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HomeMy WebLinkAboutSOUNDSKILZ, INC.INSURANCE ON FILE N-2024-125 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CITY CLERK DATE: CITY OF SANTA ANA D'• (�P CsH u) AGREEMENT WITH SOUNDSHILZ, INC., FOR EVENT PRODUCTION MANAGEMENT SERVICES FOR CITY'S JUNETEENTH EVENT THIS AGREEMENT is made and entered into on this 20th day of March, 2024 by and between N Soundskilz, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city o and municipal corporation organized and existing under the Constitution and laws of the State of ® California ("City"). RECITALS A. On November 13, 2023, the City issued Request for Proposal ("RFP") No. 23-172, by which it sought proposals from qualified contractors having special skill and knowledge in the field of event design and production management for the City's Iuneteenth event. B. Contractor submitted a timely and responsive proposal that was selected by the City. Contractor represents that it is able and willing for provide the services described in the scope of work that was included in REP No. 23-172, attached here as Exhibit A to the Agreement. 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 consulting 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 Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services that was included in REP No. 23-172 and attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the fees for services identified in Contractor's Proposed Budget attached hereto as Exhibit B and incorporated by reference. The total amount to be expended during the term of this Agreement shall not exceed Forty -Thousand Dollars and Zero Cents ($40,000). b. City shall pay fifty percent (50%) of the budgeted amount identified in Exhibit B within forty-five (45) days of the execution of this Agreement. c. Payment by City shall be made within forty-five (45) days following receipt of proper Page 1 of 9 #19793v7 invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. d. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. K3INERYWIiu This Agreement shall commence on the date first written above for a one (1) year term, unless terminated earlier in accordance with Section 15, below. 4. 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. 5. 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 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall procure, Page 2 of 9 #19793v7 maintain and shall require its subcontractors, if any, to obtain and maintain insurance, as described below, for the entire Term of this Agreement, against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office ("ISO") 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 CA 00 01 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non -owned autos), with with limits 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) 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 The above required insurance policies are to contain or be endorsed to contain the following 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 materials, parts, or equipment furnished in connectionwith such work or operations. (2) Primary Coverage. For any claims related to this Agreement, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. Page 3 of 9 #19793v7 (3) Notice Cancellation. Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City. (4) Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor under this Agreement. 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) Certificate Holder. The Certificate Holder on each evidence of insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. C. 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. d. 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. e. 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. Page 4 of 9 4t9793v7 7. 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, its subcontractors, agents, employees, or other persons acting on its 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 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. 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. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such Page 5 of 9 #19793v7 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. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Page 6 of 9 #19793v7 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 which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION If Contractor materially fails to perform or comply with this Agreement, or any provision thereof, City shall provide written notice describing the non-compliance to Contractor and shall thereafter afford Contractor fourteen (14) days to cure any such non-compliance. If Contractor fails to cure such non-compliance during this cure period, this Agreement will terminate upon expiration of the cure period. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to such 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(s) 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. 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. 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. 18. 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 Page 7 of 9 #19793v7 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. 19. 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-571-4211 To Contractor: Soundskilz, Inc. Attn: Stephen J. Clayton, President PO Box 891720 Temecula, CA 92589 (877) 357-5459 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 time frames, weekends, federal, state, County or City holidays shall be excluded. Page 8 of 9 #19793v7 N-2024-125 20. 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: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Bra on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: )1r'=hgr"w Hawk Scott (Mar 22, 202412:01 POT) CITY OF SANTA ANA Steven Mendoza Assistant City Manager Hawk Scott Executive Director Parks, Recreation and Community Services Agency #19793v7 CONTRACTOR: Stephen J. Clayton President Page 9 of 9 EXHIBIT A SCOPE OF SERVICES (9) EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below. Contractor shall be willing to work within the City's guidelines as set forth in the Special Events Policies and Procedures. There will be a total budget not to exceed forty -thousand dollars ($40,000) provided by the City, which includes cost of entertainers, performers, and all other costs and fees as well as payment to the Proposer for the services provided. No additional costs and fees shall be reimbursable. No additional funding will be provided for the event. Please price items accordingly. A. General Contractor Requirements 1. The City will work in an advisory role with Contractor on promotional advertisements and printed flyers or materials to present to the public. All materials distributed for the purpose of promoting and advertising Event must be pre -approved by the City. The cost of designing, printing, distributing must be included in Contractor's proposed lump sum fee. I. Additionally, the City will: a) Place the event on the City's Event Calendar; b) Provide social media support; c) Send out Press Releases related to Event; d) Reach out to dignitaries and discuss dignitary protocols; and e) Assist with City Agencies attending the event, including provision of a City informational booth. ii. The Contractor shall: a) Match City Style Guide for marketing design; b) Provide verbiage for Events Page blurb; c) Provide 1080x1080 image for Social Media; d) Provide draft of the Press Release; and e) Forward all social media handles, websites, etc. to the City's marketing team to assist with the marketing support. 2. The event must take place in June 2024. 3. The event may be held at a City park & City permit fees will be waived but all protocols and procedures must be followed in accordance with the City guidelines and other local, state, and federal laws and regulations. City of Santa Ana RFP No. 23-172 Page 18 of 44 4. Contractor may charge a nominal fee to vendors for space in order to reduce any additional costs incurred by the Proposer. All vendors must comply with City -stated guidelines to sell items on the day of the event. 5. It is the responsibility of the Contractor to ensure all entertainment, performers, and vendors carry and maintain proper insurance requirements and business licenses necessary to conduct business in the City. 6. Contractor must present their timeline by February 1, 2024. The final layout and approved plan must be presented to the City by April 1, 2024. 7. City will have staff present at the event but it is the responsibility of the Contractor to ensure there is enough staff/volunteers and supervision present to handle the amount of participants. 8. Contractor shall provide all labor, supplies and equipment necessary to perform services as specified herein. B. Event Management Services 1. Contractor shall manage and produce all phases of Event, including, but not limited to conceptualizing and designing the experiential and physical elements; managing schedules; procuring equipment, vendors, and services; providing technical and logistical support; training personnel; and managing and executing the on -site event build and tear - down. 2. Contractor shall be responsible for the overall planning and execution of the event, including the following: i. Assigning a Project Manager to this contract to act as lead and primary point of contact for the City. ii. Managing and adhering to schedule and budget. iii. Providing creative direction and recommendations to the City regarding event design and layout, theme development, marketing, and public relations. iv. Preparing reports and support documentation such as conceptual drawings, vendor/subcontractor list(s), expenditure/revenue reports, quotes, invoices, and cost estimates. v. Attending meetings as needed or upon request by the City, such as a pre -event planning meeting that will be scheduled to define City Special Events Processes, parameters and requirements. City of Santa Ana RFP No. 23-172 Page 19 of 44 EXHIBIT B CONTRACTOR'S PROPOSED BUDGET Soundskilz, Inc., Santa Ana 2024 Juneteenth Event Budget Category Amount Brand Identity Package $4 500 Marketing/Public Relations $5,500 Printing $2,500 Entertainment $5,000 Rentals $10,000 Event Insurance $1,500 Event Staff $3,500 Admin/HR/Accounting/Payroll Insurance $1,500 Agency Fee $6,000 Total $40,000 �1® `'� CERTIFICATE OF LIABILITY INSURANCE DAo3%Dz'2o"4YY) 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 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 o the Carl icat holder in lieu of such endr rse t n I la ���t\1� a Group 13 N tee. STE 109 # 109 Angie Aceve SCOTTSD AZ 85260-3666 �1/ �/1 /.fit Date. 2024.0Jts NAME: PHONE_ANo Ext : (602) 992-1570 FAX No): (602) 992-6327 ADDRESS: mgranado@eggroup.com INSURER(S) AFFORDING COVERAGE NAICN INSURERA: Great American Insurance Company 16691 INS P SA E 10 JV' ERSASSOCI ON I ITS PARTICIPATING MEMBFRF. URERB: INSURERC: Sound Skilz, Inc. INSURERD: PO BOX 891720 TEMECULA, CA 92589 INSURERE: NSURERF: COVERAGES CERTIFICATE NUMBER: GAS127905 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. INSF LTR rypE OF INSURANCE ADDL INSR SUER WVD pOLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDA'YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Eaoaurarc $3D0000 MED UP (Any one person) $10,000 CLAIMS -MADE FX] OCCUR A X HOST LIQUOR LIABILITY INCLUDED X X PAC 4725034 11/10/2023 12:00 AM 11/10/2024 12:01 AM PERBONAL&AOV INJURY g1,LO0,000 GENERALAGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPACP AGG $2.000000 X POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea aceiQ-0 $1,000,000 BODILY INJURY (Perpe,son) ANY AMD AH AUTOSGAINED SCHEDULED Auros AUTO. 'X PAC 4725034 12/11/2023 12:00 AM 11/10/2024 12:01 AM BODILY INJURY (Per accident HIREDAUTO X NONOWNED AMOS PROPERTY DAMAGE Per acciEenl UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIM&MADE AGGREGATE OED I I RETENTION S A Professional Liability X X PAC 4725034 11/10/2023 12:00 AM 11/10/2024 12:01 AM EACH OCCURRENCE AGGREGATE LIMIT $1000.000 51,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Covered Activities: Production Vendor The Certificate Holder is added as an additional insured but only with respect to liability arising out of the named insured during the policy period. Primary & Non -Contributory coverage applies. Waiver of Subrogation applies. Event date: 06/22/2024 Scheduled Activities Exclusion Applies -Please Refer to Named Insured Member Certificate of Coverage CERTIFICATE HOLDER City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 TION SHOULD ANY OF THE ABOVE Dr"""' BEFORE THE EXPIRATION DATE THI ACCORDANCE WITH THE POLICY PR AUTHORIZED REPRESENTATIVE AUzw Futiavwi,aA „a,� �'f: Y� WdtMvuganadD(WIDn REVIEWED 6 APPROVED BMEW APPROVED Risk Management SpeciAht ACORD 25 (2016/03) @ 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: Policy Number: PAC 47250341 GAS127905 Insured: Sound Skilz, Inc. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: 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. Risk Mouge dDivision REVIEWED&ArpR &Y: 1tillJ:r1' A-feA"V44 �. ® Ruk Management Spedalirt CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 0 CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 0 ACORa CERTIFICATE OF LIABILITY INSURANCE DAM(MMIDDIYYY)() 03/26/2024 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 Heffernan SGB Insurance Services LLC CONTACT Rachel Hindle NAME: 32100 Clinton Keith Rd Ste G Wildomar, CA 92595 PNDNEp.N E (951)678-7290 ac No: (951)676 6540 ADDRIESS: rachel@insuremesgb.com INSURERS AFFORDING COVERAGE NAIC # License #: 6009061 INSURERA: Great American Insurance Group 1669 INSURED INSURERB: Employers Preferred Ins. Co. Soundskilz Inc INSURERC: P.O. Box 891720 INSURERD: Temecula, CA 92589 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 00017160-1313040 REVISION NUMBER: 60 THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL Jam SUBR Wvo POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERALLIABILITY CLAIMS -MADE 1XI OCCUR PAC4725034 11/10/2023 1111012024 EACH OCCURRENCE $ 1000000 DAMAGE TO RENTFD-- PREMISES Ea occurrence $ 300,000 MED EXP(My one person) $ 10000 PERSONAL &ADV INJURY $ 1 gog goo GENT AGGREGATE LIMIT APPLIES PER: x POLICY 0 JECOT 11 LOC GENERAL AGGREGATE $ 2.000.000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS P) BODILY INJURY (Per accident $ HIRED NON-0WNED AUTOS ONLY AUTOS ONLY PROPERTYGAMAGE Per accitlenl $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CIAIMS-MADE OEO RETENTION$ $ B WORKERS AND EMPLOYERS' LI LIABILITY YIN ANY PROPRIETORIPARTNEILEXECUTIVE OFFICEMMEMBER EXCLUDED? (Mandatory in NH) NIA EIG486428702 1011412023 10/14/2024 X I STATUTE OEa 1,000,000 EL EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Df yes. descr beunder ESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Miscellaneous E&O PAC 4725034 1111012023 11110/2024 Professional Lie 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be allached If more space is required) The Entity, 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 materials, parts, or equipment furnished in connection with such work or operations. Coverage is Primary and Non -Contributory City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRI THE EXPIRATION DATE THEREOF, NO ACCORDANCE WITH THE POLICY PRC AUTHORIZED REPRESENTATIVE ,y 'Yt,. a '® RWe MralrgnnmtDMabO REinEv#Eo 6 APPROV® Sr Risk Management Spedalist OF ACORD 25 (2016/03) T MAN PIMP! R D CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by RAH on 03/26/2024 at 12:50PM