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HomeMy WebLinkAboutSTERLING HEALTH SERVICES, INCINSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES osx CITY CC 24 A-2024-197 DATE. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND STERLING HEALTH SERVICES FOR AFFORABLE CARE ACT COMPLIANCE o NRtuI l3ruznaa li+6 ki- HIS AGREEMENT is hereby made and entered into this 19th day of November, 2024, 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, Inc. a California Corporation doing business as Sterling Administration ("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 et seq.) 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 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 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 providing 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 8th 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 31st. Consultant will a -file 1094 and/or 1095 forms on behalf of the City with the IRS, no later than March 31st. 2. COMPENSATION A. City agrees to pay, and Consultant agrees to accept as total payment for its services a flat yearly fee of $3,000. Optional services of printing and mailing IRS forms 1094 and 1095 are available at a cost of $3.75 per mailing. The total sum authorized under this Agreement shall not exceed fifty thousand dollars ($50,000) for the entire term of this Agreement. B. Consultant will invoice City on a quarterly basis. Payment will be made within sixty (60) days of the date of the invoice. 3. TERM The term of this Agreement shall commence on November 19, 2024 and will terminate on October 31, 2027, with two optional one-year extensions exercisable by the City with the agreement of Consultant unless terminated earlier in accordance with the terms herein. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor 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 its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE A. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of City's data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. 2) Technology Professional Liability Errors and Omissions Insurance (E&O): appropriate to the Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement. 3) Workers' Compensation (W/C): as required by the State of California, with statutory limits, and Employer's Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease. B. If Consultant maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. The above required insurance policies (set forth in subsection A) are to contain or be endorsed to contain the following provisions: 1) City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, and E&O policies, with respect to any 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) Consultant's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3) For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4) 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. 5) Insurance policies 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 of premium. C. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Human Resources Agency, 20 Civic Center Plaza M-24, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. D. Self -insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. E. 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. F. 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. 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 prior to the contract effective date, Consultant must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. G. 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). 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. H. Subcontractors- City shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. 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. 6. 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. 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 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. 7. 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. r:1«e7klry17=1 III rr_1IIII rVA Due to the nature of the services provided pursuant to this Agreement, Consultant will be provided information by City that is confidential, including identifying information for City employees. Consultant will maintain strict confidentiality as required by all applicable laws. "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 and disclosed 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. In the event of a data breach, Consultant will advise City of the breach as soon as practicable but in no event more than 48 hours after Consultant learns of any data breach involving any information provided to Consultant pursuant to this Agreement. Consultant will comply with all applicable laws regarding notice to any person whose information was provided pursuant to this Agreement whose data has been subject to any breach. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana City Clerk (M-30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 With copy to: And: Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647-6930 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647-6515 To Consultant: Ms. Cora Tellez Sterling Health Services Inc. 1000 Broadway #250 Oakland, California 94607 Fax: (877) 517-4729 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 facsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 and will serve to fully supersede existing Agreement. 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, that terms or conditions hereof, shall not bind or obligate Consultant nor 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 parties, which are not embodied herein. 12.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 that are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice of termination to the Consultant. A. As a condition of such payment, the City may require Consultant to deliver to the City all the work product 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, gender identity, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities 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. 15. 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. 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 Sates, 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. 17. COMPLIANCE WITH ALL LAWS Consultant agrees to comply with all applicable federal, state and local laws and regulations including but not limited to, the California Consumer Privacy Act (California Business and Professions Code Section 1798.100 et seq.) 18. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer Hall Cit APPROVED AS TO FORM: Sonia R. Carvalho City Attorney �Quna 1' . k�9 ae u L By: Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL ,Leu �c�r�cc�e2 Lori Schnaider Executive Director of Human Resources CITY OF SANTA A c�V Alvaro Nunez City Manager STERLING HEALTH SERVICES, INC. Sarah Soman Director of Operations ACORO CERTIFICATE OF LIABILITY INSURANCE GATE (MM DDMY� Dsns/zoza THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPUR IAN 1: IT me Certificate nOloer Is an ADUI I IUNAL INbLi the pollcypes) must nave ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kristin Larsen, CISR, CLIC ME: Winton Ireland Strom & n g i e D I 2 FAx (209) 867-7142 PAX Net: License#0596517 - arsen g.com ADDRESS: P.O. Box 3277 V VERAGE NAICX Turlock CA 9 35 / INSURE v er I I ompany ofAmerica 19046 INSURED E fti r c pany 34630 sterlinH Se Ste ng POBle v e d oD11a: AER I' r mPan y 19489 - Oakland CA 94612 1 ts,c,twFw F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWKAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUER INSD MD POLICYNUMBER POLICY EFF MM/DDIYYY POLICY EXP MMIDDIYYI'Y LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMSMADE FRI OCCUR PREMISES Eaoccumence $ 300,000 MED EXP(Any one person) $ 5,000 PERSONAL a ADV INJURY $ 2,000,000 A Y Y 680OR4236162442 05/14/2024 05/14/2025 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 X POLICY ❑ PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 4,000,000 $ OTHER AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT aociaen[ $ Included in OILEa BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED 6800R4236162442 05/14/2024 05/14/2025 BODILY INJURY (Par accident) $ AUTOS ONLY AUTOS !� HIRED NON -OWNED !� PROPERTY DAMAGE $ AUTOS ONLY AUTOSONLY Perarddent $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMBMADE DED I I RETENTION $ $ WORKERS COMPENSATION v PER OTR- ANDEMPLOYERS'LIASILITY YIN /� STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 B ANY PROPRIETORIPARTNERIFxECUTIVE ❑N NIA STVVC561943 05/14/2024 05/14/2025 OFFICERIMEMBER EXCLUDED? (Mandatory, In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRI PINION OF OPERATIONS below E.L.DISEASE - POLICY LIMIT $ 1,000,000 Professional Liability $2,000,000 Professional E &O Liability r0511412024 C 03133872 05/14/2025 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Santa Ana, 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 ofthe Contractor including materials, parts, or equipment furnished in connection with such work or operations per attached CGD1050494, Primary & Non -Contributory wording applies (Form to Follow) City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Flr Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRO) AUTHORIZED REPRESENTATIVE 01988-2015 ACOI ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD e� Lwf,%TEM'. yEG& A PRavlvldan REVIEWED 6APPROV®BY: � Risk Management Specialist AGENCY CUSTOMER ID: LOC #: A`CORO® ADDITIONAL REMARKS SCHEDULE Page of AGENCY Winton Ireland Strom & Green NAMED INSURED Sterling Health Services, Inc. POLICYNUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance. Notes Insurer D: Cyber Liability / Data Breach 5/14/2024 to 5/14/2025 Cyber Liability Limit $3,000,000 Risk Mamgm odDMeies RIWEW &APPRCIV®BY: ®. ® Risk Managemen[Spetlzlisr or ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION ll) is amended in a written contract for this insurance to to include as an insured any person or organiza- apply on a primary or contributory basis. tion (called hereafter "additional insured") whom 3. This insurance does not apply: you have agreed in a written contract, executed prior to loss, to name as additional insured, but a. on any basis to any person or organization only with respect to liability arising out of "your for whom you have purchased an Owners work" or your ongoing operations for that addi- and Contractors Protective policy. tional insured performed by you or for you. b. to "bodily injury," "property damage," "per- t. With respect to the insurance afforded to Addi- sonal injury," or "advertising injury" arising tional Insureds the following conditions apply: out of the rendering of or the failure to render any professional services by or for you, in - a. Limits of Insurance — The following limits of cluding: liability apply: 1. The limits which you agreed to provide; 1. The preparing, approving or falling to or approve maps, drawings, or prepare opinions, reports, surveys, change or- 2. The limits shown on the declarations, ders, designs or specifications; and whichever is less. 2. Supervisory, inspection or engineering b. This insurance is excess over any valid and services, collectible insurance unless you have agreed CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994. Includes Copyrighted Material from Insurance Services Office, Inc RkkM0WgmMdDW1on "! A+pr A 411OM Rbk Management SpeniAnt DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 05/22/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kristin Larsen,CISR,CLIC NAME: Winton Ireland Strom&Green A/cNN. Ext: (209)667-0995 (FAX ,No): (209)667-7142 License#0596517 E-MAIL klarsen@wisg.com ADDRESS: P.O.Box 3277 INSURER(S)AFFORDING COVERAGE NAIC# Turlock CA 95381 INSURERA: Travelers Casualty Insurance Company ofAmerica 19046 INSURED INSURER B: Oak River Insurance Company 34630 Sterling Health Services,Inc. INSURER C: Allied World Assurance Company 19489. PO Box 71107 INSURER D: Underwriters at Lloyds of London INSURER E Oakland CA 94612 INSURER F COVERAGES CERTIFICATE NUMBER: 25-26 GL/E&O/CYB/AUTO/ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 300,000 MED EXP(Any one person) $ 5,000 A Y Y 680OR4236162542 05/14/2025 05/14/2026 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 JECT LOC PRODUCTS-COMP/OP AGG $POLICY El PRO 4'000'000P1 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Included Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 680OR4236162542 05/14/2025 05/14/2026 BODILY INJURY(Pe r accide nt) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABI LI TY YIN 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? NIA Y STWC667202 O5/14/2025 O5/14/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability Professional Liability $2,000,000 C Y 03133872 05/14/2025 05/14/2026 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Santa Ana,its officers,officials,employees,and volunteers are to be covered as additional insureds on the CIS policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts,or equipment furnished in connection with such work or operations per attached CGD1050494,Primary&Non-Contributory wording applies(Form to Follow). Waiver of subrogation applies to the workers comp endorsement to follow. Waiver of Subrogation applies to the Professional Errors&Omissions policy per the attached form v2720 10/2011. Tu Tran T..—N9 Ye by Nguyeno 499Zo°oo9 APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 7:48 am,Jul09,2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza,4th Flr AUTHORIZED REPRESENTATIVE I I Santa Ana CA 92701 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00019919 LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Winton Ireland Strom&Green Sterling Health Services,Inc. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes Insurer D: Cyber Liability/Data Breach 5/14/2025 to 5/14/2026 Cyber Liability Limit:$5,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 02 C (Ed. 9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5%of the applicable manual premium otherwise due on such remuneration subject to a policy maximum charge for all such waivers of 5% of total manual premium. The minimum premium for this endorsement is$350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Specific Waiver Person/Organization: City of Santa Ana Risk Management Division Job Description: Monitoring HAS Account Waiver Premium: 350.00 Payroll Subject Class State to Waiver 8810 CA 150.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 05/14/2025 Policy No.: STWC66720. Endorsement No.: Insured: Premium $ Insurance Company: Oak River Insurance Company / WC 99 04 02C Countersigned by (Ed. 9-14) COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-OR423616-25-42 ISSUE DATE: 03/28/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER SUBROGATION)AGAINST OTHERS TO US (WAIVER OF This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or organization(s): THE CITY OF SANTA ANA AND AS PER CG T8 03 20 CIVIC CENTER PLAZA 4TH FLOOR SANTA ANA CA 92701-4058 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Part. Such waiver by us applies only to the extent that Rights Of Recovery Against Others To Us of the insured has waived its right of recovery against Section IV—Conditions: such person(s) or organization(s) prior to loss. This We waive any right of recovery against the person(s) endorsement applies only to the person(s) or or organization(s) shown in the Schedule above organization(s) shown in the Schedule above. because of payments we make under this Coverage CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ENDORSEMENT NO. 14 WAIVER OF SUBROGATION This Endorsement, effective at 12:01 a.m. on June 25, 2025, forms part of Policy No. 0313-3872 Issued to Sterling Health Services, Inc Issued by Allied World Surplus Lines Insurance Company In consideration of the premium charged, it is hereby understood and agreed that Section V. CONDITIONS, Subsection (E) is deleted in its entirety and replaced by the following: (E) Cooperation; Subrogation: In the event of a Claim, the Insured will provide the Insurer with all information, assistance, and cooperation that the Insurer reasonably requests, and will do nothing that may prejudice the Insurer's position or potential or actual rights of recovery. At the Insurer's request, the Insured will assist in any actions, suits, or proceedings, including but not limited to attending hearings, trials and depositions, securing and giving evidence, and obtaining the attendance of witnesses, and will also assist in making settlements. In the event of payment, the Insurer will be subrogated to the extent of any payment to all of the rights of recovery of the Insured; however, this provision will not apply to City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. The Insured will execute all papers and do everything necessary to secure such rights, including the execution of any documents necessary to enable the Insurer effectively to bring suit in their name. The obligations of the Insured under this CONDITION (E) will survive the expiration or cancellation of the Policy. All other terms, conditions and limitations of this Policy shall remain unchanged. Authorized Representative v2720 (10/2011) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION ll) is amended in a written contract for this insurance to to include as an insured any person or organiza- apply on a primary or contributory basis. tion (called hereafter "additional insured") whom 3. This insurance does not apply: you have agreed in a written contract, executed prior to loss, to name as additional insured, but a. on any basis to any person or organization only with respect to liability arising out of "your for whom you have purchased an Owners work" or your ongoing operations for that addi- tional insured performed by you or for you. b. to "bodily injury," "property damage," "per- 2. With respect to the insurance afforded to Addi- sonal injury," or "advertising injury" arising tional Insureds the following conditions apply: out of the rendering of or the failure to render any professional services by or for you, in- a. Limits of Insurance — The following limits of cluding: liability apply: 1. The preparing, approving or failing to 1. The limits which you agreed to provide; prepare or approve maps, drawings, or opinions, reports, surveys, change or- 2. The limits shown on the declarations, ders, designs or specifications; and whichever is less. 2. Supervisory, inspection or engineering b. This insurance is excess over any valid and services. collectible insurance unless you have agreed CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc.