sitting and some running. At times, security officers may be required to subdue violent or potentially violent people. Accordingly, physical stamina in all its forms (mental, climate-related, etc.) is a basic physical requirement of this position. Any individual who cannot meet the requirements of a security officer, including inability discovered through on-the-job performance, shall not be qualified to work at this location. Those individuals deemed to be unqualified or inappropriate for the position must be removed and replaced within two (2) days of being notified in writing of dissatisfaction from the Beach House.
C. Training Requirements and Job Function
1. Contractor shall ensure that all security personnel receive training in order that the City may be assured that said personnel are capable of assuming the responsibilities of their assignment.
2. Before Contractor provides security services under this Agreement, Contractor shall be responsible for ensuring all security personnel are trained as provided in this Scope of Services, at contractor’s sole expense.
3. Contractor must ensure all security officers have, at a minimum 24 hours, nonbillable on-the-job training. In addition, prior to providing security services under this Agreement, security officers shall be trained in the following areas:
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C • Security Officer instruction as mandated by the State of California • Patrol Procedures
• Observation and Incident Reporting
• Security Awareness
• Legal Aspects of Private Security
• Security Officer Conduct
• Principles of Communications
• Principles of Access Control
• Principles of Safeguarding Information
• Emergency Response Procedures
• Life Safety Awareness
• Workplace Violence
• Sexual Harassment
• Discrimination
• Diversity
• Conflict Resolution Awareness (i.e. unruly citizens, dealing with difficult and hostile people, etc.)
• Parking Lot Security
• Terrorism (Recognition, Response, and Recovery)
• Responding to Bomb Threats
• Responding to Natural Disasters
• Heat Illness Prevention and Response
4. Contractor and its security personnel must fully implement Beach House safety & security procedures and policies in the Handbook for Security Vendors that is provided by Beach House Manager or designee.
DUTIES OF SECURITY OFFICERS FOR SITE PATROL
• Patrol Beach House grounds individually. Each security officer will be assigned specific areas of responsibility.
• Maintain a high visibility presence to deter illegal and inappropriate behavior and suspicious activities.
• Enforce Beach House policies. Notify persons of rule infractions or violations, and if necessary, request that violators leave the premises. Contact Santa Monica Police Department (SMPD) as necessary.
• Monitor Beach House and patrol site with Contractor-provided guard tours software system.
• Monitor Beach House parking lots and implement Beach House parking restrictions. Notify City staff and/or City’s Parking Enforcement of parking violations when necessary.
• Investigate unusual or suspicious activities on premises or on adjacent public thoroughfares.
• Take appropriate measures to prevent trespassing, damage or theft of Beach House property.
• Report property damage or unauthorized removal of Beach House property. • Interact in a professional manner with the public. Answer routine questions and provide directions to visitors and vendors to various areas of the Beach House.
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C • Submit to Supervisor accurate, reports detailing any occurrences and unusual incidents/accidents during each shift. Supervisor is responsible for relaying such reports to Beach House manager or designee.
• Report to Supervisor any damage, breakage or missing equipment supplied by Beach House to Security vendor.
• Ensure all gates and external doors are locked after normal operating hours. • Assist City of Santa Monica personnel, fire and law enforcement as necessary by providing perimeter access control, traffic direction or by acting as a site liaison. • Escort Beach House staff to or from their vehicles as requested and provide general assistance whenever possible.
• Install security chain and bollards at night to close parking lot; reopen the parking lot in the morning and remove the bollards for storage. • Perform additional security-related duties, as assigned.
DUTIES OF OFFICERS FOR PRIVATE EVENT SECURITY
Private events at the Beach House may include, but are not limited to: weddings, bar/bat mitzvahs, proms, corporate meetings, receptions, holiday parties, pool parties, birthday parties, baby showers, banquet/award presentations, and fundraisers. These events may have guests as few as 25 and as many as 500. Event Services will determine number of security officers needed for each event, and may assist in ensuring that private event clients pay Contractor directly for security services provided by Contractor. Contractor must have capability to accept checks and credit card payments from private event clients.
In addition to regular site duties expected from site patrol officers, event security officers must also:
• Enforce Beach House event rules pertaining to smoking and alcoholic beverages.
