HomeMy WebLinkAboutAmerican Promotional Events, Inc. - TNT - 2013-04-15Dept. ID AD-13-012 Page 1 of 2
Meeting Date: 4/15/2013
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 4/15/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Fred A. Wilson, City Manager
SUBJECT: Authorize the City Manager to execute all documents on behalf of the Fourth of
Julv Executive Board in furtherance of the sale of Safe and Sane Fireworks
Statement of Issue: The City Council is asked to approve an agreement with TNT Fireworks to be
the vendor providing Safe and Sane Fireworks to the ten non-profit groups chosen at random by
the Fourth of July Executive Board.
Financial Impact: None
Recommended Action:
A) Authorize the City Manager to execute the "Service Agreement Between the City of Huntington
Beach and American Promotional Events, Inc. (TNT) for Firework Sales in the City of Huntington
Beach" as vendor for the sale of Safe and Sane Fireworks, and, execute contracts with the ten non-
profits groups; and,
B) Execute any other contracts on behalf of the Fourth of July Executive Board regarding the sale
of Safe and Sane Fireworks.
Alternative Action(s):
Do not approve the City Manager's authority to sign agreements with TNT Fireworks as the
fireworks vendor and the non-profit groups.
Analysis:
The City Council adopted Ordinance No. 3932 adding Municipal Code Chapter 5.90 which allows
the sale of Safe and Sane Fireworks in the City for a two-year pilot ending after in 2013. The City
Council named the Fourth of July Executive Board as the preferred vendor to utilize the booths to
sell the fireworks.
The Fourth of July Executive Board does not have the authority to sign and enter into contracts on
behalf of the City since they are not a registered 501(C)3 organization. For this reason, in order to
sell fireworks, the City will need to enter into a contract with a fireworks vendor. The City will also
need to enter into agreements with the ten non-profit groups that are selected through a random
drawing, to operate the fireworks booths to earn money for their organizations.
A Request for Proposals was distributed to the eligible fireworks companies in the State of
California and two proposals were received. The proposals from TNT Fireworks and Phantom
Fireworks were reviewed by Deputy City Treasurer Jim Slobojan and Community Relations Officer
xB -231- Item 10. - 1
Dept. ID AD-13-012 Page 2 of 2
Meeting Date: 4/15/2013
Laurie Frymire. The proposals were also reviewed by Fourth of July Executive Board Director Pat
Stier.
A comparison of the proposals is attached. Following review of the proposals and an extensive
background check on the two companies, it was determined that TNT Fireworks submitted the best
proposal to provide the Fireworks and work with the non-profit groups.
This action will allow the City Manager to sign said agreements on behalf of the Fourth of July
Executive Board.
Environmental Status:
Strategic Plan Goal:
Enhance economic development
Attachment(s):
1. Fireworks Comparison 2013
2. Agreement with TNT Fireworks including Scope of Work
Item 10. - 2 HB -232-
ATTACHMENT #1
xB -233- Item 10. - 3
Fireworks comparison/cost and profit to Non-
TNT
Phantom
Profit group (NPG)
PER STAND
Gross Sales Estimate
$100,000
$100,000
Profit sharing
57.5/42.5
50/50
NPG/Distributor
Net Profit to NPG's
$57,500
$50,000
Approximate costs that are being paid for by vendors:
$11,935
$13,225
Credit Card Machine, Lease for property, State fire marshal
permit, HB Fire dept permit, other city permits, cost of
stand, sales aid and advertising materials, fire extinguisher
and all credit card processing fees.
Contribution to 4tn of July Board
$55,000
$45,000
Additional contribution to 4th of July Board — assumes all t-
$10,000
shirts will be sold.
If vendor is able to secure a location at no cost, they will
$2,000 to the City
$2,000 to 4th of July
donate funds.
and $1,000 to NPG @
Board
stand
The straight profit sharing split favors TNT. 57.5% is greater than 50%. The split is based on estimated sales.
TNT is offering a financial contribution to the 4th of July Board that is $10,000 greater than Phantom. However,
Phantom is providing 1,000 t-shirts to be sold at $10 each. Assuming that all of the t-shirts will be sold, this
would provide the 4th of July Board with $10,000 and thus equalize the difference in the financial contributions
between TNT and Phantom. Again, the assumption is that ALL the t-shirts will be sold.
The approximate costs that will be picked up by the fireworks distributor are estimates, but regardless, they are
costs that will not be the responsibility of the NPG or the City.
