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CO 2025-087 - ASYMM Digital
Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 1st day of July, 2025, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and ASYMM DIGITAL, a Digital Marketing Firm (“Contractor”). RECITALS A.City has heretofore issued its request for proposals to perform the following services: Media Strategy, Planning, and Ad buying services for 25/26 Season (“the Project”). B.Contractor has submitted a proposal to perform the services described in Recital “A”, above, necessary to complete the Project. C.City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D.Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1.Contractor’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals “A” and “B” above, including, but not limited to Advertising Campaign Management and Account Service Support, all as more fully set forth in the Contractor’s proposal, dated 6/7/25 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor’s City of Rancho Cucamonga CONTRACT NUMBER 2025-087 Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 2 compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “n/a”. 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City Representative. 2.Term of Agreement. The term of this Agreement shall be one year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of one years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3.Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $60,000 (sixty-thousand), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 3 deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be Cristina Gorka, Management Analyst, or such other person as designated in writing by the City (“City Representative”). It shall be Contractor’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Samantha Bryant is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Contractor’s Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 4 6. Contractor’s Personnel. 6.1 All Services shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 6.5 Consultant shall provide the City notice if any of its employees or its subcontractors and/or subcontractors’ employees that are proposed to provide Services on any Projects are retirees from or current members of the California Public Employees’ Retirement System (CalPERS). It is City Practice to decline the services of employees of Contractors who are CalPERS retirees or current members of CalPERS on any Project. In addition, Consultant’s employees or subcontractors’ employees providing Services on any Project shall work no more than 960 total hours in a fiscal year (July 1-June 30) combined for the City and other CalPERS agencies. 6.6 In the event that Consultant or any employee, agent, or subcontractor of Consultant or the subcontractor’s employee, providing services under this Contract, is determined by a court of competent jurisdiction or staff of CalPERS, an Administrative Law Judge or the CalPERS Board of Administration to be eligible for enrollment as a member in CalPERS as an employee of the City, or by any other state or federal agency to be an employee of the City under any circumstances, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions demanded by CalPERS, Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 5 payment of any penalties and interest on such contributions, as well as payment of any damages, wages, assessments, awards, judgments or charges incurred in relation thereto, whether awarded by a court, Administrative law Judge or CalPERS any other state or federal agency, and payment of reasonable attorneys’ fees incurred by the City in relation thereto. 6.7 Consultant agrees to follow the provisions of the Affordable Care Act and shall indemnify, defend, and hold harmless the City for the payment of any Affordable Care Act penalties, fines, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant or any employee, agent, subcontractor of Consultant or subcontractor’s employee providing services under this Contract and payment of reasonable attorneys’ fees incurred by the City in relation thereto. 6.8 Consultant agrees to follow the provisions of the California Paid Sick Leave Law (AB 1522) and shall indemnify, defend, and hold harmless the City for the payment of any related penalties, fines, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant or any employee, agent, or subcontractor of Consultant or subcontractor’s employee providing services under this Contract and payment of reasonable attorneys’ fees incurred by the City in relation thereto. 6.9 Consultant agrees to follow all applicable provisions of federal, state and local law, statute and regulation in performance of this Contract as it relates to employment of employees or otherwise, including but not limited to, the Federal Fair Labor Standards Act and proper withholding of taxes, and shall indemnify, defend and hold harmless the City for the payment of penalties, fines, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant, or any employee, agent, or subcontractor of Consultant, or subcontractor’s employee, performing services under this Contract and payment of reasonable attorneys’ fees in relation thereto. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 6 Work Product for any purpose other than the Project, shall be at City’s sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Contractor shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 7.4 Data Privacy. Each party shall comply with all laws, rules and regulations that are applicable to their respective obligations. All City digital properties that are owned or controlled by City shall make all consumer disclosures, including maintaining a privacy policy disclosing the collection and use of data, as required by applicable law and best industry practices. Notwithstanding the foregoing, Contractor shall have the right to use all data generated through the performance of services on an aggregated and non-identifiable basis. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 7 manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 8 a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, “Indemnitees”), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 City hereby indemnifies and holds Contractor as well as their respective agents, representatives, principals, employees, officers and directors harmless from and against any loss, damage or expense, including reasonable attorney’s fees, incurred or suffered by or threatened against Contractor or any of the foregoing in connection with or as a result of any claim for personal injury or property damage or otherwise brought by or on behalf of any third party person, firm or corporation as a result of or in connection with the work as outlined in scope, which claim does not result for the active negligence of the Contractor. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 9 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 10 copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Contractor’s insurance and shall not contribute with it. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor’s sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 11 role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub- subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than thirty (30) days prior written notice to Contractor. In the Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 12 event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City thirty (30) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: Cristina Gorka, Management Analyst City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 If to Contractor: Danielle Johnson, Founder & CEO ASYMM Digital 1960 Blue Oaks Blvd Suite 190,200 Roseville, CA 95747 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor’s obligations Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 13 hereunder without City’s prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and compliance with other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 14 any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: ASYMM Digital By: Name Date Title City of Rancho Cucamonga By: Name Date Title By: Name Date Title (two signatures required if corporation) Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Founder & CEO 7/7/2025 | 3:00 PM PDT Danielle Johnson 7/16/2025 | 3:10 PM PDT Community Services Director Jennifer Gracia Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 15 EXHIBIT A SCOPE OF SERVICES Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A LEWIS FAMILY PLAYHOUSE D I G I T A L M A R K E T I N G P A R T N E R P R O P O S A L J U N E 7 , 2 0 2 5 Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Summary of Interest 01 02 Agency History 03 Dedicated Support Team 04 Proposed Pricing 05 Agency Qualifications 06 Agency Experience & References TABLE OF CONTENTS 07 Agency Approach 08 Case Studies Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A COVER LETTER L E W I S F A M I L Y P L A Y H O U S E Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Cover Letter Dear Lael, I am proud to submit our proposal in response to Lewis Family Playhouse's Request for Digital Marketing Partner. Our team at ASYMM Digital is passionate about creating digital marketing strategies that deliver measurable results for arts organizations. With our extensive experience and innovative approach, I believe we can help Lewis Family Playhouse achieve its goals for the 2025-26 season and beyond. Our team specializes in developing holistic, customized digital campaign strategies that are data-driven, creative and results oriented. We will work closely with your team to gain a comprehensive understanding of your organization in order to best respond to your specific needs and challenges. In closing, we believe that we can provide Lewis Family Playhouse with the exceptional strategy, support, and solutions needed to achieve your goals. I am confident that our team has the experience, expertise and creativity to deliver outstanding results. Thank you for considering our proposal; we look forward to the opportunity to work with your team. Sincerely, Danielle Johnson Founder & Chief Executive Officer danielle@asymmdigital.com 916.956.7808 Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A AGENCYHISTORY L E W I S F A M I L Y P L A Y H O U S E Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A ASYMM Digital is a full-service digital marketing agency that provides media strategy, planning and buying services for nonprofit, arts, and entertainment organizations in North America. We specialize in developing data-driven performance marketing strategies that evolve over the life of the campaign via channel-level optimizations and constant communication with partners about performance benchmarks. Our team boasts over 25 years of digital marketing experience, with 16 years of experience in the arts space, having served over 150 arts organizations in our tenure. This unique blend of digital marketing expertise and arts experience provides our clients with a customized, well-informed, full-funnel media plan that keeps their industry specific challenges and opportunities at the forefront of the marketing strategy we provide. ASYMM Digital executes campaigns for our clients by leveraging premier media buying platforms including Google Marketing Platform (Display & Video 360, Campaign Manager 360), Facebook Business Manager, TikTok, LinkedIn, Pinterest, Snapchat, X, and more. In addition to our media strategy and buying services, ASYMM Digital offers analytics, organic media, email marketing, creative, and SEO optimization services. AGENCY HISTORY Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A DEDICATEDSUPPORT TEAM L E W I S F A M I L Y P L A Y H O U S E Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A ASYMM Digital is backed by a team of experienced cross-channel digital marketing experts with a passion for nonprofit marketing. DEDICATED SUPPORT TEAM SUBJECT MATTER EXPERTS Backed by decades of experience in digital marketing and the arts, our team knows the ins and outs of supporting arts marketers and achieving continued success. CLIENT CARE SPECIALISTS We believe that building trusted relationships is at the heart of success. We prioritize communication, partnership and support above technological jargon and baseless recommendations. LEARNERS AND GROWERS Digital marketing is a fast paced, ever evolving industry. Our team is dedicated to our ongoing education and growth via certifications, training, and conference attendance & participation. We commit to ongoing knowledge sharing with our partners to keep them on the cutting edge of what is new in the space. Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Danielle Johnson | Partnership Oversight and Executive Management Danielle Johnson is a proven digital, branding, and creative marketing leader. Over the course of her award-winning 17 year career she has spearheaded digital transformation and product innovation with a focus on building world-class client management and media activation teams supporting live entertainment and performing arts clients. Danielle’s nine year leadership of MogoARTS helped build the agency into a nationally recognized brand focused on providing digital marketing solutions and thought-leadership for organizations of all sizes. Danielle’s lifelong passion for and involvement in the arts has been an unwavering compass in her development of ASYMM Digital. In addition to the time she’s spent on stage, her experiences as a Black woman in tech have crystallized her belief in developing dynamic teams that are diverse and inclusive as a rule. These principles and passions are core to Danielle’s continued development of teams where people’s unique strengths are leveraged to deliver actionable results for clients and core business objectives. Maria Dellafemina | Digital Strategy + Media Buying, Analytics Maria’s 13+ years of experience developing digital marketing strategy and creative solutions for arts and live entertainment clients prioritizes a deep understanding of every partner, their goals, and the possibilities for their success. Throughout her career, Maria has worked with National brands and hundreds of non-profit clients, including: Samsung, Allstate, SFJAZZ, The Boston Ballet, Cal Performances, the Denver Center and many others. Her approach to developing winning strategies for clients is no different: focus on what makes a brand unique and deliver that message to audiences in an unforgettable way. DEDICATED SUPPORT TEAM Samantha Bryant | VP, Partnerships Client Service, Project Management & Execution Lead Samantha has over 14+ years of working in marketing agencies and developed a special focus on the live events and entertainment space over the last 9 years. Her career has been distinguished by an unwavering commitment to fostering client relationships and advancing innovative strategies that redefine the client experience. Samantha has worked with clients such as Denver Center for the Performing Arts, Cal Performances, Enchant Christmas, and Feld Entertainment. In her work, she strives to consistently propel collaborations to new heights and demonstrates an innate talent for cross-functional coordination and elevating partnerships to deliver unparalleled value. Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Lydia Fang | Digital Activation Specialist, Analytics Lydia has over 10 years of digital marketing experience, across traditional and digital media buying and planning. She specializes in developing, executing and analysis end-to-end programmatic, multi-channel campaign strategies. Lydia’s deep understanding of the media landscape and ad tech ecosystem, along with her project and communication management skills make a winning combination for delivering value for ASYMM’s partners. Miguel Leano | Digital Activation Specialist, Display + Meta As a data-driven performance marketer with 10+ years of experience, Miguel specializes in scaling and growing marketing programs while consistently achieving high ROAS. He applies a strategic and analytical approach blended with a systems mindset. He believes the highest purpose is to live in service. His unique blend of professional expertise and a deeply personal and community- oriented approach allows him to contribute meaningfully to ASYMM’s client partnerships. Hayley McGuirl | Partnerships Manager Hayley has over 12 years of experience in marketing and sales for the performing arts. Most recently, Hayley worked on the marketing team at the John F. Kennedy Center for the Performing Arts in Washington, DC, overseeing strategy for Performances for Young Audiences, comedy, jazz, international and theatre programs. As a strategist, Hayley takes a holistic approach to single ticket and subscriptions campaigns, and her experience working with large dedicated teams of both internal and external partners drives her collaborative spirit. In addition to digital marketing strategy, Hayley loves to talk ticketing and pricing. In her spare time, she’s seeing as much live theatre as possible. Anthony Yu | Digital Activation Specialist, Search Anthony specializes in supporting teams transform data into actionable insights that help fuel growth. With over a decade of experience in digital marketing. He joined ASYMM Digital from The Athletic, a New York Times brand. He brings experience working with companies like Ticketmaster, yielding data-driven results for concert ticket sales. He enjoys collaborating and delivering results through search and other forms of digital marketing to help organizations in the arts grow. Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A PROPOSEDPRICING L E W I S F A M I L Y P L A Y H O U S E Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A ADVERTISING CAMPAIGN MANAGEMENT Provide research, strategy, media planning and execution across: Digital display advertising Social media advertising Paid Search advertising Measurement strategy & data visualization ACCOUNT SERVICE Provide support for campaigns through regular meetings with Lewis Family Playhouse team Coordinate closely with the Lewis Family Playhouse team to ensure ads are accurate and coordinate with marketing strategies for each campaign and objective PROPOSED PRICING ASYMM Digital proposes a collaborative partnership with Lewis Family Playhouse to meet established goals, measure KPIs and support execution of outlined initiatives across channels and capabilities. The fees, as outlined below, are based on our best understanding of Lewis Family Playhouse's needs for the upcoming year. As a signal of our desire to work and partner with Lewis Family Playhouse, we have waived all onboarding and build fees* in our pricing proposal. *ANNUAL BUILD FEE WAIVED FOR YEAR 1 Client acknowledges that all amounts invoiced to Client will be based upon estimates for media purchases provided by media suppliers, and in respect of any given media purchase, the amount that Client may actually be required to pay may not correspond precisely to the estimated amount previously invoiced to Client. Agency shall, upon its receipt and approval of all relevant media supplier invoices, complete a biannual reconciliation, both as to the media purchases and the fees, of each estimate and invoice to the amount actually required to be paid. In the event that such amount exceeds the estimate, Client shall pay the difference to Agency upon its receipt of such invoices from Agency. In the event that such amount is less than the estimate, Agency shall credit the difference of unused media to Client accordingly. Credits must be used within 12 months of credit memo date. All fees are nonrefundable. Agency may require payment for media and service fees in advance. Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A AGENCYQUALIFICATIONS &DIFFERENTIATORS L E W I S F A M I L Y P L A Y H O U S E Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A QUALIFICATIONS AND DIFFERENTIATORS 25+ Years Collective Digital Marketing Experience 20+ Years dedication to nonprofit organizations 150+ Organizations supported TEAM BRAND EXPERIENCE Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A We move at the speed of your organization with agile, forward thinking strategy supported by trusted technology and advanced tactics. We do not lock budgets into siloed channels. We regularly optimize budgets across channels and tactics to maximize budget effectiveness. FRESH APPROACH BOUTIQUE SERVICE IMPACTFUL RESULTS At a time when resources are stretched thin for many organizations, we bring the power of extended support to amplify your capabilities. At the center of everything we do is our passion for supporting the arts in driving growth and yielding measurable performance. QUALIFICATIONS AND DIFFERENTIATORS THE ASYMM DIFFERENCE Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A ASYMM carries out marketing audit, audience identification, and competitive research. Conduct 90 minute exploratory meeting to align on needs, goals and desired support. ASYMM builds out media strategy. Conduct 60 minute review meeting to present and share going-forward plan for success; deliver media plan, establish reporting cadence and onboarding checklist. EXPLORE ENGINEER ASYMM receives or builds necessary assets, deploys tags, carries out initial build and confirms launch. EXECUTE ASYMM conducts internal optimizations to drive continued performance. Conduct agreed upon meeting cadence to review reporting & recommendations. EVOLVE QUALIFICATIONS AND EXPERIENCE Each client is given access to a client portal login where all of the campaign assets and workflows are managed between Lewis Family Playhouse and your dedicated ASYMM Digital team. The dedicated portal includes: WORKING WITH ASYMM DIGITAL CLIENT PORTAL ASYMM will conduct bi-weekly calls with the Lewis Family Playhouse internal team, providing performance updates, optimizations and strategy shift recommendations. In between meetings, clients can communicate with us through email, their personalized client portal, or through ad hoc virtual meetings. Our planning and activation framework is outlined below: Creative upload Real-time chat functionality for streamlined communication Workflows for onboarding, activation and invoice with clear action items for the Lewis Family Playhouse and ASYMM teams Centralized file storage for media plans, contracts, invoices and assets Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A ASYMM is able to work seamlessly across most platforms and providers to place pixels for cross channel conversion and revenue tracking. We deploy online measurement across channels, and track online and offline sales to connect the dots and determine how credit for sales and conversions can be attributed to touchpoints throughout your complex marketing strategy. Using Google Tag Manager, ASYMM would place pixels on Lewis Family Playhouse's website to track the following across paid social, search, and programmatic: Site visits Pageviews Cart Conversions Revenue We would also recommend that UTM codes are used in all email campaigns to track performance and compare email efforts against other traffic drivers SPECIFIC PLAN (METHODOLOGY) Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A CLIENTEXPERIENCE &REFERENCES L E W I S F A M I L Y P L A Y H O U S E Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A CLIENT EXPERIENCE ACTIVE CLIENTS SAMPLE Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A REFERENCES GORDON GREENFIELD CHIEF MARKETING OFFICER SARASOTA ORCHESTRA GGREENFIELD@SARASOTAORCHESTRA.ORG RON FOSTER-SMITH DIRECTOR OF MARKETING CAL PERFORMANCES AT UC BERKELEY RFOSTERSMITH@CALPERFORMANCES.ORG JAMES FREDERICK EXECUTIVE DIRECTOR ONSTAGE OGDEN JAMES@ONSTAGEOGDEN.ORG Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A AGENCYAPPROACH L E W I S F A M I L Y P L A Y H O U S E Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A SPECIFIC PLAN (METHODOLOGY) The foundation of ASYMM Digital's capabilities is our access to enterprise technology. Through our relationships with Google and The Trade Desk, we are able to access over 90% of websites and over 90 billion impressions per day, providing our clients the ability to reach their target audiences wherever they are in order to drive meaningful campaign results. Execution and support across paid social channels including Meta, TikTok, Pinterest, LinkedIn and more SOCIAL Programmatic display across 52 major exchanges, through DV360 and The Trade Desk PROGRAMMATIC VIDEO & CTV YouTube, CTV, OTT Paid search across Google, Yahoo, Bing, Google Grant execution and support PAID SEARCH & GOOGLE GRANT Combine OOH’s ability for generating high awareness while maximizing conversion. DIGITAL OOH Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A SPECIFIC PLAN (METHODOLOGY) Once goals and objectives have been established, ASYMM prioritizes market research and historical insights to build audience personas, targets and tactics for ensuring your campaign is reaching the intended audience. As we gain insight into analytics and performance, we will use that data to inform audience strategy shifts, as necessary, throughout the campaign(s). ASYMM will leverage any information provided by Lewis Family Playhouse to develop key audience segments. We'll use CRM lists, engaged pixel-based audiences, and social engagement audiences to structure audience outreach into the following 1P categories: Previous subscribers Returning patrons/past single ticket buyers Net new patrons In addition to targeting known audiences using Lewis Family Playhouse's 1P dataset, ASYMM will also build a strategy to reach and convert new audience categories to expand the patron database, leaning heavily into 3rd party prospecting tactics: 3rd Party Demographic targeting Behavioral, Contextual + Affinity (Arts enthusiasts, etc.) Look-alike on 1st party audiences Keyword targeting 1st Party Past subscribers CRM Past single ticket buyers CRM Social engagement audiences Engaged pixel-based audience targeting DMA based targeting AUDIENCE Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A SPECIFIC PLAN (METHODOLOGY) GEOTARGETING Once ASYMM is provided access to Lewis Family Playhouse's Google Analytics, we will conduct a full audit to gain additional understanding of the patron purchase behavior that will inform the full geotargeting approach. A preliminary geotargeting approach, based on Lewis Family Playhouse's location, and market data in the area would look like: Prospecting: Rancho Cucamonga, CA (25 mi radius) Retargeting: Southern California Partnership with the Lewis Family Playhouse team, a GA audit, and performance will inform the final geotargeting approach. Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Awareness Objective: Inform Goal: Meet or exceed previous year campaign benchmarks KPIs: Impressions, video views & video completions, reach, engagement Consideration Objective: Engage Goal: Meet or exceed previous year campaign benchmarks KPIs: Social engagements, email opens & clicks, site visits, page visits Conversion Objective: Action Goal: Conversion + Revenue target KPIs: CVR, ROAS, CPA MEASUREMENT STRATEGY SPECIFIC PLAN (METHODOLOGY) ASYMM will build a custom measurement model that will consider activities that occur throughout the funnel. During our strategy sessions, we will pinpoint key performance indicators for each campaign, and will construct our media plan bearing those goals and KPIs in mind. These KPIs will serve as the roadmap for performance evaluation and optimization decisions. Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A REPORTING & ATTRIBUTION Data visualization, multi-point reporting, cross-channel attribution, paths to conversion, advanced tag deployment INSIGHT & ANALYTICS Google Analytics, GA4, product level tracking, advanced cross- channel insights DATA VISUALIZATION ASYMM leverages certified skills in Google Analytics to bring measurable context to paid and organic media efforts. We focus on using data to measure progress, show value, and identify actionable steps to improve performance. We deploy online measurement across channels, and track online and offline sales to connect the dots and determine how credit for sales and conversions can be attributed to touchpoints throughout your complex marketing strategy. SPECIFIC PLAN (METHODOLOGY) Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A CASESTUDIES L E W I S F A M I L Y P L A Y H O U S E Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Center for the Arts at George Mason University needed a multi-channel digital campaign strategy that allowed them to efficiently and cost effectively promote multiple performances simultaneously across unique genres through their season. The challenge was to create a plan that minimized overlap and internal competition across campaigns while also maximizing thoughtful audience segmentation that would deliver relevant messages to existing and prospective patrons. This new approach for Center for the Arts yielded a 39% improvement to year over year CPA and an 89% improvement to return on ad spend year over year The strategy ensured that there were no dark periods between performances and that remarketing audiences were continually engaged with fresh and relevant messaging. Additionally, efficiencies were found by leveraging platform data while minimizing disruption to algorithmic learnings. R O A S Y o Y C P A Y o Y ASYMM Digital developed a streamlined campaign structure and deployed a single campaign solution across multiple digital channels to enable longer and less disruptive promotion of each performance. By doing this, the platform algorithms were able to learn and improve performance, while engaged audiences were more efficiently targeted. To avoid irrelevant messaging to patrons who had expressed interest in other shows, rotating creative flighting was utilized as each event approached and ended, and dynamic creative was executed through custom product tracking. Additionally, performance-specific messaging was leveraged to acquire new patrons by displaying creative for multiple events to aggregated audiences, resulting in increased efficiencies in site visitation and down-funnel conversion activity, while limiting competition. GOAL D r i v e s i n g l e t i c k e t s a l e s a c r o s s G e o r g e M a s o n U n i v e r s i t y ’s C e n t e r f o r t h e A r t s ’ 4 0 + s e a s o n p e r f o r m a n c e s Client Case Study Performing Arts Center Single Ticket Campaign CHALLENGE RESULTS RESULTS 39% 89% STRATEGY Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A RESULTS STRATEGY GOALS SOLUTION 1 Strategic Flighting Testing & Optimizations Advanced Measurement Y i e l d 2 0 % e f f i c i e n c y i n Y o Y C P A D r a w d i ve r s e a n d you n g a u d i e n c e s U nl o c k p r o d u c t t r a c k i n g t o al l o w r e a l -t i m e p i v o t i n g t o w a r d r e a c h i n g t i ck e t s a l e g o a l s Case Study Monterey Jazz Festival Phase 1 - 2023 R O A S Y o Y C P A Y o Y A ke y ele m en t to the 2 0 23 st rat eg y was rooted in g a i nin g a de ep un d er s tandin g f o r t he comple x tic ket s a l e j o ur ne y, aimin g to sell a s man y 3-day p a ck a ges u pfront as possible w h ile g en er atin g in t er est for sin gle-day ti c k et o n sal e. AS Y M M w a s ab le to u nloc k a d van ce d tr a ck ing capab i lit i es by w o rkin g close l y wi t h MJ F's tic ketin g partn er to brin g en h a nc ed au di enc e d eploy m en t b a s ed o n h o w patrons we r e engag i ng w i t h di f fer en t ti c k eti n g o p t ions, in r eal time . All o c atin g bu dge t for testin g int o ne w a ud ie n ce se gm ent s & c rafti ng un i q ue me s s a gi n g to t he s e de s i red se gme nts a llow ed for a dde d o pt i m izat i o n c a pabili t ie s and swift s tr a t egy shi ft s b a s ed o n r eal -time l ear nin gs. ASYMM wor ked cl o s ely w ith M o nte r ey Jaz z F esti v a l to a s s ess t a rge t ing, f lighti ng , a nd op portu niti es t o e xp a nd t he i r a ud ie n ce to d raw y o u ng er m o re d iverse att ende es with a fu lly cross-c hann el ex ec u tion across So cia l , Displa y, Yo uTu b e, Pa i d S e ar ch & Google Gra nt su ppor t Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A RESULTS R O A S Y o Y C P A Case Study Monterey Jazz Festival Creative Refresh Ga i n e f f i c i e n c i e s i n k e y p e r f o r m a n c e m e t r i c s (R O A S , C P A , e t c .) d u r i n g t h e O n - S a l e p o r t i o n o f t h e c a m p a i g n H i g h l i g h t b r a n d -t h em e d c r e a t i v e t o b u i l d b r a n d a w a r e n e s s w i t h n e w p at r o n s an d l e v e r a g e b r a n d l o y a l t y w i t h r e t u r n in g p a t r o n s GOALS SOLUTION ASY MM dev elo ped n e w S ocial cr e ative to hig h l i g h t the br and na me, f e sti va l dates and va l u e fo r pr o sp e c t i ve patrons . Thir t e en cr e ative sets wer e d e ve l op e d to test ef f i c acy of new c reativ e a ssets a ga i n s t ex is t i n g a u diences and a control audie n c e who al so re c e i ve d the o riginal ca mp aig n c reativ e. Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A THANK YOU Danielle Johnson 916.956.7808 Contact Information Danielle Johnson Signed: Founder & CEO, ASYMM Digital Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 16 EXHIBIT B SCHEDULE FOR PERFORMANCE The 2025/2026 SEASON at the Lewis Family Playhouse aligns with FY2526. Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/26/2025 AP INTEGO INSURANCE GROUP LLC 375 WOODCLIFF DRIVE SUITE 103 FAIRPORT NY 14450 Chubb Customer Service Center 888-807-6398 chubbcsc@chubb.com ASYMM DIGITAL LLC 3096 STONINGTON DRIVE ROSEVILLE CA 95747 ACE Property and Casualty Insurance Company 20699 A 8 8 8 Y Y D01785199 07/11/2025 07/11/2026 1,000,000 1,000,000 5,000 Included 2,000,000 2,000,000 The insurance afforded by the policies described herein is subject to all terms, exclusions and conditions of such policies. City of Rancho Cucamonga is listed as Additional Insured, with a Primary and Non-Contributory/Other Insurance, Including Primary Provision and a Waiver Of Subrogation Required By Contract, as per the terms and conditions of the Chubb Businessowners Liability Extension Endorsement (BOP-47675, or its equivalent) included in the policy. City of Rancho Cucamonga Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/25/2025 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 be endorsed.If SUBROGATIONIS 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 AP INTEGO INSURANCE GROUP LLC 76250846 375 WOODCLIFF DRIVE STE 103 FAIRPORT NY 14450 CONTACT NAME: PHONE (A/C, No, Ext): (888) 289-2939 FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Hartford Fire and Its P&C Affiliates 00914 INSURED ASYMM DIGITAL LLC 1960 BLUE OAKS BLVD STE 190 BOX 200 ROSEVILLE CA 95747-8486 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A X 76 WEG BL7WGK 11/06/2024 11/06/2025 X PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Blanket Waiver of Subrogation applies in favor of the Certificate Holder, Rancho Cucamonga its officials, employees, agents, and volunteers per the Waiver of Our Right to Recover from Others Endorsement WC000313, attached to this policy. CERTIFICATE HOLDER CANCELLATION Rancho Cucamonga its officials, employees, agents, and volunteers 10500 CIVIC CENTER DR RANCHO CUCAMONGA CA 91730-3801 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 02D2B2CE-60AE-4C2B-BD36-EE0D5E19839A