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HomeMy WebLinkAboutCARDON SOLUTIONS, LLC INSURANCE ON FILE WORK MAY PROCEED N-2025-126 UNTIL INSURWCE EXPIRO 0-7/O k / -2 C:--- --- - CITY CLERK CONSULTANT AGREEMENT WITH CARDON SOLUTIONS,LLC TO DATE:MAY z 7 2025 PROVIDE DATA ARCHIVING AND REPORTING PILOT PROJECT THIS AGREEMENT is made and entered into this 14th day of April,2025 by and between Cardon Solutions, LLC, a Florida limited liability company("Consultant"), and the City of Santa Ana, a "'j1`'(Y-V arter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also collectively referred to herein as "Parties" or singularly as a"Party." RECITALS A. The City desires to retain a consultant have special skill and knowledge in the field of local government data archiving and reporting using Simpler Systems on behalf of the City's Information Technology Department. B. Consultant represents that it 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: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A - Consultant's Proposal, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City,the rates and charges identified in Exhibit A. The total amount authorized during the term of this Agreement, including any extension periods, shall not exceed$24,750.00. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with Page I of 10 financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 14, 2025 and terminate on October 30, 2025, unless terminated earlier in accordance with Section 17,below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works" and"maintenance" projects. If the services being performed are part of an applicable"public works" or"maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. 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 employees and shall be responsible for all applicable withholding taxes. 6. 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 subcontractors 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 Page 2 of 10 anyway in its use of the Documents and Data at anytime,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract 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. Minimum Scope and Limit of Insurance. Coverage,shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an"occurrence"basis, including products and 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. • Technology Professional Liability Errors and Omissions Insurance (E&O): appropriate to the Consultant's profession and work hereunder,with limits not less than $1,000,000 per occurrence and $1,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide coverage for Consultant's failure to provide professional services and/or products under this Agreement. The Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of electronic data and/or information"property" of City in the care, custody, or control of Consultant. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 (any auto, with limits no less than$1,000,000 combined single limits. • 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. • 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. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • 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 Page 3 of 10 on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. • 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. • 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. • 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. • 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. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement,M-XX, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions. 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. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to City. Claims Made Policies. If any of the required policies provide coverage on a claims-made basis: • The retroactive date must be shown and must be before the date of the contract. • Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. • 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. Page 4 of 10 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. Subcontractors. Consultant 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. Failure to Maintain Insurance Coverage. If Consultant,for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach of Agreement. City, at its sole option, may terminate this Agreement at any time and obtain damages from Consultant resulting from said breach. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees, Consultants,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 or its subcontractors, agents, employees, or other persons acting on their 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 tenns 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 5 of 10 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent,trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. 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. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally,visually,electronically,or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Consultant without reference to information disclosed by the City. 12. 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. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement Page 6 of 10 shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O.Box 1988 Santa Ana,California 92702 Fax 714- 647-6956 Executive Director Information Technology Dept. City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Cardon Solutions, LLC. Attn: Donna Wukasch,Manager 1737 Spring Arbor Rd. #134 Jackson, MI 49203 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. 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. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations,inducements,promises or agreements,orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Page 7 of 10 15. ASSIGNMENT inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 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. TERMINATION This Agreement may be terminated by the City upon thirty(3 0) 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 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. 18. 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. 19. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, Page 8 of 10 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 maybe brought or arise out of, in connection with or by reason of this Agreement. 20. 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, 21. 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. [signatures appear on the following page] Page 9 of 10 SIGNATURE PAGE FOR CONSULTANT AGREEMENT WITH CARDON SOLUTIONS, LLC. TO PROVIDE DATA ARCHIVING AND REPORTING PILOT PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ;s ,, CITY OF A TA ANA G?.. ennifer alI Alvaro Nunez City C City Manager APPROVED AS TO FORM CONSULTANT SOMA W CARVALHO City Attorney By: onathan T. Martinez ' By: b pn y,,q,- VK LiS CA Assistant City Attorney Title: MGtft6ijC"&— RECOMMENDED FOR APPROVAL 'a "- Ja Ciulla E cutive Director In on-nation Technology Department Page t0 of 10 EXHIBIT A Cardon Solutions, LLC Proposal for a Simpler Systems Pilot Project for the City of Santa Ana March 7, 2025 1737 Spring Arbor Rd. #134 Jackson, MI 49203 Office (754) 220-3363 Overview Cardon Solutions, LLC(Cardon) is pleased to present this proposal to the City of Santa Ana (the City)for a Simpler Systems Pilot Project(Pilot), delivered in cooperation with Simpler Systems, Inc. (Simpler). The City is currently in the process of procuring a new Enterprise Resource Planning(ERP)system,which in part will replace the Infor Lawson Financial&Procurement System (Lawson)that the City has been using since 2009.When implementing a new ERP, standard practice is to convert a minimum level of financial details, balances,&documents from the old system.Accordingly,there is a need to archive the Lawson data to allow access to historical& unconverted data, as well as a need for data transparency and analysis during the conversion process.Additionally,the City is interested in a reporting platform that could be used throughout the City, simplifying access to data for many staff members.The Pilot will introduce the City's core team to Simpler datapps&will demonstrate how Simpler can be effectively used for archiving&operational analysis/reporting. Scope Licensing Simpler will provide the Simpler Platform to the City and will authorize the City to use the Simpler Platform for the duration of the Pilot free of licensing fees. At the completion of the Pilot, should the City decide to continue using the Simpler Platform, licensing will commence per the proposal submitted by Simpler to the City in February 2025. Should the City decide to discontinue use of the Simpler Platform,the Simpler Platform will be removed. Dat_ apes Cardon, using data from Lawson,proposes to deliver the following datapps: • General Ledger: o Journals: Provides detailed general ledger transactions o Revenue/Expenditure Summary: Provides summary-level budget&actual balances with