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HomeMy WebLinkAboutItem 11 - Agreement for Scientific Polling and Communication Services City Manager’s Office www.santa-ana.org/cm Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 4, 2025 TOPIC: Scientific Polling Services AGENDA TITLE Agreement with True North Research, Inc. for Scientific Polling and Communications Services (Specification No. 25-105) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with True North Research, Inc. to provide scientific polling and communications services in an amount not to exceed $198,250, for a term beginning November 4, 2025 and expiring November 30, 2026, with provisions for two (2), one (1) year extensions. (Agreement No. A-2025-XXX) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION In November 2018, the City’s voters approved Measure X, a local sales tax add-on with a rate of 1.50%. The rate is set to decrease from 1.50% to 1.00% on April 1, 2029, decreasing the City’s revenue by as much as $30 million per year. The City will need to explore all available options to rebalance the budget. Options include reducing services, maximizing efficiencies, increasing fees, and asking the voters to preserve the local sales tax add-on rate at 1.50%. Staff recommends conducting a scientific baseline survey to enable the City Council to make sound, strategic decisions based upon data collected according to rigorous methodological standards. Request for Proposals (RFP) No. 25-105 was issued on August 6, 2025 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows: 275 Vendors notified 0 Santa Ana vendors notified 23 Vendors downloaded the RFP packet 7 Proposals received 0 Proposals received from Santa Ana vendors Scientific Polling Services November 4, 2025 Page 2 5 4 1 1 Proposals were solicited, opened on September 3, 2025, and evaluated. Five proposals were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Staff recommends awarding an agreement to the highest-ranked firm, True North Research, Inc. (Exhibit 1). True North Research, Inc. has significant experience with a large number of California cities, a competitive price proposal for polling services, and the ability to provide a full range of services after the initial poll; including public communications, graphics, and writing a ballot measure. In Phase 1 of the project, True North Research, Inc. will design and implement a survey that produces valid and reliable measures of opinion from the voting population. Using a stratified and clustered random sampling methodology, True North Research, Inc. will recruit participation via email invitations, text invitations, and telephone calls. Survey data will be collected by telephone or online participation in English, Spanish, or Vietnamese. A sample size of 600 completed surveys will achieve a +/- 4% margin of error at the 95% confidence level. The proposed agreement allows for a sample size of up to 800 completed surveys to test two different finance mechanisms at a cost of $38,250. The results of the baseline survey will be presented to City Council. If the survey results are promising and the City Council chooses to move forward to Phase 2 of the project, the agreement allows for the following optional services: Consulting on measure preparation, strategy, and communications at a cost of up to $80,000 ($10,000 per month for up to 8 months); A tracking survey in summer 2026 at a cost of $31,500; and Preparation and mailing of a single multilingual educational piece to all 64,115 registered voter households at a cost of $48,500. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding of $38,250 for the baseline survey is available in the current FY 2025-26 budget. If the City Council directs staff to move forward with Phase 2 activities with a cost of up to $160,000, staff may request an additional appropriation with the Midyear budget report. Fiscal Year Account Unit - Account # Fund Description Accounting Unit, Account Description Amount FY 25-26 01105015- 62300 General Fund Non-Departmental $38,250 Scientific Polling Services November 4, 2025 Page 3 5 4 1 1 EXHIBIT(S) 1. Agreement with True North Research, Inc. Submitted By: Kathryn Downs, Assistant City Manager Approved By: Alvaro Nuñez, City Manager AGREEMENT WITH TRUE NORTH RESEARCH,INC. FOR SCIENTIFIC POLLING SERVICES THIS AGREEMENT is made and entered into on this 4™day of November,2025 by and between True North Research,Inc.,a California corporation,(“Consultant”),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 On August 6,2025,the City issued a Request for Proposal No.25-105 (“REP”),by which the City sought a Consultant having skill and knowledge in the field of providing scientific polling services.The RFP is referenced herein as if incorporated in full. A. Consultant submitted a responsive proposal that was selected by the City.Consultant represents that it is able and willing to provide such services to the City as described in the scope of work that was included in the RFP. B. In undertaking the performance of this Agreement,Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. D. 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 Consultant shall perform during the term of this Agreement,the tasks and obligations including all labor,materials,tools,equipment,and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services -Exhibit A, attached hereto and incorporated by reference. 2.COMPENSATION City agrees to pay,and Consultant agrees to accept as total payment for its services for City,the rates and charges identified in Compensation -Exhibit B.The total amount to be expended during the term of this Agreement,including any extensions exercised between the parties for optional services,shall not exceed $198,250.This amount includes services rendered to perform the Baseline Services pursuant to Phase One. City shall compensate Consultant for optional Phase Two services requested,in writing,at the sole discretion of the City. a. 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 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH)transfers.Consultant agrees to execute the Page 1 of 9 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 direetly into Consultant’s account(s)with fmaneial 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 the date first written above and eontinue until November 30,2026 with the option for the City to grant up to two (2)one (1)year extensions, exereisable by a writing by the City Manager and the City Attorney,unless terminated earlier in aeeordance with Section 15,below. 4.INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement;however,the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services.Consultant 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 ereates 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 eomputer diskettes,which are prepared or eaused to be prepared by Consultant under this Agreement (“Documents &Data”).Consultant 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. Consultant represents and warrants that Consultant has the legal right to license any and all Documents &Data.Consultant makes no such representation and warranty in regard to Documents &Data which were provided to Consultant 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. a. b.City agrees and understands that Consultant is not obligated to produce,transmit,or otherwise provide to the City any raw data or the individual survey responses provided to Consultant for services rendered per this Agreement.All data,records,and Page 2 of 9 responses eollected by the Consultant from respondents participating in any surveys conducted,pursuant to the terms of this Agreement,contain the respondents’ confidential and personally identifiable information and shall remain the property of the Consultant. 6.INSURANCE Insurance requirements are attached hereto as Exhibit C. 7.INDEMNIFICATION Consultant 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 Consultant,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 and as a result of the negligence,errors,or omissions of the Consultant.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 and as a result of the negligence, errors,or omissions of the Consultant.The Consultant 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 and as a result of the negligence,errors,or omissions of the Consultant.City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,to the extent Consultant’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 Consultant. 8.INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City,its officers,agents,representatives,and employees against any and all liability,including costs,for infiingement of any United States’ letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9.RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement.Consultant shall maintain complete and accurate records with respect to Page 3 of 9 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 Consultant under this Agreement.All such records and invoices shall be clearly identifiable.Consultant 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.Consultant shall allow inspection of all work,data,documents,proceedings,and activities related to this Agreement for a period of three (3)years from the date of final payment to Consultant under this Agreement. 10.CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary.Consultant 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 eare 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 Consultant disclosed in a publicly available source;(c)is in rightful possession of the Consultant without an obligation of confidentiality;(d)is required to be disclosed by operation of law;or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11.CONFLICT OF INTEREST CLAUSE a.Consultant 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 Consultant 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 Consultant 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. Page 4 of 9 The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above.If the Consultant 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. e.Consultant 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 Consultant shall not discriminate beeause 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 law,in the recruitment,selection,teaching,training,utilization, promotion,termination or other emplo5mient related aetivities or any services provided under this Agreement.Consultant 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 Consultant,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 Consultant.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 eonditions hereof,shall not bind or obligate Consultant 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 Inasmueh as this Agreement is intended to secure the specialized serviees of Consultant, Consultant 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 Consultants retained by City. Page 5 of 9 15.TERMINATION This Agreement may be terminated by the City upon thirty (30)days written notiee of termination.In sueh event,Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination,subject to the following conditions: As a condition of such payment,the Executive Director may require Consultant to 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 Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. a. b. 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 Consultant 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.Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits,licenses,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 6 of 9 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O.Box 1988 Santa Ana,CA 92702-1988 With courtesy copies to: City Manager’s Office City of Santa Ana 20 Civic Center Plaza (M-31) P.O.Box 1988 Santa Ana,California 92702 To Consultant: True North Research,Inc. Attn:Timothy McLamey,Ph.D,President 1592 N.Coast Highway 101 Encinitas,CA 92024 A party may change its address hy 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 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. a. [signature page to follow] Page 7 of 9 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST:CITY OF SANTA ANA Jennifer L.Hall City Clerk Alvaro Nunez City Manager APPROVED AS TO FORM: SONIA R.CARVALHO City Attorney TRUE NORTH RESEARCH,INC. By: Timothy McLamey,Ph.D, President Page 8 of 9 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below. The City desires to conduct a baseline survey to better understand the public’s perception of services and budget priorities,assess the likelihood of success of one or more revenue ballot measures,and understand voter response to a potential revenue ballot measure. The successful Consultant,at a minimum,must provide all instruments,equipment,tools,personnel, and supervision required to complete the statistically valid survey/polling services outlined below. PUBLIC OPINION SURVEY The selected Consultant will have the necessary experience to assist the City in conducting a survey to assess the feasibility and probability of a successful revenue ballot measure in an upcoming election. Work includes,but is not limited to: Review the City’s culture,local voter and resident demographics,results on past revenue/ballot measures and other data sources. Research local tax proposals that may compete with Santa Ana’s potential revenue measure. Provide an analysis and recommendations regarding the best election cycle for a potential revenue ballot measure,considering voter engagement,timing,and community priorities. Design a survey questionnaire in English,Spanish,and Vietnamese,and establish statistically valid sampling and survey methods to assess community support for revenue measures and their perception of the City’s services and budget priorities. Conduct statistically valid surveys/polls to gauge support for revenue measures,ensuring availability in English,Spanish,and Vietnamese. Recommend appropriate sample sizes to achieve 95%and 97%confidence levels. Surveying/polling results must include the following; Highlight community support for specific projects and services,and preferred revenue measures. Provide statistical data and recommendations on potential revenue measure(s). Measure the effectiveness of subsequent public education and outreach efforts. Gauge how support would change based on the rate and level of revenue generated. Draft and present a comprehensive final report detailing polling results,findings,limitations and challenges,and recommendations.The Consultant will develop and make presentations of the results to staff,council members,or other key stakeholders. a. b. c. d. e. f. g- I. IV. h. COMMUNICATIONS AND REPORTING The Consultant will meet with City staff for a kick-off meeting to discuss the project.Regular meetings will be held with staff as polling questions are developed and reports are prepared to discuss issues, concerns,and recommendations.The Consultant must provide regular updates on analysis, recommendations,and project milestones. Before issuing the final report,the Consultant will meet with City staff to review the draft report and recommendations for presentation to the City Council.The Consultant will present data and recommendations at a regular City Council meeting determined by City staff. CITY OF SANTA ANA BALLOT MEASURE DEVELOPMENT AND STAKEHOLDER ENGAGEMENT If the City moves forward with the placement of a revenue measure on the November 2026 ballot,the scope of work includes assistance in developing the ballot measure,ordinance language,and public outreach.This includes review of City-developed information and education materials and identification of the most effective methods of information distribution for Santa Ana voters. The Consultant will assist with developing strategies and plans to inform and engage key internal stakeholder groups and influential external groups including elected leaders,business leaders.City leaders,community leaders,taxpayer groups,and others. EXHIBIT B COMPENSATION Fee Proposal ineluding hourly rates if applicable Cost Proposal For the City’s convenience,we have separated our proposed costs by phase. True North’s fixed-fee,not to exceed cost for conducting the baseline research (Phase 1)will be $32,500 assuming the survey is designed to test a single financial mechanism and employs a sample size of 600 completed interviews.If the City seeks to test two financial mechanisms,it will likely require a split-sample approach and larger sample size (800),in which case the cost for Phase 1 will be $38,250. If the Phase 1 survey results are promising and the City chooses to move forward with a revenue measure,the consulting costs for Phase 2 will have two components—a monthly fee of $1 0,000 for TeamCivX’s and Presidio’s consulting on measure preparation,strategy,coali tion building,and communications,and $31,500 for a tracking survey in summer 2026 to pro vide Council with up-to-date information prior to placing a measure on the ballot.Assuming an eight month engagement for Phase 2 Qanuary -August),the total consulting fees for Phase 2 will be $111,500. We will also recommend a separate budget for advertising,printing and production of informa tional materials.The cost to print and mail an informational brochure will depend on the struc ture and targeted audience.To prepare and mail a single multilingual piece to all 64,115 registered voter households in the City of Santa Ana will cost $48,500.If targeting a piece in a single language to appropriate households,the costs will be $31,000 for English-only house holds,$16,500 for Spanish language households,and $9,250 for Vietnamese language house holds.For budgeting purposes,most public agencies send two to three mailings per voter household during the ballot measure planning process. City of Santa Ana True North Research,Inc.©2025 EXHIBIT C Insurance Requirements Prior to undertaking performance of work under this Agreement,Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City.Total cost of such insurance shall be home by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 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 &advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.Required policy limits can be met with primary and umbrella/excess insurance policies. Automobile Liability (AL);Insurance Services Office Form CA 00 01 covering Code 1 (any auto),with limits no less than $1,000,000 combined single limits.In the event Consultant does not maintain commercial automobile liability insurance.City will accept evidence of personal automobile insurance. 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,policy or employee,for bodily injury or disease.Coverage is not required if Consultant has no employees and signs request to waive such insurance. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above.City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 2. 3. City,its City Council,its officers,officials,employees,agents,and volunteers are to be covered as additional insureds,under Consultant’s CGL and AL policies,with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials,parts,equipment,and personnel furnished in connection with such work or operations. Consultant’s Insuranee eompany(ies)agrees to waive all irghts of subrogation against City, its City Council,its officers,officials,employees,agents,and volunteers for losses paid under the terms of Consultant’s CGL,AL,and WC policies which arise from work performed by Consultant under this Agreement. For any claims related to this contract.Consultant’s insurance coverage shall be primary and any insurance maintained by City,its City Council,its officers,officials,employees, agents,or volunteers shall not eontribute with it. 1. 2. 3. A severability of interest provision must apply for all the additional insureds,ensuring that Consultant’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. Insurance policies 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 of premium. Certificate Holder on each Evidence of Insurance certificate shall be:City of Santa Ana, Attention:City Manager’s Office,20 Civic Center Plaza,M-31,Santa Ana,CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 4. 5. 6. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City.The City may require the Consultant 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 Consultant 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 before work begins.However,failure to obtain the required documents prior to the work beginning shall not waive Consultant’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. 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.