HomeMy WebLinkAboutBOSCH, WESLEY A., M.A. MFTINSURANCE NOT ON FILE
WORK MAYNff PROCEED
CLERK OF COUNCIL
WE: MAR 0 4 2019
C,VA
AGREEMENT TO PROVIDE ASSESSMENTS OF
SHILL LEVELS AND SERVICES
N-2019-042
THIS AGREEMENT is made and entered into this nineteenth day of February, 2019, by and
between Wesley A. Bosch, MA MFT ("Consultant'), and 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").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
comprehensive and specialized assessments of skill levels and service needs of adults,
youth, and dislocated workers, such as diagnostic testing and use of assessment tools; and
in-depth interviewing and evaluation to identify employment barriers and appropriate
employment goals.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
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, attached hereto and
incorporated by reference.
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a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges for 2019-2020 identified in Exhibit B, attached hereto and
incorporated by reference. The total amount of the Agreement shall not exceed
$10,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals which may reasonably be expected by City.
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3. TERM
This Agreement shall commence on the date first written above and continue until June 30,
2020, unless terminated earlier in accordance with Section 15 below. Additionally, the City shall
have two (2) optional one (1) year extensions of the Term of the Agreement that may be exercised
by a writing executed by the City Manager and the City Attorney. Thereafter, the Term of this
Agreement may be extended by a writing executed by the City Manager and the City Attorney.
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 employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
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 shall 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
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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
(c) 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 Compensation Insurance. In accordance with the provisions of Section
3700 0£ 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. If 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. Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to famish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the 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.
7. 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
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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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
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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.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, 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. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, 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 is not embodied herein.
14. 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.
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15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
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To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-27)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Consultant:
Wesley A. Bosch, MA, MFT
24001 Muirlands Blvd., #331
Lake Forest, CA 92630
Tel: 949-357-4207
Fax: 949-829-4368
Email: WBoschMFT@gmail.com
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
y
Norma Mitre
Acting Clerk of the Council --
SONIA R. CARVALHO
City
By:
Rya
Assi
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Steven A. Mendoza
Acting City Manager
CONSULTANT:
Wesley A. hosch, MA, MFT
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EXHIBIT A
SCOPE OF SERVICES
SERVICE REQUESTED
A. Description
Comprehensive and specialized assessments of skill levels and service needs of adults,
youth, and dislocated workers, such as diagnostic testing and use of assessment tools; and
in-depth interviewing and evaluation to identify employment barriers and appropriate
employment goals.
Assessment means an examination of a customer's basic skills, occupational skills, prior work
experience, employability interests, aptitudes, supportive service needs, level of commitment
to gaining and retaining employment and/or reaching and maintaining economic self-
sufficiency.
B. Deliverable
Completed assessment packages may lead to the development of individual employment
plans to identify the employment goals, appropriate achievement objectives, and appropriate
combination of services to achieve the goals. In addition to hard copies of assessment
materials/tools employed, assessment packages must include a summary of assessment
results clearly identifying test scores, highlighting skill sets, and ranking program commitment
level and employability.
C. Type of Contract and Method of Payment
Cost reimbursement based on individual referrals will be the type of contract and method of
payment determined at the time of final selections of contractors.
II. SCOPE OF WORK
The comprehensive skills assessment for participants must:
• Examine the capabilities, needs and vocational potential of participants;
• As a process, be useful to ascertain an individual's skill levels and needs for referrals
to appropriate training and educational programs leading to employment;
• Be a source of information and a foundation to develop the client specific individual
employment plan;
• Be client centered and, at a minimum, take into account the participant's:
o Family situation;
o Education;
o Basic educational skill;
o Prior work experience and skills;
o Occupational skills;
o Life circumstances of barriers to participation in training and/or work;
o Employability (attitude towards work, motivation, work maturity skills, financial
resources and needs;
o Interest, career goals and aptitudes (including non-traditional jobs);
o Supportive service needs; and
o Personal employment information relating to the local labor market.
Both the assessment system and personnel providing the services must be capable of serving a
diversified population and their particular needs.
Wesley Bosch, MA, MFT
EXHIBIT B
Fee Schedule
Vocational Assessment fees:
The 2 -day full objective assessment cost per person:
2018-2019 — $245
2019-2020 — $248
The modified assessment cost per person:
2018-2019 — $178
2019-2020 — $180
December 17, 2018
Basic Skills -only testing when requested by case manager: $45 - $90, depending on
partial or full testing.
Although not requested in this RFQ, in the outside possibility of a request by the Work
Center director for miscellaneous additional activities, the fee would be: $45 per hour.
