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HomeMy WebLinkAboutZambelli Fireworks Manufacturing Company, Inc. - 2018-02-10SERVICES 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 2018 Fourth of July celebration 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 2018 fireworks display. The display is scheduled for approximately 9:00 p.m. and will each last a minimum of twenty-eight (28) minutes in duration, and shall consist of the following: 18-6290/ 119904/DO Body Finale Four Inch Display Shells 180 Three Inch Finale Salutes 210 Five Inch Display Shells 145 Four Inch Finale Shells 240 Six Inch Display Shells 175 Five Inch Finale Shells 65 Eight Inch Display Shells 32 Six Inch Finale Shells 56 Eight Inch Finale Shells I TOTAL SHELLS 1104 Additional fireworks to be added as agreed upon by CONTRACTOR and CITY. 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 4t' 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 John Hagen, 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/TERM 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 18-6290/119904/DO 2 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. The term of this Agreement shall be one (1) year from the Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. The Agreement may be extended for one (1) additional year if mutually agreed to in writing by CITY and CONTRACTOR. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay and CONTRACTOR agrees to accept a total not to exceed fee of Forty -Nine Thousand Dollars ($49,000.00) for 2018. If the term of the Agreement is extended for one (1) additional year, CITY agrees to pay and CONTRACTOR agrees to accept a total not to exceed fee of Fifty Thousand Dollars ($50,000.00) for 2019. CITY agrees that the full and final payment for CONTRACTOR's services each year is due within ten (10) calendar days after each Fourth of July or by July 14 of each year. 5. SPECIAL PROVISIONS A. CONTRACTOR will provide a fireworks show that is a minimum of twenty-eight (28) minutes in length on July 4, 2018, and, if applicable, 2019. 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 4th of July Board and 18-6290/119904/DO 3 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 and California Code of Regulations, Title 19-Public Safety, Division 1, Chapter 6, Articles 1 through 15, NFPA 1123, and California Health and Safety Code Division 11. 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 the California Fire Code applicable or other recognized national standards. 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. F. CONTRACTOR is responsible to provide all necessary pyrotechnic equipment. 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. 18-6290/119904/DO 4 H. CONTRACTOR must submit a fire protection plan and Public Display Plan, subject to the review and approval of CITY's Fire Chief to provide for the protection of persons observing the display and Ruby's restaurant at the end of the Pier from fire or other damage. This plan shall be submitted prior to June 6 of each contract year for the HBFD review and comment. All information requested by the HBFD shall be provided prior to permit issuance. I. CONTRACTOR will provide a musical score that corresponds with the fireworks display. Musical score is to be submitted to the 4`h of July Board by April 1 of each year. 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. CONTRACTOR to provide licensed security to monitor fireworks staging area at all times while fireworks are present on the pier. 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 18-6290/119904/DO 5 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 shows 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 -Five Thousand Dollars ($45,000.00), 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 shows; 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 18-6290/119904/DO 6 display, but reflects a situation where due to negligence or willful misconduct on the part of CONTRACTOR the shows cannot be shot. 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 18-6290/ 119904/DO 7 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 employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations 18-6290/119904/DO 8 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 officers, employees, agents, and volunteers (the "Additionally Insured Parties") 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 and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $2,500.00 is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 10. CERTIFICATES OF INSURANCE; ADDITIONALLY INSURED ENDORSEMENTS 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; 18-6290/119904/DO 9 B. state that the policy is currently in force; and C. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. 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 CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the Additionally Insured Parties as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. CONTRACTOR shall require all subcontractors to name CONTRACTOR, its officers, employees and agents, and the Additionally Insured Parties as Additional Insureds on all subcontractor insurance policies using ISO form number CG 20 38 04 13 or coverage at least as broad. CONTRACTOR shall verify that every subcontractor policy endorsement complies with the requirements set forth herein. l 8-6290/119904/DO 10 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 standard 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: 18-6290/119904/DO l I 15. 16. 17 TO CITY: City of Huntington Beach Attn: Director of Community Services 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: John Hagen 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. 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. 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. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 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 18-6290/ 119904/DO 12 and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, 18-6290/ 119904/DO 13 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. 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 respecting to subject matter hereof. 18-6290/119904/DO 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on � hVc�" 10 , 2018. ZAMBELLI FIREWORKS MANUFACTURING COMPANY, INC. MO. / print name " ITS: (circle one) Chairman/President/Vice President ZNDBy: ( /I print name Officer/As Directo of Commu ity S ices ITS: (circle one) Secretary/Chief Financial Secretary — Treasurer CITY OF HUNTINGTON BEACH, a municipil,corpl5ration of State of California Mayor City Clerk INITIATED AND APPROVED: APPROVED AS TO FORM: 2mDt\ At/1 AND APPROVED: Receive and File A74ftu City Clerk 18-6290/ 119904/DO 15 �® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 03/18/2018 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 have ADDITIONAL INSURED provisions or 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 Allied Specialty Insurance, Inc. 10451 Gulf Blvd Treasure Island, FL 33706-4814 CONTACT Michelle Kugler PHONE 727-547-3070 FAIc No): 727-367-5695 EMAIL ADDRESS: mkugler@alliedspecialty.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: T.H.E. Insurance Company 12866 INSURED ZAMBELLI FIREWORKS MFG CO, INC., ETAL INSURERB: INSURER C : 120 Marshall Drive, Warrendale, PA 15086 INSURER D INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR CPP0103167-05 APPROVED AST 02/01/2018 02/01/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TRETED PREM SESOEa oNcu ence $ 100,000 MED EXP (Any one person) $ N/A PERSONAL &ADV INJURY $ 1,000,000 Byl GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 MCHAEL. E. GA IS POLICY JEo LOC OTHER: Cy� CM A OF Q su WACH PRODUCTS - COMPIOPAGG $ 2,000,000 Protection 8 Indemnity $ 1,000,000 A AUTOMOBILE LIABILITY CPP0103167-05 02/01/2018 02/01/2019 Ee aBcid.ntSINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $en PROPERI DAMAG1E Per accidt $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L 1 $ I 1 A UMBRELLA LIAB X OCCUR ELP0011081-05 02/01/2018 02/01/2019 EACH OCCURRENCE $ 9,000,000 X AGGREGATE $ 9,000,000 EXCESS LIAR CLAIMS -MADE $ DED I I RETENTION $ A IONILIT AND EMPLOYERS' YERS'LIABILITY AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/M EMBER EXCLUDED? (Mandatory in NH) NIA WCP0005125-005 Coverage is afforded in the State(s) of: KY, LA, MD, MI, NC, NE, NV, NY, PA, S 02/01/2018 , CO, CT, DE, , TX, VA & WI 02/01/2019 FL, GA, IL, IN, X STATUTE EERI PER H E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I THIS POLICY DOES NOT PROVIDE DI 5ABILITY BENE FITS IN NY E.L. DISEASE- POLICY LIMIT $ 1,000,000 A Inland Marine / Hull CPP0103167-05 02/01/2018 02/01/2019 HULL LIMIT $900,000 SHOW LIMIT $1,500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Display Date: 07/04/18 Rain Date: TBD Location: Huntington Beach Municipal Pier RE: General Liability, the following are named as additional insured in respects to the negligence of the named insured, excessow form: CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENTS, OFFICERS, EMPLOYEES, AND VOLUNTFAOVED By: --- --- --- HAEL E. GATES CITY ATTORNEY GtKI It-IGAI It HULUtK CANCELLATIOPk Li[A yr The City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Thirty (30) days 69tice of cancellation applies SHOULD ANY OF YHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CPP0103167-05 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 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 Organization(s): CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENTS, OFFICERS, EMPLOYEES, AND VOLUNTEERS but as respects the negligence of the named insured only. Display Date: 07/04/18 Rain Date: TBD Location of Display: Huntington Beach Municipal Pier NO COVERAGE APPLIES TO LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE ADDITIONAL INSURED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) 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 omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added' to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1