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HomeMy WebLinkAboutZAMBELLI FIREWORKS MANUFACTURING COMPANY - 2006-06-16�CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Zambelli Fireworks Manufacturing Company (Amendment No. 1) Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park For fireworks display on the Fourth of July - �O© -�4-uz_� AO®& Amount of Contract: $40,000.00oa Copy of contract distributed to: The original insurance certificate/waiver distributed ❑ Initiating Dept. to Risk Management ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ i& i'd A Name/Ext nsion City Attorney's Office Date: - �� A) '51301da -7- coo X: 71/-11doo d' G:AttyMisc/Contract Forms/City Clerk Transmittal AMENDMENT NO. I TO SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR ZAMBELLI FIREWORKS MANUFACTURING COMPANY, INC. FOR FIREWORKS DISPLAY ON THE FOURTH OF JULY THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY", and ZAMBELLI FIREWORKS MANUFACTURING COMPANY, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated June 16, 2006, entitled "Services Contract Between the City of Huntington Beach and Zambelli Fireworks Manufacturing Company, Inc. for Fireworks Display on the Fourth of July" which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONTRACTOR wish to amend the Original Contract to include a Fourth of July Fireworks Display for July 4th, 2007 and July 4th 2008 and provide compensation therefor, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR, as follows: Paragraph No. 1 WORK STATEMENT is hereby amended to read as follows: CONTRACTOR shall provide all services as described in herein for the Fourth of July fireworks display for July 2007 and July 2008, and shall consist of the following: AERIAL PROGRAM Fanfare Three Inch Finale Shells 100 Four Inch Finale Shells 24 Five Inch Finale Shells 20 Six Inch Finale Shells 16 Body Finale Four Inch Display Shells 222 Five Inch Display Shells 185 Six Inch Display Shells 148 Eight Inch Display Shells 45 Three Inch Display Shells 140 Four Inch Display Shells 300 Five Inch Display Shells 70 Six Inch Display Shells 56 Eight Inch Display Shells 1 The program will fire at a rate of 30 (or more) shells per minute. This ensures that the sky will not be "black" unless called for in the choreography. Shells will open to overlap previous shells to keep the action continuous. The display shall be accompanied by a musical soundtrack appropriate for the 41h of July and the show will be fired electrically. 06-635/5480 1 CONTRACTOR's services shall also 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. These services shall sometimes hereinafter be referred to as "PROJECT." 2. Paragraph No. 4 COMPENSATION is hereby amended to read as follows: In consideration of the performance of the services described herein, CITY agrees to pay CONTACTOR a fee of Forty Thousand Dollars ($40,000.00) per show. CITY agrees that the full and final payment for CONTRACTOR's services per show is due within ten (10) calendar days after the Fourth of July or by July 14th. 3. Paragraph No. 5. SPECIAL PROVISIONS is hereby amended to read as follows: A. CONTRACTOR will provide a fireworks show that is a minimum of 20 minutes in length on July 4, 2006, July 4, 2007 and July 4, 2008. The fireworks shall be launched off of the Huntington Beach Pier, beginning at approximately 9:00 P.M. B. CONTRACTOR will provide a California licensed pyrotechnic operator and crew including sufficient qualified technicians and laborers to execute the event. The assigned employee of CONTRACTOR will be available for up to three on -site, pre -event meetings with the 4t' of July Board and CITY staff. C. CONTRACTOR will obtain all applicable federal, state, county and CITY permits. All CITY permit paperwork must be submitted and fees for CITY permits will be waived. CONTRACTOR is responsible for the processing of other permits. 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officer on Aw r A 30 , 200 7 . ZAMBELLI FIREWORKS MANUFACTURING CITY OF HUNTINGTON BEACH, a municipal COMPANY, INC. corporation of the State of California printe ITS: (circle on Chairman/P esident/Vice President Finance Director (Pursuant to HBMC Chapter 3.02) AND APP OVED AS TO FORM: mwBya .� 3 ?o d? \ i ity Attorney I— V 14.101)46 print name �,:SDJM ITS: (circle one) Secretary/Chief Financial INITIATED AND APPROVED: Officer sst. Secretary - Treasurer Dir c r of Community Service 06-635/5480 2 CERTIFICATE OF INSURANCE Issue Date MM/DD/YY PRODUCER: 3122/07 Allied Specialty Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 10451 Gulf Blvd CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERIFICATE Treasure Island FL 33706 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1-800-237-3355 COMPANIES AFFORDING COVERAGE INSURED: COMPANY A T.H.E. INSURANCE COMPANY LETTER ZAMBELLI FIREWORKS MFG.CO. INC. COMPANY B ZAMBELLI FAMILY PARTNERSHIP LETTER 20 SOUTH MERCER COMPANY C LETTER NEW CASTLE, PA 16103-1463 COMPANY D - LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF POLICY POLICY POLICY LTR INSURANCE NUMBER EFF DATE EXP DATE LIMITS GENERAL LIABILITY GENERAL AGGREGATE $3,000,000 ® COMMERCIAL GENERAL LIABILITY M7MF2685 2/1/07 211/08 PRODUCTS-COMP/OP AGG $1,000,000 A ❑CLAIMS MADE ®OCCUR PERSONAL & ADV INJURY $1,000,000 ❑ OWNER'S & CONT PROT EACH OCCURANCE $1,000,000 ❑ FIRE DAMAGE (any one fire) $50,000 MED EXP (any oneperson) $NA AUTOMOBILE LIABILITY ❑ ANY AUTO M7MF2685 2/1/07 2/1/08 COMBINED SINGLE LIMIT $1,000,000 A ❑ ALL OWNED AUTOS BODILY INJURY $ ® SCHEDULED AUTOS (per person) ® HIRED AUTOS p VED TO F BODILY INJURY $ ® NON -OWNED AUTOS (per accident) ❑ PROPERTY DAMAGE $ GARAGE LIABILITY IENI TIFERWGRAM. 01tr Attomey AUTO ONLY —EA ACCIDENT $ 0 ANY AUTO , OTHER THAN AUTO ONLY: $ �3/,? EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY A ❑ UMBRELLA FORM M7XF2686 2/1/07 2/1/08 EACH OCCURENCE $1,000,000 ®OTHER THAN UMBRELLA FORM AGGREGATE $1,000,000 WORKERS COMPENSATION AND EMPLOYEES' LIABILITY ❑ STATUTORY LIMITS THE PROPRIETOR/ ❑ INCL EACH ACCIDENT $ PARTNERS/EXECUTIVE DISEASE -POLICY LIMIT $ OFFICERS ARE: ❑ EXCL DISEASE -EACH EMPLOYEE $ OTHER A EXCESS LIABILITY M7XF2687 2/1/07 2/1/08 EACH OCCURRENCE $8,000,000 AGGREGATE $8,000,000 HIRED PHYSICAL DAMAGE M7MF2685 2/1/07 2/1/08 LIMIT $100,000 $2,500 Ded. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS DISPLAY DATE: 7-4-07 or alternate date as per contract. THE FOLLOWING ARE NAMED AS ADDITIONAL INSUREDS AS RESPECTS COMMERCIAL GENERAL LIABILITY INSURANCE PERTAINING TO THE OPERATIONS OF THE NAMED INSURED ONLY: THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, EMPLOYEES AND THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA. Form CG2026(0704), Additional Insured - Designated Person or Organization is attached hereto. CERTIFICATE HOLDER CANCELLATION Ms. Naida Osline SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Huntington Beach BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY 2000 Main Street WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL Huntington Beach, CA 92648 SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REP NTA IVE POLICY NUMBER: OOM7MF2685 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orcianization(s) THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, EMPLOYEES AND THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA LOCATION: 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 WITH RESPECTS TO THE INSUREDS OPERATIONS ON 07/04/07 ONLY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ 06/16/20OG 08:26 6617462844 ZAMBELLI WEST POLICYHOLDER COPY STATE ATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION IINSUFkANCC F U N CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06-05-2006 47H OF %)ULY EXEC BOARD 2000 MAIN STREET HUNTINGTON BEACH CA 92646 GROUP; POLICY NUMBER: 0802209-20M CERTIFICATE ID: 390 CERTIFICATE EXPIRES: 06-05-2007 06-05-2006/06-05-2007 NT J00:HUNTINGTON BEACH, CA This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. PAGE 02/02 NT This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration, This certificate of insurance is not an insuranoe policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect 10 which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTHORI�ZSD FtEPFiESENTATi PRESIDENT tEMPL0YEIRIS LIABILITY LIMIT INCLUDING DEFENSE COSTS: S1,006,000 PER OCCURRENCE. ENDORSEMENT N1500 - GEODE ZAMBEI,k,I, PRES - EXCLUDED. ENDORSEMENT #1500 - CONNIE ZAMBELLI, VFW - EXCLUDED. ENDORSEMENT #208*s ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-03.1990 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ZAMBEI.L1 FIRZWORKS MPG CO., INC. PO BOX 1144333 NEW CASTLE PA 16103 NT APPROVEAcGRATH/, RM, J NIFER City Attorney Gl/� /err M0410 IREV.2-e5i PRINTED : 05-17-2000 0149C. ,- CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification Amendment # 1 Date: 1 /4/2007 1. Department: Community Services 2. Requested By: Naida Osline 3. Name of Consultant: Zambelli Fireworks 4. Amount of Original/Prior Contract: $40,000 5. Additional Compensation Requested: $40,000 per year/ 2 years =,HBO, G o 0 6. Reason for Contract Amendment: Previous one-year contract allowed for the extension of the contract for two additional years. 7. Are sufficient funds available to fund this contract? Yes ® No ❑ 8. Company number and object code where funds are budgeted: 20445803,69505 D artment Head Sign ure CH AMADRIL, VanWer Central Services Division {7 �CONTRACTS SUBMITO ,, CITY CLERK'S Odd ��' To: JOAN FLYNN, City Clerk Name of Contractor: Zambelli Fireworks Manufacturing Company, Inc. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Production and display of fireworks for the 2006 Fourth of July on the Huntington Beach Municipal Pier Amount of Contract: $40,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. to Risk Management Yl City Treasurer ORIGINAL bonds sent to Treasurer 0 s`i v Date: N Extension i Attorney's Office SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ZAMBELLI FIREWORKS MANUFACTURING COMPANY, 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 ZAMBELLI FIREWORKS MANUFACTURING COMPANY, 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 2006 Fourth of July on the Huntington Beach Municipal 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 herein for the Fourth of July, 2006 fireworks display. The display is scheduled for approximately 9:00 p.m. and will last a minimum of twenty (20) minutes in duration, and shall consist of the following: 06agree/zambelli fireworks 2006 1 LJ AERIAL PROGRAM Fanfare Three Inch Finale Shells 100 Four Inch Finale Shells 24 Five Inch Finale Shells 20 Six Inch Finale Shells 16 Finale Four Inch Display Shells 222 Five Inch Display Shells 185 Six Inch Display Shells 148 Eight Inch Display Shells 45 Three Inch Display Shells 140 Four Inch Display Shells 300 Five Inch Display Shells 70 Six Inch Display Shells 56 Eight Inch Display Shells 1 The program will fire at a rate of 30 (or more) shells per minute. This ensures that the sky will not be "black" unless called for in the choreography. Shells will open to overlap previous shells to keep the action continuous. The display shall be accompanied by a musical soundtrack appropriate for the 41" of July and the show will be fired electrically. CONTRACTOR's services shall also 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. 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 Irving Perry, who shall represent it and be its point of contact in all consultations with CITY during the performance of this Agreement. 06agree/zambelli fireworks 2006 2 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 of Forty Thousand Dollars ($40,000.00). 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. SPECIAL PROVISIONS A. CONTRACTOR will provide a fireworks show that is a minimum of 20 minutes in length on July 4, 2006. The fireworks shall be launched off of the Huntington Beach Pier, beginning at approximately 9:00 P.M. B. CONTRACTOR will provide a California licensed pyrotechnic operator (Jeffrey Eidemiller) and crew including sufficient qualified technicians and laborers to execute the event. The assigned employee of contractor (Eidemiller) will be available for up to three on - site, pre -event meetings with the 41h of July Board and CITY staff. If, in the event that Mr. Eidemiller's service cannot be provided, CONTRACTOR will provide a pyrotechnic operator with similar credentials and experience. C. CONTRACTOR will obtain all applicable federal, state, county and CITY permits. All CITY permit paperwork must be submitted and fees for CITY permits will be waived. CITY will apply for a Marine Event Permit from the Coast Guard. CONTRACTOR is responsible for the processing of other permits. 