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HomeMy WebLinkAboutFELICE STINSON HERNANDEZN-2018-133 INSURANCE NOT ON FILE C CLERK OF COUNCIL DATE:, xL 2,5 26? AGREEMENT WITH FELICE STINSON HERNANDEZ d: Pokiee C I, TO PROVIDE COUNSELING SERVICES 'PISCO/ THIS AGREEMENT, made and entered into this 1" day of. July 2018 by and between Felice Stinson Hernandez (hereinafter "Consultant"), and the City of Santa Ana, a charter city and muuucipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of counseling and/or instructional services encompassing the fields of anger management, stress reduction, conflict tnanagement/resolution; domestic violence avoidance, chemical dependency, life skills/family issues and community resources to the inmates housed at the Santa Ana City Jail. B. Consultant represents that she is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that he is knowledgeable in his 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, due parties agree as follows: 1. SCOPE OF SERVICES Consultant and City shall perform those services as set forth in Exhibit A to this Agreement which includes counseling and/or instructional services to urinates in the areas of anger agreement, stress redaction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources. 2 COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for services an hourly rate of thirty-seven dollars ($37.00) for all scheduled instructional and counseling sessions. The total suun to be expended during the term of this Agreement shall not exceed $25,000. b. Payment by City shall be made within thirty (30) 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, 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 201:9 unless terminated earlier in accordance with Section 12, below. 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, ajoint 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General. Liability Insurance. Consultant she maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury; including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (e) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's CompensationInsurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. 1f Consultant' is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the 'insurance to be. provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii, Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv, Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a filly executed additional insured endorsement. f. I£ Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have die right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. !ill'Twplkl ilfllCiF_Vi�iCQ►`J 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 reltie to the negligence, recklessness, or willful misconduct of the Consultant. CONFIDENTIALITY If Consultant receives fiom 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 tl,O 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. 8, 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. SMEHI MO 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 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: Santa Ana City Jail — Contract Services Supervisor City of Santa Ana 20 Civic Center Plaza M-88 P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-81.16 and 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: Felice Stinson Hernandez 320 South Pixley Orange, CA 92868 A party may change its address by giving notice in writing to the other patty. 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, dilly 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 alter 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and. Consultant, and supersedes any and all other agreements, oral or written, between the patties. 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 ten -ns and 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 party, which is not embodied herein. 11. 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 withoutthe priorwritten 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 service's which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City with or without cause upon thirty (30) days written notice of termination. to 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 City Manager 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. 