Loading...
TNT Fireworks - 2016 Agremeent;tip E�` �,. UUA I KAU I AUK1i.K1V1Li N 1 I IN 1 11 1KLi W VKKb - Southern California: 555 N. Gilbert St., Fullerton, CA 92833 1- 800/585 -9487 Northern California: 8151 Power Ridge Rd., Sacramento, CA 95826 1- 8001905.8594 Central California: 2945 S. Elm Ave., Fresno, CA 93706 1- 800246 -9630 Las Vegas, Nevada: 720 W. Cheyenne Ave., Ste. 50, No. Las Vegas, NV 89030 1- 702/453 -7750 Date: Program: TNT MEWORK5 Account Name: GILROY ADP.FITPE RECREAnoN RN_IIr:ei" F, uaDINor ��rtufwle : 91I X171 Fire Waiver: 3 % Liability: — % Account No: Location Name: 696079 E vi;kw Discount: — flA % Location No: X3LK1206 TOWN PLACE CENTER * Address: 777 FIRST STE= City, State, Zip: nTf Roy own Intersection: E -Mail: — Telephone: (C) Co- Chair: — Address: — City, State, Zip: — Telephone: (C) CATHY. MIREL 74CITYOFGILROY.ORG (HLROY 95020 City, State, Zip: (N) 408- 846 -0448 (H) (W) Sales Period: Sales Assoc.: James Assoc. No.: 535 E -Mail: smithi2tntfireworks.com (H) The Account agrees to participate in the TNT credit card program using _ Upittinal(s) with an estimated rental of $ — 2SO.Og, per terminal and an estimated processing fee 3% of all credit card sales. Credit Card Agreement to follow. (initial) ESTIMATED EXPENSES: v 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 m listed above. However, agreements with property owners may cause the stalill llication and/or the location rental cost for Account to change. Account understands that the stand location and/or location rental cost is subject to change. ) 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: 1. 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 law than July 9th. A Late Return Fee of $50.00 will be charged for any merchandise returned after July 9th. 5. Account Is respomible for obtaining a Sales Tax Permit where requIM0,01ecting and paying the required rues. Account will also provide AMERICAN with the to rc registration number prior to shipment of mehandise. Initlall 6. Account shall be solely responsible for the maintenance and spP;An­"_4Tthe selling site throughout the selling period and shall remove all Utter and possessions prior to the end of the selling season. Failure to ompl 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. 7. Account shall be responsible for performing ern 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% OFTHE OUTSTANDING BALANCE WILL BE CHARGED IF ACCOUNT HAS NOT PAID THE INITIAL INVOICE BY JULY 51h. The balance owing to AMERICAN is due within 10 days of date of etatemeoL If a ce due from Account is placed in the bands of an attorney for collection, reasonable attorney fees and court costs will be added to the balm: due. ) 9. This contract is contingent u t Zug 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 AM ERIC may recover. 11. This con et is the entir ement between CAN and Account and supersedes any verbal agreements. Any modification of this contact must be in writing and signed b AMERICAN d Ac unt nitial) THIS 0 ALID NED BY A REPRESENTATIVE OF AMERICAN AND APPROVED BY THE HOME OFFICE. --�"t, Z /std / AMERIC Cf es Associate Date Authorized Agera ft; aotimt 2; — Date Gabriel Gonzalez CAN Home Office Rep. Date Audonsed6Aost forAccomd, -Plea Rion Nate By signing this corr'rac acknowledge that I am authorized by the Account to sign this Agreement for the Aneworks season listed above. Original - Office Yellow-Customer Pink - Sales Associate Gran - House File Account Name Gilroy Adaptive Recreation Acct# 696079 Lac# XXX 1206 Contact Name Cathy Mirelez Location Name & Address Towne Place Center, 777 First St Email Address cathvm(@ci.9,ilroY.ca.us Cell No. 408- 710 -7795 City, St Zip Gilroy, CA, 95020 Preferred Equipment/Program and Quantity: Credit Card Terminal Mobile Device Reader I -Pad Payfox combo X Equipment Activation Date 6/20/16 Equipment De- Activation Date 7/10/16 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 verity that It functions correctly. Customer agrees to immediately report any problems or shortages with the Equipment. if the Customer falls 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 renal and processing of credit cards. Customer has the right to cancel this agreement by notifying TNT no later than November /May 1S"' 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 accounts balance Is 3.0D% 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 act. 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 renal fee for each credit card terminal and related components, also with radio activation fee is $ 20.00 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 12e of the current season. Customer agrees to provide TNT through its own mean, consumer signed credit card receipts and dally batch apes to a designated TNT representative. Receipts and batch apes 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 ape 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 121° of the current season. a 10% fee based on the total value of the receipts returned shall be charged to the Customefs account not to exceed S150.00 TNT Mobile Device Reader Programs: I -Pad PayFox combo $180.00-L Wm The Customer hereby agrees to process credit card transactions rom idle /CC.stomers cell phone or other mobile device. The Customer shall provide the cell phone or other mobile device to be used at no cost or liability to TNT Fireworks, includin& 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 12"' 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. After 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 herex� 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 falls 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 Lauderdale, Sate of Alabama without regard . to choice of law rules. 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 anytime for any reason without notice to the other party. This agreement 0 valid only wjQn accepted by TNTs Corporate Office. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed Customer Signature r� 11' �[ \ TNT Rep Print Name Lx'i3f Ill ET. C[`i 1ZCl Zz ACORO® CERTIFICATE OF LIABILITY INSURANCE llh.ssi 11/1/2016 DA�(MfVDD""") 1 11/1/2015 ' THISi CERTWICATE 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 hs an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions Of the policy, certain pollcles may require an endorsemrint. A statement on this Certificate does not Confer rights to the certificate holder, in lieu of such endorsement(s). PRODUCER Lockton Companies ''NAME; POUCYEXP MMI00 3280 Peachtree Road NE, Suite #250 Atlanta GA 30305 (404)460.3600 PHONE FAX ac No EIAAIL ADDRESS: TCOMMEARCIALorNERALLIABILITY MS-MADE FXIOCCUR Y INSURERS AFFORDING COVERAGE NAIL# INSURER A: E verestIndemnity Insurance Com party 10851 II /12015 INSURED American Promotional' Events, Inc. 13596_9 DBA TNT Fireworks, Inc. INSURER B: INSURER C: 555 North Gilbert Avenue Fullerton CA 92833 INSURER 0: INNSURERE: INSURER F: I' COVERAGES CERTIFICATE NUMBER: 123.167R2 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 B_ EEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POUCY NUMBER POLICY EP MWO POUCYEXP MMI00 LIMITS A TCOMMEARCIALorNERALLIABILITY MS-MADE FXIOCCUR Y N 518GL00242 -151 II /12015 11/12016 EACH OCCURRENCE $ 1000000 PREMISES (Ea occurrsnes) 'S 500,000 MED EXP ()ny one parson) S 5,000 PERSONAL E ADV INJURY $ 1 000 000 GEN'L AGGREGATE UMIT APPLIES PER GENERALAGGREGATE $ 2.000.000 POLICY PRO JECT LOC PRODUCTS- COMP/OP AGO- S 2.000.000 S OTHER' AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLELIMIT e amMen E XXXXXXX BODILY INJURY(Parpmson) E XXXXXXX ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 'BODILY INJURY(P. Nastlam) S XXXXXXX NONOWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Par amdenN f XXXXXXX S XXXXXXX UM MR LM OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE S XXXXXXX EXCESS Li CLAIMS -MADE DED'I I RETENTIONS $ XXXXXXX WORKERS COMPENSATION AND EMPLOYERS' UARILM ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERAIEMSER EXCLUDED? N/A NOT APPLICABLE STATUTE ERH E.L. EACH ACCIDENT S XXXXXXX_ - - -- E.L_DISFASE -EA EMPLOYEE - - — El DISEASE � POLICY LIMIT (MOndataglaNH) II yes, deudbe under DESCRIPTION OF OPERATIONS below E XXXXXXx -- S XXXXXXX DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Seh"We, may he attached If mom apace Is required) 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 Department / Gilroy Adaptive Recreation / The City ofGi[toy and/or volunteers / The above listed art Additional Insured with respect to the General Liabil ity Policy as required by wntten contract subject to policy Kona, 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. 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 INSURED - 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 8 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 C. The Limits of Insurance afforded to an additional include as an additional insured the person or insured shall be the lesser of the following: organization shown in the Schedule but only with 1. The Limits of Insurance required by the writ - respect to liability arising out of the ownership, ten agreement between the parties; or maintenance or use of that part of the premises leased to you and shown in the Schedule and 2. The Limits of Insurance provided by this subject to the following additional exclusions: Coverage.Part. B. The insurance afforded to an additional insured D. With respect to the insurance afforded to an shall only include the insurance required by the additional insured, the following additional exclu- terms of the written agreement and shall not be sions apply: broader than the coverage provided within the T.his,insurance does not apply to: terms of the Coverage Part. 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 60105 09 Copyright, Everest Reinsurance Company 2009 Page 1 of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc., used with its permission.