06agree/zambelli fireworks 2006 3 D. CONTRACTOR will meet or exceed all provisions of the Huntington Beach Fire Code Article 78 and California Code of Regulations, Title 19-Public Safety, Chapter 6, Articles 1 through 15. In the event of a conflict in standards between the codes, the more stringent shall prevail. E. Alternate materials and methods must be submitted by CONTRACTOR and may be approved by the Fire Chief provided that the Fire Chief finds that the proposed design, use or operation satisfactorily complies with the intent of Article 78 or other recognized national standards acceptable to the CITY. Furthermore, the method of work performed or operation, shall be for the purpose intended, and at least equivalent to that prescribed in the code in quality, strength, effectiveness, fire resistance, durability and safety. equipment. F. CONTRACTOR is responsible to provide all necessary pyrotechnic G. CONTRACTOR is responsible for the removal of unexploded fireworks and event equipment. A plan detailing the route and destination of unexploded fireworks must be submitted to the authorities having jurisdiction as required. H. CONTRACTOR must submit a fire protection plan, subject to the review and approval of CITY's Fire Chief to provide for the protection of Ruby's restaurant at the end of the Pier from fire or other damage. I. CONTRACTOR will provide a musical score that corresponds with the fireworks display. Operator will work with the event's radio partner and the Fourth of July Board to coordinate the live radio broadcast of the event. CITY will provide sound equipment. J. CITY will permit an accessible location to launch fireworks. 06agree/zambelli fireworks 2006 4 K. CITY will provide for barricades, police and security to clear the public from the set-up area and to maintain the necessary safety zone throughout the set-up, the event and the take down. L. CITY will provide sand, including delivery and pick up. M. CITY and CONTRACTOR will work together and mutually agree on a timeline for fireworks delivery, set up and access to the Pier. N. If either party deems conditions unsafe, the fireworks display will be delayed or postponed until conditions are corrected. If conditions are not corrected, either party may cancel the display without further liability to either party. O. 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. P. Liquidated Damages/Delays: It is agreed by the parties hereto that in case CONTRACTOR fails to perform the fireworks show referenced herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of 06agree/zambelli fireworks 2006 5 CONTRACTOR'S failure to perform. It is therefore agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Forty Thousand Dollars ($40,000.00), which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of CONTRACTOR'S failure to perform the fireworks show; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. As used herein, the phrase "failure to perform" does not refer to issues concerning the quality or completeness of the display. Q. Upon mutual written agreement of the parties, the term of this Agreement may be extended fora period not to exceed three (3) years. 6. EXTRA WORK In the event CITY requires additional services not included herein or changes in the scope of services described herein 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. 7. 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 costs and expense. CITY 06agree/zambelli fireworks 2006 6 • • shall be reimbursed by CONTRACTOR for all costs and attorney's fees necessarily incurred by CITY in successfully enforcing this obligation. 8. 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 subrogation under the terms of the workers' compensation and employers' liability insurances and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 9. 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 06agree/zambelli fireworks 2006 7 J • 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 Two Thousand Five Hundred Dollars ($2,500.00). 10. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice. O6agree/zambelli fireworks 2006 8 • • 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. 11. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 12. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated or subcontracted by CONTRACTOR to any other person or entity without the prior written consent of CITY. 13. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 06agree/zambelli fireworks 2006 9 sl3o% LJ • 14. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR's 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: Jim B. Engle Director of Community Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: Irving Perry _ Zambelli Fireworks Manufacturing Corp. Inc. P. O. Box 986 Shafter, CA 93263 Notice shall be deemed effective when delivered or three (3) business days after deposit in the mail. 15. 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. 16. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 06agree/zambelli fireworks 2006 10 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 18. 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 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. 06agree/zambelli fireworks 2006 11 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. REST OF PAGE NOT USED 06agree/zambelli fireworks 2006 g R �ll 12 a 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 32006. ZAMBELLI FIREWORKS MANUFACTURING COMPANY, INC 7 t B I ITS: (circle ne) Chairman/Pr sident/Vice President CITY OF HUNTINGTON BEACH, a municipal corporate of the State of California mane Director (Pursuant to HBMC Chapter 3.02) AND q B i.��r_ /.l4 ' ' 1AS TO FORM: Attorne�d` lotS S 0(0 print name INITIATED AND APPROVED: S' ITS: (circle on . Secretar / ief Financial Officer/Asst. Orla /� s �.i. Secretary — Treasurer 06agree/zambelli fireworks 2006 1. Requested by: Naida Osline 2. Date: May 11, 2006 3. Name of contractor/permittee: Zambelli International Fireworks 4. Description of work to be performed: Production of 4t" of July Fireworks show 5. Value and length of contract: $40,000, 2-day set-up, 20 min. show 6. Waiver/modification request: Waiver of $2500 deductible for general liability 7. Reason for request and why it should be granted: Company's insurance carrier cannot provide 8. Identify the risks to the City in approving this waiver/modification: Minimal risk 1. Risk anagement Approved ❑ Denied Signature Date: Date 2. =eyls Officed ❑ Denied Signature I Datb 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date noniimPnt1 5/1100M 9194 PM s • CERTIFICATE OF INSURANCE Issue Date MMrDOIYY PRODUCER: 513/08 Allied Specialty insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 10451 Gulf Blvd CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERIFiCATE Treasure (stand, FL 33706 DOES NOT AMEN, EMEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. 1-800 237-3355 COMPANIES AFFORDING COVERAGE INSURED: COMPANY A T.H.E. INSURANCE COMPANY LETTER ZAMBELLI FIREWORKS MFG.CO. INC. COMIRANY B ZAMBELLI FAMILY PARTNERSHIP LETTER 20 SOUTH MERCER LETTERCOMPANY LETTER C NEW CASTLE, PA 16103-1463 COMPANY D LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF POLICY POLICY POLICY LTR INSURANCE NUMBER EFF DATE EXP DATE LIMITS GENERAL LIABLITY GENERAL AGGREGATE $3,000,OI)0 t9 COMMERCIAL GENERAL LIABILITY MOMF2016 2/1106 20107 PRODUCTS-COMPIOP AGO $1,000,000 A []CLAIMS MADE ®OCCUR PERSONAL & ADV INJURY $! 0D0,000 ❑ OWNER'S & CONT PROT EACH OCCURANCE $1.000,000 Q FIRE DAMAGE (arty one fi(e) $50,000 MED EXP a are ) $NA AuroMoulLe LIABILITY ❑ ANY AUTO MGMP9016 211M 211107 COMBINED SINGLE LIMIT $1.000,000 A ❑ ALL OWNED AUTOS BODILY INJURY $ 13 SCHEDULED AUTOS APPROV D AS TO ORM (per person) ® HIRED AUTOS jENNIFE N4c13 1 � A BODILY INJURY $ 0 NON -OWNED AUTOS (per accident) 11 PROPERTY DAMAGE $ GARAGE UASILRY AUTO ONLY -EA ACCIDENT $ Q ANY AUTO By Paul essandro (&k4l' OTHER THAN AUTO ONLY: S 0 Assistant ty Attorney EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY A ❑ UMBRELLA FORM MtiXFOOIT 2MMS 2RW EACH OCCURENCE $1.0001000 OTHER THAN UMBRELLA FORM AGGREGATE SiA01000 WORKERS COMPENSATION AND EMPLOYEES' UABIUTY ❑ STATUTORY UMITS THE PROPRIETOR/ Q INCL EACH ACCIDENT S PARTNERS/EXECUTIVE DISEASE -POLICY LIMIT $ OFFICERS ARE: Q EXCL DISEASE -EACH EMPLOYEE S OTHER - A EXCESS LIABILITY MGXF9010 211106 211107 EACH OCCURRENCE S8,000,000 AGGREGATE $9,000,000 HIRED PHYSICAL DAMAGE M6MF9016 2111" 211107 LIMIT $1 $Z500 Ded. CC$ —CAPTION OF QPERATIONSILOCATIONSNEH IAL ITEMS DISPLAY DATE: 74-06 or attemak date as per contract. THE FOLLOWING ARE NAMED AS ADDITIONAL INSUREDS AS RESPECTS COMMERCIAL GENERAL I.IABtUTY INSURANCE PERTAINING TO THE OPERATIONS OF THE NAMED INSURED ONLY-. The City of Huntington Beach, Its Agents, Offices, Employees and the RedevetopmeM Agency of the City of Ho AkWon Benok California. AdditiotW Parson or Organiudion, Form C620260704 Ns attached hereto. CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 2000 Main Street BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY Huntin ton Beach, Ca llfamla 9264& B WILL, ENl9E> �9 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ::kjAq AUTHOmmo REPR E nr mL^n,- I7 / A-mn. in SUT • 7 • U • r WA 01 : To 9002-co-ACK • is POLICY NUMBER: 00M6MF9016 COMMERCIAL GENERAL LIABILITY CO 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL_ GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Or anizatiott s T" CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS, EMPLOYEES AND THE REDFVELO(44ENT AGENCY OF THE CITY OF HUNTINGTON REACH, CALIFORNIA 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA, 92649 BUT ONLY WITH RESPECTS TO THE DISPLAY HELD ON 7/04/06 Information required to com Iete this Schedule If not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to In- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or . in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations, or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 O ISO -Properties, Inc., 2004 Page 1 of 1 D ---• --- - ,.r - i1 . T LT.I T T : T!1 QAn7-rn-ADW • • From: Cindy Day Allied Specialty insurance, Inc. 10451 Gulf Boulevard, Treasure Island, FL 33706 Phone:1-800-237-3355 Ext. 271 Fax 727-360-4232 To: Christi Mendoza/Risk Management Date: 5-3-06 ? �� :lie: Zambelli Fireworks 7-406 Display City of Huntington Beach, California Christi, Your faxed request for certificate as previously sent to our insured has been received. Enclosed is eerti Coate of insurance and copy of endorsement CG133.F(07/95) which is attached to and made a part of policy number M6MF9016 issued to Zambelli Fireworks. Please be advised that Workers' Compensation is not provided in the State of California under T.H.E. Workers' Compensation policy. Zambelli maintains a separate policy through the State Fund of California with regard to their operations in that State. Therefore, you will need to contact them directly for a certificate of insurance for workers' compensation.. Thank you Cindy Day Enclosure nr-o"nnr. /'7! aaunjnsuT '2'H'1 Rd OI : t0 90o2-CO-ADH 06/16/20OG 08:26 66174#4 ZAMBELLI WEST . POLICYHOIDEOY PAGE 02/02 NT STATE ATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION IN $UfTANCE wro-"U N CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06-05-2006 GROUP: POLICY NUMBER: 0902299-2006 CERTIFICATE ID: 390 CERTIFICATE EXPIRES: 06-05-2007 06-05-2006/06-05-2007 4TH OF JULY EXEC BOARD 2000 MAIN STREET HUNTINGTON BEACH CA 92648 NT JOB:HUNTINOTON BEACH, CA This Is to certify that we have issued a valid Workers' Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund excerpt upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is net an Insurance policy end does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which It may pertaln, the insurance afforded by the policy described herein is subject to all the terms, euolusions, and conditions, of such policy. tTMO7RIZeDREPRE$ENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 11,000,000 PER OCCAJRRENCE. ENDORSEMENT #1600 - GEORGE ZAMBEI,LI, P14CS - EXCLUDED. ENDORSEMENT #1500 - CONNIE ZAMBELLI, VP - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-05-1990 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. YNIFER A TO F Rivl, 1McGRATH, Ci Attorney Wn %a EMPLOYER ZAMBELLI FIREWORKS MFG CO., INC. NT PO BOX 14EIS NEW CASTLE PA 16103 M0410 (REv.2-05) PRINTED : 05-17-2006