THIRD MODIFICATION OF AGREEMENT NO. 9011 (CCS)
This Third Modification of Agreement Number 9011 (CCS) (“Third Modification”), entered into as of _______________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Southern California Disposal Company (“Contractor” or “SCD”) is made with reference to the following:
RECITALS
A. On or about December 2, 2008, the City and Southern California Disposal Company (“Contractor” or “SCD”) entered into Agreement Number 9011 (CCS) for Municipal Solid Waste Transferring Services (“Original Agreement”).
B. On or about June 28, 2019, the City and SCD entered into a first modification of Agreement Number 9011 (CCS) (“First Modification”) which clarified and expanded existing transfer services to include Recyclable Material to be transferred by SCD.
C. On September 24, 2019 the City and SCD authorized a modification of Agreement Number 9011 (CCS) to pay for the interim transfer of curbside recyclable materials in an amount not to exceed $900,000 through December 31, 2020.
D. On November 12, 2019, the City and SCD authorized an increase to the not-to-exceed amount for the interim transfer of curbside recyclable materials previously authorized at the September 24, 2019 Council meeting by an additional $360,000.
E. On November 13, 2019, the City and SCD entered into a second modification to the Original Agreement and First Modification (“Second Modification”) to increase the rate to haul curbside recyclables from $25.18 per ton to $39.75 per ton as of November 13, 2019 (plus CPI adjustment applied on January 1, 2020), resulting in an increase of the not to exceed amount to $1,260,000 for hauling curbside recyclable materials only. The new total contract amount, including the $1,260,000 for hauling curbside recyclable materials, cannot exceed $37,260,000 and is subject to future year funding approved by the City Council. The termination date for interim transfer of curbside recyclable material services is December 31, 2020. The termination date for all services other than the interim transfer of curbside recyclable material services is December 31, 2026. The Original Agreement, as amended by the First Modification and Second Modification, is referenced herein as “the Agreement.” F. The City and SCD now desire to amend the Agreement to extend the termination date for interim transfer of curbside recyclable material services to December 31, 2021 and authorize SCD to use 1911 Frank Street, an approximately 150 feet by 70 feet or 10,500 square-foot City property located at the southwest corner of the City Yards (the “Hanson Lot”), in accordance with the License Agreement attached hereto as Exhibit “A”.
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E 11/5/2020
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually acknowledge the above referenced recitals as true and correct, and agree to modify the Agreement, as follows:
1. This Third Modification shall be effective beginning on the Execution Date and shall terminate on December 31, 2021, unless terminated sooner in accordance with Section 8 of the First Modification.
2. Section 6.6 of the Agreement is deleted in its entirety and replaced with the following text:
Section 6.6 Total Contract Amount.
(i) The rate to haul curbside recyclable materials is $39.75 per ton as of November 13, 2019 (plus CPI adjustment applied on January 1, 2020, and every January 1 thereafter). The City will compensate SCD for the interim transferring services of curbside recyclable materials pursuant to Section 8 of the First Modification (“Additional Services”), in an amount not to exceed $1,260,000. (ii) The total amount of compensation to SCD for all transfer services under the Agreement, including the not to exceed amount under subparagraph (i), above, shall be an amount not to exceed $37,260,000, subject to future year funding approved by the City Council.
(iii) The termination date for interim transfer of curbside recyclable material services is December 31, 2021. The termination date for all services other than the interim transfer of curbside recyclable material services is December 1, 2026.
3. License to use the Hanson Lot. SCD shall be authorized to use the property located at 1911 Frank Street (the “Hanson Lot”) in accordance with the terms and conditions of the License Agreement attached hereto as Exhibit “A,” which is incorporated herein by this reference.
4. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect. ///
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
APPROVED AS TO FORM:
______________________________
LANE DILG
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
#VENDOR
By: _______________________________
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E Interim City Attorney
11/3/2020
George Cardona
President
11/3/2020
Southern California Disposal Co., Inc.
