AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS TO PROVIDE
STATE LEGISLATION ADVOCACY SERVICES
THIS AGREEMENT is made and entered into on this 3rd day of February,2026 by and between Townsend Public Affairs,Inc.,a Californiacorporation(“Consultanf’)and theCityof SantaAna, a chartercityand municipalcorporationorganizedand existingunder the Constitution and laws of the Stateof California(“City”).
RECITALS
On December 1,2025 theCityissuedRequest forProposalNo. 25-142 seeking to retaina Consultanthavingspecialskilland knowledgetoprovidestrategicgovernment affairsand statelegislationadvocacy serviceson behalfof theCity.
A.
Consultant submitted a responsiveproposal that was selectedby the City. Consultant representsthatitisableand willingtoprovidetheservicesdescribedinthe scope of work thatwas includedin RFP No. 25-142, which isattachedhereto as Exhibit A. Consultant’s responsiveproposaltoRFP No. 25-142 shallbe incorporatedhereinby referenceas though fullyattachedtothisAgreement.
B.
In undertakingthe performance of thisAgreement, Consultantrepresentsthat it is knowledgeable in itsfieldand thatany servicesperformed by Consultant under this Agreement willbe performed in compliance with such standardsas may reasonablybe expectedfrom a professionalconsultingfirminthefield.
C.
NOW THEREFORE, inconsiderationofthemutual and respectivepromises,and subject to the terms and conditions hereinafter set forth,the partiesagree as follows:
1. SCOPE OF SERVICES
Consultantshallperform during the term of thisAgreement, the tasksand obligations includingalllabor,materials,tools,equipment, and incidentalcustomary work requiredto fully and adequatelycomplete the servicesdescribedand setforthin Exhibit A, attachedhereto and incorporatedby reference.
2. COMPENSATION
Cityagreestopay, and Consultantagreestoacceptas totalpayment foritsservicesfor City,the ratesand charges identifiedin Exhibit B. The totalamount to be expended duringtheterm of thisAgreement shallnot exceed $375,000.
A.
Payment by City shallbe made withinforty-five(45)days followingreceiptof proper invoiceevidencingwork performed,subjectto City accountingprocedures.Cityand Consultantagreethatallpayments due and owing under thisAgreement shallbe made throughAutomated ClearingHouse (ACH) transfers.Consultantagreesto executethe City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verificationof thedataprovided,the City willbe authorizedto
B.
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deposit payments directlyinto Consultant’saccount(s)with financial institutions.
Payment need not be made forwork which failstomeet the standardsof performance setforthin the Recitalswhich may reasonablybe expected by City.
3. TERM
This Agreement shallcommence on March 1,2026 fora three(3)yearterm withtheoption for the City to grantup to two (2) one (1) year extension(s),exercisableby a writingby the City Manager and theCityAttorney,unlessterminatedearlierin accordance with Section 15,below.
4. INDEPENDENT CONTRACTOR
Consultant shall,during the entireterm of this Agreement, be construed to be an independentConsultantand not an employee of theCity.This Agreement isnotintendednor shall itbe construed to create an employer-employee relationship,a jointventure relationship,or to allow theCityto exercisediscretionor controlovertheprofessionalmanner inwhich Consultant performs the serviceswhich arethe subjectmatter of thisAgreement; however, the servicesto be providedby Consultantshallbe providedina manner consistentwith allapplicablestandardsand regulationsgoverningsuch services.Consultantshallpay allsalariesand wages, employer'ssocial securitytaxes,unemployment insurance and similartaxes relatingto employees and shallbe responsibleforallapplicablewithholdingtaxes.
5. OWNERSHIP OF MATERIALS
This Agreement createsa non-exclusiveand perpetuallicensefor City to copy, use, modify, reuse,or sublicenseany and allcopyrights,designs,and other intellectualproperty embodied in plans,specifications,studies,drawings, estimates,and other documents or works of authorshipfixedin any tangiblemedium of expression,includingbut not limitedto,physical drawings or datamagneticallyor otherwiserecorded on computer diskettes,which areprepared or caused to be preparedby Consultantunder thisAgreement (“Documents & Data”). Consultant shall require all subcontractorsto agree in writing that City is granted a non-exclusive and perpetuallicensefor any Documents & Data the subcontractorprepares under thisAgreement.
