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HomeMy WebLinkAboutBERTLITZ LANGUAGE SERVICESINSURANCE NOT ON FILE N-2022-243 WORK MAY N01 PROCEED CLERK OF COUNCIL DATE: AGREEMENT WITH BERLITZ LANGUAGE SERVICES INC. FOR LANGUAGE PROFICIENCY TESTING THIS AGREEMENT is made and entered into on this 6th day of September, 2022 by and between N Berlitz Language Services, Inc., a New Jersey Corporation ("Consultant"), and the City of Santa o Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). CD n_ RECITALS 4J A. The City desires to retain a Consultant having special skill and knowledge in the field of providing on -call or as -needed certification and testing services for employee language proficiency. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. 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: 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. This is an on -call or as -needed agreement. City makes no promise of any specific compensation pursuant to the terms of this Agreement. To the extent that City utilizes Consultant's services, City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $50,000. 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. 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. Page 1 of 9 #217156v2 3. TERM This Agreement shall commence on September 6, 2022 and terminate on June 30, 2024, with the option for the City to grant up to three (3) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney to unless terminated earlier 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 which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement 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 documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on 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 subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract 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 and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: Page 2 of 9 #217156v2 1. Workers' Compensation insurance 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 for bodily injury or disease. (Not required if consultant provides written verification it has no employees) 2. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified Minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status 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 work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses Page 3 of 9 4217156v2 and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. 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 Consultant'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. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 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. 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 Contractor, 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) Page 4 of 9 #217156v2 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. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor'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 Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for 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 the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of 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 Page 5 of 9 #217156v2 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 Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 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 Contractor, 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 Contractor. 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 Contractor, 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 Contractors retained by City. Page 6 of 9 #217156v2 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: Page 7 of 9 #217156v2 To City: Clerk of the City Council 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: Executive Director, Human Resources Agency City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6930 To Consultant: Berlitz Language Services Inc. Attn: Alex Ampleman 7 Roszel Road Princeton, NJ 08540 Alex.ampleman@berlitz.us 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 been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. Page 8 of 9 #217156v2 C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. d. The Parties agree that this Agreement may be signed electronically and in counterparts with each signature page being combined to form one fully executed original Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By- for aura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: J n Motsick xecutive Director Human Resources Agency CITY OF SANTA ANA Kristine Ridge City Manager BERLITZ LANGUAGE SERVICES. INC.: By: Ryan Zurborg Title: Vp, Strategic Accounts Page 9 of 9 #217156v2 CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES SCOPE OF SERVICES Many of the City's positions require additional language proficiency by staff to maintain efficient operations. A certification/testing process is required to validate an employee's verbal proficiency, and depending on assignment,their written proficiency, prior to the City's authorization of bilingual pay in those positions deemed necessary. The following activities will be conducted by the CONSULTANT for the CITY: a) Provide the ability for City staff to assign tests in an efficient, simplified manner. b) Provide technical user support for both City staff and test taker. c) Test career employees from the City of Santa Ana for bilingual pay certification. d) Issue a 'certificate of competency" with performance rating or score for each tested employee that meets the requirements. e) Maintain data of all assessments conducted and provide reports as requested. f) While not required, ability to conduct online/remote testing option is desired. g) While not required, ability to conduct multiple, concurrent assessments is helpful. RFP No. 22-067 Language Proficiency Testing Services Page 18 of 32 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Pricing SON Speaking Single -rated 20 Mins Human -rated WPE Writing Single -rated 60 Mins Human -rated 1 Day English $55.00 USD Arabic, Armenian (Western), $55.00 USD Chinese/Mandarin, Cantonese, Czech, Dutch, Fars!/Persian, French (European and Canadian), German, Greek, Haitian 2-3 Days Creole, Haitian Creole, Hebrew, Hindi, Hmong, Indonesian/Bahasa, Italian, Japanese, Khmer/Cambodian, Korean, Polish, Portuguese (Brazilian), Punjabi, Russian, Slovak, Spanish, Swedish, Tagalog, Thai, Turkish, Vietnamese 1 Day English $55.00 USD Arabic, Chinese (Traditional and Simplified), $55.00 USD Czech, English, Farsi/Persian, French, German, Indonesian/Bahasa, Italian, 2-3 Days Japanese, Khmer/Cambodian, Korean, Polish, Portuguese (Brazilian), Russian, Slovak, Spanish, Tagalog, Turkish, Vietnamese BTLR Listening English, French, German, Italian, Portuguese, Spanish —immediate and Reading results Table is offer for individual tests $55.00 USD NOTICE OF COMPLIANCE Contractor Berlitz Corporation Name: Project TBD (15) Number: Project Agreement With Berlitz Language Services Inc. For Language Name: Proficiency Testing The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE CYBER SECURITY LIABILITY PROFESSIONAL D98261862 09/08/2023 10/10/2022 CityofSantaAna_W26290302.pdf LIABILITY WORKERS COMPENSATION AND EMPLOYERS' WCP9001200 08/01/2023 08/25/2022 CityofSantaAna_W25722979.pdf LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team Page 1 of 2 EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 08/19/2025 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS WTW Certificate Center OBNF; Willis Towers Watson Northeast, Inc. fka Willis of New Jersey, Inc. GBY QIPOF 1-888-467-2378 1-877-945-7378 )B0D-!Op*; )B0D-!Op-!Fyu*; c/o 26 Century Blvd F.NBJM certificates@wtwco.com P.O. Box 305191 BEESFTT; Nashville, TN 372305191 USA JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ 20427 American Casualty Company of Reading Penns JOTVSFS!B!; JOTVSFE 35289 Continental Insurance Company JOTVSFS!C!; Berlitz Corporation National Fire Insurance Company of Hartfor 20478 JOTVSFS!D!; 7 Roszel Road Chubb Insurance Company of New Jersey Princeton, NJ 0854041386 JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; W40061483 DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS QPMJDZ!FGGQPMJDZ!FYQ JOTS UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ 1,000,000 FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE 1,000,000 DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* A15,000 NFE!FYQ!)Boz!pof!qfstpo*% YY 803352596808/01/202508/01/2026 1,000,000 QFSTPOBM!'!BEW!JOKVSZ% 2,000,000 HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. 2,000,000 QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU BVUPNPCJMF!MJBCJMJUZ%1,000,000 )Fb!bddjefou* BOZ!BVUP CPEJMZ!JOKVSZ!)Qfs!qfstpo*% A PXOFETDIFEVMFE 803339419808/01/202508/01/2026 CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF % )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % VNCSFMMB!MJBC 5,000,000 FBDI!PDDVSSFODF% PDDVS B 803339423408/01/202508/01/2026 FYDFTT!MJBC 5,000,000 DMBJNT.NBEFBHHSFHBUF% 10,000 % EFESFUFOUJPO% QFSPUI. XPSLFST!DPNQFOTBUJPO TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O 1,000,000 B BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% Y No O!0!B 803339421708/01/202508/01/2026 PGGJDFS0NFNCFS!FYDMVEFE@ 1,000,000 )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs 1,000,000 F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx CWorkers Compensation &803339422008/01/202508/01/2026E.L. Each Accident$1,000,000 Employers Liability - CAE.L. Dis. EA Employee$1,000,000 Per StatuteE.L. Dis. Pol. Limit$1,000,000 EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* This Voids and Replaces Previously Issued Certificate Dated 07/31/2025 WITH ID: W39941914. Ejhjubmmz!tjhofe!cz! Uv!Usbo! Uv!Usbo!Ohvzfo! Ebuf;!3136/19/2:! Ohvzfo 25;25;65!.18(11( RE: Agreement# N-2022-243 SEE ATTACHED CzUvUsboOhvzfobu3;25qn-Bvh2:-3136 DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ City of Santa Ana BVUIPSJ\[FE!SFQSFTFOUBUJWF Attention: Human Resources 20 Civic Center Plaza, M-24 Santa Ana, CA 92701 ª!2:99.3127!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE SR ID: BATCH: 28243481 4089623 BHFODZ!DVTUPNFS!JE; MPD!$; 22 Qbhf!!!!!!!!!!!pg BEEJUJPOBM!SFNBSLT!TDIFEVMF BHFODZOBNFE!JOTVSFE Berlitz Corporation Willis Towers Watson Northeast, Inc. fka Willis of New Jersey, Inc. 7 Roszel Road QPMJDZ!OVNCFS Princeton, NJ 08540 See Page 1 DBSSJFSOBJD!DPEF See Page 1See Page 1 FGGFDUJWF!EBUF; See Page 1 BEEJUJPOBM!SFNBSLT UIJT!BEEJUJPOBM!SFNBSLT!GPSN!JT!B!TDIFEVMF!UP!BDPSE!GPSN- 25Certificate of Liability Insurance GPSN!OVNCFS;GPSN!UJUMF; City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are included as Additional Insureds as respects to General Liability. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds. Waiver of Subrogation applies in favor of the City with respects to General Liability. Waiver of Subrogation applies in favor of City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers with respects to Worker's Compensation, as permitted by law INSURER AFFORDING COVERAGE: Chubb Insurance Company of New Jersey NAIC#: 41386 POLICY NUMBER: 8263-5094 EFF DATE: 09/29/2024 EXP DATE: 09/29/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Media/Professional Liability Limit $2,000,000 Retention $150,000 BDPSE!212!)3119012*ª!3119!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE SR ID:BATCH:CERT: 282434814089623W40061483 Xpslfst!Dpnqfotbujpo!Boe!Fnqmpzfst!Mjbcjmjuz!Jotvsbodf Qpmjdz!Foepstfnfou XBJWFS!PG!PVS!SJHIU!UP!SFDPWFS!GSPN!PUIFST!FOEPSTFNFOU Xf!ibwf!uif!sjhiu!up!sfdpwfs!pvs!qbznfout!gspn!bozpof!mjbcmf!gps!bo!jokvsz!dpwfsfe!cz!uijt!qpmjdz/!Xf!xjmm!opu! fogpsdf!pvs!sjhiu!bhbjotu!uif!qfstpo!ps!pshboj{bujpo!obnfe!jo!uif!Tdifevmf/!Uijt!bhsffnfou!bqqmjft!pomz!up!uif! fyufou!uibu!zpv!qfsgpsn!xpsl!voefs!b!xsjuufo!dpousbdu!uibu!sfrvjsft!zpv!up!pcubjo!uijt!bhsffnfou!gspn!vt/ Uijt!bhsffnfou!tibmm!opu!pqfsbuf!ejsfdumz!ps!joejsfdumz!up!cfofgju!bozpof!opu!obnfe!jo!uif!Tdifevmf/ Boz!qfstpo!ps!pshboj{bujpo!gps!xijdi!uif!fnqmpzfs!ibt!bhsffe!cz!xsjuufo!dpousbdu-!fyfdvufe!qsjps!up!mptt-!nbz! fyfdvuf!b!xbjwfs!pg!tvcsphbujpo/!Ipxfwfs-!gps!qvsqptft!pg!xpsl!qfsgpsnfe!cz!uif!fnqmpzfs!jo!Njttpvsj-!uijt! xbjwfs!pg!tvcsphbujpo!epft!opu!bqqmz!up!boz!dpotusvdujpo!hspvq!pg!dmbttjgjdbujpot!bt!eftjhobufe!cz!uif!xbjwfs! pg!sjhiu!up!sfdpwfs!gspn!puifst!)tvcsphbujpo*!svmf!jo!pvs!nbovbm/ Tdifevmf Boz!Qfstpo!ps!Pshboj{bujpo!po!xiptf!cfibmg!zpv!bsf!sfrvjsfe!up!pcubjo!uijt!xbjwfs!pg!pvs!sjhiu!up!sfdpwfs! gspn!voefs!b!xsjuufo!dpousbdu!ps!bhsffnfou/ Uif!qsfnjvn!dibshf!gps!uif!foepstfnfou!jt!sfgmfdufe!jo!uif!Tdifevmf!pg!Pqfsbujpot/ Bmm!puifs!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz!sfnbjo!vodibohfe/ Uijt!foepstfnfou-!xijdi!gpsnt!b!qbsu!pg!boe!jt!gps!buubdinfou!up!uif!qpmjdz!jttvfe!cz!uif!eftjhobufe!Jotvsfst-! ublft!fggfdu!po!uif!Qpmjdz!Fggfdujwf!Ebuf!pg!tbje!qpmjdz!bu!uif!ipvs!tubufe!jo!tbje!qpmjdz-!vomftt!bopuifs! fggfdujwf!ebuf!)uif!Foepstfnfou!Fggfdujwf!Ebuf*!jt!tipxo!cfmpx-!boe!fyqjsft!dpodvssfoumz!xjui!tbje!qpmjdz! vomftt!bopuifs!fyqjsbujpo!ebuf!jt!tipxo!cfmpx/!! 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