Luke S Kardashian
11/5/2020
Lane Dilg
Interim City Manager
Denise Anderson-Warren
11/10/2020
City Clerk
Exhibit “A”
LICENSE AGREEMENT
This LICENSE AGREEMENT (“Agreement” or “License”), entered into this ___ day of __________________ (“Execution Date”), by and between the CITY OF SANTA MONICA (“City” or” Licensor”), and Southern California Disposal Company (“Licensee”), is made with reference to the following:
RECITALS
A. 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 Charter of the City.
B. Licensee is authorized to do business in the State of California.
C. Licensee desires to use certain property located at 1911 Frank Street and referenced herein as “the Hanson Lot” or “License Area” and City desires to allow the use of the Hanson Lot by SCD, subject to the terms and conditions of this License.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM
1.1 Initial Term. Unless terminated earlier as set forth in this Agreement or extended pursuant to Section 1.2, below, the Initial Term of this Agreement shall commence on the Execution Date and shall terminate thirty (30) days after the Execution Date (“Termination Date”), unless extended in accordance with Section 1.2 or terminated sooner in accordance with Section 18, herein.
1.2 Option to Extend. At the City’s sole discretion and provided the Licensee is in full compliance with the terms and condition of this Agreement, the Initial Term of this License may be extended beyond the Termination Date (“Extension Period”) on a month to month basis, not to extend beyond December 31, 2021, if such extension is requested in writing by SCD no later than fifteen (15) days prior to the Termination Date or authorized Extension Period. Any extension granted is subject to all the same terms and conditions set forth in this Agreement.
2. GRANT OF LICENSE; LICENSEE’S SUBLICENSEE(s).
2.1 Grant of License. City hereby grants to Licensee a nonexclusive revocable license to explore curbside materials transferring services space use options and DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E 11/5/2020
complete the Scope of Improvements required by Section 4 (collectively, “Permitted Activities”), subject to the terms and conditions of this Agreement.
2.2 No Interest in Property. This license does not constitute an estate or interest in the City Property and is merely a conditional, limited right to enter upon the License Area to perform Permitted Activities for a limited period of time.
3. LICENSE AREA AND USE.
3.1 License Area. The License Area consists of the area depicted in Exhibit 1, which is attached hereto. Licensee accepts the License Area “as is” and Licensor makes no representations or warranties about the suitability of the License Area for any particular purpose. This License includes the reasonable right of access to the License Area by Licensee. Licensee shall not use any City premises or property not specifically permitted pursuant to this Agreement.
3.2 Use and Permitted Activities. The License Area is to be used solely for the exploration of curbside materials transfer services space use options (the “Permitted Activities”). Any other use of the License Area is expressly prohibited.
3.3 Days and Hours of Operation. Licensee’s use of the License Area shall be operational during the following hours:
Days of Operation Hours of Operation
Monday through Friday 5:00 a.m. to 6:00 p.m.
Saturday 7:00 a.m. to 4:00 p.m.
Any changes in the above days and hours shall be subject to mutual agreement of the parties; provided, however that no amplification shall be allowed prior to 8:30 a.m.
4. LICENSE FEE.
As consideration for the License granted herein, Licensee shall (i) pay City the amount of ONE DOLLAR ($1.00) and (ii) complete the Scope of Improvements attached hereto as Exhibit 2 (collectively, the “License Fee”) for the use of the License Area in accordance with this Agreement. The License Fee is payable by check, money order, or other means of payment acceptable to the City’s Finance Department.
5. EQUIPMENT.
5.1 Responsibility for Equipment. City shall have no responsibility for providing or connecting any temporary structures, fixtures, utilities, services, furnishings, or equipment (collectively referenced herein as “Equipment”) necessary to operate the Permitted Activities authorized by this Agreement. Any and all Equipment and their installation shall be the responsibility of Licensee or its Sublicensee(s). All such equipment and furnishings provided by Licensee shall be deemed Licensee’s personal property and shall be removed by Licensee or at the termination of this DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E Agreement. No furnishings or fixtures shall be installed in such a manner as to become permanently affixed to or a part of the License Area, unless required by the Scope of Improvements (Exhibit 2) or authorized, in writing, by the City’s designated representative. Licensee, at its sole cost and expense will be responsible to ensure that Licensee does not cause a safety hazard.
