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Home My WebLink About20112209.tiff r AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made by and between the County of Weld, State of Colorado,whose address is 915 10th Street, Greeley, Colorado, 80631 ("County"), and Garda Cash Logistics whose address is 5010 Paris Street, Denver,CO 80239, ("Contractor"). WHEREAS, County desires to retain Contractor as an independent contractor to perform services as more particularly set forth below; and WHEREAS, Contractor has the time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. NOW THEREFORE,in consideration of the mutual promises and covenants contained herein,the parties hereto agree as follows: 1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Term. The term of this Agreement shall be from October I,2011,through and until September 30, 2013, with option of renewal of up to three additional years at the discretion of Weld County Board of Commissioners. 3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in Exhibit A and B, County's Request for Bid#B1100118, Contractor's Bid,both of which are attached hereto and incorporated herein. 4. Compensation. a. County agrees to pay Contractor for services performed as set forth on Exhibit A at the rate of$15.65 per pickup plus fuel surcharge as stated. b. Mileage-may not be charged to and from any required job site. Contractor shall not be paid any other expenses unless set forth in this Agreement. c. Payment to Contractor will be made only upon presentation of a proper claim by Contractor, itemizing services performed and mileage expense incurred. 5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of the work to be performed,and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties 1 .2e.o i t_ �t �J o 1 12 Z c iD -- d�1 Z'// c c , ()Oh VIA eac,,1-ki�. C�s1� 2 9 to i‘ F= IT 00G13 and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Contractor shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of County,nor is Contractor entitled to any employee benefits from County as a result of the execution of this Agreement. 7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. 8. Reports County Property. All reports,test results and all other tangible materials produced in connection with the performance of this Agreement,whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 9. Acceptance of Product not a Waiver. Acceptance by County of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the work. Acceptance by the County of,or payment for, any services performed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 10. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents, from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance at Contractor's own cost and expense. 11. Termination. Either party may terminate this Agreement at any time by providing the other party with a 30 day written notice thereof. Furthermore,this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. In the event of an early termination, Contractor shall be paid for work performed up to the time of notice and County shall be entitled the use of all material generated pursuant to this Agreement. 2 12. Non-Assignment. Contractor may not assign or transfer this Agreement,any interest therein or claim thereunder,without the prior written approval of County. 13. Access to Records. County shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 14. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 15. Interruptions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires,strikes, war, flood, earthquakes or Governmental actions. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 17. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of County. 18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor represents,warrants, and agrees that it has verified that Contractor does not employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant,employs illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and Contractor may be held liable for damages. 20. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,representation, and understanding or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Funding Contingency. No portion of this Agreement shall be deemed to 3 create an obligation on the part of County to expend funds not otherwise appropriated or budgeted for. 22. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule,practice or action nominates,recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable,this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of-execution within the original intent of the parties. 24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year written below. CONTRACTOR By: Title: ATTEST: OARD OF COUNTY CLERK TO"1 E BOARD COMMISSIONERSOF WELD COUNTY i BY: A //.t j . `f�� '1i;1� BYu_ 4 ie( zz.( Deputy Cler to T :o `. 4y� oat Barbara Kirkm er airman F 361 tk 43113 OCT 2 4 2011 I riiv "sal VO' 4 , � r ,, BID REQUEST NO#81100118 LEx:h l bit P Page 6 Monica Mika Director of Finance&Administration 1150"O'Street P.O.Box 758 Greeley, CO 80632 Dear Monica: The undersigned, having become familiar with the specifications for an ARMORED CAR SERVICES FOR THE SOUTHEAST&SOUTHWEST COUNTY BLDGS, hereby proposes to sell and deliver to Weld County as set forth in the following schedule: QTY&#OF COST PER YEARLY LOCATION&ADDRESS PICKUPS PER MONTH PICKUP COST SURCHARGE /off Motor Vehicle Pickup everyday $ /J— p $x/30 $ /3 7� ync, Southeast Weld (2950 9th Street,Ft Lupton—80621) d//i 5 &/, 5 Motor Vehicle Pickup everyday $/5T $ {/30 $ /.3 Southwest Weld (4209 WCR#24'/,, Longmont—80504—I-25 and Hwy#119/Del Camino) 65a ,,v TOTAL FOR SOUTHEAST&SOUTHWEST WELD COUNTY OFFICES 6%U 4e$ 2 $,330 (THIS BID IS FOR BOTH LOCATIONS TOGETHER-NO PARTIAL BIDS WILL BE ACCEPTED) PICKUP LOCATION AVERAGE DEPOSIT HOW MANY BAGS? Motor Vehicle—Southeast Weld $500-10,000/week/Motor Vehicle 1 bag/day $300-500/week/Sheriffs 1 bag/week Motor Vehicle—Southwest Weld $500-10,000/week/Motor vehicle 1 bag/day $300-500/week/sheriffs 1 bag/week $10-$500/week/Clerk&Recorder 1 bag/week $10-$500/week/Health 1 bag/week REQUIREMENTS FOR BIDDERS: 1. Bidding Company must have Five(5)years of proven experience. 2. Bonded— Comprehensive General Liability- $1,000,000.00 per person/$3,000,000.00 per occurrence Medical/Professional Liability-$1,000,000.00 per person/$3,000,000.00 per occurrence Miscellaneous Errors and Omissions-$1,000,000.00 per person/$3,000,000.00 per occurrence Product Liability-$1,000,000.00 per person/$3,000,000.00 per occurrence Automotive Liability insurance covering all automotive units used in the accident as to bodily injury and $25,000.00 as to property damage to others—work with limits of not less than$100,000.00 each person/$300,000.00 each. 3. References must be provided. 4. Bags should be to ANY Wells Fargo bank by 3:00 pm each day 5. LENGTH OF CONTRACT: The contract will run from September 61°, 2011 to Aupust 31", 2013 with a renewal for three(3)additional years at the discretion of Weld County Government. 6. Either party may terminate this contract by written notice within 30 days prior to the anticipated date of termination. BID REQUEST NO#81100118 EXhlblt B Page 8 FUEL SURCHARGE: Fuel Surcharge Allowance Schedule Contract is based on a fuel rate of$3.00 per gallon. Per Mile Adjustment Lowest Fuel Variance Highest Fuel Variance OR percent added to base rate 3.01 3.06 L% °7:, 3.07 3.11 ( `�u _ 3.12 3.16 _ U '70 3.17 3.21 O `%u 3.22 3.26 O gyp 3.27 3.31 6 3.32 3.36 O 3.37 3.41 O ° , 3.42 3.46 C) `7; 3.47 3.51 / ajv 3.52 3.56 _ / 'j° 3.57 3.61 / 3.62 3.66 /70 3.67 3.71 / 4fo 3.72 3.76 s2,i‘7:2 3.77 3.81 "1/4' 3.82 3.86 �Z 3.87 3.91 S 3.92 3.96 2 `7a 3.97 4.01 0`fo . 4.02 4.06 `W 4.07 4.11 , 3 4.12 4.16 3%p 4.17 4.21 3 "o 4.22 4.26* Fuel Surcharge allowance begins at$3.01 and is capped at$4.26*a gallon. At this price level, temporary or permanent route changes may have to be implemented to maintain a budget maximum. . 8 6 . - Z o MEMORANDUM TO: BOCC DATE: August 26, 2011 W E L'i ' 0 N T Y FROM: Barb Connolly, Controller. SUBJECT: Bid B1100118 Armored Car Services The bids for armored services for South County location have been reviewed. The bid from Dunbar Armored Inc, does not meet specs. 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