ACTION: Discussed a grant agreement with Vista Community Clinic to support a new resource area in Vista, adopted City Council Resolution No. 2026-93, approving a grant agreement with Vista Community Clinic to support a new Resource Area in Vista, and adopted City Council Resolution No. 2026-94, amending the Operating Budget f
or Fiscal Years 2025/26 and 2026/27. Vote: 5-0.
____________________________
Clerk/Secretary
Department: City Manager’s Office Item No: D4
Prepared by:
Catalina Langen, Management Analyst
Jonathan Lung, Housing and Homeless Services
Division Manager Meeting Date: May 26, 2026
Approved by:
Imelda Huerta, Assistant City Manager
John Conley, City Manager Agenda Location: Discussion
SUBJECT
: GRANT AGREEMENT WITH VISTA COMMUNITY CLINIC TO SUPPORT A NEW
RESOURCE AREA IN VISTA
RECOMM
ENDATION: Discuss a grant agreement with Vista Community Clinic to support a new resource area in Vista and provide direction to staff. If approved, adopt the following City Council Resolutions:
1. Adopt Ci
ty Council Resolution No. 2026- , approving a grant agreement with Vista Community Clinic to support a new Resource Area in Vista.
2. Adopt Ci
ty Council Resolution No. 2026- , amending the Operating Budget for Fiscal Years 2025/26 and 2026/27.
CORRELATION TO CITY COUNCIL GOALS: Homelessness and Housing.
PRIOR ACTION: On April 28, 2026, adopted City Council Resolution No. 2026-69, approving the 2026- 2027 Annual Action Plan, authorizing the Submittal of the Plan to the U.S. Department of Housing and Urban Development, and authorizing the City Manager to Approve and Execute All Documents Related to the Implementation of Said Plans (Vote: 5-0).
On Mar
ch 24, 2026, conducted a public hearing regarding the proposed 2026-2027 Community Development Block Grant Annual Action Plan, and opened a 30-day public review period (Vote: 4-0-1, Fox abstained).
On Sept
ember 9, 2025, adopted City Council Resolution No. 2025-166, amending the Operating Budget for Fiscal Years 2025/26 and 2026/27 (Vote: 4-0, Councilmember Fox recused himself from this item).
On May 27, 2025, adopted City Council Resolution 2025-81, approving the 2025-2029 Consolidated Plan and 2025-2026 Annual Action Plan, and authorizing the submittal of the plans to the U.S. Department of Housing and Urban Development and authorizing the City Manager to approve and execute all documents related to the implementation of said plans (Votes: 5-0).
On Septem
ber 28, 2021, approved the Small Business COVID-19 Grant Program Guidelines and direct staff to set aside ten percent of the funding ($300,000) for grants for not-for-profit 501c3 organizations, AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
05/26/2026
D4
MEETING DATE: May 26, 2026 PAGE 2
SUBJECT: GRANT AGREEMENT WITH VISTA COMMUNITY CLINIC TO SUPPORT A NEW
RESOURCE AREA IN VISTA
develop guidelines for not-for-profit applicants, and report back to the City Council after half of the funds for not-for-profit organizations have been allocated (Vote: 5-0).
STAT
EMENT ON THE SUBJECT: Vista Community Clinic (VCC) is establishing a new “Resource Area” for its patients, which will require one-time startup costs of large appliances to create this community- serving resource. This will be a space where patients can access free donated food, diapers, hygiene products, etc. The development of this space is underway, and VCC is seeking support to ensure its successful implementation.
Cli
ents of the Vista Safe Parking program frequently access healthcare services through VCC. VCC is a community health center (CHC) that is helping to redefine what it means to be a community clinic. CHCs empower communities that have been disproportionally impacted by social determinants of health. VCC provides healthcare in communities where there are few or no options for care or where systemic barriers to care have been created.
To build t
his infrastructure, VCC must purchase several appliances – namely, large freezers and refrigerator units. Staff recommends approval of the grant, which will provide a one-time source of funding of $20,000 toward the purchase of the freezers and refrigerators required for this new community resource.
