HomeMy WebLinkAboutPYRO SPECTACULARS - 2001-06-18 su ity Contracts Submittal to
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City Clerk's Office
Hmt Beach,
To: , City Clerk
1. Name of Contractor: Pyro Spectaculars, Inc.
2. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
2004 Fourth of July fireworks
3. Amount of Contract: $39,500.00
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept._
City Treasurer` ORIGINAL bonds sent to Treasurer
CITY CLERK'S OFFICE USE ONLY:
N e/Ext sion yR�.E-� � iM'
City Attomey's Office 011
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Date: 6/24/04
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SERVICES CONTRACT BETWEEN THE
CITY OF HUNTINGTON BEACH AND PYRO SPECTACULARS, INC.
FOR FIREWORKS DISPLAY ON THE FOURTH OF JULY
THIS AGREEMENT ("Agreement") is made and entered into by and between the CITY
OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"CITY," and PYRO SPECTACULARS, INC., a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor to produce and display
fireworks for the 2004 Fourth of July on a barge in the Pacific Ocean, south of the pier, 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:
1. WORK STATEMENT
CONTRACTOR shall provide all services as described in Exhibit"A" for the
Fourth of July, 2004 fireworks display. The display is scheduled for approximately 9:00 p.m.
and will last approximately eighteen(18) minutes in duration. CONTRACTOR's services shall
include, without limitation, the provision of a licensed pyrotechnic operator, full electronic firing
of the fireworks display, show choreography and design, insurance coverage, sales tax and
delivery and the processing of the necessary permit applications. CITY and CONTRACTOR
further agree to provide all services set forth in the document entitled "Attachment to Services
Contract Between the City of Huntington Beach and Pyro Spectaculars, Inc., for Fireworks
Display on July 4, 2004," hereinafter referred to as Exhibit "B." These Exhibits are attached
04agree/pyro/6/11/04 ]
hereto and incorporated herein by this reference. These services shall sometimes hereinafter be
referred to as "PROJECT."
2. DESIGNATED CONTACTS
CITY shall assign a staff coordinator to work directly with CONTRACTOR in the
performance of this Agreement.
CONTRACTOR hereby designates Paul Souza, who shall represent it and be its point
of contact in all consultations with CITY during the performance of this Agreement.
3. 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 to ensure that the
fireworks show occurs at the agreed upon time on the Fourth of July. This schedule may be
amended to benefit the PROJECT if mutually agreed by CITY and CONTRACTOR.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONTRACTOR a fee not to exceed Thirty Nine Thousand Five Hundred Dollars
($39,500.00). CITY agrees that the full and final payment for CONTRACTOR's services is due
within ten (10) calendar days after the Fourth of July or by July 14.
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." CONTRACTOR will undertake such
work only upon mutual written agreement of CONTRACTOR and CITY. Additional
compensation for such extra work shall be allowed only if the prior written approval of CITY is
obtained.
04agreelpyro/6/11/04 2
7
6. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR shall defend, indemnify and save and 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) arising out of the
performance of this Agreement by CONTRACTOR, its officers, agents or employees except
such loss or damage which was caused by the negligence or willful misconduct of CITY or any
other person. CONTRACTOR will conduct such defense at its sole cost. and expense. CITY
shall be reimbursed by CONTRACTOR for all costs and attorney's fees necessarily incurred by
CITY in successfully enforcing this obligation.
7. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
INSURANCE
Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges
awareness of Section 3700 el seq. of said Cade, 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 cover all subcontractors or require such subcontractors to
provide such workers' compensation and employers' liability insurance for all of the
04agree/pyro/6/I 1/04 3
/ . •
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.
8. INSURANCE
In addition to the workers' compensation and employers' liability insurances,
CONTRACTOR shall obtain and furnish to CITY, a policy of commercial general liability
insurance covering the PROJECT, and a policy of automobile bodily injury and property damage
insurance covering all automobiles owned or operated by CONTRACTOR. The policies shall
cover CONTRACTOR, its officers, agents and employees, while acting within the scope of their
duties, against 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 Two Million Dollars($2,000,000.00)per occurrence. If coverage is provided under
a form which includes a designated general aggregate limit, the aggregate limit must be no less
than Four Million Dollars ($4,000,000.00) for this PROJECT. The policies 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 in excess of Five Thousand Dollars ($5,000) per claim and Fifteen Thousand Dollars
($I5,000)per occurrence.
04agrec/pyroi6i11104 4
9. 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.
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 a copy of all said policies of
insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
10. 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.
04agree/pyro/6/11/04 5
11. 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.
12. 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.
13. 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 or to CITY'S Director
of Community Services, as the situation shall warrant, or by enclosing the same in a sealed
envelope, first class postage prepaid, and depositing the same in the United States Postal
Services, addressed as follows:
TO CITY: TO CONTRACTOR:
Jim B. Engle James R. Souza, President
Director of Community Services Pyro Spectaculars, Inc.
City of Huntington Beach P.O. Box 2329
2000 Main Street Rialto, CA 92377
Huntington Beach, CA 92648
Notice shall be deemed effective when delivered or three (3) business days after deposit
in the mail.
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14. IMMIGRATION
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.
15. 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.
16. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless
in writing and duly executed by both parties.
17. SECTION HEADINGS
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
04agreelpyrol6l11/04 7
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
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
This Agreement shall be governed and construed in accordance with the laws of the State
of California.
04agree/pyrol611 1104 8
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on , 2004.
PYRO SPECTACULARS, a California CITY OF HUNTINGTON BEACH, a
corporation municipal ion of tate of California
By: Anuv'A-ADirector of dministrati Services
(Pursuant to HBMC Chapter 3.02)
print name
ITS: (circle one)Chairm nlPresiden ice President
APPROVED AS TO FORM:
AND r
gy ity Attorn 4 f PI O
1. ri t nam INITIATED AND APPROVED:
ITS: (circle ne) Secretary/ ief Financial
Officer/Asst. re — asurer
V
of Community Se ices
APPROVED:
City Admini� --tRr
04agree/pyro/6/I1/04 9
EXHIBIT " A"
a
3
3
i
Display Checklist
}
Pyro spectaculars Agrees to:
2 Provide a Professional Full Service fireworks production.
Q Provide fireworks general liability insurance and hazardous material
transportation insurance in the amcunts of $2 million and $5 million
respectively, as well as workers compensation coverage for
pyrotechnicians.
0 Apply for all necessary federal, state, and local fireworks display permits
and licenses.
C Provide a licensed pyrotechnic operator and crew.
0 Provide all necessary pyrotechnic equipment.
Low level & Ground
Effects
Set :s Mnes
LmyeMuMfttDevice
LowLevdEffects
Rmar, Car,
Star WIlled
w
1
Product Syaopsls
PyrotecAnIc Proposal
City of HUatiitgton Beads
Prograw A
Opening
Description Quantity
♦ 2.5" Sky Concert Opening Salutes 15
Total of Opening 15
Main Body - Aerial Shells
Description Quantity
♦ 3" Sky Concert Selections 125
♦. 4" Sky Concert Selections 185
♦ 5" Sky Concert Selections 130
♦ 6" Sky Concert Selections 45
♦ 8" Sky Concert Selections 10
♦ 10" Sky Concert Selections 7
Total of Main Body - Aerial Shells 602
Pyrotechnic Devices
Description Quantity
♦ Sousa Gold Line - Multishot Device 1200 Shots
♦ Sousa Platinum Line - Multishot Device 500 Shots
♦ Sousa Diamond Line - Multishot Device 1080 Shots
Total of Pyrotechnic Devices 2,780 Shots
Low-Level Pyrotechnic Devices
Description Quantity
♦ Rainbow Candle Set 440 Shots
♦ 45mm Exhibition Candle 112 Shots
♦ 60mm Exhibition Candle 32 Shots
Total of Low-Level Pyrotechnic 684 Shots
Grand Finale
Description Quantity
♦ 2.5" Sky Concert Finale Shells 45
♦ 2.5" Sky Concert Bombardment Shells 108
♦ 3" Sky Concert Finale Shells 60
♦ 4" Sky Concert Finale Shells 60
Total of Grand Finale 273
Grand Total 4,154
a
EXHIBIT"B"
Attachment to Services Contract Between
the City of Huntington Beach and Pyro Spectaculars, Inc.
for Fireworks Display on July 4, 2004
1) CITY, as its own expense, agrees to provide to CONTRACTOR:
A. A suitable display area in which to stage the fireworks display, including a firing
and fallout zone reasonably acceptable to CONTRACTOR in which the fireworks
and fireworks debris may be exhibited, and rise and fall safely("Display Area").
B. Adequate policing, guard protection, roping, fencing and/or other crowd control
measures to prevent the access of the public or its property or any other people or
property not authorized by CONTRACTOR into the Display Area.
C. The services and cost of standby firemen and/or any applicable permit fees as
required by state and local statutes, ordinances or regulations.
