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HomeMy WebLinkAbout2014 CON Nancy Bohl dba The Consulting Team International - Police Employee Assistance ProgramAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NANCY K. BOHL, INC., DBA THE COUNSELING TEAM INTERNATIONAL THIS AGREEMENT is entered into this t day of August 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NANCY K. BOHL, INC., a California S-Corporation, DBA THE COUNSELING TEAM INTERNATIONAL (TCTI) (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide an employee assistance program and critical incident debriefings for the National City Police Department. WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and training and has the ability to provide counseling services, training, critical incident intervention and support to emergency service personnel , and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in Exhibit "A" and in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. The Operations Support Lieutenant hereby is designated as the Project Coordinator for the CITY and will monitor the 1 City's Standard Agreement —2011 revision progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Nancy K. Bohl hereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $16,000.00 annually (the Base amount) without prior written authorization from the City Manager. The amount of $9,600.00 shall be section I of Exhibit "A" and $6,400.00 shall be for section II of Exhibit "A." Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. RETROACTIVELY EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2014. The duration of this Agreement is for the period of July 1, 2014 through June 30, 2015, provided that the parties may by writing, signed by both parties, mutually agree to extend this Agreement on the same terms and conditions for three additional one-year terms. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT 2 Ciy's Standard Agreement —2011 revision shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally 3 City's Standard Agreement —2011 revision required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of 4 City's Standard Agreement —2011 revision information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. 5 City's Standard Agreement -2011 revision C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's 6 City's Standard Agreement —2011 revision fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 19. - MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be bome equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attomeys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is 7 City's Standard Agreement —20I I revision outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Manuel Rodriguez, Chief of Police City of National City Police Department 1200 National City Boulevard National City, CA 91950-4302 To CONSULTANT: Nancy K. Bohl Nancy K. Bohl, Inc., DBA The Counseling Team International 1881 Business Center Drive, Suite 11 San Bernardino, CA 92408 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 8 City's Standard Agreement —2011 revision 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction, The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the 9 City's Standard Agreement -2011 revision drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY g�lu- Leslie Deese, City Manager PROVED ' TO FORM: dia Gacitu City Attorney NANCY K. BOHL, INC. DBA THE COUNSELING TEAM INTERNATIONAL (Signatu s of two corporate officers required) By: _ W� , e) (Print) (Title) (Print) (Title) 10 City's Standard Agreement —2011 revision EXHIBIT "A" The Counseling Team International Scope of Services A. Employee Assistance Program All benefits and services below will not exceed the budgeted annual amount of $9,600.00. This will be billed at $800.00 per month. 1. Short-term confidential, professional counseling for approximately 130 employees (sworn and non -sworn) and their eligible dependents living within the home. 2. Supervisor Referrals/Consultations — provide consultations with supervisors regarding problem employees and/or any aspect of the Employee Support Services. 3. Follow-up Sessions — for employees involved in Critical Incidents. 4. TCTI will conduct an initial orientation for all levels of staff explaining the Employee Support Services (ESS) Program. 5. TCTI will attend one health fair a year B. Critical Incident Intervention 1. Provide stand -by -status (SBS) 24/7/365 On -call Critical Incident Stress Management services at the reduced rate of $175.00 per hour. EMPLOYEE SUPPORT SERVICES TO BE DELIVERED A. TCTI shall provide short-term counseling services to employees and their eligible family members living in the home. Short-term counseling is determined by the Mental Health Professional on a case by case basis. If it is determined that the issues require long-term treatment (ie: acute or chronic emotional disorders) then the Mental Health Professional can refer accordingly. B. TCTI %hall provide training for the management team and supervisory team related to the program. They will receive short training sessions on how the program works, and how he or she can relate to the program and support it. It is important to build the relationship between managers and supervisors so they can work together as part of a cooperative team. Training them together supports this teamwork. C. TCTI provides initial orientation training to all employees related to the program. We believe that this is a very important aspect which gives the employee an opportunity to find out who we are and learn about our program. D. TCTI shall maintain the confidentiality of all employees and their eligible family members living in the home referred for counseling. The cornerstone of every successful Employee Support Services Program is the pledge of confidentiality; without it, there is no credibility. Employees will not reveal their personal problems if there are not clear legal guidelines about confidentiality. Confidentiality means that all personal information parted will be respected and safeguarded. It may be used only in a responsible manner for the purpose of helping in rehabilitating the person. Our records are kept secure in accordance with our professional code of ethics, Federal Regulations and state laws. We also have a top of the line alarm system installed, which protects our records. TCTI will not reveal the names or identities of employees or family members who come to the program voluntarily. E. TCTI's staff will be available to provide counseling services in a convenient and timely manner. To make an appointment, an employee or eligible family member may appear in person or phone the office between the hours of 7:30 A.M to 4:30 P.M. Monday through Friday. The employee or the eligible family member will then come to the office at thc prescribed time, where a counseling session will take place. When an emergency takes place, TCTI provides a 24-hour answering service and the staff is equipped with cell phones. F. TCTI designed a website with the interactive user in mind! Thought for the Day, Articles & Handouts (Over 75 articles & handouts, hundreds of quotes on various topics, Surveys & Tests (Measurement tools for self and various situations), Guided Imagery & Visualization, Relaxation Techniques, Breathing Exercises, Slide Shows and more. G. TCTI will provide UNLIMITED employee referral services. Child care (adoption, child safety and day care), Elder care (in -home care givers, support groups, meal services, transportation services and any other issue regarding elderly care), Pet care, Chemical dependency, etc. CRITICAL INCIDENTS A Critical Incident can be a situation faced by employees. Two types of crises can occur during a Critical Incident. An Exhaustion Crisis is when an individual has been coping with an intense stressful situation(s) or event(s) for a long period of time and reaches the point of exhaustion and cannot cope. A Shock Crisis is when a sudden change or event such as shooting, fire, assault, etc. Examples are: - Serious injury, death, or suicide of a fellow co-worker - Shootings (including both shooting or being shot at, whether anyone was hit or not) - Any other serious threat to the life of you or your co-worker - Serious injury or death of a civilian resulting from department's operations - Any incident in which circumstances are unusual - Any incident in which sights and sounds are distressing - Any catastrophic event/major disasters - Rescuing a victim, where pain and suffering is obvious - Mass casualty event - Knowing the victim - Death, injury, or abuse of a child - Contact with communicative diseases, e.g. AIDS/Hepatitis B - Major traffic accident - Death of a close family member - Sudden Infant Death Syndrome - Toxic chemical fire/explosion - Extreme attempts where lives are lost - Hostage or barricaded situation - Physical or Sexual Assault HIGH STRESS EVENTS - Incidents that attract extremely unusual or possible derogatory news media coverage - Current social/legal/media reactions to your department - Accumulative critical events in a short time span - Serious threat to child, spouse, relative or friend - Injuries or illness that could threaten career - Victim resembles loved one INSURED ACORC7a CERTIFICATE OF LIABILITY INSURANCE DATE (}AMIDOJYYYYI 06117/2014 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 Derliticate holder is an ADOiT10NAL INSURED, d1e policylistl) must be endorsed. II SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thls certificate does not confer rights to the certificate holder in lieu of such entlorspmon2(s). PRODUCER CONTACT Skala Insurance Agency Inc h E F4 909 (iva 88b1 �;� , rnl Gene Skala, Agent 4214 N Sierra Way, San Bernardino, CA 02407 i1,8ue, R{SJ AFTPRVNG COVERAGE ICaSueER-',pate Farm General I nE W anCe (:::,,pithy I:SURERZ •Iii,ite FHIm mutual AUIOIYIChhe Ins.,o,wce l,.Osr,}lolly COVERAGES NANCY t< BOWL INC DBA THE COUNSELING TEAM INTERNATIONAL AND DBA THE ORGANIZATIONAL NETWORK CERTIFICATE NUMBER. INSURERC: IL4U4ER — . _.. ,. IFISUNbR E: 3NS3,RE:1tr, REVISION NUMBER: NA,C k 2E151 25178 THIS IS to (*-NTiFY TT?Al I)HP POI.iC1ES OF iNSURANC INUICIAIfa0 NOTVV3ii18TANL1INCr ANY 11EO014IMUNI, CEPIIFICAll. MAY at: IS'AUI[D Oft MAY PERTAIN EX(;LUS1(ON5ANO coNraTIONS O{ SUCH POI 1CUsa; INsei . �._... ..»... ... .,. __ ADf`LfSu011 silk TYPE OF INSURANCE MO; I. MJSTFS' BELOW HAVL BEEN 1Sal M 1U. 111r (NSI9I0.0 NAMED Rf0'1, 1 GII 1dtl, f'n)t-I1 Y PI-hh,[)iJ 1LR04 OR CDf41)IT1,)N Of ANY GQNIi4AT:1 ON 0111EN DiJOUl,IENI WI 1 131. ;44(-1 I,, i/(1/ 14I$ 141E INSI11LAN12F Al FORT)I 1) BY 'TNF POi..lt;l%5 Di SCRIBED Ri':FtC111 ,„ S1'ETIE01 10 t11.L T>11" I I01 r6 S110+AN MAY NAVL tti•E:H REDUCt-17 BY PAID CLAiM1i -'__....... -._._. , POLICY ElF_..: POLICY EX'P _.. PEA4tri NMMFIPR {h11MNeTYYYj XfWg44,(4YF LIMnB A L)( COMMERCIAL GENERAL LIABILITY { CWM M>li`7s X ocean k' HIRED AUTO - - -- ,..- x; ENOL GEN'1. AGGH EGA LIM+T APPLIE&PER' %C I POt'CY I JECT `_ LQC .( (nYiirli Y I i I BUSINESS OFFICE POLICY 92LB14261 06/17/2014 i 07/12r201S 92YD04220 06117/2014 07/12/201S j EUlu�cu;Ht r I F N,i11) I e}U rr i rr,, ri ,1zI I r iW_ Mn* } kW Al i, t a l h I''/:,hl r 1C]J%. ti tt GEM RAL ✓An r � fa}. f F p in:Ta-C `"lF.T'^AGG A�1F)v `T-i?} t:c r i"iTro: r'V "t i1i.Y iN 4l. ( p, onl 0 IP r J-Ldr ( eI ,ace°Ia r fflrl rf Nl 'vA1 ' s Y •_ $ 3. 9 S s . I.o00000 .10C 00 S 000 .... . -. 2 (IX GOO 11 i AUTOMOBILE { - LIABILITY ANY AOl) Alt. O`A'NED r 1 ,CH; D61L�q )( - AU rU'S ' AUTOS UVON£❑ HIRE>AU7O X AUAUNOT05 I 4414187f2475 06/17(2014 12/24/2014 _ ' - I, £ 1,030,000 ._. I OGO,OGO I O 070 CG UMBRELLA LIAO L',X,'R EXCESS LIAR I ICJ ,tR.44144` 76C - 1RrTGNanI:E WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANYVRC44fic0'W.! jfil A-II(t, ry VNN 06ICJLM0V,UU1 CA i.,t R0 J` NIII (Mr}wnay in NM 8yya1 t666 0l, 140I 4ANSELU'11ONCf (IN1Itd) It` I5'.1/je40 I { { 7-'.I M Ai}'� ¢L EACh a E l Lr`:r4' F A F.}.>> - - 4 r,E[4i+f- •-... I { � i CA 02563 DESCRIPTION OF OPERATIONS/ LOCATIONS! VEHICLES IACORO 10T, A8dilbnaI Remarks 9che4vla, may ha attached Ir inf. lPree Ie rtg.m,nI Business Ottice Property Locations'. 1881 Business Center Dr, San Bernaldlna, CA 92408 428 W HARRISON STE 101. CLAREh10NT CA 01711 1545 Anacap0 Rd Ste 7C, Viclorville. CA 02392 135 S S1 A1F. COLLEGE BLVD STE 200, BREA CA 02821 444 CAMINO DEL RIOS STE 215, SAN DIEGO CA 92108 39755 MURRIERTA HOT' SPRINGS HD STE D160, HURRIETA, 42900 BOB HOPE DR STE 110, RANCHO MIRAGE CA 02270 CERTIFICATE HOL R CANCELLATION THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES 1200 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ACORD 26 (2014101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, / 491988<2014 ACOR The ACORD name and logo a e registered marks of ACORD rights reserved. 1001408 132849.9 02-04-2014 Certificate of Insurance (Proof of Coverage) Date Issued: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFF'ORDn BY THE POLICIES 8/20/2013 CERTIFICATE HOLDER. BELOW. THIS CERTIFICATE Insured Name and M iilin ; Address* Program Administrator Nancy K. Bohl Inc. d.b.a. The Counseling Team 1881 Business Center Dr. Stell San Bernardino, CA 92408 Administered By: CPH and Associates 711 S. Dearborn, Suite 205 Chicago, IL 60605 312-987-9823 F. 312-987-09(12infor?cP hins.cont Underwritten By: P Coverage Polite' #: PHCP025826 i Effective Date: 08/31/13 Expiration Date: 08/31/14 THE P<>LVIES OF INXITRAi lrE LISTED BELOW HAVE BEEN ISSUE➢ TO THE. INSURED NOTIVITHSTANDINO ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT CERTIFICATE MAY REISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES .AGGREGATE LIMITS SHOWN N.thmt) ABOVE FOR THE OR OTHER DOCUMENT WITH POLICIES DESCRIBED HEREIN POLICY PERIO➢ INDICATED RESPECT TO WHICH THIS IS SUBJECT TO ALL THE BY PAID CLAIMS MAY HAVE BEEN REDUCED Limits of Liability Coverage Part EACH OCCURRENCE (Per individual claim) AGGREGATE (Total amount per policy rear) $1,000.000 S5,(100,00(1 Professional Liability N/A N/A Commercial General Liability Includes: General Liability, Fire & Water Legal Liability, and Per oonal Liability N/A NJA Property Coverage $1,114./0,(100 $5,000,0(1() Supplemental Liability Unlimited Unlimited Defense ExpeuseCoverago $35,000 $35,000 State Licensing Board Investigation Defense Coverts e $75,f!(14) S15,000 Assault Coverage $10,000 ^._ $35,000 Deposition Expense Benefit Medical Expense Coverage $�1f 000 $5,000/person S15,000 $15,000 First Aid Coverage J Description/Special Provisions: Certificate Holder Cancellation PROOF OF COVERAGE Should any of the above described policy be cancelled before the expiration date thereof, the Issuing insurer will endeavor to mall 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any Lind upon the insurer, its agents or representatives. Holder has also been added to the policy as an add isTo tionalinsured:** the policy(ies) must confer rights to the I Authorized Representative j C. Philip Hodson _Yes/ **lithe certificate holder is an ADDITIONAL INSURED, be endorsed. A statement on this certifica to does not certificate holder in lieu of such endorsement(s). insurer(s), authorized extend, or alter the DISC LAINIER: The Certificate of Insurance does not constitute a contract between the issuing representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, afforded by the policies listed thereon. col -wage STATE COMPENSATION I N IJ RA N C t FUND ISSUE DATE: 08-12-2013 POLICYHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE GROUP: POLICY NUMBER: 07022781-2013 CERTIFICATE ID: 1OS112-2014 CERTIFICATE EXPIRES: 08-12-2013/08-12-2014 SJ This is to certify that we have issued a valid Workers Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 80 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. NotwithstandIng any requirement issued or to terrn or ihickof may coma ontractthr or th rartocument with respect to which this certificate of insurance may bafforded by the policy described herein is subject to all the terms, exclusions. and conditions, of such policy. {•ate Li ✓ President and CEO Authorized Representative EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - NANCY K. BOHL, PRES,SEC,TRES - EXCLUDED. ENDORSEMENT FORMS A OMENT AND 5ENTITLED CERTIFICATE NOTICE EFFECTIVE 08-12-2011 IS EMPLOYER NANCY K BOHL INC 1881 BUS CTR DR # 11 SN BERNRDNO CA 92408 SJ SJ M0410 CITY OF NATIONAL CITY BUSINESS LICENSE APPLICATION 1243 NATIONAL CITY BLVD, NATIONAL CITY, CA 91950 LICENSE WILL NOT BE ISSUED IF REQUIRED INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT WITH APPLICATION. MAKE CHECKS PAYABLE TO THE CITY OF NATIONAL CITY. PLEASE TYPE OR PRINT A. GENERAL INFORMATION BUSINESS NAME (D.B.A. OR INDIVIDUAL NAME) —rhL CoUiw rn ' n 1 DILA. COPORATE.NAME F 03 NUMBER DIR STREET NAME ROOM/SUITE NO. NUMBER DIR STREET NAME .FO1'/„ZT�� (0*7 ROOM/SUITE NO. cm 5arj t sr 7 P3 PHONE UMBEER AT MAI 0 ING AD .INC AREA CODE a Z° -0I35 cAsHIER'S COPY EMAIL AMR ss. C, -61 -J.U./f€-.. cV' Gam NEW BUSINESS IN NATIONAL CITY: BUSINESS WILL. OPEN/OPENED ON: OWNERSHIP CHANGE: PREVIOUS BUSINESS NAME:; BUS A LIC # ALL. LICENSES EXPIRE DECEMBER 31 RENEWALS ARE DUE BY FEBRUARY 28 ?HI5 STUB WHEN VALIDATED IS YOUR OFFICIAL RECEIPT FROM THE: Mug National City BUSINESS LICENSE DIVISION (619) 336-4330 TAXES $ MISC $ SB1186 $ 1.00 TOTAL $ CHECK ONE. A. - WHOLESALE B. RETAIL C. RVICE 0. RENTAL UNITS, # OF UNITS E. E. MANUFACTURING F. - CONTRACTOR STATE UCENSE #/ HEALTH PERMI / ABC # - VERS LIC. # STATE RESALE # n/ ci FEDERAL ID #/ SOCIAL SEC. # 33-083 0O1 K�'157 *1 t DESCRIBE BUSINESS FULLY - INCLUDE PRINCIPAL PRODUCT ' OA+RI SERVICE rA I ,�I `'�r��j.J�jrj fit. l %, r .