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Home My WebLink AboutSAVAGE TRAINING GROUPINSURANCE NOT ON FILE N-2022-130 MAYOR NORK MAY NOT PROCEED Vicente Sarmiento MAYOR PRO TEMCLERK OF COUNCIL Phil Bacerra DATE. COUNCILMEMBERS Johnathan Ryan Hernandez ,mp Jessie Lopez 2 2�2� Nelida Mendoza MAY U , David Penaloza Thai Viet Phan CITY OF SANTA ANA Police U) (C oi-sore rlw)'vc POLICE DEPARTMENT 60 Civic Center Plaza • P.O. Box 1981 Santa Ana, California 92702 v✓vwv.santa-ana.orc/od Re: Speaker/Presenter Enizaeement Agreement Dear Savage Training Group, 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: Response Tactics for Critical Incidents and In -Progress Crimes and Advanced Critical Incident Response training courses 2. Date(s): December 13, 2021 and December 15, 2021 3. Event Time(s): 8am - 5nm each day 4. Location: Santa Ana Police Department ("Property") 5. Compensation: $14,000.00 (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: A/V Equipment (screen, projector. audio sneakers), access to Wi-Fi preferred but not re uired 7. Equipment provided by Speaker/Presenter: Instructional materials 8. City Contact Person (for coordinating purposes only): Garry Couso 9. Independent Contractor: Speaker/Presenter shall, during the entire term of this Agreement, be consumed 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/Presenter performs the services that are the subject matter of this Agreement. 10. Indemnification: Speaker/Presenter, his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold hamlless 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. SANTA ANA CITY COUNCIL Vicente Sarmienlo Phil Bacerra Thai Viet Phan David Penalore Jessle Lopez Johni Ryan Hernandez Nelitla Mendoza Mayor Mayor Pro Tram, Ward 4 Ward Ward Ward Ward Ward vsamfenlo0laanta-anaom obacenaa®santa-ana.om tohan(dsanta-ana.om tloenal a@A..rAa-ana ora lessielooezRsante-anaom 'Ninth ... ndezrlosanla-ahrri tl I L. 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. 12. 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. 13. 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. 14. 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. 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. 16. 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. 17. 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 you are in agreement to the terms and conditions set forth. SANTA ANA CITY COUNCIL Vicente sarmlenlo Phil Bacena Thai Viet Phan D.Ad Penaloze Jessie Lopez Johnathan Ryan Hernandez Noild. Who. Maya, Mayor Pro Tem, Wed 4 Word Ward Want3 Water Ward6 vsa=lenlo9i)sanla-ana.ora obacenaaf)osaMa-ana.om Whannaanla-anaom aoenalozanosanu-anauro essielooezfo7sane-ana.om 'rvanhemantlezlersantaana om mentlozeOsanW-ar N-2022-130 Speaker/ Presenter: SAVAGE TRAINING GROUP, LLC By: 6� Title: Scott Savage / CEO / Savage Training Group Date: 4/29/22 SANTA ANA POLICE DEPARTMENT APP VED AS O FORM: By: Title: Senior Assistant City Attorney Date: April 27, 2022 RECOMMENDED FOR APPR SAL: By, s Tle: Chef o Police Date: CITY MANAGER: By: Title: d Date: ATTEST: Daisy Gomez Clerk of the Council, MMC SANTA ANA CITY COUNCIL Vicente Sarmiento Phil Be.. Thal Viet Phan David Pension Jessie Lopez Johnston Ryan Hernandez halide Mendoza Mayor Mayor Pro Ter, Ward 4 Word Wait Wartl3 Wand Word! vsarrnientam�santa-anaam obacenaaOsente-angora thannesante-anaom doenaiozonsants-anaom 'e,i,looez(Aeanta-anaam h d aii mentlozaiUsanta-ar