Consultant representsand warrants that Consultant has the legalrightto licenseany and all Documents & Data. Consultant makes no such representationand warranty in regard to Documents & Data which were providedto Consultantby the City. City shallnot be limitedin any way in itsuse of the Documents and Data at any time,provided thatany such use not within thepurposesintendedby thisAgreement shallbe atCity’ssolerisk.
6. INSURANCE
Insurance requirements are attachedheretoas Exhibit C.
INDEMNIFICATION7.
Consultant agreesto defend, and shallindemnify and hold harmless the City,itsofficers, agents,employees, eontractors,specialcounsel,and representativesfrom liability:(1)forpersonal
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injury,damages, justcompensation, restitution,judicialor equitablereliefarisingout of claims for personalinjury,includingdeath,and claims for propertydamage, which may arisefrom the negligentoperationsof the Consultant,itssubcontractors,agents,employees, or other persons actingon itshehalfwhich relatesto the servicesdescribedin section1 of thisAgreement; and (2) from any claim thatpersonalinjury,damages, justcompensation,restitution,judicialor equitable reliefisdue by reason of the terms of or effectsarisingfrom thisAgreement. This indemnity and hold harmlessagreement appliesto allclaimsfordamages, justcompensation,restitution,judicial or equitablereliefsuffered,or allegedto have been suffered,by reason of the eventsreferredto in thisSectionor by reasonof theterms of,or effects,arisingfrom thisAgreement. The Consultant furtheragreesto indemnify,hold harmless,and pay allcostsforthedefenseof theCity,including feesand costsforspecialcounseltobe selectedby theCity,regardingany actionby a thirdparty challengingthe validityof thisAgreement, or assertingthatpersonalinjury,damages, just compensation, restitution,judicialor equitablereliefdue to personal or property rightsarisesby reason of the terms of,or effectsarisingfrom thisAgreement. City may make allreasonable decisionswith respectto itsrepresentationin any legalproceeding.Notwithstandingtheforegoing, to theextentConsultant’sservicesaresubjectto CivilCode Section2782.8,theabove indemnity shallbe limited,to the extentrequiredby CivilCode Section 2782.8, to claims thatariseout of, pertainto,or relateto the negligence,recklessness,or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shalldefend and indemnify the City,itsofficers,agents,representatives,and employees againstany and allliahility,includingcosts,forinfringementof any United States’ letterspatent,trademark,or copyrightinfringement,includingcosts,containedinthework product or documents provided by Consultantto the City pursuantto thisAgreement.
9. RECORDS
Consultant shallkeep records and invoicesin connection with the work to be performed under thisAgreement. Consultantshallmaintaincomplete and accuratereeordswith respectto the costs incurredunder thisAgreement and any services,expenditures,and disbursements charged to the City fora minimum periodof three(3)years,or forany longerperiodrequiredby law, from the date of finalpayment to Consultantunder thisAgreement. All such recordsand invoices shallbe clearlyidentifiable.Consultant shallallow a representativeof the City to examine, audit,and make transcriptsor copiesof such recordsand any otherdocuments created pursuant to thisAgreement during regularbusinesshours. Consultantshallallow inspectionof all work, data,documents, proceedings,and activitiesrelatedtothisAgreement fora periodof three (3)yearsfrom thedateof finalpayment to Consultantunder thisAgreement.
10. CONFIDENTIALITY
If Consultantreceivesfrom the City informationwhieh due to the nature of such information isreasonably understood to be confidentialand/orproprietary.Consultantagreesthat itshallnot use or disclosesuch informationexcept in the performance of thisAgreement, and furtheragreesto exercisethe same degree of care ituses to protectitsown informationof like importance, but in no event lessthan reasonable care. This includesany sharingof Confidential
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Informationbetween Consultant and any of itsparent companies or subsidiaries.
Information”shallincludeallnonpublicinformation.Confidentialinformationincludesnot only written information, but also information transferredorally,visually,electronically,or by other means. Confidentialinformationdisclosedto eitherpartyby any subsidiaryand/oragentof the otherpartyiscovered by thisAgreement. The foregoingobligationsof non-use and nondisclosure shallnot apply to any informationthat(a)has been disclosedin publiclyavailablesources;(b)is, through no faultof the Consultantdisclosedin a publiclyavailablesource;(c) is in rightful possessionof the Consultantwithout an obligationof confidentiality;(d)isrequiredtobe disclosed by operationof law; or (e)is independentlydeveloped by the Consultantwithout referenceto information disclosedby the City.
