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HomeMy WebLinkAboutZambelli Fireworks Manufacturing Company, Inc. - 2022-04-04 SERVICES CONTRACT BETS', PEN TFIF CITY OF HUNTINGTON BLACI-I AND /_ANIBELLI FIREWORKS MANUFACTURING COMPANY. INC. FOR FIREWORKS DISPLAY ON THE FOURTH OF JULY THIS AGRI?ENIENT ("Agreement") is made and entered into by and between the CITY OF I IUNTINGTON BEACH. a California municipal corporation. hereinafter referred to as "CITY." and LANIBL'LLI 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 2022 Fourth of,luly celebration on the Huntington Beach Municipal Pier, in the Cite of Huntington Beach: and The provisions of HBMC Chapter 3.02.080 relating to procurement of services contracts has been complied with: and CONTRACTOR has been selected to perflorm 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' JUIN, 2022 fireworks display. The display is scheduled for approximate) 9:00 p.m and will each last a minimum of twenty (20) minutes in duration, and shall consist of the following: AERIAL PROGRAM Bodv Finale Four Inch Display Shells 210 Three Inch Finale Salutes 200 Five Inch Display Shells 180 Four Inch Finale Shells 90 Six Inch Display Shells 120 Five Inch Finale Shells 30 Eight Inch Display Shells 16 Six Inch Finale Shells 20 MUIti Shot Devices 2.442 Light Inch Finale Shells I TOTAL MUI I'E DEVICE SHOTS PLUS AERIAL SHE-LLS 3.309 22-11139/27813) 1 1 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 4"' of' July and the show will be fired electrically. CONTRATOR'S services shall also include, without limitation. the provisions of a licensed pyrotechnic operator, full electronic tiring ot'the fireworks display, show choreography and desi_n. insurance coverage. sales tax and delivery and the processing of the riecessary permit applications. These services shall sometimes hereinafter be referred to as "PROJECT." 2. DESIGNATED CONTA CTS CITY shall assign a stafTcoordinator 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. T1 1vI 17 01` 11ERF0RMANCE I RNI Time is of the essence of*this Agreement. The services of CONTRACfOR 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. The term ot'this Agreement shall be one (1) years from the Commencement Date. unless terminated earlier in accordance with the provisions otthis Agreement. This Agreement may be extended for one (I) additional year il'mutually agreed to in writing by CITY and CONTRACTOR. 4. CONIPENSATION In consideration of'the performance of the services described herein. CITY agrees to pay and CONTRACTOR agrees to accept a total not to exceed a Ice of Fifty Thousand Dollars (S50.000) for 2022. CITY agrees that the full and final payment for CONTRACTOR's services each year is due within ten (10) calendar days after the Fourth of.lydy or by .July 14. 22-11139/278131 i. SPECIAL. PROVISIONS A. CONTRACTOR will provide a fireworks show that is a minimum of twenty (20) minutes in length on Jule 4. 2022. The fireworks shall be launched off of the 1unting ton Beach Pier. beginning at approximately 9:00 P.M. 13. CONTRACTOR will provide a California licensed pyrotechnic operator (Don Sillert) and crew including sufficient qualified technicians and laborers to execute the event. The assigned employee of contractor (Sillert) will be available for up to three on-site. pre-event meetings with the 4th of Juhy Board and CITY staff. I1'. in the event that Mr. SdIcrt'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 ofthe Huntington Beach Fire Code and California Code of Regulations. Title 19-Public Safety, Division I. Chapter 6. Articles I through 15, NFPA 1120, 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 haying jurisdiction as required. Ff. CONTRACTOR must submit afire protection plan and Public Display plan. subject to the review and approval of CITY's Fire Chief to provide for the protection of-persons 22-111391278131 3 observing the display and the restaurant at the end of the pier from fire or other damage. "[his plan shall be submitted prior to June 6 of each contract year for the 1-1131'D review and continent. All information requested by the 1 IBPD shall be provided prior to permit issuance. L CONTRACTOR will provide a musical score that corresponds with the fireworks display. [Musical score is to be submitted to the 41h of July Board by April 1. CITY will provide sound equipment. .1. 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. 