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HomeMy WebLinkAboutTCCG TECH COAST CONSULTING GROUP, LLCINSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES h11z1 2oL� CITY CLERK DATE: MAR 2 2 ZOZ4 February 21, 2024 TCCG Tech Coast Consulting group, LLC ("Speaker/Performer") 4041 MacArthur Blvd, #400 Newport Beach, CA 92660 Re: Speaker/Performer Engagement Agreement N-2024-100 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Project Deliverables: The Speaker/Performer shall make a presentation at the Santa Ana GROW event and provide the deliverables as set forth in Speaker/Performer's Proposal attached hereto as Exhibit A and incorporated herein by reference. 2. Event Description: Santa Ana GROW event 3. Date(s): Tuesday, March 26, 2024 4. Event Time(s): 3:00 p.m. 5. Location: Elks Lodge, 1751 S. Lyon, Santa Ana, CA 92705 ("Property") 6. Compensation: City agrees to pay Speaker/Performer as set forth in Exhibit A. Speaker/Performer must provide IRS form W-9 before payment can be made. 7. Equipment provided by City: None. The Santa Ana Chamber of Commerce will be providing the venue and equipment. 8. Equipment provided by Speaker/Performer: None. 9. City Contact Person (for coordinating purposes only): Sylvia Vazquez, (714) 647-5445 10. 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 as maintained by the City and venue, and Speaker/Performer shall comply with all applicable laws.. 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. 11. Indemnification: Speaker/Perfonner, his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold harmless the City, its City Council, officers, agents, employees, contractors, 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/Performer, his or her agents, or employees. Letter Agreement — TCCG Tech Coast Consulting Group, LLC Page 2 12. Intellectual Property Indemnification: Speaker/Performer shall defend and indemnify the City, its City Council, 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 Speaker/Performer to the City pursuant to this Agreement. 13. 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 Speaker/Performer's use thereof. 14. Speaker/ Performer shall maintain the following insurance coverage during the entire Term of this Agreement: a. commercial general liability insurance naming the City, its City Council, 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/ Performer'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 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. b. automobile liability with combined single limits no less than $1,000,000. In the event TCCG does not maintain automobile liability insurance, City will accept evidence of Speaker/Performer's personal automobile insurance as compliance with this requirement. c. professional liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. d. Above required insurance policies shall contain or be endorsed to contain the following provisions: i. name the City, its City Council, officers, employees, agents, volunteers, and representatives as additional insureds; ii. be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and iii. contain standard separation of insured provisions. 15. 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. 16. 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 Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense Speaker/Performer's presentation fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, video files, audio recording files, or still photographs, which are prepared or caused to be prepared by Speaker/Performer this Agreement. 17. Confidentiality. If Speaker/Performer receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Speaker/Performer agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all 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 Letter Agreement — TCCG Tech Coast Consulting Group, LLC Page 3 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 Speaker/Performer disclosed in a publicly available source; (c) is in rightful possession of the Speaker/Performer without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Speaker/Performer without reference to information disclosed by the City. 18. 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 its City Council, officers, agents, representatives, and employees against any liability or damages, including attorney's fees, that may arise as a result of violation by Speaker/Performer of copyright laws. 19. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, generic information, military and veteran status, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities related to this Agreement. 