TNT Fireworks - 2015 Agreement3/2015
CONTRACT AGREEMENT TNT FIREWORKS"
Southern California: 555 N. Gilbert St., Fullerton, CA 92833 1- 800/585 -9487
Northern California: 8151 Power Ridge Rd., Sacramento, CA 95826 1- 800/905 -8594
Central California: 2945 S. Elm Ave., Fresno, CA 93706 1- 800/246 -9630
Las Vegas, Nevada: 720 W. Cheyenne Ave., Ste. 50, No. Las Vegas, NV 89030 1- 702/453 -7750
TNT FIREWORKS
Date:
Program:
Gilroy Adaptive Recreation
Account Name:
Cathy Mirelez
Chair:
7351 Rosanna St
Address:
Gilroy, CA 95020
City, State, Zip:
Cathy. Mirelez@ci.gilroy.ca.us
E -Mail:
Telephone: (C)
Susan Voss
Co-Chair:
Fire 3 3
Waiver: % Liability:
696079
E L
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l Fl
% Discount: %
XXX120(
Account No: Location No:
Town Place Center
Location Name:
777 First St
'k Address:
Intersection:
City, State, Zip: Gilroy, CA
408 - 846 -0448
(W) (H)
J U LY 2015
Sales Period:
7351 Rosanna St
Address: Sales Assoc.:
Gilroy, CA 95020
City, State, Zip: E -Mail:
James Smith
Assoc. No.:
Susan.Voss @ci.gilroy.ca.us
53`
Telephone: (C) (W) (H)
The Account agrees to participate in the TNT credit card program usinJ terminal(s) with an estimated rental of A. 250' p0r
terminal and an estimated processing fee UU % of all credit card sales. Credit Card Agreement to follow---
ESTIMATED
EXPENSES:
American Promotional Events, Inc. will attempt to provide Account with the stand location listed above. American Promotional Events, Inc. will also attempt to
maintain the same cost for location rental as listed above. However, agreements with property owners may c W t1W stand location and/or the location rental cost
for Account to change. Account understands that the stand location and/or location rental cost is subject to chan (initial)
AMERICAN PROMOTIONAL EVENTS, INC. (HEREAFTER, "AMERICAN"), AGREES TO PROVIDE ACCOUNT WITH THE FOLLOWING SERVICES:
1. Maintain adequate warehouse of highest quality fireworks that existing facilities and conditions permit, maintain supply point to provide orders and reorders, and have
available sales aids and signs.
2. Assist if necessary in securing licenses, permits, etc., provide liability insurance as a percentage of invoice. No insurance refunded on return of merchandise.
3. Provide a waiver of the cost of any merchandise in Account's possession lost due to fire. The cost of the fire waiver will be charged as a percentage of invoice. Fire waiver
cost is not refundable on returns.
4. Allow Account to return on or before July 9th, all unsold/unmarked merchandise in full unit quantities. Assortments are returnable individually for full credit.
BY SIGNING THIS CONTRACT ACCOUNT AGREES TO THE FOLLOWING:
I . Account will purchase their entire supply of (UN0336) Consumer Fireworks from AMERICAN for the selling season as specified. Account understands that retailing
products from other suppliers will void the insurance coverage provided.
2. Account will protect the merchandise from damage (such as water damage) and theft for the time that it is in its possession. This is for Account's protection as it is
responsible for merchandise from the time it is delivered until it is returned to AMERICAN and signed for.
3. Account shall abide by all state and local ordinances, laws and regulations governing the sale of fireworks and the operation of its stand.
4. Account will inventory and pack carefully all goods that are allowed to be returned for credit, and return them to AMERICAN no later than July 9th.
A Late Return Fee of $50.00 will be charged for any merchandise returned after July 9th.
