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HomeMy WebLinkAboutResolution - 2003-R0279 - Contract For Armored Car Services - H&K Armored Service, Inc. - 07_24_2003Resolution No. 2003—RO279 July 24, 2003 Item No. 18 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and -ected to execute for and on behalf of the City of Lubbock, a Contract for armored car rvices, by and between the City of Lubbock and H & K Armored Service, Inc., of Tessa, Texas and related documents. Said Contract is attached hereto and incorporated this resolution as if fully set forth herein and shall be included in the minutes of the ty Council. assed by the City Council this 24th day of TTEST: Rebecca �Garz`aCity Secretary APPROVED AS TO CONTENT: c �- Victor Kilmala, Purchasing Manager APPROVED AS TO FORM: t City Manager gs:/ccdocs/Contract-H&K Armored Serv.res July 11, 2003 0 Resolution No. 2003-RO279 July 24, 2003 Item No. 18 H & K ARMORED SERVICE, INC. ARMORED SERVICE CONTRACT This agreement, made this day of between H & K Armored Service, Inc. , P. O. Box 1665, Odessa, Texas 79760, hereinafter called "Company" and City of Lubbock 1625 13th Street Lubbock,Texas 79401 hereinafter called "CUSTOMER" "Customer" acting herein by and through its duly authorized agent desires to employ H s K Armored Service, Inc. for armored service. WITNESSETH: for and in consideration of the mutual covenants and agreements and of the payments hereinafter mentioned, the parties agree as follows: 1. Company shall pick up and deliver coin, currency, checks and or other valuable items hereinafter called "property" in accordance with the attached schedule of service. If indicated on the attached schedule of service, Company will pick up and deliver mail from the Post Office to Customer's designated consignee. 2. It is agreed between the Customer and the Company that all property delivered into the care of the Company is to be securely sealed or locked and clearly labeled with the consignee's name and address and that it will not conceal or misrepresent any material fact or circumstance concerning the property delivered to the Company pursuant to this agreement. Any containers used for transporting property furnished by the Customer shall be subject to the approval of the Company. It is further agreed that liability shall commence when any shipment has been received and placed in the possession of the Company and shall terminate when the same shall have ben delivered to the designated consignee. 3.The Company represents that it carries insurance in a responsible company covering its liability as stated in this contract for loss or damage to property consigned to it hereunder and that it carries insurance which, subject to the terms, conditions, and limitations of the contract or contracts pertaining thereto covers liability to third persons for damage incurred to them by reason of accidents for which to Company is legally responsible. The Company agrees to keep such insurance in full force during the full life of this contract. The Company agrees to furnish Certificates of Insurance upon request of the Customer. The Company further agrees that it will maintain in force all necessary permits and licenses required by law and that it will comply with all municipal ordinances, state statutes, and federal laws which may be applicable to is operations. The company agrees to be liable for the safety of any property received into its possession subject to the limitations and restrictions set forth herein. 4. Customer agrees that the contents of containers shall not exceed the liability per shipment as shown on the schedule of service, nor shall the Company be liable for an amount in excess of said sum, nor in any amount in excess of the insurance coverage applicable to the particular loss. H 6 K ARHoRED snAvick compthct 5. The Company agrees to assume liability, as hereinafter limited, for any loss, damage, or destruction of property (hereinafter called loss) from the time it is received by the Company until such time as it is delivered to the consignee designated by the Customer to receive same or in the event of non -delivery until its return to the Customer, but the Company does not assume liability for property while in the safe on the Customer's premises. The sole liability of the Company in the event of loss from whatever cause, except as hereinafter further limited, shall not exceed the maximum amount as set forth in the schedule of service of this contract for the designated shipment. The Customer agrees with Company that in the event of loss, it will completely cooperate to the extent to which it is capable in reconstructing checks constituting a part of said loss and as to said checks, Company's liability except as hereinafter limited shall be the payment to the customer of: (a) Reasonable costs necessary to reconstruct the checks plus where the checks are reconstructed, any necessary costs because of stop -payment procedures. (b) The face value of the checks which cannot be reconstructed. It is understood and agreed by the parties to this agreement that the words "reconstruct", "reconstructed" and "reconstruction" shall mean to identify the checks only the extent of determining the face amount of said checks and the identity of the maker or the endorser of each.. Complete cooperation shall include requests by Customer to the makers of the missing checks to issue duplicates and in the event the maker refuses to do so then to assert all its legal and equitable rights against said maker or to subrogate such rights to the Company and its assigns. It is further understood and agreed that the word "shipment" wherever used in this agreement shall mean a 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. 6. The Customer agrees to advise the Company, its agents, servants, and employees, in writing, as to the value of each container being transported on each delivery to each designated consignee. The Customer herewith agrees to instruct the designated consignee to advise the Company in writing as the value of each container that said consignee turns over to the Company. It is specifically understood and agreed that the Customer shall be bound by the said declared value and that the company shall not be liable beyond the :said declared and written value. It is further agreed that the property being transported at all times belong to the Customer. In the event of a discrepancy as between Customer and the designated consignee concerning the contents of said container' (s) being delivered by the Company such discrepancy shall be resolved between the Customer and its consignee without the intervention of the Company. The Customer agrees to notify the Company :n writing of any claims for loss within 72 hours after loss is discovered or should have been discovered in the exercise of due care, and in any event, within 60 days after delivery to the Company of the property in connection with which the claim is asserted. The Customer further agrees to furnish proof of loss in a form satisfactory to its '.usurer in all ways pertaining to recovery of said loss. Upon payment of loss hereunder, the Company or its insurance company shall be subrogated to all the Customer's rights and remedies of recovery therefore to the extent allowed by law. 7. (a) Notwithstanding anything contained to the contrary herein it is agreed that the Company shall not be liable for loss or damage directly or indirectly occasioned by, happening through or in consequence of: 1) war, Invasion, Acts of Foreign Enemies, Hostilities,(whether war be declared or not), Civil war, Rebellion, Revolution, Insurrections, Or Nationalization, Confiscations, Military or Usurped Power, Requisition or destruction of or damage to property by or under the order of any government or public or local authority. 2) Nuclear reaction or nuclear radiation or radioactive contamination; all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril (s) for which liability is assumed by Company. (b) Shortages claimed in the contents of the sealed or locked shipments or containers. (c) Non-performance or delays; but the Company agrees to be liable for the safety of any property received into its possession subject to the limitations and restrictions set forth herein. (d) The Company shall not be liable to the Customer for failure to furnish any vehicle or render any service if prevented by wars, fires, strikes, or other labor disputes, acts of God, or where during the existence of any strike or disturbance the Company determines that in its judgment the same may endanger the safety of the Customer's property or the Company's vehicles or employees. pace 2 Service: H & K Armored Service, Inc. ARMORED SERVICE CONTRACT SCHEDULE OF SERVICES Frequency Liability Charge City of Lubbock Fine $1,000,000 $1550.00 1625 13th Street days per month Lubbock,Texas 79401 per week CONSIGNED TO: CALL AT: ,�ORMICPZI Attached hereto are properly executed amendments to this contract as exhibits (s)NONE The Customer agrees to pay the sum as stated in the schedule of services not later than 30 days after presentation of invoice. Subject to the terms and conditions of this contract service shall commence on and shall continue for a period of year (s)_ At the expiration of the time set forth in the preceding sentence, the agreement shall be automatically extended from month to month until terminated by either party on thirty (30)days written notice or until a new agreement is signed. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year written above. Customer uthorized S' ture: ar l Mayor Attest: e cca Garza, City Secretary Company authorized signature: zz;�� I ALI.— Randy Ke� er TITLE President Approved.