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HomeMy WebLinkAboutZambelli Fireworks Manufacturing Company - 2025-03-13 (2) SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ZAMBELLI FIREWORKS MANUFACTURING COMPANY, INC.FOR FIREWORKS DISPLAY ON THE FOURTH OF DULY 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 2025 Fourth of July celebration on the Huntington Beach Municipal Pier, in the City 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 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 2025 fireworks display. The display is scheduled for approximately 9:00 p.m. and will each last a minimum of twenty (20) minutes in duration, and shall consist of the following: AERIAL PROGRAM Body Finale Four Inch Display Shells 216 Three Inch Finale Salutes 360 Five Inch Display Shells 216 Four Inch Finales Shells 90 Six Inch Display Shells 180 Five Inch Finale Shells 30 Eight Inch Display Shells 16 Six Inc Finale Shells 20 Multi Shot Devices 2,716 Eight Inch Finale Shells 1 TOTAL MULTI DEVICE SHOTS PLUS AERIAL SHELLS 3,845 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 4th of July and the show will be fired electrically. 24- 1 CONTRACTOR'S services shall also include, without limitation, the provisions 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 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) years from the Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. This 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 a fee of Sixty Thousand Dollars ($70,000) for 2025. CITY agrees that the full and final payment for CON I'RACTOR's services each year is due within ten (10) calendar days after the Fourth of July or by July 14. 5. SPECIAL PROVISIONS A. CONTRACTOR will provide a fireworks show that is a minimum of twenty (20)minutes in length on July 4, 2025. 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 (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 Independence Day Board and CITY staff. If, in the event that Mr. Sillert'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 pape lwork must be submitted and fees for CITY permits will be waived. CONTRACTOR is responsible for the processing of 24- 2 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. 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 the 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 4th of July Board by April 1. 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. Ifeither 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 24- 3 (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 of display; (50%) if cancellation occurs within four (4) days of the actual date set for the display; 4) 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; 5) one hundred percent (100%) thereafter. Ifcancellation 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 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. It is therefore agreed that CONTRACTOR will be responsible for reimbursement of CITY's actual expenses related to the fireworks display, in an amount not to exceed $15,000. The CITY may provide CONTRACTOR with receipts for expenses. As used herein, the phrase "failure to perform" does not refer to issues concerning the quality or completeness of the display or cancellation due to unsafe circumstances, weather events, or natural disasters , but only 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 A cknowledges 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 24- 4 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 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 liability and blanket contractual liability, of Two Million Dollars ($2,000,000.00) per occurrence. Ifcoverage 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. 24- 5 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; 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 CO 20 3 8 04 13 or coverage at least as broad. CONTRACTOR shall verify that every subcontractor policy endorsement complies with the requirements set forth herein. 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, m 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. 24- 6 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 &Library Services, as the situation shall warrant, or by enclosing the same in a sealed envelope, first class postage prepaid and depositing the same in the United States Postal Services, addressed as follows: TO CITY: TO CONTRACTOR: City of Huntington Beach John Hagen Attn: Director of Community & Library Zambelli Fireworks Manufacturing Company. Services Inc. 2000 Main Street P.O. Box 986 Huntington Beach, CA 92648 Shafter, CA 93263 Notice shall be deemed effective when delivered or three (3) business days after deposit in the mail. 15. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 16. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 24- 7 18. SECTION HEADINGS The titles, captions, section, paragraph, subject headings and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. Ifany provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each of the parties hereto shall retain an originally signed copy hereof. Each duplicate original shall be deemed an 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. 24- 8 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. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on A✓wl 13 , 2025. CONSULTANT, CITY OF HUNTINGTON BEACH, a ZAMBELLI FIREWORKS municipal corporation of the State of MANUFACTURING COMPANY, INC. California REC 'IV D *ND ILEDet By: A/ - �ctd Mom✓ yta-b, print name City C erk 3//z?// ITS: (circle one) Chairn /President/ /ice President - INITIATED AN PPROVED: AND 'rest r of Con iu ity& Library Services By: Ls_ ,'e,.eo,v rz print na REVIEWED AND AP OVED: ITS: (circle one) Seer Chief Financial Officer/Asst. Secretary - r City Manager APPR V AS TO FORM: City Attorney 24- 9 / .,• 11 k/re(C.." FORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM)DD(YYYY) 2/612025 f`HIS 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-certifleate holder Is an ADDITIONAL INSURED,thep olic URED previsions or be ericiorSed. If SUBROGATION !S WAIVED,subject to the terms and,conditions'of the policy,)certain must hpolic Policies`ADDITIONAL quflesan endorsement. A statement on this certificate,does not confer rights to the certificate holder in lieu of such endorsement(s). / PRODUCER CONTACT Acrisure Great Lakes Partners Insurance Services NAME: 223 West Grand River Ave#1 PHONE (A1C.Na.Exti:216-658-710Q p/c,No 216.658-7101 Howell MI 48843 E-MAIL. _ADDRESS: info brittongallagher.com INSUREms)AFFORDING COVERAGE NAICt) INsuRSD INSURER A:Everest Denali Insurance.Company .16044 3599 INSURER AxisrSurplus Lines.Insurance Co. 26620 Zalnbelli Fireworks Mfg.Co. 280 EXeCUtivp Dr.Ste 100 INsURERc;Everest Indemnity Insurance Company 10851 Cranberry Township PA 16066 INSURER b; INSURER`S: COVERAGES INSURER F CERTIFICATE NUMBER:1162263512`. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU• RED NAREVISION E M D ABO BFOR THE POLICY PERIOD INDICATED; NOTWITHSTANDING ANY REQUIREMENT,TERM.QR CONDITION OF ANY CONTRAGT'OROTHER DOCUMENT,WITH RESPECT�TO,•WHICH THIS CERTIFICATE MAYBE ISSUED dR MAY PERTAIN,^ THE INSURANCE'AFFORDED BY THE-POLICIES DES CRIBED,i�}1EREIN;ISt'SUBJECT TO°ALL`THE S EXCI SONS A,N�CONDITIONS 0 UCH no nfpR p}LIMITS SHOWNMAY HAVE BEEN REDUCEOBY PAID CLAIMS "`� ` TERMS, , • IZt �N INS i TR 3`r eY"K ^TYPE '�1NSURANCE POLICY EFF' 'POLICY.EXP C_ X COMMERC)ALGENERALLIADILITY POLICY.NUMBER (MM10DiYYYY) (MMIDO/YYYY) LIMITS Y V GC10010151251 2/1/2025 2/1/2926 ICLAIMS•MADE I X IOCCUR EACH OCCURRENCE. $1,000,000 DAMAGE TO.RENTED PREMISES(Ea occurrence).' S500,000 MEDEXP(Anyoneperson) S GEN'LAGGREGATE LIMIT APPLIES PER: PERSONALBADVINJURY $1,000,000 PRO= POLICY C JECT I I LOG GENERAL AGGREGATE S2,000,000 OTHER: PRODUCTS-COMP/op AGO S2,000,000. A AUTOMOBILE LIABILITY $ Y Y GCD0010065=251 2/1/2025 2/1/2026 COMBINEDaccident) SINGLE LIMIT ,X ANY AUTO (Ea aic)den0 S 1,000;000 OWNED SCHEDULED BODILY INJURY,(Per person) $' AUTOS ONLY AUTOS X HIRED X NON•OWNED BODPLYINJURY(Peracc(dent) S AUTOS ONLY AUTOSONLY PROPERTY DAMAGE (Per accident) S B UMBRELLA DAB X OCCUR Y < r P Wt-000791202-09. S X UMBRELLA :LIAR 2/1/2025. 2/1/2026 EACH OCCURRENCE $4,000,000 CLAIMS.MADE ' DED..I I RETENTION$. _- .- AGGREGATE S4;000;000- WORKERSCOMPENSATION _ - _S. " AND EMPLOYERS'LIABILITY - -- -f ANIPROPRIETOR/PARTNERIEXECi1TIVE Y(N s 1ST TUTS I I,ERH- OFFICEREMBEREXCLUDED?' I J NIA t WandatoryinNH) E.L.EACH ACCIDENT S IM If yes,describe underE.