5. Account is responsible for obtaining a Sales Tax Permit where reed, collecting and paying the required taxes. Account will also provide AMERICAN with
the tax registration number prior to shipment of merchandise. � (initial)
6. Account shall be solely responsible for the maintenance and appearance of the selling site throughout the selling period and shall remove all litter and possessions
prior to the end of the selling season. Failur&ocomply with this provision could result in Account being charged a removal fee of $200.00 and possibly the loss
of any bond from the local authority. 4W (initial)
7. Account shall be responsible for performing under any performance bond posted by AMERICAN for Account as required by local authority.
8. Account shall pay the full invoice amount covering the initial order to AMERICAN no later than July 5th. A LATE PAYMENT FEE OF 2% OF THE OUTSTANDING
BALANCE WILL BE CHARGED IF ACCOUNT HAS NOT PAID THE INITIAL INVOICE BY JULY 5th. The balance owing to AMERICAN is due within
10 days of date of statement. If glance due from Account is placed in the hands of an attorney for collection, reasonable attorney fees and court costs will be
added to the balance due (initial)
9. This contract is contingent upon A count having all past due balances in good standing by August 15th of the year preceding the sales period.
10. Account shall pay AMERICAN all city /county filing fees and full location rental fee if Account fails to perform under this contract, in addition to any other expenses
AMERICAN may recover.
11. This contract is the entire agree nt en AMERICAN and Account and supersed verbal agreements. Any modification of this contact must be in writing and
signed b AMERICAN an Ac u t (initial)
CON T ID SIGNED BY A REPRESENTA ICAN AND APPROVED BY THE HOME OFFICE.
r
S 2+
S eA Uhl a Date Authorized A ent for Account Date
Twynn a
Home Office Rep. Date Authorized Agent for Account - Please Print Name
By signing this contr cknowledge that I am authorized by the Account to sign this Agreement for the fireworks season listed above.
Original - Office Yellow - Customer Pink - Sales Associate Green - House File
Account Name Gilroy Adaptive Recreation Acct# 696079 Loc# XXX1206
Contact Name �° Location Name & Address Towne Place Center, 777 First St.
Email Address r Cell No. z+e Ze --ME City, St Zip
Preferred Equipment/Program and Quantity:
Credit Card Terminal X Mobile Device Reader I -Pad Payfox combo
Equipment Activation Date 06/20/15 Equipment De- Activation Date 07/10/15
This Agreement between American Promotional Events, Inc., (hereafter referred to as "TNT ") and the account listed above, (hereinafter referred to as "Customer"). The
Customer understands that TNT may reject or terminate this agreement at any time without notice. By entering into this agreement, the Customer is obligated to perform
under its Terms & Conditions. Further, the Customer is obligated to abide by all applicable laws and regulations pertaining to the acceptance of credit cards as an instrument of
payment for goods and services. The terms of this agreement shall be for the current selling season. This agreement overrides any previous agreement for the current selling
season.
Terms & Conditions of TNT Credit Card Programs:
Customer agrees to protect from theft, loss or damage to any and all credit card Equipment which includes machines and readers also with any related components
provided under this agreement. Upon receipt of the Equipment the customer shall inspect and test it to verify that it functions correctly. Customer agrees to immediately
report any problems or shortages with the Equipment. If the Customer fails to reports any problems with the Equipment, the problems are deemed the responsibility of the
Customer. Loss or damage to the Equipment may result in a charge to the Customer's account based upon the replacement value of the lost or damaged Equipment.
Customer agrees to the following fees and charges assigned to the Equipment rental and processing of credit cards. Customer has the right to cancel this agreement by
notifying TNT no later than November /May 15th of the current season without incurring applicable charges. TNT Fireworks does not insure that cell service will be available
in the area of the sales location where the Equipment is used. The fee for credit card processing and management of account's balance is 3.00% of all credit card sales.
Customer understands and agrees that the funds from all credit card sales generated at its retail location shall be deposited, monitored and held separate by TNT's financial
institution. Upon completion of the selling season and proper and timely return of the equipment and all receipts, TNT will apply funds deposited from Customer's sales as a
credit towards the Customer's open balance. Customer shall not charge any additional fees to purchasers of TNT's product if payment is made by credit card. Customer
agrees to familiarize itself with, understand, and practice the proper credit card procedures as described by the Equipment provider. Any deviation, unauthorized by TNT
Fireworks of the procedures by the Customer could result in an irreconcilable balance, deputed fees, and /or bank chargeback's of purchases leaving the Customer subject to
non - crediting of certain funds and /or obligation to repay TNT for attributed losses after the fact. TNT, in conjunction with the credit card processing company, will make
every attempt to provide the Customer with satisfactory and reliable service in the area of the retail location. TNT and the credit card processing company are not
responsible to Customer for any business transactions or financial losses in any form whatsoever due to any mechanical deficiencies, loss of wireless providers, loss of
wireless transmission, loss of hardline providers, loss of electricity or errors beyond the control of TNT and the credit card company that may occur during the selling period.
TNT Credit Card Terminal Program:
The rental fee for each credit card terminal and related components, also with radio activation fee is $ 250.00 per terminal. Customer is required to have electricity
available to power the Equipment. A late fee of $150.00 shall be charged to the account if the Equipment is returned to TNT Fireworks after January/July 12th of the current
season. Customer agrees to provide TNT through its own mean, consumer signed credit card receipts and daily batch tapes to a designated TNT representative. Receipts
and batch tapes must be presented in a complete and reconciled manner in the provide receipts envelope in order to apply the appropriate credit towards the Customer's
open balance. All batches must contain all receipts that in total equals the batch tape total. Credit cannot be applied to Customer's balance until the receipts required by
TNT are received and audited. At the Return Center, credit shall only be given for the signed receipts presented by the Customer. If the signed merchant receipts are
returned to TNT Fireworks after January /July 12th of the current season. a 10% fee based on the total value of the receipts returned shall be charged to the Customer's
account not to exceed $150.00
TNT Mobile Device Reader Programs: I -Pad PayFox combo $180.00 initial
The Customer hereby agrees to process credit card transactions from the Customer's cell phone or other mobile device. The Customer shall provide it a cell phone or other
mobile device to be used at no cost or liability to TNT Fireworks, including, without limitation any applicable fees charged by the cellular service provider to the Customer
and any fees for transmitting data. TNT Fireworks shall provide readers to the account for a rental fee of $20.00 for each reader. The customer shall also be billed for a
$50.00 deposit against loss or damage of the reader. The Customer will be credited for the deposit upon the return of the reader to TNT by January/July 12th of the current
season.
In order to remain compliant under Payment Card Industry Data Secure Standards, the Customer shall maintain the credit card terminal(s) and signed receipts in a secure
manner while in operation. Af hours, the Customer will remove both the credit card terminal(s) and signed receipts from the retail outlet and lock them in a secure area.
(Customer please initial here: )
This Agreement shall be binding as long as the Customer continues to operate; provided, however, in the event rates, fees, or other terms and conditions of the master Credit
Card Agreement between TNT and its carrier are re- negotiated and such re- negotiation is reduced to writing; or if Customer breaches this contract or fails to perform
substantially as required herein, TNT shall have the right to void this contract at any time for any reason. Customer agrees and waives any rights to a change of venue and to
change of law, that this Agreement shall be governed by, and construed and enforced in accordance with the laws of the County of Lander4a#e, State of ithout regard
to choice of law rules. j
Co x CSC C° Q � '
I have read, understand and agree to each term of this Agreement. By signing this Agreement I acknowledge that I am authorized by the account to sign this agreement and that
this is a binding agreement between the parties listed. Failure to perform all aspects of this agreement will be considered a breach or a default. TNT reserves the right to reject
or terminate this Agreement at any time for any reason without notice to the other party. This agreem nt is valid only w accepted by TNT's Corporate Office.