All NPG's will be responsible for hiring security (either paid or volunteer).
The sales tax and the regulatory fee will be the responsibility of the each NPG. The ability for each NPG to
acquire a location at zero rent will benefit them under a contract with TNT. Phantom will donate funds directly
to the 4th of July Board while TNT will donate funds to the NPG as well as to the City.
Ratings (scale of 1-5, with 5 being Excellent)
Category
TNT
Phantom
Profit Sharing
5
4
Bearing of costs for NPG
5
5
Financial Assistance
5
4
Additional financial assistance
5
4
TOTALS
20
17 j
Item 10. - 4 xB -234-
ATTAC H M E N T
SERVICE AGREEMENT BETWEEN
THE CITE,' OF HUNTINGTON BEACH AND
AMERICAN PROMOTIONAL EVENTS, INC.
FOR
FIREWORK SAFES IN THE CITY OF HUNTINGTON BEACH
THIS AGREEMENT ("Agreement"} is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter called "City,"
and American Promotional Events, Inc., a California Corp., hereinafter referred to as
"Contractor" or "TNT."
Recitals
A. City desires to retain a Contractor having special skill and knowledge in the field of
distribution of fireworks products and leasing and constructing fireworks sales stands to
sell fireworks in the City of Huntington Beach.
B. Contractor represents that Contractor is able and willing to provide such services to City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a comparable company in the field.
Contractor has been selected to perform these services pursuant to Huntington Beach
Municipal Code Chapter 3.02,
NOW, THEREFORE, it is agreed by City and Contractor as follows:
1. Scone of Services
Contractor shall provide all services as described in Exhibit "A," which is attached hereto
and incorporated into this Agreement by this reference, the Request for Proposal and Chapter
5.90 of the Huntington Beach Municipal Code. These services shall sometimes hereinafter be
referred to as the "Project."
Contractor hereby designates John Kelly, 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 Contractor in the performance
of this Agreement.
Page l of 9
13-3707/94085
3. Comamensation
Contractor agrees to accept as total payment for its services, the rates, charges,
percentages and payment distribution method identified in Exhibit "A."
Payment need not be made by City or Non Profit groups for work which fails to meet the
standards of performance set forth in the Recitals which may reasonably be expected by City.
4. 'Verna
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 by City (the "Commencement Date")
and terminate one year after execution, unless terminated earlier in accordance with the
provisions of this Agreement. All tasks specified in Exhibit "A" shall be completed no later than
September 1, 2013. The time for performance of the tasks identified in Exhibit "A" are generally
to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if
mutually agreed to in writing by City and Contractor.
In the event the Commencement Date precedes the Effective Date, Contractor shall be
bound by all terms and conditions as provided herein.
5. Extra Work
In the event City requires additional services not included in Exhibit "A" or changes in
the scope of services described in Exhibit "A," Contractor 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.
b. Disposition of Flaws, Estimates and Other Documents
Contractor 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 Contractor 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.
7. Bold Harmless
Contractor 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, and
consequential damage or liability of any kind or nature, however caused, including those
resulting from death or injury to Contractor's employees and damage to Contractor's property,
arising directly or indirectly out of the obligations or operations herein undertaken by Contractor,
caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors,
Page 2 of 9
13-3707/94085
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, including but not limited to concurrent active or passive negligence, except where
caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor
will conduct all defense at its sole cost and expense and City shall approve selection of
Contractor'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 a limitation upon the
amount of indemnification to be provided by Contractor.
8. Workers ConnnLnsation Insurance
Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of
Section 3700 et seq. of this Code, which requires every employer to be insured against liability
for workers' compensation; Contractor covenants that it will comply with such provisions prior
to commencing performance of the work hereunder.
Contractor shall obtain and furnish to City, workers' compensation and employer's
liability insurance in an amount of not less than the State statutory limits.
Contractor shall require all subcontractors to provide such workers' compensation and
employer's 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
employer's liability insurance and Contractor shall similarly require all subcontractors to waive
subrogation.
9. General Viability 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 ProjecVService. 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 or in
connection with the Project/Service, 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 Five Million Dollars
($5,000,000) per occurrence. If coverage is provided under a form which includes a designated
general aggregate limit, the aggregate limit must be no less than Five Million Dollars
($5,000,000) for this Project/Service. 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/Service shall be deemed excess coverage and that Contractor's insurance shall be
primary.
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.
