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HomeMy WebLinkAboutResolution - 2000-R0264 - Contract - H&K Armored Services Inc.- Armored Car Services - 07/27/2000Resolution No. 2000-80264 July 27, 2000 Item No. 46 RESOLUTION BE 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 directed to execute for and on behalf of the City of Lubbock a contract to fiunish all materials and services for armored car services, by and between the City of Lubbock and H&K Armored Service, Inc., of Odessa, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of July , 2000. Ij Ow �• •' Darnell City Secretary APPROVED AS TO CONTENT: Victor Kilman, Purchasing Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney gs/ccdocs/H&KarmoredService.res July 12, 2000 Resolution No. 2000-RO264 July 27, 2000 Item N0. 46 ARMORED CAR SERVICE CONTRACT THIS AGREEMENT, effective as of the 1st day of August, 2000, is made by and between the City of Lubbock, referred herein as City, and H & K Armored Service Inc., referred herein as Contractor. WITNESSETH WHEREAS, the City requires the collection, transport and delivery of sealed or locked shipments containing currency, coin, checks, securities, and other valuables on a regular basis; and WHEREAS, the contractor maintains a professional staff and employs, as needed, drivers, guards, security specialists, and other parties skilled in the handling, transport, and delivery of sealed or locked shipments containing currency, coin, checks, securities and other valuables; and WHEREAS, the City desires to contract with Contractor to perform armored car services for the City. NOW, THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and Contractor hereby agree as follows: ARTICLE I. DEFINITIONS Section 1.01. The following terms shall have the following respective meanings for all purposes under this Agreement, unless the context clearly requires otherwise: Agreement. This Armored Car Service Agreement, together with all exhibits, schedules and attachments, if any. Effective Date. August 1, 2000. The City. The City of Lubbock, acting by and through the City Manager, the Assistant City Manager(s), and/or any other person as may be authorized by said parties to act in any particular instance under this Agreement. The Contractor. H & K Armored Service, Inc. ARTICLE II. TERM Section 2.01. Term of Agreement. The term of this Agreement commences on the Effective Date and continues without interruption for a term of one year from and after the Effective Date. The term may be extended for two (2) additional one(1) year terms with the written consent of both parties. ARTICLE III. TERMINATION Section 3.01. Termination and Remedies. In the event that the contractor breaches any term and/or provision of this Agreement the City shall be entitled to exercise any right or remedy available to it at law or in equity, including without limitation, immediate termination of this Agreement, assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. REPRESENTATIONS AND WARRANTIES Section 4.01. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. Section 4.02. Corporate Power. Contractor has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Section 4.03. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Contractor. This Agreement constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. Section 4.04. Contractor. Contractor maintains a professional staff and employs, as needed, drivers, guards, security specialists, and other qualified specialists experienced in the handling, transport and delivery of sealed or locked shipments of currency, coin, checks, securities, and other valuables, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the Applicable Laws, regarding the activities contemplated hereby. Section 4.05. Warranty. Contractor will and shall conduct all activities contemplated by this Agreement in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to armored car services, as contemplated hereby. If any of the activities of the Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that the Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. 2 ARTICLE V. DUTIES OF CONTRACTOR Section 5.01. General Duty. Contractor agrees to call for and receive from the City, or its designated agent, and to receipt therefor, sealed or locked shipments containing currency, coin, checks, securities, and other valuables, referred herein as Property, and to transport and deliver same in like condition, to the consignee designated by the City, between points in, and in accordance with the service Schedule provided in this article and Exhibit A, Bid Form, attached hereto and made a part of this Agreement. Section 5.02. Weekly Service Schedule. Pick-up Locations Accounting Department 1625 13th Street Lubbock Power & Light 5110 80" Street 1301 Broadway Civic Center 1501 6'" Street Municipal Court 915 Avenue J Lubbock Landfill Permit #69 North Avenue P Abernathy Landfill Permit 42252 Parks & Recreation 1010 9t' Street Lubbock International Airport 5401 N. Martin Luther King Blvd. Pick-up Days Monday through Friday Monday through Friday each location Monday through Friday Monday through Friday Monday through Saturday Monday and Friday Monday and Friday. Tuesday and Friday 3 Section 5.03. Holiday Service. Contractor agrees to provide the services in accordance with the schedule provided in Section 5.02 of this article with the following exceptions: New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Section 5.04. Confidentiality. Contractor agrees to retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. Section 5.05. Employment of Agents. Contractor may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of Contractor under this Agreement provided that Contractor is in no event relieved of any obligation under this Agreement. Any such agents, contractors, or third parties retained and/or employed by Contractor shall be required to carry, for the protection and benefit of the City and Contractor and naming said third parties as additional insureds, insurance as described in Section 5.06. Section 5.06. Insurance. Contractor shall procure and carry, at its sole cost and expense through the life of this Agreement insurance protection hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all operations in connection with this Agreement, whether performed by the Contractor, subcontractor, agents, or third parties. A Certificate of Insurance specifying each and all coverage shall be submitted to City prior to the execution of this Agreement. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided fifteen (15) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. A. Comprehensive General Liability Insurance. Contractor shall have comprehensive general liability insurance with limits of $1,000,000.00 combined single limit in the aggregate and per occurrence. The City shall be named as the additional insured in such policy B. Comprehensive Automobile Liability Insurance. The Contractor shall have comprehensive automobile liability insurance, with limits of not less than bodily injury/property damage of $1,000,000.00 combined single limit to include all owned, non -owned, hired, or scheduled vehicles. The City shall be named as an additional insured in such policy. C Excess Liability Insurance. The contractor shall obtain Excess Liability (Umbrella Form) Insurance naming the City as insured, in the amount of $1,000,000.00 per occurrence. D. Cargo Insurance. The contractor shall obtain Cargo Insurance naming the City as insured, in the amount of $1,500,000.00 per occurrence. E. Worker's Compensation and Employer's Liability Insurance. Contractor shall obtain Worker's Compensation and Employer's Liability Insurance coverage in the amount of $500,000.00. G. Check Reconstruction Service. Contractor shall provide complete Check Reconstruction Service to the City of Lubbock. The Contractor shall require each subcontractor with whom it contracts to provide activities as contemplated by this Agreement, to obtain proof of insurance coverage as set forth herein, and to provide to contractor, prior to such person performing any such activities, a Certificate of Insurance establishing such coverage. 4 Section 5.07. Surety Bond. Contractor shall execute and deliver to the City, within fifteen (15) days of award on contract, a Performance Bond with a Corporate Surety duly authorized to do business in the State of Texas, conditioned upon the faithful performance of the contract. The Performance Bond shall be in an amount equal to 100% of the total contract price. ARTICLE VI. DUTIES OF THE CITY Section 6.01. General Duty. The City agrees it will cause all Property delivered into the care of Contractor to be securely sealed or locked and clearly labeled with the consignor's name and address, and that it will not conceal or misrepresent any material fact or circumstances concerning the Property delivered to Contractor pursuant to this Agreement. Section 6.02. Payments. The City agrees to pay Contractor within 30 days of periodic invoice in accordance with the charges stipulated to in Exhibit A. Furthermore, federal, state and local taxes, where applicable, shall be added to said charges. ARTICLE VII. COMPLIANCE WITH APPLICABLE LAWS Section 7.01. Compliance. Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. 5 ARTICLE VIII. INDEMNITY Section 8.01. General Indemnity Provision. H & K Armored Service, Inc. shall indemnify and save harmless the City of Lubbock and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of H & K Armored Service, Inc., its agents or employees, in the execution of this contract. ARTICLE IX. NOTICE TO PARTIES Section 9.01. Notice. Whenever notice from contractor to City or City to Contractor is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) faxsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be'effective on the third business day after such notice is so deposited. Section 9.02. Contractor's Address. Contractor's address and numbers for the purposes of notice are: are: CONTRACTOR H & K Armored Service, Inc. P.O. Box 1665 Odessa, Texas 79760 Attn: Randy Kessler (915) 366-2453 Section 9.03. City's Address. The City's address and numbers for the purposes of notice CITY OF LUBBOCK Attn: Victor Kilman 1625 13th Street L-04 Lubbock, TX 79457 Tel (806) 767-2165 Fax (806) 767-2164 Section 9.04. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. D ARTICLE X. MISCELLANEOUS Section 10.01. Entire Agreement. This Agreement, including Exhibit A hereto, contains the Entire Agreement between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or effecting the matters contemplated herein. Section 10.02. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly executed by the contractor and City. Section 10.03. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOC& FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS CONTEMPLATED HEREBY. Section 10.04. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person of circumstances, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which itis held invalid or ineffective shall not be affected thereby. Section 10.05. Successors and Assigns. This Agreement binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. 7 t, Section 10.06. Captions. the captions articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any affect in construing this Agreement. EXECUTED as of the effective date hereof. CITY OF ::•• Div • •' ATTEST: APPROVED AS TO CONTENT Betsy Bucy Managing Director of Financial Services APPROVED AS TO FORM illiam de Haas Competition and Contracts Manager/Attorney 8 CONTRACTOR - NAME:/_, i Resolution No. 2000—R 0264 July 27, 2000:; Item No. 46 EXHIBIT A BID FORM Armored Car Service CITY OF LUBBOCK, TEXAS ITB #00-165 In compliance with the Invitation to Bid #00-165, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the Items listed below and agrees to deliver said Items at the locations and for the prices set forth on this form. The Invitation to Bid #00-165 Is by reference Incorporated in this contract. UNIT OF UNIT PRICE' Extended ITEM I QTY MEASURE DESCRIPTION BID Cost Monthl Price 1. 1 Lot Armored Car Service, including all terms and charges for the ,200.00 (Monthly receipt of sealed or locked shipments containing currency, Price) coins, checks, securities, and other valuables and transport and delivery of same in like condition to the consignee 1e 1 Lot designated by the City at locations and times as itemized in 500.00 6,000.00 (Monthly line items 1a through 1g. 1a. 1 Lot Accounting Department, 1625 13thStreet, Lubbock. $300.00 $3,600.00 (Monthly pm and Saturday after 12:00 noon. Price) Required Stops: Twice Daily, Monday through Friday before 8:00 a.m. and 1:00 p.m. 1b. 1 Lot Lubbock Power & Light, 5110 801h Street (Energas Branch), 300.00 3,600.00 1f 1 (Monthly Lubbock; and 1301 Broadway, Lubbock 100.00 1,200.00 Price) Price) Required Stops: Once Daily, Monday through Friday, at each location, Monday through Friday before 9:30 a.m.; occasionally 1g 1 Lot an afternoon stop at 1301 Broadway is required between 12:30 150.00 1,800.00 (Monthly and 2:00 p.m. 1c. 1 Lot Civic Center, 15016 tStreet 100.00 1,200.00 (Monthly Required Stops: Twice Weekly, Tuesdays & Fridays after 1:00 Price) Required Stops: Once daily, Monday through Friday, after 3:00 ,200.00 (MonthlyI TOTAL (Monthly Price) of Items 1a through 1g above Price) 'PRICE: F.O.B. City of Lubbock PAYMENT TERMS -Bidder offers a prompt payment discount of 0%, which indicates payment terms of net 30 days. E (Monthly Price) Required Stops: Once dally, Monday through Friday, after 12 noon. 1e 1 Lot Lubbock Landfill Permit 969, North Ave P 500.00 6,000.00 (Monthly Price) Required Stops: Once daily, Monday through Friday after 5:00 pm and Saturday after 12:00 noon. Abernathy Landfill Permit #2252 Required Stops: Twice weekly Monday & Friday, around 12:00 noon or as required. 1f 1 Lot Parks & Recreatlon, 1010 9th Street (Reception area) 100.00 1,200.00 (Monthly Price) Required Stops: Once daily, Monday through Friday between 1:00 p.m. and 3:00 p.m. 1g 1 Lot Lubbock international Airport, 5401 N. Martin Luther King 150.00 1,800.00 (Monthly Blvd price) Required Stops: Twice Weekly, Tuesdays & Fridays after 1:00 (MonthlyI TOTAL (Monthly Price) of Items 1a through 1g above Price) 'PRICE: F.O.B. City of Lubbock PAYMENT TERMS -Bidder offers a prompt payment discount of 0%, which indicates payment terms of net 30 days. E