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Home My WebLink AboutFRESH BEGINNINGS MINISTRIES-BILL NELSONINSURANCE ON FILE N-2020-n5 WORK MAY PROCEED UNTIL INSURANCE EXPIRES iz iRho MAYOR CLERK OFCOU CIL --" " DATE: :7 g 2O CITY MANAGER Miguel A. Pulldo Kristine Ridge MAYOR PRO TEM ° CITY ATTORNEY Juan Villages Boole R; Carvalho COUNCILMEMBERB Phil Baceere 'Yam \ "'~ ' i 6 ,- CD�(6 E CLERK OF THE COUNCIL palsy Gomez Cn Ceellle Iglesias o N David Psnaloza Q-V Vicente Sormlento C Jose Solmlo _J CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY 20 Civic Cenler Plaza - M25 • P.O. Box 1988 Santa Ana, California 92702 vna4sahta-ana.orc (714)657.5360 February 27, 2020 Bill Nelson Fresh Beginnings Ministries 711 W,.17111 Street, Suite E5 Costa Mesa, CA 92627 Re: Speaker/Performer Engagtameal Aareement This letter represents your agreement with the City of Santa Ana ("City`') as entered Into on the above date for the engagements described below: Event Description: Provide seminars to business owners and their employees to gain training and knowledge concernin. g encounters with people experiencing homelessness at;their place of business as detailed in Exhibit A, attached hereto, 2, Date(s): See attached schedule listed as Exhibit B. The term of the agreement shall commence on March 1, 2020 and continue until February 28, 2021, Parties agree and understand that the Speaker may be engaged .for monthly sessions and the details for an event are to be agreed upon In writing by the Speaker and the Executive Director of Community Development, or their designee. 3. Event Time(s): Various, TBD A. Location: Various locations in Santa Ana ('Property") Parties agree and understand that location, dates, and event times are subject to change. Details for speaker events may be rescheduled upon a writing from the Executive Director of Community Development, or their designee, approving a request to change the location, date(s), and event times. 5. Compensation: Per Exhibit B, attached hereto, $126 per hour (payable by check within 30 calendar days after event); Speaker/Performer must provide IRS form W-9 before payment can be made. Total amount to be expended for speaking engagements duing the term of this *28970v2 SANTA ANA CITY COUNCIL Msuel A. Pulitlo Jaen vl= Wanle eermremo D"d Perron Jooe sMa6o Phil6o,mra cmdia leleeas Mayor Mayor Pro Tar, Ward d Ward 1 lMatl 2 Word'. wart 4 Ward a m,Mrtlo64cenlz-ana Of +nlenrnrtBenta-ayn om YFRaILeAIGFP�leaw aro dca,iabisk4eanraa�a orB eryanFDsan a.ens oru pK.cortaRnsa l+-gyp.gB ylj;g. nla„p Letter Agreement — Bill Nelson, Fresh Beginnings Ministries Page 2 Agreement shall not exceed $9,950. This total amount shall be inclusive of any travel expenses approved by the City. 5. Equipment provided by City: None 7. Equipment provided by Speaker/Performer: All equipment necessary for the presentation, Including laptop and printed material, 8. City Contact Person (for coordinating purposes only): Terri Eggers 9, Independent Contractor: Speaker/Performer 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 Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided In a manner consistent With all applicable standards and regulations. Speaker/Performer 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, 10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall Indemnify, defend, and hold harmless the City, itsofficers, agents, employees; consultants, special counsel, and representatives from and against ail loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful misconduct of Speaker/Performer; his or her agents, or employees. 11. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the performance In their "as -Is" condition, with all faults. Speaker/Performer 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 SpeakedPerformer's use thereof, 12. Commercial General Liability Insurance. SpeakedPerformer 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 Speaker/Performers operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total n2as7ov2 . SANTA ANA CITY COUNCIL Migwl A. PUkda JoanvBlogaa V"olo SA.aielll. bawd Penalaaa Joa. Solon. PNM Sarnia cacift 1atoli' a lAayor Jdayor Pm Tom Wad 6 VA"I Word - - WON Wim4 -Wane 907924MM.are.r. @iItF9§S�MP nna ram v5gfmionlo idcai m9 hPs!SIoNf sswaavam� ,so( ola1 I - nhacar.uR-Bul29N votes @5a&aI.+iu, fUffl Letter Agreement — Bill Nelson, Fresh Beginnings Ministries Page 3 amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees, agents, volunteers, and representatives as additional Insureds; (2) be primary and not contributory with respect to insurance or self -Insurance programs maintained by the City; and (3) contain standard separation of insured provisions. 13. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, if Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 14. The City shall have the right and royalty -free license to simulcast or produce and show a tape - delayed broadcast of Speaker/Performer'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/Perfonmer. Copies of Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 15. Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be required by unions or similar organizations. Speaker/Performer shall Indemnify the City against any liability or damages, including attorney's fees, that may arise as a result of violation by Speaker/Performer of copyright laws. 16. Speaker/Performer 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.. 17. This Agreement shall in all respects be Interpreted, enforced, and governed exclusively by and under 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. [signature page to follow] b2897OV2 SANTA ANA CITY COUNCIL Migaal A. POO Jwn VON" Mcomosamima QarldPmnrou Joso Salmo Pwl Bacarra CadFa loloaim 01 Mayor No rend Ward 5 Wood I - Ward 2 Ward a ward Weida p�nii{tld�sanIa.anAAM a-Rk g(aTMMLM&"t nrnenro01an12W an pe rgy�mslmsnmaane un jg ne sanln-e�nm wacerra msaMa•drre P(0 i ieemftni Letter Agreement --Bill Nelson, Fresh Beginnings Ministries Page 4 18. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer 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/Performer. CITY OF SANTA ANA c.e.- t , KRISTINE RIDGE City Manager ATTEST: F.._��<.; Clerk of the Council SPEAKER/PERFORMER 6/ J't'� II Nelson Fresh Beginnings Ministries TO FORM: RECOMMENDED FOP, APPROVAL: e250k�'� Steven A.: Mendoza Executive Director, Community Development Agency axa9 04 SA.NTA ANA CITY COUNCIL 1.%9ue1 ti. P.Rdo Juan Vldages MONO SnnnfM70 DsM FanaWa Jana 9010ria Pnd 9aaeoo ewro W!"ie4 msm M�'�a�y�e^r..R.qoyU^m�.WaMS Werth Watd2 Wod3 Wafdd ''WFN6 f 2amnla-ana ara ....vyyyy��gZarra am ksenaienb(3 a•ana oro d WaIa ai (>D-No aclp,�m A Business Perspective on Homelessness Seminar Scope of Services The City of Santa Ana (Exhibit A) This scope of services has been requested by The City of Santa Ana for a seminar to help business owners and their employees gain training and knowledge concerning encounters with people experiencing homelessness at their place of business, 1.0List of services: 1.1 Orientation for Business Owners 1.1.1 The purpose is to give a synopsis of what will be taught to all business employees during a 2 to 3 hour seminar. Business owners will be given a chance to ask questions during this orientation, Seminar dates and reservations will be given at the conclusion of this Orientation. 1.2 Business Perspective on Homelessness Seminar 11.1 The decision for a 2 or 3 hour seminar Is made by the organization sponsoring the seminar. The difference in 2 or 3 hours is the amount of time given for specific scenarios, locations and depth of training, he. role-play scenarios. 1.2.2 All training materials :will be provided by Fresh Beginnings Ministries, It is helpful to have the number of attendees given to FBM'at least 2 days before scheduled .seminar, We will provide input to the City with regards to appropriate flyers and brochures to be prepared which will aid business owners attending this seminar and provide guidance when dealing with day-to-day issues regarding homelessness, 1,2.3 There will be a seminar schedule provided and a short break every 50 minutes. 1,3Cost of Seminar Services 1,11 The cost for these services is $125 per hour. If there is a request for multiple seminars, the Orientation will be free of charge if a subsequent seminar is scheduled. 