5.2 Notice to City. Licensee shall provide no less than five (5) days’ advance written notice to City of its plans for installation of any Equipment and obtain City’s written consent as to the placement of Equipment within the License Area.
6. MAINTENANCE.
Licensee shall ensure that either Licensee or Sublicensee(s), at no expense to the City, shall keep the License Area in a clean and sanitary condition. Upon expiration of this Agreement, Licensee shall be responsible to assure that the License Area is returned to the City in as good a condition as of the Execution Date of this Agreement. No boxes, barrels, or rubbish in any form shall be kept, piled, or stored in the License Area or surrounding areas unless approved by City. If Licensee fails to maintain such areas or fails to correct any unsanitary condition within 48 hours after being notified in writing to do so by City or other governmental agency with jurisdiction, then City may enter such areas and remedy the condition or conditions at the Licensee’s expense.
7. ALTERATIONS AND REPAIRS.
Licensee accepts the License Area in “as is” condition. City shall not be required to make any alterations, improvements, or repairs therein or thereon to accommodate use of the License Area. Licensee hereby waives any and all rights, any expressed or implied warranties concerning the condition of the License Area. Licensee shall not make any changes to or remove any fixtures existing within the License Area as of the Execution Date without first securing City’s written consent. All such approved changes or removals shall be at the sole expense of Licensee.
8. EMPLOYEES AND MECHANICS’ LIENS.
Licensee shall prevent the filing of any mechanics’ liens, and other liens, and liens for labor, services, supplies, equipment or material incurred by or on behalf of Licensee. Licensee shall at all times fully pay and discharge and wholly indemnify, defend and hold harmless City on account of any said liens, claims assertions, or filing thereof.
9. CITY’S RIGHT TO ENTER.
The City reserves the right to enter upon the License Area at any and all times during the term of this Licensee Agreement.
10. TAXES.
The Licensee shall exonerate, indemnify, and hold harmless the City from and against, and shall defend the City from and against, and shall assume full DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E responsibility for, payment of all wages or salaries and all federal, state, and local taxes or contributions imposed or required under the Unemployment Insurance, Social Security, Income Tax laws, Worker’s Compensation laws, or other laws with respect to the Licensee’s employees engaged in the performance of Licensee’s obligations. Licensee shall pay all taxes upon personal property and improvements belonging to Licensee and upon their possessory interests, if any, and Licensee shall pay all sales and other taxes levied against the operation of said business.
11. CONTRACT SERVICES INSURANCE REQUIREMENTS.
Prior to entering upon the License Area for any purposes relating to this Agreement, Licensee shall procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with Licensee’s activities on the City Property during the Term of this Agreement and any Extension Period, if any. Such insurance shall, at a minimum, meet the requirements for insurance set forth in Exhibit 3, Insurance Requirements and Verifications.
12. LAWS AND ORDINANCES.
During the term of this License, Licensee shall comply with all applicable federal, state and local laws, ordinances, codes, regulations, which may be amended from time to time. The violation of these rules and regulations shall be deemed a material breach of this License.
13. PERMITS AND LICENSES.
The Licensee shall be required to obtain any and all governmental permits or licenses required for the use of the Licensed Area. Licensee shall provide the Licensor with copies of all approvals, permits and other licenses. Receipts of all approvals, permits and licensed by governmental entities having jurisdiction of the Licensed Area is a condition precedent for the exercise of the License.
14. PROHIBITION AGAINST TRANSFER.
The parties hereby specifically agree that this License is personal to Licensee and that Licensee is prohibited from assigning all or any of its interests under or pursuant to this License to any other party or parties. The sale, assignment, transfer or other disposition of Licensee, or the transfer of any general partner or corporation, which shall result in changing the control of Licensee, shall be construed as an assignment of this Agreement. Any attempt to do so shall be null and void, and any purported assignee, sublessee, or transferee shall acquire no right or interest in this License. All required permits, licenses and any agreements related to the Licensee’s operation must be in Licensee’s name or it will be deemed a purported transfer of this License.
15. WAIVERS.
A waiver by the City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E different character.
16. HOLD HARMLESS, DEFEND AND INDEMNIFICATION.
16.1 Hold Harmless, Defend and Indemnification. Licensee shall indemnify, defend and hold harmless Licensor, its City Council, boards and commissions, officers, agents and employees (collectively "Licensor") from and against any and all actions, causes of action, obligations, costs, damages, losses, claims, liabilities and demands of any nature whatsoever, including, but not limited to, reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to: (i) the use or possession of the License Area by Licensee, Sublicensee(s), or their respective directors, officers, employees, contractors, vendors, operators, guests or invitees; (ii) the condition of the License Area; (iii) the exercise of any license rights by Licensee under this Agreement; (iv) the activities and operations of Licensee, and its respective directors, officers, employees, agents, contractors, vendors, operators, guests and invitees; and (v) furnishing or supplying work, services, materials, equipment or supplies in connection with the use of the License Area. Licensee further agrees that City shall not be liable for any loss, damage or injury to Licensee’s business or to the property of Licensee or its respective directors, officers, employees, agents, contractors, vendors, operators, guests or invitees, nor shall City be liable for any injury to Licensee, or its respective directors, officers, employees, agents, contractors, vendors, operators, guests or invitees.
16.2 Costs of Enforcement. Licensee agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth herein.
17. INDEPENDENT CONTRACTOR.
It is understood and agreed that Licensee, in the performance of this Agreement, will be acting in a wholly independent capacity and not as agent, employee, partner, or joint venturer of the City. This Agreement does not create a tenancy of any nature whatsoever between City and Licensee.
18. DEFAULT AND TERMINATION.
18.1 Termination for Default. If Licensee fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five (5) 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 Licensee.
18.2 Termination for Convenience. The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten (10) days’ written notice to Licensee.
18.3 Obligations Upon Termination. Upon termination of the License, Licensee shall remove all equipment and materials and any other personal property from the License Area. If Licensee fails to remove any and all equipment and facilities and any other personal property by the date of termination set forth in the written notice, DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E Licensor may take exclusive possession of the License Area by removing any and all equipment and facilities and any personal property and storing the same at the expense of Licensee without commencing any legal action or obtaining any court order therefor.
19. NOTICES.
All notices, demands, requests or approvals to be given under this Agreement, shall be given in writing, and shall be deemed served when delivered personally, or seventy-two (72) hours after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided.
19.1 Notice to City. All notices, demands, requests or approvals from the Licensee to City shall be addressed to:
City of Santa Monica
Resource Recovery and Recycling Division
2500 Michigan Avenue, Building 9
Santa Monica, CA 90404
Attn.: Resource Recovery and Recycling Manager
With a copy to:
City of Santa Monica
1685 Main Street, Room 310
Santa Monica, CA 90401
Attention: City Attorney
19.2 Notice to Licensee. All notices, demands, requests or approvals from the City to licensee shall be addressed to:
20. RIGHTS LIMITED TO REVOCABLE LICENSE.
Notwithstanding anything contained in this License or the actions of the parties in the future, under no circumstances shall the License granted herein ripen into either a lease or easement (whether under claim of prescriptive right or otherwise).
21. INTERRUPTION OF LICENSE RIGHTS DUE TO EMERGENCY.
In the event of an emergency which jeopardizes the health, safety or welfare of the public or any individual, Licensor may remove Licensee from the License Area and regain possession of it without notice to Licensee. The exercise of Licensor's rights under this Section shall be at Licensor's sole and absolute discretion.