►N y by NI 6.1telVtl#$ in fHVI 41 NUMBER OF BUSINESS VEHICLES OPERATING IN NATIONAL CITY WITH YOUR COMPANY 1'r at T1SENG c ce) ON THEM V. V W PICROnar anry non n I ay. n CHECK ONE: 1.. SINGLE PROPRIETORSHIP 2. PARTNERSHIP C.'OORPOWSTION LIST OWNER/PARTNERS/CORPORATE OFFICERS p[. FIRWE�1 TITLIDJYo,mil lB E'/46! q 7 ' Wild 0410FOL Viivvw'/GCS L3NAME FIRST NAME MI l TITLE HOME PHONE HOME ADDRESS CRY STATE ZIP CODE E. EMERGENCY IJO8MAIION LIST IN ORDEROFPRIORITY ANDPROXIMITYTOBUSINESS THE PERSON TO BE CONTACTED AT NIGHT IN CASE/OF BREAK IN OR FIRE�yJ NAME J 1! e. tw,s /Y /4)i UUUiV t �j�04441 J1 ✓,- L H�_ �J 3734,06_63 55 1'374.549'2'7 61"v'- 2. W/1 tI1{a TL 11i '? it DO YOU HAVE A BURGLAR ALARM? 1. yy NO 2. . YES: IF YES 3. SILENT 4. AUDIBLE OF ALARM COMPANY /� A 1 PHONE # SIGNATURE BUSINESS N TITLE /1) coo 1 a. €' hMZ 1 ----OFFICE USE ONLY - DECALS Vehicle _. -. Decals Video or Coin Op. DATE H/0 PD B/L SENT INT FIN 220, 04/1 I Form w-9 ;Rev. August 2013) Department ofthe Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester, Do not send to the IRS. Print or type See Specific Instructions on page 2 Name (es�On your in + return) 1 �,-r{J�:`�,�tJr; Busine named �� e, If i[.%rI �� f wmabove . +ve 'i Check appropriate box for federal tax'EFa8s3fioadon: 111 IndividuaVsole proprietor 0 C Corporation J S Corporation ii Partnership ❑ Trust/estate Exemptions (see instructions): Exempt payee code (it any) (] Limited liability company. Enter the tax classification (C=C corporation. S=S corporation, P=partnership) ► Exemption from FATCA reporting code (if any) ❑ Other (seeb tructiona)► dT/ Untl(q. sl ana apt.,pt'stiit) •il•jf�/t Ly Requester's name and address (optional): Gi(y, state, and ZIP code r 819 05 List ac m'iber(S nuY(Optional)1. Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, thls is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other ...u:-- a :.. ,,.,,,. ,...,..i.--- 1.Ienti41rorinn ni,mhor /FIN1 If eni, do not have a number. see How to cet a Social security number • TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Employer identification number 3 3 U D Certification Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be Issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt Certification instructions. You must cross out item 2 above if you have been because you have tailed to report all interest and dividends on your tax return. interest pald, acquisition or abandonment of secured properly, cancellation of generally, payments other than interest and dividends, you are not required to instructions on page 3. o�f ., -(1r.6f�%tSignature u.s,1 Sign Here General In Section references are to 01e Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS,gov for information about Fomi W-9, at www.irs:goWw9, Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to tile an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, Income paid to you, payments made to you in settlement of payment card and third party network transactions. real estate transactions. mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, Use Form W-9 only if you ere a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that es a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the from FATCA reporting is correct. notified by the IRS that you are currently subject to backup withholding For real estate transactions, item 2 does not apply. For mortgage debt, contributions to an individual retirement arrangement (IRA), and sign the certification, but you must provide your correct TIN. See the withholding tax on foreign partners share of effectively connected Income, and 4. Certify that FATCA code(s) entered on this form (0 any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN. you must use the requester's form If it Is substantially similar to This Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person 0 you are: • An individual who Is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, orassociation creased or organized In the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1448 on any foreign partners' share of effectively connected taxable Income from such business, Further. In certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that Is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev, 8-2013) xn1mn� �i CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. calla, CMC - City Clerk NANCY BOHL dba THE COUNSELING TEAM INTERNATIONAL NCPD Employee Assistance Program Ronni Zengota (Police) Forwarded Copy of Agreement to The Counseling Team International