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HomeMy WebLinkAboutItem 24 - Agreements for Entertainment Performer Services at City events Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Agreements for Entertainment Performer Services at City events AGENDA TITLE: Agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for Entertainment Performer Services at City Events for an Annual Aggregate Amount not to Exceed $100,000 for the Period April 1, 2022 to March 31, 2025, for a Total Aggregate Agreement Amount of $300,000 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for entertainment performer services at City events for an annual shared aggregate amount not to exceed $100,000 for the period April 1, 2022 to March 31, 2025, for a total shared aggregate agreement amount of $300,000, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 20, 2021, staff issued a Request for Proposals (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA)’s efforts to bring together the elements needed to provide multiple City-produced events throughout the year. An evaluation committee consisting of representatives from PRCSA reviewed and rated the proposals according to the criteria listed in the RFP. The criteria includes firm/team experience, references/relevant experience, manner for performing services, and fee. The City received two proposals. Staff reviewed the proposals, and, based on the results of the review, experience in working with the vendors in the past, and the fact that each company has access to different genres of entertainers, PRCSA is recommending entering into agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for a three- year term. The agreements will be for an aggregate amount across both vendors. The City may use one vendor more than another depending on the need for specific genres of entertainers. Use of these services will be contingent on the City’s approval of funding for City events each fiscal year. Agreements for Entertainment Performer Services at City events April 5, 2022 Page 2 2 5 5 7 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be budgeted and made available in the following account for the specified years: Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount FY 22- 23 01113230- 62300 General Fund PRCSA-Recreation and Community Services- Contractual Services Professional $100,000 FY 23- 24 01113230- 62300 General Fund PRCSA-Recreation and Community Services- Contractual Services Professional $100,000 FY 24- 25 01113230- 62300 General Fund PRCSA-Recreation and Community Services- Contractual Services Professional $100,000 EXHIBIT(S) 1. Agreement Submitted By: Lisa Rudloff, PRCSA Executive Director Approved By: Kristine Ridge, City Manager Page 1 of 10 AGREEMENT WITH STAGE PLUS, INC., TO PROVIDE ENTERTAINMENT EQUIPMENT AND SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between Stage Plus, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide talent for various events for the City’s Parks, Recreation, and Community Services Agency. B.Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139. C.In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A, and as further described in Contractor’s proposal attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein. 2.COMPENSATION a.City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of two (2) contractors selected to provide services on an on-call basis under RFP 21-139. The total annual compensation for services provided by all contractors selected under RFP No. 21-139 shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000) with a total Agreement aggregate amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000). b.Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Exhibit 1 Page 2 of 10 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship 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 Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in Exhibit 1 Page 3 of 10 any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including Exhibit 1 Page 4 of 10 materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Exhibit 1 Page 5 of 10 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the Exhibit 1 Page 6 of 10 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreem ent. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. Exhibit 1 Page 7 of 10 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Stage Plus, Inc. 2330 S Susan Street Santa Ana, CA 92704 Attn: Manny Huante stageplus@aol.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Exhibit 1 Page 8 of 10 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital Exhibit 1 Page 9 of 10 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further 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. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ________________________ _________________________ Daisy Gomez Kristine Ridge Clerk of the Council City Manager [signatures continued on next page] Exhibit 1 Exhibit 1 EXHIBIT A Exhibit 1 City of Santa Ana RFP 21-139 Page 14 Appendix ATTACHMENT 1-C SCOPE OF WORK SERVICE: ENTERTAINMENT PROMOTER The City is seeking a company with the capacity to provide talent for various events. Below is a sample listing of performers used for previous large-scale events. Ana Barbara Banda Machos Diana Reyes Kevin Ortiz Maribel Guardia Fidel Rueda Graciela Beltran Promoter must have access to groups within the Mexican regional music genre such as, but not limited to, the following: Banda Norteño Mariachi The contractor will be expected to provide insurance for performers. Additionally, the promoter will be responsible for any special requests from the performer. The contractor is also expected to coordinate with various City departments and other contractors associated with the event. The contractor should provide a listing of talent they represent. Due to the differences in pricing based on the performer, each performance pricing will be negotiated with the City. Pricing should include a price range for a performance. Exhibit 1 EXHIBIT B Exhibit 1 Exhibit 1 Exhibit 1 Exhibit 1 Exhibit 1 Exhibit 1 Exhibit 1 Page 1 of 10 AGREEMENT WITHDARREL WAGNER DBA PROFESSIONAL ENTERTAINMENT (GIGROSTER) TO PROVIDE ENTERTAINMENT SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between Darrell Wagner, a sole-proprietor dba Professional Entertainment (GigRoster) (³&RQtractor´ DQG the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws RIWKH6WDWHRI&DOLIRUQLD ³&LW\´  RECITALS A.On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide talent for various events for the &LW\¶V Parks, Recreation, and Community Services Agency. B.Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139. C.In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-FDOOEDVLVDQGDWWKH&LW\¶VVROHGLVFUHWLRQ&RQWUDFWRUshall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A, and as further described in &RQWUDFWRU¶VSURSRVDOattached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein. 2. COMPENSATION a.City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of two (2) contractors selected to provide services on an on-call basis under RFP 21-139. The total annual compensation for services provided by all contractors selected under RFP No. 21-139 shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000) with a total Agreement aggregate amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000). b. Payment by City shall be made within forty-five (45) days following receipt of Exhibit 2 Page 2 of 10 proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ³3UHYDLOLQJ :DJH /DZV´  ZKLFK UHTXLUH WKH SD\PHQW RI SUHYDLOLQJ ZDJH UDtes and the SHUIRUPDQFHRIRWKHUUHTXLUHPHQWVRQ³SXEOLFZRUNV´DQG³PDLQWHQDQFH´SURMHFWV,IWKHVHUYLFHV EHLQJSHUIRUPHGDUHSDUWRIDQDSSOLFDEOH³SXEOLFZRUNV´RU³PDLQWHQDQFH´SURMHFWDVGHILQHGE\ the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship 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 Contractor under this $JUHHPHQW ³'RFXPHQWV 'DWD´ Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Exhibit 2 Page 3 of 10 Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within WKHSXUSRVHVLQWHQGHGE\WKLV$JUHHPHQWVKDOOEHDW&LW\¶VVROHULVN 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 FRYHULQJ&*/RQDQ³RFFXUUHQFH´basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. :RUNHUV¶&RPSHQVDWLRQ : as required by the State of California, with Statutory Limits, DQG(PSOR\HU¶V/LDELOLW\,QVXUDQFHZLWKOLPLW of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or Exhibit 2 Page 4 of 10 operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor¶V insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor¶VLQVXUDQFHFRYHUDJHVKDOOEHSULPDU\ coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor¶VLQVXUDQFHDQGVKDOO not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. %HVW¶V rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Exhibit 2 Page 5 of 10 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must SXUFKDVH³H[WHQGHGUHSRUWLQJ´FRYHUDJHIRUDPLQLPXPRI five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor¶V obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the Exhibit 2 Page 6 of 10 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreem ent. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor¶VVHUYLFHVDUH VXEMHFW WR &LYLO&RGH Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, UHSUHVHQWDWLYHVDQGHPSOR\HHVDJDLQVWDQ\DQGDOOOLDELOLW\LQFOXGLQJFRVWVDQGDWWRUQH\¶VIHHV IRULQIULQJHPHQWRIDQ\8QLWHG6WDWHV¶OHWWHUVSDWHQWWUDGHPDUNRUFRS\ULJKWFRQtained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 caUH³&RQILGHQWLDO,QIRUPDWLRQ´VKDOOLQFOXGHDOO 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. Exhibit 2 Page 7 of 10 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Darrel Wagner dba Professional Entertainment (GigRoster) P.O. Box 78593 Seattle, WA 98178 Attn: Darrel Wagner Darrell@gigroster.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Exhibit 2 Page 8 of 10 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without WKH&LW\¶VSULRUZULWWHQFRQVHQWVKDOOEHFRQVLGHUHGQXOODQGYRLG1othing in this Agreement shall EHFRQVWUXHGWROLPLWWKH&LW\¶VDELOLW\WRKDYHDQ\RIWKHVHUYLFHVthat are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital Exhibit 2 Page 9 of 10 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further 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. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and DWWRUQH\¶VIHHVIRUDny injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ________________________ _________________________ Daisy Gomez Kristine Ridge Clerk of the Council City Manager [signatures continued on next page] Exhibit 2 Page 10 of 10 APPROVED AS TO FORM DARRELL WAGNER DBA SONIA R. CARVALHO PROFESSIONAL ENTERTAINMENT City Attorney (GIGROSTER) By: _____________________ ____________________________ Brandon Salvatierra Darrell Wagner Deputy City Attorney Chief Executive Officer RECOMMENDED FOR APPROVAL ____________________________ Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency Exhibit 2 EXHIBIT A Exhibit 2 City of Santa Ana RFP 21-139 Page 14 Appendix ATTACHMENT 1-C SCOPE OF WORK SERVICE: ENTERTAINMENT PROMOTER The City is seeking a company with the capacity to provide talent for various events. Below is a sample listing of performers used for previous large-scale events. Ana Barbara Banda Machos Diana Reyes Kevin Ortiz Maribel Guardia Fidel Rueda Graciela Beltran Promoter must have access to groups within the Mexican regional music genre such as, but not limited to, the following: Banda Norteño Mariachi The contractor will be expected to provide insurance for performers. Additionally, the promoter will be responsible for any special requests from the performer. The contractor is also expected to coordinate with various City departments and other contractors associated with the event. The contractor should provide a listing of talent they represent. Due to the differences in pricing based on the performer, each performance pricing will be negotiated with the City. Pricing should include a price range for a performance. Exhibit 2 EXHIBIT B Exhibit 2 3URIHVVLRQDO(QWHUWDLQPHQW*LJ5RVWHUŒ &,7<2)6$17$$1$ 3DUNV5HFUHDWLRQDQG&RPPXQLW\6HUYLFHV$JHQF\ &LYLF&HQWHU3OD]D0 6DQWD$QD&$ 'HDU&RPPLWWHH 7KLVLVWRDSSO\IRUWKHSRVLWLRQRISURYLGLQJWDOHQWERRNLQJLQFRQMXQFWLRQZLWK5)3 :HXQGHUVWDQGPDQ\RIWKHPRVWVXFFHVVIXODQGSRSXODUFLYLFHYHQWVDQGFRQFHUWVKDYHIRXQGWKDWEULQJLQJLQ VRPHRQHWRKDQGOHDOOWKHHQWHUWDLQPHQWVHUYHVWKHPZHOO$W*LJ5RVWHUŒZHDUHDEOHWRGRWKDWLQDZD\ QRERG\HOVHFDQZLWKRXUH[WHQVLYHVXLWHRIH[FOXVLYHUHVRXUFHVDQGPDQ\\HDUVRIH[SHULHQFHLQERRNLQJDQG PDQDJLQJHQWHUWDLQPHQWSURJUDPV:HKDYHEHHQSURYLGLQJ 5HDO7DOHQW WRRXUFOLHQWVVLQFH -XVWDIHZRIWKHDGYDQWDJHVWKDW\RXHQMR\ZLWK*LJ5RVWHUŒ Ɣ :HSURYLGHDVLQJOHSRLQWRIFRQWDFWIRUDOOERRNLQJDQGDFWVSURYLGLQJFRQWLQXLW\DQGHDVLQJWKHEXUGHQ RQWKH)DLUPDQDJHURUERDUGPHPEHUVWRFRRUGLQDWHKXQGUHGVRIGHWDLOVZLWKPXOWLSOHSURYLGHUV Ɣ $OOFRQWUDFWLQJIRUHQWHUWDLQHUVLVGRQHWKURXJKDVLQJOHVRXUFH Ɣ 2QO\FXUDWHGHQWHUWDLQHUVZLWKDJRRGWUDFNUHFRUGRIUHOLDELOLW\DQGWKRVHZKLFKDUHDSSURSULDWHIRUD )DLU)HVWLYDODXGLHQFHDUHVFKHGXOHGIRUSHUIRUPDQFHV Ɣ 3URFXUHPHQWRIHQWHUWDLQPHQWLVRIWHQGRQHDWDKLJKHUOHYHORITXDOLW\ZLWKRXWUDLVLQJFRVWEDVHGRQWKH ZLGHUDQJHRIERRNLQJDQGWDOHQWEX\LQJDFWLYLWLHVZHXQGHUWDNHWKURXJKRXWWKH\HDU Ɣ $OOLQYRLFLQJDQGELOOLQJLVGRQHWKURXJKDVLQJOHSRLQWIRUDOOVHUYLFHVDQGHQWHUWDLQPHQWSURYLGHUV Ɣ *LJ5RVWHUŒRZQVDQH[WHQVLYHQHWZRUNRIDOOVW\OHVRIHQWHUWDLQHUWRILWERWKVW\OHDQGEXGJHWQHHGHGIRU WKH&LW\RI6DQWD$QDWKURXJKWKHSURSULHWDU\*LJ5RVWHUFRPŠLQWHUIDFHZKLFKLVQRWDYDLODEOHIURPDQ\ RWKHURUJDQL]DWLRQLQWKH86$ Ɣ $OOLQVXUDQFHUHTXLUHPHQWVLIQHHGHGFDQEHPHWDWQRDGGHGFRVW Ɣ &RRUGLQDWLRQLVSURYLGHGEHWZHHQSHUIRUPHUVDQGWKHVWDJHVRXQGIRUWHFKQHHGVVWDJHSORWVDQGPRUH Ɣ 3URIHVVLRQDO(QWHUWDLQPHQWV\VWHPDWLFDOO\FRRUGLQDWHVDOOGLUHFWLRQVORDGLQLQVWUXFWLRQVDQGSD\UROOIRU SHUIRUPHUVDVZHOODVIROORZXSDIWHUWKHSHUIRUPDQFHVDQGWD[UHSRUWLQJUHTXLUHPHQWV 3OHDVHIHHOIUHHWRFRQWDFWPHDW\RXUFRQYHQLHQFHLI\RXQHHGFODULILFDWLRQRQDQ\VHUYLFHV <RXUV 'DUUHOO.:DJQHU *LJ5RVWHUŒ3URIHVVLRQDO(QWHUWDLQPHQW ZZZ*LJ5RVWHUFRP  Exhibit 2 3URIHVVLRQDO(QWHUWDLQPHQW*LJ5RVWHUŒ *LJ5RVWHUŒLV D IXOO\GHYHORSHG H[SHULHQFHG HQWHUWDLQPHQW DJHQF\DQG WDOHQW EX\LQJ RUJDQL]DWLRQ ZLWK UREXVW ERRNLQJ WRROV IRU FXVWRPHUV HQWHUWDLQPHQW SODQQHUV PHPEHU SHUIRUPLQJ DFWV DQG RXU WHDP RI 7DOHQW &RRUGLQDWRUV :H KDYH GHYHORSHG D WUXO\XQLTXH PRGHO LQ WKH HQWHUWDLQPHQW EXVLQHVV IRU ILQGLQJ DQG ERRNLQJ ORFDO PXVLFLDQV DQG YDULHW\ SHUIRUPLQJ DFWV IRU DQ\ NLQG RI HYHQW RU IXQFWLRQ :H¶YH EXLOW D SODWIRUP ZKLFK LV IUHH WR RXU WKRXVDQGV RI SHUIRUPLQJ DUWLVWV EDQGV '-V DQG HQWHUWDLQHUV DOO RYHU WKH 86$ *LJ5RVWHUŒ WDNHV HQWHUWDLQPHQW ERRNLQJ WR WKH QH[W OHYHO E\SURYLGLQJ RXU PHPEHU SHUIRUPLQJ DFWV D ZD\WR SURPRWH WKHLU RZQ EXVLQHVV LQ D WDUJHWHG DQG UREXVW ZD\ZLWK QR XSIURQW FRVWV *LJ5RVWHUŒLV WKH RQO\ FRPSDQ\LQ WKH 8QLWHG VWDWHV DQG &DQDGD WKDW IHDWXUHV D IXOO VXLWH RI RQOLQH SURPRWLRQDO DQG ERRNLQJ FDSDELOLWLHV DQG DOVR LQFOXGHV SHUVRQDO DVVLVWDQFH IURP D WHDP RI H[SHULHQFHG 7DOHQW &RRUGLQDWRUV5HDO KXPDQVZKROLNH RXU SHUIRUPHUV KDYH 5HDO 7DOHQW DFURVV HYHU\ SKDVH RI WKH LQGXVWU\ :H FRQWLQXH WR HQKDQFH RXU RIIHULQJV DQG WKH LQWHUIDFH IRU RXU FXVWRPHUV ZKR ERRN WKHLU HQWHUWDLQPHQW ZLWK *LJ5RVWHUŒ5HDO 7DOHQW DQG WKH WKRXVDQGV RI SHUIRUPHUV ZKR DUH SURPRWLQJ WKHPVHOYHV LQ SXUVXLW RI ERRNLQJ HYHQWV WKURXJK RXU SODWIRUP DQG V\VWHP :H ZRUN DFURVV WKH 86$DQG EH\RQGLQ WKH H[FLWLQJ ZRUOG RI PXVLF HQWHUWDLQPHQW DQG WDOHQW ERRNLQJ VHUYLFHV Exhibit 2 City of Santa Ana RFP 21-139 Page 37 Appendix ATTACHMENT 3-8-C FEE SCHEDULE SERVICE: ENTERTAINMENT PROMOTER The City understands that performers’ rates can vary greatly based on a number of factors. Therefore, include a listing of talent represented by your company, group talent into levels of similar pricing and include the price range for each level. City may request services during the term of the agreement at prices identified in the price listing. If a requested service is not listed on the price listing the city will negotiate a price with the company. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - The proposer warrants that the prices, terms and conditions quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. __________________________________________________________________________________________________ Printed Name of Authorized Agent Title __________________________________________________________________________________________________ Signature of Authorized Agent Date Exhibit 2 Capability Statement GigRoster™ Professional Entertainment GigRoster.com 800.801.2484 info@gigroster.com Real Talent! Core Competencies ● An inclusive roster of established, local, national and international entertainers, bands, DJs and performing artists with exclusive access to thousands of artists on the GigRoster.com talent system. ● Over 35 years of experience as personal talent buyers for prestigious customers and companies. ● A full interactive suite of the tools necessary to help you select and work with the most appropriate professional talent for any event or program. ● Extensive knowledge in all areas of event production and promotion including venue selection, AV requirements, guest logistics and security. ● Easily searchable categories of musical artists of every genre in addition to keynote and motivational speakers and trainers, celebrity emcees and variety performers. ● Ability to create events for customers with an array of entertainment around virtually any theme. ● Specialists in corporate business events as well as public performances including fairs, festivals, promotional events. A Few Customers We’ve Entertained Major League Baseball: Providing special pre-game and event entertainers since 2002; Starbucks: Music for company meetings and promotional events; Wells Fargo: Annual Summer Concert Series at Wells Fargo Plaza; Microsoft: Product release events with live bands; Merrill Lynch: Annual Holiday Parties since 1995; Six Flags Parks: Ongoing ethnic performers for theme days at the park; The United Way: Musical and variety talent at gala fundraiser events; Turner Sports: Big bands for the Final Four breakfasts and dinners; The Port Of Seattle: The Merchants Of SeaTac December Holiday Program cast of performers & parade since 2010; American Cruise Lines: Live Dixieland Music for embarkation of all cruises since 2011 Exhibit 2 What Makes GigRoster™ Different? GigRoster™ Professional Entertainment’s is a company uniquely qualified to provide full entertainment services in a very personal way to our customers in local markets across the nation. Professional Entertainment has been in business as a premium entertainment buyer and coordinator for corporate, private and government customers since the 1980's. Now the company as launched new branding with GigRoster™, a truly revolutionary concept in the business of booking local top shelf entertainment. Our platform is free to the tens of thousands of performing artists, bands and entertainers who have partnered with us to bring a curated experience in selecting and booking talent of any style. With years of experience coordinating live talent for events, GigRoster™ takes it to the next level in providing our member artists a way to showcase features and benefits of their offerings. The new GigRoster™ interface is the only company covering the United states and Canada that features a full suite of online promotional and booking capabilities and also includes personal assistance from our team of experienced Talent Coordinators. Real humans, who have real talent in helping any customer select, book and manage the performance with the right entertainment for any event. The resources we are utilizing create a phenomenal growth potential as we continue to enhance our offerings for our customers to book entertainment. GigRoster™ - Real Talent. Where Can You Find Us? Seattle, Boston, San Francisco, New York, New Jersey, Chicago, Los Angeles, Portland, San Diego, Washington DC and Philadelphia as well as branch offices and talent coordinators in major markets across the USA. Keywords: Music, Musicians, Bands, Performers, Entertainment, Entertainers, Talent, Booking Agency, Talent Broker, Talent Buyer, Shows, Concerts, Combos, Ensembles, Jazz, Rock, Pop Music, Dance Music, Festival Music, Ethnic Music, Party Music, DJ, Deejay, Keynote Speaker, Training, Motivation. Certifications: National LGBT Chamber of Commerce nglcc.org, Certification #15017; SBA Small Business Enterprise sba.gov, Certification #79267624 Memberships: National Association of Campus Activities, NACA, naca.org Western Fairs Association, WFA, westernfairs.org Greater Seattle Business Association, GSBA, theGSBA.org DUNS 792676249 NAICS Codes 711130 Musical Performer 711410 Talent or Booking Agency 711510 Motivational Speakers 711320 Promoters of Performing Arts 711190 Other Performing Arts CAGE Code 6J4D3 UNSPSC Code 90150000 Insurance $2,000,000 aggregate Exhibit 2 Exhibit 2 Exhibit 2