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HomeMy WebLinkAboutPageantry Productions - 2012-06-01 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAGEANTRY PROUCTIONS THIS AMENDMENT is made and entered into the day of �kM{ 2015, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and PAGEANTRY PRODUCTIONS, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated June 28, 2012, entitled"Professional Services Contract Between The City Of Huntington Beach And Pageantry Productions For Coordination and Production of the 2012 Fourth of July Parade," which agreement shall hereinafter be referred to as the "Original Agreement,"and City and Consultant wish to extend the Term of the Original Agreement for an additional three-month period, NOW, THEREFORE, it is agreed by City and Consultant as follows: I. EXTENSION OF TERM The Term of the Original Agreement is hereby extended for an additional period of three months. The Original Agreement shall now terminate on September 30, 2015, unless further extended by mutual written agreement by the parties, or sooner terminated as provided in the Original Agreement. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. I 15-4762/121692 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. CONSULTANT: CITY: PAGEANTRY PRODUCTIONS CITY OF HUNTINGTON BEACH, a California corporation a municipal corporation of the S Cal' a By: tty Ta a r (print or Its: (circle one)Chairma reside ' e President By: APPROWATO;FORM: ti, S got or a name) Its: (circle one)Secretary/chief Financial Officer/ Ci e R VED AS TO FO INITI ED, REVIEWED AND APPROVED: D' e ounity Services Michael Gates,Gty Attorney 2 15-4762/121692 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Community Services 2. Date: June 29, 2015 3. Name of contractor/permittee: Pagentry Productions 4. Description of work to be performed: 4th of JUIy Parade 5. Value and length of contract: July 4, 2015 6. Waiver/modification request: $2,500 Auto Deductible 7. Reason for request and why it should be granted: Unable to comply with requirements. 8. Identify the risks to the City in approving this waiver/modification: N/A p ent Head Signature Date: 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 and toe City Attorney's Office disagree. 1. i Management , Approved El Denied �� Signature Date 2. ity Attorney's Office / Approved ElDenied Signature IDate 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 Human Resources Insurance Waiver Form.docx 6/29/2015 9:03:00 AM A6 ® DA EwYAxxY l CERTIFICATE OF LIABILITY INSURANCE osne2o,5 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: N the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemem(s). A'G NAMEA.E PRODUCER : Ron liesa IOA Insurance Services AXONE Aic Ne 323-9514266 16000 Ventura Blvd.,Suite 400 EMAIL ADDRESS: Encino,CA 91436 CUSTOMER PRODUCER Phone:323-9514200 FAX:323-9614266 Msu s AFFdRONG cn,IEnncE NACa INSURED NSURERA:SL Paul Travelers Fire&Marine Insurance Co. 24767 ....nu.�r�,� wsuRER e: World Wide Spectaculars dba Pageantry PmduaBon INSURER C: 80571st Sheet MSUnsRD: Paramount CA 90723 INSURER E' INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE-USTED 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 NTH 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.UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MBR TYPE t1F Ma11R11r/CF. PCIJCY NUYBER FsUcIBF POIJCY Wr1H R nsponnnna A r,ENssva-uA 51 MDP46ZZP-15 06I232015 06232016 En Ooo)NRENCE 41000001) % COMMERCIAL GENERAL LMBIUTY X ., PREMISES EAamnA,m aso am CWMS-MADE aOCCUR WDE (A,ProP ) 45,000 PERSONALa AO✓INJURY 41,000.000 GFIJERALAGGREGATE a 2.01301000 GENLAGGREGATEUMm APRUESPER PROWGrS'COYPOPAOG 4 X1 POLICY JTR Loc 4 A AutoscaftE UJUDUTY 51 MOBWZZP-15 DS2312015 08220 316 COMBINED S INGLE LIMIT a 1,000,000 ANY AUTO X -F BODILY INJURY(Pa pYcn) a ALL OWNED AUTOS Physical Damage: aooLYINJuRYryw WddK4 a X BCMDULED AUTOB $125.000 Per Vehicle PROPERTY DAMAGE % IBREDAIMOS $2,000,DDO Aggregate (P. Urn a % tJONovMEO AUTOS Deductible:10%of Loss, a % PHYS.DAMAGE 52,500 MIN 157,500 MAX a IIM9tELA lJAB OCGat EACH OCCURRENCE It Eaf4lUB CWILSWOE AGGREGATE a DEDUCT a RETENTON a 'a A vroRNL�scoMPEIt�Tx,N rIx 4291T811U815 06232015 OB232018 X xtsrATt1- a AND EMPLOYERS LUI&LRY ANY PR RI OPRIETOPARTNERIEXECtf E NIA �� EVIDENCE ONLY EL EACH ACCIDENT i OFFICERIMEMBEA F CWDEVI (N. tm In NH) EL DISEASE-EAEMPL a1,000,000 It yes,d.te weer EL D16ENBE-POLICY UMn a DESCRIPnON OF OPETUTIONS I LOGTIONS/VBIIQES p1nALrI ACORD 1M,gdeiBenal RemaHs SeNeNNe,x men q,0 Y rglulnEl City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as Additional Insured as respects claims arising out of the negligence of the Named Insured.The insurance captioned above is primary and noncontributory with any insurance held by or to the benefit of the Additional Insured.30 Days Notice of Cancellation,Except 10 Days Notice for nonpayment of premium.RE:Special Event I Parade. CERTIFICATE HOLDER CANCELLATION City Of Huntington Beall PU ANY OF THEI. TSORIBED mBE AoDAE�UIRAnON DAM THEREOFNOTrMU