D. Access by CONTRACTOR, at all times, to the Display Area to set up the display.
If CITY fails to fully comply with requirements A, B, C, and/or D set forth above,
CONTRACTOR shall (1) give CITY as much advance notice of CITY's noncompliance as
possible, and use all reasonable efforts to (2)work with CITY to cure such noncompliance, and
provide its services under this Agreement to the extent possible. If these attempts to remedy
CITY's noncompliance fail, then CONTRACTOR shall be relieved of its obligation to perform
and CITY agrees to pay to CONTRACTOR the entire contract price plus any additional
expenses incurred because of said failure. If, in its sole discretion, CITY designates an area for
members of the public to view the display("Spectator Area") and/or an area for vehicular
parking ("Parking Area"), CITY shall:
E. Ensure that the Spectator Area does not infringe on the Display Area;
F. Have sole responsibility for ensuring that the terrain of the Spectator Area and
any stfuctures thereof, including, but not limited to grandstands-and bleachers are
safe for use by spectators;
G. Have sole responsibility for ensuring that the Parking Area is safe for use;
H. Have sole responsibility to police, monitor and appropriately control spectator
access to the Spectator Area and the Parking Area and police, monitor and
appropriately control the behavior of persons in these areas.
It is expressly agreed that CONTRACTOR, (including its operators and helpers) shall not
inspect, police, monitor or otherwise supervise any area of the site other than the Display Area,
except to ensure:
1
Page One of Two
4
I. That any Spectator or Parking Areas are outside the Display Area; and
J. After completion of the display, that the Display Area and surrounding area are
cleared of any live fireworks debris originating from the program.
2. CITY agrees to assume the risk of weather, or other causes beyond CONTRACTOR's
control, which may prevent the display from being safely discharged on the scheduled date,
which may cause the cancellation of any event for which CITY has purchased the display, or
which may affect or damage such portion of the exhibits as must be placed and exposed a
necessary time before the display. It shall be within CONTRACTOR's sole discretion to
determine whether or not the display may be safely discharged on the scheduled date and at the
scheduled time. If, for any reason beyond CONTRACTOR's control, including, without
limitation, inclement weather, CONTRACTOR is unable to safely discharge the display on the
scheduled date or should any event from which CITY has purchased the display be canceled, the
parties shall attempt to negotiate a new display date, which shall be within sixty(60) days of the
original display date. CITY further agrees to pay CONTRACTOR for any additional expenses
made necessary by this postponement. If they are unable to agree on a new display date,
CONTRACTOR shall be entitled to liquidated damages from CITY as if CITY had canceled the
display on the date set for the display, as provided in the following paragraph.
3. CITY shall have the option to unilaterally cancel this display prior to the date of the
display. If CITY exercises this option, CITY agrees to pay to CONTRACTOR, as liquidated
damages, the following percentages of the agreed contact price: 1) twenty-five percent (25%) if
cancellation is three (3) or more days prior to the scheduled day of the display; 2) fifty percent
(50%) if cancellation occurs within two (2) days of the actual date set.for the display; 3) seventy-
five percent (75%) if cancellation occurs on the date set for the display but prior to the time
physical set-up of the display actually begins; 4) one hundred percent (100%)thereafter. If
cancellation occurs prior to the date set for the display, CITY agrees to pay CONTRACTOR in
addition to the above percentages, the value associated with any specific custom work performed
by CONTRACTOR or its agents including but not limited to music/narration tape production
and/or sponsors' logos.
4. The Commercial General Liability Insurance which CONTRACTOR is required to
provide shall include CITY as an additional insured regarding claims made against CITY for
bodily injury or property damage arising from the operations of CONTRACTOR in performing
the display provided-for in this Agreement. Notwithstanding any other provision of this
Agreement and the Exhibits thereto, such insurance afforded by CONTRACHOR shall not
include 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, including, without limitation, those contained in
Paragraph I of this Exhibit B; B) failure of CITY to provide discretionary Spectator and Parking
Areas referred to in Paragraph I of this Exhibit B. CITY shall indemnify and hold
CONTRACTOR harmless from all claims and suits made against CONTRACTOR for bodily
injury or property damage arising from A) and B) of this Paragraph.
5. CITY shall provide sand (if required), sound/playback equipment, and communications
to the pyrotechnician.
2
Page Two of Two
su ity INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Naida Osline
2. Date: June 23, 2004
3. Name of contractorlpermittee: P ro S ectaculars
4. Description of work to be performed: Fireworks presentation on 4'h of July
5. Value and length of contract: $39,500.00, 2 days bx
6. Waiverlmodification request: Waive "no deductible" re uirement � �r t� iCCu c-
7. Reason for request and why it should be granted: Contractor is single source for this
roiect• there is no carrier who will provide a no-deductible-policy in this field
8. Identify the risks to the City in approving this waive rlmodification: The risk is minimal;
contractor is financial) solvent.
—C�epartment Headltlrha6re Date
APPROVALS
Appr s 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 the City Attorney's Office disagree.
1. Risk Management
Approved ❑ Denied
Signature Date
2. City Attorney's Office
+pproved ❑ Denied nA`
r,��I,
/ I Si, u Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been-approved,
this form is to be filed with the Risk Management Division of Administrative Services
Rmsil rinrc AOIOW4 G".r,A AM
JUN-18-2004 16:31 PYRO SPECTACULARS. INC 909 3S5 %n P.02
YTON INSURANCE BROKERS, IN�
250D CFdVI'Lr]r POINT ROAD,SUITE 303 POST OMCE BOX %M
SrRMINGHAM,ALABAMA =5 SIRMINGRAIVII,ALABAbtA 33220
T6L13PHOI IM (205) 854300E FAX: (2N) 854.58"
CERTIFICATE OF INSURANCE NO. 450523
We certify that initeancc as aottined below is afrarded the Nerved hisurcd under policy CA000002771.18 issued by Admiral Insurance Company.
NAME17 INS LMED Pyre Spuctar ulars,Inc. PPA Rpeetaeulatx
Pyro Events,Inc. North American Firewurks Co.,Inc.(NAFCO)
Aura Pyrotechnics,Inc. San Diego Fireworks
P.O.Hnx 2329 Pyrrr Speelaeulars Canada,Inc
Riake.California 92377
P MOD January 22.2004 to January 12,2UO3: Both days inclusive,
COVERAGE Caenmereial Genera!Liability. Cuva7ng against the kgal)lability ofrhe WAred Insured for I3nd11y Injury
and Property Damage cauwd by,or arising frum,the prcpat■tion for,the firing uf,or the clearance fallowing
iireworka display(s)stated below.
LIMITS OF A) Each Oecurrenca $2.000.000
I.IAwLnY B) Grnoral Aggregate S4.0001000
C) Products&Compkecd Operations Aggmgnta S4 000.000
The addition an or r than une insured doc5 not serve to increase the limits of Iiability. Aggregate limits shown
may have burn reduced by paid claitns.
It is certified rhat,in arcurdanet with,and subject to,the turns ot'shc utxwe policy. the fuilourieg SPONSORS AND PROPERTY OWNERS
AND LICENSING AUTIIORITIhS afro included as Additional Insurcd(i.),but only in respect of die legal liability ol'such Additional Insured(s)
fur Bodily Injury and Ptopeily Varnage cauacd by the operations of the Named Insured in conntcnon with the firing of the fireworks display(g)
staled below. 'rho insurance affurdod 9ny Additional Inaurcd dnes not includc cavcrege ror any injury or damage arising from the failure of such
Additional Insured to fulfill its obligations tpccified in Its contract with dtc Named Insured.
NAME•&A,DVM- S OF iNSUKHO SPONSORS City of Huntington Beach
PROPERTY OWNERS,LICENSORS P.O.Box 190
Huntington Beach,California 92648
A UuI'nONAI.INSURED(S):
City of Huntington Beach,and Pacific Tug Boat Services,and Huntington Beach Fire Department,their
officers,agents and employees when acting in their official capacity"such.
The coverage Afforded the additional insuredb as set forth in this certificate shall be primary and noncontributory
with respect to any insurance carried by such additional insureds, The insurers waive their tights of subrogation
against the additional insureds.
DEDUGTIRLE $$,000 Each Claim but a maximum of St5,000 Any One Occurrence
DISPLAY LOCATION DMIRTAY DATE(S)
Off Pier on Barge in Pacific Ocean July 4,2004
Huntington Beach
Thk insurance applies automatically if the described display is find on any alternative ditto because of cancellation on the date shown duc to
weather or other cause; however,IN NO EVENT WILL COVERAGii APPLY TO HO)DILY INJURY OR PROPPR'IY DAMIAOE
SUSTAINED AF-I'h k January 12,2005.
This ccttlAcate is trot an insurance policy aid direr,not sit any way amend,cxwW or alter the eoversp aflaided by the policy listed above. For
particular entx:erntng the terms,aatlusions and condilions of such policy each Additional Ir+surat is referred w the policy documents in the
pailicu tm of the Named Insured. Should the above dewribcd policy be cancelled before the expiration dale thereof.Lhe issuing wrnpany will
rrr11;131)days'pear written notice to the uhovo minted Additional IAJdred.
DRAVTON INSURANCE BROKERS,INC.
I e 17,2004
DATE OF ISSUE A. 1NO6 , PRESIDENT
IJFORNIA LICFNSE . Algbfi4
RlEil
TOTAL P,02
ity Attorney `
§ `�'
APR-29-2004 11:59 PYRO SPECTACULARS, INC 909 355 9B13 P.06
Policy Number:CA00000277 1-18 AI 08 76 02 03
No: 13 Effective Date:01/13/04
THIS ENDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
PROFESSIONAL LIABiLTrY COVERAGE PART
It is agreed the following are included as additional insureds hereunder-
Sponsors,landowners,bargeowners andlor licensing authorities with respect.to operations of the named insured
in connection with the preparation for,the firing of,or cleanup following fireworks displays performed by the
named insured or the named insurers employees,end to whom certi.ficate(s)of insurance are issued which spec-
ify d4te(s)and location(s)of such displays.
