HomeMy WebLinkAboutGarda World - Armored Car Services (2018)DocuSign Envelope ID: 5E778E31-85B0-4FF9-B922-914FD4FB16CF
GARDHORLD
Contract: 28214 (120-665620)
ARMORED CAR SERVICE AGREEMENT
This Agreement is made on December 15, 2018 by and between GARDA CL WEST, INC Hereinafter called
"CARRIER") and City of Gilroy whose address is 7351 ROSANNA STREET GILROY CA 95020-6141
(Hereinafter called "CUSTOMER").
SECTION I: BASIC AGREEMENT
The Parties both agree as follows:
1. Service: CARRIER agrees to render Services to CUSTOMER at the locations, times, prices, frequencies
and liability limits set forth on Schedule A attached hereto and made a part hereof and upon such other terms and
conditions as are set forth on Schedule A.
2. Insurance: During the Term of this Agreement, CARRIER shall maintain the insurance in the amounts and
types set forth herein.
3. Maximum Liabilitv: The Maximum Shipment Liability shall be as set forth on Schedule A hereof.
4. Term: The Term for Services under this Agreement shall be as set forth on Schedule A.
5. Pavment for Services: CUSTOMER agrees to pay CARRIER for the Services, the sum set forth on
Schedule A per month, plus all additional charges associated with special Service requests and any applicable
surcharges pursuant to Schedule A.
6. Entire Aqreement: This agreement includes the terms hereof, and the terms of service contained in
Schedule A.
SECTION II. DEFINITIONS.
(a) The word "Holiday" as used in this Agreement shall mean the days designated on Schedule A. Holiday
Service will be provided at the prices set forth on Schedule A.
(b) The word "Property" shall mean currency, coins, precious metals, checks, notes, bonds, negotiable
instruments, securities and all other things of value but excluding hazardous materials or materials for
which transport is legally prohibited or restricted by applicable State or Federal Law.
(C) The word "Sealed" as used in this Agreement shall mean closed in a manner that is reasonably designed to
prevent easy access to the Property and that under normal circumstances would tend to reveal evidence of
tampering or manipulation if unauthorized access were attempted.
DS
Contract: 28214 (120-665620) Page 1 of 9 Customer Initials:
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GARDHORLD
(d) The word "Service" shall mean to call for Sealed Shipments said to contain Property, to receipt therefore,
and to deliver the same in like condition to a designated consignee, and to perform any other Services set
forth on Schedule A.
(e) The word "Shipment" as used herein shall mean the total Property in Sealed containers received by
CARRIER at a single location from a single consignor for delivery to one other location to a single
consignee.
(f) The words "Reconstruct", "Reconstructed" and "Reconstruction" shall mean to identify checks only to the
extent of determining the face amount of said checks and the identity of the maker and/or check numbers,
account numbers, routing numbers, financial institution, and the identity of the maker and the endorser of
each.
SECTION III. SERVICE.
(a) Service. CARRIER agrees to render Service to CUSTOMER at the locations, prices, frequencies and
liability limits set forth in Schedule A attached hereto and made a part hereof and upon such other terms
and conditions as are set forth on Schedule A.
(b) Nondeliverables: When delivery of a Shipment cannot be made for any reason, CARRIER shall notify
CUSTOMER and return the Shipment to CUSTOMER or to CARRIER'S vault for storage. Notification of
such return shall be promptly given to CUSTOMER.
(c) Premise Time: CUSTOMER understands that time is of the essence to CARRIER'S business; therefore,
CUSTOMER agrees that CARRIER'S messenger shall be present no more than a maximum of five (5)
minutes to make a pickup and/or delivery of Property. If said premise time exceeds the time stated herein,
it is agreed that the messenger may leave and that such departure shall not be a breach of this Agreement.
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.
SECTION IV. INSURANCE.
(a) All Risk Insurance: CARRIER agrees at all times during the life of this Agreement 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 Agreement.
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 loss or harm to CUSTOMER'S
Property or for damages directly and/or proximately flowing from loss or harm to CUSTOMER'S Property
while said Property is in the possession of CARRIER, nor shall CARRIER'S insurance carrier be required to
cover such damages when same are caused by any of the following:
1. Hostile or warlike action in time of peace or war, including but not limited to, action which hinders,DL
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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 customs regulations, confiscation by order of any government or public authority, or risks
of contraband or illegal transport or trade.
(b) Other Insurance: CARRIER shall maintain during the performance of the Services the following insurance.
(i) Worker's Compensation and Employers' Liability Insurance as prescribed by applicable law.
(ii) Comprehensive or Commercial General Liability Insurance (bodily injury and property damage), the
limits of liability of such Insurance shall not be less than $ 2,000,000 combined single limit per
occurrence.
(iii) Automobile Bodily Injury and Property Damage Liability Insurance, covering owned, nonowned and hired
automobiles, the limits of which shall not be less than $ 2,000,000 combined single limit per occurrence.
SECTION V. CUSTOMER INDEMNITY
(a) Indemnitv: CARRIER agrees to defend, indemnify and hold harmless CUSTOMER from all claims,
demands, actions and causes of action for damage or injury, including death, that are hereafter made or
brought against CUSTOMER by any third party for the recovery of actual damages to the extent caused by
reason of the negligence or willful misconduct of CARRIER, its employees or agents. CARRIER shall have
no defense or indemnification obligation to CUSTOMER to the extent such damage or injury is caused by
the negligence or willful misconduct of CUSTOMER, its employees or agents. In no case shall CARRIER
be liable for or owe any duty of indemnification with respect to any exemplary, punitive or consequential
damage claims by CUSTOMER or any third party arising from the loss or destruction of Property.
CARRIER'S obligation with respect to any claim for damages by CUSTOMER or any third party with
respect to any Property shall not exceed the Maximum Shipment Liability.
SECTION VI. CARRIER LIABILITY
(a) Maximum Shipment Liabilitv: Except as provided above, 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 for each Shipment as set forth in Schedule A, which sum is the agreed
maximum value of any single Shipment ("Maximum Shipment Liability"). 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 herein 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 DS
CARRIER pursuant to the terms of this Agreement, it is therefore expressly agreed by the CUSTOME tl F
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the provisions of this Agreement dealing with Maximum Shipment Liability to be accepted by CARRIER
from the CUSTOMER for delivery to consignee, or from consignee, may not be waived or amended by any
agent of CARRIER, but that such waiver or amendment may be made only with the written consent of an
officer of CARRIER. CARRIER will not be liable for loss or damage to Property consigned to it in excess of
the Maximum Shipment Liability unless CUSTOMER has paid all excess liability charges to the CARRIER
for all Shipments of Property with a value in excess of the Maximum Shipment Liability amount.
(b) Force Maieure: CARRIER shall not be in breach of this contract nor 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 Agreement due to causes
beyond CARRIER's reasonable control, including strikes, work stoppages, lockouts, epidemics, pestilence,
strikes by CUSTOMER or consignee's employees, work stoppages by CUSTOMER or consignee's
employees, lockouts by CUSTOMER or consignee, war, rebellion, insurrection, hostilities, legal process,
court action, mechanical failure, accidents, fires, acts of God, storms, flood, closed transportation routes or
other causes beyond CARRIER'S reasonable control. It is understood and agreed that CARRIER is not a
guarantor of any pickup or delivery times that may be established from time to time by custom, practice or
agreement. Any such times are mere approximations or estimates, however, CARRIER agrees to use
reasonable efforts to accommodate pickup and delivery times requested by CUSTOMER and agreed to by
CARRIER.
(C) LIABILITY CAP: EXCEPT IN THE CASE OF A SHIPMENT, WHEREIN THE MAXIMUM SHIPMENT
LIABILITY LIMIT SET FORTH IN SCHEDULE A SHALL APPLY, CARRIER's liability for damages (whether
a claim therefor is based on warranty, contract, tort (including negligence or strict liability), statute, or
otherwise) connected with, or arising under, this Agreement will be limited in the aggregate for all claims to
an amount equal to the total amount of fees paid by Customer to CARRIER for Services under thlS
AGREEMENT during the twelve (12) months prior to the occurrence of the first event that is the subject of
the first claim (or, if twelve (12) months have not yet elapsed since the EFFECTIVE DATE, then the total
amount actually paid by Customer to CARRIER under thlS AGREEMENT).
SECTION VII. PROCEDURES.
