1992-166-Authorizing Town Manager To Sign A Contract With Loomis Armored Inc. For Armored Car Delivery Services For The Town Of Los GatosRESOLUTION 1992 -166
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO SIGN A CONTRACT
WITH LOOMIS ARMORED INC. FOR ARMORED CAR DELIVERY
SERVICES FOR THE TOWN OF LOS GATOS
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into a contract with LOOMIS
ARMORED, INC (a copy of which is attached hereto) for armored car delivery services
for the Town of Los Gatos and that the Town Manager is authorized and is hereby directed
to execute said agreement in the name and in behalf of the Town of Los Gatos.
ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 8th day of September, 1992 by the following vote:
COUNCILMEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura
Mayor Eric D. Carlson
NAYS: None
ABSENT: None
ABSTAIN: None C�
SIGNED: --
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK 017-THE' TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
THIS AGREEMENT, made this 1st day of July
128 East St. John Street San Jose
city)
(hereinafter called "LOOMIS")and Town of Los Gatos
USE
p T
19 92, between Loomis Armored Inc.,
CA 95112 ,
(sous)
P.O. Box 949 usto
(cmer)
(sueetaddre.) Los Gatos CA 95031
'
(hereinafter called the "CUSTOMER "), (ruy) (state) (rip)
WITNESSETH: For and in consideration of the mutual covenants and agreements and of the payments hereinafter men.
tioned, the parties hereto agree as follows:
I . LOOMIS agrees to call for and to receive from CUSTOMER, or its designated agent, and to receipt therefor, sealed or
.locked shipments containing currency, coin, checks, securities, and other valuables except cash letters (hereinafter called
Property' ), and to transport and deliver same in like condition, to the consignee designated by CUSTOMER, between points
in, and in accordance with the following service and compensation Schedule, the charges in which arc based on the liability
assumed by LOOMIS, pursuant to Paragraph 7 hereof:
2. The CUSTOMER and LOOMIS agree that all service performed for the CUSTOMER by LOOMIS in addition to service
specified in this agreement and its exhibits, unless such service is performed pursuant to a separate written agreement between
CUSTOMER and LOOMIS, ditto s performed pursuant to the provisions, terms and conditions of this agreement and that shall the provisions, terms and conditions of this agree ment shall determine the rights and obligations of the parties with respect
to any such additional service in the same manner and to the same extent as if such service had been specified in this agreement.
SCHEDULE
FREQUENCYOF
SERVICE SERVICE
LIABILITY
(DAYS OF WEEK)
PERSHIPMENT CHARGES
Call AC 110 E. Main Street
20 000.00
Los Gatos, CA 95031 Monday thru s
-- �... ... ..........
Friday
Delver To: Bank of the West 4 5
Mari... $264.00
Los Gatos, CA s
Av Per month
Average
CellAc
Deliver To:
Mastmum
f........................
Attached hereto are property executed ameadment(s) to this contract Exhibit(s)
Ave age
B
as ............. A s
the terms and conditions of which are into - ... — ....... .
incorporated herein as if fully set out. Insofar as special provisions contained in
men[(s) hereto conflict with anyofthe
provisions heroin, such special nrovisionx sh„u.,.,,,...i
said amend.
The above schedule shall be performed on LOOMIS' regular routes unless otherwise stipulated in Exhibit nA„
attached hereto.
HOLIDAY SERVICE — If a day designated in the above schedule or any schedule afendmems fall on a Sunday, bank, legal
or other holiday, the charges for such holiday service shall be specified in Exhibit
3. The CUSTOMER agrees it will cause all Property delivered into the care of LOOMIS to be securely sealed or locked
and clearly labeled with the consignor's and consignee's name and address, and that it will not conceal or misrepresent any
material fact or circumstances concerning the Property delivered to LOOMIS pursuant to this agreement.
4. The CUSTOMER agrees to pay LOOMIS within fifteen (15) days of presentation of periodic invoices, the charges stated
in the above schedule for the services stipulated therein and federal, state and local taxes, where applicable, shall be added
to said charges. CUSTOMER agrees that CUSTOMER shall have no right of offset against LOOMIS, charges for services
rendered. Loomis reserves the right to renegotiate the service charges stated in this agreement, if, during the effective period
of the contract as defined by Paragraph 5, Loomis' insurance costs increase by more than 10 percent. Should the parties
fail to reach an agreement after thirty (30) days, Loomis shall have the right to terminate the agreement upon written notice.
5. SUBJECT TO THE TERMS AND CONDITIONS ABOVE AND ON THE REVERSE SIDE HEREOF, service under
this agreement shall commence on ._Jyt v t
. 19_,.92, and shall continue for a period of
be automatically extended from month t At the expiration of the time set forth in the preceding sentence, the agreement shall
until a new agreement is signed. o month until either terminated by either party on thirty (30) days' written notice or
6. No waiver by LOOMIS of any breach of any provision herein shall constitute a waiver of any other breach or of such
Provision. All prior agreements between the parties or their predecessors pertaining to the services specified in the schedule
on page 1 hereof are superseded by this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written.
CUSTOMER APPROVED AS TO FORM: LOOMIS ARMORED INC.
By KATHERINE ANDERTON, TOWN ATTORNEY
By
BY: TOWN'iNANAGER.
DAVID W. KNAPP Title
ATTEST PC '/9
MARIAN V. COSGROVE
TOWN CLERK
(Continued)
7. LOOMIS agrees to assume liability , as hereinafter limited, for any loss, damage or destruction of Pro
called "loss ") from the time it is received by LOOMIS until such time as it is delivered to the consignee designated by the
CUSTOMER to receive same t is in the even[ of non-delivery, S anti designated (hereinafter
assume liability for Property while in safes) on the CUSTOMERnSlpremises The sole lia I ty oR' but L ye event of
loss from whatever cause, except as hereinafter further limited, shall be payment m the CUSTOMER of the declared value
az appears on the shipping document, which sum shall no[ exceed the maximum amount set forth in the schedule on page 1
of this contract for the designated shipment.
The CUSTOMER agrees with LOOMIS that in the event of loss, it will cooperate to the fullest extent to which it is capable
in reconstructing checks constituting a part of said loss and az to said checks, LOOMIS' liability except as limited hereinabove
shall he" e payment to the CUSTOMER of
(a) Reasonable costs necessary m reconstruct the checks plus where the checks are reconstructed, any necessary
because of stop - payment procedures,
ary costs
(b) The face value of checks. which cannot be reconstructed.
It is understood and agreed by the parties to this agreement that the words "reconstruct ", ' reconstructed" , and "recon-
struction" shall mean to identify the checks only to the extent of determining the face amount of said checks and the identity
Of the maker or the endorser of each. It is further understood and agreed that the word "shipment" wherever used in this agree-
ment shall mean a single consignment of one or more items of property from one shipper at one time at one address a one
consignee at one destination address.
S. The CUSTOMER agrees to dotify LOOMIS in writing of any claim for loss within twenty -four (24) hours after loss is
discovered or should have been discovered in the exercise of due care and, in any event, within forty -five (45) days afterde loss is
to LOOMIS of the Property in connection with which the claim is asserted, and unless such notice shall have been given,
such claim shall be deemed waived. LOOMIS shall not be liable in any action brought to enforce a claim unless such action
is commenced within two (2) Years after the date written notice is given to the claimant that LOOMIS has disallowed the claim
in whole or in part, The CUSTOMER further agrees to famish proof of loss in a forth satisfactory to LOOMIS or its insurer
and promptly assist me, cum or its insurer in all ways pertaining to recovery of said loss. Upon payment of loss hereunder,
LOOMIS or its insurance company shall be submgamd mall the CUSTOMER'S rights and remedies of recovery therefor.
9. LOOMIS agrees to cover with insurance the liability assumed in Paragraph 7 and a certificate of such insurance will be
famished to the CUSTOMER upon written request. For the protection of CUSTOMER in view of [he liability azsumed in
Paragraph 7, CUSTOMER or LOOMIS may cancel and terminam this a
LOOMIS' cargo insurance shall be either canttlled or substantially altered or LOOMIS' insurance underwriter
the event
shall notify
greement upon one (1) day written notice in
LOOiiM,,,,IS of its intention m cancel or substantially alter LOOMIS' cargo insurance.
9f�' 'Nogwitasta�ng any otf%�ov>ydeonso7olmT•ehensiVe Eeneral 1
by or resulting from: �o rthns agreement,it rs agreed LOOMIStstr (}uTaiice as Set forth in E
a no[ be liable for any loss caused
(a) (1) Hostile or war -like action in time of peace or war, including action in hindering, combating, or defending
against an actual, impending or expected attack (a) by any Government or sovereign power (de lure or de
facto), or;o any authority maintaining or using military, naval or air force, or (b) by Military, Naval and
Air Forces; or(c) by any agent of any such Govemment, power, authority or forces.
(2) Any weapon Ofwaremploying an atomic fission orradioactive force whether in time of peace or war.
(3) Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in
hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or cus-
toms regulations, or confiscation by order of any Government or public authority; or risks of contraband or
illegal transportation or trade.
(4) Nuclear reaction or nuclear radiation or radioactive contaminat ion; 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 LOOMIS; however, subject to Ile foregoing
and to all other provisions of this contract, LOOMIS shall be liable for direct loss by fire resulting from nuclear
reaction or nuclear radiation or radioactive contamination.
(b) Shortages claimed in the contents of the sealed or locked shipments.
(c) lion at my me not to delays;
xceed the ax mum amount ssttalted in the schedule on page I Property reof Ineaddition, its
LOOMIS iable for the safety Of MY shall not be liable under any circumstances forconsequential or incidental damages orlosses.
(d) LOOMIS shall not be liable to customer for failure to fumish any vehicle or render any service if prevented by wars,
fires, stokes, or other labor troubles, acts of God, or other causes beyond its control, or where during the existence
Of any strike or labor disturbance LOOMIS demrmines that in its judgment the same may endanger the safety of
CUSTOMER'S cargo or LOOMIS' vehicles or employees.
(e) Breakage of statuary, marble, glassware, brit -a- brat, porcelains and similar fragile articles.
IN WITNESS WHEREOF, LOOMIS and CUSTOMER have caused this contract to be signed by their duly authorized
representatives on the reverse side hereof.
Im
Sedgwick James
Sedgwick James of Calitornia, Inc.
PO S, =7601 SalFanoscc Ca' c"a9.120 -76CI
'elect care u159835600 'oe.820236 Fac,mnr 115 398 1841
MEMOR,CNDIJM OF INSURANCE, (?
CER "NFICA'IT NO: oo0046
-IBIS MkMORANDUM gives mtnrmauon as to the Insurance poliey(les) referred to below and se¢ forth certain features
tit the cuvernge as stated In solid puhcy(ies) as of Its effcorvc date: Said pobry(ies) which contains the full provisions of the
contract and Insurance granted thereby is subject to endorsement, alteration, transfer, assignment and cancellation without
notice to the holdegs) of this memorandum.
This is the certify that Underwriters at Lloyd's. London have issued various Policies m:
LOOMIS ARMORED INC., I Kaiser Plait, Oakland CA 94612.
('OVFRING: Within and /or between the United States of America and /or the Dominion of Canada and /or Mexico: however
with respect to Mexico only within 50 miles of the International border. It is further agreed that this coverage will emend
to cover shipments originating within the United States of America and /or The Dominion of Canada and shipments
ungmntng outside the United States of America and/or the Dominion of Canada to places within the United States of
America and /or the Dominion of Canada: also between places in the world.
I or an amount not to exceed One Million Dollam 1$1,O00,000.00)
on property on board any one conveyance and in any other one place at any time.
Commencing on 1 July 1992 and ending on 30th June 1993 both days at Midnight Local Standard Time.
Cowering the liability assumed by the Insured for loss or damage• from any cause whatsoever except as hereinafter excluded,
to property of customers, consisting of money, currency, coin, bullion, gold, silver, platinum, gold and /or silverware, jeweity,
furs, precious stones, bank notes Signed or unsigned, Ihdcral Reserve notes, legal tender, uncancelled postage and revenue
stamps. cheques, clearing house cheques, drafts, bills of exchange, warrants, money Orders, bonds, debentures, scrip
certificates, hills of lading, warehouse receipts, notes. coupons, trade acceptances, certificates of deposit, certificates of stock,
negovable and nun- muotshic securities, evidence of debt, blank travellers cheques, cheques and other instruments of
payment in the proc'CS, of collector not othertase negotiable. cash cuter,, letters of transmittal, travellers cheques, bank
clearings. mail, bookkeeping ledgers and records, time cards. data processing records, business records, and any other
documcnrs, instruments, items or articles of it similar nature and /or any other valuable documents or articles.
EXCLUDING loss or damage caused by or resulting from:
n. Hostile or warlike onion in rime of peace or wan including action hindering, combating or defending against
an actual, impending or expected attack;
(1) by any, government or sovereign piaser (de jive or defano) or by any aathon0, maintaining or
using mahlam naval or air forces: or'
f2) by militam natal or an f'anres; or
/.t) by an agent of anv such government porter, aulhorin, or forces.
L Any weapon oj' win employing atomic fission of nrdioaenye force whether in dote of peace or war,
C, Insun'ection. rebellion. rerohaionr coil wzr um ped power, at anion taken by gorernmeaal aohorip• in
hindering, combating ail defending uguinvt ouch on occurrence; s'eiume or destruction under quarantine or
ntnoms regulations; confiscation br order of anv government or public auhrosinl; or risks of contraband or
illegal rareporiation or wade.
d. Nuclearoociton or nuclear radiation or radioactive contamination. ill whether controlled a uncontrolled,
and whetter such loss be direct nil indirect, proximate or renrnr, or be in whole ail in pan caused by,
contributed m. or aggravated by the perils) insured against in this policv(ies): however; subject to the
foregoing prvruion of this policr(iesi, direct loss by fire resuling from nuclaar reaction or nuclear radiation
or radioactive ceaanination is insured against kv this policy(tes't.
'Ibis Memorandum of Insurance is issued only as it matter M information and confers no rights to the holder. Should any
of the above described pollicies be cancelled before the aspiration elate thereof, the issuing company will endeavor to mail 30
dips written notice to the certificate holder named below. but fuilurc to maul such notice shall impose no obligation or liability
of arc kind uptm the companv. Its agents or rcpresentntves.
Dutc: July 23, 1992
Amount of Liability: Pursuant to contract between Carrier and Customer.
Contract Reference:
Certiicale Issued to: Los Gatos Town Attorney
Address: Town Clerk's ClfIfice
110 F Main St.
Los Gatos, CA 95032
y�>
Sedtnvtck James of California Inc.
IiV t *i /•n1I ir.] %] Seagwmx James'nscracce aroxers
. want¢ Bmxea Risx Semmes Employee Retains
AMENDMENT
LOOMIS ARMORED INC.
HOLIDAY SCHEDULE 91' - 92'
THANKSGIVING DAY
CHRISTMAS DAY
NEW YEAR'S DAY
MARTIN LUTHER KING DAY
PRESIDENTS DAY
MEMORIAL DAY
INDEPENDENCE DAY
LABOR DAY
COLUMBUS DAY
VETERAN'S DAY
THANKSGIVING DAY
CHRISTMAS DAY
EXHIBIT " B "
November 28, 1991
CLOSED
January 1, 1992
January 20, 1992
Pebruary 17, 1992
May 25, 1992
July 4, 1992
September 7, 1992
October 12, 1992
November 11, 1992
November 26, 1992
CLOSED
LOOMIS ARMORED INCORPORATED
Amendment to Contract
Amendment to contract dated July 1, 1992 between Loomis
Armored Inc. and, Town of Los Gatos
Customer
By mutual consent, effective on and after July 1, 1992 said
contract is amended in the following particulars, to wit:
EXCESS PREMISE TIME: The rate is based on a specified
premise time at the customer's location of four (4). When a
customer requires additional time, charges will be made on a
reported basis assessed at the rate of $3.00 per minute.
After waiting unattended for 10 minutes the crew person will
leave the location. If called back, it will be considered a
SPECIAL and the customer will be charged accordingly.
EXCESS LIABILITY: The excess charge per $1,000.00 or
fraction thereof exceeding the agreed to contract liability
will be billed at $0.20 per $1,000.00 up to $1,000,000.00.
NON — SCHEDULED /HOLIDAY SERVICE: No service will be performed
on Saturday, Sunday or holidays observed by Loomis unless
Specified in this contract. Any such services performed will
be priced at a mutually agreeable rate prior to the
performance of the requested service.
RESEARCH OF DOCUMENTS: There iv" l`1 be a fee of $55.00 per
hour for all research of Loomis documentation, at the
customer's request.
CHANGE ORDER SHIPMENTS: Received from financial institution
specified by owner and delivered at time and place of deposit
shipments.
It is mutually agreed that Town of Los Gatos
responsible for the -- - - - - - -- ----- -- - - - - -- will be
this contract.
payment of the charges associated with
Except as amended above, the original agreement between the
parties hereto remains unchanged and all terms, conditions
and limitations remain in full force and effect.
As herein amended said contract is hereby ratified and
agreed to;
IN WITNESS WHEREOF the parties hereto have executed this
the T( FO'RM. day of July 19 92
--- ---------------- - - - - -- LOOMIS ARMORED INC.
KAQH
'ON, TOWN ATTORNEY
By ev
-----------------
-----------------------
DAVID W. KNAPP TITLE.
TITLESOWtt_MANAGElL_____ --_ -- ------------------ - - - ---
ATTEST:
MARIAN V. COSGROVE, TOWN CLERK
EXHIBIT A
INSURANCE REQUIREMENT
Loomis Armored Inc. (Vendor) will maintain minimum limits of insurance of $1,o00,000 combined
single limit per occurrence for bodily injury, personal injury and property damage.
2. The policy or policies are to contain, or be endorsed to contain the following provisions:
a. The Agency, its officers, officials, employees and volunteers (the Town) are to be covered
as insureds as respects: products and completed operations of the Vendor. The coverage
shall contain no special limitations on the scope of protection afforded to the Town.
b. The Vendor's insurance coverage shall be primary Insurance as respects the Town. Any
insurance or self - insurance maintained by the Town shall be excess of the Vendor's
insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the Town.
d. Coverage shall state that the Vendor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
e. Each insurance policy required by this clause shall be endorsed to state that coverage shall
not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipts requested, as been given to the
Town.
3. Vendor shall furnish the Town with certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements for each insurance policy are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be on forms provided by the Town and are to be received and approved
by the Town before work commences. the Town reserves the right to require complete, certified
copies of all required insurance policies, at any time.
1;K4