The coverage afforded such Additional Insureds does not apply to injury or damage arising from the ftttlure of
any such Additional Insured to fulfill its obligations specified in its contract with the Named Insured.
65
TOTAL P,
)ate : 6/8/2004 Time: 1 : 46 PM To : @ 91 , 714 , 374 . 1590
Page : 002 4ddlk
DATE(MMVD"M
CERTIFICATE OF LIABILITY INSURANCE 06/08/2004
PRODUCER (909)793-2373 FAX (909)798--6983 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Davis $ Graeber Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
47q E. Highland and Ave. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
" P.O. Box 40
Redlands, CA 92373 INSURERS AFFORDING COVERAGE NAIC#
INSURED Pyro-Spectaculars Inc. IiINSURERA, National Continental Insurance Zompany
INSURER 9'
INSURER C
P.O. BOX 2329 NSL�reac
Rialto, CA 92376 I:NSURERE:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDR
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 SUCI
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR' DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY I EACH OCCLRRENCE S
COMMERCIAL GENERAL LIABILITY DA.MAGc TO RIEWED-EREYI-�E-uEd Ott,
r S
CLAIMS MACE {�,OCCUR VIED E;tP;Any one we-son) i S
PERSCNAL 4 ADV INXRY S
c
GEv?RALAGGRE3ATE S
rGEILGREGATE LIMnT APPLIES PER. PRODUCTS-COMPIOP AGG S
CY RR LOC a
AUTOMOBILE LIABILITY CP6901385-3 11/13/2003 COMBINED SINGLE LIVIT
' 11/13/2004
X ANY AUtO 4 IEa accitlann 5,000,000
S S
I AL,OWNEC AUTOS
tOC:_Y .V,k1PY S
SCHEDULED AUTOS (Per pefson I
A X HREC AU10S
- BODILY IN�:�9Y S
X NON.OwNED AUTOS (Per accident)
PRCDERTY DAMAGE _
;Zer BCC dent)
GARAGE LIABILITY AUTO CNLy-EAAC_:0ENT IS
My A TC I OTHER THAN E.A ACC i S
AUTO CNLY: AGG S
EXCESSlUMBRELLA LABILITY EACH CCCURRENCE S
OCCLQ 1-7 CLAY S mAL'_ AGGREGATE t
IiI S
DEDUCTIBLE 4 S
RETENTION S I S
I L
W COMPENSATION AND TRY I C'
R
EMPLOYEPt.OYE RS'LULB4RY wC STA1'It
ANY P PR-rORMARTNER7ExECUT'V� ;e"VEDAFO E L-EACH ACCIDE4rOFF CEPiMEVBER EXCLUDED° E.L.DISEASE EA EMPLOYE_ S
If y6S.descnDe under
SPECIAL PROVIS.ONS tnow E L, DISEASE-POLICY LIMIT S
OTHER
Day Cancellation � ,y O�� '
ice Applies for E77
Payment
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
e: Operations of the Named Insured
its officers, elected or appointed officials, employees, agents and volunteers
A 10 Day Notice of Cancellation Applies for Non-Payment of Premium
CERTIFICATE HOLDER CANCE CATION
SHOULD ANY OF THE A60VE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Huntington Beach* EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ] XXXMAIL
Office of City Attorney 4
Attn: Karen Q DAYS wRRTEN NOTICE TO TH£CERTIFICATE HOLDER NAMED TO THE LEFT,
2000 Main Street, 4t h Fl . 46 (XA( 7i> EK31>i�4b( 9(aW(D�AL��XIX��( (XXX
P.O. Box 190 Df9fA6D(XDQD({IGX>XX �FdlElfQ61(6�XXXXXXXXXX
Huntington Beach, CA 92548 AUTHORIZED REPRESENTATIVE
Ross Ganes GEC
ACORD 25(2001109) FAX: (714)374-1590 OACORD CORPORATION 1908
JL N-08-2004 13:53 99% P.02
)ate: 6/8/2004 Time; 1 : 46 PM TO : @ 91 . 714 . 374 . 1590
Page : 003 4
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the poficy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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 erdorsemerrt(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORO 25(2001108)
JUN-08-2004 13:53 99X P.03
JUN-23-20.4 QED '3:53 AM DAVIS & GRAEBER INS FAX NC, 9097986983 ', 02
Poiicy No: GP 6901385 3 page
THIS ENDORSEMENT PAGE CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AP 90 73 10 97
THIS ENDORSEMENT IDENTIFIES PE=RSONIS) OR ORGRANIZATIONIS) WHO ARE ALREADY AN "INSURED"
UNDER -rHE WI-10 IS-AN INSURED PROVISION OF THE POLICY. THIS ENDORSEMENT DOES NOT ALTER
COVERAGE PROVIDED IN THE POLICY.
PERSONIS) OR ORGANIZATION(S) IDENTIFIED AS "INSURED(S)" - CALIFORNIA
This endorsement is for use with the following:
BUSINESS AUTO COVERAGE FORM
TRUCKERS COVERAGE FORM
Endorsement Effective
11/13/03
Named Insured Count igned by
PYRO SPECTACULARS INC
- IAu• ri erg ReRrosentativef
THE MOST WE WILL PAY FOR ANY ONE ACCIDENT OR LOSS
SPLIT LIMITS
"Bodily Injury" Liability; S Each Person
S Each "Accident"
"Property Damage" Liability: $ Each "Accident'
SINGLE LIMIT
"Bodily Injury" and "Proporty Damage" S 51000,000 Each "Accident" —,
Liability.
Each person or organization listed below is an Person(s) or Organlzation(s):
"insured" for LIABILITY COVERAGE, but only to
the extent that person or organization qualifies as CITY OF RUNTINrTON BEACH, ITS OFFICERS. OrF]CIALS,
an "insured" under the WHO IS AN INSURED EMPLOYEES, AGENTS
provislon of SECTION II - LIABJUTY COVERAGE. F.O. BOX 190
(If no entry appears beiow, information required N�JNTIi�G'T0?�' BtCi:, Cat 42648 '
CANCELLATION
to complete this endorsament will be shown in the
Declarations as applicable to this endorsement) Should this policy be cancelled bofore its
expiration sate, we will rr+ail 30 days written notice
to the personls) or organizations) listed.
Capyright, In,;uronce Services Office, inc., 1.983. '988
O ED AS TO FO
f�O/L J IF R MC
7H,City Attomey
6-0-y�;�
EFFECTIVE: 6/6/04 to 1:/13/04
Ju'N-23-2004 ?!:1S 9097996983 94% P.22
JUN-21-2004 MON i :57 AM DAVIS & CRAEBER INS FAX 140, 90979869.53 P, 02
DECL.AnATIONS+ FOR A BUSINESS WO . Page 5
AMENDED 06/08/04 Po icy No; CP 6901385 3
ITEM CNIF Named?njl; ed and Address Producer Name and Address
PYRO SPECTACULARS INC DAVIS E GRAEBER INSURANCE
NAFCO INC SERVICES INC
3196 N LOCUST PO BOX 40
RIALTO CA 92377 REDLANDS CA 92373
Produc-er Code. . 120 Broker:
PREY POLICY NO. 6861673 cteoort Basis: ANNUAL
Policy Period: From 11/13/03 10 11/13/04 at 12:01 A.M. Standard T,rr.e at your mailing address shown abovs.
Insurer Company and Cade: NATIONAL CONTINENTAL
Named Insureds Business: 6 FIREWORKS hNRP*ALL VEHICLES '
i
Form of Business: CORPORATION +► $O
*This policy 'nay be subje_t :o final audit,
.N RETURN --OR 7-HE PAYMEN" OF THE PREMIUM. AND SJBJECT TO ALL THE TERMS OF THS POLICY. WE AGIREE
WITH YOIJ -0 PROVIDE THE INSURANCE AS STATED IN THIS POLICY
ITEM TWO
SC +kl:;l�LC OF :0VC-'1ACES A%:) COVIF-ASD AUTOS
This colicy ri-cv.r:es cnly U-050 coverages where a char.1e is shown -n the premjL rz co!L-+n on the -evcrcd subs sc.?caile. .acn of muse
coverages will acoly only to thoso "a:aos" shown as covered "autos" "Autos" arc sncwn as covered 'autos" for a parU_-ulzr cweragc by
tt+.e ei y of o^e c,• -ro•e svrrbols from the COVERED A'V—0 Sectio- of Ine G,rs.ne.s A,'o Coverage Form next :o the rzrno of 0.0
coverage. _
COVERED AUTOS LIMIT
(Entry of one or more of the
COVERAGES symbols from the COVERED AUTOS THE MOST WE WILL PAY FOR ANY ONE
Section of tl'c Et:siness A.,ta ACC'DENT OR LOSS
'overage Fora, shows whit" autos
are covered autos)- ! _
LIF�61a•ITY a 5,000,000 CSL
1
='eRS:71IA; ;N.IUnY PRCTECTION ScDsrare•y stated in each ?IP ercor_urnont
lcr eCuivalent .%a-`cult coverage)
ADOED PERSONAI. 114,URY PROTECTION Soparate'y stated in each .:tided Pip endorse•rcm
(or eauivaitnt added No-'aolt Coverage)
FROpE.gTY PR,)TECT:;0N INSURANCE Secarate;y stz ed in tf•p P.P.;, enoorsemc"s(
Wichig.an onlvl
A'U70 V'-C;CAI. PAYMENTS _ —
U,U;�JSLrF.'D RfJTf?,:aSrS ] 30,000 PER PERSON �
60,000 PER ACCIDENT
LNCFRINSJRED MOTOR!STS
(Whvi not inol:,ceo :r Urjinsurcd
Motorists Coverage)
PHYSICAL DAUTAGIs nCTuaL CnSI, VALUE OR COST OF REPAIR, 1jV6IiCrICVE�
CCMPKE TENS VI: CCVERAG- NOT AVAILABLE !I5 _ESS M NUS S .�.ed. FOR .FAC1-I COVFRr-
IN CALIFORNIA I AUTO. CUT NO DCDUCTIB'_E APPLIES 10 L;;SS CAUSED
J BY FIQE OR LIGH1N',NG, SeD ITEM i CL:R for i•:rad or
oCITOWCd "auteS."