20. This Agreement shall in all respects shall 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. 21. 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 Thomas R. Hatch Interim City Manager RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director Community Development Agency SPEAKER/PERFORMER Pyaams & -oar Dr. Wallace Walrod Managing Partner APPROVED AS TO FORM: By !{ L( Andrea Garcia -Miller Assistant City Attorney Exhibit A Proposal for Santa Ana Economic Indicators Between TCCG Tech Coast Consulting Group, LLC and the City of Santa Ana This proposal outlines a project for research services related to the production and presentation of the 2024 Santa Ana Economic Indicators presentation, to be provided by TCCG Tech Coast Consulting Group, LLC (TCCG) at the Santa Ana GROW event on March 26, 2024. Scope of Services The services provided are for the purposes of conducting research, producing a presentation with key research findings on Santa Ana Economic Indicators, and presenting at the 2024 Santa Ana GROW event. The City of Santa Ana and the Santa Ana Chamber of Commerce seeks to commission TCCG to produce said research and presentation. The 2024 Santa Ana Economic Indicators presentation will provide a comprehensive overview of Santa Ana's economic drivers. The report will include data, analysis, maps, insights, and key findings on: • Santa Ana City Profile • Demographic, Population, and Income trends • Economic Development trends • Industry Cluster trends • Workforce Development, Labor Market, and Occupational Trends • Housing Supply and Affordability • Tourism trends • Key Factors and Drivers for Economic Success This presentation will serve as a tool for the city, business community, and the community to find common ground to successfully navigate through the "new normal" economic situation and important local regional trends impacting the city, local institutions, the business community, and residents. All data will be Santa Ana specific, with comparisons to Orange County. Timeline Data collection and research will commence upon execution of the agreement. The data, analysis, and key findings will be presented at the in -person Santa Ana GROW event on Tuesday, March 26, 2024. Deliverables • PowerPoint presentation with all graphs, charts, maps, key findings, and any other images supporting the data outlined above. • Presentation of report findings to be delivered by Dr. Wallace Walrod at in -person Santa Ana GROW event (March 26, 2024). Budget and Payment The cost for the above services is $7,500, 50% due upon notice to proceed and 50% due upon successful completion the project. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. 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 2 of 2 Tech Coast Consulting Group LLC (TCCG) - Speaker -Performer Agreement (2024) - CAO signed 2-21-24(367365.1) (002) Final Audit Report 2024-03-06 Created: 2024-02-21 By: Sylvia Vazquez (svazquez@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAbj6UnFYX6PuZl PjnrtuoRlswSmXfgWB "Tech Coast Consulting Group LLC (TCCG) - Speaker -Perform er Agreement (2024) - CAO signed 2-21-24(367365.1) (002)" Hi story Document created by Sylvia Vazquez (svazquez@santa-ana.org) 2024-02-21 - 11:35:31 PM GMT- IP address: 209.59.253.210 124 Document emailed to Mike Garcia (mgarcial5@santa-ana.org) for signature 2024-02-21 - 11:36:57 PM GMT Email viewed by Mike Garcia (mgarcial5@santa-ana.org) 2024-02-21 - 11:37:26 PM GMT- IP address: 209.59.253.210 &0 Document e-signed by Mike Garcia (mgarcial5@santa-ana.org) Signature Date: 2024-02-22 - 1:37:23 AM GMT - Time Source: server- IP address: 209.59.253.210 Ey Document emailed to wwalrod@ocbc.org for signature CZ rYk S rY_bA.61 R 1Nk !a1 G [H �4 Y Y Email viewed by wwalrod@ocbc.org 2024-02-22 - 5:14:33 PM GMT- IP address: 68.4,198.8 cy New document URL requested by wwalrod@ocbc.org 2024-03-06 - 5:09:41 PM GMT- IP address: 68.4.198.8 Email viewed by wwalrod@ocbc.org 2024-03-06 - 5:09:56 PM GMT- IP address: 68.4.198.8 e. Adobe Acrobat Sign d© Signer wwalrod@ocbc.org entered name at signing as Wallace Walrod 2024-03-06 - 5:10:18 PM GMT- IP address: 68.4.198.8 d© Document e-signed by Wallace Walrod (wwalrod@ocbc.org) Signature Date: 2024-03-06 - 5:10:20 PM GMT - Time Source: server- IP address: 68.4.198.8 Agreement completed. 2024-03-06 - 5:10:20 PM GMT a Adobe Acrobat Sign sac Rol° CERTIFICATE OF LIABILITY INS J ATE(MMIDD YYY) ��- �I 1 � � \/ � I (f YI F� m/22/2n THIS CERTIFICATE IS ISSUE S ATTIEA OF I RMATN AND N HTTUON THiZERTIFICATE HOLDER. RMAT THISNMEND = AFFORDED BY THE �TO POLICIES BELOW. THIS CERTIFICATE E 0 'XONSTTA�N THE ISSUING I SURER(S), U ICATEAUTHORIZED REPRESENTATIVE OR PR D E HOI ), R. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poll, y(ies st If SUBROGATIONIS WAIVED, subject to the terms and conditions of the QVIcy, certain policies may req r an end,'cement. A statement on this certificate does not confer rights to the certificate holder in lie s PRODUCER NTA USAA INSURANCE AGENCY INC/PHS 65812845 The Hartford Business Service Center PHD,:e (881261�90� •05 _O (A"1, N EX[): 1 V 5 I 1 ) 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC0 INSURED INSURERA: Sentinel Insurance Company Ltd. 11000 TCCG Tech Coast Consulting Group LLC INSURER B: 11 CATANIA INSURER C: NEWPORT COAST CA 92657-1606 INSURER D : INSURER E: INSURER F: 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. INSS TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICCY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1.000.000 CLAIMS -MADE PREMISESOCCUR DAMAGE(Eac TO nr $1,000,000 X General Liability MED EXP(My one person) $10,000 A X 65 SBM AB6870 11/12/2023 11/12/2024 PERSONAL B ADV INJURY $1,000,000 SENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,006 POLICYPRO- E]LOC JECT PRODUCTS - COMP/OP AGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E $1,000,000 BODILY INJURY (Per person) ANY AUTO A ALL OWNED SCHEDULED AUTOS AUTOS 65 SBM AB6870 11/12/2023 11/12/2024 BODILY INJURY (Per accident) X HIRED NON -OWNED AUTOS X AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB H CLAIMS - MADE AGGREGATE EO RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY AT E E.L. EACH ACCIDENT ANY YIN PROPRIETOR/PARTNERIEXECUTNE OFFICERIMEMBER EXCLUDED? MIA E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) Ryes, describe under E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below A PROFESSIONAL LIABILITY 65 SBM AB6870 11/12/2023 11/12/2024 Occurrence Aggregate $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Coverage is primary and noncontributory per the Business Liability Coverage Form SS0008, attached to this policy. The City of Santa Ana, its officers, employees, agents, volunteers and representatives is an additional insured per the Business Liability Coverage Form SS0008, attached to this policy. 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 BEFORE THE EXPIRATION DATE THI IN ACCORDANCE WITH THE POLICY AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CI ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD A+.gu Adwrda Risk Management Spedkist THE HARTFORD Select Customer Insurance Center 3600 WISEMAN BLVD. SAN ANTONIO TX 78251 Policyholder, please callusat: (888) 242-1430 Agent, please callus at: (has) 242-1430 SERVICE.TXQTHEHARTFORD.COM INSURANCE ENDORSEMENT ATTACHED *** PLEASE REVIEW THE CHANGE *** Enclosed is an endorsement for your business insurance policy. Please review it at your convenience. If you have questions or need to make further changes: Policyholder, please callus at: (sea) 242-1430 Agent, please callus at: (888) 242-1430 between 7 A.M. and 7 P.M. CST. The premium billing will be mailed to you separately. You can expect to receive it soon. Thank you for allowing us to service your business needs. USAA INSURANCE AGENCY INC/PHS THE HARTFORD SELECT CUSTOMER INSURANCE CENTER RWeMo,.gemmtnNt,fnn Neneo^fi.M�.rdxa�®�Siv: ��, Ruk Man Bement Spew F The Hartford Hartford Fire Insurere ce Uornpany an sT5 is e One Hartford Plaza, Hartford, Connecticut 06155 n THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: 65 SBM AB6870 DX Named Insured and Mailing Address; TCCG TECH COAST CONSULTING GROUP LLC 11 CATANIA NEWPORT COAST CA 92657 Policy Change Effective Date: 02/23/24 Effective hour is the same as stated in the Declarations Page of the Policy. Policy Change Number: 001 Agent Name: USAA INSURANCE AGENCY INC/PHS Code: 812845 POLICY CHANGES: SENTINEL INSURANCE COMPANY, LIMITED ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: IH12001185 ADDITIONAL INSURED - PERSON -ORGANIZATION PRO RATA FACTOR: 1.000 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 1211 0405 T Page ool Process Date: 02 /23 /24 Policy Effective Policy Expirath Risk mwwgmu7dD l REmEwEDD&APPPRovE 18(a. �'•. - Risk Management Specialist POLICY NUMBER: 65 SBM AB6870 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION CITY OF COSTA MESA P 0 BOX 1200 COSTA MESA CA 92728-8030 LOC 001 BLDG 001 CITY OF SANTA ANA 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 Form IH 12 00 1185 T SEQ. NO. 002 Process Date: 02/23/24 Printed in U.S.A. Page 001 Expiration Date: 11 RIekM�ad.Dkielmt R wewo & Aa m Sr. ®' Risk Management Speaalist