13. ]DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defmcd and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 fimber 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the tenor 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and wanmits 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 attorneys fees, for any injuries or damages to City in the event that such authority or power is not, at fact, held by the signatory or is withdrawn, b All Exhibits referenced herein and attached hereto shall be incorporated as if filly set forth in the body of this Agreement. N-2018-133 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA L C�01) *-'Z I �MARJA D. "HUIZAR 1% L�JR 7 Clefl< of the Council City Manager�q APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT City Attorney By: Pogosim Felice Stinson Hernandez Assistant City Attorney RECOMMENDED FOR APPRqVAL: C�NT �Z—VALE IN Chief of Police N-2018-133 EXHIBIT A SCOPE OF SERVICES 1. CITY'S Responsibilities: The CITY shall provide the following assistance to CONSULTANT: a. Identify a contact person who shall be responsible for scheduling and coordinating the services to be provided by CONSULTANT. The subject matter, the number of hours and the scheduling of hours shall be at the sole discretion of the CITY. b. Schedule and record CONSULTANT'S time worked during meetings, instruction and counseling sessions. c. Provide an adequate facility that will allow CONSULTANT to perform the services required under this agreement in. an efficient and timely manner. d. Provide prompt notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect in the services provided under the terms of the agreement. 2. CONSULTAN'T'S Responsibilities; CONSULTANT shall provide the following services to CITY: a Deliver instructional and/or counseling services in the following program areas to selected inmates: (1) anger management (2) stress reduction (3) conflict management/resolution (4) domestic violence (5) chemical dependency (6) life skills/family issues (7) community resources b. Coordinate with CITY staff to facilitate delivery of program material. c. Collect specific diagnostic and statistical information regarding inmates in attendance and program material. d. Assign inmates tasks to perform and goals to reach in relation to the program material. e. Provide inmates in attendance with refeirals to other agencies and community resources that can provide additional instruction and/or counseling as follow-up to the program material already delivered. SUPPLEMENTAL INSURANCE CHECKLIST TO: CLERK OF THE COUNCIL OFFICE FROM: CONTRACT ADMINISTRATOR: J. Manriquez NAME OF CONSULTANT / PARTY: Felice R. Hernandez EXT.: 8123 AGREEMENT NUMBER (IF APPLICABLE): N-2018-13113 Please review the insurance section of the agreement to ensure all necessary certificates of insurance are submitted to the Clerk's Office. Please provide ALL documents listed to fully execute the agreement and avoid payment delay to the vendor. Please check all boxes below that apply to your agreement. BUSINESS AUTOMOBILE LIABILITY NON -OWNED ❑ HIRED ❑ OWNED ❑ GENERAL LIABILITY ® ❑ PROFESSIONAL LIABILITY ® ❑ WORKER'S COMPENSATION ❑ REVISED: 9/19/2018 CNA HEALTHCARE PROVIDERS SERVICE ORGANIZATION PURCHASING GROUP WHPSO Certificate of 1twurance OCCURRENCE POLICY FORM Print Date: 12/17/2018 �Iif Pro r Branch Prefix Policy Number Policy Period 018098 970 HPG 0619799393 from 09/23/18 to 09/23/1 gat 12:01 AM Standard Time Named Insured and Address: Program Administered by: Felice R Hernandez Healthcare Providers Service Organization 320 S Pixley St 1100 Virginia Drive, Suite 250 Orange, CA 92868-4030 Fort Washington, PA 19034 1-800-982-9491 www.hpso.com Medical Specialty: Code: Insurance is provided by: Rehabilitation Counselor 80723 American Casualty Company of Reading, Pennsylvania 333 S. Wabash Avenue, Chicago, IL 60604 Excludes Cosmetic Procedures Professional Liability $1,000,000 each claim $ 3,000,000 aggregate Your professional liability limits shown above include the following: * Good Samaritan Liability * Malplacement Liability Personal Injury Liability * Sexual Misconduct Included in the PL limit shown above subject to $ 25,000 aggregate sublimit Coverage Extensions License Protection $ 25,000 per proceeding $ 25,000 aggregate Defendant Expense Benefit $ 1,000 per day limit $ 25,000 aggregate Deposition Representation $ 10,000 per deposition $10,000 aggregate Assault $ 25,000 per incident $ 25,000 aggregate Includes Workplace Violence Counseling Medical Payments $ 25,000 per person $100,000 aggregate First Aid $ 10,000 per incident $10,000 aggregate Damage to Property of Others $ 10,000 per incident $10,000 aggregate Information Privacy (HIPAA) Fines and Penalties $ 25,000 per incident $ 25,000 aggregate Workplace Liability Workplace Liability Included in Professional Liability Limit shown above Fire & Water Legal Liability Included in the PL limit shown above subject to $150,000 aggregate sublimit Personal Liability $1,000,000 aggregate Total: $ 120.00 Base Premium $120.00 Premium reflects Self Employed , Part Time Policy Forms & Endorsements(Please see attached list for a general description of many common policy forms and endorsements.) G -121500-D G -121503-C G -121501-C1 G -145184-A G -147292-A GSL15563 GSL15564 GSL15565 GSL17101 GSL13424 CNA80051 CNA80052 G -123846-D04 CNA81753 CNA81758 CNA82011 CNA79575 Keep this document in a safe place. It and proof of payment are your proof of coverage. There is no coverage in force unless the premium is paid in full. In order to activate your coverage, please remit Chairman of th Board Secretary premium in full by the effective date of this Certificate of Insurance. Master Policy # 188711433 G -141241-B (03/2010) Coverage Change Date: Endorsement Change Date: POLICY FORMS & ENDORSEMENTS The following are the policy forms and endorsements that apply to your current professional liability insurance policy COMMON POLICY FORMS & ENDORSEMENTS FORM # DESCRIPTION G -121500-D Common Policy Conditions G -121503-C Workplace Liability Form G -121501-C1 Occurrence Policy Form - California G -145184-A Policyholder Notice - OFAC Compliance Notice G -147292-A Policyholder Notice - Silica, Mold & Asbestos Disclosure GSL15563 Information Privacy Coverage Endorsement HIPAA Fines, Penalties & Notification Costs GSL15564 Sexual Misconduct Sublimits of Liability Professional Liability & Sexual Misconduct Exclusion GSL15565 Healthcare Providers Professional Liability Assault Coverage GSL17101 Exclusion of Specified Activities Reuse of Parenteral Devices and Supplies GSL13424 Services to Animals CNA80051 Amended Definition of Personal Injury Endorsement CNAB0052 Distribution or Recording of Material or Information in Violation of Law Exclusion Endorsement G -123846-D04 California Cancellation and Non -Renewal CNA81753 Coverage & Cap on Losses from Certified Acts Terrorism CNA81758 Notice - Offer of Terrorism Coverage & Disclosure of Premium CNA82011 Related Claims Endorsement CNA79575 Exclusion of Cosmetic Procedures PLEASE REFER TO YOUR CERTIFICATE OF INSURANCE FOR THE POLICY FORMS & ENDORSEMENTS SPECIFIC TO YOUR STATE AND YOUR POLICY PERIOD. For NJ residents: The PLIGA surcharge shown on the Certificate of Insurance is the NJ Property & Liability Insurance Guaranty Association. For KY residents: The Surcharge shown on the Certificate of Insurance is the KY Firefighters and Law Enforcement Foundation Program Fund and the KY LGPT is the KY Local Government Premium Tax which includes charges at a municipality and/or county level. For WV residents: The surcharge shown on the Certificate of Insurance is the WV Premium Surcharge. For FL residents: The FIGA Assessment shown on the Certificate of Insurance is the FL Insurance Guaranty Association - 2012 Regular Assessment. Form#: G-1 41241 -B (03/2010) Named Insured: Felice R Hernandez Master Policy#: 188711433 Policy#: 0619799393 HEALTHCARE PROVIDERS PROFESSIONAL LIABILITY COVERAGE PART ENDORSEMENT Additional Insured — Person or Entity In consideration of the premium paid, and subject to the Professional Liability limit of liability shown on the certificate of insurance, it is agreed that the PROFESSIONAL LIABILITY COVERAGE PART is amended as follows: The person or entity named below (the "additional insured") is an insured under this Coverage Part but only as respects its liability for your medical incidents and solely to the extent that: 1. a professional liability claim is made against you and the additional insured; and 2. in any ensuing litigation arising out of such claim, you and the additional insured remain as co- defendants. In no event is there any coverage provided under this policy for a medical incident that is the direct liability of the additional insured. Additional Insured: City of Santa Ana 20 Civic Center Plaza S Tii� ZISKNG[rYXNS11111 This endorsement is a part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. All other provisions of the policy remain unchanged. Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to he Effective with the Policy ISSUED TO ENDORSEMENT EFFECTIVE DATE Felica R Hernandez 12/19/2018 G -121486-B (07/2001) Page 1 of 1 Must Be Completed ENDT. NO. Policy 1 619799393 Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to he Effective with the Policy ISSUED TO ENDORSEMENT EFFECTIVE DATE Felica R Hernandez 12/19/2018 G -121486-B (07/2001) Page 1 of 1 WORKERS' COMPENSATION DECLARATION I Felice Hernandez hereby affirm under penalty of perjury, the (Name/Title) following declaration I certify on behalf of Felice Hernandez, Counselor that during the term of my Counseling (Consultant/Company Name) contract for services with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide proof of workers' compensation coverage. DATE: 12/19/2018 By: T 'e Nam �z Title: Coun' Telephone: 7 469.8332 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND 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.