?'-1YSiCA!. ^.AVAG[ SPf?GF0—:0 ACTUAL CASH VALUE OR COST CF HF-PAIR, WHICHEVER
CAUSES OF LOSS COVERAG= l NOT AVAILABLE �IS _ESS MINUS $ 25. aed. FGt EACH COVERSp n..'-O
IN CALIFORNIA FOR LOSS CAUSED BY MISCHIEF On VANDALISM. See
�'T•EM cOUR for hired or borrowed "autos_'_`_ _
PHYSICAL 'DAMAGE NOT AVAILABLE ACTUA_ CASH VALUE OR COST 01- REPAIR, WHICHEVER
CCL_.S ON COVe:1AC= IN CALIFORNIA S LESS MINUS 5 red. rOR EACH COVERED
lAv"0. See ITEM i'OU:: for i red of borrowed "nutat."
PHYSICAL DAMAGE NOT AVAILABLE + foi a:eh di:w4winunt of n pr;vulu paZ::.inttr.r auko.
TOWNG AND LABOR IN CALIFORNIA
,Not ava,tablr. :n Cat:fornial _
EFFECTIVE 06/08/04 ADD CITY OF HUNTINGTON BEACHITS
OFFICERS,OFFICIALS,EMPLOYEES,AGENTS AS ADDITIONAL INSURED - +':• •r
Al
l
CA 1~5 Cs 07 07 APP 'Gatch Rrap C..r .galr. Rur, $ee End Last Run Eff Cale Panes AS
�23 17 -'C Or16rr 1co ode 041Gu 05i05104 z!3C J - I RCiry_ A
ILIN-21-2e24 12:22 94% ��r P.02
JUN-21-2004 M GN 1 i :58 AM DAVIS & CRAEBER INS FPX NO. OV097986983 ?, 03
�0
A SUSIN-ESS wO . Page 15
Po!;cy No: CP 6901385 3
POLICY LEVEL ADDITIONAL INSURED NAMES AND ADDRESSES
DELTA UPSILON FRATERNITY E ANGELS BASEBALL LP/MORENO F.
CA POLYTECHNIC STATE UNIV BASEBALL, LP,ANAHEIM FIRE
2020 JOHNSON ST 2000 GENE AUTRY WAY
SAN LUIS OBISPO CA 93405 ANAHEIM CA 92806
RYDER TRUCK RENTAL INC WARNER BROTHER INTL
RYDER TRUCK RENTAL LT/AFFI TELEVISION DIST INC
2Z17 DIRECTORS ROW 4000 WARNER BLVD
ORLANDO FL 32809 BURBANK CA 91522
CENDANT CORP/SUBSID-BUDGET CITY OF HUNTiNGTON BEACH
RENT A CAR SYST INC/TEAM OFFICE OF CITY ATTORNEY
1560 BROADWAY STE 1600 PO BOX 190
DENVER CO 80202 HUNTINGTON BEACH CA 92648
RYDER TRUCK RENTAL INC
RYDER TRUCK RENTAL LT/AFFI
6000 WINDWARD PARKWAY
ALPHARETTA GA 30005
INTER CITY DELIVERY
HONOLULU FREIGHT SVC
1400 DATE STREET
MONTEBELLO CA 90640
Ids �OC�
Gycp. Lap g.lr Date Run Scq End Last Run :it Cate Lan yr AGENT
f,i;o,7 ":i O'41C — ;co• C42 CAA 6 06/08/04 21G9 03 swu
JJN•-21-20L4 12:22 - - '- -9097929963 94i /f,�j �/ P.03
(12) November 3, 2003 - Council/Agency Minutes - Page 12
(City Council) Directed the City Administrator to Make Improvements As Amended to the
City's Contracting Processes (including Professional Services Contracts under Huntington
Beach Municipal Code Section 3.03) (120.10)
The City Council considered a communication from Councilmember Jill Hardy transmitting the
following Statement of Issue: 'At the October 20,.2003 City"Council meeting, staff recommended
improvements to the city's contracting processes. I believe the following recommendations
represent effective solutions to recent concerns identified with the contracting process. In addition
to the recommended improvements (listed below), I propose that staff provide the City Council an
update on the contracting process as part of the FY 2004-05 budget process.
A motion was made by Hardy, second (inaudible) as amended to provide that the City Attorney,
not Departments will maintain a log of the contracts they enter into which will be transmitted
quarterly to the City Clerk's office to ensure proper filing and to direct the City Administrator to make
the following improvements to the city's contracting processes within 90 days and provide a report to
the City Council regarding the contracting processes as part of the FY 2004-05 budget process:
a. City Attorney's office will, upon approving a Professional Services Contract (PSA), transmit
the original agreement to the City Clerk's office; and
b. Develop an annual training program for processing all types of contracts; and
c.. Develop Administrative Regulations to establish the method for processing
maintenance/service and public works contracts; and
d. Contracts will not be dated until they are effective (signed by City Attorney's office); and
e. Remove the Mayor and City Clerk signature lines from contracts when not required; and
f. Modify Purchasing Manager Certification to apply to maintenance/service and public works
contracts; and
g. Assign a single department contract coordinator to ensure contract proper processing; and.
h. CifyAtforneywill maintain a log of the contracts they enter into which will be
transmitted quarterly to the City Clerk's office to ensure proper filing; and
i. Staff's professional service agreement signature authority will be capped at $100,000,
agreements over$100,000 will require City Council approval.
City Attorney Jennifer McGrath clarified for Councilmember Dave Sullivan that her office verifies
all documents are accurate, appropriately signed and approved as to form.
(13) November 3, 2003 -Council/Agency Minutes - Page 13
City Clerk Connie Brockway responded to Councilmember Dave Sullivan's inquiry relative to why
she believed City Clerk attestation on city contracts to be necessary stating that a majority of
cities require the City Cleric to always attest to the signatures of city officers entering into contracts
on behalf of the city; that attestation by the City Clerk applies to contracts approved and entered
into that.do not appear on city council agendas and to those contracts which do appear on"the city °
council agenda.
The City Clerk informed Council of an email survey her office had conducted of over forty cities
wherein all but eight cities required the City Clerk to attest to all agreements even those
agreements not appearing on the council agenda. She referred to cities such as the City of Irvine,
Santa Ana and Anaheim which require City Clerk attestation to the signatures of the city officers
just as the City Clerk must attest to the signature of the Mayor on contracts that go through the
city council process. She informed Council of the reasons why she believed her request to attest
to in house contracts was reasonable.
A substitute motion was made by Sullivan, second Coerper to require attestation and limit
contracts to $50,000.
City Attorney McGrath stated her opinion that the city seal or attestation line on city contracts is
not required.
City Attorney McGrath reported on the Huntington Beach Municipal Code Section 3.03 process.
City Administrator Ray Silver reported on the Professional Services Contract process stating in
order to,save staff time his office, the City Attorney and Risk Management developed a standard.. _
professional services contract. City Administrator Silver informed Council that staff wants to
improve the system and address the legitimate concerns raised by the City Clerk.
Council voted on the above-mentioned substitute motion made by Councilmember Sullivan. The
motion failed by the following roll call vote:
AYES: Sullivan, Coerper, Green,
NOES: Boardman, Cook, Houchen, Hardy
ABSENT: None
Council voted on the above-mentioned original motion. The original motion as amended by
Councilmember Hardy that the City Attorney, not Departments will maintain a log of the
contracts they enter into which will be transmitted quarterly to the City Clerk's.office to ensure
proper filing carried by the following roll call vote:
AYES: Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: Sullivan
ABSENT: None
0
j, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: .tune 26, 2001
TO: Pyro Spectaculars, Inc. ATTENTION: James R. Souza, Pres.
Name
P.O. Box 2329 DEPARTMENT:
Street
_ gialtg. CA 22377 REGARDING: Services Contract
City,State,Zip
for Fireworks Display on 4th of July
See Attached Action Agenda Item E-20 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 Bonds Insurance x
RCA Deed Other
CC: R. Hagan Com. Serv. x x x
Name Department RCA Agreement Insurance Other
B. Fowler Com. Serv. x x x
Name Department RCA Agreement Insurance Other
Dame Departmcnt RCA Ag cement Insurance Other
Name Department RCA Agreement Insurance Other
C. Mendoza Risk M mt. x x
Name Department RCA Insurance
I Telephone:714-536-5227)
—N
Council/Agency Meeting Held: 0)
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
WCity Clerk Signature
Council Meeting Date: June 18, 2001 Department ID Number: CS 01-040
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS o _
SUBMITTED BY: RAY SILVER, City Administratordt/V
PREPARED BY: RON HAGAN, Director,.Community Service w z-<��
noC '
C�-Z
SUBJECT: APPROVE AGREEMENT WITH PYRO SPECTACULARRC
PROVIDE A FIREWORKS SHOW AS PART OF THE 20$1 MURTH
OF JULY CELEBRATION N Cl)
Statement of Issue,Funding source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Staff is requesting City Council approval of a one-year agreement with
Pyro Spectaculars to stage a Fireworks Show on July 4, 2001.
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 $18,000.
Recommended Action: Motions to:
1 Authorize the Mayor and City Clerk to approve the service contract with Pyro
Spectaculars 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.
2. Approve City's indemnification obligations to contractor set forth in Paragraph 4 of
Exhibit B.
3. Approve contractor's changes to City's standard indemnification provision set forth in
Section 6 of the Agreement.
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.
r
*QUEST FOR COUNCIL AC*N
MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: CS 01-040
Alternative Actions): Do not approve agreement with Pyro Spectaculars, and direct staff
to renegotiate the terms and conditions for an agreement.
Analysis: The Fourth of July Executive Board has reviewed a proposal for the production
and display of fireworks for the Fourth of July at the Huntington Beach High School Football
Stadium. The proposal is from Pyro Spectaculars, who the city has relied on since 1995 for
the show. Due to the technical and hazardous nature of this service and the limited number
of firms providing this service, staff is recommending this sole source provider. They have
built a reputation for delivery of services, a reasonable price and outstanding displays. The
board is looking forward to working with them again for the 2001 celebration.
Contractor requests the following changes to City's standard indemnification and insurance
requirements that require Council approval. Due to the timing of the negotiations over the
terms of this Agreement, staff did not have adequate time to present these changes to the
Settlement Committee for its recommendation.
Per Recommended Action 2, contractor requests that City indemnify and hold contractor
harmless from all claims and suits made against contractor 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. This indemnification obligation of City is
set forth in Paragraph 4 of Exhibit B.
Per Recommended Action 3, contractor requests that City accept contractor's changes to
City's standard indemnification provision set forth in Section 6 of the Agreement. The
changes contractor has requested are as follows-.
"CONTRACTOR shall pretest;defend, indemnify and save and 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 natUFe).arising out-of ar in r.ennenfinn With
CONTRACTOR's the performance of this Agreement
by CONTRACTOR, its
officers, agents or employees except such loss or damage which was caused
by the sele negligence or willful misconduct of CITY or any other person.
CONTRACTOR will conduct such defense at its sole cost and expense, CITY
shall be reimbursed by CONTRACTOR for all costs and attorney's fees
necessarily incurred by CITY in successfully enforcing this obligation."
Per Recommended Action 4, contractor requests that City accept the following changes to
the commercial general liability insurance coverage. Contractor requests that City accept a
deductible of Five Thousand Dollars ($5,000.00) per claim and Fifteen Thousand Dollars
($15,000.00) per occurrence. This change is set forth in the last sentence of Section 8 of the
Agreement. Contractor also requests that City accept changes to City's commercial general
liability insurance to exclude claims made against City for bodily injury or property damage
RCA Pyro Spec 1 yr contract -2- 6/12101 12:19 PM
I
&QUEST FOR COUNCIL ACON
MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: CS 01-040
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. This change is set forth in the last
sentence of Paragraph 4 of Exhibit B. In turn, contractor has agreed to double the amount of
its commercial general liability insurance coverage from City's required One Million Dollars
($1,000,000) per occurrence to Two Million Dollars ($2,000,000) per Section 8 of the
Agreement.
Environmental Status: Not Applicable
Attachment(s):
City Clerk's
Page Number No. Description
1. Agreement with Pyro Spectaculars
RCA Author: Bill Fowler '
i
.i
RCA Pyro Spec 1 yr contract -3- 6112/01 12:19 PM
ATTACHMENT #1
SERVICES CONTRACT BETWEEN THE
CITY OF HUNTINGTON BEACH AND PYRO SPECTACULARS, INC.
FOR FIREWORKS DISPLAY ON THE FOURTH OF JULY
TABLE OF CONTENTS
Section Page
1. WORK STATEMENT 1
2. DESIGNATED CONTACTS 2
3. TIME OF PERFORMANCE 2
4. COMPENSATION 2
5. EXTRA WORK 3
6. INDEMNIFICATION AND HOLD HARMLESS 3
7. WORKERS' COMPENSATION AND EMPLOYERS'
LIABILITY INSURANCE 3
8. INSURANCE 4
9. CERTIFICATES OF INSURANCE 5
10. INDEPENDENT CONTRACTOR 6
11. ASSIGNMENT AND SUBCONTRACTING 6
12. CITY EMPLOYEES AND OFFICIALS 6
13. NOTICES 6
14. I.MMIGRATION 7
15. LEGAL SERVICES SUBCONTRACTING PROHIBITED 7
16. MODIFICATION 7
17. SECTION HEADINGS 8
18. INTERPRETATION OF THIS AGREEMENT 8
19. DUPLICATE ORIGINAL 8
20. ATTORNEY'S FEES 9
21. GOVERNING LAW & VENUE 9
22. ENTIRETY 9
SERVICES CONTRACT BETWEEN THE
CITY OF HU TINGTON BEACH AND PYRO SPECTACULARS, INC.
FOR FIREWORKS DISPLAY ON THE FOURTH OF JULY
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 PYRO SPECTACULARS, INC.. a California
corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor to produce and display
fireworks for the Fourth of July at the Huntington Beach High School Football Stadium, 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:
1. WORK STATEMENT
CONTRACTOR shall provide all services as described in Exhibit "A" for the
Fourth of July, 2001 fireworks display. The display is scheduled for approximately 9:00 p.m.
and will last approximately twenty (20) minutes in duration. CONTRACTOR's services shall
include, without limitation, the provision of a licensed pyrotechnic operator, full electronic firing
of the fireworks display, show choreography and design, insurance coverage, sales tax and
delivery and the processing of the necessary permit applications. CITY and CONTRACTOR
further agree to provide all services set forth in the document entitled "Attachment to Services
Contract Between the City of Huntington Beach and Pyro Spectaculars, Inc., for Fireworks
Display on July 4, 2001," hereinafter referred to as Exhibit"B." These Exhibits are attached
2001 auce.Tyro2001;jrnQjn
1
• 0
hereto and incorporated herein by this reference. These services shall sometimes hereinafter be
referred to as "PROJECT."
2. DESIGNATED CONTACTS
CITY shall assign a staff coordinator to work directly with CONTRACTOR in the
performance of this Agreement.
CONTRACTOR hereby designates Jean M. Starr, who shall represent it and be its
point of contact in all consultations with CITY during the performance of this Agreement.
3. 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 to ensure that the
fireworks show occurs at the agreed upon time on the Fourth of July. This schedule may be
amended to benefit the PROJECT if mutually agreed by CITY and CONTRACTOR.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONTRACTOR a fee not to exceed Eighteen Thousand Dollars ($18,000.00). CITY
agrees that the full and final payment for CONTRACTOR's services is due within ten (10)
calendar days after the Fourth of July or by July 14.
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," CONTRACTOR will undertake such
work only upon mutual written agreement of CONTRACTOR and CITY. Additional
compensation for such extra work shall be allowed only if the prior written approval of CITY is
obtained.
6. INDEMNIFICATIOV DEFENSE HOLD HARMLESS
2
2001 agredPyro200I/jmf/ja
CONTRACTOR shall defend, indemnify and save and 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) arising out of the
performance of this Agreement by CONTRACTOR, its officers, agents or employees except
such loss or damage which was caused by the negligence or willful misconduct of CITY or any
other person. CONTRACTOR will conduct such defense at its sole cost and expense. CITY
shall be reimbursed by CONTRACTOR for all costs and attorney's fees necessarily incurred by
CITY in successfully enforcing this obligation.
7. 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 cover all subcontractors or require such 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
3
2001 agreclPyro200I/j mfljn
subrogation under the terms of the workers' compensation and employers' liability insurances
and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
8. INSURANCE
In addition to the workers' compensation and employers' liability insurances,
CONTRACTOR shall obtain and furnish to CITY, a policy of commercial general liability
insurance covering the PROJECT, and a policy of automobile bodily injury and property damage
insurance covering all automobiles owned or operated by CONTRACTOR. The policies shall
cover CONTRACTOR, its officers, agents and employees, while acting within the scope of their
duties, against 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 Two Million Dollars ($2,000,000.00) per occurrence. If coverage is provided under
a form which includes a designated general aggregate limit, the aggregate limit must be no less
than Two Million Dollars ($2,000,000.00) for this PROJECT. The policies 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.
Linder 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 in excess of Five Thousand Dollars ($5,000.00) per claim and Fifteen Thousand
Dollars ($15,000.00) per occurrence.
4
2001 agree'Nyro200]/i in Gan
9. 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.
CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under
this Aeement 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 a copy of all said policies of
insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
5
2001 agrWPyro200I/j mf/jn
10. 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.
11. 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.
12. 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.
13. 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 or to CITY'S Director
of Community Services, as the situation shall warrant, or by enclosing the same in a sealed
6
2001 agree/Pyro2001FjnA/jn
envelope, first class postage prepaid, and depositing the same in the United States Postal
Services, addressed as follows:
TO CITY: TO CONTRACTOR:
Ron Hagan James R. Souza, President
Director of Community Services Pyro Spectaculars, Inc.
City of Huntington Beach P.O. Box 2329
2000 Main Street Rialto, CA 92377
Huntington Beach, CA 92648
Notice shall be deemed effective when delivered or three (3) business days after deposit
in the mail.
14. IMMIGRATION
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.
15. 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.
16. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless
in writing and duty executed by both parties.
7
2001agreeffl ro20011jmiljn
17. SECTION HEADINGS
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. II\TERPRETATION 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.
8
2001 agree/Pyro2001/jmf/jjn
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
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.
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.
9
2001 agree/Pvro200I/jmfljn
•
PYRO SPECTACULARS, INC., CITY OF HU TINGTON BEACH, a
a lifornia co moration municipal corporation of the State of
California
By-
print name May
ITS: (circle one)Chairm residen ice President
r D d/� t7�GN'�
I
1L%% .Nh @ ,a City Clerk
v:
4 name APPROVED AS TO FORM:
ITS: feircle o Secretar {Chief Financial officer/Asst.
Secretary—Treasurer
@ity Attorney f
REVIEWED AND APPROVED: b, ! y -
INITIATED AND APPR ;'tService
City dministrator n 4��w 4 L4
Director f Comm
!0
2001 agrec/Pyro2001/j mf/jn
.TUN-08-2001 17:58 �ITY OF HUNTINGTON BEACH 714 374 1590 P.12
- '' �s �,.. �* .. •'� ". ,' trf�.� -�=�-� „��'`;-�;.��1 �� � j� -�t �,- tom.
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Hunb'ngton Be
714 374 1590 P.ia
3UN-0t3-2001 17,59 ITY OF HI�NTINGTON BEACH
Pyro Spectaculars by Souza agrees to.
Produce a custom designed and Choreographed
Sky Concert`'", utilizing the ''Show Director"
Scripting Program.
Produce all Sky Concert musical and narrative _.
scores.
Manufacture, suppiy, insure, ship, install, fire, and
break down ail display materials.
Provide general liability insurance and hazardous
material transportation insurance in the amounts of
$1 million and $5 million respectively, as well as
workers compensation coverage.
Apply for all necessary federal, stote, and local
fireworks display permits and liCeSes.
a
Q Provide a trained and licensed pyrotechnic
operator and crew.
Provide all necessary pyrotechnic equipment,
including a complete electronic firing system.
j Provide a firing site inspection, meetings with local
authorities, and full media support.
JUN-00-2001 19;00 0ITY OF HUNTINGTON BEACH . 714 374 1590 P-15
•
,�-q. 1rw Opening Song
Water Falls
r Silver Butterflies with Artillery
` Scrambling Comets
Song #1
Silver Bees and Whistling Devils
Dancing Sousa Comets '►:;�
Meterralls
1 _ '
Silver 90CF
Song #2 ,
Sparkling Triangle Barrage
Gold and Silver Palm Trees
P�/m TTP_P_S
Scenes
03_ / '
Twinkling Bouquet Barrage
- - -
S p_ Brilliant
kes
TwInkI1175,9cuqYe&
•
Multicolor Fiesta .. .*.
` \ Happy Faces
Golden Water
/
Mini Finale Barrage Irr
y Fdcoe5
Assorted Chrysanthemums
• Peonies
i
s
'Awl,
wid
4t
jr
R
.� A' ' a •
At—
AIL�� Y r �•• I
JUN-08-2001 19:00 ITY OF HUNTINGTON BEACH 714 374 1590 P. 18
1�D GAG L�
Opening
❑escrf t ion Quantity
♦ 3" Sky Concert Opening Salutes 30
Total of Opening 30
Main Body - Aerial Shells
Description Quantit
♦ 3" Sky Concert Selections 235
♦ 4" Sky Concert Selections 245
Total of Main Body - Aerial Shells 480
Grand Finale
Description Quantity
♦ 2.5" Sky Concert Finale Shells 120
♦ 3" Sky Concert Finale Shells 60
♦ 4" Sky Concert Finale Shells 25
Total of Grand Finale 205
Grand Total 715
{
JUN-08-2001 18:01 ITY OF HUNTINGTON BEACH 714 374 1590 P.19
gyro spectacularsAyrees to.-
Q Manufacture, supply, insure, ship, install, fire, and break down.
all display materials.
❑ Provide general liability insurance and hajardous material.
transportation insurance in the amountsAf-31 million anal'$5
million respectively, as well as workers 68mpensation
coverage.
❑ Apply for all necessary federal, state, and local fireworks
display permits-and licenses.
Q Provide a licensed pyrotechnic operator and crew.
❑ Provide all necessary pyrotechnic equipment.
JUN-OS-2001 16:01 iTY 4F HUNTINGTON REACH 714 374 1590 P.20
EXHIBIT
EXHIBIT "B"
Attachment to Services Contract Between
the City of Huntington Beach and Pyro Spectaculars, Inc.
for Fireworks Display on July 4, 2001
I) CITY, as its own expense, agrees to provide to CONTRACTOR:
A. A suitable display area in which to stage the fireworks display, including a firing
and fallout zone reasonably acceptable to CONTRACTOR in which the fireworks
and fireworks debris may be exhibited, and rise and fall safely ("Display Area").
B. Adequate policing, guard protection, roping, fencing and/or other crowd control
measures to prevent the access of the public or its property or any other people or
property not authorized by CONTRACTOR into the Display Area.
C. The services and cost of standby firemen and/or any applicable permit fees as
required by state and local statutes, ordinances or regulations.
D. Access by CONTRACTOR, at all times, to the Display Area to set up the display.
If CITY fails to fully comply with requirements A, B, C, and/or D set forth above,
CONTRACTOR shall (1) give CITY as much advance notice of CITY's noncompliance as
possible, and use all reasonable efforts to (2) work with CITY to cure such noncompliance, and
provide its services under this Agreement to the extent possible. If these attempts to remedy
CITY's noncompliance fail, then CONTRACTOR shall be relieved of its obligation to perform
and CITY agrees to pay to CONTRACTOR the entire contract price plus any additional
expenses incurred because of said failure. If, in its sole discretion, CITY designates an area for
members of the public to view the display ("Spectator Area") and/or an area for vehicular
parking ("Parking Area"), CITY shall:
E. Ensure that the Spectator Area does not infringe on the Display Area;
F. Have sole responsibility for ensuring that the terrain of the Spectator Area and
any structures thereof, including, but not limited to grandstands and bleachers are
safe for use by spectators;
G. Have sole responsibility for ensuring that the Parking Area is safe for use;
H. Have sole responsibility to police, monitor and appropriately control spectator
access to the Spectator Area and the Parking Area and police, monitor and
appropriately control the behavior of persons in these areas.
It is expressly agreed that CONTRACTOR, (including its operators and helpers) shall not
inspect, police, monitor or otherwise supervise any area of the site other than the Display Area,
except to ensure:
1
I. That any Spectator or Parking Areas are outside the Display Area; and
J. After completion of the display, that the Display Area and surrounding area are
cleared of any live fireworks debris originating from the program.
2. CITY agrees to assume the risk of weather, or other causes beyond CONTRACTOR's
control, which may prevent the display from being safely discharged on the scheduled date,
which may cause the cancellation of any event for which CITY has purchased the display, or
which may affect or damage such portion of the exhibits as must be placed and exposed a
necessary time before the display. It shall be within CONTRACTOR's sole discretion to
determine whether or not the display may be safely discharged on the scheduled date and at the
scheduled time. If, for any reason beyond CONTRACTOR's control, including, without
limitation, inclement weather, CONTRACTOR is unable to safely discharge the display on the
scheduled date or should any event from which CITY has purchased the display be canceled, the
parties shall attempt to negotiate a new display date, which shall be within sixty (50) days of the
original display date. CITY further agrees to pay CONTRACTOR for any additional expenses
made necessary by this postponement. If they are unable to agree on a new display date,
CONTRACTOR shall be entitled to liquidated damages from CITY as if CITY had canceled the
display on the date set for the display, as provided in the following paragraph.
3. CITY shall have the option to unilaterally cancel this display prior to the date of the
display. If CITY exercises this option, CITY agrees to pay to CONTRACTOR, as liquidated
damages, the following percentages of the agreed contact price: 1) twenty-five percent (25%) if
cancellation is three (3) or more days prior to the scheduled day of the display; 2) fifty percent
(50%) if cancellation occurs within two (2) days of the actual date set for the display; 3) seventy-
five percent (75%) if cancellation occurs on the date set for the display but prior to the time
physical set-up of the display actually begins; 4) one hundred percent (100%) thereafter. If
cancellation occurs prior to the date set for the display, CITY agrees to pay CONTRACTOR in
addition to the above percentages, the value associated with any specific custom work performed
by CONTRACTOR or its agents including but not limited to music/narration tape production
and/or sponsors' logos.
4. The Commercial General Liability Insurance which CONTRACTOR is required to
provide shall include CITY as an additional insured regarding claims made against CITY for
bodily injury or property damage arising from the operations of CONTRACTOR in performing
the display provided for in this Agreement. Notwithstanding any other provision of this
Agreement and the Exhibits thereto, such insurance afforded by CONTRACTOR shall not
include 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, including, without limitation, those contained in
Paragraph 1 of this Exhibit B; B) failure of CITY to provide discretionary Spectator and Parking
Areas referred to in Paragraph 1 of this Exhibit B. CITY shall indemnify and hold
CONTRACTOR harmless from all claims and suits made against CONTRACTOR for bodily
injury or property damage arising from A) and B) of this Paragraph.