Notify attendees of violations, and coordinate with Beach House staff as necessary.
• Enforce rules set by private event client (i.e., no youth on the beach/sand after sunset, physical presence at parent drop-off location). • Provide presence during pre-event, event and post-event. • Primarily provide security presence on the exteriors of the building. May be asked to provide security indoors.
• Ensure that only invited guests (not the general public) enter private event space. • Ensure safety of all private event guests.
• Provide directions for multiple events.
• Provide direct support to event services, custodial services and guest services. • Assist event coordinator with maintaining appropriate sound levels from DJs or musicians.
• Report incidents to the Beach House event coordinator and assist the event services team with incident reports (if they are a witness) • Report property damage to the event services team.
D. Uniforms and Standards of Appearance
1. All security personnel must wear the same color and style or type of uniform, accessories and equipment while on duty.
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C
2. Contractor employees must maintain professional appearance at all times. For example, but not limited to: clean, pressed uniforms; neatly groomed; and hat worn straight (not backwards, or off to the side).
3. Contractor shall propose uniform type, style and color. Uniforms must be of a professional nature and photos should be included with the proposal for approval by the Beach House. Uniforms shall be given to Contractor employees in sufficient quantity by the Contractor and shall ensure that all security officers assigned to the Beach House comply with basic appearance standards to include:
a. All security officers must be in complete uniform, neat in appearance, with uniforms clean, pressed and correctly fitted, and shoes shined. b. Assigned personnel shall not “accessorize” their uniforms and must wear their shirts tucked inside their slacks.
c. Personnel must display a professional appearance in uniform and hygiene by ensuring uniforms comply with the following requirements:
i. Uniform jackets ({1} heavy winter jacket and {1} summer wind breaker), with SECURITY on the back of jacket
ii. Uniform hat with SECURITY printed on the front and
include Contractor’s logo
iii. Uniform shirts with badge and common logo in a visible location
iv. High Visibility Rainwear with SECURITY on the back
(issued to Security Officer or must be available at post) v. Flashlight holder and flashlight (rechargeable durable quality flashlights or better)
vi. Security badge
vii. Shoulder patches displaying the Contractor’s logo
viii. Name tag with Security Officer’s first initial and last name
4. Contractor employee photo identification (ID) card must have employee name in front, no smaller than a font size of 18 with last name, first name, and middle initial, if any.
5. Contractor employees shall not be assigned to work at Beach House without being issued the uniform as described above.
6. Wrist watches, medical or identification bracelets, rings, and earrings are the only items of jewelry or ornaments authorized to be exposed when in uniform and on duty.
7. No jewelry shall be worn in such a manner as to present a safety hazard to the individual, or a distraction of professional appearance. Only post type of earrings shall be worn. Facial piercings and/or gauge type earrings are not allowed to be worn by security officers or supervisors.
8. No visible tattoos shall be permitted.
9. Security personnel shall not possess, display, or use firearms, explosives, or other dangerous weapons, including night sticks (batons), handcuffs, knives, saps DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C (clubs), brass knuckles, stun gun, taser, mace or oleoresin capsicum (pepper spray) while on duty. This includes but is not limited to, the employee’s vehicle, locker, and while on Beach House property.
E. Instructions Manual and Post Orders and Temporary Post Orders
1. Prior to providing security services under this Agreement, Contractor shall provide written Post Orders documenting site/security station/position specific operational instructions that assigned security officers must follow while providing security services. Such procedures must be created with input from, and approved by, the Beach House Manager or designee. All assigned security officers must read and execute a statement that provides that they read and understood the Post Orders, as issued from time to time, as part of their on-going training.
2. In addition, Contractor shall ensure that all security officers have an updated copy of Post Orders according to the following:
a. Post Orders, including Temporary Post Orders, must contain duty instructions, safety instructions, and emergency instructions. Post Orders are subject to change by the Beach Manager or designee.
b. Contractor is responsible for writing and updating (quarterly or as necessary) the Post Orders and providing electronic copies to the Beach House Manager or designee.
c. Temporary Post Orders are temporary instructions issued by Beach House Manager or designee.
F. Security Officer Tour Verification System/Officer’s Schedule
1. Contractor must supply, at Contractor’s sole expense, a security officer tour verification report system for the Beach House facility.
2. Contractor employees shall be responsible for recording rounds using the tour verification system.
3. Contractor must set the patrol points at the Beach House in coordination with Beach House Manager or designee.
G. Removal of Security Officers by the Beach House
The Beach House reserves the right to require the Contractor to remove any security personnel from further duty at the Beach House. If the Beach House requires the removal of any security personnel from duty, the Beach House shall make reasonable efforts to provide the Contractor its reasoning for the removal demand. However, failure to provide such reasoning by the Beach House shall not be grounds for the Contractor to challenge such removal. Upon receiving a request for removal, the Contractor must immediately remove and replace an individual security employee.
Such requests may be submitted in writing, via email, in person or by telephone.
H. Equipment Provided by the Beach House
Security Office - Beach House shall provide a room which serves as a security station.
Communications – Beach House shall provide the appropriate number of two-way radios to be used by the Security Officers.
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C I. Contractor’s Responsibilities
1. Contractor shall be responsible for the development, design, coordination and supervision of all services provided under this Agreement. These activities include, but shall not be limited to, the following:
a. Evaluating, recruiting, screening, supervising, and training of personnel. b. Evaluating and providing adequate field supervision to ensure security officers arrive at assigned post on time, fit for duty, in proper uniform, and properly trained and oriented and perform their duties throughout their assigned shift, and provide backup as needed during all required hours. c. Maintaining adequate staffing to ensure that Beach House has the required number of security officers on site at all times. All security officers assigned to Beach House, even those filling in, shall meet all the requirements of this Agreement.
d. Requiring security officers to carry a cellular telephone (whether provided by the Contractor or not) on their person at all time to give them the ability to summon law enforcement when necessary.
e. Providing security service for the days and hours specified. Any security officer unable to work his/her shift must be replaced by Contractor before the start of the shift. No overtime shall be charged to Beach House.
Contractor must replace any post that is left vacant unexpectedly within thirty (30) minutes and not charge for time not worked. Any discrepancies to the agreed hours over 15 minutes must be reported to the Beach House Manager or designee.
f. Providing an additional security officer when required for special events, which shall be billed at the applicable private event hourly rate as identified in the Budget, Exhibit B.
g. Maintaining a 24-hour communication center 365 days a year for Contractor’s security personnel and Beach House staff to contact in the event of an emergency. Contractor’s communication center phones must be immediately answered and staffed at 24/7, 365 days a year. h. The Contractor may receive Beach House owned equipment; which may include keys, electronic card keys to the building, various offices, gates, etc., as required to perform security services. Contractor shall be responsible for any and all expenses related to any Beach House owned equipment replacement where Contractor’s personnel were negligent in handling or safeguarding the equipment and will be responsible for door re-keying costs should Contractor’s security personnel lose keys. Contractor shall also be responsible for any and all expenses related to the replacement of lost electronic cardkeys.
2. Equipment/Personal Equipment/Visits
a. Contractor shall ensure that at no time shall assigned contract personnel use or tamper with Beach House telephones, computers, or other equipment for non-Beach House or personal business without Contractor receiving prior approval by the Beach House Manager or designee. Unauthorized use of any Beach House equipment may be reason for the City to request Contractor remove the security officer from Beach House assignment.
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C b. Contractor shall ensure security personnel are always diligent, vigilant, alert, focused on their duties, and not engaged in any activity that distracts them from their responsibilities as a security officer.
c. Contractor shall ensure security personnel display a professional image at all times while on duty. Consistent with this is the expectation that security officers must be alert to their surroundings at all times while on duty and shall not be engaged in any activity that distracts them d. Contractor shall ensure security personnel do not smoke while in performance of their duties.
J. Security Officer’s Log
Contractor shall maintain a Security Officer’s Log for security officers to record a written incident report for all incidents that occur at the Beach House. Incidents include any activity that may be cause for concern, including disturbances or matters that interfered or may interfere with Beach House operations, as determined and identified in the Post Orders. The manner and timing of reporting for all incidents to the Beach House Manager or designee shall also be specified in the Post Orders.