Page 3 of 9
13-3707194085
10. Automobile Liability Insurance
Contractor shall obtain and furnish to City an automotive liability insurance policy
covering the work performed by it hereunder_ This policy shall provide coverage for Contractor's
automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per
occurrence and a separate "Additional Insured Endorsement" page listing both the policy number
and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees,
agents and volunteers" as additional insured on the endorsement. 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.
11. Certificate of Insurance
Prior to commencing performance of the worm hereunder, Contractor shall furnish to City
a certificate of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverage as required by this Agreement; the certificate 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 that such policy 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 written notice in the event of cancellation for
nonpayment of premium.
Contractor shall maintain the foregoing insurance coverage in force until the work under
this Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverage shall not derogate
from Contractor's defense, hold harmless and indemnification obligations as set forth in this
Agreement. City or its representative shall at all titres have the right to demand the original or a
copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the
premiums on the insurance heremabove required.
12. Independent Contractor -
Contractor 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. Contractor 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
Contractor 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.
Page 4 of 9
13-3707/94085
13. Conflict of Interest
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
14. Termination
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case such
work product shall be the property of the City unless prohibited by law, and Contractor
consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
15. EMhj§jv and Amendment
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
16. Assimment
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
Page 5 of 9
13-3707/94085
17. City Emplovees and 2fcials
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.
18. Notices
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to Contractor'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
depositing the same in the United States Postal Service, to the addresses below. City and
Contractor 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 U.S. certified mail -return receipt requested:
To City:
City of Huntington Beach
Atlas: Laurie Frymire
2000 Main Street
Huntington Beach, CA 92648
19. Consent
To Contractor:
American Promotional Events, Inc-
Attn: John Kelly
555 North Gilbert Street
Fullerton CA, 92833
When City, s consentlapproval 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 transactions or event.
20. Modifncation
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
21. Section Headinvi
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.
Page 6 of 9
13-3707194085
22. Interuretation of this Agreement
The language of all parts of this Agreement shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any of the parties. If any provision of
this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,
void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and
provisions of this Agreement. No covenant or provision shall be deemed dependent upon any
other unless so expressly provided here. As used in this Agreement, the masculine or neuter
gender and singular or plural number shall be deemed to include the other whenever the context
so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
23. Dunticate Qriginal
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. bnmigration
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.
25. Legal Services Subcogj acting 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
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 Contractor.
26. CdeHatiailty
Contractor recognizes that in the performance of its duties under this Agreement, it must
conduct its activities in a manner designed to protect information of a sensitive nature from
improper use or disclosure. Contractor warrants that it will use reasonable cfforts consistent with
practices customary in the facilities management industry in recruiting, training and supervising
employees and in otherwise performing its duties hereunder in order to achieve this result. In the
furtherance of this, Contractor agrees, at the request of the City, to require its employees to
execute written undertakings to comply with the foregoing confidentiality provision.
Page 7 of 9
13-3707/94085
27. Discrimination
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
28. durisdietion - Venue
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
29. Professional Licenses
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Huntington Beach and all other governmental agencies. Contractor shall notify the
City immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
30. 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 nonprevailing party.
31. Survival
Terms and conditions of this Agreement, which by their sense and context survive the
expiration or termination of this Agreement, shall so survive.
32. +Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State
of California.
Page 8 of 9
13-3707/94085
T-650, I --
33. Si nat(D
Each undersigned represetets and warrants that its signature hereittbelow has the power,
authority said right to bind their respective belies to each of the tetans of this Agsreetnent, and
shall indemnify City Bally far any injuries or damages to City in the event that such aufttity or
lsntver is nt,t, in tact, held by the signmosy or is withdrawn.
34. �:attea'cty
(a) The parties acknowledge mid agree that they cue entes-ing into this
Agpicuaictlt kety and voltautariiy follou'rtb extensive artn's length negettation, and that each has
lied the 0j)j:t:rtitnity to consult with legal counsel prior to cxeouting this Agreement. The parties
:dso ackrin%v}edge and agree that no aepresentatiot+s, inducements, promises, Weements or
%v'u antiey. oral or othm%, se, have been made by that partY or anyone acting on that party's
r.-!►self, �:h:ctt are that embodied ill this Agreement, attd that that p►y ttaa not cxccutec! t)tis
A reemcnt in rt:liattce on nny representation, inducement, prvttuse, agrteineat warr.utty, react �}r
" NUMS"Ilr;e 110% cxpressly s'a tottll ill this. [ctitiell[.
