AGREEMENT WITH CALIFORNIA FORENSIC PHLEBOTOMY
TO PROVIDE BLOOD TECHNICIAN SERVICES
THIS AGREEMENT is made and entered into on this 17TH day of February, 2026 by and between California Forensic Phlebotomy, Inc., a California corporation (“Consultant”), and the C ity 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. On November 17, 2025, the City issued Request for Proposal No. 25-135 (“RFP”) seeking to retain a Consultant having special skill and knowledge in the field of providing blood technician services.
B. Consultant submitted a timely response and represents that it is able and willing to provide such services to the City per the scope of work detailed in the RFP, and attached hereto as Exhibit A to the Agreement.
C. In undertaking the performanc e 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.
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
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the initial term of this Agreem ent shall not exceed $374,030. Any remaining balance of the above referenced “not-to-exceed” amount may be subject for use during any optional extension term, per Section 3 below. Con sultant understands that any increase to the compensation amount lis ted here is subject to approval by the City Council of the City of Santa Ana
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 EXHIBIT 1
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 Consultant’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 March 5, 2026 and continue for a three (3) year term until March 4, 2029 with the option for the City to grant up to two (2) one (1) year extension(s), exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 whi ch 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 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 doc uments 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 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 sub contractor prepares under this Agreement.
Consultant represents an d 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.
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. Thi s 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 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 thi rd 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 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 indemni fy 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 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 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 th e 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 d ocuments 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 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 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 o f 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 aw ard 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 c onflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
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, empl oyees, 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 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 law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities 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 conditions 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
Inasmuch as this Agreement is intended to secure the specialized services 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.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such 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:
a. 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.
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
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:
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:
Santa Ana Police Department
Attn: Chief of Police
60 Civic Center Plaza
Santa Ana, California 92702
To Consultant:
California Forensics Phlebotomy
8285 E. E. Santa Ana Canyon Road
Suite 135-274
Anaheim Hills, CA 92808
Attn: Robert J. Vega, CEO
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 b een 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.
[signature page to follow]
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EXHIBIT A
SCOPE OF SERVICES
CITY OF SANTA ANA
Consultant shall perform services as set forth below.
I. Scope of Work
1. Contractor shall provide employees to draw blood in compliance with State approved medical procedures and in conformance with Title 17 of the California Code of Regulations, an d the directions and/or procedures established by the County of Orange at the request of the Santa Ana Police Department.
2. Contractor and/or its employees shall appear in any court in the County of Orange on twenty- four (24) hours notice (and in some instances with less than twenty-four (24) hours notice) at the request of the Orange County District Attorney or the City of Santa Ana , for the purpose of discussion or testimony concerning blood drawing/collecting samples and chain of custody.
Contractor agrees to provide the specific personnel requested by the City of Santa Ana for discussion or testimony concerning drawing/collecting samples and chain of custody. Contractor shall not be entitled to receive additional compensation for such appearances.
3. Contractor agrees that this Contract shall be non -exclusive in that the City of Santa Ana may contract with other persons, firms, or corporations to provide the same or similar services to those set forth herein; and Contractor may engage in performing the same or similar services for other public entities and individuals, provided, however, that Contractor shall not perform such services for other public entites or individuals if it interferes with Contractor's ability to provide services as required by this Contract. Contractor agrees it will not perform services for another public entity or individual if the possibility exists that Contractor or its employees would be required to provide testimony as to the conduct, analysis, and result of such draws in opposition to the same or similar draws conducted by it on behalf of the City of Santa Ana . In other words, Contractor shall not provide services to another public entity or individual that would create a conflict with the services provided to the City of Santa Ana under this Contract. In the event the City of Sa nta Ana has entered into contracts with other parties for the same or similar services, the City of Santa Ana may establish a rotation basis or other method of scheduling its requirements for services under such the City of Santa Ana and agrees to consult with Contractor in establishing such rotation and scheduling, but in any event, the decision of the City of Santa Ana with regard to thereto shall be final.
4. Contractor shall provide transportation for its employees, blood sample request forms, and all other materials necessary to provide services as set forth herein at no additional cost to the City of Santa Ana .
5. Contractor shall provide all medical supplies and equipment necessary to draw blood under this Contract. Such supplies shall consist of the following:
a. Cotton balls, tourniquets, glue sticks, vinyl / latex / and/or nitrile gloves, surgical tape, sanicloths, sani-dex wipes, fingerprint pads, test tube racks, seal cutter, disposable laboratory coats, face shields, cleaning solution, syringes, needles, "Sharps" containers, and any other materials or supplies deemed necessary for drawing blood with state approved medical procedures and in conformance with the methods the County of Orange has on file with the California Department of Health Services, and the directions and/or procedures established by the County of Orange.
6. Contractor and its employees shall print legibly, in ink, on all forms, envelopes, and labels, and shall include the subject's name, the reques ting agency, and the requesting agency's case number where available. Contractor's employees shall also verify that the chain of custody is
EXHIBIT A
SCOPE OF SERVICES
CITY OF SANTA ANA
complete and legible. Contractor's employees shall properly affix seals to blood vials and shall properly seal blood kits and urine kits.
7. All blood samples (urine samples) shall be refrigerated upon collection and shall remain refrigerated until deposited in the Sheriff-Coroner Crime Lab Refrigerator. Contractor shall provide the supplies necessary to insure that blood samples are refrigerated and transported as required by the County of Orange and this Contract, at no cost to the City of Santa Ana .
8. All blood samples (urine samples) shall be deposited in the Sheriff-Coroner Forensic Refrigerator located at 320 N. Flower St. Santa Ana, CA 92703 prior to the end of the employees work period or prior to 6:00 A.M. (Pacific Time), whichever comes sooner.
9. Contractor's employees shall draw as much blood as possible to fill blood kit vials.
10. "Dry Runs" (defined as a blood draw attempt with no blood collected) and empty blood vials shall not be compensated by the City of Santa Ana . The exact number of dry runs is unknown and cannot be determined in advance, but Contractor must anticipate a certain percentage of calls for assistance under this Contract will result in Dry Runs.
II. Qualification of Contractor's Employees
• 1. Contractor's employees providing services under this Contract shall be licensed to draw blood in compliance with all laws and regulations of the State of California , including, but not limited to, California Vehicle Code section 23158. Contractor's employees and procedures shall be in compliance with Orange County Sheriff-Coroner methods on file with the California Department of Health Services .
2. Contractor's employees are subject to security clearance by County of Orange. Acceptability of background investigation results shall be at the sole discretion of the County of Orange. If the security clearance of a Contractor employee is determined to be unacceptable, Contractor agrees that said employee will not provide services under this Contract.
III. Coverage
1. Contractor shall provide coverage to perform the services herein described, twenty four (24) hours a day, seven (7) days a week, and three hundred sixty-five (365) days a year (366 in leap years), during the Contract term. Such services shall be provided at the request of the City of Santa Ana within the County of Orange.
2. Contractor shall maintain a single local telephone number staffed, twenty-four (24) hours a day, seven (7) days a week, and three hundred sixty-five (365) days a year (366 in leap years) to provide service under this Contract and to receive requests for service. Contractor may use an answering service only if it provides immediate notification and r esponse, and is subject to the time limits set forth in Section III, Coverage, paragraphs 4 and 5.
3. Contractor's employees shall respond, when requested, to any and all locations within the County of Orange, including, but not limited to: 1) Santa Ana Police Department, 2) Orange County hospitals, 3) DUI check points, and 4) Saturation Patrol Areas.
4. Contractor's employees shall arrive at a call for service within the City of Santa Ana within forty-five (45) minutes of Contractor being notified of the request. Notification includes, but is not limited to, notification directly or through a telephone call to Contractor answering service, unless Contractor already has personnel performing services at that location.
5. Contractor's employees shall arrive at a call for service at any location other than Intake Release Center within sixty (60) minutes of Contractor being notified of the request, including, but not
CITY OF SANTA ANA
limited to, notification directly or through a telephone call to Contractor's answering service, unless Contractor already has personnel performing services at that specific location.
6. Contractor shall maintain sufficient employees in an "On-Call" status to meet the requirements of Section III, Coverage, paragraphs 4 and 5 at all times. The City of Santa Ana agrees that all calls for service shall be made through the Santa Ana Police Department dispatcher, except for blood samples collected in relation to traffic collisions with injury and/or other violations of the California Penal Code. In the case of a delayed response by Contractor's employee, the requesting officer shall notify dispatch on the arrival of Contractor's employee, and if further delay occurs, on the initiation of services.
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
EXHIBIT B – COST PROPOSAL
CITY OF SANTA ANA
Line
Item
Description Quantity Unit of
Measure
Unit
Cost
1 Blood Draw 1 PER $155.00
2 Urine Test Transport 1 PER $110.00
3 Sit-down assignment 1 Hou rly $145.00
D
esired Term: Initial with renewal periods. Renewal pricing will be based on the most current Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted.
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EXHIBIT C
INSURANCE REQUIREMENTS
EXHIBIT C – Insurance Requirements
Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Consultant 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 comp leted 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), w ith combined single limits of $1,000,000. In the event Consultant 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 Consultant has no employees.
If Consultant 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 Consultant. Any available insurance proceeds in e xcess 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 Consultant 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 f or losses paid under the terms of any policy which arise from work performed by Consultant for City.
3. All required insurance policies: 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 contribute with it.
4. All required insurance policies: 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.
EXHIBIT C – Insurance Requirements
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: Santa Ana Police Department, 60 Civic Center Pl aza, 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 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 to Entity 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.
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 prio r to the contract effective date, Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Subcontractors
Consultant shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Consultant 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.