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Home My WebLink About780849.tiff RESOLUTION RE: APPROVAL OF ASSIGNMENT OF CONTRACT BETWEEN C & R CLEANING SERVICE AND WELD COUNTY TO PRIDE JANITORIAL SERVICE. 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, on December 21, 1977 , the Board of County Com- missioners of Weld County, Colorado, executed an agreement with C & R Cleaning Service providing for complete cleaning, maintenance and care of the Walton Building located at North 11th Avenue, Greeley, Colorado, on behalf of the Weld County Department of Social Services for the year 1978, and WHEREAS, C & R Cleaning has expressed a desire to assign its rights and delegate its duties under said contract to Pride Janitorial Service, and WHEREAS, the Board of County Commissioners feels that it is in the best interests of Weld County to approve such assign- ment, so long as the assignee, Pride Janitorial Service, performs its duties under the contract according to the terms of the contract and the specifications incorporated into the contract, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the assignment of the above-described contract by C & R Cleaning to Pride Janitorial Service, be, and hereby is., approved, and subject to the assignee posting a bond. subject to the assignees compliance with all provisions of said contract and the specifications incorporated therein. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20thday of March, A.D. , 1978 . ATTEST: IL-Mtn67 � , , BOARD OF COUNTY COMMISSIONERS r WELD UN Y, COLORADO Weld County Clerk and Recorder ¢ and Clerk to the xd BYY eputy Count erk - -r - c-\ ,A1VED AS TO FORM: — ater GaiA„ft. km, ors County Attorney - 780849 I/,/L ?/o Date Presented: March 20, 1978 r, Tt„ The undersigned understand and agree to the terms of this approval of assignment as set forth in the foregoing Resolution. ASIGNOR: / yL C & R Cleanint Service ASSIGNEE: aQ� ►f)) Pride Janitorial Service -2- Vo.577. kev.'66.—Bradford Bubiinoing Uompuoy,ib24-46 Stout Stroet,Deny,q Cuiorado-2-.7 . STATE OF COLORADO 1 AFFIDAVIT UNDER County of Weld J-ss' 4-6-104 C.R.S. 1973 (UCC—Bulk Transfers) Clarence Parker , Transferor, makes this affidavit pursuant to Section 4-6-104 Colorado Revised Statutes 1973 in connection with pro- posed transfer in bulk and being first duly sworn according to law on oath deposes and says: Exhibit A, annexed to and by reference made a part of this affidavit is a full, accurate and com- plete list of the names and addresses of all existing creditors of transferor with the amounts when known and also the names of all persons known to the transferor to assert claims against the trans- feror which are disputed by transferor. Transferor Subscribed and sworn to before me this 8th day of March 19 78 My commission expires My Commission Expire$Feb.15,18b2 Witness my hand and official seal. Notary Public 6 1 rt.\ n • No.577A.Rev.'67.—Bradford Publishing Co.,1824-46 Stout Street.Denver,Colorado-2-77 NOTICE OF BULK TRANSFER • (Section 4-6-107 Colorado Revised Statutes 1973) (UCC—Bulk Transfers) Notice is given that a Bulk Transfer is about to be made from the transferor to the transferee named below. The name of the-transferee is: James Christmas The business addesss of the transferee is: 2315 24th St. Rd. Greeley, Colorado 80631 The name of the transferor is: Clarence Parker The business address of the transferor is: 1916 9th Street Greeley, Colorado 80631 All other business names and addresses used by the transferor within three(3)years last past so far as known to the transferee are: None *All debts of the transferor are to be paid in full as they fall due as a result of the transaction.The address to which creditors should send their bills is: 1916 9th Street Greeley, Colorado 80631 *Tl dabttsegt#tetra€t6feferaceHet-tobepaidifrfeliasthey€alklue-ar-thetransferee-isindoubtes that paint. The property to be transferred is located at and consists of 2925 18th Street Greeley, Colorado 80631 The estimated total of the transferor's debts is$ none The address where the schedule of property and list of creditors (Section 4-6-104 C.R.S. 1973) may be, inspected is: it **-Fire-transfetis 4e pay existing debts end the-ametne-ofseeh debts andte whom ew»igareas foliowst Name Amount ii **The transfer is not to pay existing debts. #The transfer is for new consideration in the amount of$ 6,400.00 II The time of payment is: March 15, 1978 . The place of payment is: Greeley National Plaza #4A Greeley, Colorado 80631 Signed by: C C . O. a�J Transferee L • Strike one or the other according to fact. "Strike one or the other according to fact. # If there is no new consideration,state•none'. JANITORIAL BOND Bond 4 R-00014 Know all Men by these Presents: That the Allied Fidelity Insurance Company, hereinafter called, the "Company", in consideration of an annual premium, agrees to indemnifyWeld County Department of Social Services, Weld County Court House, Walton Building, North 11th Avenue, Greeley, Colorado 80631 hereinafter called, "Obligee" and those whose names may be added to the schedule by endorsement, to the extent of Five Thousand and No/100 ---- - --------------------- dollars ($ 5,000.00 ) for direct loss of property, including property for which the Obligee is legally responsible, through any act of larceny, embezzlement, or dishonesty which results in the conviction in a court of record in the jurisdiction within which the act occurred during the term of this bond by Pride Janitorial Service, 2315 24th Street Road, Greeley, Colorado 80631 hereinafter called "Contractor", and or his employees while performing the duties of a Janitorial Service in the service of the Obligee. The term of this bond shall be from the 17th day of April 19 78 , to the 17th day of April , 1979 This bond is subject to the following conditions: 1. The aggregate liability of the Company to each Obligee covered hereunder shall not exceed the sum of Five Thousand and No/100--------- 2. Compliance by the Obligee with the following limitations shall be a condi- tion precedent to recovery hereunder: that as soon as reasonably possible and in any event within 20 days after discovery by the Obligee of any act or circum- stance indicating a probable claim hereunder, written notice thereof be given to the Company. Further, that the loss which is a basis of any claim shall have been discovered and reported as aforesaid within twelve (12) months after the termination of this bond. Further, that within 60 days after such discovery, an itemized sworn statement of claim be filed with the Company, and that the Company be permitted to make such investigation of the claim as it may deem appropriate, for which a reasonable time not exceeding 90 days after receipt of written notice shall be allowed, and that the Obligee shall render every reasonable assistance in connection with such investigation; and that any legal proceedings to recover any claim shall have been instituted within twelve (12) months after the first notice of such claim shall have been given as afore- said. Should any of said limitations be for a period less than the shortest period permitted by the Law under which this instrument is to be construed, such limitations shall be deemed to be amended to equal the shortest period permitted by such law. O0 3. Coverage hereunder as to any Obligee shall terminate: a. As soon as the Obligee, or officer or partner thereof not in OO collusion with the Contractor, learns of any dishonest or fraudulent act committed by the Contractor without prejudice to loss of any property then in transit in the custody of the - Contractor, or b. -;On the 30th day after a written notice be served upon the Obligee; 0±, if sent by mail, not less than 30 days after the day of mailing. 4. Any money or credits due the Contractor or employee by the Obligee or Contractor at the time of the discovery of any default, and any recoveries made prior to the time of the payment by the Company, shall be deducted from the loss resulting from such default. If the Obligee's or Contractor's net loss, after making all of such deductions exceeds the amount paid by the Company, the Obligee shall, until fully reimbursed, be entitled to all further recoveries on account of that loss, less the actual expense of making them. The Company shall be entitled to the entire proceeds of reinsurance, collateral or indemnity taken by it for its own benefit. ' I . I S. With respect to loss caused by the Contractor or his employee in which occurs partly during the bond period and partly during the period of other bonds or policies issued by the named Company to the Obligee or to any predecessor in the interest of the Obligee and terminated or cancelled or allowed to expire in which the period for discovery has not expired at the time any such loss thereunder is discovered, the total liability of the Company under this bond and under such other bond or policies shall not exceed, in the aggregate, the amount stated in paragraph #1, or the-amount available to the Obligee under such other bonds or policies, as limited by the terms and con- ditions thereof, for any such loss, if the latter amount be larger.• 6. Upon payment by the Company of any loss, the Obligee agrees to assign to the extent of payment by Company all of its rights of recovery against the parties responsible- for-loss. 7. The Company shall be permitted but not obligated to inspect at any reasonable time the workplaces, operations, machinery and equipment covered . by this bond.,. Neither the right to make inspections nor the.making thereof nor any report thereon shall constitute an undertaking on behalf of or for 00 the benefit of the Contractor or others, to -determine or warrant- that such workplaces, operations, machinery or equipment are safe or healthful,.or are in compliance with any law, rule or regulation. ' The Company shall be permitted to examine and audit the Contractor's payroll records, general ledger, disbursements, vouchers, -contracts, tax reports and all other books, documents and records of any and every kind at any reasonable time during the policy period and any extension thereof and within three years after termination of this policy, as far as they show or tend to show or verify the amount of remuneration or other premium basis, or relate to the - • subject-matter of- this insurance. 8. The word Employee or Employees, as used in this bond, shall be deemed to mean, respectively, one or more of the natural persons (except directors or trustees of the Obligee, if a corporation, who are not also officersTor employees thereof in some other capacity) while in the regular service- of the Obligee in the ordinary course of the Obligee's business during the term of this bond, and whom the Obligee compensates by salary, or wages and has the right to govern and direct in the performance of such service, and who are -engaged in such;service within any of the States of the -United States of America, or within the District of Columbia, Puerto Rico, the Virgin Islands, or elsewhere for a limited period, but not to mean brokers, factors, commission-merchants, consignees, contractors, or other agents or representatives of the same general character. - 9. This contract shall not be altered, amended, or its terms in any manner waived except in writing, signed by an officer or attorney—in—fact of the Company. This bond is subject to the riders attached hereto as a part hereof. Signed, Sealed and Dated this 17th day of April , 19 78 ALLIED FIDELITY INSURANCE� • U COMPANY �'_ " rWV m I Barbara A. O'Connor -- : Attorney-iri-Fact . axr 1 �u� esnaurasaee moo. C 0 23 1 14 6320 North Rucker Road • Indianapolis, Indiana 46220 POWER OF ATTORNEY - . .. KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the ISI 01 bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY x w A OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT ash THE LIABILITY OF THE COMPANY > 3 SHALL NOT EXCEED --TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00)-- e. USE OF MORE THAN ONE POWER VOIDS THE BOND p� x ALLIED FIDELITY INSURANCE CO., an Indiana corporation,having its principal office in the City of Indian- m O --ANDREW R. WOOD OR t4 x apolis, State of Indiana, does hereby make, constitute and appoint. t„ BARBARA A. O'CONNOR-- Colorado r in the City of Denver , County of Denver , state of ttl its true and lawful attorney-in-fact,anddeliver at Denver in the State of Colorado M to make, execute, seal and deliver for and on its behalf,and as its act and deed,bonds, and undertakings in behalf of 01 court fiduciaries, who under the jurisdiction of a court, administer property held in trust; public official bonds; m x license and permit bonds; tax,lien,and miscellaneous bonds; required by Federal State.County, Municipal Authority', 3 or other obligees, provided that the liability of the company as surety on any such bond executed under this authority x shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED g This power not valid unless used before December 31, 1978 H The acknowledgement and execution of any such document by the said Attorney-In-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this y3 Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the o following By-Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 5th day of September, 1969. "Article V, Section 12, The President shall have power and authority to appoint, or delegate to other Corporate e G Officers, the appointment of . . . Attorney(s)-in-Fact, and authorize them to execute, on behalf of the Company as Surety, bonds and undertakings, recognizances, contracts of indemnity, and erwritings obligatory e the et authority inth O nature thereof; and he may at any time in his judgment remove any such appointee(s)the si rarok of any issuing h given to them; and with respect to any Certified Copy of any Power of Attorney, or attesting officer, and the seal of the Company, may be affixed to such Power of Attorney or to any certificate cu a relating thereto, by facsimile; and such facsimile signatures and facsimile seals shall be valid and binding on o the Company, in the future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached." IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto affixed and sllthday of Apri 1 , 191.8—. these presents to be signed by its duly authorized officers thi ALLIED F Y I RANCE CO. CS ; 1/4 ,^ e. .BYcretarest"�%•" THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES STATE OF INDIANA ) SS: COUNTY OF MARION J On this 17 day of April , 19 78 , before me a Notary Public, personally appeared C.J.DUFFY and MARY E.BIKOFF,who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said ALLIED FIDELITY INSURANCE CO. and acknowledged said ` ss instrument to be the voluntary act and deed of said Corporation «e e-� 9,,,, - u _ e see. Notary Public, Marion County,Indiana /tqJ 9�/C/.e-."..+-�a�/' } f;�� s My Coauniasion Expires: March 9, 1979 Notary Public 1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND. qna� 2 POWER OF A PERMANENT ATTORNEY T ORNE OF THE OBLIGEE'S EDS.RETURNED TO ATTORNEY IN FACT, BUT SHOULD REMAIN 8 NTEE FOR FAILURE TO PROVIDE AUTHORIZE THIS POWER DOES NOT PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS, ORRBONDS FOR CRIMINAL APPEARANCE. n Pride Janitorial Service 2315 24th Street Road Greeley, Colorado 80631 April 26, 1978 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 To the Commissioners: It has been brought to our attention that you have requested an explanation of our insurance. Pride Janitorial Service is comprised solely of three brothers, Jim, Dave, and Doug, who are all co-partners. We are insured with Flood and Peterson. Our insurance covers both bodily injury and property damage liability. At your request, we have also taken a five thousand dollar surety bond, which, incidently, is of no value to us since we have no employees. It is our understanding that Workmen's Compensation Insurance is also for the benefit of employees, and again, having no employees, we are not required by law to carry it. We are hopeful that this will fulfill your request. If not, we will be happy to work with you in any way we can. You may contact us at 351-0190 or Jim's home at 353-7498. Sincerely, ob (-90-c'`— Jim, Dave, and Doug Christmas oa�e�1 �7T6 5/s/7b' SET TAB STOPS AT ARROWS .•2 _ . ipa tificate "of insui n .N THE CERTIFICATE HOLDER. • �V, a' THIS CERTIFICATE IS ISS ED AS A MATTER OF INFORMATION ONLY ANO CONFERS BELOW. • . �/� • THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGEE:AFEOROEN BY•tHE , . ISSN USTE4 "A'"' °N • 'I"" COMPANIES AFFORDING COJERAGES -_ • FLOOD & PETERSON , INC Union Insurance Company OMpANVA P.O. Box 578 IE,-EH Greeley, Colo. 80631 COMPANY LE TTEP /V� NAME AND ADDRESS OF INSURED COMPANY ■ Jim Christmas , Dave Christmas, LETTER and Doug Christmas dba Pride COMPANY D LETTER Janitorial Services 2315 24th St Road COMPANY E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Limits of Liability in Thousan•s(E 0 E) C POLICY EACH AGGREGATE— OMA EXPIRATION DATE OCCURRENCE LETPTERNY TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY 3/20/79 BODILY INJURY $ 300 $ 300 A Ir}}[rT GIA 40458250 $100 L_JOCOMPREHENSIVE FORM PROPERTY DAMAGE $ PREMISES-OPEOPERATIONS EliEXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD 5 PRODUCTS/COMPLETED BODILY INJURY AND $ OPERATIONS HAZARD PROPERTY DAMAGE E ❑CONTRACTUAL INSURANCE COMBINED El BROAD FORM PROPERTY ❑ DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY $ OPERSONAL INJURY AUTOMOBILE LIABILITY BODILY V (EACH PERSON)INJURY $ BODILY $ ❑ COMPREHENSIVE FORM (EACH OCCURRCCURRENCE) • OWNED PROPERTY DAMAGE $ ❑ HIRED BODILY INJURY AND $ PROPERTY DAMAGE CI NON OWNED COMBINED EXCESS LIABILITY BODILY INJURY AND 5 PROPERTY DAMAGE $ UMBRELLA FORM COMBINED ❑ OTHER THAN UMBRELLA FORM ATULORY WORKERS'COMPENSATION and Is ;eN:,,nrcIorN EMPLOYERS'LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES janitorial services in and around Greeley. Colorado e com- Cancellation: panylwillany endeavortto maibove l lbibed days policies writtten noticedto the below na expiration med certificate thereof, holdelr, butufaiu re to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER. BATE ISSUED' 3/20/78 To Whom It May Concern ff 1 lol/ ',- i AUTHORIZED RE RE ENTATiVLE ACORD 25 Ed-2-77) •� n October 18, 1978 Board of County Commissioners Edward Dunbar, Chairman Post Office Box 758 Gteeley. Colorado 80631 Dear Mr. Dunbar, Due to unforeseen circumstances, I am forced to give you thirty days notice for termination of our contract. The ter- mination date shall be November 17, 1978. If the commissioners should happen to secure another service by November 1, I would be willing to terminate the contract on that date so as to make the billing more simple. I would not hold you to the thirty days. In fact, it would also make it easier for me. Because of internal conflicts, the business has been "dumped in my lap", and I do not have the time to do it all myself. These internal conflicts were also the cause of many of the problems expressed by the Walton Building employees. For this I sincerely apologise. My wife and I will do our best to satisfy everyone con- cerned during the next thirty days and to redeem our name. I am sure if you contacted Mr. McKenna today you would receive a report of much improvement. Thank you for your efforts. Si. =ly, J= es E. Christmas e Janitorial Service cci Eugene McKenna • stoanb hilt. 1°/G 7/ a October 3, 1978 7b 1 7 3b Board of County Commissioners Edward Dunbar, Chairman Post Office Box 758 Greeley, Colorado 80631 �, id— Dear Mr. Dunbar: This is in reply to your letter of September 26, 1978. Your letter came as quite a shock to us. We do not know what Mr. McKenna told you, but it was obviously very one-sided. We most certainly do not feel we have breached our contract. Several matters of complaint were brought to our attention by Mr. McKenna and Mr. Rutherford in early September. In discussing those complaints, we expressed our feeling that many were unjustified. Since that time, we have tried to correct those complaints which were valid. Since we do our own work, we can say with certainty that the work is being done. It is obvious that communications seem to be getting crossed somewhere, and we desire these matters settled as much as you. Please feel free to contact us for any fukher questions. Sincerely, ()Ctiv"\ca-} (29akacco,_ CD a-,:j 0716‘14 .-49 James E. Christmas David Christmas Co-partners Pride Janitorial Service Pride Janitorial Service 2315 24 Street Seed GIM Greeley, Colorado 80631CSo � cu,a 0 )76 • /o/I/ / 71 Hello