HomeMy WebLinkAboutRichmond County Tax Commissioner's Office
Augusta Richmond GA
DOCUMENT NAME: ~\dlmc::r'd tcumy '\Q')( Corum \ S~\()Jer S
~c-e.-
DOCUMENT TYPE: ~ '( eeffiec\-\-
YEAR: C\.15
BOX NUMBER: CJ--.\
FILE NUMBER: \ "t> D 6l\
NUMBER OF PAGES:
3
,
~..... -, ~..",,'\
,.dg
~~
SERVICE AGREEMENT
The following paragraphs eX1>lain the services, roles and responsibilities between ("CUSTOMER") Richmond County Tax
Commissioner's Office
30901
491 Laney Walker Blvd. Augusta, GA
(street address) (city) (state)
and LOOMIS, FARGO & Co, ("LF&Co"), a Texas corporation with offices at, Augusta, GA
490 Bay Street Augusta, GA 30901
(street address), (city) (state) (zip)
the ,provider of armored car services. If additional locations are added, consistent terms and services will be maintained, These
promises for such services and their related payments form the basis of this Agreement, made this 26th day of Januarv, 1998,
(zip)
1. Service: LF&Co agrees to pick up and receive from CUSTOMER, or any designated agent, securely sealed or locked
shipments which may contain any or all of the following: currency, coin, checks, securities, or other valuables, If the shipment
container(s) does not appear to be securely locked or sealed, LF&Co reserves the right to refuse such container(s) and will not
receive said container(s) from the ,CUSTOMER or its designated agent. If LF&Co accepts sealed container(s), LF&Co will give
CUSTOMER a receipt for said sealed container(s), transport and deliver same sealed container(s) to the consignee designated by the
CUSTOMER CUSTOMER agrees that it will not conceal or misrepresent any material fact or circumstances concerning the
property delivered to LF&Co pursuant to this Agreement. The fee is based upon the agreed upon liability limit(s) and level(s) of
service provided by LF&Co as stated in the body of this Agreement and as listed on Exhibit A. If additional or special services are
required, CUSTOMER and LF&Co agree to negotiate fees for these other services, Before these services commence, a written
amendment will be attached to this Agreement confirming these additional services,
2, Term: Service will begin on the ~day of Februarv, 1998 and shall continue for a period of ---1- year(s), At the
expiration of this contract, this Agreement shall automatically be extended for successive like periods until terminated by either party
on sixty (60) days written notice prior to the anniversary date, CUSTOMER agrees that LF&Co is the exclusive provider for these
services,
3. Billin!! and Payment: LF&Co reserves the right to increase the service fee(s) based upon the year to year changes in the
Consumer Price Index (CPI), CUSTOMER agrees to pay LF&Co within fifteen (15) days of presented periodic invoices which shall
include any applicable federal, state or local taxes. In addition, CUSTOMER agrees to pay LF&Co a service charge of one and one-
half percent (1.5%) per month or eighteen percent (18%) per aQnum or such lesser rate as may be required by law, of the amount
unpaid by CUSTOMER, as is due and payable to LF&Coon all invoices not paid in full within thirty (30) days of the invoice date,
4, Rate Adiustment: Subject to CUSTOMER's consent, LF&Co may adjust the fee(s) based on increased cost of operations,
Such consent may be evidenced verbally, in writing or by the actions and practices of the parties, In the event that CUSTOMER
refuses to consent to such adjustment, LF&Co shall have the right to terminate this Agreement upon sixty (60) days written notice to
CUSTOMER
5. Liabilitv: LF&Co agrees to assume the liability for any loss of the securely sealed container(s) from the time LF&Co signs
for and receives physical custody of the sealed container(s), LF&Co's responsibility terminates when the CUSTOMER or its
designated consignee takes physical possession of the sealed container(s) and signs LF&Co's receipt. If it is impossible to complete
the delivery, LF&Co shall be responsible until the. sealed container(s) is returned to the CUSTOMER or its designated agent and a
signed receipt obtained, While the sealed container(s) is stored in the CUSTOMER'S premises, LF&Co does not assume the liability
for any loss.