IN WITNESS WHEREOF a partie hereto have caused this Agreement to be executed by their author ed represent ive .
Customer Signature
�1�`�� Q� TNT Rep Signature
Print Name `'�tb "'�"� "s- Print Name James Smith
'C"'itp of Offs op
7351 Rosanna Street
Gilroy, California
95020 -6197
Review information for accuracy. ff changes are made,
return this form to above address.
TNT FIREWORKS / AMERICANN PROMOTIONAL
8151 POWER RIDGE RD
SACRAMENTO, CA 95826
Business Information
305 OBATA WAY
GILROY , CA 95020
(916) 387 -2626
Business License Phone (408) 846 -0420
Business License Fax (408) 846 -0421
Dec 04, 2014
Business ID# 13297
License # 15873
Category ID SERV
Units 1.00
O-.tner Information
TNT FIREWORKS /AMERICAN
PROMOTIONAL
Please detach license at this pert — and past it in a conspicuous place.
ail �
LicenseExpiration Date 06/30/20
TNT FIREWORKS /AMERICAN PROMOTIONAL
305 OBATA WAY
GILROY , CA 95020
.TNT FIREWORKS /AMERICAN PROMOTIONAL
If you have anyquestions, regarding this Iicense, please call (408) 846 -0420.
In coriforrhity with the ordinance
of the City.of Gilroy. .
NOTE: Licenses are due and payable July Istand
January tst;,unless otherwise provided by Ordinance.
.i?6yrnents 'received '30 days after expiration date will be
subject to a. penalty of 2510 the first month and an
additional penalty of 10% each month thereafter.
Post + i ense ir. Conspicuous spicuous Plane.
THIS LICENSE IS NOT TRANSFERABLE.
Issue Date
Business ID#
License #.
Category ID .
07/01/2014
13297
15873
SERV
This license is issued without
verification that the License is
subject to an. exemption from
licensing by the State. SS -1558.
071020
A�REP CERTIFICATE OF LIABILITY INSURANCE 1lni2ols
G1t23�2� ols n
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 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 Companies
eDNrne
PHONE
N:
3280 Peachtree Road NE, Suite #250
Atlanta GA 30305
(404) 460-3600
E-MAIL
ADDRESS:
.INSURER AFFORDING COVERAGE
NAIL p
INSURER A: Everest Indemnity Insurance Company
10851
1111!2014
INSURED American Promotional Events, Inc.
1359629 DBA TNT Fireworks, "Inc.
INSURER 8: --
INSURER C :
PREbt SES (Ea oxurrencb )
INSURER D
MEDEXP -An ona- n
555 North Gilbert Avenue
Fullerton CA 92833
INSURER E:
.INSURER F:
COVERAGES CERTIFICATE NUMBER: 111167R2 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
ADDL
SUalt
POLICY NUMBER
POLICY EFF
MM/DWYYYY
POLICY EXP
MWDo1YYYY
O
A
X
COMM ERCIAL GENE RALLIABILITY
CLAIMS -MADE FX OCCUR
y
N
SISGL0g242 -141
1111!2014
11/1/201
PREbt SES (Ea oxurrencb )
S 500,000
MEDEXP -An ona- n
Is
& ADV INJURY
S 1,0,00,om
GEN'L
AGGREGATE LIMIT APPLIES PER;
GENERAL AGGREGATE _
$
POLICY PRO -
�.JECT LOC
PRODUCTS- COMPA)PAGG
S
OTHER:
AUTOMOBILE
LIABILITY
NOT APPLICABLE
(Ea accident) "
S XXXXXXX
BODILY INJURY (Per person)
S XX
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
80011Y INJURY (Far accident)
S XXXXXXX
PROPERTY DAMAGE
$XXXX
NON -OWNED
HIRED AUTOS AUTOS
s )MM) X
UMBRELLA LIM
OCCUR
NOT APPLICABLE
EACH OCCURRENCE
S J{}(}(}(XXX
EXCESS LIAR
CLAIMS-MADE
AGGREGATE
S
DED RETENTION s
S XXXX
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
OFFICERIMEMBER EXCLUDED?
(Mandatwy in NH)
NIA
NOT APPLICABLE
-
H_
STATUTE 'ER
E.L. EACH ACCIDENT
S 1�
E.L. DISEASE - EA EMPLOYE
$ }L,}(7{XXX
if yes, describe uritler
DESCRIPTION UO OPERATIONS below
I
E.L. DISEASE - POLICY LIMIT
S XXXXXXX
DESCRIPTION OF OPERATIONS 1 LOCATIONS ! VEHICLES (ACORD 10I, Additional Remarks Schedule, may be attached it coma space Is required)
THIS CERTIFICATE SUPERSEDES ALI.'PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLD M- APPLICABLE TO THE CARRIERS LISTED AND THL POLICY TMU(S) REPERENCFD.
Additional Insured: The parking lot located at The Town Place Center. 777 First Street, Gilroy, CA 95020 (Loc# XXX 1206). The City of Gilroy Recreation
DepamT=t J Gilroy Adaptive Recreation / The City of Gilroy and'or volunteers 1 The above listed are Additional Insured with respect to the General Liability
Policy as required by written contract subject to policy terms, conditions and exclusions.
12316782
The City of Gilroy
7351 Rosanna Street
Gilroy CA 95020
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE, WITH THE POLICY PROVISIONS.
ritthts reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: S18GL00242 -141 COMMERCIAL GENERAL LIABILITY
ECG 20 601 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURE_ D - MANAGERS OR LESSORS OF
PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization (Additional Insured): The City of Gilroy, its officers, officials & employees
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.
Designation of Premises (Part Leased to You):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A.. Section II — Who Is-An Insured is amended to
include as an additional insured the person or
organization shown in the Schedule but only with
respect to liability arising out of the ownership,
maintenance or use of that part of the premises
leased to you and shown in the Schedule and
subject to the following additional exclusions:
B. The insurance afforded to an additional insured
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.
C. The Limits of Insurance afforded to an additional
insured shall be the lesser of the following:,
1. The Limits of Insurance required by the writ-
ten agreement between the parties; or
2. The Limits of Insurance provided by this
Coverage Part.
D. With respect to the insurance afforded to an
additional insured, the following additional exclu-
sions apply:
This insurance does not apply to:
1. Any "occurrence" which takes place after you
cease to be a tenant in that premises.
2. Structural alterations, new construction or
demolition operations performed by or on be-
half of the person or organization shown in
the Schedule.
ECG 20 601 05 09 , Copyright, Everest Reinsurance Company 2009 Page 1 of 1 ❑
Includes copyrighted material of Insurance Services Office, Inc., used
with its permission.
goo]
ACKNOWLEDGEMENT OF RECEIPT
I acknowledge that I have received a copy of the countersigned
fireworks supply contract entered into between TNT Fireworks and the non-
profit organization listed below for the 2015 fireworks season(s).
Signature
Name (Print)
Date
Title /Office
Gilroy daptive Recreation
Non -Profit Organization
CITY OF GILROY
7351 ROSANNA STREET
GILROY. CA 95020
www.cityofgilroy:org
CITY OF GILROI - UTILITY
7351 ROSANNA 7
GILROY, CA 95020
04/15/2015
MID: 000000003740842
CREDIT CARD
VISA SALE
FINANCE DEPARTMENT I Ex
1
ELVA GARCIA
ACCOUNTING ASSISTANT
*0000000000(9668
0012
0010
001628
057614
Swiped
Online
$0.00
CUSTOMER COPY
: 8012605D1593899
TELEPHONE 408 846-0420 ,. .
FACSIMILE (408) 846 -0421
elva.garcia @cityofgilroy.org