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HomeMy WebLinkAboutTCCG TECH COAST CONSULTING GROUP, LLC (2)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CITY CLERK. DATE JAN 15 1015 -- January 6, 2025 TCCG Tech Coast Consulting Group, LLC ("Speaker/Performer") 4041 MacArthur Blvd, #400 Newport Beach, CA 92660 Re: Speaker/Performer Engagement Agreement N-2025-009 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 27, 2025 4. Event Time(s): 3:00 p.m. to 6:00 p.m. 5. Location: Elks Lodge, 1751 S. Elk Lane, 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): Savannah Spicer, (714) 647-5452 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/Performer, 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 webeast 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 this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) Letter Agreement — TCCG Tech Coast Consulting Group, LLC Page 3 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, genetic 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. CIT%Y OF S A ANA a-N Ivaro Nunez City Manager a FOR APPROVAL: Michael arcia Executive Director Community Development Agency SPEAKER/PERFORMER By: �1 W Title:VI ktoey TCCG Tech oas Consulting Group, LLC APPROVED AS TO FORM: By�����,�� l At k ik �� Andrea Garcia -Miller Assistant City Attorney TCCG Proposal for Santa Ana Economic Indicators Between TCCG Tech Coast Consulting group, LLC and Santa Ana Chamber of Commerce, City of Santa Ana This proposal outlines a project for research services related to the production and presentation of the 2025 Santa Ana Economic Indicators presentation, to be provided by TCCG Tech Coast Consulting Group, LLC (TCCG) at the Santa Ana GROW event on March 27, 2025. 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 2025 GROW event. The Santa Ana Chamber of Commerce seeks to commission TCCG to produce said research and presentation. The 2025 Santa Ana Economic Indicators overview of Santa Ana's economic drivers. insights, and key findings on: presentation will provide a comprehensive The report will include data, analysis, maps, • Santa Ana City Profile • Demographic, Population, and Income trends • Economic Development trends • Santa Ana specific Economic Forecast • Industry Cluster trends • Workforce Development, Labor Market, and Occupational Trends • Housing Supply and Affordability • Profile and Highlight Key New Development Projects • 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 Wednesday, March 27, 2025. Page 1 of 2 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 27, 2025). Budget The cost estimated with the above services is $7,500, 50% due upon notice to proceed and 50% due upon successful completion of the project. Page 2 of 2 25FO CERTIFICATE OF LIABILITY INSURANCE DATE(M5,2.24YY) 11/15/2024 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 certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 endorsements . PRODUCER AON RISK SERVICES SOUTH ING CONTACT NAME: ADD Risk Services, Inc of Florida PHONE I FAX A/C No Ext : 833-506-1544 (AIC, No); 3550 LENOX ROAD NORTHEAST SUITE 1700 ATLANTA GA 30326 EMAIL ADDRESS: work.comp@trinet.com INSURER(S) AFFORDING COVERAGE NAICN INSURER A: ACE American Insurance Company 22667 INSURED TnNet Group, Inc. UC/F GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. INSURER B : INSURER C 1 Park Place, Suite 600 Dublin, CA 94568-7983 INSNSURER D URER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15837550 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF IMMIDD POLICY EXP MM/ODIYYYY LIMITS COMMERCIAL GENERAL LIABILNY CURRENCE $ CLAIMS -MADE OCCUR D RENTED Eaoco .. $ An one eman $ L B ADV INJURY MSINULLLIMI $ GEN-L AGGREGATE LIMIT APPLIES PER LAGGREGATE $ POLICY ❑ PROJECT ❑ LOC TS-COMP/OP AGG $ $ OTHER LIABILITY D SINGLAUTOMOBILE ent $ ANY AUTO BODILY INJURY Per person $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED N NON -OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ UMBRELLA LIAR . OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEC I I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X I PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 A ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N/A % WLR_C57886742 10/19/2024 07/01/2025 E.L. DISEASE -EA EMPLOYEE $ 2,000,000 (Mandatory In NH) de uMef E.L. DISEASE -POLICY LIMIT $ 2,000,000 DESIPTION OF OPERATIONS below DESCRIPTION DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Workers Compensation coverage is limited to vorlosite employees of GROUP 4 ARCHITECTURE RESEARCH+ PLANNING, INC. through a co -employment agreement with TnNel HR III, Inc.. Waiver of subrogation in favor of City of Santa Are as required by written contract A 30 day notice of cancellation is endorsed to the policy for the City of Santa Ana. Project: 22575-01 CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Risk Management Division 20 Civic Center PlazamJe.� Santa Ana, CA 92702 10103CID, ,,,.. ,sue {=.�wF Q""T "aA"� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 04on dtaA 8etviceA South 2rt.c ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Workers' Compensation and Employers' Liability Policy Named Insured TriNet Group, Inc. UC/F GROUP 4 ARCHITECTURE RESEARCH+ Endorsement Number PLANNING, INC, I Park Place, Suite 600 Dublin, CA 94568-7983 Policy Number Symbol: WLR Number: C57886742 Policy Period Effective Date of Endorsement 10/19/2024 TO 07/01/2025 10/19/2024 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise slated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. (X) Specific Waiver Name of person or organization: City of Santa Ana, and Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 () Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Project: 22575-01 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: INCLUDED Authorized WC 90 03 75 (05/18) Workers' Compensation and Employers' Liability Policy Named Insured TriNet Group, Inc. LCIF GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. Endorsement Number I Park Place, Suite 600 Dublin, CA 94568-7983 Policy Number Symbol: WLR Number:C57886742 Policy Period Effective Date of Endorsement 10/19/2024TO 07/01/2025 10/19/2024 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is Issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the dale issued unless otherwise stated. NOTICE TO OTHERS ENDORSEMENT - SPECIFIC PARTIES A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule set out below (the "Schedule"). You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. C. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. D. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. E. We may arrange with your representative to send such notice in the event of any such cancellation. F. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physical address of the persons or organizations listed in the Schedule. G. This endorsement does not apply in the event that you cancel the Policy. SCHEDULE Name of Certificate Holder E-Mail Address Ph sical Address City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 All other terms and conditions of this Policy remain unchanged. This endorsement is not applicable in the states of AZ, FL, ID, ME, NC, NJ, NM, TX and WI. Authorized Representative Page t