As a bac
kground to prior funding, the City of Vista has awarded $1,082,241.56 in Community Development Block Grant (CDBG) funding to Vista Community Clinic for a variety of eligible activities since the City began receiving CDBG funds in FY 1996-1997 (approximately $30,000 annually). This includes $613,048.04 in Health Services through the Wellness Center (originally named the Nurse's Walk In Clinic), $306,000.00 in Facility Improvements, $85,081.00 in CDBG CARES Act funding to respond to Coronavirus, and $78,111.85 in Youth Services through Rancho Buena Vista- Project REACH - plus $52,000 of Opioid Settlement Funds for FY2025/26 for additional support of Project REACH.
Addit
ionally, in August 2022, VCC was awarded a $25,000 grant through the ARPA Non-Profit Grant Program, which was funded from the $300,000 ARPA allocation and administered through the Vista Chamber of Commerce. VCC also receive funding for support of the Tobacco Decoy Program.
Staf
f recommend the City Council discuss a grant agreement for Vista Community Clinic to support a new resource area in Vista and provide direction to staff.
FISC
AL IMPACT: Approval of this item has a direct fiscal impact of $20,000, which will be appropriated from Fiscal Year 2023/24 Year End Fund balance account no.0010355.521040.YC23 (originally approved for the Safe Parking Program) to account no.0010355.531500.YC23. Encampment Resolution Fund Round 3 is now covering the Safe Parking Program, therefore there is no impact to the program with the reappropriation.
EXHI
BITS:
1. City Council Resolution No. 2026- , approving a grant agreement with Vista Community Clinic for $20,000 to purchase appliances for a new Resource Area
2. City Council Resolution No. 2026- , amending the Operating Budget for Fiscal Years 2025/26 and 2026/27
3. Grant Agreement with Vista Community Clinic
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RES
OLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING A GRANT AGREEMENT WITH VISTA
COMMUNITY CLINIC TO SUPPORT A NEW RESOURCE AREA IN VISTA The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On April 21, 2026, Vista Community Clinic (VCC) requested the City of Vista’s support to purchase appliances for its new Resource Area serving the Vista community through the dispersal of donated food, diapers, hygiene products, and more.
B. The City of Vista intends to enter into a grant agreement to provide VCC with the requested funds.
2. Action.
A. The grant agreement with VCC to purchase appliances in support of a new Resource Area in Vista is approved and the City Manager is authorized to execute the Agreement.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 26, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
A
PPROVED
Walter C. Chung
20260517134330
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AMENDING THE OPERATING BUDGET FOR
FISCAL YEARS 2025/26 AND 2026/27
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On June 10, 2025, the City Council adopted Resolution 2025-102 approving the Operating Budget for Fiscal Years 2025/26 and 2026/27.
B. The City Council desires to amend the Operating Budget at this time to reflect changed circumstances.
2. Action.
A. The Operating Budget for Fiscal Years 2025/26 and 2026/27 is amended as set forth in Exhibit A.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on _____________________________, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
W
ALTER CHUNG, CITY ATTORNEY
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
K
ATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20251104153822
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EXHIBIT 2
RESOLUTION NO. 2026-
CITY COUNCIL FOR THE CHARTERED CITY OF VISTA
PAGE 1
EXHIBIT A
1. Account Number Account Description Increase Decrease 0010355.521040.YC23 SERVICE CONTRACTS 20,000$
0010355.531500.YC23 SPECIAL DEPARTMENT EXPENSE 20,000$
Appropriations are hereby made (and estimated revenues are hereby adjusted) to fund (the subject project). 05/26/2026
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1 GRANT AGREEMENT
THIS AGREEMENT (“Agreement”) is made and entered into as of _________________ (“Agreement Date”), by and between the CITY OF VISTA, a chartered municipal corporation (“City”) and VISTA COMMUNITY CLINIC, a California nonprofit corporation (“Recipient”).
RECITALS
A. City has established a grant (“Grant”) through which it will provide the Recipient with grant funds to purchase appliances for a new community resource area.
B. The Grant describes the appliances that the Recipient commits to purchasing (“Proposed Grant Activities”), which is attached hereto as Exhibit A and incorporated herein by this reference. Upon completing its Proposed Grant Activities, the Recipient will submit receipts to the City.