BE DDry M ACCORDANCE THE POLICY PROWOONS. Fax:(323)567-0725 2000 Main Street ADTHORDFD REPRESENTATIVE Huntington Beach,CA 92648-2702 �©(1198888-200✓9 ACORD CORPORATION. All rights reserved. ACORD 25(20D9I09) The ACORD name and logo are registered ppar"RGtA ffAS TO FORM Sir �„ MiC)ael Gates, Clty Attorney W4 PM1^r World Wide Spectaculars dba Pageantry Production 8057 1st Street Paramount,CA 90723 POLICY NUMBER: 51M08446ZZP-15 I St. Paul Fire and Manna Insurance Co. COMMERCIAL GENERAL LIABILITY es EFFECTIVE: June 23, 2015 to June 23,2016 THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART; SCHEDULE; Name of Organization: City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 (If no entry appears above,the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section 11)is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Modification to ISO form CG 20 10 11 85: 1. The insured scheduled above includes the Insured's officers,officials, employees and volunteers. 2. This insurance shall be primary as respects the insured shown in the schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. 3. The insurance afforded by this policy shall not be canceled except after thirty days prior written notice by certified mail return receipt requested has been given to the Entity: City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648-2702 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b)of section 2782 of the Civil Code. CG 20 26 1185 Page 1 of 1 Pageantry Productions ._ (562) 618-5558 &Awards (562)421 441 I fax 15735Ga�eld Ave.#33 �' r ;44V v pageantryproductions.com Paramount,CA 90723 A Division of World H;de Spectaculars,Inc. Chris Cole Specific Events Supervisor City of Huntington Beach Community Services Department 2000 Main Street Huntington Beach,CA 92648 May 13,2015 This is a letter of intent to perform all items same as last year and at thr same price point. We will perform all the items listed on the last performing contract and will try to maintain all of last years prices with our coordinating Vendors. Thank you for this oppertunity in 2015. u,)WZZ .qN LO7n45 William Lomas Parade coordinator PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Pageantry Productions FOR COORDINATION AND PRODUCTION OF THE 2012 FOURTH OF JULY PARADE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and , a Pageantry Productions hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to coordinate and produce the 2012 Fourth of July Parade; 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 William Lomas who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional sves 50 to 100 12-07 1 of l I 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 on June 1, 2012 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three months from the Commencement Date. 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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 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 thirty thousand Dollars ($30,000). 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/surfnet/professional Svcs 50 to 100 12-07 2 of 11 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 (or alleged 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 approve selection of CONSULTANT's counsel. This indemnity shall agree/surfnet/professional sves 50 to 100 12-07 3 of 11 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that agree/surfnet/professional Svcs 50 to 100 12-07 4 of 11 insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 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. 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. agree/surfnet/professionO svcs 50 to 100 12-07 5 of 11 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 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 heremabove. agree/surfnet/professional svcs 50 to 100 12-07 6 of 11 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. 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 William Lomas ATTN: Laurie Frymire 15735 Garfield Ave. #33 2000 Main Street Paramount, CA 90723 Huntington Beach, CA 92648 agree/sur net/professional svcs 50 to 100 12-07 7 of 11 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. 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 agree/surfnet/professional sves 50 to 100 12-07 8 of 11 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 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. IMNIIGRATION 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. agree/surfnet/professional sves 50 to 100 12-07 9 of 11 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, 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 nonprevailing 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's Initials 28. 