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HomeMy WebLinkAboutPAGENTRY PRODUCTIONS - 2001-06-18• • JA CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 - OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: July 2, 2001 TO: Pageantry Productions ATTENTION: Veronica T. Lomas Name 11904 Long Beach Blvd. DEPARTMENT: Street Lynwood, CA 90262 REGARDING: Services Contract City, State, Zip See Attached Action Agenda Item F-19 Date of Approval 6/ 18/01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x RCA CC: R. Hagan Com. Serv. x Name Department RCA B. Fowler Com. Serv. x Name Department RCA Name Name C. Mendoza Name Department RCA Department RCA Risk Mgmt. x Department RCA Bonds Insurance x Deed Other x x Agreement Insurance Other x x Agreement Insurance Other Agreement Insurance other Agreement Insurance other X Imurance ( Telephone: 714-53"227 ) • b7da r °7 a IZN t (am, �� Council/Agency Meeting Held: 200 ) Nw�� Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied _ ,@City CI s Signature C�+ rsc�►aae� ouncil MeetingVate: t June 18, 2001 Department ID Number: CS 01-041 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratoraW PREPARED BY: RON HAGAN, Director, Community Services �o'` SUBJECT: APPROVE A THREE-YEAR AGREEMENT WITH PAGEAN-r Y - � PRODUCTIONS TO PRODUCE AND STAGE THE FOURTPOOF62 JULY PARADE ON AN ANNUAL BASIS BEGINNING IN 20 -1r,J v Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Staff is requesting City Council approval of a three-year agreement with Pageantry Productions to produce and stage the Fourth of July Parade. Funding Source: Fourth of July Parade Fund, account number 20445803.69365, to be reimbursed from the Fourth of July fundraising activities and sponsor donations, not to exceed $8,600 yearly. Recommended Action: Motion to: Approve a three-year service contract with Pageantry Productions for production and staging of the Fourth of July parade, and authorize the Mayor -and City Clerk to execute same. Alternative Action(s): Do not approve a three-year agreement with Pageantry Productions, and direct staff to renegotiate the terms and conditions for agreement. Analysis: The Fourth of July Executive board has worked with Pageantry Productions since 1980. A three-year agreement will allow the parade contractor to get a head start on planning and organizing the event in future years, which should result in expanded participation by bands and other potential: parade groups. Pageantry provides all the necessary judges and awards, processes the applications and formulates the parade line-up. They also attend all board meetings, as well as consulting with staff on all aspects of the Fourth of July celebration (see Section' 1 of the contract for more details). The board is looking forward to working closely with Pageantry to make the parade even more fun and entertaining for our city. Due to the unique aspects of this service contract, staff is recommending that the City Council approve this sole source provider. Environmental Status: Not applicable. i l QUEST FOR COUNCIL AC&N MEETING DATE: June 18, 2001 Attachment(s): RCA Author: Bill Fowler DEPARTMENT ID NUMBER: CS 01-041 RCA Pageantry Prod 3 year contract -2- 6/11/01 2:03 PM (19) 0 June 18, 2001 - CounAgency Agenda - Page 19 (�fw) E-19. (City Council) Approve a Three -Year Professional Services Contract with Pageantry Productions to Produce and Stage the Fourth of July Parade on an Annual Basis Beginning in 2001 (600.10) —Approve a three-year Services Contract between the City of Huntington Beach and Pageantry Productions for Production and Staging of the Fourth of July Parade and authorize the Mayor and City Clerk to execute same. Submitted by the Community Services Director. Funding Source: Fourth of July Parade Fund, to be reimbursed from the Fourth of July fundraising activities and sponsor donations, not to exceed $8,600 yearly. [Approve as amended to 12 months and prepare Request for Proposals for Fourth of July 2002 parade] [Approved 6-0-1 (Dettloff absent)] E-20. (City Council) Approve Services Contract Agreement with Pyro Spectaculars for Fourth of July Fireworks Display on the Beach — Approve Insurance_ Liability Requirements (600.10) —1. Authorize the Mayor and City Clerk to approve Services Contract Between the City of Huntington Beach and Pyro Spectaculars, Inc. for Fireworks Display on the Fourth of July in an amount not to exceed $18,000, subject to . receipt of the required insurance certificates and upon approval as to form by the City Attorney; and 2. Approve City's indemnification obligations to contractor set forth in Paragraph 4 of Exhibit B; and 3. Approve contractor's changes to City's standard indemnification provision set forth in Section 6 of the Agreement; and 4. Approve the following