Contract No. 11179 (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 Herc Rentals, Inc. (“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 June 30, 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:
16.1 Make available to CONTRACTOR any currently existing documents, data or information required for the performance of the Services.
16.2 Designate a representative authorized to act on behalf of City.
16.3 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 THREE HUNDRED THOUSAND ($300,000), as set forth in Exhibit B.
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 11/10/2021
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.
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:
Water Resources Division
City of Santa Monica
2500 Michigan Ave, Bldg 1
Santa Monica, California 90404
Attention: Thomas Poon
Re: Contract No. 11179 (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. 11179 (CCS)
6.2 All notices, demands, requests or approvals to CONTRACTOR:
Herc Rentals Inc.
27500 Riverview Center Blvd
Bonita Springs, FL 34134
Attention: Richard Shugg
Re: Contract No. 11179 (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 subcontractors, 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.
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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 arise from or in connection with the performance of the Services by CONTRACTOR or CONTRACTOR’s agents, representatives, employees or subcontractors 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 subcontractors. 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 subcontractors; 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 DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 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.
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 including, but not limited to, Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California related to prevailing wage, apprentices, penalties and certified payroll.
16. Registration with the Department of Industrial Relations; Compliance Monitoring.
16.1No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
16.2No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
16.3This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
17. 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.
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585
18. 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.
19. Records.
19.1 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, subcontractor 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.
19.2 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.
19.3 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.
20. Work Product; Reports.
20.1 Any work product prepared or caused to be prepared by CONTRACTOR or any subcontractor for this Agreement will be the exclusive property of City. No work product given to or prepared by CONTRACTOR or any subcontractor pursuant to this Agreement may be made available to any individual or organization by CONTRACTOR without prior written approval by City.
20.2 At the City’s request, CONTRACTOR must furnish reports concerning the status of the Services.
21. Standard of Care. CONTRACTOR agrees to provide all Services, including services performed by any subcontractor, 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.
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585
22. Subcontractors.
22.1 If CONTRACTOR proposes to have any subcontractor 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 subcontractor, and the total price or hourly rates used in preparing an estimated cost for the subcontractor’s services. The City, in its sole discretion, may grant or deny the request.
22.2 CONTRACTOR will be responsible for the quality of any subcontractor’s work.
Every subcontract or agreement of any kind entered into between CONTRACTOR and any subcontractor (or between any subcontractor and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 11179 (CCS) entered into between the City of Santa Monica and CONTRACTOR
on^^____________________.
23. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
24. 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.
25. 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.
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 11/10/2021
26. 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
27. Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. Counterparts hereof that are transmitted by facsimile or electronic transmission shall be given identical legal effect as an original.
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
CONTRACTOR Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 Interim City Attorney
Joseph Lawrence
11/9/2021
Jason Oosterbeek
Vice President
Herc Rentals Inc.
11/10/2021
11/10/2021
David White
City Manager
City Clerk
Denise Anderson-Warren
11/11/2021
Exhibit A
Scope of Services
Water and wastewater pump rental
Contractor shall deliver and install temporary water and wastewater pumps, flow meters, and related parts at the Moss Avenue Pump Station (MAPS) and the Pico‐Kenter Pump Station.
Moss Avenue Pump Station
The Moss Avenue Pump Station (MAPS) is located at 1625 Appian Way, Santa Monica, CA 90401. The contractor shall furnish, deliver, install, and remove upon request, a temporary sewage bypass pumping system at MAPS. The accessible area to install the temporary pumping is approximately 4’ x4’. The temporary pump shall be submersed approximately 25 feet into the MAPS wet well and allow for a maximum surcharge level of 8 feet from wet well floor. The temporary pump shall have capacity to constantly pump 3,000 gallons per minute. In the past, the City has utilized a Flygt pump, Model NS3202, which is a 60 HP, 8‐inch electric submersible sewage pump. Pricing for installation of pump shall include all fittings, adapters, and electrical cabling required to finalize the project. Crane lift from street side is required for installation of temporary pump. Traffic control measures must be used to guide vehicle and pedestrian traffic in and around work site.
Pico‐Kenter Pump Station
The Pico‐Kenter Pump Station is a storm drain diversion that pumps dry‐weather urban runoff from the Pico‐Kenter storm drain to the Santa Monica Urban Runoff Recycling Facility (SMURRF), and is located at the end of the beach near 1 Pico Blvd., Santa Monica, CA 90401. The contractor shall provide a temporary pump, flow meter, and associated piping and valves to convey dry‐weather urban runoff from a wet well at the pump station to a sanitary sewer manhole approximately 150 feet away. Piping shall intersect the Ocean Front Walk pathway and discharge into the sanitary sewer manhole. The pump shall have the capacity of pumping a minimum of 800 gallons per minute (gpm). Contractor must submit traffic mitigation plan to City staff for approval. The contractor shall furnish a generator to operate the temporary pump.
Traffic‐rated ramp/pipe cover
The Pico‐Kenter temporary pump installation area is adjacent to Ocean Front Walk, an area frequented by pedestrian, bicycle, and some vehicular traffic. Contractor shall be responsible to install traffic‐rated pipe cover/ramp on areas within public right‐of‐way. Additional barricades and signage shall a be installed to direct traffic. Traffic ramp shall have a continuous smooth surface to help prevent wheels from vehicles, such as bicycles and scooters, from being lodged into the ramp. All traffic management equipment and signage must be approved by Water Resources staff prior to installation.
Other vendor requirements
Contractor is responsible for furnishing, delivering, installation, and removal of temporary pumps. These services shall be included in pricing.
Contract shall use appropriate safety measures and equipment necessary to complete tasks. Contractor shall provide adequate delineation of project area to guide pedestrian and/or vehicular traffic around site.
Response times
The contractor shall provide emergency turnaround time of 8 hours. The contractor shall provide nonemergency turnaround time of 48 hours.
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 Exhibit B
Budget
Contract Total NTE: $300,000 over 5 years
MAPS Rental and Installation
Description UOM Rate Comment
Delivery and Installation of temporary pump
and all components at MAPS
lump sum $2,449.00
Removal of temporary pump and all
components at MAPS
lump sum $1,417.00
Wastewater pump power generated VFD
control, 3000 gpm or greater (Flygt Model
NS3202 or equivalent) if different specify
model in comments
hourly $244.00 Minimum 4
hours.
Wastewater pump power generated VFD
control, 3000 gpm or greater (Flygt Model
NS3202 or equivalent) if different specify
model in comments
weekly $4,938.00
Wastewater pump power generated VFD
control, 3000 gpm or greater (Flygt Model
NS3202 or equivalent) if different specify
model in comments
monthly $12,242.00
Pico Kenter Pump Station Rental and Installation
Description UOM Rate Comment
Delivery and Installation of temporary pump
and all components at Pico Kenter
lump sum $3,481.00
Removal of temporary pump and all
components at Pico Kenter
lump sum $2,126.00
Water pump with generator, min 800 gpm, if
different specify model in comments
hourly $106.00
Water pump with generator, min 800 gpm, if
different specify model in comments
weekly $1,970.00
Water pump with generator, min 800 gpm, if
different specify model in comments
monthly $5,912.00
Discharge flex hose cam coupling 4x50 hourly $3.00
Discharge flex hose cam coupling 4x50 weekly $60.00
Discharge flex hose cam coupling 4x50 monthly $180.00
Flow meter hourly $2.00
Flow meter weekly $68.00
Flow meter monthly $198.00
Pipe 90 deg elbow 4in hourly $1.00
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 Pipe 90 deg elbow 4in weekly $12.00
Pipe 90 deg elbow 4in monthly $36.00
Pipe adapter 4in Victaulic x m npt hourly $1.00
Pipe adapter 4in Victaulic x m npt weekly $6.00
Pipe adapter 4in Victaulic x m npt monthly $18.00
Rubber Suction Hose Cam Coupling 4x10 hourly $2.00 Minimum 4 hours.
Rubber Suction Hose Cam Coupling 4x10 weekly $36.00
Rubber Suction Hose Cam Coupling 4x10 monthly $108.00
Suction Hose Cam Coupling hourly $3.00 Minimum 4
hours.
Suction Hose Cam Coupling weekly $60.00
Suction Hose Cam Coupling monthly $180.00
Victaulic pipe clamp 4 hourly $1.00 Minimum 4
hours.
Victaulic pipe clamp 4 weekly $4.00
Victaulic pipe clamp 4 monthly $10.00
Pcs of alum pipe 4x10 victualic hourly $1.00 Minimum 4
hours.
Pcs of alum pipe 4x10 victualic weekly $6.00
Pcs of alum pipe 4x10 victualic monthly $18.00
Pcs of alum pipe 4x2 victualic hourly $1.00 Minimum 4
hours.
Pcs of alum pipe 4x2 victualic weekly $6.00
Pcs of alum pipe 4x2 victualic monthly $18.00
Pcs of alum pipe 4x3 victualic hourly $1.00 Minimum 4
hours.
Pcs of alum pipe 4x3 victualic weekly $6.00
Pcs of alum pipe 4x3 victualic monthly $18.00
Pcs of alum pipe 4x5 victualic hourly $1.00 Minimum 4
hours.
Pcs of alum pipe 4x5 victualic weekly $6.00
Pcs of alum pipe 4x5 victualic monthly $18.00
Water pump float switch single hourly $1.00 Minimum 4
hours.
Water pump float switch single weekly $16.00
Water pump float switch single monthly $46.00
Pedestrian Bridge and Traffic Management
Description UOM Rate Comment
Installation and removal of pedestrian bridge,
wayfinding signage
lump sum $1,032.00
Pedestrian barricade ADA org 72x38 hourly $2.00
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 Pedestrian barricade ADA org 72x38 weekly $30.00
Pedestrian barricade ADA org 72x38 monthly $90.00
Vehicle traffic-rated hose bridge (ramp to
cover exposed pipe in walkway)
hourly $25.00 Minimum 4
hours.
Vehicle traffic-rated hose bridge (ramp to
cover exposed pipe in walkway)
weekly $436.00
Vehicle traffic-rated hose bridge (ramp to
cover exposed pipe in walkway)
monthly $1,306.00
Annual increase not to exceed 2.5% annually for years 2-5 of contract.
DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 1 Exhibit C
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 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 DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 2 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.
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 DocuSign Envelope ID: 4A2DBF18-468D-4623-9781-23D416E9F585 3 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: 4A2DBF18-468D-4623-9781-23D416E9F585