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ARMORED TRANSPORT SERVICE 7-1-2000 TO 6-31-2000 Hillsboro Armored I Transport Company 2810 North 34th Street · Tampa, Florida 33605 (813) 248-1103 I THIS AGREEMENT, made this 30th day of June , 19 200Between HiIlsboro Armored Transport \ city) (state) (he~ibl~J\:~'~~~.") and Tampa Florida 33605 CITY OF CLEARWATER (customer) 100 S MYRTLE AVP (Sfreel aadress) CLEARWATER (city) , Florida 33755 (state) WITNESSETH: For and in consideration of the mutual covenants and agreements and of the payments hereinafter mentioned, the p<lrties hereto agree as follows: 1. H.-A.T. agrees to call for and to receive from CUSTOMER, or its designated agent, and to receipt therefor, sealed or loc~ed 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 are based on the liability assumed by H.AT. pursuant to Paragraph 7 hereof: 2. The CUSTOMER and H.AT. agree that all service performed for the CUSTOMER by HAT. in addition to service specified in this agreement and its exhibits, unless such service is performed pursuant to a separate written agreement J:,etween CUSTOMER and H.AT. shall be performed pursuant to the provisions, terms and conditions of this agreement and that the provisions, terms and conditions of this agreement 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 FREQUENCY OF LIABILITY SERVICE SERVICE (DAYS OF WEEK) PER SHIPMENT CHARGES Call At: CITY OF CLEARW A' ~ER Mon-Fri $..100,000............ $336.00 100 S MRYTLE Maximum per month Deliver To: Bank of America $...1t>AtM2~......... . - Call At: $............................. Bank of America Mon-Fri ~Mnum included in Deliver To: $............................. (checks rit" nf'r' Average n Attached hereto are properly executed amendment(s) to this contract as Exhibit(s) ........................................................... 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. 3. The CUSTOMER agrees it will cause all Property delivered into the care of H.AT. 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 H.AT. pursuant to this agreem'.nt. 4. The CUSTOMER agrees to pay H.AT. 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 a~rees the CUSTOMER shall have no right of offset against H.AT. charges for services rendered. H.AT. reserves the Tight to renegotiate the service charge stated in this agreement, if, during the effective period of the contract as defined by Paragraph 5. H.AT. insurance costs increase by more than percent. Should the parties fail to reach an agreement after thirty (30) days, H.AT. 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 agreementshail commence on , 19 , and shall continue for a period of . At theJttol)1imtion of the time set forth in the pre~~ sentence, the agreement shall be automat5fleY'VJt.~pd~d from month to month until either terminated by either party on thirty (30) days written notice or until a new agree men liS Signed. 6. No waiver by H.AT. 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 Writl~~. CUSTOMER Title: HILLSBOROAR~OR~ By /~ /"---0 Title: (" I:- By ~ I I (Continued) 7. H.A.T. 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 H.A.T. 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 H.A.T. does not assume liability for Property while in safe(s) on the CUSTOMER'S premises. The sole liability of H.A.T. in the event of loss from whatever cause, except as hereinafter further limited, shall be 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 H.A.T. 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, H.A.T. liability except as limited hereinabove shall be the payment to the CUSTOMER of: . (a) Reasonable costs necessary to ~econ~truc:t the checks.plul' 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", "reconstructed", and "reconstruction" 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 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. 8. The CUSTOMER agrees to notify H.A.T. 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 H.A.T. 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. H.A.T. 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 H.A.T. has disallowed the claim in whole or in part. The CUSTOMER further agrees to furnish proof of loss in a form satisfactory toH.A.T. or :lS insurer and promptly assist H.A.T. or its insurer in all ways pertaining to recovery of said loss. Upon payment of loss hereunder, H.A.T. or its insurance company shall be subrogated to all the CUSTOMER'S rights and remedies of recovery therefor. 9. H.A.T. agrees to cover with insurance the liability assumed in Paragraph 7 and a certificate of such insurance will be furnished to the CUSTOMER upon written request. For the protection of CUSTOMER in view of the liability assumed in Paragraph 7, CUSTOMER or H.A.T. may cancel and terminate this agreement upon one (1) day written notice in the event H.A.T. cargo insurance shall be either cancelled or substantially altered or H.A.T. insurance underwriter shall notify H.A.T. of its intention to cancel or substantially alter H.A.T. cargo insurance. 10 Notwithstanding any other provisions of this agreement, it is agreed H.A.T. shall not be liable for any loss caused by orrcsultingfi'om: Un - - . m - - . - . . (a)(l) 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 forces. (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 governmental authority in . . hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulatigns, 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 H.A.T. however, subject to the forgoing and to all other provisions of this contract, H.A.T. 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) Non-performance or delay~; but H.A.T. agrees '0 be liable for the safety of any Property received into its possession at any time not to exceed the maximum amount stated in the schedule of page 1 hereof. In addition, H.A.T. shall not be liable under any circumstances for consequential or incidental damages or losses. (d) RA.T. shall not be liable to customer for failure to (urni&h any vehicle or render any service if preyented by wars, fires, strikes, or other labor troubles, acts of God, or other causes beyond its control, or where during the existence of any strike or labor disturbance H.A.T. determines that in its judgement the same may endanger the safety of CUSTOMER'S cargo or H.A.T. vehicles or employees. .-.. I I 111111 -==- HILLSBORO ARMORED TRANSPORT COMPANY 2810 N. 34TH STREET TAMPA, FLORIDA 33605 (813) 248-1103 RIDER TO CONTRACT BETWEEN HlLLSBORO ARMORED TRANSPORT COMPANY AND CITY OF CLEARWATER Effective July 1, 2000 to June 31, 2001 the above contact is amended to add the following. SERVICE LOCATIONS CITY OF CLEARWATER 100 S MYRTLE CLEARWATER, FLORIDA 33755 SERVICE REQUIREMENTS AND CHARGES Monday through Friday service to said location; Service Charges will be $336.00 per location per month. ADENDUM TO CONT ARCT 1. Paragraph 4 in contract to be removed and be replace with the following. 2. Customer may terminate contract with written notice. 2a. The penalty for late or missed service shall be prorated for each day City is without service. City can cancel if service is late to missed more than two(2) times per month. HOLIDAYS Hillsboro Armored Transport Company observes all Bank holidays, customers requesting service will be charged a rate of$25.00 per pick-up or delivery. If you choose not to have a pick-up or delivery on that particular day please notifY us a week in advance. (1) /l.o .-.. 1 t 111111 -==- HILLSBORO ARMORED TRANSPORT COMPANY 2810 N. 34TH STREET TAMPA, FLORIDA 33605 (813) 248-1103 RIDER TO CONTRACT BETWEEN HllLSBORO ARMORED TRANSPORT COMPANY AND CITY OF CLEARWATER CITY OF CLEARWATER, FLORIDA BY] - Michael J Roberto City Manager Approved as to from: Attest: ~v;J r ) ~ " . ".. - \ . J . '. ) A-. ((' - ~-'-<..::~~. . John Carassas Assistant City Attorney C hia E. Goudeau City Clerk Jd/- /' / / Danny Persaud / CEO Hillsboro Armored Transport Company l'fJ