changes to commercial general liability insurance coverage: (1) accept deductible of Five Thousand Dollars ($5,000.00) per claim and Fifteen Thousand Dollars ($15,000.00) per occurrence; (2) accept changes to City's commercial general liability insurance to exclude claims made against City for bodily injury or property damage arising from A) failure of City, including through or by its employees, agents and/or independent contractors, to perform its obligations under this Agreement; B) failure of City to provide discretionary spectator and parking areas. Submitted by the Community' Services Director. Funding Source: Fourth of July Parade Fund, to be reimbursed from the Fourth of July fundraising activities and sponsor donations, not to exceed $18,000. [Approved 6-0-1 (Dettloff absent)] E-21. (City Council) Approve In Concept the Execution of an Agreement to be Prepared Between the City and the California Highway Patrol (CHP) for Supplemental Law Enforcement for the Fourth of July Celebration (600.20) —1. Approve and authorize the Police Chief and City Clerk to execute an agreement between the City of Huntington Beach and California Highway Patrol in substantially the same form as the previous agreement executed on July 5, 2000 (shown as attachment 1) and upon approval as to form by the City Attorney; and 2. Authorize the Police Chief to expend up to $25,000 for the services provided by the California Highway Patrol for supplemental law enforcement services for July 4, 2001. Submitted by the Chief of Police. Funding Source: Special Events Overtime Account, $25,000. [Approved 6-0-1 (Dettloff absent)] ATTACHMENT #1 SERVICES CONTRACT BETWEEN THE CITY OF HU'NTINGTON BEACH AND PAGEANTRY PRODUCTIONS FOR PRODUCTION AND STAGING OF THE FOURTH OF DULY PARADE TABLE OF CONTENTS Section Page I. WORK STATEMENT 1 2. DESIGNATED CONTACTS 2 3. TIME OF PERFORMANCE 2 4. COMPENSATION 3 5. TERMINATION OF AGREEMENT 3 6. EXTRA WORK 3 7. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 3 8. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE 4 9. GENERAL LIABILITY INSURANCE 4 10. CERTIFICATES OF INSURANCE 5 11. INDEPENDENT CONTRACTOR 6 12. ASSIGNMEtiT AND SUBCONTRACTING 6 13. CITY EMPLOYEES AND OFFICIALS 6 14. NOTICES 7 15. IMMIGRATION 7 16. LEGAL SERVICES SUBCONTRACTING PROHIBITED 7 17. MODIFICATION 7 18. SECTION HEADINGS 8 19. INTERPRETATION OF THIS AGREEMENT 8 20. DUPLICATE ORIGINAL 8 21. ATTORNEY'S FEES 9 22. GOVERNING LAW & VENUE 9 23. ENTIRETY 9 SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH ANTD PAGEANTRY PRODUCTIONS FOR PRODUCTION AND STAGING OF THE FOURTH OF JLLY PARADE THIS AGREEMENT ("Agreement") is made and entered into this 18th day of June , 2001, 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 "CONTRACTOR." WHEREAS, CITY desires to engage the services of a contractor to produce and stage the Fourth of July Parade, in the City -of Huntington Beach; and The provisions of HBMC Chapter 3.02 relating to procurement of services contracts has been complied with; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: July Parade. WORK STATEMENT CONTRACTOR shall provide all of the following services -for the 2001 Fourth of (a) 1 6' Musical Sweepstakes Award (b) 1 Float Sweepstakes Award (c) 1 Firecracker Award (d) 1 Patriotic Award (e) 1 John Philip Souza Award (f) All necessary 1 st, 2nd, 3rd place awards (g) 4th and Sth place awards in band classes (h) F.M. communications for day of parade (i) All necessary participant vehicle passes 0) All necessary unit numbers and pins for day of parade (k) Staff for parade check -in, formation and parade starter (1) A Pageantry representative to attend all necessary parade meetings (m) Contact & Arrange for Southern California Judges Association & a Professional Equestrian Judge (n) Mail all applications (o) Process all returned applications 2001 agree; Pageantry Productions jrnf jn 6:'2^":'01 (p) Prepare and mail all letters of acceptance, parade maps and passes (q) Answer all calls to our office from participants, judges, and local agencies (r) Supply parade judges with all necessary paperwork (s) ' Formulate parade line-up (t) Write parade script (local input must come from the parade committee) (u) Provide necessary line-ups and maps for day of parade (up to 25) (v) Provide award sheets for parade judging results (w) Provide all necessary directional signs for formation area CITY agrees to perform the following: (a) Provide parade Pre -Hosting for Dignitaries (b) Provide portable restrooms in the formation, disbanding and judging areas (c) Distribute applications to local entries (d) Distribute all press releases to local newspapers (e) Act as liaison between local service clubs, businesses, CITY agencies and CONTRACTOR (f) Secure the Parade Grand Marshal (g) Clear all necessary permits, routes and fadilities (h) Arrange for adequate reviewing and judging stands, with electrical power, tables and chairs for day of parade (i) Supply additional staff manpower on day of parade {j) Coordinate for all formation, parade route and disbanding areas to be posted with "no parking" signs 2. DESIGNATED CONTACTS CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. CONTRACTOR hereby designates Veronica T. Lomas, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. I TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONTRACTOR are to commence as soon as practicable after the execution of this Agreement. This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONTRACTOR. 2003agree: Pageantry Productions:_Imt jn'b.1 55 01 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONTRACTOR a fee not to exceed Eight Thousand Six Hundred Dollars ($8,600) for CONTRACTOR's services for the 2001 Fourth of July parade. CITY agrees that the full and final payment for CONTRACTOR's services is due on or before the Fourth of July Parade. 5. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONTRACTOR's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. If CITY exercises such termination, CITY will be relieved of all liability and obligations to CONTRACTOR, except for payment of work completed. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONTRACTOR as provided herein. 6. EXTRA WORK In the event CITY requires additional services not included in Section 1, or changes in the scope of services described in Section 1, CONTRACTOR will undertake such work after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 7. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR shall protect, defend, indemnify and save hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONTRACTOR's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONTRACTOR, its officers, agents or employees except such loss or damage which was caused by the sole negligence or 2001agree/Pageantry Productions!jmQjnr6/25%0l willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs and attorney's fees incurred by CITY in enforcing this obligation. S. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suit, actions, proceedings, and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONTRACTOR under this Agreement. CONTRACTOR shall maintain workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employers' liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurances and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 4. GENERAL LIABILITY INSURANCE In addition to the workers' compensation and employers' liability insurances and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including automobile bodily injury and 4 2001agree/Pageantry Production s'jmfrjn./bl25i'01 property damage insurance covering the PROJECT. The policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars (S1,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000.00) for this PROJECT. The policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 10. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates 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 policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice. 2001agree/PageantryProduction s:jnnQjn 6125/01 • • CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 12. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated or subcontracted by CONTRACTOR to any other person or entity without the prior written consent of CITY. 13. CITY EMPLOYEES AND OFFICIALS CONTRACTOR 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. G 2001 agrec.'Pageanlry Productions'jmfrjnj:6.'2-i01 14. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 2 hereinabdve) or to CITY'S Director of Community Services, 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 Services, addressed as follows: TO CITY: Ron Hagan Director of Community Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 15. IMMIGRATION TO CONTRACTOR: Veronica T. Lomas Pageantry Productions 11904 Long Beach Blvd. Lynwood, CA 90262 CONTRACTOR 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. 16. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR 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. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 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 CONTRACTOR. 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 2001agreeTageantry Prod uctiony`;mflj') 6.123 01 18. SECTION HEADMIGS The titles, captions, section, paragraph, 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. 19. 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 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 20. 