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below. _ C Excess Liability f(2 Y 'Y. GCIt1010152-251 E.L.DISEASE-POLICY LIMIT -$ 2/1/2025 2/1/2026 EdellO Aggregate $5.000,000 TolalLinilis 10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORN 1N Additional Remarks Schedule,May be attached If more space Is required) Additional Insured extension of coverage is provided b)abpve referenced General Liability and Auto Liability policies where required by written agreement. Date of Display:_7/4/2025 ` Location Huntington Beach•Municipal Pier, Additional Insureds:: i.:„)),J\ City of Huntington Beach,its Officers,Elected orAppoiiOdOfficials,Employees,Agents and Volunteers APPROVED AS TO FORM By:_ I MICHAEI»E. GATES CERTIFICATE HOLDER MCI ATTL1k3NFV CANCELLATION I F HUNTItthTnra RFAri SHOULD ANY OF'THE ABOVE DESCRIBED POLICIES BE CAICJCELLED BEFORE l THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach t ACCORDANCE WITH THE POLICY PROVISIONS: 2000 Main Street Huntington Beach CA 92648 AUTHORI2EDREPRESENTATiVE 9 ACORD 25(201(i/03} The A.COR ©f988:2015 AGORD;CORPORATION. AEI rights reserved. me anti logo are registered marks of ACORD" • AC p® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYYY) L-� 2/6n025 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 endorsement(s). PRODUCER CONTACT Liv Tumolo Graham Company,a Marsh&McLennan Agency,LLC company PHONE FAX The Graham Building (Mc.No.Eta); (A/C, ):uc,No One Penn Square West ADDRESS: Iiv.tumolo@marshmma.com Philadelphia PA 19102 INSURER(S)AFFORDING COVERAGE NAM# INSURER A:PinnaclePoint Insurance Company 15137 INSURED 7A1JBFIR-42 INSURER B:Argonaut Insurance Company 19801 Zambelli Fireworks Manufacturing Co. 280 Executive Drive INSURER C Suite 100 INSURERD; Cranberry Township PA 16066 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:382593171 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 CONDITIONb OF SUCH;POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - "- ADDL SUER - POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD - POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY), LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S _ DAMAGE TO ROM CLAIMS-MADE OCCUR PREMISES(Ea occurrence) S MED EXP(Any one person) S PERSONAL&ADVINJURY $ GEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG S OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY fPer accident) UMBRELLA LIAB — OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS S A WORKERS COMPENSATION Y WCP7001893. 2/1/2025 2/1/2026 X STATUTE OTH- ER B AND EMPLOYERS'LIABILITY YIN ARGWC929198697544 2/1/2025 2/1/2026 ANIPROPRIETORIPARTNERIEXECUTIVE N!A E.L.EACH ACCIDENT S1,000000 OFFICERIMEMB E REXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Prior to loss,and if required by written contract,Waiver of Subrogation is provided on the above Workers Compensation Policies for work performed under contract if permissible by state law. Display date:July 4,2025 Location:Huntington Beach Pier,Huntington Beach,California 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. City of Huntington Beach 2000 Main Street A T ORIZED PRESENTATIVE Huntington Beach CA 92648 O 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GC10010151-251 COMMERCIAL GENERAL LIABILITY ECG 20 592 05 09 • 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) ANY PERSON OR LEGAL ENTITY IN WHICH YOU HAVE A WRITTEN CONTRACT,AGREEMENT,OR PERMIT WHICH REQUIRES THAT YOU NAME THE CONTRACTING PARTY AS AN ADDITIONAL INSURED. City of Huntington Beach, its Officers,Elected or Appointed Officials,Employees,Agents and Volunteers Information required to complete this Schedule,if not shown above,will be shown in the Declarations.. A. Section 11 — Who Is An Insured is amended to C. The Limits of Insurance afforded to an additional include as an additional insured the person(s) or insured shall be the lesser of the following: organization(s) shown in the Schedule, but only 1. The Limits of Insurance required by the written with respect to liability for"bodily injury", "property agreement between the parties;or damage or "personal and advertising injury" but only to the extent caused, 'in whole or in part, by 2. The Limits of Insurance provided by this Cov- your acts or omissions or the acts or omissions of erage Part. those acting on your behalf: D. With respect to the insurance afforded to an addi- 1. In the performance of your ongoing operations; tional insured, the following additional exclusion or applies: 2. In connection with your premises owned by or This insurance does not apply to "bodily injury", rented to you. "property damage"or"personal and advertising in- jury" arising out of any act or omission of an addi- B. The insurance afforded to an additional insured tional insured or any of its employees. shall only include the. insurance, required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. ECG 20 592 05 09 Copyright,Everest Reinsurance Company 2009 Page 1 of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc.,used with its permission. Policy# GC1001015.1-251 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 following: 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 CG 20 01 0413 ©Insurance Services.Office, Inc.,2012 Page 1 of 1