Res 2673 11/18/1980RESOLUTION NO. r7 `I,h'
RESOLUTION APPROVING CONTRACT WITH PUROLATOR
ARMORED INC. FOR ARMORED CAR SERVICE.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
between the City of Wichita Falls and Purolator Armored Inc. ,
for armored car service, is hereby approved, and the City
Manager is authorized to execute the same for the City of
Wichita Falls.
PASSED AND APPROVED this the 18th day of November, 1980.
MAYOR
ATTEST:
City Clerk
Purolator Armored Inc.
AMENDMENT TO CONTRACT
Aincudn.Cn1 to O III:WI dated November 1 , 1980 t.l..,a I u L lul A....i l u: ,410,1
CITY OF WICHITA FALLS
Wichita Falls , Te:.a.,
fly g1111Na1 consent,el le:ll c ell du.l atIW December 1 , 1 980 41,1,cult n I I%.11111:M C.1 ell III I,1t IUw1III
peIIsCularb. to wn:
HOLIDAY SERVICE: An additional charge of $20 . 00 per pickup will
be included tor service on the fulluw.iny days :
New Year ' s Day
Washinytuns Birthday
Memorial Day
July 4th
Labor Day
Thanksyivincj Day
Christmas Day
WAITING TIME: A maximum of 5 minutes is allowed per stop. In
the event a customer CONSISTENTLY requires additional
time, charges ' will be made on reported basis at the
following rates:
1 - 5 minutes - base service rate
6 - 10 minutes - $5 . 00 extra
10 - 15 minutes - $9. 00 extra
Over 15 minutes - leave customer and pickup at later
time„ and charge customer' $35 . 00 for
special pickup.
I:x.c131 as amended:Above,the Ur 111111.11 aarrrelrut between the parties hereto aurae,un.haug.d.IIJ 411 Id II . .,,miluun+.1114 1111r11a11uu,ren aut
u1 the lull luree 441111 elket.
A>, herein amended said Contract is hcrehy ratified and confirmed.
IN WITNESS WHGREt)t the ',miles hereto have executed Ihla rider the day u1 19
Purolator Armored Inc.
uY
Malvin F. items
CITY OF 'WWICHITA FALLS
CUSTOMER
till l: Scniul. Iteytein.11 Vice 1'l.Lsldc:ht
t Xtlllil l " A "
Purolator AC-1
armored
THIS AGREEMENT, made this 1 t day of iloyembetr, 19 dU , between Purolator Armored Inc.,
H, tEt-,SQ U`l r.'."r h,..>T Division, °S I CH I'i't-. TEXAS
city) state)
hereinafter called "PUROLATOR") and CITY (2)i-i' 'vt`ICiiITA
custunci)
1300 7th Street Wichi a h'al,io l 76307
street address) city) tstsl.) zip)
hereinafter called the "CUSTOMER"),
WITNESSETH: For and in consideration of the mutual covenants and agreements and of the pay-
meltts hereinafter mentioned, the parties hereto agree as follows:
1. PUROLATOR agrees to call for and to receive from CUSTOMER, or its designated agent, and to re-
ceipt therefor, sealed or locked shipments containing currency, coils, 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 are based on the liability assumed by PUROLATOR, pur-
suant to Paragraph 6 hereof:
SCHEDULE
FREQUENCY OF
SERVICE LIABILITY
SERVICE DAYS OF WEEK) PER SHIPMENT CHARGES
Call At: 1300 7th Street - Monday thru $2 , 000, 000. ; 280.50
1 )Tax Dept. 2_ )Utility Coil. Friday P.M. Maximum per i.Tonth
l efive
Accounting Dept. 85
r o
City National Lank Average
1ir•bit8 Fa11c , (Y E,xnP
S
Call At:
Maximum
Deliver To:
Avei age
Attached hereto are properly executed amendment(s)to this contract is Exhibit(s) A
the terms and conditions of which are incorporated herein as if fully set out. Insofar as special provisions contained in
said amendment(s)hereto conflict with any of the provisions herein,such special provisions shall control.
The above schedule shall be performed on PUROLATOR's regular routes unless otherwise stipulated in
Exhibit -- attached hereto.
HOLIDAY SERVICE — If a day designated in the above schedule or any schedule amendments falls on a
Sunday, bank, legal or other holiday, the charges for such holiday service shall be as specified in Exhibit
A
2. The CUSTOMER agrees it will cause all property delivered into the care of PUROLATOR 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 deliver-
ed to PUROLATOR pursuant to this agreement.
3. The CUSTOMER agrees to pay PUROLATOR 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.
T. SUBJECT TO THE TERMS AND CONDITIONS ABOVE AND ON .1Iit. REVERSE SIDE HEREOF,
service under this agreement shall commence on Dr't=ember I : l,;‘:-0 and shall continue for
a period of 30 c,',yS At the expiration of the time set forth in the preceding sen-
tence, the agreement shall be automatically extended from month to n)"rntii until either terminated by
tither party on thirty (30) clays' written notice or until a new agreement as s)i;n:cf.
5. No waiver by PUROLATOR of au tread: of any provision; he). u; ,i;,,il eonstitute a waiver of any
other breach or of `ucli provision. All poor al'lc,.'(nents between the l's;lIes tit their predecessors pertain-
ing to the services specified in the schedule on pad. 1 hereof are supe•rscicur t ' this agreement.
IN WITNESS WHEREOF, the parties her: t, have executed tin, of the day and year first
Above written.
US t,1.R PUROI A I OR :AK\IOREI) INC.
B
it
RF:V.
Continued)
6. PUROLATOR 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 PUROLATOR until such time as it is de-
livered to the consignee designated by the CUSTOMER to receive same. or, in the event of non-delivery,
until its return to the CUSTOMER,but PUROLATOR does not assume liability for property while in safe(s)
on the CUSTOMER'S premises. The sole liability of PUROLATOR in the event of loss from whatever cause,
except as hereinafter further limited, shall he payment to the CUSTOMER of the declared value as appears
on the shipping document, which sum shall not exceed the maximum amount set forth in the schedule on
page 1 of this contract for the designated shipment.
The CUSTOMER agrees with PUROLATOR 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 as to said checks,
PUROLATOR'S liability except as limited hereinabove 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 checks which cannot be reconstructed.
It is understood and agreed by the parties to this agreement that the words "reconstruct", "recon-
structed", and "reconstruction" shall mean to identify the checks only to the extent of determining the
face amount of the said checks and the identity of the maker or the endorser of each. It is further under-
stood and agreed that the word "shipment" wherever used in this agreement shall mean a single consign-
ment of one or more items of property from one shipper at one time at one address to one consignee at one
destination address.
7. The CUSTOMER agrees to notify PUROLATOR 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 after delivery to PUROLATOR 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. The
CUSTOMER further agrees to furnish proof of loss in a form satisfactory to PUROLATOR or its insurer
and promptly assist PUROLATOR or its insurer in all ways pertaining to recovery of said loss. Upon pay-
ment of loss hereunder, PUROLATOR or its insurance company shall be subrogated to all the CUSTOM-
ER'S rights and remedies of recovery therefore.
8. PUROLATOR agrees to cover with insurance the liability assumed in Paragraph() and a certificate of
such insurance will be furnished to the CUSTOMER upon written request. For the protection of CUSTOM-
ER in view of the liability assumed in Paragraph 6, CUSTOMER or PUROLA FOR may cancel and termi-
nate this agreement upon thirty (30) days' written notice in the event PUROLATOR'S cargo insurance shall
be either cancelled or substantially altered or PUROLATOR'S insurance underwriter shall notify PUROLA-
TOR of its intention to cancel or substantially alter PUROLATOR'S cargo insurance.
9. Notwithstanding any other provisions of this agreement, it is agreed PUROLATOR shall not be liable
for any loss caused by or resulting from:
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 jure or de facto), or by 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
Government, power, authority or fords.
2) Any weapon of war employing an atomic fission or radioactive force whether in time of
peace or war.
3) Insurrection, rebellion, revolution, civil war, usurped power, or action taken by Govern-
mental authority in hindering, combating or defending against such an occurrence, seizure
or destruction under quarantine or customs 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 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 PUROLATOR; however, subject to the foregoing and to all other provisions
of this contract, PUROLATOR shall he liable for direct loss by,lire resulting from nuclear
reaction or nuclear radiation or radioactive contamination.
b) Shortages claimed in the contents of the scaled or locked shipments.
c) Non-performance or delays; but PUROLATOR agrees to he for the s:,fety of any Property
received into its possession at any tune not to exceed the maximum amount stated in the sLbed-
ule on page 1 hereof.
d) PUROLATOR shall not be liable to customer for failure to furnish any vc hide or render . ay
service if prevented by wars, tires, strikes, or other labor trouhies, acts of God, or NA here during
the existence of any strike or labor disturbance I'UROI Al OR determines that in its ludement
the same may endanger the safety of (-LSTOM1-R'S c.ugo or PL Pt)LA I OR'S vehicles or em-
ployees.
e) Breakage of statuary, marble,glassware, bric-a-brac,porcelains,and similar fragile articles.
IN WITNESS Will-R1.OL. Pli1 OLAlOI: acid ( I:S10\11 R h.,, b\
their duly autltorned represe nlati'es .,ri the reverse side hereol