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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 101!WL4 l 70 —Z J - CLERK OF COUNCIL - TE'. N-2019-252 0: W11tvT (Airy'', a hune,r dr AGREEMENT BETWEEN THE CITY OF SANTA ANA AND STERLING HEALTH SERVICES FOR AFFORABLE CARE ACT COMPLIANCE THIS AGREEMENT is hereby made and entered into this 12th day of November, 2019, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Sterling Health Services, a California Corporation ("Consultant"). RECITALS A. The City desires to retain Consultant to assist City in maintaining compliance with the Patient Protection and Affordable Care Act ("ACA") (42 U.S.C. Sections 18001 etse9.) B. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting fine in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES A. Consultant shall provide services necessary to assist City in maintaining compliance with the ACA, including but not limited to, capturing all employees including full time, part time, variable hour employees, and multi -employer and/or union employees, generation of 1094 and 1095 forms on behalf of the City including the potential for printing and mailing the forms on behalf of the City, IRS fulfillment status, aid in resolving 226-J letter/fine issues that may develop, and the ability to talk with an ACA compliance specialist during normal business hours. B. City shall provide information necessary to prepare 1094 and 1095 forms on behalf of City no later than January 8`h of every year. Consultant will then distribute ACA forms to City for distribution or at City's election, mail forms to City employees no later than January 31 ". Consultant will e-file 1094 and/or 1095 forms on behalf of the City with the IRS, no later than March 3 I ". 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services a flat yearly fee of $5,400 for the first year and $4,000 for each renewal year. The total sum authorized under this Agreement shall not exceed twenty-five thousand dollars ($25,000) for the entire term of this Agreement. This amount includes the flat service fee total of $21,500 over the term of the Agreement and a contingency of $3,500 to be used at the City's sole discretion for the optional services of printing and mailing IRS forms 1094 and 1095 at a cost of $3.75 per mailing. t# 14325v2