Confidential
11. CONFLICT OF INTEREST CLAUSE
Consultantcovenants thatitpresentlyhas no interestsand shallnot have interests, director indirect,which would conflictin any manner with performance of services specifiedunder thisAgreement.
a.
b. No immediate family members of eitherthe Mayor, City Council Member, or any appointed City Official,including appointed board and commission members, as definedunder the City’sMunicipal Code, whose positionwith the City shallaward or influencethe award of thisAgreement, or any competing contract or amendment thereof,shallbe employed in any capacityby the Consultant or have any other direct or indirectfinancialbenefitor interestinthisAgreement.
The sectionalso prohibitsthe awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-timeemployee forone-year from date of employee separationexcept forany CalPERS retireeas authorizedby City Council resolution
c.
d. The Consultant must comply with all conflictof interestlaws, ordinances, and regulationsnow in effector hereafterto be enacted during the term of thisAgreement.
The Consultant warrants that it is not now aware of any factswhich conflictwith the prohibitionsdefinedabove.IftheConsultanthereafterbecomes aware of any factsthat might reasonablybe expected to createa conflictof interest,itmust immediately make fullwrittendisclosureof such factsto the City.Fullwrittendisclosuremust include, but isnot limitedto,identificationof allpersons implicatedand a complete description of allrelevantcircumstances.Failureto comply with the provisionsof thisparagraph willbe a materialbreach of thisAgreement.
Consultant covenants that none of itsdirectors,officers,employees, or agents shall participateinselectingor administratingany subcontractsupported(inwhole or inpart) by City funds stemming from the Agreement where the awarding of the subcontract has any director indirectfinancialbenefitor interestto any individual,as defined in subsections(b)and (c)above.
e.
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12. NON-DISCRIMINATION
Consultant shallnot discriminatebecause of race,color,creed,religion,sex,maritalstatus, sexual orientation,gender identity,gender expression,gender, medical conditions,genetic information,or militaryand veteranstatus,age,nationalorigin,ancestry,or disability,as defined and prohibitedby applicablelaw, in the recruitment,selection,teaching,training,utilization, promotion,terminationor otheremployment relatedactivitiesor any servicesprovided under this Agreement. Consultantaffirmsthatitisan equal opportunityemployer and shallcomply with all applicablefederal,stateand locallaws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement representsthe complete and exclusivestatementbetween the City and Consultant,and supersedesany and allotheragreements,oralor written,between theparties.In the event of a conflictbetween theterms of thisAgreement and any attachmentshereto,the terms ofthisAgreement shallprevail.ThisAgreement may notbe modifiedexceptby writteninstrument signed by the City and by an authorizedrepresentativeof Consultant.The partiesagree thatany terms or conditionsof any purchase orderor otherinstrument that are inconsistentwith, or in addition to,the terms and conditions hereof, shallnot bind or obligateConsultantor theCity.Each party to this Agreement acknowledges that no representations,inducements, promises or agreements,orallyor otherwise,have been made by any party,or anyone actingon behalfof any party,which isnot embodied herein.
14. ASSIGNMENT
Inasmuch as thisAgreement is intended to secure the specializedservicesof Consultant, Consultantmay not assign,transfer,delegate,or subcontractany interesthereinwithouttheprior writtenconsent of the City and any such assignment,transfer,delegationor subcontractwithout the City'spriorwrittenconsent shallbe considerednulland void. Nothing inthisAgreement shall be construedto limitthe City’sabilityto have any of the serviceswhich arethe subjectto this Agreement performed by City personnel or by other Consultantsretainedby City.
15. TERMINATION
This Agreement may be terminatedby the City upon thirty(30) days writtennoticeof termination. In such event. Consultant shallbe entitledtoreceiveand theCity shallpay Consultant compensation for all servicesperformed by Consultantprior to receiptof such notice of termination,subjectto the following conditions:
As a conditionof such payment, the Executive Directormay requireConsultant to deliverto the City allwork product(s)completed as of such date,and in such case such work productshallbe the propertyof the Cityunlessprohibitedby law, and Consultant consents to the City'suse thereoffor such purposes as the City deems appropriate.
Payment need not be made for work which failsto meet the standard of performance specifiedin the Recitalsof thisAgreement.
a.
b.
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16. WAIVER
No waiver of breach,failureof any condition,or any rightor remedy containedin or grantedby theprovisionsof thisAgreement shallbe effectiveunlessitisinwritingand signedby thepartywaiving thebreach,failure,rightorremedy. No waiver of any breach,failureor right,or remedy shallbe deemed a waiver of any otherbreach,failure,rightor remedy, whether or not similar,nor shallany waiver constitutea continuingwaiver unlessthe writingso specifies.
17. JURISDICTION - VENUE
This Agreement has been executedand deliveredintheStateof Californiaand thevalidity, interpretation,performance,and enforcement of any of the clauses of thisAgreement shallbe determinedand governed by the laws of the Stateof California.Both partiesfurtheragree that Orange County, California,shallbe thevenue forany actionor proceeding thatmay be brought or ariseout of,inconnectionwith or by reasonof thisAgreement.
18. PROFESSIONAL LICENSES
Consultantshall,throughoutthe term of thisAgreement, maintain allnecessary licenses, permits,approvals,waivers,and exemptionsnecessaryfortheprovisionof theserviceshereunder and requiredby the laws and regulationsof the United States,the Stateof California,the City of SantaAna and allothergovernmentalagencies.ConsultantshallnotifytheCityimmediatelyand in writing of itsinabilityto obtain or maintain such permits,licenses,approvals,waivers, and exemptions. Said inabilityshallbe cause forterminationof thisAgreement.
19. NOTICE
Any notice,tender,demand, delivery,or othercommunication pursuantto thisAgreement shallbe in writingand shallbe deemed to be properlygiven ifdeliveredin person or mailed by firstclassor certifiedmail,postage prepaid,or sentby fax or othertelegraphiccommunication in themanner providedin thisSection,tothefollowingpersons:
To City;
CityClerk
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
Cityof Santa Ana
20 Civic Center Plaza (M-31)
P.O. Box 1988
Santa Ana, California92702
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To Consultant:
Townsend Public Affairs
Attn;ChristopherTownsend, President
925 L Street
Sacramento CA 95814
A partymay change itsaddressby givingnoticeinwritingto theotherparty.Thereafter, any communication shallbe addressed and transmittedto the new address. If sent by mail, communication shall be effective or deemed to have been given three(3)days afterithas been deposited in the United Statesmail, duly registeredor certified,with postage prepaid, and addressedas setforthabove. Ifsentby fax,communication shall be effective or deemed to have been giventwenty-four(24)hours afterthetime setforthon thetransmissionreportissuedby the transmittingfacsimilemachine, addressedas setforthabove. For purposes of calculatingthese time frames,weekends, federal,state,County or Cityholidaysshallbe excluded.
20. MISCELLANEOUS PROVISIONS
Each undersignedrepresentsand warrantsthatitssignatureherein below has the power, authorityand rightto bind theirrespectivepartiesto each of the terms of thisAgreement, and shallindemnify City fully,includingreasonable costs and attorney’sfees,for any injuriesor damages to City in the event thatsuch authority or power isnot,in fact,held by thesignatoryor is withdrawn.
All Exhibits referenced herein and attached hereto shallbe incorporatedas iffully setforthin the body of thisAgreement.
a.
b.
IN WITNESS WHEREOF, the partiesheretohave executed thisAgreement the date and year firstabove written.
ATTEST: CITY OF SANTA ANA
Alvaro Nunez
City Manager
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM.
SONIA R. CARVALHO
City Attorney
CONSULTANT:
By:
Jonathan T. Martinez
AssistantCity Attorney
ChristopherTownsend
President
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EXHIBIT A
SCOPE OF SERVICES
CITY OF SANTA ANA
EXHIBIT A
SCOPE OF SERVICES
Consultant shallperform services as set forth below.
SCOPE OF SERVICES
Work with the CityCouncil,the City Manager, and other City staffto discuss goals,objectives,opportunities and priorities.
1. Advocate the City'spositionto members of the State Assembly, State Senate, State agencies,and other interestedparties.Identifyopportunitiesfor elected officialsand Cityofficialsto participateinthe legislative process and make recommendations. Those opportunitiesinclude, but are not limitedto, communication to legislators,providing testimony at legislativehearings,and communication with the Governor and the Governor's staff.
2. Support a positiverelationshipwith the Governor's office.State Legislature,Governor's office,and other State agencies.Assistinestablishingrelationsbetween councilmembers/Citystaffand legislativepersons,including chairs and consultants of key committees and other important policymakers.
3. Provide sufficientsupport to lobby aggressivelyon any number of legislativeprioritiesas determined by City.
Support includesproactivelysearching for potentiallegislativemechanisms relatingto those topics and affectingthe outcome of those proposals.
4. At the request of the City,research,provide information,and prepare written reports on a varietyof topics, including,but not limitedto the following:
a. State laws/regulationsor proposed legislation
b. Legislativehearings,reports,and testimony
c. Statefunding opportunities
d. Reporting and data that may impact Cityoperations
5. Provide updates on state legislationthat affectsthe City'slegislativepriorities,particularlythose included in the City'sLegislativePlatform.Identifypotentialfuture legislativeissuesor opportunitiesthat may interest the City,and help positionthe City to benefit from new laws/regulations/policies,programs, or funding opportunities.
6. Lobby for the City'spositionon legislationand regulatorymatters of interestincluding attendance at key legislativehearings and expressingthe City'spositionat these hearings.
7. When appropriate,coordinateand cooperate with other organizations,municipalities,companies and firms having similarlegislativeobjectivesas the City.Where appropriate, advocate positionson legislationand work to secure language inlaw that willadvance the City'sinterests.
8. CITY OF SANTA ANA
Provide the City with copies of bills(introduced or amended) or proposals pertaining to issues of concern/interestto City,particularlythose affectingor relatingto City'sLegislativeProgram.
9. Track said legislationand provide the Citywith advance notice of hearings or criticalactions relatingto those billsor issues.At the request of the City,prepare briefingmaterialssuch as memos summarizing legislation.
10. At the request of the City,assistwith draftingpositionletterson legislationor language for City policy resolutions.
11. Coordinate meetings with State Legislatorsand state agency leaders to provide the Citythe opportunity to meet with key decision-makers on pertinent City issues.
12. Provide regular updates on the politicallandscape in Sacramento to help provide context, and identify opportunitiesand potentialissues.Provide monthly reportsof activitiespursued or accomplished on behalf of the City.
13. Arrange for an annual visitto the Cityof Santa Ana for a legislativecommittee meeting and/or to meet with the CityManager and/or designatedCityofficials.
14. Prepare and fileallapplicableFairPoliticalPracticesCommission lobbying documents and reportswithin all applicable deadlines, per the provisionsof the PoliticalReform Act of 1974 as amended. Provide the City notificationof any changes or modifications that may be pertinent.
15. EXHIBIT B
COST PROPOSAL
EXHIBIT B - COST PROPOSAL
ALL-INCLUSIVE RETAINER:
DESCRIPTION OF SERVICES MONTHLY FEE
$6,250*State Legislative Advocacy Services
IncludedConduct Detailed Orientation
IncludedDevelop LegislativeStrategy
Implement the LegislativeStrategy Included
Build and Strengthen Relevant Relationships Included
Leverage Relationships for StrategicAdvocacy Plan
Coordinate Advocacy Trips
Track Legislation
CraftTestimony and PositionLetters
DraftBillLanguage
State Budget Funding Opportunities
Provide Progress Reports
Prepare and FileLobbying Disclosure Reports
Included
Included
Included
Included
Included
Included
Included
Included
*The monthly fee includes allreasonable business and travelexpenses.
ANNUAL NOT-TO-EXCEED AMOUNT: $75,000
© ProposalforSlateLegislativeAdvocacyServices|City of Santa Ana X
EXHIBIT C
INSURANCE REQUIREMENTS
Insurance Requirements - Exhibit C
Priortoundertakingperformanceof work underthisAgreement, Consultantshallmaintainand shallrequireany subcontractorsto obtainand maintaininsurance as described below for the entire Term of thisAgreement againstclaimsforinjuriesto personsor damage topropertywhich may arisefrom or in connection with services,products and materialssuppliedto City.Totalcostof such insuranceshallbe borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01coveringCGL on an “occurrence”basis,includingproductsand completed operations, propertydamage, bodilyinjuryand personal& advertisinginjurywith limitsno lessthan $1,000,000per occurrenceand $2,000,000aggregate.Required policylimitscan be met with primaryand umbrella/excessinsurancepolicies.
