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Home My WebLink AboutTECH COAST CONSULTING GROUP, LLCaUNA Nut UN Y L WORK MAY PROCEED UNTIL INSURANCE EXPIRES kk. 12.262S CLERK OF COUNCIL DATE: JAN 2 4 2023 m, &,CDA0)(MofIgtAV) January 12, 2023 TCCG Tech Coast Consulting group, LLC ("Speaker/Performer") 4041 MacArthur Blvd, #400 Newport Beach, CA 92660 Re: Speaker/Performer Engagement Ageement ►6110201301 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): Wednesday, March 29, 2023 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): Marc Morley, (714) 647-6588 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 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. IL Indemnification: Speaker/Performer, 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/Performer, his or her agents, or employees. 12. Intellectual Property Indemnification: Speaker/Performer shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United Letter Agreement — TCCG Tech Coast Consulting group, LLC Page 2 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. Commercial General Liability Insurance. Speaker/Performer 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/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. 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. 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, 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) 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 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, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities related to this Agreement. Letter Agreement — TCCG Tech Coast Consulting group, LLC Page 3 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 K D E City Manager ATTEST: Clerk of the Council RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director Community Development Agency SPEAKER/PERFORMER M.,fl...' 1 . . Name: Dr. Wallace Walrod, Managing Partner Title: APPROVED AS TO FORM: By: Jose Montoya Assistant City Attorney EXHIBIT A 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 2023 Santa Ana Economic Indicators presentation, to be provided by TCCG Tech Coast Consulting Group, LLC (TCCG) at the Santa Ana GROW event on March 29, 2023. 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 2023 GROW event. The Santa Ana Chamber of Commerce seeks to commission TCCG to produce said research and presentation. The 2023 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 • 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 analysis, and key findings will be presented Wednesday, March 29, 2023. upon execution of the agreement. The data, at the in -person Santa Ana GROW event on Deliverables • PowerPoint presentation with all graphs, charts, maps, key findings, and any other images supporting the data outlined above. Pagel of 2 • Presentation of report findings to be delivered by Dr. Wallace Walrod at in -person Santa Ana GROW event (March 29, 2023). 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 Morley, Marc From: City of Santa Ana <certificate-request@ctraxjdidata.com> Sent: Thursday, January 19, 2023 11:28 AM To: wwalrod@ocbc.org; Devi n.Arcand@thehartford.com; Morley, Marc Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Tech Coast Consulting Group LLC Name: Project TBD (036) Number: Project Speaker/Performer Engagement Agreement - TCCG Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION COI NUMBER DATE DATE FILE NAME GENERAL LIABILITY 65SBMAB6870 11/12/2023 01/13/2023 CERTIFICATE+OF+INSURANCE+(COI)', (7).pdf WORKERS � ---- - - ---- - __- - - COMPENSATION AND WAIVER 01/18/2024 01/19/2023TWORKMANS COMP EMPLOYERS' LIABILITY Declaration_ Template TCCG I-13-23.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1/19/2023 2:27 PM