1.3.2 It is recommended that The City of Santa Ana provide light refreshments such as water and light snacks during the seminar. The training goal of Fresh Beginnings Ministries is to come along side businesses in Santa Ana to make encounters that take place with people experiencing homelessness, less impactful to your daily operations. �k28972v2, Thank you for the opportunity to serve The City of Santa Ana. We appreciate your desire to gain knowledge with regards to helping business owners and their tenants learn successful strategies when dealing with people experiencing homelessness, 4289 ,2v2 Exhibit B Program Schedule Cost - $125 per Hour March, 2020 Seminar (DTSA) - March 31 — 8:30AM and 5:30PM 3 Hours April, 2020 Seminar — Bristol Street — Date TBD 1-3 Hours May, 2020 Seminar— South Main Street - Date TBD 1-3 Hours June, 2020 Presentation for SA Chamber - June 4, 2020 — 1 Hour July, 2020 — February, 2021 includes one or more presentations a month as requested TOTAL PROGRAM COSTS $ 9,950* *Includes travel costs Terns: Invoiced per Seminar FRESH-1 OP ID: HM A4CoRa CERTIFICATE OF LIABILITY INSURANCE DATE 6/01 2020 ) osrovxo2o 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policylles) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen s . PRODUCER Golden Empire Insurance Agency 28720 Roadside Dive Ste. 376 Agoura Hills, CA 91301 GreyDahl, Inc. OMACT NAME;- F INC,No: AooP1REss: INSUR S AFFORDING COVERAGE NAIL a INSURER A: Continental Casualty Company INSURED Fresh Beginnings Ministries 968 Presidio Dr. INSURERS: Costa Mesa, CA 92626 INSURER C: INSURER D: INBUREN E RUI ERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE 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 TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L48R Im TYPE OF INSURANCE ADM POLICY NUMBER YEFf MMI D L ICYEXP N LIMITS GENERAL LNML EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE QOCCIRi X 6011884990 12/1912019 12/1912020 PREMISES teaam.nenca $ 300,00 LED EXP(A, onn person) E 10,00 PERSONAL a ADV INJURY $ 11000,00 GENERAL AGGREGATE $ 2,000,00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S 2,000,00 X POLICY 7 PRO- IFCT LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E n. S 1,000,o0 BODILY INJURY(P. person) S AIANY AUTO 6011894990 12119/2019 12/19/2020 ALL OWNED SCHEDULED BODILY INJURY (Per a .ft) S HIRED AUTOS X �DSWNm p HA �DEAMA S s UMBRELLA LUB OCCUR EACH OCCURRENCE S AGGREGATE i EXCESS DAB CWMB-rMDE DEO I I ReTNT N S WORXERB COMPENSATION WC STATLb JOTH• FR AND EMPLOYEWLIABILITY YIN ANYPROPWETORMARTNER,EIECUTIVE 0 OFFICERNEMBER EXCLUOWT NIA EL EACH ACCIDENT -- S E.L. DISEASE - EA EMPLOYEE S (MenEAtory In NMI Nyyee, Cxmbe unEer DESCRIPTION FOPERATIONS Wbw E.L. DISEASE -POLICY LNIT 13 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ANP:h ACORD 101, ANellonal Remeds SOIMJulo. N more space is repulret!) City of Santa Ana., officers, agents, asnployees, and volunteers are named as ✓ additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. subject to attached form SB1469321F. •ee30 Day Notice of Cancellation. REVIEWED & APPROVED By Risk MANAGEMENT DIVI510N CERTIFICATE HOLDER i CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Santa Ana — - THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN of ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division ANGiE ACEVEdo 20 CIVIC Center Plaza, 4th FI, AUTHOWEED REPRESENTATNE %� Santa Ana, CA 92701 C 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CITY OF SANTA ANA RISK MANAGEMENTa &Pa4srr gHUMAN RESOURCES Managing Risk erugh PosftW Change WORKERS' COMPENSATION DECLARATION I,1JiL,C- /VE�SaN/��ec �1i"ecL. hereby affirm under penalty of perjury, the (Nome itle) following declaration: I certify on behalf of ;C�GS fA.),U/z1U4 C/n�riv� �� that during the term (Consultant/Co any Name) of my contract for n� ��u nlc✓snvc'ss�,s services with the City of Santa Ana, yp f service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: G a e9 A 0 Print Name:/30A/ Print Title: Signature: Telephone: q?a _ g 3)y WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYERTO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATfORNEY'S FEES, REVIEWED & APPROVED By Risk MANACEMENT DIVISION J 9 2020 ANGIE ACEVEdo k: RiskMgmt1lnsuranceRequirements IWCDeclaration 08152019