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 2001 aorec:Tawaniry Prod uctionsJmVjn 6'25 01 the date of its execution and delivery, be deemed an original. Each of the parties hereto shall retain an originally signed copy hereof. Each duplicate original shall be deemed an original instrument as against any part who has signed it. 21. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 22. GOVERNING LAW AND VENUE This Agreement and any work plan shall be governed by the laws of the State of California and any and all actions initiated under this Agreement shall be brought solely and exclusively in a court of competent jurisdiction in the County of Orange, State of California and no other court. 23. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing between the parties respecting to subject matter hereof. 2001agree'Pageantry Nrnductinn,�min 6 Z�r'O1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. PAGEANTRY PRODUCTIONS, a California corporation print name ITS: (circle ate) Chairman:`Presid ice Prc - AND By: -1 Av ^fA r print name ITS: (circle one) Secretary/ ief Financial fficer/Asst Secretary — Treasurer I REVIVIED AND r ! n A*� h City Admini CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California N4M May ATTEST• `' City Clerk APPROVED AS TO FORM: n � i City Attorney INITIA ND PROVED: Directo f Community Services 2001agree:'Pageantry Prod uctions:jmfjn::6::25'01 10 _— Jl'`v-12-20a1 13 4S �_ , i:'WiUR ?l,5URtr��';= .PNA,3f^TAsk P.01/02 Certificate Of Insurance LPN 1$SVE DATE 05/22/01 bopr Entertainment THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY &!portsInsurance AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 100 Corporate Pointe / Los Angeles. California 90230 AFFORDED BY THE POLICIES BELOW, 3' 0/ 348-23001 Fax: 310/ 34B-2330 COMPANIES AFFORDING COVERAGE CA@erent;nsurance.com INSURED Pageantry Productions COMPANY LETTER A Commerce & Industry Ronnie Lomas 11904 Long Reach Boulevard COMPANY LETTER g Lynwood, CA 90262 COMPANY C LETTER COVERAGES THIS IS TO CER'IFY THA- THE POLICIES OF INSURANCE'_ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TF'E: POLICY INDICATED, NO`. W'TrIS-AND:NG A.NY RE4l,:REMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W HIC'i THIS CERTIFICATE VAY BE ISSUE;) OR MAY PERTAIN, THE INSURANCE AFFORDED BY 7HE POLICIES DESCRIBED HEREIN :S SUBJECT TO ALL ThE TERIjS, EXCLUSIONS AND CONDITI01S OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN AEOL'CEED BY PAID CLA VS, C° Or TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE POLICYEXPIRATION CATErMkeloof YI LIMITS COMMERCIAL GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 PROOUC75•COMPNPAGG. $2, 000, 000 p GENERAL LIABILITY 281 5325-109523 11/20/00 11/20/01 PERSONAL &AOV.IN,IuRY $2 , 000, 000 OCCURRENCE FORM 12:0 AAA 1201 AM I^ EACmOCCURRENCE $2, 000, 000 F.RE OAMAM (ANY ONE FIRE) $ S 0 , 0 O 0 MEDICAL EXPENSE $ HIRED ✓y NON -OWNED A AUTOMOBILE 281 5325-109523 11/20/00 11/20/01 COMBINED SINGLEL:MIT S2,000,000 LIABILITY WORKER'S COMPENSATION &, EACH ACCIDENT $ EMPLOYER'S LIABILITY EVENT: Parade And Expo EVENT DATE(SI: 07/03/01 - 07/05/01 ADDITIONAL INSURED(S): City Of Huntington Beach, ;[s Agents, Officers And Employees. W"�, CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLXINjjX%Z= MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO City Of Huntington E•each THE LEFT Hill Flower �r�� P. O. Sax 190 AU'HORIZEOREPRESENTATIVC Huntington Beach CA 92548 Glie^t:23K File: 105386 Insw»d 5:2.: (310) 614.11 is Local on Fax; 4 4) 374-5:04 JUN-12-2001 13:45 HARBOUR INSURANCE MANAGMi . P.02i02 This endorsement, effective on 12/20/00 Policy No. 281 5325 109523 Issued to Pageant::v Productions By ENDORSEMENT' at 12:01 A.M. standard time, forms a part of of the Commerce & Indt 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 Person or Organization: City Of Huntirngton Beach, its Agents, officers A-qd Employees. WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the schedule but only to the extent that liability results from the negligence of the Named Insured. TOTAL P.02 +10N 14:07 FAX 310 631 1134 PAGEANTRY -- i NAY._21�2001�1:59?M atcER1�002 42 STATE- P.O.60X t3807,AN FRANClCO CA 94142-080 S S ceMaaNs^rtvK INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE HhY 71, 2001 CITY OF HUNTINGTON BEACH DEPT OF BUILD180 & SAFKTY ItTSK MANAGNMEST DIVISION 2000 MAIN STREET HUNT114009 BF-ACH CA 92649 GROUP: 000373 POLICY NUMBER: 4537-2000 CERTIFICATE ID: 13 CERTIFICATE EXPIRES- 07-01-2DO1 0�-a1-�Oo0y07=ai=Soar This is to certify that we have issued a valid Workers Compensation insurance policy In a loan approved by the Celifnmia Insurance Comsnisaloner to the employer named below for rite policy period indicated. This policy is not subject to canoeilation by the Fund except upon 30 days advance written native to the employer. We will also otv you 31D days adyenee notice Should this policy be aancetled prior to its nufmal expiration. Thla certificate of insurance Is not an insurance porky and does not amend. extend or alter the coverage afforded by the policies listed hersh NotoMsranding any regslirement, term or condition of any contract or *aver domm"t with respect to which this certificate of Insurance may be issued or may pertain, the Insurance afforded by the policles described herein is subject to OR the terms, exclusions, and conditions, of such polities. '1 aVYKOFu!