(b) All Exhibils teferenced herein and ,attached heieto $ball be incorparated as if
fully set fot th in the bony of this Agreement. j
35. j:ffective ka c
Thi-+ Agreement shall be effective on ---- &� 13 and
small expire: whc:+t tcrnunated as provided herein -
IN WITNESS Wi-IEitr,%)F, the parties hereto I+ave caused this Agreement to be executed
by and Rough their authorized officers.
i'ald'i'1r.AC;T'4R CITY OF nuNTENGTON BEACH, a
�IUCA':3 PROMOTIONAL EVENTS, Inc. corp ration of the State of
pr'nt awne
i lS: (.•i:rle �,nr) Chaircnanft'rasideutlt'ice 4't¢3ielcni
AND
priat Milne
UFtiGNrFP,��t Sectatsry - 'Ctea�ure:
ij•3107040*t5
Manager
Ili „�VCD ND PROVED:
I?freator I Chief
T� c ) 1'i't) FORM.
City A onny - %}`� 1!� CP� •��
Page 9 of 9
�, ��
b � i�
a, �°, � I
_�_
EXHIBIT RYA
A. STATEMENT OF WORK: (Narrative of work to be performed)
Pursuant to the terms and conditions further defined below and in the Agreement, AT
ITS SOLE COST AND EXPENSE, CONTRACTOR shall secure all permits, locate and secure
lease locations for firework stands, prepare training material and conduct training for Non -Profit
Groups (NPG) and volunteers, deliver the fireworks to predetermined locations as discussed
with the NPG's, set up and remove stands, market fireworks using local advertising, provide
required insurance, provide consumer safety education material, provide credit card equipment
to NPGs, work with City officials and assist in end of season analysis.
B. CONTRACTOR'S DUTIES AND RESPONSIBILITIES:
1. Schedule "kick-off meeting with City Manager, Fire, Police, Building, Finance and
Community Service to discuss implementation plan. The meeting will be held no later
than April 30, 2013 unless a later date is agreed to at the sole discretion of the City
Manager.
2. Schedule and meet with all non-profit organizers no later than April 30, 2013.
3. Schedule meetings with City Department staff (Fire, Police, etc.) to discuss logistics,
including but not limited to scheduling, stand locations, traffic, parking, eta Meetings
must begin no later than April 30th, 2013.
4. Negotiate and enter into lease for stand locations no later than May 31, 2013.
5. Following City's lottery draw to pick the NPG's; secure contracts with the randomly
chosen NPG"S and calendar training.
6. Acquire all permits and approvals in accordance with local ordinance and RFP prior to
May 31, 2013.
7. Fifteen days following completion of permit acquisition, Contractor shall provide project
information packets to the Fire Department and City oversight departments that include
applications, licenses, insurance documents, site plans, etc. for review.
S. Fifteen days after review of project information packet, Contractor must obtain all City
approvals.
9. Before May 13, 2013, conduct training course customized to the ten (10) identified non-
profit groups. City staff, Police and Fire, etc. must be invited to attend any or all of the
training.
10. Contractor to meet and review the training course materials with the Fire Department
prior to the class date.
11. Coordinate stand placement prior to June 28, 2013.
12. Coordinate fireworks delivery dates with non -project groups prior to June 28, 2013.
13. Contractor obtains all electrical permits before May 31, 2013. All electric equipment
including generators must be properly grounded and approved by City Building
Department.
14. Contractor will work with the City to identify advertisement locations and requirements
and coordinate advertising placement prior to sales period. All advertising must comply
with the City's Zoning and Subdivision requirements for signsioutdoor advertising.
15. Contractor will provide each non-profit group a "one stop" number to call for any issues
that arise during the sales period.
16. Contractor will supply each stand with safety materials for distribution to customers.
These materials will include approved places to use fireworks.
13-3707/94087
17. Contractor Account Manager will visit each stand at least once per day and be available
24 hours/day during the sates period.
18. Once the fireworks sales period has ended, Contractor will meet with and coordinate
With each non-profit group regarding the inventory, return of unsold products and create
a financial report to be submitted to the City.
19. As part of Contractors accounting duties pursuant to this agreement, the Contractor shall
assure that each NPG properly accounts for and provides to the City billing information
to assess the correct regulatory fee.
Adcli— ovally, Contractor will provide the following at its sole Cost and expense;
1. Contractor will provide use of 32 foot, all metal fireworks stands, including delivery, set-
up and removal at each location.