22. RELATIONSHIP OF PARTIES.
The relationship between Licensor and Licensee is solely that of licensor and licensee. Both parties acknowledge the relationship is not of landlord and tenant, easement grantor and easement grantee, or any other relationship.
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E
23. MERGER OF NEGOTIATIONS.
This License represents the full and complete understanding of every kind and nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof, and this License shall not be modified except upon the written agreement of both Licensor and Licensee.
24. NONDISCRIMINATION.
Licensee agrees not to discriminate against any individual because of race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, or condition of having AIDS, in connection with the License granted herein.
25. COST OF LITIGATION.
Should either party hereto institute any action or proceeding to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses and such amount as is adjudged to be reasonable attorney’s fees for the costs incurred by the prevailing party in such action or proceeding.
26. CAPTIONS OF CONVENIENCE.
The captions herein are for convenience only and are not a part of this Agreement and do not in any way limit, define or amplify the terms and provisions hereof.
27. COUNTERPARTS.
This Agreement may be executed in several counterparts, each of which original, and all of which together constitute but one and the same document.
28. GOVERNING LAW.
The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
29. VENUE AND JURISDICTION
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.
30. 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 DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
31. EXHIBITS
The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit 1 License Area
Exhibit 2 Scope of Improvements
Exhibit 3 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
APPROVED AS TO FORM:
______________________________
LANE DILG
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
#VENDOR
By: _______________________________
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E 11/3/2020
Interim City Attorney
George Cardona
President
Luke S Kardashian
11/3/2020
Southern California Disposal Co., Inc.
Interim City Manager
Lane Dilg
11/5/2020
City Clerk
Denise Anderson-Warren
11/10/2020
EXHIBIT 1
LICENSE AREA
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E EXHIBIT 2
SCOPE OF IMPROVEMENTS
SCD will complete the following site improvements, at its own cost, during the term of this license agreement:
• Remove all existing structures within the license area outlined in Exhibit 1 • Remove the "Nursery" building on the south edge of the City property • Remove the "Lean-To" structure at the southwest corner of the outlined area • Remove the fence separating and adjacent to the SCD property • Minimal grading
All site improvements shall be subject to the approval of the City.
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E EXHIBIT 3
INSURANCE REQUIREMENTS
Licensee shall ensure that Sublicensee(s) procures and maintains limits of insurance of the types and in the amounts described below:
Licensee shall ensure that Sublicensee(s) procures and maintains limits of insurance of the types and in the amounts described below:
Minimum Scope and Limits of Insurance
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering GCL on an “occurrence” basis, including products-completed operations and personal & advertising injury, with limits of no less than $3,000,000 per occurrence.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if the Licensee 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 and Employer’s Liability Insurance: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
If the Sublicensee(s) maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Sublicensee(s).
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status (CGL policy): 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 Sublicensee(s) including materials, parts or equipment furnished in connection with such work or operations. The additional insured status can be provided in the form of an endorsement at least as broad DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
b. Primary Coverage (all policies): For any claims related to this contract, the Sublicensee(s)’s insurance shall be primary 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 Licensee or Sublicensee(s)’s insurance and shall not contribute with it.
c. Notice of Cancellation (all policies): Each insurance policy required herein shall state that coverage shall not be cancelled, except after 30 days prior written notice (10 days for non-payment) has been given to the City of Santa Monica. d. Waiver of Subrogation (all policies): Sublicensee(s) hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Sublicensee(s) may acquire against the City of Santa Monica by virtue of payment of any loss. Sublicensee(s) agrees to obtain any endorsement that may be necessary to effect 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 Sublicensee(s), his employees, agents, and subcontractors.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Licensee or Sublicensee(s) to reduce or eliminate the deductible or retention applicable to the contracted work or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Sublicensee(s) shall furnish the City of Santa Monica with original certificates and DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. 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 Sublicensee(s)’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.
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E