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HomeMy WebLinkAboutCTT-SOLUTIONS LLCINSURANCE ON FILE WORK.MAY PROCEED TILINSURANCE EXPIRES MAYOR 'V? Miguel A- PUlido vf�'�%J MAYOR PRO TEM CLERKllegas COUNCIL OF Juan LMEMBERS DATE: COUNCiLMEM Cecilia Iglesias David Pension ()CT 2 9 to" Vicente Sarmiento Jose Solorio CITY OF SANTA ANA SANTA ANA POLICE DEPARTMENT 80 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 w Santa-ana.orclod Re: Speaker/Presenter Engagement iAUeement Dear CTT-Solutions LLC: N-2019-233 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez This letter represents your agreement with the City of Santa Ana ("City') as entered into on the above date for the engagement described below: I . Event Description: I -Day Cover Carry Instructor Development Course 2. Date(s): 10 December 2019 3. Event Time(s): 0800-1700 4. Location: Prado Olympic Shooting Park 17501 Pomona Rincon Rd Chino CA 91708 ("Property") 5. Compensation: $ 4000.00(payable by check at conclusion of Event); Speaker/Presenter must provide IRS form W-9 before payment can be made 6. Equipment provided by City: Targets and 750 rounds of ammunition per officer. 7. Equipment provided by Speaker/Presenter: Additional steel targets 8. City Contact Person (for coordinating purposes only): Sat. Clint Achziger #2978 9. Independent Contractor: Speaker/Presenter 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 jourt venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Speaker/Presenter performs the services that are the subject matter of this Agreement. 10. hidemnification: Speaker/Presenter, his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful misconduct of Speaker/Presenter, his or her agents, or employees. 11. Release: Speaker/Presenter accepts the Property and any City -provided equipment used in connection with the presentation in their "as -is" condition, with all faults. Speaker/Presenter fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property or City -provided equipment or Speaker/Presenter's use thereof. Letter Agreement - Page 2 12. Commercial General Liability Insurance. Speaker/Presenter shall maintain commercial general liability insurance with limits of not less than the following: single limit coverage applying to bodily and personal injury, hicluding death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with Wi,51 S1nn'in :fie 3€� g2l_- nv 2rsLma= vNig }.ion urdier this swion nZO4, be satisfied Lh -ough spec:sl evvm coverage obtained by the City wherein Speaker/Presenter is named as an additional insured. 13. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Presenter, if Speaker/Presenter has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 14. Speaker/Presenter may grant the City the right and royalty -free license to simulcast, produce and show a tape - delayed broadcast of Speaker/Presenter's presentation to the City community or general public, through webcast or any other means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Presenter. Copies of Speaker/Presenter's presentation may be maintained by the City, and Speaker/Presenter consents to use of such recordings. If such consent is granted, it shall be in writing. 15. Speaker/Presenter shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities related to this Agreement. 15. T!as steal kn a!? inspects be kve.Yreted, enfaced, and gmwrned exclusively by ,and sander the laws of the state of California. Both parties 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. 17. This Agreement represents the complete and exclusive statement between the City and Speaker/Presenter regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Speaker/Presenter. 18. This Agreement does not in any way, extend authority to any Santa Ana Police Department employee to actively or passively engage or facilitate training for profit using any City facilities. Please execute this letter to reflect your agreement to the terms and conditions set forth here n. RECOMMENDEDEQH2 APPROVAL P RESENTER Commas eSore�nn on Print Name: Training DivisiorkCommander Michael V. Pannone APPROVED AS TO FORM: B ara Bo osian Assistant City Attorney CI AANTA ANA KRI RIDGE tty Manager Kristine Ridge City Manager RECOMMENDED FOR APPROVAL: D ALENTIN Chief of Police tea% Ci �' MEZ