5. CITY shall provide sand (if required), sound/playback equipment, and communications
to the pyrotechnician.
2
` D%YTON INSURANCE BROKEAINC.
25M CF14M POINT ROAD,SLIrM 301 POST OFFICE BOX 94067
BERMINGHAM,ALABAMA 35215 BIRMINGHAM,ALABAMA 35220
TF.LEPHONEt (205) 854-5W6 FAX: (205) 854-59"
This certificate cancels and replaces certificate number 181229
CERTIFICATE OF INSURANCE NO. 184032
We ce"that insurance as outlined below is afforded the Named InsurW under policy A01 EG25555 issued by Admiral Insurance Company.
NAMED INSURED Pyro Spectaculars,Inc. North Anwican Fhw►xfts Co.(NAFCO)
P.O.Box 2329 San Diego Fireworks
Rialto,California 92377 As1ro Pyrotechnics
Pyro Spectaculars Canada,Inc.
PERIOD January 13,2001 to January 12,2002; Both days inclusive.
COVERAGE Commercial General Liability. Covering against the legal liability of the Named Insured for Bodily Injury
and Property Damage caused by,or arising from,the preparation for,the firing of or the clearance following
fireworks display(s)stated below.
LIMITS OF A) Each Occunwm $2,000,000
LIABILITY B) Products&Completed Operations Aggregate $2,000.000
The addition of more than one insured does not serve to increase the limits of liability.
It is omfied that,in acoordattcc with,and subject to,the terms ofthe above policy, the following SPONSORS AND PROPERTY OWNERS
AND LICENSING AUTHORITIES are included as Additional Insurad(s),but only in respect of the legal liability of each Additional Insured(s)
for Bodily Injury and Property Damage caused by the operations of the Named Insured in connexion with the firing of the fireworks display(s)
stated below. The insurance afforded any Additional Insured does not include coverage for any injury or damage arising from the fitilure of such
Additional Insured to fulfill its obligations specified in its contract with the Named Insured.
NAME&ADDRESS OF INSURED SPONSORS City of Huntington Beach
PROPERTY OWNERS,LICENSORS P.O. Box 5458
.Huntington Beach, CA 92646
ADDITIONAL INSURED(s): CITY OF HUNTINGTON BEACH and HUNTINGTON BEACH HIGH SCHOOL
and HUNTINGTON BEACH UNIFIED SCHOOL DISTRICT and COUNTY OF
ORANGE,their officers, agents and employees when acting in their official capacity
as such.
The Coverage afforded the additional insureds as set forth in this certificate shall be
primary and noncontributory with respect to any insurance carried by such
additional insureds. The insurers waive their rights of subrogation against
the additional insureds.
DISPLAY LOCATION DISPLAY DATE(S)
Huntington Beach High School July 4, 2001
This insurance applies automatically if the described display is fired on any alternative date because of cancellation on the date shown due to
weather or other cause; however,IN NO EVENT WILL COVERAGE APPLY TO BODILY INJURY OR PROPERTY DAMAGE
SUSTAINED AFTER January I2,2002.
This certificate is not an insurance policy and does not in any way amend,extend or alter the coverage afforded by the policy listed above. For particulars
concerning the terms,exclusions and conditions of such policy each Additional Insured is referred to the policy documents in the possession of the Named
Insured. Should the above described policy be cancelled before the expiration date thereof:the issuing company will
mail 30 days'prior written notice to the above named Additional Insured.
APPROVES AS TO FORI4:1 DRAYTON INSURANCE BROKERS,INC.
GbIL HUTTON, City Attorney
June 12,2001 BY;.. Deputy ity_ Attornez
DATE OF ISSUE STRINGER, PRE 3dD
��5/0 I CALIFORNIA LICENSE Rb.OA18664
P PAGE 03/04
!?6r 08r iE;Ol 16:E;6 929—..55—_❑813 PYRO 5.. ECTACLLAnS
• .
END0RSFmZ N7'
INSURING NO. 17 TO POLICY NO. A0IEG25555
COMPANY ADMIRAL INSURANCE COMPANY
(lurein culled-u,e Com+pxny") EFFECTIVE VATS 1113101-
NAMED
INSURED PYRo SpEcrACULARS INC
Page t of I
t is Hereby declared and ogreed that, if so stated in a certificate of insurance, the coverage afforded
any entity included as an Additional Insured under the terms of this policy shall
1) Be primary and non contributory with any policy of insurance (or self insurance) issued
directly to the Additional Insured.
2) Provide a waiver of subrogation in favor of such Additional Insured.
APP$OVED AS TO FORD v
-GAIL HUTTON,, City Attorney.
By:, Deputy City Attorney
AE 00 05 09 94
21 15:11 509 355 ce.3
MAR-21-2001 07:23 . . P.04/04
• ENDORSEMENT
INSURING NO. 16 TO POLICY NO. AOlEG25555
COMPANY ADMIRAL INSURANCE COMPANY
(Weincallad'ihaCompany-) EFFECTIVE DATE 1I13101
NAMED
INSURED PYRO SPECTACULARS INC
Page t of r
It is agreed the following are included as additional insureds hereunder:
Sponsors, landowners, bargeowners and/or licensing authorities with respect to operations of the
named insured in connection with the preparation for, the firing of, or cleanup fallowing fireworks
displays performed by the named insured or the named insured's employees, and to whom
certificates) of insurance are issued which specify date(s)and location(s) of such displays.
The covevige afforded such Addis onal Insureds does not apply to injury or damage arising from
the failure of any such Additional Insured to fulfill its obligations specified in its contract with the
Named Insured.
APPROT-' D AS TO FORM:
GAIT, RUTTON., City Attorney
>Iy.:, DeDu . City Attornez
�I
/�
AE 00 06 09 94
TOTAL P.04
e6/08/2001 15: 8S 9219-355-9813 PYRO SPECTACiLARS PAGE 04/04
ENDORSEMENT
INSURING
COMPANY ,.....AD.?1 .RAL..I NSURANCE..COMP.ANY................ NO. ..06.....,....,.........TO POLICY NO. -AO I EG25555........
Iherern coiled"the Cornpany"j
EFFECTIVE DATE . 1./.131Z00I,.....................................
NAMED
INSURED...P.YRO. SPCCTACGLARS, INC.... LIABILITY DEDUCTIBLE
In consideration of the premiurn charged, it is agreed:
I. From file total amOLtnl of the Company's obligaiion to iinyeilher damages on behall of the Insured,or any expenses incurred umicr the
SUPPLEMENTARY PAYMENTS proviSicii. Ihere shall be subtracted ilia deductible amounts stated in file schedule below as
applicable to such coverages.
2 The deduct ble announl scaled it, the schedule apply as follows
Ia) PEn•CLAw 13ASIS -« 11 it le deductible is on a 'per Ctaim"basis,the deductible amount applies under Bodily Injury Liability or
Properly Damage Liability Coverage, respectively, to all payments made {damages or expenses) because of bodily injury
sustained by one person.or to all properly damage sustained by one person or organization.as the result of any one occurrence
(bI PER-OCCURRENCE BASIS . If the deductible is on a"per occurrence"basis,the deductible amount applies under the Bodily
Injury Liability or Properly Damage Liability Coverage,respectively,to all payments made(Damages or Expensesl because of all
bodily injury or property damage cis the result of any one occurrence.
3. The terms of liie oalicv.including Ihose with respect to(a)the Company's rights anddulieswilh respect to the defense of suits end lb)
the insured's duties in Ilie avant of an occurrence, apply irrespective of the application of Ilia deductible arnounl.
4. The Company may pay any part or all of the deductible amount to effect settlement of any claim or suit and,upon notification 01 the
action taken. the Named Insured shall promptly reimburse file Company for such part of the deductible amount as has been paid by
the Company.
5 In the event Ihat the insured shall not promptly reimburse Ilse company for the deductible amount demanded,then any cost incurred
by ilia Company in collection of the deductible arnounl shell be added to and applied in addition to the applicable deductible amount
without limitation to such costs These costs shall include but not be limited to collection agency lees,allorrtey's lees and interest.
SCHEDULE
COVERAGE AMOUNT 8, BASIS OF DEDUCTIBLE
A. Bodily Injury Liabilriv . . ... ... ... ...................I........5...... ....... .....Per Claim
6....................Per Occurrence
B. Property Damage . ..... ... .. ... ... .......... .. .. .. .... ... ................. ....... S....................Per Claim
S....................Per Occurrence
C. Bodily Injury and Properly Damage Liability Combined .......................................s,„5,.OA0.... ... .Per Ctairn
$. .. ............ ..Per Occurrence
NOTE: It the policy provides Personal Injury Liability Coverage, the word "personal"shall be substituted for file word"Bodily"in file
foregoing.
*SUBJECT TO AN AGGREGATE AMOUNT OF $15,000.
FOR ALL CLAIl'iS ARISING OUT OC EACH ACCURRENCC.
���E,t�i:►�t� AS TU P OR11 t .
,r ; Attorr_eY gY, •
G:_I.L Ni.f.101T, City
BS'
Deputy `airy At�s-5 Authofiled n•presonistiva
AC-00071 i 0/091
JLN-0?-200 :6:11 909 355 9813 98i P.04
EE/2_r 20�1 _3: 4P 9Ea9-35 -9813 TYRO SPECTACULARS FA=E e2102
0
STATE P.O. Box 4-20807, SAN FRA.NCISCO, CA 94142-0807
COMPENSATION
1NSURANGE
FU N CJ .CERTIFICATE:OF WORK RS''.COMPENSATION-INSURANCE..: -:
JU 7� ' ` :. _ t P4UCYT+iUMtrER;.- 08037;y 0�
`CERTfFIC ATE�XFIRES !QI q�r-�1
r - I.
CITY OF Hi_HTINCaTON 'BC:W, .' .Th1S'bSUPERSEDES OF) .
RTSK I11ANAGFKEHT.•.1}IV1STnt•; l!)RREf;'fS ``SHE CERTJF1''�AYE:
21300 MAI 4 STRE1;'t`-:..'.. a " I5513ED (1H. L,�Qlfi�f U.
I;UN'f,311.1 REAl"R---CA �-':•:W ISTOB:,AG=_.°CJPF:RA'f-IONS
I_
Tn's s to cert:Fy that we have issued a val d Wor cers'Compensa;on •rs-rance policy ir, a form aww►oved by the Calitornia
Insurance Commissioner to:`Ze employer named below for;ne po'icy period ind cated.
30
Th-s policy s not sunject to cancell2tion by the Fund except upon tgkdays advance written roace:o:he emp'oyar.
We will alsc give you TRN days'advance notice should th's oo;icy be cancelled prior to its normal expirat'on.
This certificate of insurance ss not an insurance policy and does not amend, extend or alter the coverage.affordad by the
policies listed herein. Notwithstanaing any requirement, .term, or condition o' any coat-act or.other document wi;h
respect to wh;ch this certificate of-:jns;,rance rn: y be•tasueb.or may pertain, the insurz0r_8.affordeG by the policies
descrioed herein.°i5_subjd t to all thofrn ;,excluSronsi6d,a6h�iti4ns of such polie;es. ' :' . _Y; •,:
AUTHORIZED riG0pESE1J"`4tly[ - - i---l.- - t r7F tRSFOENT
E1IPLOYER'E ':..IABILL7Y L'•iilT INi,LL1G`Ihlf� .b :F"E1i5E COSTS:. 9`1• OZO,030 PER 0C(;'•JR1iEN'ZE,
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DOCUMENTTHIS
JUN-25-2001 13:46 909 355 9313 :Bx P,02
H
City of Huntington Beach
P.O.Box 190-2000 Main Street
Huntington Beach,California 92648
HUNTINGTON BEACH
•.� rrr
From the desk of: Liz Ehring
Deputy City Clerk .-
Telephone::.(?14}�374 1559:�
Fax:
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J/-00 161-PF5 Co u-e W <rr1fea-, o��I f
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✓ 1 Jos �DT yv� VI-91 /0"' .
SERVICES CONTRACT BETWEEN THE
CITY OF HUNTINGTON BEACH AND PYRO SPECTACULARS, INC.
FOR FIREWORKS DISPLAY ON THE FOURTH OF JULY
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 PYRO SPECTACULARS, INC., a California
corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor to produce and display
fireworks for the Fourth of July at the Huntington Beach High School Football Stadium, 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:
1. WORK STATEMENT
CONTRACTOR shall provide all services as described in Exhibit for the
Fourth of July, 2001 fireworks display. The display is scheduled for approximately 9:00 p.m.
and will last approximately twenty (20) minutes in duration. CONTRACTOR's services sliall
include, without limitation, the provision of a licensed pyrotechnic operator, full electronic firing
of the fireworks display, show choreography and design, insurance coverage, sales tax and
delivery and the processing of the necessary permit applications. CITY and CONTRACTOR
further agree to provide all services set forth in the document entitled"Attachment to Services
Contract Between the City of Huntington Beach and Pyro Spectaculars, Inc., for Fireworks
Display on July 4, 2001,"hereinafter referred to as Exhibit`B:' These Exhibits are attached
1
2001 agredPyro200lljmfljn
� �'o
RCA ROUTING 9HEET
INITIATING DEPARTMENT: Community Services
SUBJECT: Approve Agreement with Pyro Spectaculars to Provide a
Fireworks Show as Part of the 2001 Fourth of July
Celebration
COUNCIL MEETING DATE: June 18, 2001
RCA ATTACHMENTS.. =. . :.:. . STATUS :.;:
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
Si ned in full by the City Attome Attached
Subleases, Third Party Agreements, etc.
A roved as to form bX City Attome Not Applicable
Certificates of Insurance (Approved 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:FOR MISSING-ATTACHMENTS
REVIEWED RETURNED;: FORWARDED
Administrative Staff
Assistant City Administrator Initial -
City Administrator Initial
City Clerk
MEXP NATION"FORRETURN OF ITEM.
(Below Space For City Clerk's Use GIs ?
Only)
.�
RCA Authbr: -Bill-Fowler
6118/0 l
Public Comments summary for
Speaker Norm Westwell
FECEWD FPO.
J,
AND µWE A PART pF A
Speakers position on selected agenda items: COt1NC4l JIAF.kTINa OF Q .
o CF,.t.�
DONNE SADCkWAY,crry Pu ft
"EM# !
D-1 In Favor
' I
D-2 Against — Unnecessary expansion of governmental powers.
LD-3) Against — The ublic NEVER benefits in a no-bid contract Recommend this contract go
�
p � ,
to bid.
E-6 Against — The city is currently paying a Director of Water Operations, an interim
Director of Water Operations, in addition to full time staff. A very substantial sum of
money. These paid employees, and consultant should be performing this type of work. If
they cannot perform the necessary work of the city for normal water projects, either
eliminate the city positions or the consultants. Paying both is absurd.
E-8 Against —New "trial" programs should not be undertaken while the city is in our current
budgetary shortfall.
x
E-9 Against — s45,000 for change orders! Let's get the project correct from the beaining.
An anticipated $45,000 in change orders identifies a project which has not been carefully
planned. Recommend using Grant money more efficiently bye I i minatin Q chance orders.
E-10 Against— A 1.2 million dollar expenditure should not be a Consent Calendar Item !!!
This is not a routine expenditure. The city has spent a half a million dollars on a police
vehicle locator system that was to last 10 years minimum. The police abandoned it in
less than 5. The city has yet to remove the old system transmitters spread through out
the city.
E-20 Against— If the people cannot enjoy the freedom to celebrate at home, on private
property with safe and sane fireworks, the city should not be permitted to expend
taxpayer money to engage in a monopoly enterprise, collecting money as a result of the
restrictive ordinances it has established. Recommend re-legalizing limited safe and sane
fireworks within the city limits and creating an ordinance prohibiting the unsafe use of
safe and sane fireworks. Alternate action — Relocate future public fireworks displays
back to the city pier, our cities landmark.
F-1 In Favor — This is a fine example of a much needed and long overdue public project.
H-3a. Against — NYMBY ! This is a feel good politically motivated ordinance that will
serve no useful purpose. The state can't get people to wear seat belts! HB can force
people to purchase "some kind" of alarm equip ment, b �ve can't make them use it. So
p q p
what's the point. People must be responsible for their own actions. When the
government removes all responsibilities from the people, the people are no longer
responsible. The government is not here to protect children from drowning. If it were, it
would be providing free swimming lessons. The government IS here to protect the
liberties of individuals.
Addendum — See U.S. Constitution
Speakers oral comments:
Speaker feels 4" of July fireworks signs are ambiguous and cause confusion.
(Speaker provided sign examples to council)
Speaker against further funding of the D.A.R.E program. Reason: D.A.R.E. has been shown
over and over to be an ineffective waste of•money.
Speaker presented council with a 10 year follow up study by the Journal of Consulting and
Clinical Psychology with findings supporting the position that the program is a ineffective
waste of money.
This study may be found on the internet at:
http:Hww-w.apa.orglj ournals/ccp;ccpb74590.html
Presented council with additional background information by Jodi Upton and Kim Kozlowski
of the Detroit News. This information may be found on the internet at:
http://www.detnews.com/specialreports/2000/dare/skeptics/skeptics.htm
Speaker against increasing fees for liability insurance for the rental of park facilities such as
fire pits and barbecues. The city already has liability insurance for public property. We don't
need insurance on top of insurance. These are public facilities intended to be used by the
public. The public must not be charged over and over again to use it's own facilities.
Speaker would like clarification of the reaffirmation of HB3-TV public policy for upcoming
consideration. The cities current position is this is a "government" channel intended to
showcase the cities position on issues and highlight city functions in a positive light for the
public. The policy goes as far as to exclude the public because as a "government channel" the
public has no right to access. I would like to remind my elected officials, this is representative
government OF THE PEOPLE, BY THE PEOPLE, AND FOR THE PEOPLE. Our
government is the people themselves. The city has put itself into a position of "us against
them" mentality . Instead of working with the community, it now works to oppose, oppress and
censor the community. The public does not intend to continue paying for city sponsored
propaganda.
Recommend action: Direct staff to update HB-3TV policies to procedures for reaffirmation.
These policies and procedures should show intent and use of the facilities and must show it will
operate in the best interests, benefit and necessity ofthe community and allow for public input
and interaction.
Alternate action: Eliminate HB3-TV because it only benefits public officials does not benefit
the community at large.