2. Contractor will assist in identifying prime locations (as required) and determine best
placement of stands for customer safety, delivery, and operational performance.
3. Contractor will provide wireless credit card terminals for each location.
4. Contractor will provide a return center for all damaged and undamaged merchandise on
.iuly 5"'.
5. Contractor will provide sales flyers and product bags at each location.
6. Contractor will provide a "Sales Aid Kit" to each location.
7. Contractor will provide fire extinguishers preapproved by the City Fire Department to
each location.
8. Contractor will provide cash registers at each location.
9. Contractor will provide storage containers at certain locations if permitted by Fire .
10. Contractor will provide product use safety flyers at each location.
11. Contractor will provide "donor script" program for each NPG.
12. Contractor will "take back" all unsold products whether damaged or undamaged.
13. Contractor will provide daily customer service assistance to each location.
14. Contractor will be responsible for trash removal at all stand locations.
15. Contractor will set up and take down all booths and return leased property back to its
preleased conditions (unless otherwise agreed in the land use agreement).
C. CITY'S DUTIES AND RESPONSIBILITIES:
Approve all firework stand locations prior to operation.
2. Select NPG's per City Ordinance and require agreements with each NPG and
Contractor assuring the terms and conditions contained herein are complied with by April
19th.
3. Assist Contractor in obtaining City permits Contractor EXPRESSLY AGREES that the
City will provide independent financial analysis of the entire fireworks sales operation as
it pertains to the terms and conditions of this agreement and that of the Contractor and
the NPG's. Contractor will provide all financial data requested by the City as it pertains
to this agreement and that of the Contractor and the NPG's
4. Pursuant to Huntington Beach Municipal Code section 5.90.120, the City will charge
each NPG a regulatory fee not to exceed 10% of gross sales of fireworks. As part of
Contractors accounting duties pursuant to this agreement, the Contractor shall assure
that each NPG properly accounts for and provides to the City the correct billing
information to assess correct regulatory fee.
13-3707/94087 2
D. WORK PROGRAM/PROJECT SCHEDULE:
1. Schedule "kick-off meeting with City Manager, Fire, Police, Building, Finance and
Community Service to discuss implementation plan. Schedule meeting before and of
April 30.
2. Prepare and meet with non-profit organizers. Will begin once Non -Profits have been
selected.
3. Initiate meetings with City Department staff (Fire, Police, etc.) to discuss logistics,
including but not limited to; scheduling, stand locations, traffic, parking, etc. Schedule by
April 30, 2013.
4. Finalize lease terms for stand locations by May 31, 2013.
5. Following lottery draw; determine non-profit groups, secure contracts and calendar
training. Schedule lottery April 17, 2013.
6. Initiate permit acquisition in accordance with local ordinance and RFP. Week of April 22,
2013..
7. Following completion of permit acquisition, TNT Fireworks shall provide City of
Huntington Beach Application to Sell Fireworks to the Fire Department and City
oversight departments that include applications, licenses, insurance documents, site
plans, etc. for review. May 15, 2013
8. Receive Fire Department approval after review of the City of Huntington Beach
Application to Sell Fireworks by May 31,2013.
9. Conduct training course customized to the ten (10) identified non-profit groups, including
invitation to City staff, Police and Fire, etc. Mid May. Course content to be reviewed with
the Fire Department prior to course delivery.
10. Coordinate stand placement by June 28,2013
11. Coordinate fireworks delivery dates with non-profit groups. June 28, 2013.
12. TNT Fireworks will ensure all electrical permits are obtained, generators properly
grounded and approved by City Building Department before delivery of fireworks.
13. TNT Fireworks will identify advertisement location and requirements and coordinate
advertising placement prior to sales period. Early May.
14. TNT Fireworks will provide each non-profit group a "one stop" number to call for any
issues that arise during the sales period at training course.
16. TNT Fireworks will supply each stand with safety materials for distribution to customers.
These materials will include approved places to use fireworks.
16. TNT Account Manager will visit each stand at least once per day and be available 24
hours day during the sales period.
17. Once the sales period has ended, TNT Fireworks will coordinate appointments for each
non-profit group regarding the inventory and return of unsold product. July 5, 2013
18. TNT Fireworks will then meet with each non-profit to review the financial report and
submit same to City. July 31, 2013.
13-3707/94087 3
Payment Terms and Schedule
All Fireworks Stands shall be provided the following based upon indentified cost
SERVICE/PRODUCT FOR EACH STAND
Gast Absorbed
by TNT
cost to
NPG/aty
Premier selling location
$4,000
0
32 foot Metal, One Piece fireworks stand with indoor/outdoor
lights
$450-$650
0
$1 million Certificate of Insurance for liability
$1,500
0
All necessary city permits
$345
0
All necessary city fire permits
$225
0
All necessary county/state permits
$50
0
Fire extinguishers, 2 water & 1 chemical
$39.50
0
Sales/marketing materials and tools
$150
0
Advertising, including mailer, newspaper, etc.
$1,000
0
Sweepstakes promotion, assortment give-away
$50
0
Skw generator rental and delivery
$350
0
1-2 pre-programmed cash register(s)
$200-$400
0
1-3 wireless credit card terminal(s)
$275-$825
0
Wireless credit card processing and transaction fees
$900
0
18 TNT T-shirts & 18 TNT baseball hats
$250
0
All training materials, tools and events
0
Pre -season script program materials
0
Fireworks deliveries, initial and re -orders
0
Local fireworks returns center and process
0
24/7 seasonal customer service
0
CA State Fire Marshal safety & education literature
0
TOTAL NPG/CITY SAVING PER STAND
$10,034.w
$11,935.50
0
TOTAL FOR 10 STANDS
$100,345-
$119,355
0
PAYMENT TERMS
1. Contractor will pay to the City an amount not to exceed $55,000.00 for July 4th fireworks
show by .tune 1, 2011
2. Contractor will deliver each stand an initial order of $75,000.00 to $120,000 at retail
value of fireworks. The NPG's will only be required to pay 42.5% of the suggested retail
price back to the Contractor after sales period (as discussed, the Contractor will also be
required to take back all unsold merchandise at Wholesale cost i.e. no cost to the
NPG's).
3. The pricing herein is contingent upon the Contractor servicing ten (10) licensed
approved nonprofit groups for the 2013 fireworks season.
Contract with each NPG.
13-3707/94N7 4
CONTRACTOR PRICING SHEET
Attached to Exhibit A is this Attachment 1, which is incorporated herein by reference.
TNT Fireworks
Item Name
Price
Item Name
Price
Punk
0.05
Lil Red Devil (BIGIF)
9.99
Luck of the Irish
9.99
Triple Treat
12.99
Radiant
10.00
Pyro Pak
19.99
Pop It's, TNT
0.99
Big Value Bag
29.99
Flashing Ftn. 5's TNT
1.49
Family Pak
39.99
Tequila Sunrise
1.49
49er
49.99
Short & Stout
1.5
All American
79.99
Lightning Flash 6's
2.29
Perfect Show
99.99
Snakes, Assorted, TNT
2.49
Big Timer
139.99
Orchid
3.00
Big Deluxe
199.99
Ground Bloom Flowers 6's
2.49
Big Bang
500.00
Smoke Balls 6's
2.79
Spiral Lite
5.99
Mini Monster Ftn 1 G 1 F)
2.99
Night Treasure
14.99
Crazy Eyeballs Ts
2.991
Mad Dog Ftn. 1GlF
17.99
Killer Bees
2.99
Independence Day
21.99
TNT Blasts 6s
2.99
American Spirit -Sizzler 1G1F)
22.99
Black Widow
4.00
Pyro Palooza
19.99
Crackling Cactus
3.99
Oblivion
19.99
Viva El Futbol
4.99
Tnt Fountain
25.99
En Fuego
4.99
Ju nbo Purple Rain
24.99
Fire Krackle Ts B1GIF
4.99
Stacks Up
39.99
Piccolo Pete 6's
4.99
Delirium
49.99
Little Miss
4.99
American Light
49.99
CA Candle Combo Pack
5.99
Opening Show
59.99
Purple Rain (B 1 G 1 F)
5.99
Capitain Kidd
9.99
Pink Diamonds
7.99
Game Time
39.99
Parfait Fountain
6.99
Cheeky Fun
3.99
Momi Glory 1G1F)
8.991
Rainbow Ras
599
Jack of Hearts
8.99
Recess
3.00
ht Jesters Deli
19.99
Surfs Up
1 10.99
13 3707/94097 5
2013 HUNTINGTON BEACH LOCATION PRO FORMA
Attached to Exhibit A is this Attachment 2 which is incorporated herein by reference.
TNT Fireworks 2013 Huntington Beach per location Pro Forma
Item Description
Dollar
Amount
NPG's Retail Sales
$92,500
42.5% Cost of Fireworks
-$39,312
Property Rent
$0
Stand & Lighting
$0
Liability/Fire Insurance
$0
All City Permits
$0
All Fire Permits
$0
All County/State Permits
$0
Fire Extinguishers
$0
Sales/Marketing Materials
$0
Safety & Education Materials
$0
Initial & Re -Order Deliveries
$0
Advertising Program
$0
Sweepstakes Promotion
$0-
Pre-Season Script Materials
$0
Generator Rental
$0
Storage Container Rental
$0
Programmed Cash Register(s)
$0
Credit Card Terminal(s) Rent _
$0
Credit Card Processing Fees
$0
All Training Tools & Events
$0
12 TNT T-Shirts & Hats
$0
Fireworks Return Process
$0
24/7 Customer Service
$0
Total Expenses
-$39,312
Net Profit (57.5% of Retail Price) 1 $53,188
13-3707/94087 6
AC6R®® CERTIFICATE OF LIABILITY INSURANCE
l� 11/1/2013
DATE(MMiooNYYY)
4/30/2013
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 1NSURER(S), AUTHORIZED
REPRESENTATIVE. OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. ff 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 Lockton Companies, LLC
Peachtree Road NE, Suite 800
Atlanta GA 30305
(404) 460-36W
CONTAC
ME I3280
PHONE FAX
ANC No
E-MAIL
INS AFFORDING COVERAGE
NAIC A
INSURER A: Scottsdale ui
41297
INSURED American Promotional Events, Inc.
utsuReta: Jarnes River Insurance Company
12203
INSURER C : Ironshorc Specialty Insurance Co
25445
1359632 DBA TN'r Fireworks, Inc.
INSURER D:
555 North Gilbert Avenue
Fullerton CA 92833
INSURER E :
INSURER r :
COVERAGES CERTIFICATE NUMBER: 12336076 REVISION NUMBER, XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE' LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADO
INSR
SUER
WVD
POLICY NUMBER(
POLICY EFF
MMM
POLICY EXP
MM70
LIMITS
A
GENERAL LIABILITY
N
N
CPS I612503
11/1/2012
11/112013
EACH OCCURRENCEt
PR�E�SESO(EaENTED
occurtence)
S 100,000
X MMERCUV- GENERAL L DILITY
MED EXP oneperson)
S 5,000
CLAIMS -MADE X]OCCUR
PERSONAL & ADV INJURY
S 1,000,000
GENERAL AGGREGATE
$ 2-000,000
GEN1 AGGREGATE LIMIT APPLIES PER:
PRODUCTS -COMPIOP AGG
S 2,000,000
$
POLICY n jECj X LOC
AUTOMOBILE
LIAe1LI1IY
NOT APPLICABLE
75MAIRMTn9arrur—
(Ea l)
$ XXXXXXX
BODILY INJURY (Per person)
$ XXXXX
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY Pw arrident
XXXXXXX
PROPERTY DAMAGE
$ XXXXXXX
NGN-OWNFO
HIRED AUTOS AUTOS
AUTOS
S XXXXXXX
B
X
UMBRELLA LIAR
X
OCCUR
N
N
M5449-0
11/1/2012
11/1/2013
EACH OCCURRENCE
S 5,000,000
EXCESS LIAB
CLAIM3-MADE
AGGREGATE
$ 5,000,000
DED 1 1 RETENTION$
$ XXXXXXX
WORKERS COMPENSAriON
AND EMPLOYERS' LIABILITYANY PROPRIETORPPARTNERIEXECUnVE YIN
OFRCEIVMEMBER EXCLUDED?
(Mandatory In NH)
N N A
NOT APPLICABLE
TOKYL TU ER
E.L. EACH ACCIDENT
$ XXXXXXX
E.L DISEASE - EA EMPLOYEE
S XXXXXXX
It yyees, deurbe under
ESCRIPTION OF OP RATIONS below
El- DISEASE -POLICY LIMIT
S
C
Excess Liability
rl
N
00t504500
111112012
111112013
S15,000,000 Each Occurrence
$15,000,000 Aggregate. Total Umbr &
Ex Umbr: $20,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Additional Remarks Schedlde. 9 more space is required)
City of Huntington Beach, its officers, elected of appointed officials, employees, agents and volunteers. The above listed are Additonal Insurarcd in respects to
Gcncral Liability policy as required by written contract subject o1 policy temis, conditions and exclusions
vRD as TO 0��1.
