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HomeMy WebLinkAboutZambelli Fireworks Manufacturing Company, Inc. - 2011-04-25To: 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 Fourth of July Fireworks Display Amount of Contract: $40,000 Copy of contract distributed to: The original insurance certificate/waiver distributed El Dept. � to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ 4 _IF)l AltV Date: �/ 1 a xtensi City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal 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 Pennsylvania corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY desires to engage the services of a contractor to produce and display fireworks for the 2011 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, 2011 fireworks display. The display is scheduled for approximately 9:00 p.m. and will last a minimum of twenty-five (25) minutes in duration, and shall consist of the following: AERIAL PROGRAM Fanfare Three Inch Finale Shells 120 Four Inch Finale Shells 18 Five Inch Finale Shells 15 Six Inch Finale Shells 12 Four Inch Display Shells 240 Five Inch Display Shells 200 Six Inch Display Shells 160 Eight Inch Display Shells 46 Finale Three Inch Finale Salutes 140 Four Inch Finale Shells 486 - - - - _Five-leh-Finale- Shells -- 45 - Six Inch Finale Shells 36 Eight Inch Finale Shells 2 TOTAL SHELLS 1520 09-1966.002/62261 The program will fire at a rate of 28 (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 4`h 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 ectronic 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. 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 - - -- — final- payment- for CONTRACTOR's services is due within ten -(1`0) calendar- days after-the- and- Fourth of July or by July 14. 09-1966.002/62261 2 5. SPECIAL PROVISIONS A. CONTRACTOR will provide a fireworks show that is a minimum of twenty-eight (28) minutes in length on July 4, 2011. 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 4`h 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. CONTRACTOR is responsible for the processing of other permits. 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 feast equivalefit-to-that prescribed in the code in quality, strength, effectiveness, fire resistance, durability and safety. 09-1966.002/62261 3 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. 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. 0. 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 09-1966.002/62261 4 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 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; but reflects a sifuafion where due to negligence or willful misconduct on the partof CONTRACTOR the show cannot be shot. 09-1966.002/62261 5 Q. Upon mutual written agreement of the parties, the term of this Agreement may be extended for a 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 sole negligence or willful misconduct of CITY or any other person. CONTRACTOR will conduct such defense at its sole costs and expense. CITY 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, 09-1966.002/62261 6 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 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" forrri 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 09-1966.002/62261 7 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. 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. 09-1966.002/62261 8 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. 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: 09-1966-002/62261 9 TO CITY: City of Huntington Beach Attn: Director of Community Services 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. 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 09-1966.002/62261 10 or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of 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 origina instrument as against any part who has signed it. 09-1966.002/62261 11 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. 23. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understanding and agreements whether oral or in writing between the parties respectingg to subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on Pvt� 2- , 2011. ZAMBELLI FIREWORKS MANUFACTURING COMPANY, INC. ITS: (circle one) AN By: ( c,Ilk - print name ITS circle one) Secretary/Chief Financial Officer sst. APP VED AS TO FORM: ecretar — Treasurer Ci Attorney \ 3� President CITY OF HUNTINGTON BEACH, a m cipal co oration oft State of California Finance Director (Pursuant to HBMC Chapter 3.02) 09-1966.002/62261 12 D APPROVED: ii eo, Zambellil F I R E W OR K S City of Huntington Beach Huntington Beach, California November 11, 2010 SYNOPSIS July 4, 2011 I Description $50,000 AERIAL PROGRAM Fanfare Three Inch Finale Shells 120 Four Inch Finale Shells 18 Five Inch Finale Shells 15 Six Inch Finale Shells 12 Body Four Inch Display Shells 240 Five Inch Display Shells 200 Six Inch Display Shells 160 Eight Inch Display Shells 46 Finale Three Inch Finale Shells 140 Four Inch Finale Shells 486 Five Inch Finale Shells 45 Six Inch Finale Shells 36 Eight Inch Display Shells 2 Total Shells 1520 AC<31ORa ® ,p g '�'�/ �g �p 6. � CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIYYYY) 3/17/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Britton -Gallagher and Associates, Inc. 6240 SOM Center Rd. CONTACT PHONE FAX - - - - WC, No Ent : A/C No ADDRESS: Cleveland OH 44139 PRODUCER CUSTOMER ID N: INSURER(S) AFFORDING COVERAGE NAIC t INSURED Zambelli Fireworks Mfg.. Co., Inc. PO Box 1463 INSURER A: Granite State Insurance Co. 23809 INSURERe:Colony National Insurance Co 34118 INSURER c:Lexington Insurance Co New Castle PA 16103-1463 INSURER D : INSURER E : INSURER F : COVERAGES CFRTIFICATF NIIMR1=I7• 1)-7-7,7ncno,7 RFVI310N NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCEADDLISUBIR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS C GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 1619391-03 2/1/2011 2/1/2012 EACH OCCURRENCE $1,000,000 DAMAGE O RENTED PREMISES Ea occurrence $50, 000 MED EXP (Any one person) $ PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC PRODUCTS -COMP/OPAGG $2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HI RED AUTOS NON -OWNED AUTOS CA93488083 - 2/1/2011 2/l/2012 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ B UMBRELLA LIAB I EXCESS UAB X OCCUR CLAIMS -MADE AR5461096 L A S t1J 2/1/2011 Tee j�j�/j 2/1/2012 EACH OCCURRENCE $9,000,000 X AGGREGATE $9,000,000 DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) yes, describe under D DESCRIPTION OF OPERATIONS below N I A F d / ( WC STATU- OTH- � E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ A JHired Car Physical Damage CA93488083 2/1/201 2/1/ 012 $150,000 limit $500 Comp Deductible $500 Collision Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Display Date: 7/4/11 or alternate date as per contract. The following are named as Additional Insureds as respects Commercial General Liability Insurance pertaining to the operations of the Named Insured only. The City of Huntington Beach, its officers, See Attached... I.CK I11-14A 1 G PIULUCK GAIVGtL.LA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED _ BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED -IN ACCORDANCE WITH THE POLICYPROVISIONS. Ms. Laurie Payne City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 cJA— © 1988-2009 ACORD CORPORATION. All ngnts reserves. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an Insured but only with respect to liability arising out of your operations or premises owned by or rented to you. POLICY NUMBER: 1619391-03 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL D DESIGNATED PERSON ,*_ ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: The City of Huntington Beach, its officers, elected or,,appointed officals, employees, agents and volunteers, The Redevelopment of The City of Huntington Beach, California. Location: 2000 Main Street, Huntington Beach, CA 92648 With respects to the insureds operations on 7/4/2011 only (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 D POLICYHOLDER COPY NT P.O. BOX 420807, SAN F.RANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURA14CE ISSUE DATE: 06-05-2010 4TH OF JULY EXEC BOARD NT 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 GROUP: POLICY NUMBER: 0804630-2010 CERTIFICATE 10: 40 CERTIFICATE EXPIRES: 08-OS-2011 06-05-2010/06-05-2011 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the emoloyer. 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 insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. oria!ed Representative Interim President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,006,000 PER OCCURRENCE. ENDORSEMENT #1600 - W DOUGLAS TAYLOR. PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - GEORGE R ZAMfBELLI JR, 80CHMN - EXCLUDED. ENDORSEMENT #1600 - R GARLAND MCKNIGHT, DIR - EXCLUDED. ENDORSEMENT #1600 - RIC14ARD K MCDONALD, DIR - EXCLUDED. ENDORSEMENT #1600 - EDWARD MEYER, DIR - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-06-2.009 IS- ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ZAMBELLI FIREWORKS MFG CO INC PO BOX 1463 NEW CASTLE PA 18103 NT ArIFER AT D AS FO JE cGRH, ity k M0410 atEv.1-20101 PRINTED : 05-17-2010 Esparza, Patty From: Esparza, Patty Sent: Wednesday, October 19, 2011 12:03 PM To: Frymire, Laurie Subject: Contract - Zambelli Hi Laurie — I am trying to track down the above contract that the City Attorney's office has on their Agreement Log as transmitted to the Clerk's office, yet we have never received. On 4/26/11 their log states they received a contract from you for Zambelli (fireworks) in the amount of $40,000. By any chance do you have the original contract, or at least a copy of it you could send me? Thanks for your time and attention in helping clarify this. Patty Esparza, CHC Senior Deputy City Clerk City of Huntington Beach 714-536-5260 ,A please think of trees before you print