6, Claim Procedures:
a) In the event of a loss, CUSTOMER agrees to notify LF&Co in writing within four (4) calendar days after the loss is
discovered or should have been discovered in the exercise of due care, The CUSTOMER agrees any loss shall be reported to LF&Co
within forty-five (45) days after the pick-up by LF&Co of the securely sealed container in connection with which the loss is asserted,
Unless such notice has been made within this forty five (45) day period, such claim shall be waived by the CUSTOMER It is agreed
that both parties will work together to determine the extent of the loss, and if possible, the cause of loss.
b) CUSTOMER agrees it will cooperate and assist in reconstructing lost, damaged, or destroyed checks constituting a part of
any loss, The term "Reconstruction" is defined to mean the identification of the checks only to the extent of determining the face
amount of said checks and the identity of the maker or endorser of each. CUSTOMER agrees in the event of a loss, that any liability
of LF&Co shall be reduced by the face value of reconstructed checks, CUSTOMER shall elect or decline the CHECK LIMIT
AMOUNT by initialing the appropriate box below;
v
~Iect
Decline
CHECK LIMIT AMOUNT: CUSTOMER agrees LF&Co's sole liability for any or all lost, damaged or destroyed checks
shall not exceed Ten Thousand Dollars ($10,000). The CHECK LIMIT AMOUNT is the maximum that will be paid by LF&Co for
the reasonable costs to reconstruct the checks, any necessary cost because of stop-payment procedures and the face value of checks
which can not be reconstructed. For purposes of calculating. the Liability Coverage per Shipment Amount or Excess Liability
Coverage (referred to in Section 15), the total value of the shipment shall be deemed to be the sum of the currency, coin, securities or '
other valuables plus the lesser of the CHECK LIMIT AMOUNT or the actual face value of all checkS lost, damaged, or destroyed,
If however CUSTOMER rejects the CHECK LIMIT AMOUNT, LF&Co's liability except as othenvise stated in this
Agreement, shall be the payment to the CUSTOMER for the costs necessary to reconstruct the checks, any necessary cost because of
stop-payment procedures and the face value of checks which cannot be reconstructed,
'"'-
1
\
-:-
c) Notwithstanding anything set forth in this Agreement to the contrary, the sole liability of LF&Co (except as stated in this
Agreement) in the event of a loss, from whatever cause, shall be subject to the Liability Coverage per Shipment Amount set forth on
the attached Exhibit(s) or the Excess Liability Coverage, if not declined by the CUSTOMER.
d) Upon the request of LF&Co, CUSTOMER will furnish a proof of loss to LF&Co or its insurance carrier. Once
reimbursement has been made to CUSTOMER, LF&Co and its insurer shall receive any and all of the CUSTOMER'S rights and
remedies of recovery.
7, Limitations & Force Maieure:
a) The CUSTOMER agrees that LF&Co will not be liable for any loss caused by or resulting from shortages claimed in the
contents of the sealed or locked shipment(s), for consequential or incidental damages or losses, non-performance or delays, or for the
breakage of statuary, marble, glassware, bric-a-brac, porcelains and similar fragile articles, Likewise, LF&Co shall not be liable to
CUSTOMER for failure to render service if in LF&Co's judgment the same may endanger the safety of CUSTOMER'S property or
personnel or LF&Co's vehicles or employees,
b) It is further agreed LF&Co' shall not be held accountable or liable for any damages or losses, 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 LF&Co, resulting from:
(i) Hostile or warlike action in time of peace or war, including action hindering, combating or defending against an actual,
impending or expected attack; (1) by any government or sovereign power (de jure or defacto) or by any authority maintaining Or
using military, naval or air forces; or (2) by military, naval or air forces; or (3) by any agent of any such government, power
authority or forces.
(ii) Nuclear reaction, nuclear radiation, radioactive contamination or any weapon of war employing atomic fission or
radioactive force whether in time, of peace or war.
(Hi) 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 re8'llations; confiscation by
order of any governmental or public authority; or risks of contraband or illegal transportation or trade,
(iv) Acts of God, strikes, labor disturbances, while shipments are being transported by aircraft (including air piracy,
explosion, crash or other incident on board the aircraft), impostor pick-up or deliveries, or other conditions or circumstances beyond
LF&Co's reasonable control,
8. Disputes: CUSTOMER and LF&Co agree that any controversy or claim, including any claim of misrepresentation, arising
out of or related to this Agreement, or the furnishing of any service by LF&Co to CUSTOMER, shall be settled by arbitration under
the then current rules of the American Arbitration Association, The arbitrator shall be chosen from a panel of persons
knowledgeable in the fields of financial institution security operations and armored car services. CUSTOMER and LF&Co agree to
equally share in the cost and fees of this resolution process, The decision and award of the arbitrator shall be final and binding,
Judgment upon the award so rendered may be entered in any court having jurisdiction thereof. Any arbitration hereunder shall be
held in Houston, Texas.
