Loading...
HomeMy WebLinkAboutItem 13 - Senior Meals Program Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 2, 2026 TOPIC: Senior Meals Program AGENDA TITLE Agreement with Community SeniorServ, Inc. dba Meals on Wheels Orange County for the Senior Meals Program (Specification No. 26-072) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Community SeniorServ, Inc. dba Meals on Wheels Orange County for the Senior Meals Program in an amount of $90,300 for base services (Home Delivered Meals and Lunch Cafe Programs) and $9,700 for additional as needed services, in an amount not to exceed $100,000, for a term beginning July 1, 2026 and expiring June 30, 2027 (Agreement No. A-2026-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The City of Santa Ana has collaborated with Meals on Wheels (MOW) Orange County to provide the Home Delivered Meals and Senior Lunch programs to Santa Ana residents. MOW prepares and delivers three meals daily to the homes of homebound, frail, and socially isolated seniors in the City. A registered dietician plans the meals to assure 100% of the U.S. Nutritional Recommended Daily Allowance - consisting of breakfast, a cold lunch, and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery staff as well as the calls and/or visits from caseworkers who regularly check on their well-being. The Senior Lunch Program helps alleviate poor nutrition among the elderly population, especially prevalent among those who live alone and/or on a limited income. This nutrition program is normally available at two sites in Santa Ana (Santa Ana Senior Center and Southwest Senior Center) and seeks to enhance the physical and mental well-being of the elderly population by: • Encouraging a sense of dignity; • Providing stimulating activities and volunteer opportunities; and Senior Meals Program June 2, 2026 Page 2 • Augmenting participants' financial resources by providing donation-based meals. Meals on Wheels Orange County was selected by the County of Orange, effective July 1, 2024, to be the only provider of Older Americans Act Lunch Cafe (Congregate), Home Delivered Meals, Case Management, Transportation and In-Home Services in the County's Service Areas 1-4, which includes the City of Santa Ana in Service Area 3. Thus, Santa Ana is in the catchment area for these services. The funding the City provides helps maintain high serving levels for the Congregate programs provided at the two senior centers, the Santa Ana Senior Center and the Southwest Senior Center. It also has contributed to the ability to launch certain innovations for the benefit of Santa Ana residents, such as Lunch Cafe Select. Through this innovation, the Southwest Senior Center has been the first location in Orange County to offer a choice of two different lunch menus to the seniors. Furthermore, the City's funding helps maintain a robust level of services for Home Delivered Meals and provide homebound residents with a choice of menus such as Multi-cultural, Hispanic, Asian, Vegetarian, and Lactose-free. The agreement also provides $9,700 for as-needed meals/services during the term of the contract for special senior programs that may occur. The City of Santa Ana has partnered with MOW for over three decades and would like to continue this collaboration for another year. Santa Ana Municipal Code, Section 2-807(a), authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source. Staff researched available procurement options and product offerings in the market and determined that the Senior Meals Program offered by Community SeniorServ, Inc. dba Meals on Wheels Orange County meets the City's specifications. Staff recommends awarding an agreement with Community SeniorServ, Inc. dba Meals on Wheels Orange County (Exhibit 1). The non-profit organization leverages supplemental funding from external sources to support program operations and offset the full cost of services to the City. As a result, the partnership provides a cost-effective approach that maximizes available resources and expands community benefit beyond what could typically be achieved through a traditional procurement process. Through this collaboration, the City is able to enhance and add value to the overall services provided to residents. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Senior Meals Program June 2, 2026 Page 3 FISCAL IMPACT Funding will be budgeted and made available in the following account for the specified year, subject to City Council approval: Fiscal Accounting Accounting Unit Account Account Amount Year Unit Description Description FY 26-27 01113230 PRCSA-Recreation & 62300 General Fund $100,000 Comm. Svc, Contractual Services- Professional Total $100,000 EXHIBIT(S) 1. Agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency Approved By: Alvaro Nunez, City Manager AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNITY SENIORSERV, INC., DBA MEALS ON WHEELS ORANGE COUNTY FOR THE SENIOR MEALS PROGRAM THIS AGREEMENT is made and entered into on this 2nd day of June, 2026 by and between Community SeniorServ, Inc. a California nonprofit corporation dba Meals on Wheels Orange County ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor to participate in delivering meals to homebound senior residents and providing meals for senior residents at City senior centers. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor will deliver a total of three nutritious meals, five days a week, to participants' homes along with case management services through the Home Delivered Meal Program ("HDM"). In addition, Contractor will deliver nutritional lunches to participants at the Southwest Senior Center and Santa Ana Senior Center as part of the Lunch Caf6 (Grab & Go) Program. All participants in the program will be enrolled through the City of Santa Ana Parks, Recreation and Community Services Agency. Programs shall operate as outlined in the attached Exhibit A, attached hereto and incorporated by reference. In the event of a reduction in federal, state, and/or other governmental funding, Contractor may modify the number of meals provided per day, the number of service days per week, and/or the number of unduplicated participants. Contractor shall notify the City of any planned modifications 30 days prior to implementation. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed One Hundred Thousand Dollars and 00/100 ($100,000.00). The sum is compromised of(1) the base amount of$90,300.00 Pagel of 8 #2173368v1 and (2) a contingency in the amount of$9,700.00 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2026 and terminate on June 30, 2027, unless terminated earlier in accordance with Section 15, below. The parties agree that certain specified sections of this Agreement will survive termination or expiration of the Agreement. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 #2173368vl 6. INSURANCE Insurance requirements are attached hereto as Exhibit S. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1)for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code ,Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three Page 3 of 8 #2173368vl (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a) has been disclosed in publicly available sources; (b)is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. Page 4 of 8 #2173368vl e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable Iaw, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to Page 5of8 #2173368vl deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, Iicenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 6of8 #2173368v1 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Parks, Recreation, and Community Services City of Santa Ana 20 Civic Center Plaza(M-23) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Community SeniorServ, Inc. dba Meals on Wheels Orange County Attn: Holly Hagler,President& CEO 1200 North Knollwood Circle Anaheim, CA 92801 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on following page] Page 7 of 8 #2173368vl SIGNATURE PAGE FOR AGREEMENT WITH COMMUNITY SENIORSERV, INC., DBA MEALS ON WHEELS ORANGE COUNTY FOR THE SENIOR MEALS PROGRAM IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CIT"t' OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney ffOUG tfag By; Haller(Apr 1� GeY 2026 15 52:33 PDT) J� an T. Martinez Holly Hagler /Assistant City Attorney President & CEO RECOMMENDED FOR APPROVAL: Hawk Executive ctor �� Parks, Recreation, and Community Services Agency Page 8 of 8 #2173368vl EXHIBIT A SCOPE OF SERVICES #2173368v1 CITY OF SANTA ANA Scope of Work Name of Organization Meals on Wheels Orange County Name of Funded Program Nutrition Programs and Support Services Annual Accomplishment Goal I. Total number of unduplicated Participants(Santa Ana and Non-Santa Ana participants)anticipated to be served by the funded program, named above,during the contract period,from July 1, 2026-June 30,2027. 8546 Participants 11. Number of ONLY unduplicated Santa Ana Participants to be served by the funded program, named above,during the contract period,from July 1,2026-June 30, 2027. 420 Participants Program and Fundiniz Description Ill. Description of Work-In the space below,describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period? Please be concise in your response. Only the viewable space will print. For FY 26-27,Santa Ana discretionary funds not to exceed$100,000($90,300 for base services [Home Delivered Meals and Lunch Cafe Programs]and$9,700 for additional as needed services)will support the Horne Delivered Meals, Lunch Cafe,and In-Home Services programs.These funds will be used for raw food and meal supplies costs necessary to provide Home Delivered and Lunch Cafe meals, as well as costs associated with in-home services rendered to Santa Ana older adult participants from July 1,2026-June 30,2027. Home Delivered Meal Program: Participants in the HDM Program will receive three nutritious meals,5 days a week delivered to their home along with case management services. Paid and volunteer drivers will deliver meals.Eligibility and case management services will be provided by Meals on Wheels Orange County Case Managers.Participants will also have access to other services at no charge including in-home services,respite services,home safety equipment,and other resources. Lunch Cafe Program: Participants in this Program will be provided with nutritional lunches at two sites in Santa Ana-Southwest Senior Center and Santa Ana Senior Center. In-Home Services: All seniors in Santa Ana including those receiving home delivered meals may have access to in-home services including homemaking, personal care,and chore.These services are authorized by a Case Manager to qualifying individuals to enhance their independent living. Schedule of Performance Estimate the number of ONLY unduplicated Santa Ana participants to be served bythe funded program during the 12- month contract period per quarter. (Enter number of new Santa Ana Participants served each quarter. If they were served in quarter 1,do not count them again in quarter 2) Quarter 1:July 1-September 30 105 Participants Quarter 2:October 1-December 31 105 Participants Quarter 3:January 1-March 31 105 Participants 105 Participants Quarter4:April 1-June 30 420 Total unduplicated Santa Ana Participants to be served. Estimated Invoicing $25,000 Quarter 1:July 1-September 30 $25,000 Quarter 2:October 1-December 31 $25,000 Quarter 3:January 1-March 31 $25,000 Quarter4:April 1 Aune 30 $100,000 Total includingoontingency Exhibit A Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS #2173368v1 Insurance Requirements Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • 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 & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. Contractor attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided,reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks, Recreation, and Community Services Agency, 20 Civic Center Plaza M-23, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide 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 authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits,based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.