£R HEPREBEMwrvti Pfl1t10GN7 EMPLOYER'S LrABXLXTY LIMIT INCLUDING DEFUSE COSTS: $1,000,000 PER OCCURRIdNCE RMORSEMENT 02065 MITLED CERTIFICATE HOLDERS' NOTICl3 SPFSCTIVR 97-01-2000 IS ATTAC1iEb TO An FORMS A PART OF THIS POLICY. Arr�RdV ,i7 AS To VoRM.: "IL RUTT0,11. City lt�o3'xle;,r d At .or. eY, 6�15��1 th"'L nap WORLD WIDE SPECTACULARS INC 11904 LONG DEACH BLVD .LYNWOM CA 90252 $OF 10166 IEPF-m: CA I USiLZ/Ul TLIE 13:U9 FAX 31U 31 1134 PAGEANTRY 1AY, 22, 7CC I 1 i : 27PM0002 ,3T!%Yr Q.O. BOX 420807. SAN FRANCISCO, CA 9042-0807 %:0%A1'*r+5AT10N I N G U p a N C B FUIYO CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 22, 2001 CITY Of RMINGTON BEACH BUILDING a SAFETY VZPARTMENT P.O, Box 190 NL T3'Yl+1GTtW BRACH CA 92649 GROUP: 000373 POLICY NUMBER: 4577-2001 CERTIFICATE 10: ZS CERTIFICATE EXPIRES: o7-0I-aon 07-0-2001/07-01-2002 This is to earthy that we have issued a valid Worker's Compensation insurance pgky In a form approved by the Callfornie Insurance Commissioner to the employer named below for the policy period ind oatetl, This policy 14 not subject to Conoellatlon by the Fund except upon 30 days advance written notice to the employer. we wltl aisn GIve you 30 days advance notice should this poilCy be carlcgiled prior to its normal expiration. This certificate of Insurance is riot an Insurance Palley and Coes not amend extend or alttr the coverage afforded by the politics listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be iibUed or may pertain, the Insurance afforded by the policies descAxA herein is subject to all the lernw. excluslons, and conditlans, of such polimes. AVY0oAl2EC R£F RESi/ rtatnrR »RlraibENT EMPLOYER'S L-TAHILIT`I LIMIT INCLUDING DEFENSE COSTS: 01,000,000 PEA OCC UENCE FrIDORSE CNT 02065 ENTITLED CERTIFICATE ROLDERS' NOTICE EFFECTIVE 07-01-ZCCI IS ATTACHED TO AND FORMS A FAR: OF THIS POLICY. OwLavilt WORLD WIDE SPECTACULARS INC 11904 LONG BZACfi BLVM LYNWOOD CA 90262 SCIF 10295 Iam-ul: Ti • J� HUNTINGTON BEACH From the desk of-. City of Huntington Beach P. O. Box 190 - 2000 Main Street Huntington Beach, Califomia 92648 Liz Ehring 2"! 'J11111 19 pi -I q: Deputy City Clerk; Telephone:,( 4};3?4-1-559;E'r Fax: {714)�374-15ill 2 03 he y fer J�7 � f�-)i -) r , 4Ee die s-PrVI C e, S. ?f 0 0 ld -efs Co u-e rW Uh3 . a 3 y0o rr� SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAGEANTRY PRODUCTIONS FOR PRODUCTION AND STAGING OF THE FOURTH OF JULY PARADE THIS AGREEMENT ("Agreement") is made and entered into this day of ., 2001, 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 "CONTRACTOR." WHEREAS, CITY desires to engage the services of a contractor to produce and stage the Fourth of July Parade, in the City of Huntington Beach; and The provisions of HBMC Chapter 3.02 relating to procurement of services contracts has been complied with; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: WORK STATEMENT CONTRACTOR shall provide all of the following services for the Fourth of July Parade for the years 2001, 2002 and 2003: (a) 1 6' Musical Sweepstakes Award (b) 1 Float Sweepstakes Award (c) 1 Firecracker Award (d) 1 Patriotic Award (e) 1 John Philip Souza -Award (f) All necessary Ist, 2nd, 3rdplace -awards (g) 4th and 5th place awards in band classes (h) F.M. communications for day of parade (i) AlI necessary participant vehicle passes 6) All necessary unit numbers and pins for day'of parade (k) Staff for parade check -in, formation and parade starter (1) A Pageantry representative to attend all necessary parade meetings (m) Contact & Arrange for Southern California Judges Association & a Professional Equestrian Judge (n) MaiI all applications (o) Process all returned applications 2001 agree/Pageantry Pr4ductions/jmf7jn/6/V01 Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. SERVICES CONTRACT BETWEEN THE CITY OF Nii"NTINGTON BEACH AND PAGEANTRY PRODUCTIONS )R PRODUCTION AND STAGING OF THE FOURTH OF JULY PARADE TABLE OF CONTENTS Page VVOI K STATEMENT I DESI ATED CONTACTS 2 TIME 0 PERFORMANCE 2 COM EEN TION 3 TERMII�TA QN OF AGREEMENT 3 EXTRA WO 3 NDEMNIFICA ON, DEFENSE, HOLD HARMLESS 3 WORKERS' COS ENSATION AND EMPLOYERS' LIABILITY\lN. RANCE 4 GENERAL LIABINSURANCE 4 CERTIFICATES OTRANCE 5 INDEPENDENT COLT CTOR 6 ASSIGNMENT AND SUB NTRACTING 6 CITY EMPLOYEES AND 0 ICIALS 6 NOTICES IMMIGRATION LEGAL SERVICES SUBCONTRA MODIFICATION SECTION HEADINGS INTERPRETATION OF THIS AGR DUPLICATE ORIGINAL ATTORNEY'S FEES GOVERNING LAW & VENUE ENTIRETY 7 7 ING PROHIBITED 7 7 8 iM NT 8 8 9 9 9 SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTONI BEACH AND PAGEANTRY PRODUCTIONS FOR PRODUCTION AND STAGING OF THE FOURTH OF JULY PARADE THIS)kGREEMENT ("Agreement") is made and entered into this day of 2001, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafteY Xher'naftcr fd to as "CITY," and PAGEANTRY PRODUCTIONS, a California corporation, referred to as "CONTRACTOR." WHEREAS, CI"es to engage the services of a contractor to produce and stage the Fourth of July Parade, in the City o3Huntington Beach; and The provisions of HBMC Chap' qr 3.02 relating to procurement of services contracts has been complied with; and CONTRACTOR has been selected to pgform said services, NOW, THEREFORE, it is agreed by CITY`gnd CONTRACTOR as follows: I. WORK STATEMENT CONTRACTOR shall provide all of the foflpwing services for the Fourth of July Parade for the years 2001, 2002 and 2003: (a) 1 6' Musical Sweepstakes Award (b) 1 Float Sweepstakes Award (c) 1 Firecracker Award (d) 1 Patriotic Award (e) 1 John Philip Souza Award (f) AlI necessary Ist, 2nd, 3rd place awards (g) 4th and 5th place awards in band classes (h) F.M. communications for day of parade (i) All necessary participant vehicle passes 0) All necessary unit numbers and pins for da\parade (k) Staff for parade check -in, formation and pa (1) A Pageantry representative to attend all nec (m) Contact & Arrange for Southern California Judges Association & a Professional Equestrian Judge (n) 'Mail all applications (o) Process all returned applications 2001 agree.!Pagcamry Productinns jmf!jn.6!7i01 (p) Prepare and mail all letters of acceptance, parade maps and passes (q) Answer all calls to our office from participants, judges, and local agencies (r) Supply parade judges with all necessary paperwork \Formmulate parade line-up e parade script (local input must come from the parade committee) ide necessary line-ups and maps for day of parade (up to 25) ide award sheets for parade judging results ide all necessary directional signs for formation area CITY agrees to perfaN the following: (a) Provide pa de Pr e -Hosting for Dignitaries (b) Provide ports Ie restrooms in the formation, disbanding and judging areas (c) Distribute app\revie�x. ns to local entries (d) Distribute all pleases to local newspapers (e) Act as liaison n local service clubs, businesses, CITY agencies and CONTRACT (f) Secure the Paran Vlarshal (g) Clear all necesermi routes and facilities (h) Arrange for adrevie� 'ng and judging stands, with electrical power, tables aairs for of parade (i) Supply additioff manpo� r on day of parade Coordinate formation, pars e route and disbanding areas to be posted no parking" si ps 2. - DESIGNATED CONTACTS CITY shall assign a staff coordinator to work dire ly with CONTRACTOR in the performance of this Agreement. CONTRACTOR hereby designates Veronicd T. Lomas, o shall represent it and be its sole contact and agent in all consultations with CITY during the performaXce of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONTRAITOR are to commence as soon as practicable after the execution of this Agreement. This schedule nay be amended to benefit the PROJECT if mutually agreed by CITY and CONTRACTOR. 2 2001agree%Pageantry Prod uctioni'jm17j»1G.;7;0I 4. 0 In c to pay CONTRAC CONTRACTOR's of the performance of the services described herein, CITY agrees fee not to exceed Eight Thousand Six Hundred Dollars (S8,600)'for each of three Fourth of July parades. CITY agrees that the full and final payment for CONTRACTOR's services is due on or before each Fourth of July Parade. 5. TERMINATION\OFAREEMENT All work required hereund shall be performed in a good and workmanlike manner. CITY may terminate CONTRACT 's services hereunder at any time with or without cause, and whether or not the PROJECT is fully mplete. If CITY exercises such termination, CITY will be relieved of all liability and obligations\o CONTRACTOR, except for payment of work completed. Any termination of this Agreement bJ\CITY shall be made in writing, notice of which shall be delivered to CONTRACTOR as provided\herein. C. EXTRA WORK In the event CITY requires additional services not�pcluded in Section 1, or changes in the scope of services described in Section 1, CONTRACTOR will undertake such work after receiving written authorization from CITY. Additional comognsation for such extra work shall be allowed only if the prior written approval of CITY is obtai 7. ENDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR shall protect, defend, indemnify and save hold ha*less CITY, its officers, officials, employees, and agents from and against any and all liability, los damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONTRACTOR's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONTRACTOR, its officers, 3 2001agreelPageantry Productions/jmi/jn/6!7101 • 0 agents \er willful misc expense. C by CITY in 8. loyees except such loss or damage which was caused by the sole negligence or of CITY. CONTRACTOR will conduct all defense at its sole cost and 11 be reimbursed by CONTRACTOR for all costs and attorney's fees incurred it3tg this obligation. 