C. On the terms and conditions of this Agreement, the City has determined to award a Grant to the Recipient for the Proposed Grant Activities and Recipient has agreed to perform the Proposed Grant Activities.
Now therefore, in consideration of the mutual agreements, obligations, and representations, City and Recipient hereby agree as follows:
1.0 RECIPIENT OBLIGATIONS
1.1 Use of Grant Funds. Recipient hereby agrees to use the grant funds provided by City solely for the Proposed Grant Activities.
1.2 Representation and Warranties. Recipient hereby represents and warrants to the City as follows: Recipient is an independent private person or company, independent of City, conducting the Proposed Grant Activities for its or their own purposes.
1.3 Compliance with Law. Recipient shall carry out the Proposed Grant Activities in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction.
1.4 Licenses, Permits, Fees and Assessments. Recipient shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of its Proposed Grant Activities.
2.0 DISBURSEMENT OF GRANT FUNDS
2.1 Maximum Amount of Grant Funds. The maximum amount of grant funds to be provided to Recipient is $__20,000.00 __ (“Grant Award”).
2.2 Method of Payment. The total Grant Award shall be disbursed to Recipient after the Agreement is fully executed and all required insurance is in place.
3.0 PERFORMANCE SCHEDULE
3.1 Schedule of Performance. Recipient shall commence and complete all Grant Activities within the calendar year during which the Grant is awarded. 05/26/2026
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EXHIBIT 3
2 4.0 COORDINATION OF WORK
4.1 Representative of Recipient. Unless a different party is subsequently approved in writing by the City, the Chief Executive Officer of the Recipient is hereby designated as being the representative of Recipient authorized to act in its behalf with respect to this agreement and make all decisions in connection therewith.
4.2 Agreement Officer. Agreement Officer shall be the City’s Housing and Homeless Services Division Manager or such person as may be designated by the City Manager. It shall be the Recipient’s responsibility to assure that the Agreement Officer is kept informed of the progress of the performance of the services and the Recipient shall refer any decisions that must be made by the City to the Agreement Officer.
4.3 Prohibition Against Subcontracting or Assignment. Neither this agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Recipient, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this agreement shall be void. No approved transfer shall release the Recipient or any surety of Recipient of any liability hereunder without the express consent of City.
4.4 Independent Contractor. Neither the City nor any of its officers or employees shall have any control over the manner, mode, or means by which Recipient, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Recipient’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Recipient shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with the role. Recipient shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Recipient in its business or otherwise of a joint venture or a member of any joint enterprise with Recipient.
4.5. Use of City Logos. The City may authorize Recipient to place a City logo on informational or promotional materials particular to its Proposed Grant Activities by proving with an exact copy of the promotional materials to which the logo would be applied, the location of the proposed application, and its size. The City shall have exclusive discretion to approve or disapprove the placement. If approved, Recipient shall make no changes to the materials and apply the logo to only the exact materials that had been approved.
5.0 INDEMNIFICATION
5.1 Indemnification. Recipient shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, “Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Agreement or its performance, including defects in design, except: (1) Liability caused by Indemnitees’ sole negligence or willful misconduct; or (2) for Liability caused by Indemnitees’ active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees’ active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law. 05/26/2026
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3 5.2 Subrogation. Recipient, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Recipient regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Recipient, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
5.3 Termination. Termination of the agreement by either party, by any means, does not relieve Recipient of the indemnity and subrogation obligations in Sections 5.1 and 5.2.
6.0 INSURANCE REQUIREMENTS
Recipient shall comply with the insurance provisions set forth in Exhibit B.
7.0 CIVIL RIGHTS
7.1 Recipient agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.
7.2 Recipient shall not knowingly deny an opportunity or benefit, discriminate against or harass, any event participant, spectator, employee, or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.
8.0 ADMINISTRATIVE REQUIREMENTS
8.1 Documentation and Record-Keeping
8.1.1 The Recipient shall maintain records that are pertinent to activities funded under this Agreement.
8.1.2. The Recipient shall retain all records pertinent to expenditures incurred under this agreement for a period of four (4) years after the termination of all activities funded under this agreement.
8.2 Performance Monitoring. The City will monitor the performance of the Recipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this agreement. If action to correct such substandard performance is not taken by the Recipient within a reasonable period of time after being notified by the City, agreement suspension or termination procedures will be initiated.
8.3 Audits and Inspections. All Recipient records with respect to any matters covered by this agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Recipient within 30 days after receipt by the Recipient. Failure of the Recipient to comply with the above audit requirements will constitute a violation of this agreement and may result in the withholding of future payments.
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4 9.0 ENFORCEMENT OF AGREEMENT
9.1 Applicable Law. This agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California and the United States, as applicable. Legal actions concerning any dispute, claim or matter arising out of or in relation to this agreement shall be instituted in the Superior Court of the County of San Diego, State of California, the United States District Court for the San Diego District of California, or any other appropriate court in San Diego County, and Recipient covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Disputes. In the event of any dispute arising under this agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore.
The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within thirty (30) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Notwithstanding the foregoing, the City may suspend any further payment of grant funds until Recipient is in compliance with this agreement. Compliance with the provisions of this Section shall be a condition precedent to termination of this agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured.
9.3 Remedies Upon Default by Recipient. In addition to any other rights or remedies available at law or in equity, if Recipient fails to fulfill its obligations under this agreement, City may, after compliance with the provisions of Section 9.2:
9.3.1. Temporarily withhold payment of grant funds pending correction of the default by Recipient;
9.3.2. Refuse to advance all or any part of the grant funds for the project and reallocate said funds to another activity;
9.3.3. Wholly or partially suspend or terminate the grant and this agreement;
9.3.4. Require Recipient to repay any grant funds that the City determines were not expended in compliance with the requirements of this agreement.
9.4 Termination by Recipient. Recipient may terminate this agreement provided it returns all grant funds not expended for the proposal. Termination is only effective after written notice to the City continuing an accounting of grant funds expended which is satisfactory to City and the unused grant funds, if any, are returned.
9.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this agreement.
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5 9.6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
9.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to complete specific performance of this agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of the agreement.
10.0 CITY OFFICERS AND EMPLOYEES
10.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Recipient, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Recipient or to its successor, or for breach of any obligation of the terms of this agreement.
10.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this agreement nor shall any such officer or employee participate in any decision relating to the agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Recipient warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this agreement.
11.0 MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail. In the case of the City, to the City Manager, to the attention of the Housing and Homeless Services Division Manager, City of Vista, 200 Civic Center Drive, Vista, California 92084. In the case of the Recipient, to the person at the address designated on the execution page of this agreement.
Either party may change his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section.
11.2 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this agreement and this agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this agreement. This agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
11.3 Corporate Authority. The persons executing this agreement on behalf of the parties hereby warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this agreement on behalf of said party, (iii) by so executing this agreement, such party is formally bound to the provisions of this agreement, (iv) entering into this agreement does not violate any provision of any other agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this agreement as of the Agreement Date.
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6 “City”
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:________________________________
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:________________________________
APPROVED
Allegra Frost
20260511101613
RISK MANAGEMENT REVIEW:
ANALISA HOLBROOK, RISK MANAGER
By:________________________________
“Recipient”
VISTA COMMUNITY CLINIC, a California
nonprofit corporation
By:________________________________
Name/Title
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00072364 1 EXHIBIT A
EXHIBIT A
GRANT REQUEST AND DESCRIPTION OF PROPOSED GRANT ACTIVITY
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00072364 1 EXHIBIT A
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EXHIBIT B
INSURANCE REQUIREMENTS
Licensee shall procure and maintain for the duration of the License Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Licensee, its agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Work Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Work Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
If the Licensee maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Licensee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Licensee shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Licensee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Licensee including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Licensee. General liability coverage can be provided in the form of an endorsement to the Licensee’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Licensee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. 05/26/2026
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Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Licensee’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the Effective Date of the License Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least one (1) year after the termination of the License.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the License Agreement Effective Date, the Licensee must purchase extended reporting period coverage for a minimum of one (1) years after termination of the License.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Licensee hereby agrees to waive rights of subrogation which any insurer of Licensee may acquire from Licensee by virtue of the payment of any loss. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
Verification of Coverage
Licensee shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this License Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Licensee’s obligation to provide them. The 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 circumstances.
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