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HomeMy WebLinkAboutBOSCH, WESLEY A., M.A. MFT-2017INSURANCE NOT ON FILE WORK MAY NOT PROCEED N-2017-246 CLERK OF COUNCIL DATE; AGREEMENT TO PROVIDE ASSESSMENTS OF d-. coA (o) SKILL LEVELS AND SERVICES THIS AGREEMENT is made and entered into this 27 day of November, 2017, 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. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges for 2017-2018 identified in Exhibit B, attached hereto and incorporated by reference. The total amount of the Agreement shall not exceed $25,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 10 3. TERM This Agreement shall commence on the date first written above and continue for a one (1) year period, unless terminated earlier in accordance with Section 15 below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent 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 Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to Page 2 of 10 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 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. 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. C. 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 furnish 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 injury, damages, just compensation, restitution, judicial or equitable relief arising out of Page 3 of 10 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. 0101ENORDIR&I 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 Page 4 of 10 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. 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. Page 5 of 10 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 Page 6 of 10 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: 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 Fax: 949-829-4368 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 Page 7 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year hist above written. ATTEST: Maria D. Huizar. ei Clerk of the Council APPROVER AS TO FORM: SONIA R. CARVALHO City Attgtigy ri By: Ryan RECOMMENDER FOR APPROVAL: ROBERT ZUR S H IED Interim Executive rector Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: Wesley A. Bosch, MA, MFT Page 8 of 10 _SCOPE OF SERVICES 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. Individuals referred to assessment will be enrolled into the WIOA program and receive Career Services as prescribed by the WIOA, established by SAWC procedures, and determined by SAWC staff. 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. aQOPE 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: City of Santa Ana WORK Center Request for Qualifications for Assessment Services Page 11 o Family situation; o Education; o Basic educational skill; o Prior work experience and skills; a 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); 0 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. City of Santa Ana WORK Center Request for Qualifications for Assessment Services Page 12 WATIi PROPOSERS STATEMENT Atm FEE SCHEDULE CERTIFICATION I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of work requirements. I am familiar with all of the existing conditions and limitations that may Impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PEE SCHEDULE Please provide a description of vocational evaluation or assessment services that the company has provided and can provide to the City, along with a proposed fee schedule. LEGAL NAME OF 2Z/60 BUSINESS AD I ttta121 U S r_ K AUTHORIZED AGENT 3-1 7— V 67 — r 1,,,146_ 4r1NF Amn FAY NI IMRFk�%% 4/ 3 3/ Z- a 6& F rt �'t C'&- 7.2 6 lrl//P;�'-l" �Iell' 'An,,- .c.�2 - zel c- S c A tv±t C"' q�ia SIGNATURE OF/AUTHOiZIZED AGENT DATE E-MAILADDRESS 14P7— FEDERAL ID NO. (IF APPLICABLE) CONTRACTOR LICENSE NO. (IF APPLICABLE) City of Santa Ana WORK Center Request for Qualifications for Assessment Services Page 13 Wesley Bosch, MA, MFT EXHIBIT B Fee Schedule Vocational Assessment fees: The 2 -day full objective, assessment cost per person: 2017-2018 -- $240 2018.2019 ,- $241 2019-2020 -- $242 The modified assessment cost per person: 2017-2018 •- $175 2018-2019 -- $176 2019-2020 -- $177 Basic Skills -only testing when requested by case manager: $40 - $80, depending on partial or hull testing. Although not requested in this RPQ, in the outside possibility of a request by the Work Center director for miscellaneous additional activities, the fee would be: $45 per hour. Certificate of Insurance (Proof of Coverage) Date Issued: 11/09/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Insured Name and Mailing Address* Cancellation Program Administrator Wesley A Dosch Employees Administered By: 24331 Muirlands Blvd #D4-123 notice will be delivered in accordance with the policy provisions. CPH and Associates N-2017-246 Holder has also been added to the policy as an additional insured:** [ 3� Yes/No ] 711 S. Dearborn, Suite 205 Lake Forest, CA 92630 /Y ' P Chicago, IL 60605 P.312-987-9823 F.312-987-0902 endorsed. A statement on this certificate does not confer rights to the certificate holder *Additional insured locations are often requested by individual business owners who have more than 'nL fql< hius com one office. Your coverage is portable, meaning that you are covered at any location for practice under Underwritten By: he occupation(s) listed on your policy. Philadelphia Indemnity Insurance Company Coverage Policy #:081041 IEffective Date: 08/21/2017 [Expiration Date: 08/21/2018 HE 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 BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits of Liability EACH OCCURRENCE AGGREGATE Coverage Part (Per individual claim) (Total amount per policy year $1,000,000 $3,00 000 Professional Liability Commercial General Liability $1,000,000 $3,000,000 Includes: General Liability, Fire & Water Legal Liability and Personal Liability N/A N/A Pr2gerty Coverage $1000,000 $3,000,000 Supplemental Liabili Unlimited Unlimited Defense Expense Coverage $35,000 $35,000 State Licensing Board Investigation Defense Coverage $15,000 $15,000 Assault Coverage $10,000 $35,000 Deposition Expense Benefit $5,000/person $50,000 Medical Ex ense Coverage $15,000 $15,000 First Aid Coverage Description/Special Provisions: General Liability Insured Location(s): 25283 Cabot Rd., Ste. 204 Lacuna Hills, CA 92653 : 1000 E. Santa Ann Blvd.. Ste. 200 Santa Ana, CA 92701 Certificate Holder Cancellation City of Santa Ana, its Officers, Agents, and Employees Should any of the above described policies be cancelled before the expiration date thereof, 0 Civic Center Plaza notice will be delivered in accordance with the policy provisions. Santa Ana, CA 92702 Holder has also been added to the policy as an additional insured:** [ 3� Yes/No ] t j wore /Y ' P **If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder Authorized Representative in lieu of such endorsement(s). C. Philip Hodson DISCLAIMER:The Certificate of Insurance does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend, or alter the coverage afforded by the policies listed thereon. Additional Insured - Lessor 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 Section III. Insured is amended to include the following entity or entities as an additional Insured, but only with respect to their liability arising of the Insured's use, operation, or maintenance of the premises listed (if different from mailing address in the Declarations). Additional Insured Name and Mailing Address: City of Santa Ana, its Officers, Agents, and Employees 20 Civic Center Plaza Santa Ana, CA, 92702 Premises Address (if different from mailing address shown on the Declarations) "Revised, effective 11/08/2017, at no additional premium. at the premium of $0.00 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: 11/08/2017 Issued to: Wesley A Bosch Expiration date: 08/21/2018 PI-PHCP-03 (07/10) By: Robert O'Leary, Authorized Representative UO Lic No: LMFI' 16179 Wesley A. Bosch, MA, MFT 24001 Muirlands Blvd., #331 Lake Forest, Ca 92630 November 9, 2017 City of Santa Ana Santa Ana WORK Center 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, Ca 92701 To Whom It May Concern: WboschMFT(@Emaii.com (949) 357-4207 I, Wesley A. 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 CPH and Associates. Wesley A. Bosch, MA, MFT