PIU LAI) E LP IUA
- 1NYritANVE COMVAniv.s
E Ai.GfI CiATi. ii
Certificate of Liability Insurance
Date Issued: 06/26/2018
underwritten by; Philadelphia Indemnity Insurance Company • One Bala Plaza, Suite 100 .Bala Gynwyd, PA 19004, NAIC #: 18058
Administered by: CPH & Associates - 711 S. Dearborn St. Ste 205 Chicsgo, IL 60605 P800.87,5,1911 F312,967,0902 inhe@cphins.com
DISCLAIMER: This certificate is issued as a smatterer information only and confers no rights upon the certificate holder, The Certificate of Insurance does not
constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, hardness it affirmatively or negatively amend,
extend, or alter the coverage afforded by the policies listed thereon.
Insured: Wesley A Bosch Policy Number: 081041
24001 Muirlands Blvd Spc 331 Policy Term: 08/21/2018 to 08!21/2019
Lake Forest, CA 92630 Occupation: Licensed Marriage and Family
Therapist
Covered Locations
Professional Liability: Portable coverage, not location specific
General Liability insured Location(s);
25283 Cabot Rd., Suite 204, Laguna Hills, CA 92663
Coverage Type
Per incident
Aggregate
(Occurrence Form)
(Per individual claim)
(Total amount per year)
Professional Liability
$1,000,000
$ 3,000,000
Supplemental Liability
$ 1,000,000
$ 3,000,000
Licensing ;Board Defense
$ 35,000
$ 35,000
Commercial General
Liability
$ (000,000
$ 3,000,000
FrreMlaPer Legal Liability
$ 250,000
$ 250,000
Business Personal Property
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Comments/Special Descriptions:.
Certificate Holder
City of Santa Ana, its Officers, Agents, and Employees
20 Civic Center Plaza
Santa Ana, CA 92702
L� Certificate Holder has been added as an additional insured
If the Certificate holder in an ADDITIONAL INSURED, the policy(ies} must be endorsed. A statement on this cert'dicate doe, not conic; right, to the cerhicats holder in
ties of such eodorsemenhi,). Notice of Cancellation will only be provided to the first named insured in accordance rdth policy provisions, who shall art on behalf of all
additional insured, with respect to giving notice of cancellation.
Authorized Representative
C. Philip Hodson
THIS ENDORSEMENT CHANGED THE POLICY. PLEASE READ IT CAREIFt7, L9 Y
Additional Insured Endorsement
This endorsement modifies insurance provided under the following:
ALLIED HEALTHCARE PROVIDERS PROFESSIONAL
AND SUPPLEMENTAL LIABILITY POLICY
In consideration of the premium paid, this policy is amended as follows
City of Santa Ana, its Officers, Agents, and Employees is hereby added as an Additional Insured, solely
for Damages arising out of a Professional Incident covered under this policy. The Professional
Incident must arise out of services provided by the Insured, under contract with City of Santa Ana, its
Officers, Agents, and Employees.
Additional Insured Name and Mailing Address:
City of Santa Ana, its Officers, Agents, and Employees
20 Civic Center Plaza
Santa Ana, CA, 92702
All other terms and conditions of this policy remain unchanged. This endorsement is part of your policy and
takes effect on the effective date of your Policy, unless another effective date is shown below,
Policy, 081041
Effective on and after: 08/21/2018
Issued to: Wesley A Bosch
Expiration date: 08121/2019
PI-PiCP-06 (03/01)
By: Robert O'Leary, Authorized Representative
Philadelphia Indemnity Insurance Company
Locations Schedule
The following locations are covered under the Liability Coverage Enhancement PI-PHCP-11 (07/10)
Policy Number 081041
Location No. Address
1. 25283 Cabot Rd., Suite 204
Laguna Hills, CA 92653
2. 801 W. Civic Center D.
Santa Ana, CA 92701
Lie. No.: LMFT 16179 WcslcgA. ,505Gl7j Mala /yFT
24001 Muirlands BIvd., 4331 _ WboschMFT(a�gmaiLcom
Lake Forest, CA 92630 949-357-4207
February 21, 2019
City of Santa Ana
Santa Ana WORK Center
801 W. Civic Center Dr., Suite 200
Santa Ana, CA 92701
To Whom It May Concern:
I, Wesley Bosch, certify that I will immediately notify the City of Santa Ana of any changes in or cancellation of
my professional liability insurance policy. My policy number is 081041. The policy is underwritten by
Philadelphia Indemnity Insurance Company and administered by CPII and Associates, as indicated in the
attached certificate.
i a' Aa
Wesley A. Bos h, MA, MFT
%TAY. m *.LIP 0PN SA
DEPARTMENT OF CON•OUMEP AFFAO18
LICENSED MARRI
License No. LMFT16179
Certificate No. 143585
WESLEY ALLAN BOSCH
24331 MUIRLANDS BLVD # 04-123
LAKE FOREST, CA.92630-3688
Board of Behavioral Sciences
1525 N. Market Blvd. Suite 5-200
Sacramento, CA 95834
(916)574-78.30
Y THERAPIST
Until: 07131/2019
_NON -TRANSFERABLE -- -- _ ,-_POST IN PUBLICVIEW ---- -
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