HomeMy WebLinkAbout20021120.tiff RESOLUTION
RE: APPROVE ARMORED TRANSPORTATION AGREEMENT AND AUTHORIZE CHAIR
TO SIGN -AMERICAN SECURITY CORPORATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Armored Transportation Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and American Security Corporation, commencing upon full
execution of said agreement, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Armored Transportation Agreement between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and American Security Corporation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � ^ ,0
1�2t u t 1� �I
6� ,,j$' Glenn Vaad, Chair
Weld County Clerk to t ..tcf:
La EXCUSED DATE OF SIGNING (AYE)
f'vat I David E. L ng, Pro-Tem
BY:
Deputy Clerk to the Bo f ' * eusi
M. J. eile
APP ED AS TO F
Ih m H. Jerke
n orn 1\,\,3
Robert D. Mas en
Date of signature: S/3
2002-1120
,4 : gee/ (C/aaa) BC0032
•
.
AMERICAN SECURITY CORPORATION
1717 UNIVERSITY AVENUE
ST.PAUL,MINNESOTA 55104
ARMORED TRANSPORTATION AGREEMENT
Etfei.tive May 1,2002,and in consideration of the covenants set forth below,American Security Corporation,1717 University Avenue,St.Paul,MN 55104,
hereinafter called"ASC",and Weld County Government,located at PO Box 758,Greeley,CO 80632,hereinafter called"CUSTOMER",agree as follows:
It is understood by both CUSTOMER and ASC that the terms"deposit"or"shipment"where used in this Agiwownt shall mean any single consignment of one or more
items of property from one shipper at one time at one address to one consignee at one destination address. It is further understood by both CUSTOMER and ASC that
the terms"reconstruct","reconstructable"and"reconstruction"where used in this A5wmun shall mean,or will refer to,taking action to recreate,for the purposes of
minimizing a loss,items such as but not limited to checks,bonds,Treasury Certificates or other similar items,in order to recoup part or all of the value of any lost
shipment or deposit.
Contract Doeameats
This document,together with all other documents incorporated by reference in this Agreement,contain all agreements and understandings between ASC and
CUSTOMER. No other representations or agreements are binding on either party.
II. Term
This Agreement shall be and remain in full force and effect for an initial 12 months.This Agreement shall continue to be and remain in full force and effect after the
initial I2 month term of this Agreement until the Agreement is terminated by either or both parties. Commencement of services acknowledges acceptance of all terms
and conditions of this contract.
If Customer terminates this Agreement prior to the end of the initial 12 months for any reason other than specifically documented deficiency in service,which has not
been corrected by ASC within 30 days after receipt of written notice of deficiency in service,then it is agreed that as liquidated damages and not as a penalty, Customer
shall pay ASC an amount equal to the total amount invoiced by ASC for the most recent full month of services rendered multiplied by 3. In other words,the damages
will approximate 3 months of service charges.
After the initial 12 month term of this Agwma,nt,either party shall have the right to terminate the Agreement without cause,by giving the other party 30 days prior
written notice of intention to terminate this Agreement.
A sliding scale fuel-related surcharge is imposed on all transportation service prices stated within this contract.The imposed fuel surcharge is in addition to any pre-
negotiated or subsequent price increases mutually agreed to by both parties.This rate is based on the average monthly gas price taken directly from ASC's fuel invoice
from Wright Express.Only gas purchased in MN,WI,MI and CO,using Wright Express,as method of payment will be considered to determine this rate.
Due to timing differences between when ASC must send out invoices and the time ASC receives the average monthly gas price from Wright Express,the fuel-related
surcharge will be based on the average monthly gas price from two months prior.The rate works as follows:
$1.0041.09=(0.5%)refund
S 1.1041.19=0.0%surcharge
81.20-S1.29=0.5%surcharge
This scale will continue to move up or down 0.5%as the average gas price moves up or down in increments of$0.10.
With the exception of the fuel-related surcharge,after the end of the initial 12 month term of this Agreement,ASC reserves the right to increase service charges at any
time,provided that ASC gives CUSTOMER notification thirty(30)days prior to the effective date of such an increase in charges.
III. ASC agrees
To call for,receipt and receive,at the CUSTOMER'S place of business or designated points,during business hours,properly sealed or locked deposits or shipments
consisting of money,negotiable instruments,securities,or other valuables and to deliver the same in like manner to a designated depository or consignee.
IV. CUSTOMER agrees
To pay MC fees as provided for in the Addendum attached. The schedule outlined shall be performed on ASC's regular routes,unless otherwise stipulated in
Addendum to Contract.
ASC shall have no obligation,duty or liability to any person,firm or entity other than CUSTOMER,it being the express intent of the parties that no provision hereof
shall inure to the benefit of any third party.
In case of loss,to notify ASC immediately diately upon knowledge of such loss,to furnish records of each item contained in the lost shipment and to cooperate with and assist
ASC in reconstructing any lost or damaged items. ASC is not responsible for losses unless CUSTOMER notifies ASC within 45 days after delivery to ASC of the
property in connection with which the claim is asserted. Notification must be in writing to the ASC Director of Internal Security,527 Aldine Street,St.Paul,MN
55104.
V. Inde®aifleaton
ASCs maximum liability for the loss of any shipment or deposit shall not exceed$50,000.00,or the declared value of said shipment,whichever is less. ASC's
maximum liability for the loss of reconstructable checks and/or any other reconstructable items shall not exceed the declared value of said reconstructable checks and/or
reconstructable items,whichever is less.
The responsibility of ASC shall commence when said deposits or shipments have been properly locked and/or sealed and delivered into its possession and said
responsibility shall terminate when said deposits or shipments have been delivered into the possession of the said designated depository or consignee and further,that the
delivery of the deposits or shipments with lock or seal intact shall be evidence of safe delivery and ASC shall have no liability for any claims for shortage or contents of
any package or container,unless the package or container has been broken into while in the custody of ASC. It is the sole responsibility of the CUSTOMER to properly
seal or lock shipment bags and/or containers prior to delivery into the possession of ASC. ASC shall not be liable for shortages or losses due to,or presumed to be due
to,the failure of the CUSTOMER to lock and/or seal shipment bags and/or containers giving rise to claims for alleged differences in the amount said to have been
contained and the amount actually received by the consignee. Customer agrees to use tamper evident,bar-coded,serialized,disposable plastic deposit bags.
CONFIDENTIAL
This material contains confidential information and trade secrets and the release or duplication of this material is not permitted except by written authorization of
AMERICAN SECURITY CORPORATION. Revised 4 April 2001
2002-1120
Weld County Government-Anno d Transportation Agreement—Page 2
Notwithstanding any other provisions in this Agreement,it is agreed that ASC shall not be liable for any loss caused by or resulting from shortages claimed in the
contents of the sealed or locked shipments.
No waiver by ASC or CUSTOMER of any breach of any provision herein shall constitute a waiver of any other breach or of such provision.
VL Imo!
CUSTOMER agrees in case of loss to make all reasonable efforts to reconstruct any reconstructable items.ASC agrees to pay reasonable cost for reconstruction of any
said items up to the actual value of said items. In the event of reconstruction,ASC will reimburse CUSTOMER for actual costs of reconstruction or amount of
reconstructable items lost,not to exceed face value of said items or declared value of said shipment,due to inability to reconstruct,whichever is less.ASC shall not be
liable for any reconstructable items that CUSTOMER does not make all reasonable efforts to reconstruct.
ASC will reimburse CUSTOMER for the total of the loss or losses,less any amount recovered as a result of reconstruction or other means,plus the costs of
reconstruction,not to exceed the amount indicated in Addendum to Contract or declared value of said loss,whichever is less.In no instances shall CUSTOMER be
reimbursed a combined total in excess of the declared value of any loss.
ASC reserves the right to charge CUSTOMER a fee of$50.00 per hour for any time spent researching any loss or alleged loss that is found to be the fault of
CUSTOMER or CUSTOMER's agent,affiliate,sub-contractor,or like relation.
VII. Iuseraace
ASC represents that it is insured by a responsible insurance company,to the extent provided in V. hereof and subject to the terms of III.,IV.,V.,VI.,against loss
occurring while the valuables contained in said sealed packages are in its care,and it is a condition of this Aem.,.hwnt that ASC will maintain said insurance, or
insurance of the same character,at all times during the life of this contract.
VIII. Force Madam
ASC shall not be liable for nonperformance or delays not caused by its fault or neglect,nor for nonperformance or delay caused by strikes,riots,war,insurrections,
floods,fires or other acts of God or the Public Enemy,or other means beyond its control. ASC will not be liable for any consequential fees or damages incurred due to
non-performance or delays(i.e.,overdraft charges,returned check fees,etc.).
It is agreed that ASC shall not be liable(nor shall the insurance they carry afford protection)for loss or damage caused by or resulting from:.
Hostile or warlike action in time of peace or war,including action in hindering,combating or defending against an actual impending or expected attack,(1)by any
government or sovereign power(de jure or de thcto),or by any authority maintaining or using military,naval or air forces;or(2)by military,naval or air forces;or(3)
by an agent of any such government,power,authority or forces;
Any weapon of war employing atomic fission or radioactive force whether in time of peace or war, or due to nuclear reaction, nuclear radiation or radioactive
contamination,or to any actor condition incident to any of the foregoing;
Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an
occurrence,seizure or destruction under quarantine or Customs regulations,confiscation by order of any government or public authority,or risks of contraband or
illegal transportation or trade.
IX. Service Fees
ASC invoice terms call for payment net ten(10)days upon receipt and are to be considered an integral part of this contract and agreement. Open invoices beyond these
terms shall be assessed a credit fee of 1%%per month of the unpaid balance(18%per annum). Notwithstanding the credit fee,failure to pay invoices in accordance
with such terms shall be considered a breach of this contract and could result in a discontinuance of our services without prior notice. Reasonable attorneys fees,costs
and disbursements which result from the enforcement of this ages nx.nt shall be assessed. CUSTOMER agrees it shall have no right of offset against ASC's charges for
services rendered.
X. Ameadmeats
The provisions of this Agreement may be amended by mutual consent of ASC and the CUSTOMER at any time by placing an exhibit or rider to same,properly
acknowledged and accepted by both.
XI. Breach of Contract Z.. r • (cs
In the event of any breach of this Agreement by either CUSTOMER or ASC,CUSTOMER agrees that the laws of the state of Ildiaw ta,U.S.A,will govern this
AsjLutnt. In the event of any suit or action taken for any reason,CUSTOMER and ASC consent to suit exclusively in the courts of Minnes06,U$.
FEDERAL TAX ID 84-6000813 Exenmt
ACCEPTED:
Weld County Government AMERICAN SECURITY CORPORATION
(CUSTOMER) (ASC)
pR@Tr NAME: Gl nn Vaad PRINT NAME: ��b
SIGN: /A.IAA.( �� SIGN:r A
TITLE: Chair TITLE: Vice President
DATE: May 1, 2002 DATE: t� Cre
CONFIDENTIAL
This material contains confidential information and trade secrets and the release or duplication of this material is not permitted except by written authorization of
AMERICAN SECURITY CORPORATION. Revised 4 April 2001
AMERICAN SECURITY CORPORATION
ADDENDUM TO CONTRACT
THIS ADDENDUM TO THE ARMORED TRANSPORTATION AGREEMENT,made this 1st day of May 2002,between American Security Corporation,I717
University Avenue,St.Paul,MN 55104,(hereinafter called"ASC")and Weld County Government,PO Box 758,Greeley,CO 80632,(hereinafter called"CUSTOMER"):
WITNESSETH: For and in consideration of the mutual covenants and agreements and of the payments hereafter mentioned,the parties hereto agree as follows:
Service Specifications and Pricing Structure:
Locations: Weld County Clerk&Recorder Weld County Clerk&Recorder
330 Park Avenue 4209 Weld County Road 42 Y.
Fort Lupton,CO 80621 Longmont,CO 80501
Armored Car Service:
Provide five days(Monday through Friday)per week armored car service for pickup of deposits and delivery of change orders between sites listed above and Wells Fargo
Bank,1025 9th Ave.,Greeley,CO 80631.The pickup of deposits will be done on regular scheduled mutes with a maximum on-site time of nine(9)minutes,a charge of
$2.00 per minute is assessed for each minute above the maximum on site time allowed.Insurance coverage for liability up to$50,000.00 is included in charges below.
Charge: $315.00 per month,per site+$1.00 per piece after 3 pieces.
Except as amended above,the original agreement between the parties hereto remains unchanged and all terms,conditions and limitations remain in full force and effect.
Commencement of services acknowledges all terms and conditions of contract and addendum.
As herein,said Contract is hereby ratified and confirmed.
CUSTOMER Federal Employee Tax I.D.Numbs 84-6000813 Exemvt
ACCEPTED:
Weld County Government AMERICAN SECURITY CORPORATION
(CUSTOMER) (ASC)
PRINT NAME: G enn Vaad PRINT NAME: /Atha/ann//Walsh
SIGN: .!diA SIGN_- 2�k Aran
TITLE: Chair TITLE: Nice President
DATE: May 1, 2002 DATE:
CONFIDENTIAL
This material contains confidential information and trade secrets and the release or duplication of this material is not permitted except by written authorization of
AMERICAN SECURITY CORPORATION. Revised 4 April 2001
AMERICAN
SECURITY
CORPORATION®
April 25, 2002
Claud Hanes
Weld County Government
915 10th Street
Greeley, CO 80632
RE: Service agreement
Dear Claud:
Enclosed you will find two original service agreements. Please review for correct
information and if any changes are required, please contact me before making any
corrections.
If everything is correct,please sign, title and date both originals and return both to me
for proper countersignature. Once we sign, your original copy will be returned for your
records.
Thank you for choosing American Security Corporation for your armored car courier.
Sincerely,
Robert Purvis
Marketing Executive
6330 N. Washington Street, Unit 17 • Denver, CO 80216• Ph 303-287-4745 • Fax 303-287-4881
.Roa2-Ha()
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