Contractor shall maintain a Security Officer’s Log as required below:
1. Maintain a chronological Security Officer’s Log at security station
2. Do not remove the Security Officer’s Log from the station
3. All report entries must be completed honestly, accurately, and in response to an activity
4. Ensure that the Security Officer’s Logs contain, at least the following minimum information:
• The Security Officer’s name;
• The times the Security Officer begins and concludes their shift; • An inspection by the Contractor’s supervisors;
• Descriptions of any suspicious persons loitering near the facility; • Description of any acts of vandalism or intrusion;
• A report of any event where law enforcement, fire department or other public safety officials are contacted;
• A description of any other events which the Security Officer may wish to note.
K. Account Manager/Supervisor; Reporting
Contractor must submit reports, compiling and disseminating statistical data for such items as incident reports and other statistical information as requested by Beach House, and must schedule periodic meetings with key Beach House staff.
Contractor shall provide telephone number(s) for Account Manager/Supervisors, and Executive Staff and designees, where he/she can be reached twenty-four (24) hours a day and shall call back within fifteen (15) minutes of originating call. The assigned Account Manager/Supervisor is responsible for interfacing with Beach House Management.
L. Transition Plan
Prior to commencing services under this Agreement, the Contractor shall submit a thirty (30) transition plan for implementation. This plan shall include, at a minimum, tasks, time frames, and procedures for a cold start transition. The plan DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C will identify the personnel that will be assigned to the transition team with current contact information, telephone numbers and email addresses.
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C Exhibit B
Budget
CONTRACTOR shall be compensated a total amount not to exceed $194,000 for services rendered for the first one-year term, which commences on the Execution Date of this Agreement.
Total estimated expenditure for the five-year term is not to exceed $1,029,268, allocated below. Annual increases are 3 percent, on the same terms and conditions.
Total - Site Patrol Only
(to be paid by the City)
Regular RateHourly Holiday RateHourly Annual Total
(Based on Estimated Hours)
Period 1: 01/15/2021-
01/14/2022 $ 21.37 $ 32.05 $ 193,867.20
Period 2: 01/15/2022-
01/14/2023 $ 22.01 $ 33.01 $ 199,683.22 3%
annual
increase
Period 3: 01/15/2023-
01/14/2024 $ 22.67 $ 34.00 $ 205,673.71 3%
annual
increase
Period 4: 01/15/2024-
01/14/2025 $ 23.35 $ 35.02 $ 211,843.92 3%
annual
increase
Period 5: 01/15/2025-
01/14/2026 $ 24.05 $ 36.07 $ 218,199.24 3%
annual
increase
Grand Total $1,029,267.29
CONTRACTOR shall bill private event clients directly for private event security staff services and provided in the Scope of Services, Exhibit A.
Total - Private Events
(to be paid by the event clients)
Regular RateHourly Annual Total
(Based on Estimated Hours)
Period 1: 01/15/2021-01/14/2022 $ 21.37 $ 10,257.60
Period 2: 01/15/2022-01/14/2023 $ 22.01 $ 10,565.33 3% annual increase Period 3: 01/15/2023-01/14/2024 $ 22.67 $ 10,882.29 3% annual increase Period 4: 01/15/2024-01/14/2025 $ 23.35 $ 11,208.76 3% annual increase Period 5: 01/15/2025-01/14/2026 $ 24.05 $ 11,545.02 3% annual increase Grand Total $ 54,458.99
Number of Hours -
Annual Estimate*
Regular Holiday Private Events
8640 288 480
*Actual number of hours may vary depending on Beach House needs DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C Exhibit C
Insurance Requirements
Contractual Services Agreement Insurance Requirements
Contractor 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 the Contractor, 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 Contractor 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 the Contractor 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 the Contractor. 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 DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’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, the Contractor’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 the Contractor’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: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor 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 the Contractor, 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 the Contractor 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.
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C Verification of Coverage
Contractor 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 the Contractor’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 Contractor, 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 the Contractor resulting from said breach.
Subcontractors
Contractor 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 the Contractor does not have employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C