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 liquidated damages. the following percentages of the agreed contact price: 1) twenty percent (20%) if cancellation is thirty-one (31) to sixty (60) days prior to the scheduled day of the display: (2) Thirty percent (30%) if cancellation is five (5) to thirty (30) days prior to the scheduled day ot'display, (3) (50%) if cancellation occurs within four (4) clays of the actual date set for the display: 4) seventy-five percent (75%) ifcancellation occurs on the date set for the display but prior to the time physical set-up of the displav actually begins: 5) 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 specilic custom work performed by CONTRACTOR or its agents including but not limited to InUsic/narration tape production and/or sponsors' logos. 22-11139/278131 4 P. Liquidated Damage/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 o1 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 qualitV or completeness of the display, but reflects a situation where due to negligence or Nvillful misconduct on the part of CONTRACTOR the shows cannot be shot. 6. LYTRA 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. INDE'NINIFICATION. DFFGNSG. HOLD HARIMLE..SS CONTRACTOR shall defend. indemnit'v 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 shalt be 22-11139/278 131 5 reimbursed by CONTRACTOR for all costs and attorney's fees necessarily incurred by CITY in successfully enforcing this obligation. 8. WORKERS' COMPENSATION AND E'NIPLOYERS' LIABILITY INSURANCE Pursuant to California Labor Code Section 1861. CONTRACTOR acknowledges awareness of Section 3700 et seq. ol'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 pertormance of the work hereunder: and shall indemnify. defend and hold harmless CITY from and against all claims. demands. payments. suit, actions. proceedings. and judgments of every nature and description. including attorney's fees and costs presented, brought or recovered against CITY. for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONTRACTOR under this Agreement. CONTRACTOR shall maintain workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. CONTRACTOR shall cover all subcontractors or require such subcontractors to provide such workers' compensation and employers' liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurances and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 9. INSURANCE In addition to the workers compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnil' 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 indemnity 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 Nvith 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"I\yo Million Dollars (52,000,000.00) per occurrence. If coverage is provided under a form which includes a designated 22-11139/278131 6 general aggregate limit, the aggregate limit must be no less than four Million Dollars (S4,000,000.00) for this I RO.IGCf. The policies shall name CITY, its officers. employees, agents, and volunteers (tile "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 anv 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" ofS2,500.00 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. Cl-RIIPICATF S 01= INSURANCE: ADDITIONALLY INSURED ENDORSI-\-IE\TS 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 police; 13. 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 o1 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 hereinaboye required. 22-11139/278131 7 CONTRACTOR shall provide a separate cope of the additional insured endorsement to each otCONTRACTOR'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 wilt 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 police endorsement complies with the requirements set forth herein. 11. INDEPENDENT CONTRACTOR CONTRACTOR is. and shall be. acting at all times in the pertormance of this Agreement as- an independent contractor and not as an employee ot'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, it 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 01,CITY. 13. CITY FMPLOYEFS AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No of7icer or employee of CITY shall have any financial interest in this Agreement in violation of-the applicable provisions of the California Government Code. 22-11139/278131 8 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 & Library Services. as the situation shall warrant, or by enclosing the same in it sealed envelope. first class postage prepaid and depositing the same in the United States Postal Services. addressed as follows: TO CITY: TO CONTRACTOR: City of Huntington Beach John Hagen Attn: Director of Community R Library /_ambclli Fireworks Nlanufacturing Services Company. Inc. 2000 N,lain Street P.O. Box 986 Huntington Beach. CA 92648 Shaffer. CA 93263 Notice shall be deemed effective when delivered or three (3) business clays after deposit in the mail. 15. IiiliMIGRATION 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 Icgal 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 liabtc for payment of any legal services expenses incurred by CONTRACTOR. 22-11139/279131 9 17. NIODIFICATION No waiver or modification of anv language in this Agreement shall be valid Unless in writing and duly executed by both parties. 18. SEiC'I'ION 1-1EADINGS The titles7 captions. section. paragraph. subject headings and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions. and do not interpret. define. limit or describe. or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT fhe lancuage 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 ol'the law. 20. DUPLICATE ORIGINAL I-he original of this Agreement and one or more copies hereto have been prepared and signed 22-11139/278131 10 in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of' its execution and delivcrv. 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 . ATTORNLiY' 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 attorneys lies. 22. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of'California. 23. E'•N IRETY The Agreement contains the entire agreement between the parties respecting the subject matter ol'this Agreement and supersedes all prior understanding and agreements whether oral or in writing between the parties respecting to subject matter hereof. 22-11139/278131 11 IN WTINESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through facir authorized of floors on�. V 2022, CONSULTANT, CITY OF HUNTINGTON BEACH,a ZAMBELLI FIREWORKS municipal corporation of the State of MANUFACTURINO COMPANY,INC. California RECEIVED AND F9M: Br M��0,.�1 �e� D. JATTN_ � _ _ print name City Clerk ITS: (circle one) Chairman/President/Vice President INITIATED AND APPROVED: AND D`.rector of Community&Library Services By: n►dEL G/ print name REVIEWED AND APPROVED: ITS; (circle one)Secretary/Chief Financial Officer/Asst. Socretary-Treasurer City Manager APPROVED AS TO FORM: City Attorney mv COUNTERPART 22-11139/278131 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on /yDYi y 2022. CONSULTANT, CITY OF HUNTINGTON BEACH, a ZAMBELLI FIREWORKS municipal corporation of the State of MANUFACTURING COMPANY, INC. California RECEIV AND FJ] EIS: print name City Clerk N ITS: (circle one) Chairman/PresidentfVice President INITIATED D APPROVED: AND Director of Community & Library Services By: print name RE ED AN APPROVED: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer City ManageU APPROVED AS TO F KM: ity A ey gV COUNTERPART 22-11139/278131 1� C' A�W CERTIFICATE OF LIABILITY INSURANCE DATE aahvnom l 3/15r2G22 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: It the certificate holder Is an ADDITIONAL INSURED, the policy(les)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 Ilou of such endorsemont(s). PRODUCER CONTACT Britton-Gallagher and Associates, Inc. PHONE FAz One Cleveland Center, Floor 30 flucMg. ..1 216-658-7100 (AJC. 4a1,216-658-7101 1375 East 9th Street E-MAILADDi Info@bdnongallagheLcom Cleveland OH44114 INSUREHIS)AFFORDING COVERAGE NAIC0 INSURERA:JAMES RIVER INS CO 12203 INSURED INSURER 0:HVereSt Denall Insurance Company 16044 7ambelli Fireworks Mfg. Co. 120 Marshall Dr, INSURER C:Axis Surplus Lines Insurance.Co. 26620 Warrendale PA 15086 INSURER D:Arch Speclalliy Ins Cc 21199 WSURERE- INSURER F: COVERAGES CERTIFICATE NUMBER:35941483 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. NOTWITHS TANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO 6WIICII 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 CLAMS. IN SR TYPE OF INSURANCE ADO SUER POLICY EFF POLICYE%P LIVJIS LTH POLICY NUMBER M.-NOD MMIe A X CO.MMERCIALGENER�ALLIABILITY M1270514 91100Y2 2110023 FACHOCCLRRENCE $I'Me 0 DA,UAGE TO RENTED —1 CLAIMS WOE F OCCUR ,CRE?915F,$.(E�aiUimr e_ S SJ,000 _ IAFO PAP M onopm- 5 _ PFrtSONALSADVIN'!URY 51,000,00o GENI AGGREGATE LIMIT APPUF5 PER: GEVFRALAGGREGATE S],opeWe POLICY JECT IOC MM PRODUCTS-COHP/OPAGG 52.0 ,0 X PRO O1 HER: S 11 HAU10TAODIL11LIAIIII-Iny SIBCAM211221 211=2 21IM2J MUINED ' [ N1.Lkq_accla_saa �.9P9-59ANY AUTO RWILY INJURY(Per person) S ALL UW"bUHEDIALDBODILY INJURY(Per.cmato 5 AUTOS AUTOSHIRFDAUTOS X AU 1WiJEU rcrKdPRPERjamftDAMAGE 5 $ C UMBRELLA LIAR XI CUR P401-00079170201 :1112CO2 21IM23 EACH OCCURRENCET - —-- Sacce000 X EXLESSLIAR _Ir;W1ASr.UU)F. AGGREGATE. S10M000 APPROVED AS O FORM U[U HEIEN11pNi $ WORKERS COMPENSATION 'It OTH AND EMPLOYERS'UADILITY YIN By: I' I�L.F--F'B N — ANYPROPRIETOnARTNERIECECULVE 14ICHAEL E.lLi L.L.fACH ACGOENT $ OFFICEMICIABER EXCLUDEU2 HIA (LUnUatory In NH) CITY ATTORNEY E.L.DISEASE EA EMPLOYEE S N))aa dnecrlbamabr CITY OF HUNTIN ON BEACH OF StRIPTION OF OPERATIONS ba:ox E.L.IASEASE-POLICY LIMIT S 0 Eacass lMb My p2 U%P 104809-00 2IITM%2 21IM21 FechO AlNRIale $5000,CM Tani C.IePeE Excess c9.0e]0M DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.Additlonal Remake Schedule,may be attached If mora apace Is uquind) Additional Insured extension of coverage is provided by above referenced Genera(Liabllily policy where required by written agreement. Date of Display:7/4/2022 Location:Huntington Beach Municipal Pier Additional insureds: City of Huntington Beach,Its Officers,Elected or Appointed Officials,Employees,Agents and Volunteers CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cityy of Huntington Beach 2000 Main Street Huntington Beach CA 9264E AUTHORIZED REPRESENTATIVE ©1980-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD A� CERTIFICATE OF LIABILITY INSURANCE onrElMnvoonwrl 3123/2.022 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(les) 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 endorseNnmH(s). PRCtWCCR NAMF CY Dina Danlelo The Graham Company PHONE 11 Fax The Graham Building .(AIG.Ho.taO 215567-6300 luc tla1:215.525 0236 1 Penn Square West EMAR DANIELE UNIT@qratlarnco.com .ADDRESS: �yra Philadelphia PA 19102- INSURER(S)AFFORDING COVERAGE NAIC0 INSURER A:Argonaut Insurance Comps 19801 i INSURED ZAMWIR41 INSURER U:PinnaclePDlnt Insurance Company, 15137 Zambelli Fireworks Manufacturing Co. 120 Marshall Drive INSURER C: Warrendale,PA 15086 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1227613455 REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AHOVF FOR THE POLICY PERIOD INDICATED. NOTVATHSTANDING 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 CUN(IIHONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADCLSUBRI TYPEOFINSURANOE -OLICYNUMBER lAhUDONYY MMM POLICY E%P R LIMITS CQMMERCIAL GENERAL LIABILITY EACtIOCCUNRENCE S OAMA F:TO R(:NIVD CIAIA!S-MOE n 0CCUi PRCMISF:S IEa er , S MEO EXP ..Parton s PERBONALRADVIN.VRY 5 GLNLAGGREGATELIMITAPPVESPER GENERALAGGREc-ATE s POLICY❑jE' (_1 LOC PRODUCTS-COMIvOP AGG S _ OTHER: S AUTOMOMLELIABILITY C,QVOW ED SIB ELIFIN S _IEa nCdail) ANY AUTO BODILY INJURY(Par Pnrwn) S OWNED SCl -D D ROO].Y INJURY(Pm ecddon9 5 ADIOS GNI.Y AUTOS HIRF.O NOM1'-0l5'NED I IL'9teSf+.CsaPROPERTY pAIIAGE $ AUTOS ONLY AU NOS ONLY UMBRELLALIAB _ OCCUR EACH OCCURRENCE 5 E%CESs t4Afl _1 CLAMS-MADE AGGREGATE $ Dan RETENTION$ ��yy S q WARNERS COMPENSATION RC9288J869]Sg4 2/112022 2/1/2023 l PER OI& n AND EM PLOYERTLIA 0ILI TY STATUTC ER rYIN WCP7001893 21112C22 2112023 aNYPROPRiETUWPliRlEIUE%ECDTIVE. NIA Fl.EACH ACG DENT S1,000,000 OFrR;E WMEMRER EXCIMOEU7 lldamlalory In FIN) I(El.DISEASE-I Eldi'LOYF. 5 1,000.000 IF yyaae devcd0e viler.' OF OPERATIONS vebR E.I.DISEASE-POLICY LIMIT S1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS rWHICLES (ACORD 101,Additional Remal}.s SCNadule,me,W eltachedll..space h u9ulred) Fireworks Display Display Dale: 7142021 Locallon:Huntlrlgton Beach Pier CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 14 ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are roglstered marks of ACORD I POLICY NUMBER: 00127051-0 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE I Name Of Additional Insured Persons Or Organization(s) City of Huntington Beach, its elected or appointed officials, agents, Officers, employees and volunteers i Information required to complete this Schedule if not shown above will be shown in the Declarations. I Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s)or organi- zation(s) shown in the Schedule, but only wish 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 ornis- sions of those acting on your behalf: A. In the performance of your ongoing operations. or B. In connection with your premises owned by or rented to you. I CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ i Policy# 00 1 27051-0 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and i I I CG 20 01 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1