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CM-1999-002Armored Car Service Agreement P.O. Box 15060 — Los Angeles, CA 90015 IT IS HEREBY AGREED by and between Armored Transport Texas, Inc. 220 1/2 South Congress Austin, Texas 78704 (Hereinafter called CARRIER) and City of Round Rock 221 East Main Street Round Rgt'k, Texas 78664 STREET Hereinafter called CUSTOMER that: CITY STATE ZIP SECTION I. (a) CUSTOMER maintains at the following location — certain establishment — where armored car service is required. City Hall Finance Dept, 221 E. Main Street, Round Rock, Texas 78664 P.A.R.D., 605 Palm Valley Blvd., Round Rock, Texas 78664 (b) CARRIER maintains a service for the purpose of protecting property and transporting it to or from a bank or other location as designated by CUSTOMER. SECTION II. (a) The word "property" as used in this agreement shall mean currency, coins, precious metals, notes, bonds, securities and all other things of value. (b) The word "shipment" as used herein shall mean the total property received from or destined to one location, branch or facility. (c) CARRIER agrees to render services to CUSTOMER as follows: City Hall Finance Dept., Monday through Friday P.A.R.D, Monday, Wednesday and Friday The parties agree that the following days shall be observed as holidays for the purpose of this Agreement to wit: New Year' S Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day* (Holidays excepted) authorized armed collectors will call at the above mentioned location, accept and receipt for a sealed or locked package or packages containing property which will be deliv- ered to a designated depository in the same condition as received and secure proper receipt for same. It is understood and agreed that when a holiday falls on a Sunday the following Monday shall constitute the holiday; when a holiday falls on a Saturday the preceding Friday, that Saturday, or the following Monday shall constitute the holiday. Holiday service available at $45.00 per pickup. SECTION III. *NO Service available on Christmas Day. (a) CARRIER agrees at all times during the life of this contract to purchase and maintain insurance with a responsible insurance company to cover the loss or destruction of property handled or protected by CARRIER, its agents or employees, on behalf of CUSTOMER pursuant to this contract. CARRIER agrees to furnish Customer with written evidence of compliance with this provision. It is understood and agreed that CARRIER shall not be liable in any capacity for harm to CUSTOMER'S property or for damages directly and/or proximately flowing from harm to CUSTOMER'S PROPERTY while said property is in .the possession of CARRIER, nor shall CARRIER'S insurance be required to cover such damages, when same are caused by and of the following: 1. Hostile or warlike action in time of peace or war, including but not limited to, action which hinders, combats or defends against an actual, impending or expected attack, by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces', or by military, naval or air forces', or by an agent of any government, power, authority or force; 2. Any weapon of war employing atomic fission or radioactive force whether in time of peace or war; 3. Any accident or catastrophe occurring at a government or private facility employing the use of atomic fission or radioactive energy whether in time of peace or war; 4. Insurrection, rebellion, revolution, civil war, usurped power, or action taken by government authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customer regulations, confiscation by order of any government or public authority, or risks of con- traband or illegal transportation or trade. (b) Except as hereinabove provided, it is understood and agreed that CARRIER and its insurance company will be liable for loss of or damage to CUSTOMER property inclusive of reconstructive damage up to the maximum sum of $See P].ice Schedule "Aollars($ See Price Schedule "A" ) per shipment, which sum is the agreed maximum value of any single shipment in that the service and liability obligations assumed by CARRIER and the rates charged by CARRIER are based, in part, upon the values of shipments as declared by CUSTOMER, for the safe delivery or return of any shipment of CUSTOMER'S in the possession of CARRIER, or in the possession of the agents or employees of CARRIER pursuant to the terms of this contract. (c) CARRIER shall not be liable in any capacity for damages, including but not limited to loss of interest, directly and/or proximately flowing from any delay in or failure to make pickups or deliveries on CUSTOMER'S behalf pursuant to the terms of this contract due to strikes, work stoppages, lockouts, epidemics, pesti- lence, war, rebellion, insurrection, hostilities, legal process, court action, mechanical failure, accidents, fires, acts of God or causes beyond CARRIER'S control. It is understood and agreed that CARRIER is not a guarantor of any pickup or delivery times set forth as part of this contract as the parties hereto understand and agree that any such times are mere approximations or estimates; however, CARRIER agrees to use its best efforts to meet its pickup and delivery times. (d) CUSTOMER understands that time is of the essence to Carrier's business, therefore, customer agrees that CARRIER'S messenger / collector shall have to wait no more than a maximum of three (3 ) minutes to make his pickup and delivery. If Customer's agents or employee does not assist said messenger / collector in that time period, it is agreed that the messenger / collector may leave and that such departure shall be consistent with, and therefore not a breach of this contract. CUSTOMER may call and request that a service call be made by CARRIER subsequent to such departure. By requesting same, CUSTOMER agrees to pay for said additional service call at a rate to be established by mutual agreement, such charges to be in addition to regular service charges. 1 of / 30-7s- 05'30(7 SECTION IV. (a) CARRIER agrees to furnish CUSTOMER the certified signature of each authorized collector, and to give written notice in the event of revocation of such authority. CARRIER assumes no liability for property delivered to any employee or other person except those whose unrevoked signature are on file with CUSTOMER. (b) CUSTOMER agrees to cause all shipments to be made by means of placing CUSTOMER'S property in securely sealed packages or containers which clearly and distinctly indicate the name and address of the consignor as well as the name and address of the consignee. Customer further agrees to clearly and distinctly set forth the value of each shipment on the outside of the sealed packages or container. Additionally, CUSTOMER agrees that CARRIER, its agents or employees, shall have the right to refuse to pickup shipments which are not securely sealed and properly marked as set forth above and that CARRIER assumes no liability for any damages or Toss which may result as a consequence of such refusal to make a pickup. (c) CARRIER'S possession of CUSTOMER'S shipment begins only after an armed collector employed by CARRIER signs a receipt for and receives said shipment into his physical custody, thereafter CARRIERS possession of CUSTOMER'S property terminates when and as an authorized teller at CUSTOMERS bank or authorized agent designated by CUSTOMER receives custody (i.e., physical possession or control) of the shipment or signs CARRIER'S route sheet or other receipt acknowledging delivery. It is understood and agreed that CARRIERS liability for the handling or protection of CUSTOMERS property arises and coexists solely with CARRIER'S possession thereof. (d) (i) It is understood and agreed that under no circumstances or theory of liability shall CARRIER and/or CARRIER'S insurance company be liable for any incidental or consequential damages resulting from or occasioned by the loss of or damage to any shipment delivered to CARRIER pursuant to this contract. (ii) It is understood and agreed that under no circumstances shall CARRIER and/or CARRIER'S insurance company be liable or responsible for any claim or loss of or damages to CUSTOMER'S property which is not submitted in writing to the CARRIER within sixty (60) days after the date that said loss or damage purportedly occurred. Within thirty (30) days after the giving of written notice of a claim of loss or damage, (CUSTOMER agrees to fumish CARRIER a detailed written statement of the circumstances surrounding such loss or damages as well as detailed written proof of such loss or damage in form satisfactory to CARRIER, which proof of loss shall be substantiated by the books, records and accounts of CUSTOMER and shall be subscribed and sworn to by CUSTOMER) or its duly authorized officer. Failure of CUSTOMER to comply with the foregoing shall relieve and release CARRIER of any liability to CUSTOMER with respect to such claimed loss or damage. (e) CUSTOMER guarantees and warrants that it maintains a complete and accurate record of all checks placed in any shipment given to CARRIER and in the event of a loss, CUSTOMER agrees to promptly, diligently and completely cooperate with CARRIER in the identification and replacement of lost, destroyed or stolen checks which had been contained in any such shipment. Complete cooperation shall include but not be limited to requests by CUSTOMER to makers of the missing checks to issue duplicates and in the event the makers refuse to do so, then to assert all its legal and equitable rights against said makers. CUSTOMER agrees that CARRIER and CARRIER'S insurance company shall not be liable for damages directly or proximately flowing from CUSTOMER'S breach of this provision. SECTION V. Customer Indemnity CARRIER agrees to defend, indemnify and hold harmless Customer from all claims, demands, actions and causes of action that are hereafter made or brought against Customer by any third party for the recovery of actual damages that are caused by reason of the sole, active negligence of CARRIER or its employees or agents. For purpose of this provision "actual" damages means -those losses which can readily be proven to be sustained and for which the injured party should be compensated and shall not include exemplary, punitive or consequential damages. SECTION VI. (a) Customer agrees to pay Carrier for the services, herein the siim of See Price Schedule "A" Dollars (sSee Price Schedul P "A" ) per month, plus all additional charges associated with special service requests. Customer understands and agrees that Carrier reserves the right to charge 1.5 percent per month finance charge on all balances that are not paid within 30 days of the date of invoice. Customer further understands and agrees that Carrier shall not be responsible to issue credits for erroneous billings that are more than 90 days old as of the date of the credit is requested. The prices quoted do not include State Sales and transportation -related taxes, local sales and transportation -related taxes or Federal Sales and transportation -related taxes. (b) Services under this contract shall begin on the 1 St day of July 19 99 and shall continue for a period of one year and thereafter from month to month until cancelled by either party giving the other party thirty (30) days written notice thereof in writing. (c) This contract shall become effective only when approved and signed by executive officers of the parties hereto. This contract constitutes the entire agreement and understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force and effect. This contract shall be binding in accordance with its terms upon the parties hereto and their respective transferees, assigns and successors in interest; provided, however, this contract may be assigned by CARRIER to any parent or subsidiary corporation thereof; or to any corporation which it may hereafter acquire or with which it may be merged or consolidated, or to any corporation acquiring the business and assets of CARRIER, but this contract shall not be otherwise assigned by either party hereto without the prior written consent of the other party. This contract may be altered, amended or superseded solely by means of a writing signed by the parties hereto. (d) In the event of litigation between the parties hereto, which litigation arises out of the terms of this contract, the prevailing party shall be entitled in addition to any other appropriate relief to an award of reasonable attomey's fees and litigation costs. IN WITNESS WHEREOF, the parties hereto have caused this contract to be entered into and executed this 19 99 _ _ , by the respective officer there unit. CITY OF ROUND ROCK Robert B City Manager Title /30 - 7s- 03-S-0/ r; day of July ARMORED TRANSPORT TEXAS, INC_ GREGORY VI. n nr.n r--- rrr City of Round Rock PRICE SCHEDULE "A" TRANSPORTATION Armored Car Service Monday through Friday Monday, Wednesday and Friday OTHER TRANSPORTATION On-Call/On-Route Service On-Call/Off-Route Service Excess Time After First 20 minutes Exclusive Use of Vehicle Excess Time After First 2 Hour EXCESS TIME RATES First three (3) minutes at location Excess Minutes After First three (3) LIABILITY CORR Finance Dept. --Maximum $120,000.00 per shipment CORR P.AR.D. --Maximum $70,000.00 per shipment HOLIDAY SERVICE In addition to the monthly service rate when service is required on a holiday DEFINITION On-Call/On-Route -- when additional service is can be scheduled when the carrier is in the area. On-Call/Off-Route -- when additional service is can not be scheduled when the carrier is in the a Exclusive Use of Vehicle — "Hot Shot" special. SERVICE RATE $340.93 per month $198.75 per month PRICE PER EVENT $35.00 per trip $45.00 per trip (maximum 20 minutes) $6.25 per 5 minutes increments or fraction thereof $95.00 per hour (minimum two hour) $23.75 per 15 minutes increments or fraction thereof RATE/EXCESS MINUTES Included/monthly service fee $6.25 per 5 minute increments or fraction thereof RATE/EXCESS TIME Included/monthly service fee Excess at $0.30 per thousand dollar valuation RATE $45.00 per pick-up required on a day other than specified in the contract and required on a day other than specified in the contract and rea.