1 ►'ERS' LIABILITY IN. Pursuant to Nilifornia Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et A of said Code, which requires every employer to be insured against liability for workers' comp e sation; CONTRACTOR covenants that it will comply with such provisions prior to commencing p formance of the work hereunder; and shall indemnify, defend and hold harmless CITY from and a ainst all claims, demands, payments, suit, actions, proceedings, and judgments of every nature and\description, including attorney's fees and costs presented, brought or recovered against CITY, for b on account of any liability under any of said acts which may be incurred by reason of any wor o be performed by CONTRACTOR under this Agreement. CONTRACTOR shall maintain workers' comNnsation and employers' liability insurance in amounts not less than the State statutory limits. CONTRACTOR shall require all subcontractors to p compensation and employers' liability insurance for all of the subcontradN CONTRACTOR shall furnish to CITY a certificate of waiver of subrogati the workers' compensation and employers' liability insurances and similarly require all subcontractors to waive subrogation. 9. GENERAL LIABILITY INSURANCE such workers' rs' employees. ► under the terms of ZAC OR shall In addition to the workers' compensation and employers' liability insurances'and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to 4 2001agree Pageantry Productions:jmtjnloi'7.-Ci] CITY, a policy of geneNI public liability insurance, including automobile bodily injury and property damage insurancdlgovering the PROJECT. The policy shall indemnify CONTRACTOR, its officers, Nnts and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the folllowing amount: combined single limit bodily injury and property damage, including products/comp) ted operations liability and blanket contractual liability, of One Million Dollars (SI,000,000. per occurrence. If coverage is provided under a form which includes a designated general aggrega limit, the aggregate limit must be no less than One Million Dollars (SI,000,000.00) for this PR JECT. The policy shall name CITY, its agents, its officers, employees and volunteers as Addition 1 Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that COI\TRACTOR's insurance skall be primary. Under no circumstances shall the above -mentioned i%surance contain a self - insured retention, or a "deductible" or any other similar form of limi coverage. 10. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, on the required furnish to CITY certificates of insurance subject to approval of the City Attorney foregoing insurance coverages as required by this Agreement; the certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and shall ine the C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice. 5 2001agredPageantry l'r0ductions.jmuiN6i7.:0I \t's RACTOR shall maintain the foregoing insurance coverages in force until the work ungreement is fully completed and accepted by CITY. \li'nemnification nt for carrying the foregoing insurance coverages shall not derogate from the provisions fof CITY by CONTRACTOR under the Agreement. CITY or its representative shallatall times have the right to demand the original or a copy of all said policies of insurance. CONT CTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabo %required. 11. INDEPENDENT CONS�CTOR CONTRACTOR is, and shalle, acting at all times in the performance of this Agreement as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and`employees and all business licenses, if any, in connection with the services to be performed hereunder. 12. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract an\the 1pervisory work hereunder shall not be delegated or subcontracted by CONTRACTOR to any other person or entity without the prior written consent of CITY. 13. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY\employee in the work performed pursuant to this Agreement. No officer or employee of CITY sha1tve any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 6 2001agree %Pageantry 1'roductions'jmG!jn-6.'7.O1 • • 14. Any notices or special instructions required to be given in writing under this Agreement shall be givenNeither by personal delivery to CONTRACTOR's agent (as designated in Section 2 hereinabove) or'to CITY'S Director of Community Services, 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's, addressed as follows: TO CITY: Ron Hagan Director of Community Services City of Huntington Beach 2000 Main Street Huntington Beach. CA 92648 15. IMMIGRATION TO CONTRACTOR: Veronica T. Lomas Pageantry Productions 11904 Long Beach Blvd. Lynwood, CA 90262 CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in padicular, comply with the provisions of the United States Code regarding employment verification. 16. LEGAL SERV CONTRACTOR and CITY agree that CITY is not liable\for payment of any subcontractor work involving legal services, and that such legal services ar`e�expressly outside the scope of services contemplated hereunder. CONTRACTOR understands tlivt pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counlgl for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 7 2001agree/Pageantry Productions/jmQjW0%7i01 18. SECTION HEADINGS The titles, captions, section, paragraph, subject headings and descriptive phrases at the begiX-ofhe various sections in this Agreement are merely descriptive and are included sonvenience of reference only and are not representative of matters included or excluded from such Rrovisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affekthe construction or interpretation of any provision of this Agreement. 19. The language of all parts f this Agreement shall in all cases be construed as a whole, according to its fair meaning, and no trictly for or against any of the parties. If any provision of this Agreement is held by an arbitra or or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding all not invalidate or affect the remaining covenants and provisions of this Agreement. No coven t 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 'hLe deemed to include the other whenever the context so indicates or requires. Nothing contained 1krein shall be construed so as to require the commission of any act contrary to law, and wherever the is any conflict between any provision contained herein and any present or future statute, law, ordi nce or regulation contrary to which the parties have no right to contract, then the latter shall prel�#il, and the provision of this Agreement which is hereby affected shall be curtailed and limitehonly to the extent necessary to bring it within the requirements of the law. 20. 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 8 2001agree'Pageantry PruducfionsJmt 'Jnf6 ? G! the date of its exe tion and delivery, be deemed an original. Each of the parties hereto shall retain an originally si �ed copy hereof. Each duplicate original shall be deemed an original instrument as against anyipart who has signed it. 21. ATTORNEY"S FEES In the event suit i of this Agreement or to secure the fees. 22. by either party to enforce the terms and/or provisions lance hereof, each party shall bear its own attorney's This Agreement and any work plN s all be governed by the laws of the State of California and any and all actions initiated under thisgreement shall be brought solely and exclusively in a court of competent jurisdiction in the County of Orange, State of California and no other court. 23. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing between the parties respecting to subject matter here f. 9 2001agrcc/Pageantry ProductionsljmUini&WO1 IN W4TTNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above wntten. PAGEANTRY PRODUCTIONS, CITY OF HUNTINGTON BEACH, a a California corporatioi municipal corporation of the State of California By: a print name . ITS: (circle one) Chairman/President ice�qid, AND By: J-U� pnn .name ITS: (circle one Secretary/Chief Financial Officer/Asst. Secretary — Treasurer REVIEWED AND APPROVED: City" Administrator Mayor ATTEST: City Clerk APPROVED AS TO FORM: G t. Vity Attorney TITIA\TED AND APPROVED: Direciordf Commiji& S 61'M, I 10 2001agree/Pageantry Productions/jmf/jn/6/7/01 RCA,*ROUTING tHEET INITIATING DEPARTMENT: Community Services SUBJECT: Approve a Three -Year Agreement with Pageantry Productions to Produce and Stage the Fourth of July Parade on an Annual Basis COUNCIL MEETING DATE: I June 18, 2001 RCA. ATTACHMENTS STATUS. Ordinance (w/exhibits & legislative draft if a licable Not Applicable Resolution wlexhibits & legislative draft if a licable Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed ire full by the City Attorng Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (A roved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION iFOR M.ISSINGATiTACHMENTS . REVIEWED::. RETURNED ;FORWARDED: Administrative Staff = Assistant City Administrator Initial City Administrator Initial �.� rCity Clerk F� rnr r i