,alp
MrrRaTII,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
12336076
City of Huntington Beach, its officers, eclected
or appointed, officials,
employees, agents and volunteers
2000 Main Street
Huntington Beach CA 92648
name and logo are
POLICY NUMBER.- CPS1612503
COMMERCIAL GENERAL LIABILITY
CG20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
10
1. t• � 3 � �i •a t'_a
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Locations Of Covered Operations
The City of Huntington Beach, its officers, elected or
"Per Schedule"
appointed officials, employees, agents, and
volunteers
Attn:
200 Main Street
Huntington Beach, CA 92648
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
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury'
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law, and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 0413
CERTIFICATE OF LIABILITY INSURANCE
�-� 11 / 1 /2013
DATE (MM/DDlYYYY)
10131 /2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Lockton an Com tes, LLC
P
3280 Peachtree Road NE, Suite 900
Atlanla GA 30305
(404) 460-36M
CONTACT
NAME:
PHONE FAX
E A)C No:
E�MAII
ADDRESS: _
INSURERS AFFORDING COVERAGE
NAIL k -
INSURERA:BerkshirC Hathaway Hotnestate Ins Co
20044
INSURED American Promotional Events, Inc.
INSURERB:
1855
INSURER C : Continenlal Divide Insurance Company
35939
1359084 DBA TNT Fireworks, Inc,
INSURER D :
555 North Gilbert Avenue
Fullerton CA 92833
INSURER E :
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONOITtONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSIR LTR
TYPE OF INSURANCE
AD
SUBR
WV
POLICYNUMBER
POLICY EFF
MNVDDffYYY
POLICY EXP
IY MWDDYYY
LIMITS
-GENERAL LIABILITY
NOT APPLICABLE
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ XXXXXXX
COMMERCIAL GENERA4,LIABILITY
. CLAIMS -MADE l - OCCUR
MED EXP (Any one ersen
PERSONAL & ADV INJURY
$ xXx](xxx
GENERAL AGGREGATE
$ XXXXXXX
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMPIOP AGG
S XXXXXXX
S
POLICY PRO- LOC
JECT
AUTOMOBILE
LIABILITY
NOT APPLICABLE
COMBINED(Ea accident)
$ X) XXXXX
BODILY INJURY (Per person)
$ XXXXXXX
ANY AUTO
BODILY INJURY Per accident
$ XXXXXXX
ALL OWNED SCHEDULED
AUTOS AUTDS
PROPERTY DAMAGE
$XXXXXXX
NON -OWNED
H IREDAUTOS AUTOS
$XXXXXXX
UMBRELLA LIAB
OCCUR
NOT APPLICABLE
EACH OCCURRENCE
$ XXXXXXX
EXCESS LIAR
CLAIMS -MADE
AGGREGATE
$ xxxxxxx
OEO RETENTIONS
$ xxxxxx
A
B
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABIIJTY
ANY PROPRIETORIPARTNER)EXECUTIVE Y)N
OFFICERIMEMBEREXCLUDED? 7
[Mandatory In NH)
NIA
ALW001224 (AOS)
33WO62915-121 (CA)
ORWO01321 (OR)
11/1/2012
11/1/2012
II/I/20t2
11/1/2013
Il/1/2013
111L2013
W -
X TORY LIMITS ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
describe under
DESCR P iON OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
APPROVED AS TO FORA
City Atte'"t e;,
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.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 4co--9/-`8-r)o10 CORD RPORATION All rights reserved
Resolution No. 200"3
I certify that no vehicle(s) will be used or operated in the performance of the
task(s) or event(s) for which this permit is granted.
I authorize the City of Huntington Beach to immediately and retroactively revoke
the license or permit issued in connection with or in the performance of said tasks)
or event(s) if any vehicle(s) is used.
Signature of
Print name
Company nacre (if
(Date signed %\A 2 0 l
Rod
1"07 EXHIBIT I
City ®f Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
June 3, 2013
American Promotional Events, Inc.
Attn: John Kelly
555 North Gilbert Street
Fullerton, CA 92833
Dear Mr. Kelly:
Enclosed for your records is a copy of "Service Agreement Between the City of Huntington
Beah and American Promotional Events, Inc. for Firework Sales in the City of Huntington
Beach."
JF:pe
Enclosure
G:f611owup:agrmt1tr
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand