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GIG ROSTERS PROFESSIONAL ENTERTAINMENT
INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 1 . 'JO. 21 CLERK OF COUNCIL DATE: A-2022-046-02 AGREEMENT WITH DARREL WAGNER DBA PROFESSIONAL ENTERTAINMENT (GIGROSTER) TO PROVIDE ENTERTAINMENT SERVICES TO THE CITY OF 0. e905, / ft�e�o AY A\ 1 SANTA ANA THIS AGREEMENT is made and entered into this 5th day of April 2022, by and between Darrell Wagner, a sole -proprietor dba Professional Entertainment (GigRoster) ("Contractor"), and N 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, 2021, 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 Page I 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., ("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 Page 2 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 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 Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 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 Ol 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 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 Page 3 of 10 operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith 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 notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 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. Self -Insured Retentions: -Self -insured retentions must be declared to and approved by the City. The City may require theContractor 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): The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Page 4 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. 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 requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy 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 therisk, 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 Page 5 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 Agreement. 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. Page 6 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 Darrellna,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 Page 7 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 Page 8 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: aisy Gomez lerk of the Council CITY OF SANTA ANA stine Ridge City Manager [signatures continued on next page] Page 9 of 10 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney ����-1% By. andon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL rL�.I�fi Rudloff Executive Director Parks, Recreation, and Community Services Agency DARRELL WAGNER DBA PROFESSIONAL ENTERTAINMENT (GIGROSTER) M'.A , 2/22/2022 Da 1 agner Chief Executive Officer Page 10 of 10 EXHIBIT A 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 Norteno 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. City of Santa Ana RFP 21-139 Page 14 EXHIBIT B Professional Entertainment GigRosterW CITY OF SANTAANA Parks, Recreation and Community Services Agency 20 Civic Center Plaza-M23 Santa Ana, CA 92701 Dear Committee, This is to apply for the position of providing talent booking in conjunction with RFP 21-139 We understand many of the most successful and popular civic events and concerts have found that bringing in someone to handle all the entertainment serves them well. At GigRosterTMwe are able to do that in a way nobody else can with our extensive suite of exclusive resources and many years of experience in booking and managing entertainment programs. We have been providing Real Talent to our clients since 1983. Just a few of the advantages that you enjoy with GigRosterTM • We provide a single point of contact for all booking and acts providing continuity and easing the burden on the Fair manager or board members to coordinate hundreds of details with multiple providers. • All contracting for entertainers is done through a single source. • Only curated entertainers with a good track record of reliability and those which are appropriate for a Fair/Festival audience are scheduled for performances. • Procurement of entertainment is often done at a higher level of quality without raising cost, based on the wide range of booking and talent buying activities we undertake throughout the year. • All invoicing and billing is done through a single point for all services and entertainment providers. • GigRosterTmowns an extensive network of all styles of entertainer to fit both style and budget needed for the City of Santa Ana through the proprietary GigRoster.com® interface which is not available from any other organization in the USA. • All insurance requirements, if needed, can be met at no added cost. • Coordination is provided between performers and the stage/sound for tech needs, stage plots and more • Professional Entertainment systematically coordinates all directions, load -in instructions and payroll for performers as well as follow-up after the performances and tax reporting requirements. Please feel free to contact me at your convenience if you need clarification on any services. Yours, Darrell K. Wagner v GigRoster"mProfessional Entertainment www.Gi,Roster.com 800-801-2484 Professional Entertainment GigRosterW GigRosterTM is a fully developed, experienced entertainment agency and talent buying organization with robust booking tools for customers, entertainment planners, member performing acts and our team of Talent Coordinators. We have developed a truly unique model in the entertainment business for finding and booking local musicians and variety performing acts for any kind of event or function. We've built a platform which is free to our thousands of performing artists, bands, DJs and entertainers all over the USA. GigRosterTMtakes entertainment booking to the next level by providing our member performing acts a way to promote their own business in a targeted and robust way, with no upfront costs. GigRosterTM is the only company in the United states and Canada that features a full suite of online promotional and booking capabilities and also includes personal assistance, from a team of experienced Talent Coordinators. Real humans, who, like our performers, have Real Talent across every phase of the industry. We continue to enhance our offerings and the interface for our customers who book their entertainment with GigRosterT- Real Talent and the thousands of performers who are promoting themselves in pursuit of booking events through our platform and system. We work across the USA and beyond, in the exciting world of music, entertainment and talent booking services. Appendix ATTACHMENT 3-8-C FEESCHEDULE 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. Pop Music — $1200.00-$1800.00 DJs — $800.00-$1500.00 Mariachi Bands — $1200.00-$1800.00 Classical Ensembles — $800.00-$1200.00 Top-40 Bands — $1500.00-$3000.00 Tribute Acts — $2500.00-$4500.00 Jazz Combos — $800.00-$1200.00 Folk Performers — $1000.00-$1500.00 Ethnic Music — $800.00-$1800.00 Motown -Soul Music — $2000.00-$3000.00 Country & Western — $1200.00-$1800.00 Variety Party Bands — $2000.00-$3000.00 Holiday Musicians — $1200.00-$1800.00 Santa Claus Performers — $300.00-$500.00 *See Our listing of currently Registered Artists and Performers below, Following the Capability Statement. This is a listing only of our artist Roster listed within close proximity to the Santa Ana area. Our Roster in southern California includes over 1500 artists and performers. Also available regional and national talent, including comedians, musicians, bands and speakers who tour across the USA and Canada (not listed here). Our clients can also browse our interactive site for ideas and available acts at: https://www.gigroster.com/local/r-alifomia Purchase order or firm price proposal is always sent on request. 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. Darrell K Wagner ntefl.l la of Authorized Agent 1 /10/2022 Date CEO Title City of Santa Ana RFP 21-139 Page 37 ' Capability GigRosterTM Professional Entertainment Statement GigRoster.com800.801.2484info@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 MoEPlli oPMlANO Microsoft 610 ��yla' / eV vrNlFlp�~ Merrill6ynch * MCICYSSIXTFIagg : State Farm- What Makes GigRosterTm Different? GigRosterTM 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 GigRosterTM, 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, GigRosterTM takes it to the next level in providing our member artists a way to showcase features and benefits of their offerings. The new GigRosterTM 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. GigRosterTm - 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 aggi ng cc a naca s National LGBT `J Chamber of Commerce 15.S-11 „_ GigRoster.comT" Corporate Offices PO Box 78593 Seattle WA 98178 Real Talent! - }.1 C 00 'o O O m ?" 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G O •O L2 Q O W n W O n N u 'O in cn Q CERTIFICATE OF LI B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EX BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, th If SUBROGATION IS WAIVED, subject to the terms and conditions of the plal this certificate does not confer rights to the certificate holder in lieu of such PRODUCER NA Blue Lion Insurance, LLC PAR 10224 Airport Way, Ste C AD Snohomish WA 98296 IN: Darrell Wagger dba Professional Entertainment PO BOX 78593 INSURAIIcjigitally si MMIDD/ 1/8/2021 IGHTS U 'O f TE HOLDER. THIS E HE COV .F'k9E AFFORDED BY THE POLICIES BETWEEN TI E ISAGIR111il'i AUTHORIZED an Brix, R- uerts 800-665-5t54 INSURERS) AFFORDING Mesa Underwriters Specialq I Seattle WA 98178INSURER F: COVERAGFS CFOTICIPATIM Mnaacco. __..._._......- on 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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD MD POLICY NUMBER (FULIC (MMIDDIYYVY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ 11000,000 PREMISES Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y MP0046001004491 07/30/2021 07/30/2022 PERSONAL S ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO JECT �LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS-COMPIOPAGG $ 1,000,000 OTHER: AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Ea'RLEnJUl) $ BODILY INRY (Per person) $ BODILY INJURY (PeraccitlenQ $ P.,accideni $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEp I I RETENTION$ $ CREEPS COMPENSATION AND EMPLOYERRIPARILITY YIN ANY PROPRIETOR/ EXCLUDED? EXCLUDE09 ❑ NIA _ STATUTE ER E.L. EACH ACCIDENT $ MandatoryIn NH) (f yes, d ory In and If yes, describe under E.L. DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below EX DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD iOl, Additional Remarks Schedule, may be allached If more space is required) The City of Santa Ana, 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 Vendor including materials, parts, or equipment furnished in connection with such work or operations. City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Grt.ar. Roberts © 1988-2015 ACOR ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD e- RiskM-WmodDMln ? RVEWED 6 APPRa Y A,fi Auvo�. link ManagpuI POLICY NUMBER: MP0046001004491 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s): I Location(s) Of Covered Operations City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers Information required to complete this Schedule if not shown above will be shown in the Declarations. I A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury', "property This insurance does not apply to "bodily injury' or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Rlsk7d. gemmtDM*n RwEw &APPROVED Br A+feAm4Eo �99M=_ Risk Management Spenalist Policy Number: MP0046001004491 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 0104 13 © Insurance Services Office, Inc., 2012 a+g Risk MwjganvdDlvislan "L REVIEWED 6 APPROVE) 6Y: • A�:c AcevteLa �' Risk Management Specialist -' POLICY NUMBER: MP0046001004491 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Location And Description of Completed Operations: Additional Premium: 0.00 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations haz- ard". CG 20 37 10 01 © ISO Properties, Inc., 2000 IDekMxnaganadDMalan \� REVIEWED6APPRWEOBY: �' Risk Mang,— nt5pedelist POLICY NUMBER: MP0046001004491 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers Per Written Contract" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 WekMano9emadDM,1on .g ~on•`,,�P� REVIEWED n APPRW® BY: is 0 A+� : Aaev44 ® Risk Management Spedrdht WAUR N CE ID STATE PEMCO FE 130U Dexter Avenue N INSURANCE IDENTIFICATION Insurance Seattle, WA 98109-3571 PEMCO Mutual Insurance Company DARRELL K. WAGNER PO BOX 78593 SEATTLE WA 98178-0593 Washington's Financial Responsibility Law requires drivers to carry proof of liability insurance for each vehicle they drive. Here are your insurance identification cards for each vehicle you've insured with PEMCO. Keep a card in each of your cars. WASHINGTON STATE INSURANCE IDENTIFICATION PEMCCI PEMCO Mutual Insurance Company 1.800-GO-PEMCO (1-800-467-3626) VALUED CUSTOMER 0 SINCE: 1994 POLICYHOLDER: DARRELL K. WAGNER POLICY NUMBER: CA 0658600 POLICY EFFECTIVE DATES: 07/23/21 TO 07/23/22 YEAR/MAKE/MODEL: 2020 SUBARU ASCENT TOURING VEHICLE IDENTIFICATION NUMBER: 4S4WMARDXL3430479 PEMCO Mufuol Insurance Company 1.800-GO-PEMCO (1-800.467-3626) 12339 001 09 16 pemco.com ram„�, RWcM°n°SemmtUltiel°n _ REVIEWED 6 APPROVED Or A+j-u Auvti<6 L99IMP. Risk Management Spenalist $ y" E8 ^$ m a t =_ O of ME m 2'3 mP'R c 0 V and an q v�R E: bQ oLL v Sm4=F �=�'i'3s• P e9 m ft s� r 0 a i g V S f� nn a$ fr O` x 4U �m Ly _" �p LL Elf C a o 6 1 'El ------------------------------------------------- a E u eo `a 045 , F `e s .ppm m Z Oe �B aSE t o W m V o—m Er ag � 9=�'•' 0 O_ 9_ m; M1t m°- i Is0 �• f.v�'c'8' yp KIM xifflllgm VMR[= -� REMEWED S APPROVED BY: _4,dIl11 L' A-JU AaV44 Risk Management Specialist Illifffll PEMC0 1300 Dexter Avenue N Insurance Seu le, WA 98109-3571 DARRELL K. WAGNER PO BOX 78593 SEATME WA 98178-0593 INSURANCE WALLET CARDS PEMCO Mutual Insurance Company Here are the PEMCO Insurance information wallet cards for each driver in your family. The information on the cards can be used to contact us quickly in case of an emergency. Thank you for choosing PEMCO. WASHINGTON STATE INSURANCE IDENTIFICATION PEMCO PEMCO Mutual Insurance Company No 1-800-00-PEMCO (1-800-467.3626) VALUED CUSTOMER SINCE: 1994 POLICYHOLDER: DARRELL K. WAGNER POUCY NUMBER: CA 0658600 POLICY EFFECTIVE DATES: 07/23/21 TO 07/23/22 INSURED DRIVER: DARRELL K. WAGNER PEMCO Mutual lnsarance Company 1-800-GO.PEMCO(1-300-467-3626) 12339.001 09 16 pemco.Com o �. ReA A+ f, Ace Asia Risk Management Specalist 9 S F a S. g i O 94 m ggm 9p o g m° t nQ $a o ig po d�dO' 8 g EYy �ffif E o�� SJl:= p S ------------------------------------------------- a- 3 � me p VpQ C 'S n y m n `m a o o 9 Yt�i u n O e ` m o p W tt de G '.P Pe mm4.`G° a 'o E 8 p '£ z° o y0. 0 PYp 0 9 C; d P n ^ 0 J v Sm � YE9a"o �'Po 91 8o On -" u f> Dv Eo$ S f REVIEW &APPROVED or. A4f, AaN44 RM Management Spedafst May 12, 2022 City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th floor Santa Ana, CA 92702 To whom it may concern, Professional Entertainment does meet the following requirement: PROFESSIONAL LIABILITY (ERRORS AND OMMISSIONS) If contractor is or employs a licensed professional such as an architect or engineer please provide this insurance. If contractor isn't and will NOT employ a licensed professional - please provide a signed letter on company letterhead stating that you do not meet this requirement. Nor will it employ any license professional in carrying out the duties of booking entertainment for the City Of Santa Ana. Yours, Darrell Wagner - CEO Professional Entertainment PO Box 78593 Seattle WA 98178 darrell@gigroster.com 8700-801-2484 s., w,kM.rognnadDMdon GigRosterM Professional Entertainment =%" ` flEMIEWM&APPRCNme41 PO Box 78593, Seattle WA 98178 800.801.2484 GigRoster.ce (isa c/ 444 �2%wp' Ruk Management Spedalut CITY OF SANTA ANA RISK MANAGEMENT, dawata a 4 HUMAN RESOURCES � ;„ Managing RIM 'y POS L Change, , � - ,4 WORKERS' COMPENSATION DECLARATION Darrell Wagner hereby affirm under penalty of perjury, the (Nomelritle) following declaration: I certify on behalf of Professional Entertainment (Consultant/Company Name) of my contract for Entertainment that during the term services with the City of Santa Ana, (Type of service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: 5/12/2022 Print Name: Darrell Wagner Print Title: CEO Signature: I • - i 1i=�1t��i - 1 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. klRisk MgmtVnsurance Requirements) WC Declaration 08152019 R1ekM& A"Rnl.DiD BY: REVIEWm & APPROV®BY: 71 A+ ju Ate. �Risk Management spea4ist �; NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Darrell Wagner Name: Project A-2022-046-02 Number: Agreement With Darrel Wagner DBA Professional Project Entertainment (GIGROSTER) To Provide Entertainment Name: Services To The City Of Santa Ana 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: EXPIRATION TYPE OF INSURANCE POLICY NUMBER COI DATE FILE NAME DATE _Santa Ana - Auto Liability (Non-Use AUTOMOBILE LIABILITY WAIVER 09/26/2023 09/26/2022 Agreement) Request for Waiver.pdf Darrell Wagner DBA Professional GENERAL LIABILITY (Override per RMD Manager) MP0046001005228 07/30/2023 08/01/2022 Entertainment (GigRoster) COI 22-23.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Darrell Wagner Name: Project A-2022-046-02 Number: Agreement With Darrel Wagner DBA Professional Project Entertainment (GIGROSTER) To Provide Entertainment Name: Services To The City Of Santa Ana 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: POLICY EXPIRATION COI TYPE OF INSURANCE FILE NAME NUMBER DATE DATE Professional Entertainment - Auto AUTOMOBILE LIABILITY WAIVER 09/11/2024 09/22/2023 Liability (Non-Use Agreement) Waiver.pdf City of Santa Ana Prof. GENERAL LIABILITY MP0046001005767 07/30/2024 07/31/2023 Ent. COI '23- '24.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 9/22/2023 12:50 PM E(MM/DDIYYYY) ,acoRo° CERTIFICATE OF LIABILITY INSURANCE 712/12/2024 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 endorsement(s). PRODUCER CONTACT NAME: Kaitlyn Larson Blue Lion Insurance,LLC PHONE 800-665-5154 FAX 888-221-9537 A/C,No,Ext: (A/C,No): 10224 Airport Way,Ste C ADDRESS: kaitlyn@bluetioninsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Snohomish WA 98296 INSURER A: Nautilus Ins.Co. 17370 INSURED INSURER B: Darrell Wagner dba Professional Entertainment INSURER C: PO BOX 78593 INSURER D: INSURER E: Seattle WA 99178 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE �OCCUR P M REISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 10,000 A Y Y NN1722642 07/30/2024 07/30/2025 PERSONAL a ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 ,x POLICY ❑JE C ❑LOC PRODUCTS-COMP/OP AGG $ included OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED FIHUFIEH Y DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ---rSPETARTUTETI ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICERNEMBER EXCLUDED? NIA NN1722642(WA Stop Gap) 07/30/2024 07/30/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Santa.Ana, 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 Vendor including materials, parts, or equipment furnished in connection with such work or operations. 30 days written notice of cancellation will be d by provided. Tu Tran T.Tt Iy gu en D,te 2 2guyen APPROVED Nguyen nare:zozs.oz.,, 7:oasa-as'oo CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 5:08 pm, Feb 11, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Ka�tt�w Santa Ana,CA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: NN1722642 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Locations Of Covered Operations City of Santa Ana, it's officers, employees, agents, representatives, and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy Number: NN1722642 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: NN1722642 COMMERCIAL GENERAL LIABILITY CG20371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana, it's officers, employees, agents, representatives, and volunteers Location And Description of Completed Operations: Additional Premium: 0.00 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations haz- ard". CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 ❑ POLICY NUMBER: NN1722642 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana, it's officers, employees, agents, representatives, and volunteers "Per Written Contract" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Page 1 of 1 WORKERS' COMPENSATION DECLARATION I Darrell K Wagner hereby affirm under penalty of perjury, the (Name/Title) following declaration I certify on behalf of Professional Entertainment TM that during the term of my (Consultant/Company Name) contract for Entertainment services with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide proof of workers' compensation coverage. DATE: February 10, 2025 By: Name: Darrell Wagner Title: Owner Telephone: 800-801-2484 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. Auto Liability (Non-Use Agreement) Date 12/13/2024 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: Professional Entertainment has intent to enter into an agreement with the City of Santa Ana.Throughout the course of this agreement,Professional EntertainmE attests to the following: 1 Professional Entertainment will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2 Professional Entertainment will not use any owned/rented/leased vehicles during thecourse and scope of the services provided in the agreement/contract. 3 Professional Entertainment consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By signing below, I, Darrell Wagner, CEO attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of $ 1 million per occurrence, the contract will be considered null and void andthe company will be held fully liable for any and all damages. mgySignature: �` Name:Darrell K Wagner Job Title:CEO Company Name:Professional Entertainment Contact Phone: 800-801-2484 ext 103 Email Address: Darrell 1@g�g roster.com CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR PROFESSIONAL LIABILITY INSURANCE I Darrell Wagner ("Representative"), attest that I am an authorized (Name and Title of Vendor Representative) representative of Professional Entertainment ("Company"), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number A-2022-046-02 ("Agreement")to provide Entertainment Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company will not use the services of an expert necessitating professional liability/errors & omissions liability insurance coverage in the performance of Services to, for, or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum professional liability insurance coverage as required in the Agreement,it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. T� Februrary 11, 2025 Signatur Date Darrell Wagner Print Name CEO Title 800-801-2484 Ext 103. Darrell@GigRoster.com Contact Information,i.e.,Telephone Number and/or Email Address Affidavit of Exemption for Professional Liability Insurance 11.12.2024