2. Automobile Liability(AL); InsuranceServicesOfficeForm CA 00 01 coveringCode 1 (any auto),with limitsno less than $1,000,000 combined single limits.In the event Consultant does not maintain commercial automobile liabilityinsurance.Citywillaccept evidence of personalautomobile insurance,provided that such policy is endorsed for businessuse and providescoverage with a minimum limitof $1,000,000.Required policy limitscan be met with primary and umbrella/excessinsurancepolicies.
3. Workers’ Compensation (WC): as requiredby the Stateof California,with Statutory Limits, and Employer’s LiabilityInsurance with limitof no less than $1,000,000 per accident,policyor employee, for bodily injuryor disease.Coverage is not requiredif Consultanthas no employees and signsrequestto waive such insurance.
4. ProfessionalLiability(PL): with limitsno lessthan $1,000,000per occurrenceor claim, and $ 1,000,000 aggregate.
IfConsultantmaintains broader coverage and/orhigher limitsthan the minimum requirementsfor each lineof coverage shown above.City requiresand shallbe entitledto the broadercoverage and/orthehigherlimitsmaintained by Consultant.Any availableinsuranceproceeds in excess of the specifiedminimum limitsof insuranceand coverage shallbe availableto City.
Other Insurance Provisions
The above requiredinsurance policiesare to contain or be endorsed to containthe following provisions:
1. City,itsCity Council,itsofficers,officials,employees, agents,and volunteersare to be covered as additional insureds, under Consultant’s CGL and AL policies,with respectto any liabilityarisingoutof work or operationsperformedby or on behalfof theConsultant includingmaterials,parts,equipment, and personnel furnished in connection with such work or operations.
2. Consultant’sInsurance company(ies) agrees to waive allrightsof subrogationagainstCity, itsCity Council,itsofficers,officials,employees, agents,and volunteersforlossespaid Insurance Requirements - ExhibitC
under the terms of Consultant’sCGL, AL, and WC policieswhich arise from work performedby ConsultantunderthisAgreement.
For any claimsrelatedto thiscontract,Consultant’sinsurance coverage shallbe primary and any insurancemaintainedby City,itsCityCouncil,itsofficers,officials,employees, agents,or volunteersshallnot contributewith it.
A severabilityof interestprovisionmust applyforallthe additionalinsureds,ensuringthat Consultant’sinsuranceshallapply separatelytoeach insuredagainstwhom a claim ismade or suitisbrought,exceptwith respecttotheinsurer’slimitsof liability.
Insurancepoliciesrequiredhereinshallprovidethatcoverage shallnot be canceled, suspended,voided,reduced in coverage or in limits,non-renewed by the carrier,or materiallychangedexeeptafterthirty(30)dayspriorwrittennoticehas been giventoCity.
Ten (10)days priorwrittennoticeshallbe providedto City forpolicycancellationor non renewal due tonon-payment of premium.
Certificate Holder on each Evidence of Insurance certificateshallbe: City of Santa Ana, Attention:City Manager’s Offiee,20 Civic Center Plaza,M-31, Santa Ana, CA 92701.
The name and locationofprojectmust be includedintheDeseriptionof Operationssection of each certificate.
3. 4.
5. 6.
Self-Insured Retentions
Self-insuredretentionsmust be declaredto and approved by the City.The City may requirethe Consultantto purchase coverage with a lower retentionor provideproof of abilityto pay losses and relatedinvestigations,claimadministration,and defenseexpenseswithintheretention.
Acceptabilityof Insurers
Insuranceisto be placed with insurersauthorizedto conduct business in the State of California with a currentA.M. Best ratingof no lessthan A:VII, unless otherwise aeceptableto City.
Verification of Coverage
Consultant shall furnish City with originalCertificatesof Insurance including all required amendatoryendorsements(orcopiesoftheapplicablepolicylanguageeffectingcoveragerequired by thisclause)and a copy of theDeclarationsand Endorsement Page of the CGL policylistingall policyendorsementsbeforework begins.However, failureto obtaintherequireddocuments prior to thework beginningshallnot waive Consultant’sobligationto provide them.
City reservesthe rightto requirecomplete,certifiedcopies of allrequiredinsurancepolicies, includingendorsements requiredby thesespecifications,at any time.
Special Risks or Circumstances
City reservesthe rightto modify theserequirements,includinglimits,based on thenatureof the risk,priorexperience,insurer,coverage,or otherspecialcircumstances.