HomeMy WebLinkAboutPAGEANTRY PRODUCTIONS: - Coordinate and produce the 2004 Fourth of July Parade - $29,600.00. X: 7/15/04 - Community Services Dept. 2005/2006 4th of July Parades X: 7/15/06 - 2004-06-11 s kity Contracts Submittal to
City Clerk's Office
r;
Hunt Pebch• ,
To: City Clerk
I. Name of Contractor: Pageantry Productions
2. Purpose of Contract: For Example.Audit Services or Water Quality Testing Huntington Lake-Huntington Central Park
Production and Staging of th4 Fourth of July Parade
3. Amount of Contract: $50,000 '
Copy of contract distriwted to: The ORIGINAL,insurance certificate/waiver sent to Risk
Management
Initiating Dept,_
City Treasurer_ ORIGINAL bonds sent to Treasurer
J CITY CLERK'S OFFICE USE ONLY:
Nam Bxtens' n
City Attorney's Office
Date: 3/31/05
g:/Attymisc/formslcity Berk contract transmittal.doc
AMENDMENT NO. I TO AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
PAGEANTRY PRODUCTIONS
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 PAGEANTRY PRODUCTIONS, a California corporation, hereinafter referred
to as "Consultant".
WHEREAS, City and Consultant are parties to that certain agreement, dated June
11, 2004, entitled "Professional Services Contract Between the City of Huntington Beach
and Pageantry Productions for Production and Staging of the 2004 Fourth of July Parade"
which agreement shall hereinafter be referred to as the '.'Original Agreement," and
City and Consultant wish to amend the Original Agreement to extend the Term and
set forth additional work and the additional compensation to be paid in consideration
thereof,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. EXTENSION OF TERM
The Term of the Original Agreement is hereby extended for an additional
two-year period. The Original Agreement shall now expire on July 15, 2006.
2. STATEMENT OF ADDITIONAL WORK;
ADDITIONAL COMPENSATION
The purpose of this extension is to allow Consultant to perform all duties,
tasks and obligations, as set forth in the Original Agreement, for the 2005 and 2006 Fourth
of July Parades. Accordingly, Consultant agrees to coordinate and produce the 2005 and
2006 Fourth of July Parades pursuant to the duties, tasks and obligations as set forth in the
Original Agreement.
In consideration of the performance of the additional services described
herein, City agrees to pay Consultant an additional fee not to exceed Nine Thousand Six
Hundred Dollars ($9,600.00)per year for each additional year of the Agreement. In
addition, City agrees to pay for reasonable costs and expenses incurred by Consultant,
which must be pre-approved in writing by City, and which total amount does not exceed
Twenty Thousand Dollars (S20,000.00)per year for each additional year of the Agreement.
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
05agree/amend pageantry 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on 3131 r o s
PAGEANTRY PRODUCTIONS, a CITY OF HUNTINGTON BEACH, a
California corporation municipal corporation of the State of
California
By:
print name Z ector O Communit ervlces
ITS: (circle one)Chairma residers3ce President
AND APPROVED AS TO FORM:
r, 4'"`" eCitytorneyprint nameITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary reasurer
05agreelamend pageantry 2
03/29/05 TUE 17:48 FAX 552 669 3952 DUN DIAUN & ASSUC:lA'fEb wi002
ATE(IAMIpp/YYY Y)
ACDRD; CERTIFIGA OF LIABILITY 1�11S1RAE D01/24/2005
PRODUCER (562)869-5351 FAX (S62)869-3952 THIS R I A S SS A A A OF INFORMATION
Don Dixon & Associates InS. , Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOSS NOT AMEND,EXTEND OR
PO Box 5126 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
10913 La Reina Avenue
Downey, CA 90241-8126 INSURERS AFFORDING COVERAGE NAIL#
INSURED Pageantry Productions, Inc. INSURERA: Scottsdale Insurance 10672
11904 Long Beach Blvd INSURER R
Lynwood, CA 90262 INs C:
INSURER D:
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PSRIOfi ININCATED.N07WITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY DE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJE40T TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR N$ TYPE OF INSURANCE �a.LICY NUMBER DATE M DATE MM!D LIMITS
GENERALLIANLITY CLS 169673 01/23/2005 01/23/2006 EACHOCCuRRENCE s 1,O00,w
x COMMERCIAL GENERAL LIABILITY -DAMAGE TO HE. PREMISES Ea aowmnoe $ 100.00
CLAIMS MADE 7 OCCUR MED W Ww ans mrsm l s 5,0001
A PERSONAL&ADV IWURY S 1 000,00
GENERAL AGGREGATE S 2,000 00
GEM AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2,000,00C
POLICY jff"r LOC
AUTOMOBILE LIABILITY Mm NED StNOLE LIMIT
AlSY AUTO
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ALL OWNM AUTOS BODILY INJURY
SCHEDUMDAUfTOS (Per person) $
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NON-OWNED AUTOS
(Perecdc!"t) S
PROPER-fYDAMAGE S
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GARAGE LIABILITY ALITO ONLY,EAACCIDENT S
ANY AUTO JENNIFE1,McGRA , City Attorney EA ACC s
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DISEASE-POLICY LIMIT S
OTHER
DESCRIPTION OF OPER ION5I LOCATIONS I VEHICLES I E%CLUSION9 ADDED BY ENDORSEMENT ISPECM PROVISIONS
e City of Huntington Beach, its officers elected or appointed officials, employees, agents, and
lunteers are named Additional Insu>r'ed per attached
vent dates: July 1, 2005 to July 7th 2005
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE VE DESCRIDE13 pGLICIES BE CANCELLED HEPORE n*
MWIRATION DATE F.THE ISSUING INSURER WILL MAIL
DAYS WRI N CIE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Huntington Beach 14><
PO Box 190 X)O=XXXX
Huntington Beach, CA 92648 EP
ACORD 25(2001/08) @ACORD CORPORATION 1988
4
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST RECEIVED
JAN 12 2005
1. Requested by: Naida Osline cf�fyftyAtto�%ytS o �ecrr
2. Date: January 12, 2005
3. Name of contractor/permittee: Pageantry Productions
4. Description of work to be performed: Organize the 0 of July Parade
5. Value and length of contract: $9,600/yr for 2 years
6. Waiver/modification request: Waiver of Professional Liability Insurance
7. Reason for request and why it should be granted: Pageant Produtions is unable to
obtain this insurance. The company has organized the parade for several years. The
are able to comply with all other insurance requirements
8. Identify the risks to the City in approving this waiver/modification: There would be minimal
risk to the city as the contractor reports to the 4t" of July Board, who ultimately make all
decisions.
1 • 2 •oS
/9D partment Head Sig6Ature Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and tye City Attorney's office disagree.
1. PpManagement
proved ❑ Denied �� +
Signature Date
2. City Attorney's Office
":6�pproved ❑ Denie
Slgnatu Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to.be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
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im m7D T CHANGES TIN?MXY_FLEASF READ IT CqFMlY.
AI7DMONAL IXNSURM—OWNERS,LESSEES, OR
CONTRACTORS
(WIT'g OPTIONAL COVERAGE PROYNION5)
"der mdmscmwa modifise iasusmm provided under the fegawiag:
COMMERCIAL GENERAL LIArMM Y COVEF AM PART
Sc,MMULE
Name of Person ar Orpz&adw:
'.SEE CITY OF H[INTYNMW BEACH, ITS OFFICERS ELECTED OR APPOINTED OFFICIALS,
EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED ADDITIONAL INSURED
Wha is An hisnred (Scotian H)is smcaded to inch&as em ksurW tlo Parr or orb do"a,
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2/24/05
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STAT P Q. E3pX,"$f)� SAN FRANCISCO,CA 94+1;42 M§07
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FUND CERTIFICATE 00 WORKERS' COMPENSATION 1N$URANCE
ISSUE DATE: 07-01=2004 F GROUP:
POLICY NUMBER: 1794006-2004
CERTIFICATE`
C-RTIFiCATE :EXPIRES 07-01-20Q5
a 07 ;0172004J'07-01-2005
t
C I' Y OF HIJNT`I N4TON BEACH 5C JOB s
ATTN NAOI A 4 bSL INE\SPEC,I_F K. EVENTS SPVSR ,s
.2000 MAIN ST
HUNT1NGTON BEACH CA 92t48
This`is to certify that we have issued a valid Workers' Compensation insurance policy in a.:forth approved by the
California Insurance Commissioner to the employer named below for the. policy period indicated.
,This policy is not subject to cancellation .by the Fund except. upon 30 days' advance written notice to'the employer;
We will also give you 30 days'advance notice should this policy be cancelled prior to iis..normal"'exbiration.
TNS certificate of insurance is not"are insurance policy and does not amend', extend or alter the cgverage, afforded
by the .polictes iistbd herein 1Votwithi tandinj. any ,requirement, term, or corldi#ion of any con 'the'ther'.document
with resp&,ct xp which this certificate of.;insurance may..,be'Issued or may pew-Wn.;the insurance a#forded.„byathe A
policies described herein is subject to all the terms exclusiops and conditions of such policies.
AUTHORIZED R�PRE$E TATIVE PRESIDENT ,
h EMPLOYER'':S -LIABILITY LINIT INCLUDING' DEFENSE COSTS : $1,000`000.00 .PER.=i]CCURRENCE.:
ENDORSEMENT #20S5 ENT ITILEb CERTXI1xCATE. HOLDERS' w7rlOE EFFECTIVE"0 01-2004 `IS ATTACHEQ -TO AND
FORMS .A PART OF THIS PGLLoy k
:EfJlQLOYER LEGAL. 'NAME -
WORLD W-DE `SPECTACULARS INCw, g WORLD `WIDE .00CTACI<llra4R$ 31MC:
h 11904 LONG BEACH `,BLVI)
LYNWOOD CA 90213M<;.
'REV.3-03) 07/1.5/2004
THIi + BACKGROUND
S
PROFESSIONAL SERVICE CONTRACTS
PURCHASING CERTIFICATION
1. Requested by: Naida Osline
2. Date: March 23, 2005
3. Name of consultant: Pageantry Productions
4. Description of work to be performed: Coordination and production of the 4th of
July Parade
5. Amount of the contract: $9,600.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 20445803.69365
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
❑ Yes, ® No
Explanation: The 2004 contract has been extended for two years.
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
RI ARD A�MADRIL, Manager
Purchasing/Central Services
If the answer to any these questions is "No,"the contract will require approval from the City Council.
Documentl 3/23/2005 4:45 PM
u ity, Contracts Submittal to rS o
City Clerk's Office
Hunt Brach•
To: Connie Brockway, City Clerk
1. Name of Contractor: Pageantry Productions
2. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
To coordinate and produce the 2004 Fourth of July Parade
3. Amount of Contract: $29,600.00
Copy of contract istributed to: The ORIGINAL insurance certificatelwaiver sent to Risk
Management
Initiating Dept.
City Treasurer ORIGINAL bonds sent to Treasurer
CITY CLERK'S OFFICE USE ONLY:
Kat'n-e/ExteensioTF
City Attormey's Office
Date: 6/14104
e"
g:/Attymisc/forms/city clerk contract transmittal.doc
0 0
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND PAGEANTRY
PRODUCTIONS FOR PRODUCTION AND STAGING OF
THE 2004 FOURTH OF JULY PARADE
THIS AGREEMENT (the "Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,"
and Pageantry Productions, a California corporation, hereinafter referred to as"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to coordinate and produce the
2004 Fourth of July Parade in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington
Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been
complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Ronnie Lomas, who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
r ..
04agreelPageantry Productions/4/15/2004 1
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement
Date"). This Agreement shall expire on July 15, 2004, unless sooner terminated as provided herein. All
tasks specified in Exhibit "A" shall be completed no later than July 4, 2004 from the Commencement
Date of this Agreement. These times may be extended with the written permission of CITY. The time for
performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This
schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay
CONSULTANT a fixed fee, not to exceed Nine Thousand Six Hundred Dollars ($9,600.00). In addition,
CITY agrees to pay for reasonable costs and expenses incurred by CONSULTANT, which must be pre-
approved in writing by CITY, and which total amount does not exceed Twenty Thousand Dollars
($20,000.00). The payment of these fee and reimbursement costs to CONSULTANT is based on the
schedule and procedures set forth in Exhibits "B", which is attached hereto and incorporated into this
Agreement by this reference.
5. EXTRA WORK
In the event CITY requires additional services not included in Section 1, or changes in the
scope of services described in Section 1, CONSULTANT will undertake such work only after receiving
written authorization from CITY. Additional compensation for such extra work shall be allowed only if the
prior written approval of CITY is obtained.
04agree/Pagean"Productions/4/15/2004 2
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6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including, without
limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code,
language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and
CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or
upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees
fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its
officers, elected or appointed officials, employees, agents and volunteers from and against any and all
claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation,
costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection
with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this
Agreement or its failure to comply with any of its obligations contained in this Agreement by
CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the
sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost
and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do
not act as limitation upon the amount of indemnification to be provided by CONSULTANT.
9. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE
CONSULTANT acknowledges awareness of Section 3700 et seq. of the California
Labor Code, which requires every employer to be insured against liability for workers' compensation;
04agrc&Pageantry Productions/4/15/2004 3
CONSULTANT covenants that it will comply with such provisions prior to commencing performance
of the work hereunder.
CONSULTANT shall obtain and furnish to CITY workers' compensation and
employer's liability insurance in an amount of not less than the State statutory limits.
CONSULTANT shall require all subcontractors to provide such workers' compensation
and employer's liability insurance for all of the subcontractors' employees. CONSULTANT shall
furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
and employer's liability insurance and CONSULTANT shall similarly require all subcontractors to
waive subrogation.
10. INSURANCE
In addition to the workers' compensation and employer's liability insurance and
CONSULTANT's covenant to indemnify, defend and hold harmless CITY, CONSULTANT shall
obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle
coverage covering the PROJECT. This policy shall indemnify CONSULTANT, its officers,
employees and agents while acting within the scope of their duties, against any and all claims arising
out or in connection with the PROJECT, and shall provide coverage in not less than the following
amount: combined single limit bodily injury and property damage, including products/completed
operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per
occurrence. If coverage is provided under a form which includes a designated general aggregate limit,
the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This
policy shall name CITY, its officers, elected or appointed officials, employees, agents, 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 CONSULTANT's insurance
shall be primary.
04agreelPageantry ProductionsA/15/2004 4
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Under no circumstances shall said above-mentioned insurance contain a self-insured retention,
or a"deductible" or any other similar form of limitation on the required coverage.
11. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars
($1,000,000.00)per occurrence and in the aggregate. The above-mentioned insurance shall not contain
a self-insured retention, "deductible" or any other similar form of limitation on the required coverage
except with the express written consent of CITY. A claims-made policy shall be acceptable if the
policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work(including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is terminated for
any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years
to report claims arising from work performed in connection with this Agreement.
12. CERTIFICATES OF INSURANCE,• ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONSULTANT 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:
1. provide the name and policy number of each carrier and policy;
04agree/Pageantry Productions/4/15/2004 5
2. state that the policy is currently in force; and
3. promise to provide 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; however, ten (10) days' prior notice in the event of cancellation for nonpayment
of premium.
CONSULTANT 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
CONSULTANT's defense, hold harmless and indemnification obligations as set forth in 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. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
CONSULTANT shall provide a separate copy of the additional insured endorsement to
each of CONSULTANT insurance policies, naming CITY, its officers, elected and appointed officials,
employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any
payment hereunder.
13. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social
security, state disability insurance compensation, unemployment compensation and other payroll
deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any,
in connection with the PROJECT and/or the services to be performed hereunder.
04agree/Pageantry Productions/4/15/2004 6
14. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be
made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
event of termination, all finished and unfinished documents, exhibits,reports, and evidence shall, at the
option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
15. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior
express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved
assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections
9 and 12 hereinabove.
16. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
17. CITY EMPLOYEES AND OFFICIALS
CONSULTANT 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.
18. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
04agree/Pageantry Productions/4/15/2004 7
depositing the same in the United States Postal Service, to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or other
communications will be sent by notifying the other party via personal delivery, a reputable overnight
carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach Pageantry Productions
ATTN: Naida Osline ATTN: Ronnie Lomas
2000 Main Street 11904 Long Beach Boulevard
Huntington Beach, CA 92648 Lynwood, CA 90262
19. CONSENT
When CITY's consent/approval is required under this Agreement, its consent/approval
for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence
of the same or any other transaction or event.
20. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
21. SECTION HEADINGS
The titles, captions, section, paragraph and 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.
22. 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
04agree/Pageantry Productions/4/1 S/2004 8
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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.
23. 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 duplicate original shall be deemed an
original instrument as against any party who has signed it.
24. IMMIGRATION
CONSULTANT 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.
25. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT 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. CONSULTANT understands that pursuant to Huntington
04agree/Pagcanvy Productions/4/15/2004 9
0 0
Beach City Charter Section 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 CONSULTANT.
25. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms
and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own
attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the
non-prevailing party.
27. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the
expiration or termination of this Agreement, shall so survive.
28. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
29. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely and
voluntarily following extensive arm's length negotiation, and that each has had the opportunity to
consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree
that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been
made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement,
and that that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This
Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the
subject matter of this Agreement, and supercede all prior understandings and agreements whether oral
or in writing between the parties respecting the subject matter hereof.
04agree(Pageantry Productions/V15/2004 10
0 0
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices on 2004.
PAGEANTRY PRODUCTIONS, CITY OF HUNTINGTON BEACH, a
a California corporation municipal corporation of the State of California
1
By: Dir to of Community Sjjvices
{Pu su t to HBMC Chapter .03)
print name
ITS: (circle one)Chai a Pres�a President
AND APPROVED AS TO FORM:
N or p Iit Atto ey
ITS: (circle on S etary/Chief ancial
Officer/Asst. Secretary—Treasurer
REVIEWED AND APPROVED:
City Administrator
(only for contracts over$50,000.00)
04agree/Pageantry Productions/4/15/2004 1 1
EXHIBIT #A
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performer)
Coordination and production of the 2004 Fourth of July Parade.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT shall perform all of the following services for the 2004 Fourth of July Parade:
1. Provide 1-6' Musical Sweepstakes Award;
2. Provide l-Float Sweepstakes Award;
3. Provide 1-Firecracker Award;
4. Provide 1-Patriotic Award;
5. Provide 1-John Philip Souza Award;
6. Provide all necessary 1 s. 2"d, 3`d place awards;
7. Provide 4 h and 5 h place awards in band classes;
8. Provide F.M. communications for day of parade;
9. Provide all necessary participant vehicle passes;
10. Provide all necessary unit numbers and pins for day of parade;
11. Provide staff for parade check-in, formation and parade starter;
12. Provide a CONSULTANT representative to attend all necessary parade meetings;
13. Contact and arrange for Southern California Judges Association
and a professional equestrian judge;
14. Postage for mailing of applications, letters of acceptance and non-acceptance;
154. Mail all applications to most up-to-date mailing list;
16. Process all returned applications;
IT Prepare and mail all letters of acceptance, parade maps and passes;
18. Answer all calls from participants,judges and local agencies;
19. Supply parade judges with all necessary paperwork;
20. Formulate parade line-up;
21. Write parade script for onsite announcers (local input must come from the
parade committee);
22. Provide necessary line-ups and maps for day of parade;
23. Provide award sheets for parade judging results;
24. Provide all necessary directional signs for formation area;
25. Prepare copy for printing of parade applications;
26. Provide event date/time information on Pageantry Productions website; and
27. Make parade participant applications available on Pageantry Productions website.
C. CITY'S DUTIES AND RESPONSIBILITIES:
CITY agrees to perform the following:
1. Provide Parade Pre-Hosting for dignitaries;
2. Provide portable restrooms in the formation, disbanding and judging areas;
3. Distribute applications to local entries;
4. Distribute all press releases to•local newspapers;
04agree/Pageantry Productions/4/15/2004 12
0 0
5. Act as liaison between local service clubs, businesses and CONSULTANT;
6. Secure the Parade Grand Marshal;
7. Clear all necessary permits, routes and facilities;
S. Arrange for adequate reviewing and judging stands, with electrical power,
tables and chairs for day of parade;
9. Supply additional staff manpower for day of parade; and
10. Coordinate for all formation, parade route and disbanding areas to be
posted with "No-Parking" signs.
D. WORK PROGRAM/PROJECT SCHEDULE:
CONSULTANT shall provide all of its services under this Agreement in a timely manner to
ensure that there is no delay or impact on CITY's 2004 Fourth of July Parade.
04agree/Pageantry Productions/4/3 5/2004 13
•
•
• EXHIBIT #B
EXHIBIT "B"
Payment Schedule
1. CONSULTANT shall be entitled to one lump sum payment of the $9,600 fixed fee set
forth herein by submitting an invoicing no sooner than June 3, 2004. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due; and
D) Include a certification by a principal member of CONSULTANT's
firm that the work has been performed in accordance with the provisions of this
Agreement.
Upon submission of such invoice, if CITY is satisfied that CONSULTANT has completed its
tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment
shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve the invoice, CITY shall notify CONSULTANT in
writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may
at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is
in, or has been brought into compliance, or until this Agreement has expired or is terminated as
provided herein.
2. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above. Such invoices shall be approved by CITY if the work performed is in accordance with
the extra work or additional services requested, and if CITY is satisfied that the statement of costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the
parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
3. CONSULTANT shall be entitled to reimbursement for its reasonable costs and
expenses as set forth below:
A) CONSULTANT must obtain CITY's pre-approval in writing for any charge for
reimbursement.
B) CONSULTANT must submit all receipts for reimbursement by no later than August 15,
2004.
C) Upon submission of such invoice, if CITY approves of the cost or expense, CITY shall
approve the invoice, in which event payment shall be made within fifteen (15) days of
receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If
CITY does not approve the invoice, CITY shall notify CONSULTANT in writing of the
reasons for non-approval.
04agree/Pageantry?mductians/4/15/2004 14
' PROFESSIONAL SERVICE CONTRACTS
PURCHASING CERTIFICATION
I. Requested by: Naida Osline
2. Date: May 20, 2004
3. Name of consultant: Pageantry Productions
4. Description of work to be performed: Coordination and production of the 4th of
July Parade
5. Amount of the contract: $9,600.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 2044803.69365
S. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
} Yes, [] No = XXFz
-Explanation,
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
5R;1jHA—R5A ADRIL, Manager
Purchasing/Central Services
' If the answer to any these questions is "No,"the contract will require approval from the City Council.
Documend 5/20/2004 8:40 AM
suiits INSURANCE AND INDEMNIFICATION WAIVER
® MODIFICATIQkli.RFQYEST
74
8. 2uJ4
Pr Old'
1. Requested by: Naida Dsline
2. Date: May 21 2004 Cifvr #tcr:�o»,C ;,
3. Name of contractorlpermittee: Pageantry Productions
4. Description of work to be performed: Present the 4th of July Parade
5. Value and length of contract: $9,6001 one year
6. Waiver/modification request: Waiver of Professional Liability Insurance
7. Reason for request and why it should be granted: Pageantry_ Productions is unable to
obtain this insurance. The company has organized the parade for several years and not
been requested to have professional liabili insurance. All other insurance requirements
have been met.
8. Identify the risks to the City in approving this waiver/modification: There would be minimal
risk to the city as the contactor reports to the 41h of July board who ultimately make all
decisions. The contractor is on site for a maximum of two days, one for setup and_then
again for the actual event.
:-- (?
-
D artment Hea ig ture Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrators Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk Management �I
Approved ❑ Denied _
Signature Date
' City Attorneys Office --
pproved ❑ Denied rukil
Sign tur Da e
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiverlmodification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
newt,imenti sigitgnad R•28 AM
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N DI ON >& ASSOCIATES tom �:J ""l
05/2F1UVR1J11:(0��R � �898 OF �� g��l tNsu c�
07/1-2/2004
(56Z)859-S35I (5623969-39sx 1 1 IF s
Don Dixon & Associates Ins., xnc. ONLY AND CONFERS NO R1GHTs UPON THE CERTIFICATE
PO Box S126 HOLDEPL THIS CERTIFICATE DOES NOT AMEND,EXPEND OR
10919 La Reim Avenue ALTER THE COVOtAGE AFFORDED BY THE POLICIES BELOW.
Oowney, CA SOZ41-4126 MIS4IRERSAFrORDING COVERAGE NAIC 0
'OuRM Pageantry Productions, Inc. IwA. Scottsdale Insurance 1067Z
11904 Long JI"ch Blvd s: -"'
Lynwood, CA 9OZ62 ROURFRc,
nlauReR D:
INSUR[R E'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE-D NAMED ABOVE FOR THE 0175CY PERIOU INDICATED.NOTWI TAMDIN
ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIN RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR
MAY PERTAIN,TH8 INSURANCE AFFORDED 9Y THE POLICIES DESCRWO WJ49-IN IS SL"CT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES,AGGREGATE LI1utITS SHOWN MAY HAVE BEEN REDUCED BY PNO CLAIMS.
LTR NS TYPE OF 1111SURANGE POIIOY NtIAIIBGRMOM A LIMBS
GENERALUABILITY CLS0970063 01/23/ZO04 01/23/200S tAC4o0WRR9cE 5
X ca�sMElxw aANSRAI raAom+TY 1,000,00
CLAIMS roAnS X OCCUR PIS 7�6 $ 1d0 1
IWDEV(Aft onePwW4 a S,00
A - -- PERSONAL A ACV tWURY S 1.000.00
e@NiRALAGGREGAT@ c 2,000,0
GSN%.AGGREGATE 00 AFPLW PiFt PRIM4TS-COMPK)P AGG T. z 0M 00
POLICY M LOC
AU1bMOffL.EIJAMUTY COMOINEDSWGLELIMIT S
ANY AUTO II t$mdom)
ALL OWNED AUTOS
BODILY INJURY s
SCHEDULED AUT03 (Pa P11-14
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NON-OWNHO wT0$ I�xcdgn!} 3
PROPEM AAMW s
"RAOELIAOIUTY AUTO ONLY.F.A.ACCIDENT �
ANY AUTO OTHER TI GN FA ACC i
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ANY KOPRIE-YOMPARTNIKIS MCUTNE 9,LEAC14ACCOW Z
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Ii v s.awas undef I3.L•Ot,9eJlSE•EA EMPLOYE S
SPECIAL PROVISIONS D04W PA.DISEASB•PM1CyLw)T I Ji
OTHER
ON OP A r LOCR 1 L6S 1&7QCL.USiONS BY ik E71b6NT!SPpCIAl. &
he City of Huntington Beach, its officers elected or appointed officials, wiployees, agents, and
volunteers are named Additional insured
Event dates: July 1, 2004 to July Sth
CERTIFICATE HOLDER CANCELLATION
SWULD ANY OF YFIE AbDVE QMXW9E0 POUCIES Of CAMCFI!M OEFORE THE
4XMRAMM*ATE Ttf&WF. UIN6IN$URBR► tL M0j MNL
DAYS WRITTE"NOTICE CERTFMATO NOUKA NAMW 70 TIV LEFT;
City of Huntington Beach WWWWWOMMwAffim
n Box i90 -)tOt9titwif9wXX7(XXX)iXX
92648, CA A ATFYB
r e
ACORD 25(X01109) SACORD,CORPORATION 1983
APPROVED "TO FORM.
> y
f J NTFER cGRATK City Attorney `
1
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ rF CAREFULLY.
ADDITIONAL INSURED—OWNERS, LESSEES, OR
CONTRACTORS
(WITH OPTIONAL COVERAGE PROVISIONS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
The City of Huntington Beach, its officers elected or appointed
officials, employees , agents , and volunteers
Who is An Insured (Section II) is amended to include as an insured the person or organization shown in
the Schedule,but only to the extent the additional insured is held liable for the Named Insured's negligent
acts or omissions arising from occurrences directly caused by, and while in the course of the Named
Insured's ongoing operations performed for that additional insured.
Optional Coverage Provisions applicable to the above. The selected option(s)is designed by a mark in the
box to the left of the option.
0 Option A. The insurance provided by this endorsement shall be primary, but only in the event of the
Named Insured's sole negligence.
F7 Option B. The insurance provided by this endorsement shall be primary and noncontributory,but
only in the event of the Named Insured's sole negligence.
® Option C. The insurance provided by this endorsement is amended to include any person or
organization that the Named Insured has agreed and/or is required by contract to name as
an additional insured, per schedule on file with company.
Additional Premium$
Gk-1 1 -0
Autho ed Representative Date
GLS-210a(4-99)
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