drill- down to journals o General Ledger Balances: Provides summary-level balances for the trial balance/balance sheet with drill-down to journals. • Procure-to-Pay: o Purchase Order Balances: Provides various amounts for POs, e.g.Ordered Amount, Liquidated Amount, Balance (Open)Amount,etc. o Vendor Invoices: Provides details for vendor invoices • Tables: Datapps that provide data to support the main datapps, e.g., chart of accounts&vendors Page 1 Services The following services will be provided during the Pilot. Planning At the start of the Pilot,we will meet with the City to prioritize the scope, review the services to be delivered, discuss resources needed from the City, & prepare an estimated timeline. Environment Set-up Cardon will work with the City&the Simpler Systems technical team to determine the best approach for the application architecture. Cardon will: • Install the Simpler Systems code base • Create the application folder structure • Create the appropriate schemas in the database (provided by the City) which will host the extracted source system data • Set up the Internet Information Services(I IS) web instance. Analysis, Development, & Testing For each datapp, Cardon will: • Identify the tables&data that need to be extracted from Lawson • Extract the data • Generate the initial datapps • Conduct preliminary testing City Review& Testing After Cardon completes our preliminary testing, we will review each datapp with the City highlighting all features&functions.The City team will conduct their own testing& provide feedback to Cardon. Cardon will make necessary changes, &the process will repeat until each datapp is approved. Training Informal training will be conducted with the core team as each datapp is delivered. In addition, Cardon will provide a training guide using the City's datapps,that covers basic navigation&key features such as grouping, aggregating,filtering, &shortcuts. Page 2 Pricing Fees Services will be billed at a rate of$165/hour and will be invoiced monthly. Hours billed for the proposed Scope &Services will not exceed 150,for a maximum total cost of$24,750. in the event the delivery of the proposed Scope& Services requires fewer than 150 hours,the City may request additional services from Cardon. Assumptions Cardon has made the following assumptions for this proposal: • All work will be performed offsite. • The City will provide remote access to the required servers and applications for Cardon &Simpler Systems. • The Pilot does not include support for the roll-out of the data pps beyond the core team. About Cardon Solutions Cardon was founded in 2008 by Caryn Jenney and Donna Wukasch.We have worked together developing and supporting public sector applications since 1995,first at KPMG Consulting and then at Tier Technologies. In 2008,Cardon began working with Simpler Systems as an implementation partner.Since then,we have implemented and maintained Simpler datapps for a wide variety of subject areas&applications, including: Financials HRMS Fire(CAD/Record Mgmt.System • General Ledger • Employees • Incident Details • Procurement/Accounts Payable • Earnings History • Compliance • Accounts Receivable • Check History& Details • Response Times • Asset Management • Accruals + Inventory • Payroll/Deduction Registers Business Licenses • User Security Management • Workflow + License Statistics Utility Billing • Bills, Notices&Permits + Collections Budget Development • Utility Management + A/R Aging • Cashiering • Personnel Budget • Billing&Collections • Line-Item Budget + A/R Aging • Estimates to Complete Page 3 Certificate Of Insurance A��0�® CERTIFICATE OF LIABILITY INSURANCE D ATE 5YYY) 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 endorsements . PRODUCER CONTACT Techlnsurance, Division of Specialty Program Group LLC NAME: ONE 203 N.LaSalle St.,20th Floor,Chicago, IL 60601 fPAH/C No,E t, (800)688-1984 FnArc No; 312-690 4123 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: Hartford Fire Insurance Company 19682 INSURED INSURER B; Hartford Casualty Insurance Company 29424 Cardon Solutions, LLC INSURER C: 6850 Maple Dale Rd,Jackson,MI,49201 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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 ADDL SUBR POLICY EFF POLICY EXP LTR D WVD POLICY NUMBER MM/DDIYYYY MMIDDIYYYY LIMITS t/ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 10.000 B Yes Yes 46SBAAF5994 7/112024 7/1/2025 PERSONAL&ADV INJURY $ Excluded GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO ❑ LOC $ ExcludedPOLICY❑JECT PRODUCTS-COMPIOP AGO OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED Yes Yes 46SBAAF6994 7/1/2024 7/112025 BODILY INJURY(Per accident) $ AUTOS AUTOS B `� HIRED AUTOS �/ NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? ❑ NIA E.L.EACH ACCIDENT $ (Mandatory in NH) EL DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS belay E.L.DISEASE-POLICY LIMIT $ A Professional Liability(Errors and Omissions) 46TE0342804-24 10/2412024 10/2412025 Occurrence/Aggregate $1,000,0001$1,000,000 yes yes DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PROJECT AND LOCATION: SIMPLER REPORTING-JACKSON,MI City of Santa Ana is named as Additional Insured as their interests may appear in regards to the general liability and errors and omissions coverage per written contract.Waiver of subrogation in favor of the City of Santa Ana with regard to the general liability coverage and the errors and omissions coverage per written contract. Tu Tran Tigitally signed by Tu Tran NguyenDate APPROVED Nguyen 0847 025.05.14 7 Y Os:47:1 -0'00' 8y Tu Tran Nguyen at 8:46 am,May 14,2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Information Technology Dept. 20 Civic Center Plaza,M-42 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 -- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THE HARTFORD Select Customer Insurance Center 3600 WISEMAN BLVD. SAN ANTONIO TX 78251 Policyholder, please callus at: (866) 467-8730 Agent, please callus at: (866) 467-8730 SERVICE.TX@THEHARTFORD.COM INSURANCE ENDORSEMENT ATTACHED *** PLEASE REVIEW THE CHANGE*** Enclosed is an endorsement for your business insurance policy. Please review it at your convenience. If you have questions or need to make further changes: Policyholder, please callus at: (ass) 467-8730 Agent, please callus at: (866) 467-8730 between 7 A.M. and 7 P.M. CST . The premium billing will be mailed to you separately. You can expect to receive it soon. Thank you for allowing us to service your business needs. SPECIALTY PROGRAM GROUP LLC/PHS THE HARTFORD SELECT CUSTOMER INSURANCE CENTER The Hartford Hartford Fire Insurance Company and its Affiliates One Hartford Plaza,Hartford,Connecticut 06155 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: 46 SBAAFG994 DX Named Insured and Mailing Address; CARDON SOLUTIONS, LLC 6850 MAPLE DALE RD JACKSON MI 49201 Policy Change Effective Date: 05/12/25 Effective hour is the same as stated in the Declarations Page of the Policy. Policy Change Number: 006 Agent Name: SPECIALTY PROGRAM GROUP LLC/PHS Code: 505301 POLICY CHANGES: HARTFORD CASUALTY INSURANCE COMPANY ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: IH12001185 ADDITIONAL INSURED - PERSON-ORGANIZATION IH12001185 WAIVER OF SUBROGATION PRO RATA FACTOR: 0.137 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12 11 04 05 T Page oo1 Process Date: 05/13/25 Policy Effective Date: 07/01/24 Policy Expiration Date: 07/01/25 tLy POLICY NUMBER: 46 SBA AF6994 JIL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION LOC 001 BLDG 001 CITY AND COUNTY OF SAN FRANCISCO, ITS OFFICERS, AGENTS, AND EMPLOYEES 1 DOCTOR CARLTON B GOODLETT PLACE SAN FRANCISCO, CA 94102 LOC 001 BLDG 001 CITY OF SANTA ANA ITS COUNCIL, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS 20 CIVIC CENTER PLZ #M 42, SANTA ANA, CA 92701 LOC 001 BLDG 001 CITY OF LONG BEACH RISK MANAGEMENT THE CITY OF LONG BEACH, ITS OFFICIALS, EMPLOYEES AND AGENTS 411 EAST OCEAN BOULEVARD LONG BEACH, CA 90802 LOC 001 BLDG 001 COUNTY OF SONOMA, ITS OFFICERS .AND EMPLOYEES 2300 COUNTY CENTER DR STE A220 SANTA ROSA, CA 954C3 LOC 001 BLDG 001 CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS 20 W CIVIC CENTER DR # M 42 SANTA ANA, CA 92701 Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 001 Process Date: 05/13/25 Expiration Date: 07/01/25 POLICY NUMBER: 46 SBA AF6994 AL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION CITY OF SANTA ANA ITS CITY COUNCIL, OFFICICALS, EMPLOYEES,AGENTS AND VOLUNTEERS 20 CIVIC CENTER PLZ #M 42, SANTA ANA, CA, 92701 Form IH 12 00 1185 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 05/13/25 Expiration Date: 07/01/25 ENDORSEMENT NO:25 This endorsement, effective 12:01 am, 05/06/2025 forms part of policy number 46 TE 0342804-24 issued to: CARDON SOLUTIONS, LLC by: HARTFORD FIRE INSURANCE CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL YOU You and we agree that: Section II —Definitions is changed to add the following to the definition of you or your: 8. City of Santa Ana its City Council officers, officials, employees, agents, and volunteers 20 Civic Center Plaza, M-42 Santa Ana, CA 92701_as an additional you, but only if: a. the claim is caused by a wrongful act committed by the named insured, or by parties described in items 2 through 4 of the definition of you or your in Section I1— Definitions, in the named insured's performance of enterprise services; and b. there are no allegations of independent misconduct by City of Santa Ana its City Council officers officials employees, agents. and volunteers 20 Civic Center Plaza, M-42 Santa Ana, CA 92701_. Section III — Exclusions, Subsection B.1 is deleted and replaced with the following: 1. any of you; however, this exclusion will not apply to claims made: a. by any of you described in items 3, 4 or 5 of the definition of you when the claim is made in their capacity as a client as a result of enterprise services performed by the named insured on their behalf; b. against the named insured by any of you described in items 3 or 4 of the definition of you when the claim is the result of the named insured's failure to prevent identity theft or disclosure of nonpublic personal information; or c. by City of Santa Ana its City Council officers officials employees, agents, and volunteers 20 Civic Center Plaza, M-42 Santa Ana,CA 92701 when the claim is made in their capacity as a client as a result of enterprise services performed by the named insured on their behalf. All other terms and conditions remain unchanged. A. Morris Tooker, President FS 00 H301 00 1016 FailSafe Page 1 of 1 ®2016, The Hartford ENDORSEMENT NO:26 This endorsement, effective 12:01 am, 05/06/2025 forms part of policy number 46 TE 0342804-24 issued to: CARDON SOLUTIONS, LLC by; HARTFORD FIRE INSURANCE CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. You and We agree that: Endorsements#23 and #24 are hereby removed. This endorsement does not change the policy except as shown. A. Morris Tooker, President FS 00 H996 00 1016 ©2016, The Hartford Page 1 of 1 ENDORSEMENT NO:27 This endorsement, effective 12:01 am, 05/06/2025 forms part of policy number 46 TE 0342804-24 issued to: CARDON SOLUTIONS, LLC by: HARTFORD FIRE INSURANCE CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF RIGHTS OF RECOVERY You and we agree that: Section VI I—Conditions, the subsection entitled Transfer of Rights of Recovery Against Others to Us, is deleted and replaced with the following: Transfer of Rights of Recovery Against Others to Us You must do nothing to impair your rights to recover all or any part of any payment we have made under this policy, and those rights are transferred to us. At our request you will bring suit or transfer those rights to us and help us enforce them. Any recoveries will be paid first to reimburse the person or entity that paid the subrogation costs, then to us for the amount we have paid for claim expenses and damages. Any amount that may remain will be paid to the first named insured. However, solely as respects enterprise services performed by you for City of Santa Ana, its Cily Council, officers, officials employees, agents, and volunteers 20 Civic Center Plaza M-42 Santa Ana CA 92701, we will waive any right of recovery we may have against City of Santa Ana its City Council officers officials employees, agents, and volunteers 20 Civic Center Plaza M-42 Santa Ana CA 92701 for amounts paid by us for claim expenses or damages. All other terms and conditions remain unchanged. A. Morris Tooker, President FS 00 H311 00 1016 FailSafe@ Page 1 of 1 ©2016, The Hartford CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE I Donna Wukasch ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of Ciardon Solutions, LLC ("Company"),and (ConsultantiCompany Namc) possess the authority to legally bind Company. In my capacity as Representative of Company.I represent and confirm the following,as relates to the agreement between Company and City of Santa Ana,agreement number ("Agreement")to provide Simpler Reporting POC ("Services"): (5ervlom to ba provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana,Company will not employ any person in any manner so as to become subject to the workers' compensation laws of California,and agree that if Company should become subject to the workers'compensation provisions of Section 3700 of the Labor Code,Company shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. If at any time it is found that Company is not adhering to any and/or all ofthe statements in this- document and does not maintain the minimum professional liability insurance coverage as required in the Agreement,it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. 