HomeMy WebLinkAbout971134.tiffRESOLUTION
RE: APPROVE ATM AGREEMENT WITH UNION COLONY BANK AND AUTHORIZE
CHAIR TO SIGN
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 ATM Agreement for the placement
of a Union Colony ATM at the Weld County Jail Complex between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Union
Colony Bank, with 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 ATM Agreement for the placement of a Union Colony ATM at
the Weld County Jail Complex between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Union Colony Bank 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 16th day of June, A.D., 1997.
Dale K. Hall
APP
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BOARD OF COUNTY COMMISSIONERS
WELD CJJUNTY, COLOF ADO
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arbara J. Kirkme r
W. H. Webster
971134
SO0015
ATM AGREEMENT
THIS ATM AGREEMENT is between Union Colony Bank (UCB) and the undersigned
company (the "Company").
1. Placement and Availability of ATMs. The Company agrees that UCB may place
automated teller machines (ATMs) within the Company's stores at the locations(s)
described on Attachment A. Placement within each store will be as agreed by the parties.
ATMs will generally be available for use at all times during which the subject store
location is open for business. Operation of the ATMs shall be subject to applicable laws,
regulations and rules. No rentals or other fees shall be due hereunder from either party to
the Company's premises during business hours as necessary: (i) to maintain and resupply
the ATMs; and (ii) to remove the ATMs upon the termination of this Agreement (or to
remove an ATM from any location where the Company has ceased regular business
operations).
2. Ownership. Installation. Maintenance. Etc. All ATMs shall be owned by UCB and
considered personal property, not fixtures. The Company shall have no right, title or
interest in the ATMs and shall not create or suffer to exist any lien or encumbrance
thereon. UCB shall arrange for and bear all costs of installing, maintaining, and
operating the ATMs, but UCB shall have no liability for ATM downtime. The Company
agrees to provide and bear the expense of electrical power for the ATMs. The company
shall not move or alter the ATMs or the appearance thereof in any respect whatsoever.
3. Promotion. Use of the ATMs shall be promoted in such manner as UCB and the
Company may agree. UCB may from time to time locate an UCB employee at an ATM
in order to provide customer information and assistance.
4. Loss or Damage. UCB shall bear the risk of damage to or destruction of the ATMs
and of loss or theft from the ATM, provided, however, that the Company shall be
responsible for damage or destruction caused by the negligence or misconduct of the
Company or its agents, employees or contractors or by any occurrence covered by the
Company's fire and extended coverage or other insurance. The Company shall
indemnify, defend and hold UCB harmless from and against any liabilities, damages,
costs or expenses (including reasonable attorneys' fees) arising out of damage or injury to
any person caused by the Company, its agents, employees or contractors or by any third
party on or about the Company's premises.
5. Term. This Agreement shall commence September 1997 and shall continue for a
term of three years. Thereafter, the Agreement shall continue for successive renewal
terms of one year unless either party gives the other at least 60 days prior notice of non -
renewal. Either party may terminate this Agreement upon 30 days notice in the event of
breach by the other. UCB may, without terminating this Agreement as to other ATMs,
remove an ATM from any location that it deems unsuitable.
6. Miscellaneous. This Agreement: (I) constitutes the entire Agreement of the parties
with respect to the subject matter hereof and may not be amended except in writing
executed by both parties; (ii) shall be binding upon and inure to the benefit of the parties
and the successors and assigns; (iii) may not be assigned by either party without the
written consent of the other; and (iv) shall be governed by and construed in accordance
with the laws of the State of Colorado. The parties are independent contractors; neither
party shall have the power of authority to bind or obligate the other. Notices hereunder
shall be in writing and personally delivered or mailed to the addresses set forth below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
JUNE 16, 1997 .
MPANY:
GEORGE E. BAXTER 06/16/97
Title: CHAIR. WELD COUNTY BOARD OF COMMISSIONERS
Union Colony Bank
1701 23rd Avenue
Greeley, CO. 80631
Attn: Claudia Padbury
By:
Title:
The following are the details for an agreement between North Weld Jail Complex and
Union Colony Bank regarding ATM Placement.
Attachment "A"
ATM Location(s)
Weld County Jail Complex
Greeley/Weld Business Park
2110 "O" Street
Greeley, CO 80631
Agreement will be in effect for a period of three (3) years. Union Colony Bank will
provide a profit analysis on a yearly basis. Renewal of the contract would include
negotation of costs if the ATM is unprofitable.
MONTHLY ATM PROFIT/LOSS
Administrative Expenses:
ATM Depreciation
Data Circuit (Modem)
ATM Maintenance (Diebold)
ATM Service (Courier)
Monthly Rent (If Applicable)
Supplies
Alarms (Schyler)
Utilities
Insurance (included in the bank billing)
Phone line
Total Administrative Expenses
Processing Expenses:
Modem Rental
ATM Hook -Up
Transaction Fee Enter Volume
(UCB customers at our ATMs)
Total Processing Expenses
Revenues: Interchange Voli
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UNION COLONY
BANK
July 25, 1997
Weld County Clerk to the Board
PO Box 758
Greeley, CO 80632
Attn: George Baxter
Dear Sir:
Attached is the original Agreement with Union Colony Bank for installation of an ATM
at the Weld County Jail as requested in your memo of June 20, 1997.
If you have any further questions please contact me at 395-7626.
Sincerely,
Manager Deposit Operations
1701 "lvaenry Third Avenue . Greeley, CO 80631 • Phone 970-356-7000 • Fax 970-356-1015
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