9. Container Value Limitation: CUSTOMER acknowledges and agrees that the maximum value which LF&Co will transport
in any individual container will not exceed two hundred fifty thousand dollars ($250,000), If the total value of a shipment which
CUSTOMER seeks to tender to LF&Co exceeds two hundred fifty thousand dollars ($250,000), such shipment must be broken down
into separate shipment containers of two hundred fifty thousand dollars ($250,000) or less, If CUSTOMER has elected the CHECK
LIMIT AMOUNT in Section 5 (b) above, the total value of a shipment for purposes of calculating the Container Value Limitation,
shall be the sum of the currency, coin, securities and other valuables plus the lesser of the CHECK LIMIT AMOUNT or the actual
face value of all checks,
10. Holidav Senice: LF&Co agrees to provide service as stated in the Agreement with the following holiday exceptions: New
Year's Day, Martin L, King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Columbus Day,
Thanksgiving Day, Christmas Day and any Local Applicable Observed Holiday. Charges for service on above days will be $ 75.00
per pick-up excluding Christmas Day. LF&Co will not provide Christmas Day service.
11. Wahine: Time: In the event the CUSTOMER requires additional time, a charge of $ 1.00 per one (I) minute will be
assessed after the first five (5) minutes, Over fifteen (15) minutes, LF&Co may elect to depart from the CUSTOMER'S location,
Should LF&Co be requested to return, the pick-up will be rescheduled as a Special Pick-up and will be charged at an agreed to fee
prior to rendering service.
12, Research Fee: A fee of$ 30.00 per hour will be charged for research ofLF&Co's documents or receipts that have aged
over sixty (60) days, unless it is determined to be an error of LF&Co.
13. S{>eciaJs: Unscheduled pickups or deliveries are available under the same conditions and provisions of this Agreement.
Prices are quoted upon request.
14. Excess Item Handline:: Afeeof$ N/A
items per shipment.
per item is assessed when the number of items or containers exceed Nt A
15. Excess Liabilitv Covera2e : LF&Co reserves the right to refuse tender of a shipment in excess of the Liability Coverage
per Shipment Amount as set forth in Exhibit A. However, LF&Co shall accept tender of a shipment in excess of the Liability
Coverage per Shipment Amount with CUSTOMER agreeing to pay LF&Co $ .30 per $1,000 or fraction thereof for any amounts
which exceed the Liability Coverage per Shipment Amount. CUSTOMER by paying this additional fee will obtain full dollar
coverage of any or all losses, subject to the other provisions of this Agreement.
'..
I
..
~,
"' -.-.
';
If CUSTOMER does not desire this Excess Liability Coverage, CUSTOMER must decline Excess Liability Coverage by initialing
the box below:
Decline
If CUSTOMER declines Excess Liability Coverage, liabilities covered under this Agreement are limited to the Liability Coverage per
Shipment Amount.
16. Entire Ae.reement: This Agreement shall be governed by, construed and enforced in accordance with the laws of the State
of Texas, This Agreement may be altered. amended or superseded by amendment upon the consent of both parties, This Agreement
shall not be assignable by either party without the prior written consent of the other party, This Agreement constitutes the entire
agreement and understanding between the CUSTOMER and LF&Co. Any representations, inducements, promises or agreements not
contained in this Agreemen~ shal-' not be o~i1ny force and eITect. The undersigned individual signing this Agreement on behalf of the
CUSTOMER acknowledges that he or she has read and understands the tenns and conditions of this Agreement and that he or she
has the authority to sign the Agreement on behalf of the CUSTOMER.
CUSTOMER
By
Title
Date
~~&Ci;' .~.,
Title -. f~ . ~~
Date. ." $.
Exhibit A
Page 1 of 1
CUSTOMER and LF&Co agree to the following:
Schedule for Services: Coniunctive oickuo and delivery of items at the fbllowing location(s) to/from a designated location.
LF&Co
BRANCH
UNIT #/
LOCATION
LIABILITY COVERAGE
per SHIPMENT AMOUNT
SERVICE FEE for
FREQUENCY SERVICE
5 x a week $440.00
(Mon - Fri) per month
5 x a week $440.00
(Mon - Fri) per month
5xaweek $440.00
(Mon - Fri) per month
5 x a week $440.00
(Mon - Fri) per month
4350
Main Tag Office
491 Laney-Walker Blvd,
Augusta, GA 30901
$50,000,00
4350
South Augusta Tag Office $50,000,00
2029 Lumpkin RD
Augusta, GA 30906
4350
Tax Comm. Office $50,000.00
530 Greene St., RM 117
Augusta, GA 30901
4350
Municipal Building $50,000.00
530 Green Street
Room 113
Augusta, GA 30906
4350
2760 Peach Orchard Rd $50,000.00
Augusta, GA 30906
5 x a week
(Mon - Fri)
$440,00
per month
Contact PerllOn: Jerry Sams
Phone Number: 706-821-2422
Date
~/; ,r
'2--/10/'18
z/;v/~ 1/
Geri A. Sams, Purchasing
Max Hicks, Utilities
Date
Jerry Saul, Tax Comm.
Date