4/11/2025 Signvnue Date Donna Wukasch Print Nme Manager Titic 754-220-3363 ; donna@cardonsolutions.com Contact Information,i.e.,Telepbmw Numbcr andror Ernail Address WARNING: FAILURE TO SECURE WORKERS'COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSANT DOLLARS($100,000).IN ADDITION TO THE COST OF COMPENSATION,DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST,AND ATTORNEY'S FEES. Affidavit of Exemption for Workers'Compensation Insurance 11.12.2024 CERTIFICATE OF LIABILITY INSURANCE D 08/26/2o� 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 be endorsed. If SUBROGATIONIS 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 SPECIALTY PROGRAM GROUP LLC/PHS NAME: 46505301 PHONE (866)467-8730 FAX (A/C,No,Ext): (A/C,No): The Hartford Business Service Center 3600 VUseman Blvd E-MAIL San Antonio,TX 78251 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Casualty Insurance Company 29424 CARDON SOLUTIONS, LLC INSURERB: 6850 MAPLE DALE RD JACKSON MI 49201-9862 INSURERC: INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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 ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DDN COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED $300,000 PREMISES Ea occurrence X General Liability MED EXP(Any one person) $10,000 A X X 46 SBA AF6994 07/01/2025 07/01/2026 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $Z,000,OOO JECT POLICY ❑PRO- Fx LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) A ALL OWNED SCHEDULED 46 SBA AF6994 07/01/2025 07/01/2026 BODILY INJURY(Per accident) AUTOS AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- AGGREGATE MADE DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE I ER ANY YIN E.L.EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE NIA OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below A EMPLOYMENT PRACTICES 46 SBA AF6994 07/01/2025 07/01/2026 Each Claim Limit $5,000 LIABILITY Aggregate Limit $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations. Reference:Simpler Reporting;Jackson, MI. CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Attn: Information Technology Dept BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED 20 CIVIC CENTER PLZ#M-42 IN ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA CA 92701 AUTHORIZED REPRESENTATIVE �i,4eotil 6f ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DigitAly,igned APPROVED TU TYdn Nv n T Nguyyen Nguyen Date:2025.09.15 By Tu Tran Nguyen at 3:25 pm,Sep 15,2025 15:26:08 02'00' AGENCY CUSTOMER ID: LOC#: r ryr• ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED SPECIALTY PROGRAM GROUP LLC/PHS CARDON SOLUTIONS, LLC POLICY NUMBER 6850 MAPLE DALE RD SEE ACORD 25 JACKSON MI 49201-9862 CARRIER NAIC CODE SEE ACORD 25 EFFECTIVE DATE:SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE City of Santa Ana, but only as required by a valid written contract, agreement, or permit is an additional insured as provided by the Business Liability Coverage Form SS0008 attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SS0008, attached to this policy. Notice of Cancellation will be provided in accordance with Form SS1224, attached to this policy. ACORD 101 (2014/01) ©2014 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 46 SBA AF6994 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION LOC 001 BLDG 001 CITY AND COUNTY OF SAN FRANCISCO, ITS OFFICERS, AGENTS, AND EMPLOYEES 1 DOCTOR CARLTON B GOODLETT PLACE SAN FRANCISCO, CA 94102 LOC 001 BLDG 001 CITY OF SANTA ANA ITS COUNCIL, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS 20 CIVIC CENTER PLZ #M 42, SANTA ANA, CA 92701 LOC 001 BLDG 001 CITY OF LONG BEACH RISK MANAGEMENT THE CITY OF LONG BEACH, ITS OFFICIALS, EMPLOYEES AND AGENTS 411 EAST OCEAN BOULEVARD LONG BEACH, CA 90802 LOC 001 BLDG 001 COUNTY OF SONOMA, ITS OFFICERS AND EMPLOYEES 2300 COUNTY CENTER DR STE A220 SANTA ROSA, CA 95403 LOC 001 BLDG 001 CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS 20 W CIVIC CENTER DR # M 42 SANTA ANA, CA 92701 Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 001 Process Date: 05/19/25 Expiration Date: 07/01/26 POLICY NUMBER: 46 SBA AF6994 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION CITY OF SANTA ANA ITS CITY COUNCIL, OFFICICALS, EMPLOYEES,AGENTS AND VOLUNTEERS 20 CIVIC CENTER PLZ #M 42, SANTA ANA, CA, 92701 Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 05/19/25 Expiration Date: 07/01/26