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 party's behalf, which are not embodied in this Agreement, and that agree/surfnet/professional svcs 50 to 100 12-07 10 of 11 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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of [cowANY NmAq Pageantry Productions California By: City Manager IVI IIIA" INITIATED AND APPROVED: print name ITS: (circle one)Ch Asidenice President AND By: , J A-K Ll�i ern print name APPROVED AS TO FORM: circle one)Secretary/Chief Financial Officer/Asst. ecre —Treasurer (� L" -City Attorney Date (J� Z�'/Z-o t v agree/surfnet/professional sves 50 to 100 12-07 11 of l l EXHIBTI' "A'/ A. STATEMENT OF WORK: (Narrative of work to be performed) Pageantry Productions 15735 Garfield Ave# 33 Paramount, Ca 90723 562.618.5558 Office /Fax 562.869.1927 Monday to Friday 8am-5pm April 26, 2012 City of Huntington Beach Mrs. Laurie Frymire 2000 Main Street Huntington Beach, CA 92648 We at Pageantry Productions hereby agree to assist the City of Huntington Beach for the 108th Annual 4th of July Parade on Wednesday, July 4, 2012. We agree to assist the City of Huntington Beach with the use of our most up-to-date mailing is to obtain entries for the day of parade. We at Pageantry will provide the following: 1 3ft Float Sweepstakes EXHIBIT A 1 3ft Patriotic Award 1 3ft John Philip Sousa Awards 1 3ft Fire Cracker Award 1 Grand Marshal Plaque All necessary 1 st, 2nd and 3rd place awards for up to 4 classes All necessary participant vehicle passes All necessary unit numbers with pins for day of parade Staff for parade check-in, formation and parade starter A Pageantry representative to attend all necessary parade meetings Postage for mailing of applications, letters of acceptance and non-acceptance Contact and arrange for float Judge Make parade participant applications available on Pageantry Productions website Pageantry Staff will: Mail all applications Process all returned applications Prepare and mail all letters of acceptance, non-acceptance, parade maps and passes Answer all calls to the Pageantry office from participants,judges and local agencies Supply parade judges with all necessary paperwork Formulate the parade line-up Write the parade script and provide up to 2 copies for day of parade Provide necessary line-ups and maps for day of parade Provide award sheets for parade judging results EXHIBIT A Provide necessary division line up signs for the formation area TOTAL COORDINATING SERVICES .........................................$ 13,000.00 Postage .................................................................. $ 300.00 TOTAL $ 13,300.00 Page 2 City of Huntington Beach 4th of July Parade July 4, 2012 Additional Budget Items: Professional Judges for the Floats...............................................$200.00 Announcing Stand Decorations...................................................$500.00 ShuttleBus.............................................................................$700.00 Float Awards& Plaques............................................................$700.00 TVScript...............................................................................$1500.00 Hospitality Tents/table/chairs& decorations.................................$600.00 Ribbons..................................................................................$800.00 Signs for Dignitaries(40 Sets)... $ 20.00 per set plus tax $66.00..... $ 866.00 EXHIBIT A Band Assistance .................................................................... $ 8,500.00(to be used as necessary) Hand Held American Flags....................................................... $Obtain price quote Horse Drawn Vechiles.... (2 @ $750.00 each)...............................$1,500.00 VIP Cars ....... (maximum 8 $ 80.00 each)....................................$640.00 Certificate of Insurance (if required) ............................................ $ 250.00 The City of Huntington Beach 4th of July Parade hereby agrees to provide/perform the following: Parade hosting for dignitaries Portable restrooms in the formation, disbanding Distribute applications to local entries Distribute all press releases to local media Parade committee must supply all radios for the parade Parade committee must supply all golf carts for the parade Act as liaison between local service clubs, businesses, city agencies and Pageantry Clear all necessary permits Acquire the Parade Grand Marshal Arrange for adequate reviewing, with electrical power, tables and chairs for day of parade Supply additional staff manpower for day of parade Arrange for parade announcers Arrange and carry necessary insurance EXHIBIT A Coordinate for the formation, parade route and disbanding areas to be posted with"no parking" signs WE PROPOSE TO FURNISH LABOR AND MATERIALS, COMPLETE AND IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS, AND SUBJECT TO CONDITIONS FOUND IN THIS AGREEMENT FOR THE SUM OF TWENTY NINE THOUSAND EIGHT HUNDRED AND SIX DOLLARS AND ZERO CENTS $29,806.00 PAYMENT AS FOLLOWS: PAYMENT IN FULL DAY BY MONDAY, JULY 2, 2012 ACCEPTED. The above prices, specifications and conditions RESPECTFULLY SUBMITTED Are satisfactory and are hereby accepted. You are authorized WORLD WIDE SPECTACULARS, INC. to do the work as specified. Payment will be made as outlined above. d/b/a PAGEANTRY PRODUCTIONS DATE OF ACCEPTANCE: S� / BY: William Lomas BY ///f/ 'v► BY EXHIBIT A B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A EXHIBIT "B" Payment Schedule(Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. 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. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) 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 E) 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. 4. 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. Exhibit B su , ii INSURANCE AND INDEMNIFICATION WAIVER H�, .�,® MODIFICATION REQUEST 1. Requested by: Laurie Frymire 2. Date: May 15, 2012 3. Name of contractor/permittee: Pageantry Productions 4. Description of work to be performed: Production of the 2012 Fourth of July Parade 5. Value and length of contract: 6/1/12 -9/1/12 $30,000 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 more than 10 years. They are able to comply with all other insurance requirements. 8. Identify the risks to the City ' approving this waiver/modification: N/A s'/oi/) Department H d Signature ate: ` 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 an t City Attorney's Office disagree. i Management Approved ❑ Denied Signature Date 2. City Attorney's Office Q Approved ❑ Denied Si re D to 3. City Manager's Office / Approved ❑ Denied Signature Date If approved,the completed waiver/modification request is to be submi ed'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 Human Resources - CITY OF HUNTINGTON BEACH .u.: Professional Service Approval Form PART I Date: 5/15/2012 Project Manager Name: Laurie Frymire Requested by Name if different from Project Manager: Department: City Manager PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for-the agreement: Coordination and Production of the 2012 Fourth of July Parade 2) Estimated cost of the services being sought: $ 30,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b)—Other Interagency Agreement procedure will be utilized. ® MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City,C,oun 'I.) ® Yes ❑ No Fiscal Services Manager Signature Date 6) Amount, Business Unit (8 digits) and Object Code(5 digits)where funds are budgeted (Please note that a budget check will occur at the object code level): 20445803.69365 $ 30,000 $ l0 5 dget pproval Da e epa enVRead Sig na refs) ate �/D Director of Finance's Signature Date Deputy City Manager's Signature Date APPROV DENIED ❑ 4K City Manager's Signature Date CITY OF HUNTINGTON BEACH Professional Service Approval Form PART Il Date: 5/15/2012 Project Manager: Laurie Frymire Requested by Name if different from Project Manager- Department: City Manager PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant- Pageantry Productions 2) Contract Number: ADM (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ 30,000 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) 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 the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. 0-a-u bc Budget proval D ature to Direct r of Finance (or designee) Signature Dafe I ,acoRo® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 6/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT NAME: Britton-Gallagher and Associates, Inc. a/c°No Ext:4 -24 -4711 A/c No):440-544-1234 6240 SOM Center Rd. E-MAIL Cleveland OH 44139 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lexin_qton Ins QQ 19437 INSURED INSURER B:Granite S tate Insurance Co. 23809 Zambelli Fireworks Mfg. Co. INSURERC: PO Box 1463 INSURER D: New Castle PA 16103-1463 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:806179968 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. ILTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY MM DDIYYYY LIMITS A GENERAL LIABILITY 1619391-04 /1/2012 /1/2013 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $50,000 CLAIMS-MADE K OCCUR ME EXP(Any one person) $ PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO- LOCCOMBINED INGLELIMI1 $ B AUTOMOBILE LIABILITY CA93488084 /1/2012 /1/2013 Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS IX AUTOS Per accident $ A X UM BRELLA X OCCUR 015374897 /1/2012 /1/2013 EACH OCCURRENCE $9,000,000 E CLAIMS-MADE AGGREGATE $9,000,000 DION$10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN T RY L MIT R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ ❑ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Display Date: 7/4/12 or alternate date as per contract. The following are named as Additional Insureds as respects Commercial General Liability Insurance pertaining to the operations of the Named Insured only. The City of Huntington Beach, its officers, elected or appointed officals,employees, agents and volunteers, The Redevelopment of The City of Huntington Beach, California; B.J. Alan Company. Form CG2026,Additional Insured-Designated Person or Organization is attached hereto. CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Laurie Payne 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE