Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
ARAS ENTERPRISES, INC.
A-2025-041 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES i CITY CT-RK �')AFL. MAY 7 207� ONSULTANT AGREEMENT BETWEEN ARAS ENTERPRISES,INC.AND THE CITY OF SANTA ANA FOR ENTERTAINMENT PROMOTER SERVICES i i �• ��I, ��} THIS AGREEMENT is made and entered into on this 151h day of April, 2025, by and between itUnl � /ern( ARAS Enterprises, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws i of the State of California("City"). i RECITALS A. On December 5, 2024,the City issued Request for Proposal ("RFP")No. 24-102 seeking to retain a consultant having special skill and knowledge in the field of entertainment promoter services for the City's Parks,Recreation,and Community Services Agency. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No.24-102. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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 Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to frilly and adequately complete the services described in the "Scope of Services," attached hereto and incorporated herein by reference as Exhibit A,and as further described in"Consultant's Proposal," attached hereto and incorporated herein by reference as Exhibit B. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in "Consultant's Fee Proposal," attached hereto and incorporated herein by this reference as Exhibit C. Consultant is one of two(2)separate consultants selected to provide services on an on- call basis under RFP 24-102. The total compensation for services provided by all consultants selected under RFP 24-102 shall not exceed the shared aggregate amount of$1,500,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five(45)days following receipt of proper Page 1 of 9 invoice evidencing work performed,subject to City accounting procedures, City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant 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 Consultant's account(s) with financial institutions. 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, 3. TERM This Agreement shall commence on April 15, 2025 and terminate on April 14,2028,with the option for the City to grant up to two(2), one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. YNDEPENDCNT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services.Consultant shall pay all salaries and wages,employer,.-,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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement, Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data, Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant 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, Page 2 of 9 S I, i i I G. INSURANCE i Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise f om or in connection with products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. Minitnuwn Scope and Limit of Insurance. • Commercial General friability; coverage shall be at least as broad as Insurance Services Form CG 00 01 covering COL on an"occurrence" basis, including products and completed operations,property damage,bodily injury and personal& advertising injury with limits no less than$1,000,000 per occurrence and$2,000,000 aggregate. • If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintal nod by Consultant.Any available insurance,proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,the following,provisions; • City of Santa Ana, its City Council,, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Instructor including materials, pants,equipment, and personnel furnished in connection with such work or operations. • Insurataee company agrees to waive all rights of subrogation.against City of Santa Ana, 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 Instructor for City. • For any claims related to this contract, Consultant'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. • A severability of interest provision must apply for all the additional insureds,ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. • Insurance policy required herein shall provide that coverage shall not be canceled, suspended., voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written Notice has been given to City. Ton(10) days prior written shall be provided to City for policy cancellation or non-renewal due to non-payment. • Certificate Holder on each Evidence of Imrance certificate shall be; City of Santa Ana,Attention. (Name of Department Staff Responsible for Agreement),20 Civic Center Plaza M- (ResponsibIo StafIrs Department Mail Box), Santa Ana, CA 92701. j` . Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M.Best rating of no less than A:VII, unless otherwise acceptable to City. Page 3 of 9 Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a*copy of the Declarations and Endorsement Pago of the CUL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them, City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specification$, at any time. Special Events Coverage. Special events coverage is available and can be purchased by Contractor,Use this link to learn more, ht!ps://2sparta.coin/seliV gpplicatiomphp. Special Risks or Circumstances. City reserves the right to modify these requirements at any time,including limits,based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances.City reserves the right to modify or waive insurance requirements for certain low risk recreational activities. 7. INDEMNIFICATION Consultant 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 Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement;and(2) frotu any claim that personal injury,damages,just compensation,restitution,judicial or equitable relief is due by reason of ft terms of or effects arising from this Agreement.This inadoinnity 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 ref-erred to in this Section or by reason of the terms of, or effects,arising from this Agreement. The Consultant 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 persona 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 Consultant's services are subject to Civil Code Section 2782.9,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 Consultant. S. INTELLECTUAL PROPERTY"INDEMNIFICATION Consultant 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 Page 4 of 9 i or documents provided by Consultant to the City pursuant to this Agreement, � I 9. RECORDS Consultant shall keep records and invoices in connection with the worts to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agraennent 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any ether documents created i pursuant to this Agreement during ragulax business.hours. Consultant 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 Consultant under this Agreement. 10. CONFIDENTIALITV If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 inform.a:tion 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 slid nondisclosure shall not apply to any information.that(a)has been disclosed in publicly available sources;(b)is,through no fault of the Consultant disclosed in a publicly.available source; (c)is in rightful possession of the Consultant without an obligation of confidentiality;(d)is required to be disclosed by operation of law; or(e) is independently developed by the Consultant without reference to information disclosed by the City. i 5 11.. CONFLICT OF INTRRI';ST CLAUSE Consultant 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 Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all. l Page 5 of 9 E i applicable;Federal,state and local laws and regulations. 1.3. AXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusivo statement between the City and Consultant, 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 Consultant. 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 Consultant 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 Consultant, Consultant may:not assign,transfer, delegate,or subcontract any interest herein without the prior written Consent of the City and any such assignment, transfer, delegation ox subcontract without the City's prior written consent shall he 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. TERM1fNATION This Agreement may be terminated by the City upon, thirty (30) days written notice of termination, hi such event,Consultant shall be entitled to receive and the City shall pay Consultant y compensation fox all services performed by Consultant 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 Consultant to deliver to the City all work product(s) completed as of such date,and.in such case such work pxoduct shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Reeitals of this Agreement, 16. WAIVER No waiver of breach, fallure of any condition, or any .right or remedy container) In or granted by the provisions of this Agreement shall be effective unless it is in vriting 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. Page b of 9 I t i 17. .IU ISDICTION-VENUE I This Agreement has been executed and delivered in the State of California and the validity, t 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 Grange County, California,shall be the venue for any action or proceeding that may be brought or i arise out of,in connection with or by reason of this Agreement, ' 18. PROFESSIONAL LICLiNNE8 i Consultant shall, throughout the tertu of this Agreement,maintain all necessary licenses, permits,approvals,waivers, and exemptions necessary for the provision of the services hereunder and requixed by the laws and regulations of the United.States,the State of California,the City of Santa Ana and all other governmental agencies. Consultant skull 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 terminatloji of this Agreement. 19. NOTW E, Any notice,Wader,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 commrmication in the manner provided in this Section,to the following persons: To City: City Cleric City of Santa Ana 20 Civic Center Plaza(M-30) P.O.Box 1988 Santa Ana,California 92702-1988 Fax: 714-647-6956 With courtesy copies to: Executive Director Paxks,Recreation,and Comm"ty Services City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: ARAS Entorprises,Inc. Alta: Clabriela Barbarena Page 7 of 9 I ' i I i i 6608 Gretna Ave, Whittier, California.90606 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 tluce (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 deowed 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. 20, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective patties to each of the terms of this Agreement, mid 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. [signatures appear on fallowing page] Pago 8 of 9 ii I SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN ARAS ! ENTERPRISES,INC.AND THE CITY OF SANTA ANA FOR ENTERTAINMENT PROMOTER SERVICES IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST CITY OF NTA AN I ermifer L. al Kivaro Nunez � j City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney onathan T.Martinez Byl dti l barena Assistant City Attorney Tit . C -ARAS Enterprises,Inc. RECOMMENDED FOR APPROVAL Hawk Scott Executive Director Parks,Recreation, and Community Services Agency f 1 Page 9 of 9 E f EXHIBIT A SCOPE OF SERVICES I CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below. The City is seeking a Contractor with the capacity to provide talent for various events. Sample events include: Fiestas Patrias, Chicano Heritage Event, Tet, 4th of July, Egg Hunts, Concerts in the Park, Plaza Navidena, 5k/10k. Below is a sample listing of performers used for previous large-scale events: Banda Machos Diana Reyes Maribel Guardia Fidel Rueda Graciela Beltran Las Sebastianes Promoter must have access to groups within the Mexican regional music genre such as, but not limited to, the following: Banda Norteno Mariachi Promoter must also have access to groups and performers of a wide variety of genres. 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. The City understands that performers' rates can vary greatly based on a number of factors. Therefore, include a listing of talent represented by your company, group talent into levels of similar pricing and include the price range for each level. City may request services during the term of the agreement at prices identified in the price listing. If a requested service is not listed on the price listing the city will negotiate a price with the Contractor. I. Task 1 - Event Management and Production Services Contractor shall manage and produce all phases of Event, including, but not limited to conceptualizing and designing the experiential, physical and digital event elements; managing production schedules and budgets; procuring equipment, vendors, and services; providing technical and logistical support; training personnel; and managing and executing the on-site event build and tear-down. City of Santa Ana RFP No.24-102 Page 15 of 31 CITY OF SANTA ANA Event Management and Production Services shall include the following: A. Event Management Services - Contractor shall be responsible for the overall planning and execution of the Event, including the following: 1. Assigning a Project Manager to this contract to act as lead and primary point of contact for the City. 2. Establishing and maintaining effective working relationships with the City, other government agencies, vendors, contractors, VIPs, and other stakeholders. 3. Managing and training the Production team. 4. Managing and adhering to schedule and budget. 5. Providing creative direction and recommendations to the City in areas such as event design and layout, theme development, logo creation, marketing, and public relations. 6. Preparing reports and support documentation such as production schedules, site plans, conceptual drawings, vendor/subcontractor list(s), expenditure/revenue reports, quotes, invoices, and cost estimates. 7. Attending meetings as needed or upon request by the City. B. Production Services — Contractor shall be responsible for delivering quality production services that upholds the branding of the Event and/or City, such as the following: 1. Developing, creating, and coordinating graphic design and collateral material. 2. Integrating marketing campaign to ensure proper exposure of the event. 3. Leading the production team and coordinating on-site installation and tear-down of event elements and decor. 4. Supervising event production operations in both back-of-house and front-of-house. 5. Providing logistical support to the City. 6. Recruiting, facilitating, and coordinating all food and beverage service operations and vendors. 7. Talent or Entertainment acquisition, which includes booking and negotiating contracts, managing talent needs, and scheduling appearances. 8. Hiring technical and equipment vendors. 9. Troubleshooting and addressing technical challenges with various types of equipment and decor such as special effects lighting, sound, tenting, and staging. City of Santa Ana RFP No. 24-102 Page 16 of 31 w-. CITY OF SANTA ANA 10. Providing technical expertise on topics such as visual effects, lighting, sound, set design, rentals, and staging. 11. Managing the procurement, installation, and removal of utilities (e.g., generators and lighting), if necessary. 12. Providing contract administration services for all vendors, contractors, and subconsultants engaged for Events. 13. Identifying and/or soliciting sponsors if requested by the City. 14. Training, coordinating, and managing event staff and volunteers. 15. Adhering to the production budget and schedule and/or program timelines. 16. Complying with all regulations and requirements such as the City's special event permit process and Health permits. C. Event Support Services — Contractor shall be responsible for providing event staff before, during, and after Event for event support services, which may include, but are not limited to the following: event registration, set-up and tear-down, logistical support, and general support to vendors, participants, entertainment, and City staff. II. Task 2 — Consulting Services Contractor shall provide consulting services on an as-needed, per-project basis to support specific components of an Event to enhance the overall experience in one or more of the following key areas as described below: A. Graphic Design - Provide consulting services that includes but is not limited to the development and creation of graphic design and layout of logos and collateral material that will complement the event themes and concepts. B. D6cor and Design - Provide consulting services on how to transform the site through environmental design, which includes but is not limited to visual displays and exhibits, banners, flags, floral and other creative d6cor to enhance theme(s). C. Production - Provide recommendations and implementation plans in the following areas: logistics, staging, site preparation, public safety and emergency services, equipment needs, utility services, securing entertainment and activities, parking services, and vendor, staffing and volunteer coordination. D. Technical-Provide consulting services to assistant with identifying and resolving any technical needs including but not limited to the following: set-up of lighting and stage area, sound systems, PA systems, video recording services and/or photography services. City of Santa Ana RFP No.24-102 Page 17 of 31 EXHIBIT B CONSULTANT'S PROPOSAL 6608 Gretna Avenue 1 Whittier,CA 90606 1 323.887.4837 1 aras-inc,com January 9, 2025 Monique Leon Recreation and Community Services Supervisor City of Santa Ana—Parks, Recreation, and Community Services 20 Civic Center Plaza Santa Ana, CA 92701 RE: Request For Proposal(RFP No.24-102)ENTERTAINMENT PROMOTER Thank you for the opportunity to respond to the Request for Proposal (RFP No. 24-102) Entertainment Promoter for the City of Santa Ana. This proposal details our agency's capabilities in event management, full-scale production of live events with the capacity to procure event vendors and acquire talent ranging from local groups and performers to large-scale event entertainment. Artists range from a variety of genres to include but not limited to Mexican regional music, Banda, Nortena Mariachi, Pop, Rock en Espanol,Jazz, R&B. We partner and collaborate with corporations, nonprofit organizations, and public sector agencies to provide event planning, management, and production services in both private venues and public space areas to produce quality events. Our goal is to establish a long-term relationship with the City of Santa Ana by providing quality event management and production services. ARAS Enterprises, Inc. is an S Corporation with three partners and are a certified SBE and MBE agency. All correspondence during the evaluation and selection process of the proposal should go through Gabriela Barbarena, Founder& CEO, to the following contact information. g.qbiL@.gras-inc.com Office: 323.887.4837 ext. 2 Cell: 323.485.0608 1 am authorized to bind ARAS Enterprises,Inc.to the terms of the proposal and all information submitted herein is true and correct. This proposal shall remain valid for a period of not less than one hundred and eighty (180) days from the date of the proposal submittal. Thank you for considering ARAS Enterprises, Inc. as the partner to provide Entertainment Promoter services for the City of Santa Ana. Sincerely, Gabriela Barb r a CEO, ARAS Enterprises, Inc. llPage - RFP - 24 - 102 Entertainment Promoter Proposal ARAS Entertainment Promoter for the City of Santa Ana Table of Content CoverLetter...................................................................................................................................................Pagel Tableof Content...........................................................................................................................................Page 2 Task 1. Event Management& Production Services.................................................................................Page 3 A. Event Management...................................................................................................................Page 3 B. Production Services...................................................................................................................Page 3 • Agency Core Competencies.....................................................................................Page 3-4 C. Event Support Services.............................................................................................................Page 4 Task 2. Consulting Services.........................................................................................................................Page 5 Firmand Team Experience.................................................................................................................... Page 6-7 • Select Portfolio............................................................................................................Page 7 TeamResumes....................................................................................................................................... Page 8-12 Scopeof Services.......................................................................................................................................Page 13 ProposedWork Plan............................................................................................................................Page 13-15 Deliverables, Implementation Plan and Timeline...........................................................................Page 16-17 CostProposal.......................................................................................................................................Page 18-20 ATTACHMENTS Attachment: Subcontractor Statement/Thunder Studios Attachment A: Proposer's Certification and Proposal Item Pricing Attachment B: References Attachment C: Proposer's Statement Attachment D: Non-Collusion Affidavit Attachment E: Non-Lobbying Certification Attachment F: Non-Discrimination Certification 21Page - RFP - 24 - 102 Entertainment Promoter Proposal ARAS Task 1. EVENT MANAGEMENT AND PRODUCTION SERVICES A. Event Management ARAS has managed and produced successful events in Los Angeles, Pasadena, Inglewood, Whittier, and Long Beach that range from intimate VIP receptions for one hundred guests, cultural music festivals of more than 15,000 attendees, concerts in the park,to community at-large events with over 35,000 attendees. Our Event Management and Production Division has grown organically due to various event concepts such as Cinco de Mayo at the Rose Bowl in Pasadena, Dia de los Muertos Cultural Festival in Inglewood, Memorial Day Observance at Rose Hills Park Cemetery in Whittier, Angel Awards Gala for the Catholic Association of Latino Leaders (LA Archdiocese), Green Port Fair, Grand Parade Dia de los Muertos and Arte y Ofrendas Festival in Long Beach. ARAS has the experience and capability to provide event conceptualization, branding, and management services to produce live events.A Project Manager is assigned to be the key liaison for the project, establishing and maintaining transparent communications with the City of Santa Ana, contractors, community, vendors, and entertainment. B. Production Services The ARAS team has experience in producing a wide range of events to include corporate galas, concerts in the park, golf tournaments, community at-large events and festivals with broad access to a wide range of music genres due to established relationships with entertainment agencies, music promoters, concert promoters, production studios, and media channels. ARAS has a unique advantage due to its long-term relationships to bring world-class talent entertainment with R& B, Jazz,Tropical, Mariachi, Nortena, Banda, Ranchera, Rock en Espanol, to Grammy Award winners and local groups and performers. From graphic design, marketing, promotion, event vendors, entertainment acquisition,the production team is flexible and aware to identify potential issues to mitigate during the pre- production process. An on-site production team manages load-in, set-up and tear down, providing logistical support throughout the event. CORE COMPETENCIES Event Management Experienced Project Manager to oversee and maintain open communications, function as the liaison with entertainment, vendors, while managing an approved budget aligned with a production timeline to lead to the execution of the event production. Production Pre-production starts with public safety as the groundwork required to proceed with the site preparation.Thorough planning brings the theme's visual conceptualization, sound, lighting, signage, experiential experience, program, and the right entertainment for an enjoyable event. Production Team Experienced staff that pivots as needed to mitigate issues, troubleshoot on the spot, and continue to move forward for a successful event.The project manager and the team lead have 31Page - RFP - 24 - 102 Entertainment Promoter Proposal ARAS experience in training event volunteer staff to be integral team members or be hosts and brand ambassadors, as needed.The on- site team leads event set up, liaison with vendors, provide logistic and staff support to the city, and manages tear down. Talent Acquisition Exceptional access to a broad spectrum of entertainment, groups, and performers with a wide range of music genres. Community Outreach Engage the city, government agencies, key community stakeholders, community-based organizations, and non-profit organizations to foster relations, collaborations, and partnerships. Production Schedule We use technology to create efficiencies, such as Teams or Monday platforms to develop production schedules to include reports, layouts, subcontractors, cost estimates, quotes, revenue, and expenses and provide access to the City of Santa Ana. Vendor Procurement Local vendor outreach is done in collaboration with the City of Santa Ana for guidance, preferred vendors and will join the local Chamber of Commerce to create relationships and build partnerships to be part of the production. We access to vetted production vendors ranging from technical teams,stage, utility equipment rentals,tents, food, beverage, security,visual artists, photographers,videographers, and artisan vendors, all of whom are available as needed. Photography& Videography Our quality photography services capture overall activities, programs, attendees, and entertainment with a 24-hour turnaround service and offer 360-degree photobooth, magazine cover photo booth experiences for attendees.Videography offers drone footage, edited short videos for social media and website. Graphic Design& Branding Creative team that understands the target audience as the key to creating visuals that capture attention with a call to action and ability to brand the project. Marketing Campaign Capability to create and lead strategic marketing campaigns with essential tactics to promote and position the events in the market. Printing ARAS owns AMG Printing which aligns with the agency's projects in need of marketing collateral materials, promotional items, and event signage. In-house print production is responsive with quality control and manages last-minute production needs on- time and on-budget. Media Relations Strong relationships with media outlets for more than 15 years. C. Event Support Services On-site production team has experience in guest registration, load-in management, set-up, and tear down. A logistic vendor schedule is created and serves as a checklist for the team to ensure all items are on-site, provide logistical support and staff support, as needed for entertainment, City staff, program participants and vendors. 41Page - RFP - 24 - 102 Entertainment Promoter Proposal AZAS Task 2. CONSULTING SERVICES At ARAS, we have a full suite of services that support the event production projects, on an as-needed basis,to include: A. Graphic Design—develop and create design concepts that include logo, collateral materials that are complimentary to the event theme and conceptualization and offer print production to align with the design services to streamline with quality products that are on budget and on time. B. Decor and Design—experience in consulting to transform an event site with displays, visual artists, exhibits, Props,to include water features, Wow factor, creative florals, plants, and other environmental elements. C. Production—experience with event layout, implementation and logistic plans for load-ins, staging, site preparation, safe access and exits, emergency services, security plans, required equipment such as generators, metal detectors,tents, and VIP cabanas. We understand utility needs, such as electrical, water access, edible food recovery coordination and waste management plan. D.Technical—consulting services in identifying and providing solutions on technical issues. Experience in lighting, staging, sound systems, stage visual backdrops, and PA systems. Photography, videography and recording services are available to support event production on an as-needed basis. E. Photography&Videography—photography to capture the essence of the event and have 360- degree photobooths, magazine cover booth, and digital photos for attendee experience for selfies to share through social media. Video interviews, drone footage, short videos, as needed. F. Printing—capacity to print marketing collateral materials, manage last-minute changes, signage print and placement, promotional items, as needed. 51Page - RFP - 24 - 102 Entertainment Promoter Proposal A FIRM and TEAM EXPERIENCE ARAS Enterprises, Inc. (ARAS) is a woman-owned, Small Business Enterprise that started in 2006 as an S Corporation providing multicultural marketing and advertising services. Our core values are defined by purpose, integrity, quality, and our emphasis on building long-term relationships. In 2011, ARAS launched the event management and production division, providing creative conceptualization, event management coupled with marketing and promotion services.The production services division now comprises more than 90% of the agency services. We believe in collaborating with local vendors as part of our work in the community. We start our outreach to local businesses to introduce our agency and foster relationships by joining the local chambers, contact community-based organizations and key community stakeholders. We have a robust database of vetted vendors from our years in production and will bring to the project, as needed for optimal event outcomes. We procure decor, props,food, beverage, security, audio/visual crew, stage, utility equipment rentals, lighting, VIP cabanas, tents, etc., and entertainment for a memorable experience. For 13 years, our agency has provided successful event management and production with an experienced team. We assign a project manager to be the main contact for each project and provide oversight of an internal team to support the project needs. We develop creative visuals for digital and press ready collateral materials and have the capacity to print marketing collateral materials. We have expertise in integrated marketing campaigns, promotions and offer art direction for creative elements to enhance an event production. We are a resolute team with more than 100 years of collective experience providing art direction, decor, production, and are flexible in managing the process within approved budgets. Experienced in all aspects of event management and production to include event load-in, set up, vendor schedules, logistical support to ensure schedule is aligned and the program participants/speakers are ready for the day of the event. Our process includes a production logistic schedule that contains key information such as venue directions, parking instructions, and day-of-event program. A Run of Show is created with the production's vendor schedules, suppliers, equipment load-in, set-up and tear down coordination.The Program Run of Show contains the entertainment schedule for the back of the house tech crew and the stage manager to "call" a show and manage the program that stays within the production schedule and program timeline. ARAS has full-scale production capacity with experience in procuring event vendors to support production needs and to acquire talent from local groups and performers to large-scale event entertainment. We access a broad range of music genre artists due to our long-term relationships with music and concert promoters, and studio partners to bring world-class talent entertainment that includes Mariachi, Nortena, Banda, Ranchera, Rock en Espanol, to Grammy Award winners. An example is the relationship with the IA RAMS has resulted in featuring Mariachi RAMS in our productions. A team of ten employees is ARAS' base with a diverse skill set including graphic design, marketing, copywriting, media relations, community outreach, administrative, production and event management experience. For the City of Santa Ana project, we anticipate a total of five team �� 6 1 P a g e - R F P - 2 4 - 1 0 2 E n t e r t a i n o ARM p ment Prom ter Proposal C members to be assigned to the project. In addition, ARAS has a database of temporary staff that are hired for the day-of-the-event production and can range in size based on the event's needs. ARAS office is located at: 6608 Gretna Avenue Whittier, CA 90606 Gabriela Barbarena will be the Project Manager for the City of Santa Ana contract and will be the primary contact. SELECT PORTFOLIO Cinco de Mayo at the Rose Bowl Commemorated the Rose Bowl Stadium's Centennial celebration in 2022. 5K Walk/Run, live entertainment,youth Pasadena soccer championships, special behind the scenes VIP tours, and marketplace. Produced event with live entertainment, program, VIP reception, and media relations.The event garnered media coverage from ABC7, NBC,Telemundo, Pasadena Now, and Univision. The event attendance was over 15,000, Green Port Fair Highlighted the Port's environmental initiatives, and goal to become the world's first zero emissions port. Zero emission Long Beach equipment displays, harbor tours, live music, food court, beer and wine garden, and children's train rides. A photography wall with the Port's history, program featured the port's initiatives and career opportunities to include interactive booths staffed by the Port. Produced live event with entertainment, activities, and the program.The event drew local media coverage and an attendance of over 6,500. 3rd Annual Grand Parade Dia de Celebration of Dia de los Muertos in the City of Long Beach los Muertos& conceptualized by the agency.The celebration started with a Arte y Ofrendas Festival parade production in the morning that was livestreamed by ABC7 digital channels to include Fire TV, Roku, Apple TV, and Long Beach Google TV and continued with the festival that ended at 10pm.The festival had local groups and performers, featured El Dasa as part of the entertainment line-up, VIP area, children's area, mercado,food court, and tequila tasting area. The parade had over 9,500 spectators and was a special broadcast the next day on Estrella TV.The 2-day festival had over 15,000 attendees. Memorial Day Observance ARAS has produced the annual event at the largest cemetery Whittier in the US for the past 8 years. Partner with local museum, armed forces for formal military honors, military vehicle display, remembrance tree, media relations, live performance, elected officials participate in the program. Receives media coverage and attended by over 1,500. 71Page - RFP - 24 - 102 Entertainment Promoter Proposal ARAS Gabi Barbarena—Founder&CEO,ARAS Enterprises, Inc.—Project Manager Ms. Barbarena has more than 35 years of executive leadership experience and is at the helm of ARAS, a multicultural marketing and event production services agency founded in 2006. ARAS delivers innovative, forward-thinking solutions for Southern California's multilingual and multicultural market. Ms. Barbarena has executed strategic plans, produced large-scale events, conferences,full-scale advertising campaigns and broadcast event productions. Industry experience includes Education, Health, Affordable Housing, and Food. Producer of cultural events, city parades, festivals, community at-large events concerts in the park. Ms. Barbarena leads the creative project ideation and develops branding of signature event strategy such as Grand Parade Dia de Los Muertos, Arte y Ofrendas Cultural Festival in the City of Long Beach, Dia de los Muertos Cultural Festival in Inglewood, Cinco de Mayo at the Rose Bowl in Pasadena and Memorial Day Remembrance in Whittier. Leadership & Professional, Community Engagement • Board Secretary, National Breast Cancer Foundation • Board Member, Adventist Health White Memorial Governing Board • Past Board Chair, White Memorial Charitable Foundation • Member, Hispanic Public Relations Association As a co-founder of a non-profit 501(c)3 organization, Friends of the Levitt Pavilion-MacArthur Park, Ms. Barbarena led a private/public partnership with the City of Los Angeles and the Mortimer& Mimi Levitt Foundation to gain approval to renovate an abandoned band shell and create an annual summer concert series.The project was acknowledged by numerous entities to include the City of Los Angeles, Los Angeles Police Chief Bill Braton, featured on ABC7, and recognized by the Consul de Mexico in Los Angeles and La Opinion. As the Board Chair, Ms. Barbarena led the brand development and branding of the organization and oversaw the production of 130 concerts in the park. The organization conducted outreach services, and the community partnership grew to over 25 local businesses that thrived during the season as the concerts drew 800—3,00D people per concert. Education • Master of Science, Business Administration, University of La Verne • Bachelor of Science, Organizational Behavior, University of San Francisco • Entrepreneurial Leadership Program, University of Southern California Awards& Recognition • Featured in the Entrepreneurial Women Series - Consulate General of Mexico in Los Angeles • Latinas in Business Award - National Latina Business Women Association (NLBWA) • City of Los Angeles Acknowledgement by Mayor Antonio Villaraigosa • Special Recognition - Los Angeles Police Chief Bill Bratton, MacArthur Park Concert Series • Featured on ABC7 Eye on LA and Vista LA as a business and community leader. • Woman of the Year Award -Adventist Health White Memorial 81Page - RFP - 24 - 102 Entertainment Promoter Proposal AZAS Crystal Torres-Chief Operations Officer/ Marketing& Production Executive rq Over 18 years of executive leadership experience with outstanding success in leading marketing strategies and development of sponsorship opportunities for projects. Ms. Torres provides oversight of projects and campaigns leading the formation of strategic alliances with nonprofit organizations and community stakeholders. Ms.Torres oversees corporate Gala Fundraisers, Golf Tournaments, and at-large community events to connect brands with the target audience. Ms. Torres leads the event management division and oversees VIP receptions and Galas to create alliances for fundraising opportunities. Lead executive for the creation of the Cinco de Mayo at the Rose Bowl, in Pasadena as part of the Rose Bowl Stadium Centennial celebration. One of the cornerstones of the event was to identify sponsors and create alliances for the project coupled with a community outreach strategy to foster relationships to garner support and partnerships for the project.The event garnered more than 15,000 attendees, held a VIP reception for city officials, sponsors and VIP guests and received local and national media coverage. Professional Engagement • Board Member—Tri-City ROP Foundation • Member—Los Angeles Latino Chamber of Commerce • Member—Hispanic Public Relations Association Education • Master of Science, Leadership and Management, University of La Verne • Master of Science, Business Administration/emphasis in Marketing University of La Verne • Bachelor of Science, Organizational Management, University of La Verne • Graduate-Stanford Latino Entrepreneur Initiative Fellows Program Stanford University Brand Experience • Rose Bowl Stadium • Port of Long Beach • Pasadena Tournament of Roses • Museum of Latin American Art • Rose Hills Memorial Park • Providence -St.Joseph Foundation • California Council on Economic Education • Catholic Association of Latino Leaders • Lucille & Edward Roybal Foundation • Arte y Ofrendas Festival 91Page - RFP - 24 - 102 Entertainment Promoter Proposal c Jazmin Ceballos-Executive Vice President/Production Director Over 17 years of experience in managing and leading projects with logistic and production schedules. Exceptional focus,follow-through, and coordination of schedules and project timelines in various industries to include affordable housing, food, health, and production projects to include festivals and community-at-large events. Ms. Ceballos leads and directs conferences and EXPOS from the planning and pre-conference administrative functions to include budget, project timeline, venue selection, vendor negotiation, and contract execution. Coordinates annual EXPO exhibit areas with conference sponsors and exhibitors. Ms. Ceballos'focus is to produce conferences with the right-mix of curriculum, activities, reception, and networking opportunities that create an exceptional experience for attendees each year with new themes and experiential design, visuals, and entertainment. Ms. Ceballos experience extends to event production managing the logistic schedule of set up, vendor load-in, experiential set ups, trains, and manages the day-of-event staff. Understanding the event concept, Ms. Ceballos strength is a deep understanding of the event outcome as she oversees the planning event layout to double check for easy attendee access, attendee traffic flow to maximize brand exposure for sponsors, ample space for audience, and attendee experience. Lead of the on-site production team for logistic support. Professional Engagement • Member—Los Angeles Latino Chamber of Commerce • Member—Hispanic Public Relations Association Education • Bachelor of Arts in Business Administration, University of La Verne • Construction Management Certificate, University of California, Los Angeles • Graduate -Stanford Latino Entrepreneur Initiative Fellows Program, Stanford University Brand Experience • Rose Bowl Stadium • Museum of Latin American Art • Affordable Housing Management . Port of Long Beach Association- Pacific Southwest • Rose Hills Memorial Park • Providence St.Joseph Foundation • Inglewood Park Cemetery • Arte y Ofrendas Festival 101Page - RFP - 24 - 102 Entertainment Promoter Proposal ARM Catalina Sanchez- Marketing&Event Outreach Coordinator Ms.Sanchez has more than 10 years of experience in managing event marketing and outreach. Ms. Sanchez has led the development and implementation of marketing strategies to increase a brand's footprint and maximize exposure and visibility of events produced and managed by ARAS. Ms. Sanchez is an experienced professional overseeing marketing and outreach to foster relationships with community stakeholders, business community and community-based organizations. She monitors marketing campaigns to link new relationships using social media and digital tactics. Consistently monitoring so the social media team can adjust campaigns to ensure messaging tactics stay on track to reach the desired outcomes. Ms. Sanchez collaborates with the creative team on brand campaigns and ensures design and focused-driven copy are aligned to expand a brand's footprint. On-site team member to coordinate any community participation and provide staff support overseeing social media posting for the day of the event. Education • Bachelor of Arts Degree, Business Administration and Marketing, California State University Dominguez Hills Brand Experience • Rose Bowl Stadium • Pasadena Unified School District • Museum of Latin American Art • Braille Institute • Affordable Housing Management • Inglewood Park Cemetery Association - Pacific Southwest • California Council on Economic • Latino Equality Alliance Education • Rose Hills Memorial Park • Arte y Ofrendas Festival 11lPage - RFP - 24 - 102 Entertainment Promoter Proposal r1 AS Atticus Torres- Print Manager&On-Site Production Team Lead Mr. Torres has five years of graphic design experience. Start ing asa n intern, Mr. Torres started as administrative support for events and marketing projects. As his experience solidified, Mr. Torres gravitated to the creative process and began to work on graphic design to support various projects with marketing collateral materials and continues this path both academically and collaborates directly with senior designers to consistently strengthen his skill set. For the past three years Mr.Torres has been the lead to oversee the print production aspect of marketing collateral materials and signage. Due to his experience in graphic design and a deep understanding of brand development, Mr.Torres' responsibilities expanded to print production management responsible to manage AMG Printing, a wholly owned company of ARAS Enterprises, Inc. As a key member of the team, Mr.Torres manages all aspects of the print production of marketing collateral materials, promotional items, swag bags, and signage collaborating with the print production scheduler and overseeing the process to ensure quality products are produced, and shipping and delivery are on schedule. Event production is often in need of last-minute changes to collateral materials and Mr.Torres is focused on ensuring the items are produced and delivered on time. Mr. Torres is a member of the on-site team and provides coordination of volunteers and logistical support to vendors. Leadership&Community Engagement • Associate Member, Affordable Housing Management Association • City of Pico Rivera Chamber of Commerce • City of Montebello Chamber of Commerce Education • Currently in college pursuing a bachelor's degree in business administration,with a minor in marketing. Brand experience • Rose Bowl Stadium • Pasadena Unified School District • American Cancer Society • Arte y Ofrendas Festival • Affordable Housing Management • Adventist Health White Memorial Association - Pacific Southwest • Latino Equality Alliance • Grand Parade Dia de los Muertos • Inglewood Park Cemetery • Providence Health • Rose Hills Memorial Park 121Page - RFP - 24 - 102 Entertainment Promoter Proposal AZAS SCOPE OF SERVICES STATEMENT ARAS is a creative agency that has a solid team of professionals that take pride in their craft and are resourceful to secure the required vendors, obtain quotes and negotiate contracts. We believe in producing quality live events and do so by having a team that understands production and attendee safety is key to execute and manage a production. For more than 17 years, we have collaborated with various entertainment entities, concert and entertainment promoters and media outlets to acquire entertainment and talent for our event productions. In addition to numerous festivals and community-at-large event productions in Long Beach, Pasadena, Inglewood, and Whittier, we produced 130 park concerts in Los Angeles with each season having a range of music genres to include children's music, R&B, musica Tropical, Banda, Mariachi, Nortena, and Jazz. What distinguishes ARAS is our expertise in marketing and advertising in Southern California.We have long-standing media relationships in Southern California with both mainstream and Spanish language channels to include but not limited to ABC7, Univision,Telemundo, NBC4, Estrella TV, and QBuena Radio. PROPOSED WORK PLAN Approach Our approach to production starts with a set of defined goals in collaboration with the city of Santa Ana's vision for each event, incorporate conceptual plans for the event followed by intentional execution that elevates an event into an experience. The goals and vision include: 1. Clear event objectives 2. Desired event outcomes 3. Team members needed for event production. We begin with pre-production work, to include recommendations for security, public safety, and emergency services and collaborate with police,fire, and private security teams needed for the event.This is the groundwork required to proceed with the site preparation to include parking access for vendors, entertainment, and general attendance. We believe in working with local businesses and incorporate this philosophy by joining local chambers, outreach to local businesses, non-profit organizations, and community-based organizations to establish relationships and partnerships to source local vendors to the extent possible. We have a robust database of vetted vendors with the required production expertise that we incorporate with the local vendors for successful outcomes. We develop and manage the event timeline and maintain communications with the City of Santa Ana on the progress, secure entertainment, vendors, and suppliers based on the event needs. We provide an on-site production team, logistic support staff and conduct volunteer training, and city staff training, as needed.131Page - RFP - 24 - 102 Entertainment Promoter Proposal Ap��r In collaboration with the city, we establish a calendar for the project meetings to create consistency in the progress of the work. Additional meetings may be scheduled as the event nears.The Project Manager and one additional ARAS team member are scheduled to attend the meetings. We are transparent with communications and require two team members to attend meetings to ensure communication flow is solid and always have a back up to support the event. The base of our work begins with conceptualization, event timeline, budget, event goals, emergency plan, target audience, venue walkthrough, and procure event vendors (food, beverage, audio/visual, and equipment rentals for quotes and price negotiation), program participants, and entertainment needed. This includes fencing rentals,trash management, sanitation, and generators as needed for the event. We provide creative direction, ideas and recommendations for event layouts, designs, and present technical and/or creative ideas to enhance and/or refresh for a better experience. Decor is important to bring the design to life and recommendations to transform a space or create a wow factor for attendees.This may include visual displays, props, visual artists, signage,florals, and lighting. Manage project aspects to include production team, volunteers,theme, and decor. We oversee coordination of the program, entertainment line-up, and work to mitigate problems throughout the process and before the event, as much as feasible. We prepare and share the production logistic schedule with the city. We use technology to improve efficiency and use the platform to upload key information such as production schedule, update suppliers, audio/video, and entertainment as they are secured, and manage the budget with expenses as the project progresses is also kept on the platform. Our team has graphic designers who create visual designs to bring life to a concept for digital marketing and printed marketing collateral materials. Developing an integrated marketing and community outreach campaign is key to effectively balance the initial lift of awareness as a short-term goal, and consistently build the reach with the target audience as the long-term goal, via the right mix of media platforms to generate action from the target audience. Strategic tactics are used to market and promote an event that include traditional media and social media to build virtual communities to promote the city of Santa Ana's events.The marketing campaign goal is to strengthen the city's presence through engaging content and visuals with a call to action. Developing a community outreach program is a tactic of our approach in marketing and promotion. Engaging key community stakeholders, local businesses, non-profit organizations, community-based organizations, and local performers to foster relationships, create strategic community partnerships that will provide visibility for the events. We have a checklist to manage and lead the team for decor, props, stage plot, equipment and technical support for each event as required by the entertainment and secures the necessary vendors. We collaborate with the city for program participation and manage the logistic planning and 141Page - RFP - 24 - 102 Entertainment Promoter Proposal /- RA execution of the live production and secure the audio/visual crew, coordinate lighting to best stage program and test audio equipment placement for best amplified sound experience. A Run-of-Show is used by the Project Manager and production team as a guide to supervise the load- in of stage, audio/video equipment, generators, and set up as well as all aspects of the production needs to ensure timeliness of set-up for any required city inspections.The Program Run of Show includes the program and entertainment schedule for the back of the house tech crew and the stage manager to"call" a show and manage the program that stays within the production schedule and program timeline. We schedule the vendor event load-in,which may happen the day before the event. We also schedule the entire day including, but not limited to, any additional load-ins, set-ups, sound checks, and tear down. We work with the city staff to be sure that the stage, lighting, and set-up layout are set to the approved design. As producers, we have established partnerships with various entertainment entities,to include Thunder Studios, Estrella Media, Radio QBuena, and promoters that represent a wide range of music genres. In addition, our agency has established relationships with local Southern California performers and music groups that have participated in previously produced events.This structure allows ARAS a broader reach from local artists to large-scale event entertainment.An example of access to various artists includes but not limited to Los Cadetes de Linares, Lucero, El Dasa, Gustavo Rivera, and Chiquis. We manage the procurement and negotiation of contracts for each event to include entertainment, suppliers, vendors, contractors, etc., that are engaged for the project. We collaborate with local vendors and suppliers as a preference and have a database of food, beverage service, utilities equipment, rentals, and artisan vendors that can be used, as needed for optimal outcomes. We manage the vendors from availability to permits and participation. Our goal is to mitigate issues within the planning process. Each venue is unique and therefore we always do a walkthrough to review venue electrical layout,facilities, hours of operation, water access, and work with the city for any permitting that is required. Our experience includes consulting on production recommendations ranging from media partnerships to stage backdrops, special lighting, sound, set design and staging, event props and rentals. We have an executive team member that has existing relationships and manages the sponsorships with corporations, foundations, and brands, if needed,for the event. Our team has experience in working with the cities of Los Angeles, Pasadena, Whittier, Inglewood, and Long Beach.We understand each city has permit requirements for the use of public space or venue and ensure we meet the requirements for security, site cleanliness, adherence to any code established such as stage height, sound/noise code, filming/drone use, food and beverage licensing and waste management. A team member is assigned to be the liaison with the city to manage the permits that are required and provide the updates to the Project Manager. 15lPage - RFP - 24 - 102 Entertainment Promoter Proposal ARAS DELIVERABLES, IMPLEMENTATION PLAN AND TIMELINE Our approach is to breakdown the project deliverables and implementation into a three-month (12- week) block.This has proven to be effective to keep the aspects of the project relevant, align with the next steps and can "check off" as completed. Below is a sample of the items for each 3-month block. We are flexible in the timeline as outlined to a shorter schedule based on each event's requirements and the scale of the event. 9 to 12 months before the event date Obtain measurable objectives to guide each part of the planning process from safety, budget approval, marketing, entertainment, to the marketing campaign. Understanding the event's outcome ensures our team works toward the same goal. Establish Budget allocation by prioritizing key aspects of the event. Begin the process of prioritizing the main elements such as entertainment, technical group, stage, venue, promotion, and marketing are part of the essential expenditures. A review of database and preferred city vendors to obtain quotes for services and cost estimates to begin selecting vendors. Allocate an amount of the budget for flexibility for unexpected production needs. Define the target audience and ascertain that the event concept resonates with the audience. Begin to tailor marketing content to the audience interests and what media is used by the target audience to lay the foundation for the event. Secure venue and date for the event's scale, concept, and outcome.A venue is key to match the scale of the production, a preliminary coordination plan is created that can be adjusted as the event date approaches. 6 to 9 months before the event date Develop marketing campaign visuals for city approval. Recommend marketing tactics and strategy for implementation and create a schedule of the marketing campaign to include community outreach which would start at this time. Create a promotional campaign for large-scale entertainment with media posts, media relations and other strategic tactics. Confirm vendors and suppliers with contracts for Entertainment,AV, stage, equipment rentals. Confirm vendor expectations, deliverables, and timeline of the event to coordinate a point of contact for the project. 3 to 6 months before the event Launch marketing campaign across the tactics and channels approved by the City of Santa Ana. Community outreach campaign follow up for partnerships (posting event signage on store fronts, flyers on counters, etc.). Marketing schedules include regular updates by highlighting distinct aspects of the event on key dates. Maintain contact with the city on permitting and compliance with city event permit requirements. 161Page - RFP - 24 - 102 Entertainment Promoter Proposal ARAS Develop event agenda and program schedule draft based on information the City of Santa Ana provides. Organize the program schedule based on the number of program speakers. An initial time is created for speakers, entertainment, and event activities. The goal is to have a balanced program that provides a time for speakers, participants, and entertainment making sure the event has a good flow that engages the audience. 1 to 3 months before the event Schedule a venue walkthrough with vendors to include tech groups to identify and resolve potential issues with electrical or water needs. Collaborate with the city to ensure all required permits are completed and approved. Prepare for any inspections required before the event, such as generators and day-of event food inspections. Finalize decor order, confirm AV needs with entertainment stage plot, event layout is approved by the city. Confirm set up time with the venue to align the event production schedule and logistic information. Marketing campaign is active sharing event details and reminders, providing directions, event program schedule, and encouraging social media engagement to boost participation and attendance. Team training of volunteers and/or city staff is scheduled to review the production schedule, roles and responsibilities are reviewed and outlined with specific tasks such as assisting attendees or welcoming VIP guests. Our team' role and responsibilities include vendor load-in, coordinating logistic set up, troubleshooting, and providing support staff for a smooth day-of-event production. 171Page - RFP - 24 - 102 Entertainment Promoter Proposal /-YV-1.7 COST PROPOSAL ARAS Enterprises, Inc.—Hourly Rates Billing is submitted monthly. Rate Sheet Z025402W' Hourly Rate Principal/Project Manager $276.00 Marketing & Production Executive $238.00 Production Director $220.00 Marketing& Event Outreach Coordinator $173.00 On-site Production Team Lead $145.00 Day of Event Staff $85.00 ARAS Consulting Service Fees Labor Category Hourly Rate Graphic Design $100.00 Decor& Design $120.00 Technical & Production Consultation $150.00 Photographer $230.00 Videographer—includes filming and editing* Media Relations $155.00 Printing- quote provided for each project Photography experiences Regular Photobooth 4 hours $650 ($150 every additional hour) 360 Photobooth 4 hours $1300 ($250 every additional hour) Magazine Cover Booth 4 hours $1300 ($250 every additional hour) *Videography 4 hours $1,500 8 hours $2,500 18lPage - RFP - 24 - 102 Entertainment Promoter Proposat ARAS Professional vendor service rates are negotiable based on the number of events per year. Services Rate Mobile or Temporary Build Main Stage Audio Up to$205,000 Technicians, Audio Equipment, Stagehands, Main Stage Lighting Security/Site Patrol/Metal Detectors, Up to $195,000 Emergency Medics Barricades and/or Fencing Up to$65,000 Decor, Displays, Props, Exhibits Up to$40,000 Event Rentals and Furnishing Up to$115,000 Utility Equipment—Generators, lights,tech Up to$20,000 team Social Media Influencers Up to$15,000 Food & Beverage Rentals—portable sinks, bars, Up to$20,000 food tents Ground Transportation—golf carts Up to$20,000 Sanitation services—VIP, regular, ADA Up to$75,000 accessible restrooms Waste Services $50,000 191Page - RFP - 24 - 102 Entertainment Promoter Proposal ARM Sample of current Entertainment Price Range --Artist/Entertainment Cost Range Emilio Ortega - Nortena music Up to$2,000 Vintage Rock- Rock en espanol Up to$2,000 Grupo Patron Nortena Up to$2,000 Lety Lopez—Mariachi y Rancheras Up to$2,000 Banda—Los del Barranco Up to$2,000 Vilma Diaz y La Sonora—Tropical Up to$6,500 Mariachi Divas Up to$6,500 Gustavo Rivera - Nortena music Up to$12,500 El Dasa- Nortena music Up to$12,500 Las Reinas de Los Angeles—Mariachis Up to$25,000 La Sonora Dinamita—Tropical Up to$32,000 Mariachi Sol de Mexico Up to$35,000 Chiquis Rivera— Banda Up to$55,000 Lucero—Pop to Mariachi genre Up to$80,000 Los Alegres del Barranco—Banda Up to$80,000 Los Cadetes de Linares Up to$100,000 Los Tigres Del Norte- Banda Nortena Up to$200,000 201Page - RFP- 24 - 102 Entertainment Promoter Proposal ARAS Request for Proposal NO. 24-102 for Entertainment Promoter Subcontractor- Thunder Studios Inc. 20434 S. Santa Fe Avenue Long Beach, CA 90810 1 Thunder Studios Inc. Thunder Studios Inc- (TS) is a mufti-media production company based in Long Beach since 2007. We operate twenty sound stages, three mobile production units, a large inventory of grip; electrical and lighting equipment and we are leaders in XR and Virtual Productions. HRS manages the production of live events such as concerts, sporting, and corporate events. HRS also specializes in national television commercial campaigns and our clients include Verizon, Target, AT&T, and others Thunder Studios with its diverse staff has been producing content for companies in Mexico and US Hispanic such as Univision. For the last 14 years, we have been producing The Rose Parade for Univision Network and have won 3 Emmy awards. We specialize in diverse and multicultural media productions across California and the USA- Our list of clients includes NBC Universal, Telemundo, UFC Fight Pass, Univision, Progressive, Azteca America. City of Long Beach, Verizon, AT&T, Target. Porsche, and many others. Contractual Services 1. Access to a wide range of artists, with capability of accessing Mexican regional music to include Nortena, Banda, Mariachi, Tropical, Rock en Espanol. 2. Provide insurance for artists, 3. Coordinates with performers' special requests, to include media, and promotion. 4. Coordinates travel, lodging, etc. as needed. Subcon�t or a d will agree to abide by the awarded Contractor's obligations as state in E • 11, sampl reement. R laA Nic P esid General Man, f Th nder Studios 2043 S. Santa Fe Ave. Long Be h Ca. 90810 CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING 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 (Exhibit 1) and am qualified to provide services being requested as specified herein. 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. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. ARAS Enterprises, Inc. 323-887-4837 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 6608 Gretna Avenue, Whittier, CA 90606 BUSINESS ADDRESS Gabriela Barbarena CEO PRINTED NAME OF AUTHORIZED AGENT TITLE r abi aras-inc.com SIGNATUREbF.A THORIZED AGENT DATE E-MAIL ADDRESS 20-5427211 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. f City of Santa Ana RFP No.24-102 Page 25 of 31 CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Rose Hills Memorial Park Contact Individual: Antoinette Banares, Dir. of Business Developmei Address: 3888 Workman Mill Road Phone Number: 562-205-4656 Whittier, CA 90601 EMAIL: antoinette.lou@rosehills.com Contract Amount: $20,000.00/year Year: 2016-2024 Description of supplies, equipment, or services provided.- Memorial Day Observance (see attached) REFERENCE Customer Name:Grand Parade Dia De Los MuertosContact Individual: Erick Verduzco, Partner Address: 2403 Marshallfield Lane, Suite A Phone Number: 945-439-7287 Redondo Beach, CA EMAIL: erick@cceconsultinggroup.com Contract Amount: $60,000.00/year Year: 2022-2024 Description of supplies, equipment, or services provided: Grand Parade and Festival(see attached) REFERENCE Customer Name: Rose Bowl Contact Individual: Julie Benavidez, Sr. Director of Engagement Address: 1001 Rose Bowl Drive Phone Number: 626-577-3206 Pasadena, CA 91103 EMAIL: Jenavidez@rosebowlstadium.com Contract Amount: $22,000.00 Year: 2022 Description of supplies, equipment, or services provided: Cinco de Mayo (see attached) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP No.24-102 Page 26 of 31 REFERENCES—ARAS Enterprises, Inc. Antoinette Banares, Director of Business Development Rose Hills Memorial Park Description of services: Memorial Day Observance Since 2016, ARAS has produced the annual event providing services include program development,securing a keynote speaker, media relations, military bands,school choirs, Honor Guard, local veteran groups, military vehicles, and service vendors (audio, rentals,)to support event which includes a vintage plane fly-over during a key timeframe in the program. Erick Verduzco, Partner Grand Parade Dia de los Muertos, Inc. Description of services: Grand Parade Dia de los Muertos &Arte y Ofrendas Festival ARAS created and launched the Grand Parade Dia de los Muertos and the Arte y Altares Festival In 2023 and continues to produce. Services include city permits, creative layout, decor, partnership with Council District 1, non-profit organizations, and local businesses,corporate sponsors and media relations, Logistic coordination of services vendors to support the event areas to include live entertainment, artisan mercado,food court, children's interactive area, tequila tasting garden, and VIP area. Julie Benavidez, Sr. Director of Staffing and Engagement Rose Bowl Stadium Description of services. Cinco de mayo at the Rose Bowl Stadium Services Included event conceptualized, created partnerships with Consul General of Mexico in LA office, media relations, secured lived entertainments to include Mariachi RAMS,Jazz group, and Gustavo Rivera, artisan mercado,VIP reception,youth soccer championship,5K Run Walk and a bootcamp. Logistic coordination of services vendors to support event, stage, audio/video tech team, stage manager, DJ, rentals and furnishings. CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery(as defined above)of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain;otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm ARAS Enterprises, Inc. Signed and Printed Name: ��-- �' Gabriela Barbarena Title CEO ` Date =-=A�� -� THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP No.24-102 Page 27 of 31 ai CITY OF SANTA ANA ATTACHMENT D NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of d'd „County of/d5 A- " Subscribed and sworn to (or affirmed) before me on this day of z.n gaLV 20 K, by 61t_* i ,(& Ae,:RrezruA , proved to me on the basis of satisfactory evidence fo be the person(s) who appeared before me. z KAREN S.TOTH Notary l •California [[ Los Angeles s County Commission.12370667 — My Comm.Expires Sep 10,2025 tary Public Signature Notary Public Seal �r 7 rJ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP No.24-102 Page 28 of 31 CALIFORNIA JURAT GOVERNMENT CODE g 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California (� County of /,65 P(Gg Subscribed and sworn to(or affirmed) before me on this A. day of �a 7l,U Acl . 20 1?5 , by Date moot Year (1) 9A6 Iel,4-A (WREN S.TOTH Notary Public•California l os Angeles county (and(2) }, Cc In fsslon 42370667 Mr Comm.Expires sea,Q,zeze Name(s)of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. Signature - Place Notary Seal and/or Stamp Above If Signature of Notary Public OPTIONAL - Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ,( 2) Title or Type of Document: G � / S&L/;t- jq7G. /4019 -co t(S14y1 I + `1 Document Date: 01/0 Number of Pages: Signer(s)Other Than Named Above: &2.1 -to— �.:r�:'�.-w?v�.;i-.- "xS':t:.vs�in'�"�'lrys.Eia x?5ttiri��*�..�:iQt�'�r�?S':f��'a:,.,',`r.:t:.`.r.:ti,;��.�i 9len.F�"r�'Y:�,`�'?Cb-+�3:ii`: •. ?•.+ r - 'j�4`' $� +�.....,..4�Sri'k'.5:"w•',F.iliiei :il•.i...-u',>��Usi�':t:' Cc)2019 National Notary Association CITY OF SANTA ANA ATTACHMENT E NON-LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: CEO Firm: ARAS Enterprises, Inc. Date: � !/t,i"s THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. 1 PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP No 24-102 Page 29 of 31 ' CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1, The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law, 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City of Santa Ana RFP No,24102 Page 30 of 31 (9) CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: CEO Firm: ARAS Enterprises, Inc. Date: i�l�'h THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP No.24-102 Page 31 of 31 EXHIBIT C CONSULTANT'S PEE PROPOSAL COST PROPOSAL ARAS Enterprises, Inc.—Hourly Rates Billing is submitted monthly. Rate Sheet 2025-2028 Hourly Rate Principal/Project Manager $776.00 Marketing& Production Executive $238.00 Production Director $220.00 Marketing& Event Outreach Coordinator $173.00 On-site Production Team Lead $145.00 Day of Event Staff $85.00 ARAS Consulting Service Fees Labor Category Hourly Rate Graphic Design $100.00 Decor& Design $120.00 Technical & Production Consultation $150.00 Photographer $230.00 Videographer—includes filming and editing* Media Relations $155.00 Printing-quote provided for each project Photography experiences Regular Photobooth 4 hours $650($150 every additional hour) 360 Photobooth 4 hours$1300 ($250 every additional hour) Magazine Cover Booth 4 hours $1300 ($250 every additional hour) *Videography 4 hours $1,500 8 hours$2,500 7$JPage - RFP - 24 - 102 Entertainment Promoter Proposal ARAS Professional vendor service rates are negotiable based on the number of events per year. ,Services Rate Mobile or Temporary Build Main Stage Audio Up to$205,000 Technicians, Audio Equipment, Stagehands, Main Stage Lighting Security/Site Patrol/Metal Detectors, Up to$195,000 Emergency Medics Barricades and/or Fencing Up to$65,000 Decor, Displays, Props, Exhibits Up to$40,000 Event Rentals and Furnishing Up to$115,000 Utility Equipment—Generators, lights,tech Up to$20,000 team Social Media Influencers Up to$15,000 Food & Beverage Rentals—portable sinks, bars, Up to$20,000 food tents Ground Transportation—golf carts Up to$20,000 Sanitation services—VIP, regular, ADA Up to$75,000 accessible restrooms Waste Services $50,000 191Page - RFP - 24 - 102 Entertainment Promoter Proposal /'1tV`L7 Sample of current Entertainment Price Range Artist/Entertainment Cost Range Emilio Ortega - Nortena music Up to$2,000 Vintage Rock- Rock en espanol Up to$2,000 Grupo Patron Nortena Up to$2,000 Lety Lopez— Mariachi y Rancheras Up to$2,000 Banda—Los del Barranco Up to$2,000 Vilma Diaz y La Sonora—Tropical Up to$6,500 Mariachi Divas Up to$6,500 Gustavo Rivera- Nortena music Up to$12,500 El Dasa- Nortena music Up to$12,500 Las Reinas de Los Angeles—Mariachis Up to$25,000 La Sonora Dinamita—Tropical Up to$32,000 Mariachi Sol de Mexico Up to$35,000 Chiquis Rivera—Banda Up to$55,000 Lucero—Pop to Mariachi genre Up to$80,000 Los Alegres del Barranco—Banda Up to$80,000 Los Cadetes de Linares Up to$100,000 Los Tigres Del Norte- Banda Nortena Up to$200,000 201Page - RFP - 24 - 102 Entertainment Promoter Proposal ARAS aC�® DATE(MM(DDMYY) ��. CERTIFICATE OF LIABILITY INSURANCE 2/17/2025 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 endorse ment(s). PRODUCER CONTACT IIUA,Inc.-Pasadena NAME:PHONE FAX 3475 E.Foothill Boulevard o •626-507-1399 rA1c No1:626-441-3233 Suite 100 Anti ILss; ex ress imacor .cam Pasadena CA 91107 INSURERW AFFORDING COVERAGE NAIC# 0008309 INSURERA:Sentinel Insurance Company,Ltd. 11000 INSURED ARASENT.01 INSURERS:Hartford Accident and Indemnity Company 22357 ARAS Enterprises, Incorporated P. 0.Box 9324 INSURERC; Whittier, CA 90608 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2094717459 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. 1IL R TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIODYIYYYY MMLDDY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 72SBAAP80088C 5/11/2024 5111/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X]OCCUR PREM SES E�a currence $i'mo.000 MED EXP(Any one person) $10,000 _ PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000,000 X RO- POLICY! J JJECT �!LOC PRODUCTS-COMPIOP AGG $2,000.000 OTHER $ AUTOMOBILE LIABILITY C MBINEDSINGLELIMI $ _ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per acckfen!) $ HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLAIJAB OCCUR EACHOCCURRENCE $ EXCESS LIAB !CLAIMS-MADE AGGREGATE $ 1 DED ':RETENTION$ $ B WORKERS COMPENSATION 72WECZR6352 9/1/2024 9/112025 X PERT UTE I Et2R AND EMPLOYERS'LIABILITY YIN ANYPROPRIETORPARTNERJEXECUTIVE E.L.EACH ACCIDENT $1,000,000 CFFICERIMEMBERENCLUDED? El N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Renmrks Schedulo,may be attached Itmore space Is required) The City of Santa Ana,its City Council,officers,officials,employees,agents and volunteers are included as Additional Insured on the General Liability policy,if required by written contract or agreement,subject to the policy terms and conditions. This Insurance is Primary&Non-Contributory on the General Liability Policy,if required by written contract or agreement,subject to the policy terms and coeditors. A Waiver of Subrogation is provided in favor of Certificate Holder and all other parties required by the contract on the General Liability Policy,If required by written contract or agreement,subject to the policy terms and conditions. Digitally signed by Tu Tran Tu Train Date:225 Nguyen APPROVED Dale:20 .0428 Nguyen 07:54,22-07'00' By Tu Train Nguyen at 7:54 am,Apr 28, 2025 CERTIFICATE HOLDER CANCELLATION 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. Parks,Recreation,and Community Services 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana,CA 92701 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD i oa This Spectrum policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any 80 other Forms and Endorsements issued to be a part of the Policy.This insurance is provided by the stock AP insurance company of The Hartfcrd Insurance Group shown below. SBA INSURER: SENTINEL, INSURANCE COMPANY, LIMITED ONE HARTFORD PLAZA, HA'iRTFORD, CT 06155 COMPANY CODE: A THE Polley Number: 72 SSA AP8008 SC H A tuR TF011D SPECTRUM POLICY DECLARATIONS g Named Insured and Mailing Address: ARAS Entexprisee, Incorporated (No,, Slreet, Town,State,Zip Code) PO BOX 9324 WHITTIER CA 90608 Policy Period: From 05/11/24 To 05/11/25 1 YVIA1;. 12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in New Hampshire. Name of AgentlBroker: BOLTON INSURANCE SERVICES LLC Code: 255740 Previous Polley Number: 72 SBA AP8008 Named Insured Is: CORPORATION E Audit Period: NON-A.UDITA13LE Type of Property Coverage: SPECIAL Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy,we agreo with you to provide insurance as stated In this policy. TOTAL ANNUAL PREMIUM IS: $550 MP Countersigned by 02/21/24 Authorized Representative Date Form SS 00 02 12 OB Page 001, (CONT INUED ON NEXT PAGE) Process Date: 02/21/24 Policy Expiration Date: 05/1.1/25 i SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER. 72 SBA AP8000 Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location: 002. Building: ooi 6608 GRETNA AVE WHITTLER CA 90606 Description of Business: Consultant - NOC Deductible: $ Boo PER OCCtJ'PRVxCV BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE BUILDING NO COVERAGE BUSINESS PERSONAL PROPERTY REPLACEMENT COST $ 132,000 PERSONAL PROPERTY OF OTHERS REPLACEMENT COST NO COVERAGE MONEY AND SVCURITIES INSIDE THE PREMISES $ 10,000 OVTSIDE THE PREMISES $ S, 000 Form SS 00 0212 06 Page 002 (CONTYNUED ON NEXT PAGE) Process Dato: 02/21/24, Policy Expiration Date: OS/11/25 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 72 SBA AP8008 L.ocation(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by i Number below. Location: 001 Building: 001 PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE TO THIS LOCATION STRETCH COVERAGES FORM: SS 04 08 THIS FORM INCLUDIS MANY ADDITIONAL COVERAGES ANn 19XT33NgIOXS OF COVERAGES. A SAY OF TEE COVERAGE LIMITS IS ATT,A,C99D. i LIMITED FUNGI, BACTERIA OR VIRUS $ 50,000 COVERAGE: FORM SS 40 93 THIS IS THE MAXIMUM .AMOUNT OF INSURANCE FOR THIS COVERAGE, SUBJECT TO ALL PROPERTY LIMITS FOUND ELSMMERB ON THIS DECLARATION. INCLUDING BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FOR: 30 DAYS I Form SS 00 02 12 06 Page 003 (CONTINUED ON NEXT PAGE) Process Date; 02/21/24 Policy Expiration Date: 05/11/25 SPECTRUM POLICE' DECLARATIONS (Continued) POLICY NUMBER: 72 SBA. A.P8008 PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE TO ALL LOCATIONS BUSINESS INCOME m EXTRA EXPENSE COVERAGE 1.2 MONTHS ACTUAL LOSS SUSTAINED COVERAGE INCLUDSS TH9 FOLLOWING COVERAGE RX'TMNSXONSe ACTION OF CIVIL AUTHORITY: 30 DAYS EXTENDED BUSINESS I1N'COMM- 30 CONSECUTIVE DAYS EQUIPMENT BREAKDOWN COVERAGE COVERAGE FOR DIRECT PHYSICAL LOSS DUE TO: MECHANICAL BREAKDOWN, ARTIFICIALLY GENERATED CURRENT AND STEAM EXPLOSION THXS ADDXTXONAL COVERAGE INCLUDES THE FOLLOWING EXTENSIONS UZARDOUS SUBSTANCES $ 50,000 EXPEDITING EXPENSES $ 50,000 MECHANICAL BREARDOWN COV09AGE ONLY' APPLIES WHEN BUILDING OR 13VOINESS PERSONAL PROPERTY IS SELECTED ON TEN POLICY IDENTITY RECOVERY COVERAGE $ 1.5,000 PORN SS 41 1.2 COMPUTERS AND MEDIA, COVERAGE FORDS SS 04 41. DEDUCTIBLE. $ 1.,000 Fon-n SS 00 02 12 06 Page 004 {CONTINUED ON NVXT PAGE) Process Date:02/21/24 Policy Expiration Gate: O5/11/25 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER, 72 SSA. AP8008 BUSINESS LIABILITY LIMITS OF INSURANCE LIABILITY AND MEDICAL EXPENSES $1,000,000 MEDICAL EXPENSES -ANY ONE PERSON $ 10,000 PERSONAL AND ADVERTISING INJURY $1,o00,000 DAMAGES TO PREMISES RENTED TO YOU $1,000,000 ANY ONE PREMISES AGGREGATE LIMITS PRODUCTS-COMPLETED OPERATIONS $2,000,000 FORM SS a5 09 GENERAL AGGREGATE $2,000,000 Form SS 00021206 Page 005 (CONTINUED ON NEXT PAGE) Process Date: 02/21/24 Policy Expiration Date: 05/11/25 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 72 SRA AP8008 LOSS PAYEE: FORM SS 12 12 SEE FORM 1H 12 00 Form Numbers of Forms and Endorsements that apply: SS 00 01. 03 14 S5 00 05 1.0 08 SS 00 07 0'7 05 SS 00 08 04 05 SS 00 45 12 06 SS 00 60 09 15 SS 00 61 07 19 SS 00 64 09 16 SS 04 01 09 07 SS 01 21 02 20 SS 42 06 03 17 SS 04 08 09 07 SS 04 19 04 09 SS Oak 22 07 05 SS 04 30 07 05 SS 04 39 07 05 55 04 41 03 18 SS 04 42 03 17 SS 04 44 07 05 SS 04 45 07 05 SS 04 46 09 14 SS 04 47 04 09 S5 04 80 03 00 SS 04 86 03 00 55 40 18 07 05 SS 40 9.3 07 05 SS 41 12 06 22 SS 41. 51 1.0 09 SS 41 63 06 11 IN 10 01 09 86 SS 05 09 07 00 SS 05 47 09 15 Say 51 11 03 17 G-4190-0 III 12 05 02 21 SS 12 12 03 92 SS 50 19 01 15 1H 99 40 04 09 IH 99 41 04 09 SS 83 76 01 15 SS 89 93 07 16 TX 12 00 11 85 LOSS PAYEE Form SS OD 02 12 06 page 006 Process Gate; 02/21/24 Policy Expiration Date: 05/11/25 i BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words"you" and "your"' refer to the Named Insured shown in the Declarations. The words "we", "us"and"our" refer to the stock insurance company member of The Hartford providing this insurance. The word"insured"means any person or organization qualifying as such under Section C.-Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. E , A, COVERAGES (a) The "bodily Injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY} r "coverage territory"; Insuring Agreement (b) The "bodily injury" or "property damage" occurs during the policy a. We will pay those sums that the insured period;and becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury", listed under Paragraph 1, of Section "property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim, knew that the"bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or"personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence"or offense and settle any claim of such "bodily injury" or "property or"suit"that may result But: damage" during or after the policy ! (1) The amount we will pay for damages is period will be deemed to have been limited as described In Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To "personal .and advertising injury" Of Insurance; and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or"property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1.of Section explicitly provided for under Coverage C. —Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice b. This insurance applies: of an"occurrence"or claim: (1) To "bodily Injury" and "property (1) Reports all, or any part, of the "bodily damage"only if: injury or property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 0 2005,The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the"bodily fault. These payments will not exceed the injury"or"properly damage";or applicable limit of insurance, We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage' has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of"bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices;and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury", professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit' medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic Is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability (b) You are not engaged in the Coverage for"bodily injury" applies. We business or occupation of providing do not have to furnish these bonds. such services. (3) The cast of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond limits of insurance for incidental medical amounts within the applicable limit of malpractice, any act or omission Insurance. We do not have to furnish together with all related acts or these bonds. omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one .person will be insured at our request to assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of oarnings up to $500 a day because of time off Insuring Agreement up work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the"suit". accident' (6) Prejudgment interest awarded against (1) On premises you own or rent; the'insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance,we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer, provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited In court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of Insurance. the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Pago 2 of 24 Form SS 00 08 0405 I i BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" 5o long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us In the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the Indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of €ndemnitee In a contract or agreement Paragraph 1.b.(b) of Section B. -- that is an"insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bod€ly assumed by the Insured: injury" and"property damage"and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance. the defense of that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same"Insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the ('I) We have used up the applicable Ilmit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments er settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask paragraph(6)above,are no longer met us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1, Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Int6nded Injury i 6 The indemnitee: 7 "Bodily injury" or " ro er�j damage" • ( ) ( ) y JrY" p p g (a) Agrees in writing to: expected or intended from the (i) Cooperate with us in the standpoint of the Insured. This investigation, settlement or exclusiondoes not apply Ito bodily defense of the"suit"; injury or property damage resulting from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising injury' arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the"suit"; acquiescence of the Insured with the (ill) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury" indemnitee; and b. Contractual liability (iv)Cooperate with us with (1) "Bodily injury"or"property damage';or respect to coordinating other applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (1) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "sulf'; and (a) "Bodily injury","property damage"or (11) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such"suit", absence of the contract or agreement;or Form SS 00 08 04 06 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or"property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property darnage" occurs consequence of('I)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "Insured contract', reasonable an employer or In any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or"property damage" This exclusion does not apply to liability provided: assumed by the insured under an"insured (1) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same"insured contract`, and (1} "Bodily injury", "property damage" or personal and advertising injury" (11) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which a At or from an damages to which this { ) y premises, site or insurance applies are alleged. location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of. (I) "Bodily injury"if sustained within (1) Causing or contributing to the a building and caused by Intoxication of any person; smoke, fumes, Vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol;or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that Is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages. the buildings occupants or their guests; This exclusion applies only if you are In the (li) "Bodily injury" or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compersation law or operations performed for that any similar law, additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to: such premises, site or location ('I) An "employee" of the insured arising is not and never was owned or out of and in the course of-, occupied by, or rented orloaned to, any insured, other (a) Employment by the Insured;or than that additional insured;or Page 4 of 24 Form SS 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM (111) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (Ib) At or from any premises, site or (11) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connectlon (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor;or as waste by or for: (ifs)"Bodily injury" or "property (1) Any insured; or damage" arising out of heat, (11) Any person or organization For smoke or fumes from a whom you may be legally "hostile fire";or responsible; (e) At or from any premises, site or location on which any insured or any (cf} At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirec tly an any any contractors or subcontractors insured's behalf are performing any insured's behalf arere worsting directly or indirectly operations If the operations are to performing operations if the test for, monitor, clean up, remove, "pollutants" are brought cn or to contain, treat, detoxify or neutralize, the premises, site or location in or in any way respond to, or assess connection with such operations the effects of,'"pollutants". by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request,demand, order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants";or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of,"pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of"property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Wage 5 of 24 BUSINESS LIABILITY COVERAGE (FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured, Use includes 1. War operation and"loading cr unloading" "Bodily Injury" "property damage" or This exclusion applies even If the claims "personal and advertising Injury", however against any insured allege negligence or caused, arising,directty or Indirectly,out of- other wrongdoing in the supervis[on, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others (2) Warlike action by a military force, by that insured, if the "occurrence" which including action in hindering or caused the bodily injury' or "proper damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any alrcraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by (1) A watercraft while ashore an premises governmental authority in hindering or you own or rent; defending against any of these. j. Professional Sarvices (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (la) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but Is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the"auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field.orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, Inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, - dental, x-ray or or f.(3) of -the definition of "mobile nursing services treatment, advice or equipment';or instruction; (6) An aircraft that is not owned by any (a) Any health or therapeutic service insured and is hired, chartered or loaned treatment,advice or Instruction; with a paid crew. However, this exception does not apply if the insured (�) Any service, treatment, advice or has any other insurance for such"bodily instruction for the purpose of injury„ or "properly damage", whether appearance or skin enhancement, trait the other insurance is primary, excess, removal or replacement or personal grooming; contingent or on any other basis. h, Mobile Equipment including Optical or hearing old services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment' products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS O0 08 04 06 i BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do rot apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days, A separate Limit (9) Any: of Insurance applies to Damage To (a) Body piercing (not including ear Premises Rented To You as described in piercing); Section D.-Limits Of Insurance. (b) Tattooing, including but not limited Paragraph (2) of this exclusion does not apply if the premises are "your work" and to the insertion of pigments into ar were never occupied, rented or held for under the skin;and rental by you. (c) Similar services; Paragraphs(3)and(4)of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (8) of this (79) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs (3)and(4)of this exclusion do Paragraphs(4)and(5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph'I.e.in Section A.-Coverages. Paragraph (6) of this exclusion does not k. Damage To property apply to"property damage"included in the "Property damage"to: "products-oompleted operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" Incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of It and included in the prevention of Injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon,if the"property damage"arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired property Or Property Not Physically Injured (4) Personal property in the care, custody or central of the insured; "Property damage" to "impaired property" (5) That particular part of real property on or property that has not been physically injured, arising out of. which you or any contractors or subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or"your work"; or arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed an It. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product' or "your work" after it has been put to its intended use. Form SS aQ 08 04 05 Page 7 of 24 i BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Prop®rty (0) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, foss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others;or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, worst or property is apply to Paragraphs a.; b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition In it. For the purposes of this exclusion, P. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral,written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of ora1,.written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized. use of (3) Arising out of a on minal act committed another's name or product in your e-mail = by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, anothees potential customers, except an Implied contract to use (1 1)"advertising Idea" in your 'I) Arising out of the violation of a "advertisement"; persons right of privacy created by (6) Arising out of the failure of goods, any state or federal act, products or services to conform with However, this exclusion does not any statement of quality or apply to liability for damages that the performance made in your insured would have in the absence of "advertisement'; such state or federal act; (0) Arising out of the wrong description of (12) Arising out of: • . the price of goods, products or servicgs; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; Intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, tent, apply to infringement, in your graphics or images;or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (1) Your web site;or a trademark, trade name, service (h) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Form 85 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or Incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would (16) Arising out of discrimination or not have occurred in whole or Fin humiliation committed by or at the part but for the asbestos hazard"; direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, datoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access,' or inability to manipulate effects of an"asbestos hazard";or "electronic data". (c) Arise out of any claim or suit flor r. Employment-Related Practices damages because of testing for, "Bodily injury"or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, (1) A person arising out of any, detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment;or Malls, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury" "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or Indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephore Consumer Protection sister of that person as a Act(TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury"to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices law; or described in Paragraphs(a), (b), or(c) above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SLAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury, Exclusions c. through h, and k.through o.do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "Personal and advertising injury" temporarily occupied by you with permission of arising out of the"asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that Section D. - Liability And Medical Expenses Limits Of Insurance, Form SS 00 08 04 06 page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2, Applicable To Medical Expenses Coverage e. A trust,you are an insured. Your trustees We wilf not pay expenses for"bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured,except"volunteer workers". 2. Each of the following is also an insured: b, Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your"employees, other than either your executive officers (if you To a person Injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited (lability company], but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, If benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are Insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and a. Athletics Activities advertising injury": To a person injured while, practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture),' to your members contests. (If you are a limited liability f. Products-Completed Operatlons Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-complated employment or performing duties operations hazard". related to the conduct of your g. Business Liability Excluslons business, or to your other Excluded under Business Liability Coverage. '°volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1, If you are designated in the Declarations as: (b) To the spouse, child, - parent, a. An individual, yogi and your spouse are brother or sister of that co- insureds, but only with aspect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph(1)(a)above; b. A partnership or joint venture,' you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insured,, but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(ai) or Insured. Your members are also insureds, (b)above;or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are Insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the businessL of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medial directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds, but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned,occupied or used by, Page 10 of 24 Form SS 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer Workers" „ any partner or member(if you are (z) personal and advertising injury a partnership or°joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company), organization. b. Real Estate-Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to"mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an Insured while driving such a. Temporary Custodians' Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person Is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,,and die, but only: only if no other Insurance of any kind is available (1) VMth respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a cc-"employee" of the d. Legal Representative If You Elie person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision, e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally Incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Fart. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an Insured, but only with as a named insured does not apply to respect to liability arising out of the operation of the watercraft, and only If no other injury or damage with respect to which an j Insured under this insurance is also an insurance of any kind is available to that person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: i limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft, or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 60%of an insured under this provision, i the voting stock, will qualify as a fumed 0, Additional Insureds When Required By Insured if there Is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision Is afforded The person(s) or organizations) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the Insureds when you have agreed, in a written policy period,whichever is earlier;and Form SS 00 08 04 05 Page 11 of 24 i i BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, In connection agreement, or the Issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, Installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no Such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the product; person or organization is Included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s)or organization(s) (referred to damage" arising out of the sole negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising out of 'your products" which sore distributed its employees be or anyone else acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Dart r The exceptions provides coverage for bodily injury or (i) p' s contained in "properly damage" included within the Subparagraphs(d)or(f);or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is obligated to pay damages by (2) This Insurance does not apply to any Insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of lquipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment, but only with respect to their liability for"bodily (c) Any physical or chemical change injury" "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 I BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but 'occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of La rid Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury" "property damage" leased to you. or "personal and advertising (2) With respect to the Insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) „Bodily injury" or"property darnage" place after you cease to lease that Included within the "products land or be a tenant in that completed operations hazard", premises; or f. ,Any Othor Party (b) Structural alteratiors, new (1) Any other person or organization who construction or demolition Is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily Injury", organization. "property damage" or "personal and d. Architects,Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury" "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you;or (a) In connection with your premises; (c) In connection with"your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (1) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury" "property damage" or coverage for "bodily injury" or ''personal and advertising Injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including. (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, Insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supervisory, Inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 gage 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Secticn D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. Is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.--Liability Arid Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, .joint venture or limited liability Subject to 2.b.above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the I. The illicit We Vtdill Pay Declarations. The limits of Insurance shown in the 5. Damage To Promises Rented To You Limit Declarations and the rules below fix the most The Damage To Premises Dented To You we wilE pay regardless of the number of: Limit is the most we will pay under Business a. Insureds; Liability Coverage for damages because of property damage to any one premises, while b. Claims made or"suits" brought;L or rented to you,or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion,the Damage to Premises Dented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard"is damage results from fire, lightning or explosion the Products-Completed operations or any combination of these. Aggregate Limit shown in the 6. How Limits.apply To Additional Insureds Declarat€ons. b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "properby damage" or "personal organization who is an additional insured and advertising injury", includ€ng medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown In the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision;or owned by or rented to you. b. The Limits .of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not In whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 06 BUSINESS LIABILITY CC?V5RAOE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth In Paragraph 3,above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit''; and separately to each consecutive annual period and to any remaining period of less than 12 months, starting (4) Assist us, our request, in the with the beginning of the policy period shown In the enforcementt o of f any right against any Declarations, unless the policy period is extended person or organization that may be after issuance for an additional period of less than 12 oliable the insured because of Injury months. In that case, the additional period will be or damage to which this insurance deemed part of the last preceding period for purposes may also apply. d of determining the Limits of insurance. . Obligation$At The lnsured's Own Cost E. LIABILITY AND MEDICAL EXPENSES cost, insured will, except at that insureds own GENERAL CONDITIONS any voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insurod's estate will not relieve us of our If we cover a claim or "suit" under this. obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense,Claim Or Snit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and Indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To the extent possible, notice should include: permit that this Insurance is primary and non-contributory with the additional (1) How, when and where the"occurrence" insured's awn insurance, or offense took place; f. Knowledge Of An Occurrence,Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to; b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an Individual; against any insured, you or any additional (2) Any partner, If you or an additional insured must: insured Is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additlonal claim or "suit" and the date received; insured is a limited liability company; and (e4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit" as soon as practicable, insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 06 Page 15 of 24 i BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to. because of such failure. the extent of the coverage and limits of 7. Other Insuranoe Insurance required by that law. If other valid and collectible insurance is b.. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other a. Primary Insurance coverage required by any motor vehicle law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. if other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has aright under insurance by the method described in c. this Coverage Form: below. a.' To join us as a party or otherwise bring us b• Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, Is. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work'; against an Insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of -this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you or temporarily occupied by you with settlement means a settlement and release of liability signed by us, the insured and the permission of the owner; clairriant or the claimant's legal representative. (3) Tenant Uafaility S. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance 41 cover your liability as a tenant for and any rights or duties specifically assigned property darnage to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; % As if each Famed Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit" Is brought. the extent not subject to Exclusion gf.of 8. Representations Section A.—Coverages. (5) Property Damage To Borrowed ai. When You Accept This Policy Equipment Or Use Of Ellematom By accepting this policy,you agree: If the loss arises out of "properly (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A.-- representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance Is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability far damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that Insured amounts under all that other insurance;or insurance. (7) When You Add Others As An We will share the remaining loss, if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Llmits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other Insurance available to c. Method Of Sharing any person or organization who Is an If all the other Insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also, Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its appl?cable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of Its by the method described in c. applicable limit of insurance to the total below. applicable limits of Insurance of all Insurers. (b) Primary And Non-Contributory $. Transfer Of Fights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the irisured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The Insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs(a)and(b)do not apply to apply to Medical Expenses Coverage, other insurance to which the additional b. Waiver Of bights Of Recovery (Waiver insured has been added as an Of Subrogatlon) additional insured. W If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Fart, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their. rights of recovery against so, but we will be entitled to the Insured's such person or organization In a contract, rights against all those other insurers, agreement or permit that was executed prior to the injury or damage. Farm SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured-Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured: - Optional Additional. Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a�. WHO IS AN INSURED under Section C.is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage. in this policy, except as shown in the Declarations as an Additional provided below: Insured o Lessor of Leased Equipment, 1" Additional Insured - Designated Person Or but only with respect to liability for"bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury"caused, In whole or amended to include as an additional insured in part, by your maintenance, operation or the persons) or organizations) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5, Additional Insured - Owners Or Other operations; or Interests From Whom Land Has [seen b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C.is 2. Additional insured - Managers Or Lessors amended to include as an additional Of Premises- insured the persons) or organizations) shown in the Declarations as an Additional r►, WHO 1S AN INSURED under Section C. is Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of b, With respect to the insurance afforded In the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land,or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision--Permits person or organization. a. WHO IS AN INSURED under Section C.is amended to Include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (a) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or poi€t€cal to make or normally undertakes to subdivision has issued a permlt, make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) demonstration, installation, This insurance does not apply to: servicing or repafr operations, (1) "Bodily in)ury y 0 except such operations performed "property damage" or at the vendor's premises in "Personal and advertising Injury" connection with the sale of the arising out of operations performed for product; the state or municipality;or (2) "bodily injury" or "property damage" d9) Products which, after distribution included in the "product-completed or sale by you, have been Labeled operations" hazard. or relabeled or used as a container, part or€ng red ient of any 7. Additional Insured--Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vender; or amended to include as an additional (h) „Bodily ' injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor)shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or"property damage"arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor`s business and only if this Coverage Part {"o ) The. exceptions contained in provides coverage for "bodily injury" or Subparagraphs{d)or{f); or (ii) Such inspections, "property damage" included within the "products-completed operations hazard". adjustments, tests or servicing a; the vendor has agreed to b. The insurance afforded to the vendor is subject to the following additional exclusions: makes normally course to makea in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obi€gated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, i vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured—Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of Inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form 5S 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 0. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Soobcn C.is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES Insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured--Owner. Lessees Or Contractors, 1. . "Advertisement" means the widespread public but only with respect to liability for"bodily dissemination of information or images that Injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury"caused, In whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional Insured(s); or (5) Newspaper; (2) In' connection with "your work" b, The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included. within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Park provides c. Any other publication that Is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement"does not include: "products-completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products;or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network the failure to render, any professional 2. ",advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services,including; 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the more drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications;or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities, equipment. But "auto" does not include 11 Additional Insured — Co-Owner Of Insured "mobile equipment". Promises 5. "Bodily injury"means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or OVnization(s) shown in the c. Disease Declarations as an Additional Insured — Go- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. S. "Coverage territory"means: Page 20 of 24 Farm SS 00 08 04 06 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 8/29/2025 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: Express IMA, Inc. -Pasadena PHONE FAX 3475 E. Foothill Boulevard vC No Ext: 626-507-1399 A/c,No E-MSuite 100 ADDRESS: Express@imacorp.com Pasadena CA 91107 INSURER(S)AFFORDING COVERAGE NAIC# License#:0008309 INSURERA: Hartford Underwriters Insurance Company 30104 INSURED ARASENT-01 INSURERB: Hartford Casualty Insurance Company 29424 ARAS Enterprises, Incorporated P. O. Box 9324 INSURERC: Whittier CA 90608 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:2109950431 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y Y 72SBABL3VR4 5/11/2025 5/11/2026 EACH OCCURRENCE $1,000,000 DAMAGES( RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) ccurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑ PRO ❑ JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION 72WECZR6352 9/1/2025 9/1/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (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/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Santa Ana, its City Council,officers,officials,employees,agents and volunteers are included as Additional Insured on the General Liability policy, if required by written contract or agreement,subject to the policy terms and conditions. This Insurance is Primary& Non-Contributory on the General Liability Policy,if required by written contract or agreement,subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of Certificate Holder and all other parties required by the contract on the General Liability Policy, if required by written contract or agreement,subject to the policy terms and conditions. Tu Tran Tu Tran Nguyenby Nguyen 11601 39—OTS 00' APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 4:00 pm,Sep 15,2025 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. Parks, Recreation, and Community Services 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 r� @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C. WHO IS AN INSURED: Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) 'Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Paragraphs (d) or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any 'occurrence"which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; (b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury"arising out of the rendering of or the failure to render any professional services, including: (i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD damage", or"personal and advertising injury" arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) 'Bodily injury" or"property damage" included within the "products-completed operations hazard". f. Any Other Party (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Form SL 30 32 06 21 Page 3 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; (3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a corporation; (5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity. This Paragraph f. applies separately to you and any additional insured under this Coverage Part. 3. Legal action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us,the insured and the claimant or the claimant's legal representative. 4. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or"suit" is brought. 5. Representations a. When You Accept This Policy By accepting this Policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 6. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work"; Form SL 00 00 10 18 Page 16 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft,Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of"property damage"to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. Form SL 00 00 10 18 Page 17 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery(Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto"does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or Form SL 00 00 10 18 Page 18 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission)