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PAGEANTRY PRODUCTIONS - 2007-01-09
Council/Agency Meeting Held: Deferred/Continued to: Ap rov d o ditionadly r 7 ❑ Denied � ° Cit Irk' Signat e Council Meeting Date: June 1, 2009 Department ID Number: CS09-006 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU L MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR �J PREPARED BY: JIM B. ENGLE, DIRECTOR OF COMMUNITY SERVIC V SUBJECT: APPROVE 4" OF JULY PARADE CONTRACT AMMEND ENT Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City has an existing three-year contract with Pageantry Productions to produce the annual 4t" of July Parade. The contract needs to be amended to increase the total amount by $30,000 in order to cover reimbursable items for the 2009 parade. Funding Source: 4t" of July Fund Account #20445803.69365. Recommended Action: Motion to: Amend the existing contact with Pageantry Productions to cover the cost of producing the 2009 4t" of July Parade. Alternative Action(s): Do not amend the contract. Analysis: The City has a three-year contract with Pageantry Productions to organize the 4th of July Parade. This is the third year of the contract. The contractor's annual fee is $11,600. In addition to the set fee, the 4t" of July fund reimburses the contractor for certain items arranged through Pageantry Productions, such as payment for marching bands, rental of equipment, and other parade-related expenses. Pageantry Productions is in a better position as a private company to pay for certain services that require a quicker turn around between invoicing and final payment. All reimbursements are reviewed before payment. The amount in the contract for reimbursable items has been $20,000 per year. This amount was exceeded in the past two years and an additional $30,000 needs to be added to the existing contract to cover the cost of the 2009 parade. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: June 1, 2009 DEPARTMENT ID NUMBER: CS09-006 Strategic Plan Goal: Strategic Plan Goal H: Create an environment that promotes tourism to increase revenues to support community services and transform the city's economy into a destination economy Environmental Status: NA Attachment(s): Page NumberNo. Destription 1. Contract Amendment -2- 5/18/2009 8:46 AM ATTACHMENT # 1 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAGEANTRY PRODUCTIONS FOR COORDINATION AND PRODUCTION OF THE FOURTH OF DULY PARADE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and PAGEANTRY PRODUCTIONS, INC., a California corporation, hereinafter called "Pageantry." WHEREAS, City and Pageantry are parties to that certain agreement, dated January 9, 2007, entitled "PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PAGEANTRY PRODUCTIONS FOR COORDINATION& PRODUCTION OF THE 2007 4TH OF JULY PARADE," as amended by the parties on October 24, 2007, which agreement as amended shall hereinafter be referred to as the"Original Agreement," and Pursuant to the Original Agreement, the total compensation for coordination and management of the 2007, 2008, and 2009 4'of July Parades shall not exceed Ninety-four Thousand Eight Hundred Dollars ($94,800.00), payable in yearly amounts of Thirty-one Thousand Six Hundred Dollars($31,600.00) each; and The parties wish to amend the Original Agreement so that the total compensation for Pageantry's services shall not exceed One Hundred Twenty-four Thousand Eight Hundred Dollars($124,800.00), NOW, THEREFORE, it is agreed by City and Pageantry as follows: 1. ADDITIONAL COMPENSATION The total compensation for the Original Agreement shall not to exceed One Hundred Twenty-four Thousand Eight Hundred Dollars($124,800.00). Pageantry shall perform all tasks set forth in the Original Agreement for the 2009 e of July Parade. Pageantry shall be entitled to compensation for the 2009 4a'of July Parade, payable as set forth in the Original Agreement, in an amount not to exceed Sixty-one Thousand Six Hundred Dollars ($61,600.00). REST OF PAGE INTENTIONALLY LEFT BLANK 1 07-1280.001/33735.doc 2. REAFFIIMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto h ve caused this Amendment to be executed by their authorized officers on (��� O/ , 2009. PAGEANTRY: CITY: PAGEANTRY PRODUCTIONS. INC. CITY OF HUNTINGTON BEACH, a A California corporation municipal corporation of the State of California By: o print name ayor ITS: (circle one) ChaiM s;den ' President AND By Cler print name INITIATED AND APPROVED: ITS: (circle one) Secretary/Chief Financial Officer/Asst. S - reasurer Jr Di c 't r of Community Sery s REVTEWE APPROVED jAPP;;D AS TO FORM: � City Adtn tdi ator Attorney 2�I 3-1 /,9 2 07-1280.001/33735 CITY OF HUNTINGTON BEACH Professional Service Contracts FFa ;9sP Purchasing Certification Amendment # 2 1. Date Requested: May 13, 2009 2. Contract Number to be Amended: CMS00700501 3. Department: Community Services 4. Requested By: Naida Osline 5. Name of Consultant: Pageantry Productions 6. Amount of Original/Prior Contract: $94,800 7. Additional Compensation Requested: $30,000 8. Original Commencement Date: 1/1/07 9. Original Termination Date: 7/15/09 10.Extended Date Requested: 11.Reason for Contract Amendment: Additional funds are required 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13.Business Unit and Object Code where funds are budgeted: 20445803.69365 ep ment Head Si ature RI HARD AMADRIL Central Services Manager ' INSURANCE AND INDEMNIFICATION WAIVER Hun' n�® MODIFICATION REQUEST DEC 1 2007 1. Requested by: Naida Osline City of Huntin=aeon i3GIELir 2. Date: November 8, 2007 city Attorneys office 3. Name of contractor/permittee: Pageantry Productions 4. Description of work to be performed: Production of the 2008 and 2009 4th of July Parades 5. Value and length of contract: $11,600 per year, 2-year contract, one day event 6. Waiver/modification request: Waive professional liability insurance 7. Reason for request and why it should be granted: Pageantry Productions is unable to obtain this insurance. The company has organized the parade for several years. They are able to comply with all other insurance requirements. 8. Identify the risks to the City in approving this waiver/modification:Unknown risk paltment Head Signatur Da e: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management d f e City Attorne 's ffice disagree. I f4sk Management / Approved ❑ Denied Signature Date 2. City Attorney's Office proved ❑ Denied /Z • / 2 c3�� Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, .this form is to be filed with the Risk Management Division of Administrative Services Document3 11/8/2007 3:02:00 PM 05/20/2009 16 : 18 FAX Z 001/002 V+/Lvi 4-0 I U .JL f nn Q 001/002 ,ACORD, CERTIFICATE OF LIABILITY INSURANCE -_DATEIIIWDDIfM 05/20/2009 PRODUCER 562,969,5351 FAX 562. 9■ 952 THIS CERTIFICATE IS ISSUED AS A SHATTER OF INFO IMIATION Don Dixon & Associates Ins.,, Inc, ONLY AND CONFERS NO RIGHTS UPON TIME CERTIFICATE BOX 5126 HOLDER.THIS CERTIFICATE DOPE NOT AMEND,EXTEND OR PO ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9141 E 2nd Street, Ste 630 Downey, CA 90241-8126 INSURERS AFFORDING COVERAG9 NAIC# Nsumm Pageantry reductions, Inc, imsupwqx Scottsdale Insurance 10672 11904 Long Beach Blvd INSURER II, Mercury Casualty CpI1>E1gny --- 11905 Lynwood. CA 90262 INSURrA 01 _ INSURER D! , rNSURER E. COVERAGES THE POLICIES OF INSURANCO LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDIOAT150.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTIRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSIINANCE AFFORDED BY THE POLICIES VEBCRIDED HEREIN 19 SUBJECT TO ALL THE TERM$,DSCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGOIREGATE LIMITS SHOWN MAY HAVE BEAN REDUCED BY PAID CLAIM:a. LTR ink TYPE OF INIIUAMOE POLICY NUNDER PATT IIN22= I mas arAERALLIAMLiTr CLS1549731 01/23 2009 01/23/2010 EACHCGCUMENCE a 1,000.0001 X COMMERCIAL GENERAL LMILRY oAIFl.II aura) 0 100.00 CLAM#MADE FT OCCUR MID EXP(Arw—wwn) S !;.00 A PERSONAL&ADY INJURY I 1 000,0 GENERAL AGGd1EQATE 3 2 _000 00 CEN'L AOQREOATE I.Wrf APPLIeE FIR: PRODUCTS.OOWPIGP AGO ! 2 0 00 00 POLICY P LOC AUTONOalLs LUUIILftY AC 11016 02 02/24 q 02/24 2010 X ANY+uro COMBINED SINGLE uMrr s ° I 1�000 00 All,OWNED AVrOB BODILY INJURY e; B SCHEDULED AUTO$ (Per person) x HIRED AUTOS X NON-OWNED AL roI;I A P VED AS O PoW ILY+ �u1Rr i PROPERTY OAMAGE lPior aceldwrre) GARAGE LIASILITT o� D9 AUTO ONLY-GA ACCIDENT ANY AUTO / OTHER THANEA Aa S AUTO ONLT. AGO S O[C!381 UdeRELLA UAGkPY @ACR OCCURRENCE 6 OCCUR El CLAIMS MAp6 AGIGAE&ATE ; ... _ t DEDUCTIBLE REVKnON s -� ! WORKERS COMPET41ATION AND 9WP1LOYER3'UA81L 7 M . T Ell ANY PROPRIETO NEWENECLNIVE TIN EL.EACH ACCIDENT of OFFI EWMI�,,M�ER Mow? (Myyeess.y �N�yHI�p))�� � I-[-DIDWE-EA EMPLOYE 9 6PECWl PROVAZJ45 b.l. E,L DISEASE,POLICY LIMIT S OTHVK DEPa"'ION OF OPHRAVW !I LOCATI(MM/V94 I EXCLUSION!APO W UY ENDORS faifT!>PECIIIL pftwa v TM City of Huntington Beach is offieePs, electe�or aippointea officials, employees, agents and volunteers are named Additional 'Insured CERTIFICATE HOLDI=R CANCELLATION BHOULD ANY OR THE ABOVE 0MRIBED rdWC€LLB THE MPFATION TE TFIEAEOF.THE IiU1NG ldSURE1l IML NDEAVIb 30 OgYa WpRtRN TO TII®CERTFICATE HOLogR NAM TO THE LE PAIW TO e0 20 SMALL The City of Huntington Beach IM a ORLNUTION OR LN9ILL!ADI< KIND UPpM Y INS n ITa To oR COMMnity Services Department ATIVF.a 2000 Ka.in Street TME Flu tin9ton Beach, CA 92648 p i ACORD26(20M011 FAX; 310.631.1134 ®99 C C PORA ION. rlphte reeer4d. The ACORD name and logo are mgisterBd mzrkfofkC0FtD 05/20/2009 16: 19 FAX a 002/002 05/20/2009 16:32 FAX IA 002/002 CLS 1549731 Q®IHIMEI�'H AL OFENERAL LIABILITY CCU 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �®'qpp ADDITIONAL INSURE® - OWNERS, NERS, LESSEES OR CONTRACTORS.® SCHEDULED PERSON OR ORGANIZATION I This endorsement modifies insurance provided under the following; �I COMMERCIAL 09NERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addltlanal Inured Parson(s) Or 4 anization s : L®ctl6 s ®f Covered loins i The City of Huntington Beach, its officers, elact;ad or appointed officials, July filth Event employees, agents and volunteers I I A Smtlon 11 m Who Is An Insured Is amended to ®. With rospe to the Insurance afforded to these Includ® as an additional Insured the person(s) or additional in urads, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily lnjur/', "property w personal and advertising injury" This Insure" does not apply to "bodily injury" or damage" "property dar 4a"occurring after; caused,In whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished In connection with such work, 2. The acts or omissions of those acting on your on the pr9ect(othat than service, maintenance behalf, or repalra) to be performed by or on behall of In the performance of your ongoing operations for the add'rtr nal insured(s) at the location of the the additional Insured(s) at the location(s) dasig- covered t peratlons has been correplated;or nated above. 2. That porillon of "your worV1 out of which the injury or gamage arts" has been put to Its In- tandea use by any p®rson or organization other than an her Contractor or subcontractor en- gaged In performing operations for a pPincipal as a part )f the same project. i E CO 20 10 07 04 0 ISO properties, Inc.,2004 gag® 1 of 1 t� RCA ROUTING SHEET INITIATING DEPARTMENT: Community Services SUBJECT: 4 th of July Parade Contract COUNCIL MEETING DATE: June 1, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not A plicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorne ) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not A plicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attt achedNoAp plicable Commission, Board or Committee Report (If applicable) Attached ❑ Not A plicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS �- - OC VA f REVIEWED w RETURNED FORVPAJRDED Administrative Staff Deputy City Administrator (Initial,) City Administrator Initial ' City Clerkt. -" ( ) EXPLANATION FOR RETURN OF ITEM: - . p qce.For • RCA Author: NO x5312 City ®f Huntington Beach " 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 2, 2009 Pageantry Productions 11904 Long Beach Blvd. Long Beach, CA 90262 To Whom It May Concern: Enclosed for your records a copy of the Amendment No. 2 to Agreement between the City of Huntington Beach and Pageantry Productions for coordination and production of the Fourth of July Parade. Sincerely, � M I- jjrK) Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:fol lo,,vup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone:714-536-5227) Y CONTRACTS SUBMIT TO , y k fl• 17 CITY CLERK'S OF 0 At >-41 3 -` ' C {. ,J ! L :� o rw UIi, To: JOAN FLYNN, City Clerk Name of Contractor: Pageantry Productions Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Amendment No. 1 for Coordination and Production of the Fourth of July Parade Amount of Contract: $63,200.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. ❑ to Risk Management ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ r64dxo�k- Date: �'" z Name/Exte sion City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal t AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAGEANTRY PRODUCTIONS FOR COORDINATION AND PRODUCTION OF THE FOURTH OF JULY PARADE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and PAGEANTRY PRODUCTIONS, INC., a California corporation, hereinafter called "Pageantry." WHEREAS, City and Pageantry are parties to that certain agreement, dated January 9, 2007, entitled"PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PAGEANTRY PRODUCTIONS FOR COORDINATION& PRODUCTION OF THE 2007 4TH OF JULY PARADE,"which agreement shall hereinafter be referred to as the "Original Agreement," and The Original Agreement provides that upon mutual agreement,the parties may extend the it for up to two (2) additional years; and City and Pageantry mutually desire to extend the Term of the Original Agreement for an additional two-year period, to allow for the coordination and management of the 2008 and 2009 41h of July Parades by Pageantry, NOW, THEREFORE, it is agreed by City and Pageantry as follows: 1. EXTENSION OF TERM; ADDITIONAL COMPENSATION The Original Agreement is hereby extended for an additional period of two (2) years. Pageantry shall perform all tasks set forth in the Original Agreement for the 2008 and 2009 4th of July Parades. Pageantry shall be entitled to additional compensation,payable as set forth in the Original Agreement, as follows: an amount not to exceed Thirty-one Thousand Six 1 15123 Hundred Dollars ($31,600.00) for the 2008 Parade; and an amount not to exceed Thirty-one Thousand Six Hundred Dollars ($31,600.00) for the 2009 Parade. The Original Agreement shall now expire on July 15, 2009. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on Cg'-0- Y , 2007. PAGEANTRY: CITY: PAGEANTRY PRODUCTIONS. INC. CITY OF HUNTINGTON BEACH, A California corporation a municipal corporation of the State of California Dire or of Community g ervices (print or type name) APPROVED AS TO FORM: Its: (circle one)Chairma resident/ ice President ^n ty By: G� - f U 2 �d�- ey io�2,k REVIEWED AND APPROVED: (print or type name) Its: (circle o ecret�rief Fi a c 1 Officer/ ity Administrator as - asurer 2 15123 Su it INSURANCE AND INDEMNIFICATION WAIVER Huntin on Beach© MODIFICATION REQUEST U t_'i DEC 12 2007 1. Requested by: Naida Osline City of Huntington Beach 2. Date: November 8, 2007 City Attorney's®mice. 3. Name of contractor/permittee: Pageantry Productions 4. Description of work to be performed: Production of the 2008 and 2009 4t" of July Parades 5. Value and length of contract: $11,600 per year, 2-year contract, one day event 6. Waiver/modification request: Waive professional liability insurance 7. Reason for request and why it should be granted: Pageantry Productions is unable to obtain this insurance. The company has organized the parade for several years. They are able to comply with all other insurance requirements. 8. Identify the risks to the City in approving this waiver/modification: Unknown risk / p ment Head Signatur Da e: 1 APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management d t e City Attorne 's Office disagree. I. sk Management 1-2- )li,7 Approved ❑ Denied 1 Signature Date 2. City Attorney's Office A14proved ❑ Denied /Z• /Z CFI Signature Date 3, City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services Document3 11/8/2007 3:02:00 PM UO/uo/UI •nu 14-41 rnn auc uua ..aa � Y DATEIMMlDTNYYYY) A CERTIFICATE F LIABILITY INSU ICE 03/asJzoo; (562)869-5351 .(S62)869-3952 THIS CERTIFICATEALTER A Don Dixon & Associates Ins., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I HOLDER.THIS CERTIFICATE DOES NOT ARIEND,EXTEND OR PO Box 5126 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 8141 E 2nd Street, Ste 630 Downey, CA 90241-8126 INSURERS AFFORDING COVERAGE ' NAIC# INSURED Pageantry Productions, Inc, INSURER A: Scottsdale Insurance 0 11904 Long Beach Blvd INSURER8: Mercury Casualty Company ;11908 Lynwood, CA 90262 INSURERC: - - _-_-__.__ INSURER D: INSURER E: i COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABCVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIIF'CATE 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POUCYNUMBER T'6llC'(MWDC`Yl LIMITS LTR NSR DATE MM.DD DATE MMiDD/YY GENERAL LIABILITY CLS1363120 01/23/2007 01/23/2008 EACH OCCURRENCE $ 1,()00,000 X COMMERCIAL GENERAL L"iUTY PREMIScS Cs axurence $ 100,000 ^ CLAMS MADE n OCCUR MED EXP(Any one person) $ �51000 A JJ PERSONAL.&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GcN'L.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ - 2 T 000,r(SOD A `i PRO- POLICY -- — - — JECT LOC AUTOMOBILE LIABILITY AC 11016902 02/12/2007 02IL212008 I - COMBINED SINGLE LIMIT 3 ANY AUTO (Ea ac6de-it, 11000,000 ALL OWNED AUTOS BODILY INJURY 3 B X SCHEDULED AUTOS WEIF VED AS T !} 3 (Per per 1) X HIRED AUTOS DI " ' BODILY tNJURY y (Pe:acaderq $ X NON-OWNED AUTOS C Z—;rtt me PROPERTY DAMAGE $ - (Peraccdert) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S I_ ANY AUTO OTHER THAN EA ACC S RAUTO ONLY: 'AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S 03CUR CLA(P.4S MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS`LIABILITY TORY LIMITS ER _ AMP PROPRIFTOR/PARTNER/EXECU71V[ E.L.EACH ACCIDENT b OFFICER/MFMBER EXCLUDEDT E.L.DISEASE-EA EMPLOYE $ If yes,desraibe urdEt SPECIAL PROVISIONS bolory E.L.DISEASE-POLICY-LIMIT-I$ OTHER DESCRIPTION OF OPERATIONS;LOCATIONS(VEHICLES)EXCLUSIONS ADDED BY END RSEMENT I SPECIAL PROVISIONS he City of Huntington Beach is named Additional Insured per attached CG2010 07 04 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DE5 .0 ED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE 1 ING tNSURrR WILL ENDEAVOR TO MAIL City of Huntington Beach 3_0 DAYS WRITTEN NOTICE T T "CERi IC E HOLDER NAMED TO THE LEFT, Ccxr>+twni ty Services Dept. j B ALLURE TO MAIL SUCH NO CC HALL E NO OBLIGATION OR LIAMUTY 200D Main Street OF 1 0 UPON TH INSUR R AGEN S RREPRESENTATIVES. Huntington Beach, CA 92648 AUT ESENr TIVE Mar ACORD 25(2001/08) Ur ©ACORD CORPORATION 1988 UJ/U,5"U/ 1-HU 14.14 rAA JUL our JnJG .�v .�. w ......-•-I�.. _ a , I POLICY[+1Uflt18ER: CLS 1363120 IOMM MCIAL OENERAt.,LIABILITY I CO20100T04 THIS ENDORSEMENT CHANGF-8 THE POLICY. SEA E READ IT CAREFULLY. ADDITIONAL INSURED ® , LESSEES CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsoment modifies insurance provided under the fcllosuing: COMMERCIAL GENERAL LIAEILITY COVERAGS PART SCHEDULE i Name Of Additional InsnEutrad Pamon(sa) Cr Orr anizatiott(sg); t,ocatl nv $ Of Covered OpGritions General Liability operations e. c_ty of Huntington Beach, its agents, of t e insured tl;ro.sghout officers and employees and the -�',edevelopr. t the policy year. Agency of the City of Huntington; Beach i I i information required to complete this Schedule if not shown thove,.wlil be s I hown in the Deciaratioos, A. Section iI — Who Is An Insured is amended to E. With retpeotl to the insurance afforded to these Include as an additional insured the persatt(s) or additional ins reds, the following additional. eaotu� otganizaticn(s) ahown In the schedule, but only slops apply: with respect to liability for "bodily injury", "propkly This Insursanao does not apply to'Ucilly Injury' or damage" or "perzonal and advertising Injurer "property danr,agell occurring after, caused,In whole or in park,by: 1. Your acts cramissltins;car 1. All Work, `noiudtng materials, parts or sgt�ip- ment fuml had In connedon with such work, 2, The acts Qr omissions, of those acting an your on the proj act(other then sarvice, ristnteriatnce behalf; at repairs) to be performed by or oil behalf of In the performance of your ongoing operations for the additional inaured(s) at the location of the the additional Insured(g) at the location(s) desig. covered o eratlone hes been cornpletad;or nated above. 2, That porn n of "your work" out of which the Injury or d mage artsas has bean put to ifs IA. (ended wso by any person or organization other than anger contractor or subt:ontractor enr g$gss! in Orfarming operations for sa print+pal as a part qJ the asam®project. i i a i i i i . CG 2010 07 04 0 160 Prepertiea, Inc,,2004 I Page 7 of 1 Q POLICYHOLDER COPY Sc STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-01-2007 GROUP: POLICY NUMBER: 1794000-2007 CERTIFICATE ID: 7 CERTIFICATE EXPIRES:07-01-2008 07-01-2007/07-01-2008 CITY OF HUNTINGTON BEACH SC ATTN NADIA OSLINE\SPECIFIC EVENTS SPVSR 2000 MAIN ST HUNTINGTON BEACH CA 92648 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTORIZED REPRESENTATI F PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. AP � S TO FORM AMGRTH,City AttOMey EMPLOYER WORLD WIDE SPECTACULARS INC Sc 11904 LONG BEACH BLVD LYNWOOD CA 90262 [RD7,CS] (REv.2-05) PRINTED 12-06-2007 E CITY OF HUNTINGT N BEACH . _ Professional Service Contracts : Purchasing Certification Amendment # � Date: 11/8/07 1. Department: Community Services 2. Requested By: Naida Osline 3. Name of Consultant: Pageantry Productions 4. Amount of Original/Prior Contract: $11,600 + $20,000 expenses 5. Additional Compensation Requested: $ 63, a2 6) 6. Reason for Contract Amendment: Previous one-year contract allowed for the extension of the contract for two additional years 7. Are sufficient funds available to fund this contract? Yes ® No ❑ 8. Business Unit and Object Code where funds are budgeted: 20445803.69365 D`p I a ent Head Signature RCARDAMADRIL Central Services Manager • �IV CONTRACTS SUBMITTAL TO t. CITY CLERK'S OFFICE 2007MAR 22 AMU: 01 To: JOAN FLYNN, City Clerk Name of Contractor: Pageantry Productions Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Coordination & Production of the 2007 4th of July Parade Amount of Contract: $31 ,600 Copy of contract distributed to: The original insurance certificate/waiver distributed El Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: 2Id,7 Name/ ension City ttorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal OJ(1 G. PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 1g eaw 7i~y r 9,9.6..a 7`1,0,-ZS Q FO Gl a o�di',-7A 7�i®� /•�►or,�G,r�fip� a��j e aooT y�/ o f Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Coo..o7.'�u�ia� a ��odlac �io � 00C 1-4r .2007 yf�a,0cJ,7% y THIS AGREEMENT ("Agreement") is made and entered into this day of k 2007, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and e e n;1,y P,o d c. c A.o,s a Cc_A e-,, In hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to �o��ol�%,a�P a•.ol�rool+�c� ��.t �007 y N'u .0 y Ail—ode ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as'the "PROJECT." CONSULTANT hereby designates 'r-, LoM a .S who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 1 0/1 510 1-A 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY(the "Commencement Date"). This Agreement shall expire on :Ir", 2oo'7 , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than �'� 2 ao 1 from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed .% -/y O n f*+y a I ra/ Dollars ($ ?/, G°o. ). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/forms/profsery 10/15101-A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agree/forms/profsery 1 0/1 510 1-A 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. agree/forms/profsery 1 0/1 510 1-A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense,hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profsery 1 0/1 510 1-A 5 all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/forms/profserv10/15/01-A 6 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach &o*44 e/- a^ r ATTN. J,*e-% a. En4�1 I}TrN.• V��or+•'ra Lo«�ot 2000 Main Street Huntington Beach, CA 92648 //9 y y (,o .n a Rt c r !, L•�., ��d, CAS+ ���� Z 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/forms/profsery 10/1510 1-A 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision,of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agree/forms/profserv10/15/01-A 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agree/forms/profsery 10/15/01-A 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profsery 10/15/01-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 1 Dire for f es !.1 ,art a ws r By:_ (Pursuant To HBMC 3. .100) print name _ ITS: (circle one)Chairman/Presiden,.. ice President APPR D AS TO FORM: AND City Attor i5 £ By. ( ( v�l REVIEWED AND APPROVED: . 5, print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. �f ' Secretary—Treasurer C>ty Administrator (only for contracts$50,000.00 and over) 4 l agree/forms/profsery 10/15/01-A 1 I Our'o-i/2007 08:46 5623839084 PAGEAN'R PAGE 1)14J WMRWI;, tkid P&Vtks boitto hbvo tainod fts ASmMont 0 ht rA=V*,d by aW &-,ouSh t6air ",mri%W officoo *4 d&y, moptb and year fits, jb4(ve ,**dtwA. a 7011ni&lpw 0"hwotl 6f the ftm of Ciald�xr i a ^Dl ffs" A"ROVED AS TOFORf& AND City Ammvy PXVrfi*WED AND APPROVIED City Admisk"tr EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Consultant will provide for the production and coordination of the city's annual 4th of July parade. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Consultant will provide the following: 1. 6' Musical Sweepstakes Award 2. Float Sweepstakes Award 3. Firecracker Award 4. Patriotic Award 5. John Philip Souza Award 6. All necessary 1st, 2na, 3rd place awards 7. 4th and 5th place awards in band classes 8. F.M. communications for day of parade 9. All necessary participant vehicle passes 10. All necessary unit numbers and pins for day of parade 11. Staff for parade check-in, formation and parade starter. 12. Consultant representative to attend all necessary parade meetings 13. Contact and arrange for Southern California Judges Association and a Professional Equestrian Judge. 14. Postage for mailing of all applications, letters of acceptance and non-acceptance 15. Mail all applications to most up-to-date mailing list 16. Process all returned applications 17. Prepare and mail all letters of acceptance, parade maps and passes. 18. Answer all calls to your office from participants,judges, and local agencies. 19. Supply parade judges with all necessary paperwork. 20. Formulate parade line-up. 21. Write parade script for onsite announcers (local input must come from the parade committee). 22. Provide necessary line-ups and maps for day of the parade 23. Provide award sheets for parade judging results 24. Provide all necessary directional signs for formation area 25. Prepare copy for printing of parade applications C. CITY'S DUTIES AND RESPONSIBILITIES: City will provide the following: 1. Parade Pre-hosting for Dignitaries 2. Portable restrooms in the formation, disbanding and judging areas 3. Distribute all press releases to local newspapers 4. Act as liaison between local service clubs, businesses and consultant 5. Secure the Parade Grand Marshal 6. Clear all necessary permits, routes and facilities jmp/contracts group/exA/1/26/07 EXHIBIT "A" 7. Arrange for adequate reviewing and judging stands, with electrical power,tables and chairs for day of parade 8. Supply additional staff manpower day of parade 9. Coordinate for all formation, parade route and disbanding areas to be posted with "No Parking" signs. D. WORK PROGRAM/PROJECT SCHEDULE: Contractor will work with the City year-round on the planning of the event, which is held on July 4, 2007. The contract will be in effect upon approval for a period of one (1)year. If it is mutually agreeable to both the City and the successful contractor,this contract may be renewed on an annual basis for up to two (2) additional years. jmp/contracts group/exA/1/26/07 EXHIBIT "B" Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to a full payment towards the fixed fee set forth herein in accordance with the following fee schedule: A one time payment of Eleven Thousand Six Hundred Dollars($11,600)to be paid on July 4,2007. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Reasonable costs and expenses may not exceed Twenty Thousand Dollars($20,000). jmp/contracts group/exB-1/1/26/07 1 EXHIBIT B Alternative#1 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification RECEOVED 1. Date: 12/6/2007 2. Department: Community Services MAR 12 2001 3. Requested by: Naida Osline City of Huntington Beach city Attorney's Office 4. Name of consultant: Pageantry Productions 5. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicited consultants in your answer to 11 of this form. 6. Amount of the contract: $11,600 + $20,000 expenses 7. Are sufficient funds available to fund this contract?' ®Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes ❑ No 9. Company number and object code where funds are budgeted: 20445803.69365 10. Is this contract less than $50,000? ® Yes ❑ No 11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 12. Is this contract over$100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). 15. Attach proposed scope of work. 16. Attach proposed payment schedule. eprWneni Head Si 7HARb AMADRIL, Manag r Purchasing/Central Services 1. If the answer to this question is"No,"the contract will require approval from the City Council. 4th of July Parade Proposals Requested from the Following: Pageantry Productions 11904 Long Beach Blvd. Lynwood, CA 90262 3/0 -,t37 - Y-2Yo Pro Event PO Box 60364 Worchester, MA 01606 American Corporate and Event Entertainment Group 18219 Hatteras St. Tarzana, CA 91356 su V INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQU Hunw a® � EIVED DEC 0 8 2006 1. Requested by: Naida Osline 2. Date: December 6, 2006 City of Huntington Beach City Attorney's Office 3. Name of contractor/permittee: Pageantry Productions 4. Description of work to be performed: Coordinaton and production of 2007 4th of July Parade 5. Value and length of contract: $11,600 6. Waiver/modification request: Waiver of Professional Liability Insurance 7. Reason for request and why it should be granted: Pageantry Productions is unable to obtain this insurance. The company has organized the parade for several years. They are able to comply with all other insurance requirements 8. Identify the risks to the City in approving this waiver/modification: There is minimal risk to the City as the contractor reports to the 4 t h of July Board, who ultimately make all decisions. © epartment ead gnature Date: APPROVALS Approvals must be obtained inthe order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and thiOcity Attorney's Office disagree. 1. (j is Management � , Approved ❑ Denied Z1z=Zd1 Signature Date 2. City Attorneys Office proved ❑ Denied �Slllure Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted'to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services Document1 12/6/2006 9:48 AM 0310$!0 i THIJ 12:41 FAX 562 869 3952 DON DIXON_&_ASSOCIATES __ _ 002 ACORD CERTIFICATE OF LIABILITY INSURANCE T-DATE{MWDDIYY`W,j ; --TM 03/08/2007 PRODUCER (S62)869-53S1 (562)869-3952 THIS URTIFICATE IS ISSUE15 TS A MATTER Don Dixon & Associates Ins., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box S126 HOLDER.THIS CERTIFICATE DOES NOT ANIEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELCy;"11. 8141 E 2nd Street, Ste 630 - Downey, CA 90241-8126 INSURERS AFFORDING COVERAGE NAIL 11 INSURED Pageantry Productions, Inc, INSURER,': Scottsdale Insurance OZ 67 �- 11904 Lang Beach Blvd INSURER 8: Mercury Casualty Company___ 11908 Lynwood, CA 90262 INSURERC: ___--_— _ _—�-- INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUiREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE iNS'-JRy'ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -womTEFFi ZI I XP A'fl LTR NSR TYPE OF INSURANCE POLICY NUMBER GATE MFA,'DD DATE MMiDD/VY LIMITS GENERAL LIABILITY CLS13631ZO 01/23/2007 Q1/23J2008 EACH OCCURRENCE F- CLAIMS 1,.000,000 )( COMMERCIAL GENERAL LIABILITY RERTE6 PREMISES Ea axurence _100,�O ` MADE I OCCUR MED EXP(Any one Person) 5 00O A 1 , PERSONAL.&AUV iNSURY $ 1,00o,00 GENERAL AGGREGATE I S 2,000,000 GENL AG^zREaATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2 O ® POLICY -'PRO- .._._ T_�— --- JECT LOC AUTOMOBILE LIABILITY AC 11016902 02/12/2007 02/12/2003 COMBINED SINGLE I.IPt71'f 3 ANY AUTO (Ea accident) _w 1S 00O 2 000 ALL OWNED AUTOS BODILY INJURY $ B X SCHEDULED AUTOS E: VED AS T (Perpereanl X HIREDAUTOS �)�3�� BODIL.YINJURY � x NON-OWNED Avros E IF c i Att mey (Per ac aderri) _-- PROPERTY DAMAGE $ (Per dcti dertj GARAGE LIABILITY AUTO ONLY-EA ACCIDENT I ANY AUTO OTHER THAN ACC $ AJTOONLY: AGG $� -- EXCESStUPt6RELLA LIABILITY EACH OCCURRENCE $ 0=1LIR CLAfMS MADE AGGREGATE $ — $ DEDUCTIBLE �� $ _ RETENTION R }- $ WORKERS COMPENSATION AND ' EMPLOYERS'LIABILITY TORY LIA9ITS ER ANY PROPRIFTOR/PARTNEWEXECil IV[ E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED E.L.DISEASE-EA EMPLO YEN$ IF yes,describa urde - -' SPECIAL PROVISIONS bela,� E.L.DISEASE-POLICY-IPAIT 1$ OTHER DESCRIPTION OF OPERATIONS i LOCATIONS!VE IDLES I EXCLUSIONS ADDED 13Y ND RS ENT I SPECIAL P VISIONS he City of Huntington Beach is named Additional Insured per attached CG2010 07 04 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESC . ED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE( ING INSURER WILL ENDEAVOR TO MAIL City of Huntington Beach _39_DAYS WRITTEN NOTICE Tt CERTJF G E HOLDER NAMED TO THE LEFT, ttl>frim CQn i ty Services Dept. q B AILURE TO MAIL SUCH NO HALL E NO OBLIGATION OR LIABILITY 2000 Main Street \OF I O UPON THP INS UR tr AGEN s R REPRESENTATIVES. Huntington Beach, CA 92648 ALIT ESENr TIYE Mar. ACORD 25(2001108) Le r OACORD CORPORATION 1988 03/08/07 THU 12:12 FAX 582 869 3952 DON DIXON & ASSOC,IA'IFS ZOO.4 POLICY NUMBER: CLS 13631Zd Ct7�li�FMCIAL OENERAI«LIABILITY 6G 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEA E READ IT CAREFULLY. ADDITIONAL INSURED - OWNER j LESSEES OR CONTRACTOR �- CHEDULED,PER ON OR ORGANIZATION This endorsement modifiea insurance provided undarthe following: COMMERCIAL GENERAL LIAI31LITY COVERAGE PART SCHEDULE i Name Of Additional Insured Parson(s) I t~1r Or' ertilz&tiQrt s ; ocatl n s Of Cvered O aritions Gene al L7ib' ility opexations T e City of Huntington Beach, its agents, of t� e insured throughout officers and eirpl_oyees and the --Pad eve lopv.e aL the policy year. Agency of the City of Huntington Beach �( i I I Info mation rc uired to complete this Schedule, N not shown above,wiii ba 8 awn in the Dactaratio6i s. A. Section 11 — Who Is An Insured is amended to S. With respects to the insurance afforded to these Include as ar; additional insured the persan(s) or additional lns�reds, the following additional eZcfu organization(a) shown In the Schedule, but only sions apply: with respect to liability for "body injury", "property This insurancle does not apply to ""bodify Injury" or damage" or "pemonal and advertising lnjc ry" "property dar aga"occurring after, caused,in whale or in part,by: 9. Your acts or Q►nissioRs;or 1. Ail work, `noluding materials, parrs or egwp- ment furnl had in connect!on with such work, 2. The acts or omission& of those acting on your on the pro set (ether them sarvice, maintenance behalf; or repairs)l to be performed by or on behalf of In the performance of your ongoing operations for the additional insured(s) at the location of the the additional insurad(s) at the location(s) desig- covered 0 orations has been completed;or nated abode. 2. That portl n of "your work" out os which the injury or Ornage ariass has bean put to its In- tended it",by any person or organization other than another contractor or subcontractor an- gagoo in Orforming aparaticns for a prino pal as a part 01 the some project, i i a I CG 20 10 07 04 0 130 Properti®a, Inc,, 2004 1 Page 1 of 1 POLICYHOLDER COPY SC STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-01-2006 GROUP: POLICY NUMBER: 1794000-2006 CERTIFICATE ID: 7 CERTIFICATE EXPIRES: 07-01-2007 07-01-2006/07-01-2007 CITY OF HUNTINGTON BEACH SC ATTN NADIA OSLINE\SPECIFIC EVENTS SPVSR 2000 MAIN ST HUNTINGTON BEACH CA 92648 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you t0 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTHORI�ZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. tP OVE FO ERCo H, ity Attorney EMPLOYER WORLD WIDE SPECTACULARS INC SC 11904 LONG BEACH BLVD LYNWOOD CA 90262 M0409 PRINTED : 06-19-2006 (REV.2-05)