(a) Authorized Messengers: CARRIER agrees to furnish CUSTOMER the CARRIER's secure Authorized
Agent Card procedure to conduct deposit pickup and change order delivery. CUSTOMER may rely upon
the Authorized Agent Card as evidence of authority of the messenger. CARRIER assumes no liability for
Property delivered to any employee or other person, except those who display an Authorized Agent Card
and arrive in full uniform.
(b) Shipment Requirements: CUSTOMER agrees to cause all Shipments to be made by means of
CUSTOMER placing CUSTOMER'S Property in Sealed packages or containers, of a mutually agreed upon
type and design, which clearly and distinctly indicates 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. CUSTOMER agrees that CARRIER,
its agents or employees, shall have the right to refuse to pickup Shipments of Property which are not
Sealed and properly marked by CUSTOMER as set forth above and that CARRIER assumes no liability for
any damages or loss which may result as a consequence of such refusal to make a pickup. CUSTOMER
further agrees that CARRIER shall not be liable for any mysterious disappearance of, shortage or damage
to the contents of any Shipment unless the Shipment was properly Sealed at the time of delivery to
CARRIER and shows evidence of tampering at the time CARRIER delivers said package to the consignee
and the consignee immediately notes, in writing, the evidence of tampering on CARRIER'S receipt
document. Absent notation on CARRIER'S receipt document by the consignee at the time of receipt, DS
burden of proof shall be on the CUSTOMER to show the CARRIER is responsible for such loss or cl lird-er
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related to a Sealed container said to contain Property. The parties agree that, while CUSTOMER may
keep its own receipt and log book for its own internal purposes, CARRIER's receipt document shall be
deemed the sole controlling document with respect to all Services rendered, including, without limitation,
deposits delivered and received, timing, losses, shortages, overages, investigations, claims or litigation.
(c) Duration of Shipment Liabilitv: CARRIER'S possession of CUSTOMER'S Shipment begins only after an
authorized messenger employed by CARRIER signs a receipt for and receives said Shipment into his/her
physical custody, thereafter CARRIER'S possession of CUSTOMER'S Property terminates when and as
an agent or consignee designated by CUSTOMER receives physical custody (i.e. physical possession or
control) of the Shipment. It is understood and agreed that CARRIER'S liability for the handling or protection
of CUSTOMER'S Property arises and exists solely and concurrently with CARRIER'S possession thereof.
(d) Conseauential Damaaes: 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 to
CUSTOMER or any third party directly or on behalf of CUSTOMER resulting from or occasioned by the loss
of or damage to any Shipment of Property delivered to CARRIER pursuant to this Agreement
(e) Claims: It is understood and agreed that under no circumstances shall CARRIER and/or CARRIER'S
insurance company be liable or responsible for any claim for loss of or damages to CUSTOMER'S Property
which is not submitted in writing to the CARRIER within the greater of ninety (90) days after the date that
said loss or damage purportedly occurred or the minimum notice requirement under the law of the
jurisdiction where the Service took place. Within thirty (30) days after the giving of written notice of a claim
of loss or damage, CUSTOMER agrees to furnish CARRIER a detailed written statement of the
circumstances surrounding such loss or damages as well as detailed written proof of such loss or damages
in form reasonably 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.
(f) Checks. CUSTOMER shall maintain an 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 Reconstruction and replacement of lost, destroyed or stolen checks which had been
contained in any such Shipment. CARRIER'S sole liability shall be the payment to CUSTOMER of: (i)
reasonable costs necessary to Reconstruct the checks plus any necessary costs because of stop payment
procedures; (ii) the face value of checks that cannot be Reconstructed, provided adequate proof of the
value thereof is presented to CARRIER, except those checks which would not be collectable at the time of
loss, but not to exceed the limit of $5,000.00 per Shipment for the unidentified checks. The maximum
liability of CARRIER for the checks shall in no event exceed the Maximum Shipment Liability limit set forth
in Schedule A which includes the aforesaid $5,000.00 for the unidentified checks. Complete cooperation
shall include but not be limited to, recovery of hard copy or electronic records of checks including, without
limitation, point of sale information created by its employees, agents or customers; as well as, 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 of 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. Upon payment of a loss pursuant to this Agreement,
CARRIER or its insurance company shall be subrogated to all CUSTOMER'S rights and remedies of
recovery therefore. The CUSTOMER shall assign to the CARRIER, CUSTOMER'S right to receive
payment under any check(s) for which CARRIER has reimbursed CUSTOMER and CUSTOMER shall
execute any document necessary or reasonably desirable to perfect and accomplish such assignment.
Contract: 28214 (120-665620) Page 5 of 9
DS
Customer Initials:
DocuSign Envelope ID: 5E778E31-85B0-4FF9-B922-914FD4FB16CF
GARDHORLD
SECTION VIII. GENERAL.
(a) Pavment for Services: CUSTOMER agrees to pay CARRIER for the Services, the sum set forth on
Schedule A per month, plus all additional charges associated with special Service requests. Payment is
due net 30 days from the date of any invoice. CUSTOMER understands and agrees that CARRIER
reserves the right to charge the lesser of 1.5 percent or the highest rate permitted by applicable law, per
month or fraction thereof, 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 ninety (90) days old as of the date the credit is requested.
The prices quoted on Schedule A do not include state sales and transportation related taxes, local sales
and transportation -related taxes or federal sales and transportation related taxes.
(b) Cost Increases: CARRIER reserves the right to adjust the fees for Services set forth hereunder on
Schedule A at any time after the first year of the Agreement upon thirty (30) days advance written notice.
CARRIER shall have the right to charge a surcharge for fuel per the attached matrix, a security surcharge
of five percent (5%) and insurance cost increases.
Custom Fuel Surcharqe Index and Methodoloqv
Our fuel surcharge calculation method is based on the 3 week rolling average of the U.S. Energy Information Administration
(eia.doe.gov). The Department of Energy website is updated every Tuesday and the National average is the benchmark
used.
Each month, the 3-week rolling average will be recalculated and the surcharge will be adjusted up or down based on the
following matrix:
For any 3-week U.S. National Average Diesel Fuel price over $4.00 add an additional 1 % for every $0.25 per gallon
increase.
Per Gallon Price
Surcharge
Below- $2.50
0%
$2.501-$2.75
1 %
$2.751-$3.00
2%
$3.001-$3.25
3%
$3.251-$3.50
4%
$3.501-$3.75
5%
$3.751-$4.00
6%
(c) Intearation. etc.: This Agreement shall become effective only when approved and signed by authorized
representatives of the parties hereto. This Agreement, including all attachments, schedules and exhibits
constitutes the entire agreement and understanding between the parties related to the subject matter
hereof, and no representations, inducements, promises or agreements not embodied herein shall be of any
force and effect. This Agreement shall be binding in accordance with its terms upon the parties hereto and
their respective transferees, assigns and successors in interest; provided, however, this Agreement may
be assigned by CARRIER to any parent, subsidiary, or affiliated 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 Agreement shall not be otherwise assigned by either party hereto without the prior
express written consent of the other party, which consent shall not be unreasonably withheld. This
Agreement may be altered, amended, or superseded solely by means of a writing signed by the parties pS
hereto. The headings hereof are for convenience only and have no bearing on the interpretation of t e� fr
Contract: 28214 (120-665620) Page 6 of 9 Customer Initials:
Approved as to Form:
DocuSign Envelope ID: 5E778E31-85B0-4FF9-B922-914FD4FB16CF
GARDHORLD
terms of the Agreement.
Gilroy City Attomey's Office
By. :A
City Attome
(d) Jurisdiction. The parties agree that the terms of this Agreement shall be governed by and construed in
accordance with the laws of the State of Delaware.
(e) Change in Conditions. CARRIER may increase the charges set forth in Schedule A upon written notice to
CUSTOMER in the event of a change in economic conditions beyond CARRIER's reasonable control that
increases the operating costs incurred by CARRIER.
(f) Termination for Breach. Either party may terminate this Agreement in the event of a material breach of this
Agreement as follows: The non -breaching party shall give the breaching party a written notice specifying
the alleged breach and thirty (30) days to cure the breach. If the breach in not cured within said time, the
non breaching party may terminate the contract effect the next day by giving a written notice of termination.
(g) Confidentiality. The parties as part of the performances hereunder, during the Term of this Agreement, will
have access to and become acquainted with various trade secrets including, without limitation, processes,
programs, systems, software, compilations of information, records, specifications, financial information,
marketing plans and customer lists which are owned by a party and which are regularly used in the
operation of the business of a party ("Confidential Information") and data belong to clients of CUSTOMER,
including non-public consumer information. Neither party shall disclose any of the aforesaid Confidential
Information, directly or indirectly, or use them in any way either during the Term of this Agreement or at any
time thereafter, except as required in the course of its Services under this Agreement. All Confidential
Information shall remain the exclusive property of the disclosing party or its customers and clients and shall
not used or reproduced except in the sole interest of the disclosing party and with its prior consent and shall
be immediately returned or destroyed upon request of the disclosing party or at the termination of Services
hereunder.
IN WITNESS WHEREOF, the parties hereto intending to be bound have caused this Agreement to be executed,
as of the date first written above, by their duly authorized representatives.
Carrier
GARDA CL WEST, INC.
By:
Title
DocuSigned by:
7F2A6E70CEtB475...
(Garda Signature)
Jennifer Frankel
(Garda Printed Name)
VP -Finance
Customer
City of Gilroy
By:
DocuSigned by:
(Signature)
Timmy Forbis
(Printed Name)
Title: Finance Director
Contract: 28214 (120-665620) Page 7 of 9
4c'il
DS
erk er Initials:
DocuSign Envelope ID: 5E778E31-85B0-4FF9-B922-914FD4FB16CF
GARDHORLD
Schedule A
FOR OFFICE USE ONLY
Customer Account: City of Gilroy
Contract: 28214 (120-665620)
GARDA CL WEST, INC. ("CARRIER") and City of Gilroy ("CUSTOMER") agree that effective July 13, 2018
this Schedule A amends and is incorporated into the Armored Car Service Agreement between the parties (the
"Agreement") dated as of December 15, 2018 (the "Contract Date") by adding or amending the following
Customer rates, schedules, lists, liabilities, days, Term and/or terms.
(1) Term
The Agreement shall be in full force and effect from December 15, 2018 until December 15, 2020 and shall
automatically renew thereafter from year to year until cancelled by either party by giving the other party written
notice thereof ninety (90) days in advance of each anniversary of the Contract Date.
(II) Holidays
CUSTOMER acknowledges that CARRIER observes the following Holidays for which a Holiday Service rate as
set forth in Section III below shall apply.
(1) New Years Day (6) Independence Day (10) Thanksgiving Day
(2) Martin Luther King Day
(3) Presidents Day
(4) Easter
(5) Memorial Day
(7) Labor Day
(8)Columbus Day
(9) Veteran's Day
(11) Christmas Day
(12) Family Day (NV Only)
(13) Admission Day (NV Only)
(14) Pioneer Day (UT Only)
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.
Status **Effective **Service Location **Address City ST **Product **Monthly Item Liability Limit
Date Price Allowance
Draft 12/15/18 City of Gilroy 7351 ROSANNA GILROY CA ARMORED $608.50 5 $1,000,000.00
STREET TRANSPORTATION
SERVICE
(** Flagged for GARDA CL internal purposes only.)
The following rate schedule applies to the service locations listed above:
**Product
ARMORED TRANSPORTATION SERVICE
City of Gilroy
Description
Price ($)
Unit of Measure
OFF DAY IN -ROUTE $
65.0000
TR
EXCESS LIABILITY ($000's) $
.5000
PT
EXCESS ITEMS $
1.9500
UN
EXCESS PREMISE TIME
3.9500
MN
(** Flagged for GARDA CL internal purposes only.)
* [N] By placing a "Y" in this box, CUSTOMER agrees and confirms that it captures such information as it deems
necessary to fully reconstruct all checks in each Shipment. Accordingly, CUSTOMER, subject to the termqand
conditions in the Agreement, declines any coverage by and waives any liability against CARRIER above t e �fr
Contract: 28214 (120-665620) Page 8 of 9 Customer Initials:
DocuSign Envelope ID: 5E778E31-85B0-4FF9-B922-914FD4FB16CF
GARDHORLD
amount set forth in the Maximum Shipment Liability Checks, in exchange for not being assessed any excess
liability charges for checks included in any Shipment above the Maximum Shipment Liability Checks amount.
Otherwise, by placing an "N" in this box, the terms of Sections VI(a) & VII(f), will apply and additional and excess
liability charges will be assessed for amounts in excess of the Maximum Shipment Liability Checks.
(IV) Days of Services
""Service Location City State Sunday Monday Tuesday Wednesday Thursday Friday Saturday
City of Gilroy GILROY CA N Y Y Y Y Y N
(" Flagged for GARDA CL internal purposes only.)
Carrier Customer
GARDA CL WEST, INC. City of Gilroy
By: By:
by:
=B475-
DDocuSigned by:
BE25924EE75F48F...
(Garda Signature)
(Signature)
7ennifer Frankel Timmy Forbis
(Garda Printed Name) (Printed Name)
Title: VP -Finance Title:
Finance Director
DS
Contract: 28214 (120-665620) Page 9 of 9 Customer Initials:
Certificate Of Completion
Envelopeld: 5E778E3185B04FF9B922914FD4FB16CF
Subject: City of Gilroy-665620
Source Envelope:
Document Pages: 9 Signatures: 4
Certificate Pages: 5 Initials: 9
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
11/9/2018 6:26:41 AM
Signer Events
Jimmy Forbis
bryce.atkins@cityofgilroy.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/4/2018 10:43:24 AM
ID:8534f344-8782-4482-b3eb-6e7e753b94f7
Jennifer Frankel
Esign-mg@garda.com
V.P. - Finance
Garda
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Jason Janoff
Jason.Janoff@garda.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Holder: Esign-KN
esign-kn@garda.com
Status: Completed
Envelope Originator:
Esign-KN
2000 NW Corporate Blvd
Boca Raton, FL 33431
esign-kn@garda.com
IP Address: 72.250.206.50
Location: DocuSign
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6 S E C U R E 6
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by:
Sent: 11/9/2018 6:28:35 AM
EDII"Sil"Id
iw�w��bV%tS
Viewed: 12/4/2018 10:43:24 AM
BE25924EE75F48F..
Signed: 12/10/2018 3:16:35 PM
Signature Adoption: Pre -selected Style
Using IP Address: 66.189.161.134
ED ... Si,n,d by:
Sent: 12/10/2018 3:16:36 PM
Viewed: 12/11/2018 4:46:33 AM
7F2nsE OMB47s...
Signed: 12/11/2018 4:47:35 AM
Signature Adoption: Uploaded Signature Image
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Sent: 11/9/2018 6:28:35 AM
Viewed: 11/9/2018 6:32:13 AM
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Jason Janoff� Sent: 12/11/2018 4:47:36 AM
Jason.Janoff@garda.com
ED
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kisoon NewtonCOPIED Sent: 12/11/2018 4:47:37 AM
Kisoon.Newton@garda.com
Security Level: Email, Account Authentication
(None)
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Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
12/11/2018 4:47:37 AM
Certified Delivered
Security Checked
12/11/2018 4:47:37 AM
Signing Complete
Security Checked
12/11/2018 4:47:37 AM
Completed
Security Checked
12/11/2018 4:47:37 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 5/4/2017 6:11:07 PM
Parties agreed to: Jimmy Forbis
CONSUMER DISCLOSURE
From time to time, GardaWorld (we, us or Company) may be required by law to provide to you
certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign, Inc.
(DocuSign) electronic signing system. Please read the information below carefully and
thoroughly, and if you can access this information electronically to your satisfaction and agree to
these terms and conditions, please confirm your agreement by clicking the a€ -I agreed€TM button
at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per -page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign K-Withdraw Consentd€TM form on the signing page
of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn
your consent to receive required notices and disclosures electronically from us and you will no
longer be able to use the DocuSign system to receive required notices and consents electronically
from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact GardaWorld:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: mark.brockelman@garda.com
To advise GardaWorld of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at mark.brockelman@garda.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in the DocuSign system.
To request paper copies from GardaWorld
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to mark.brockelman@garda.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with GardaWorld
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent
page, select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to mark.brockelman@garda.com and in the body of such request you
must state your e-mail, full name, US Postal Address, and telephone number. We do not
need any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer time
to process..
Required hardware and software
(Operating Systems:
Browsers:
PDF Reader:
Screen Resolution:
(Enabled Security Settings:
WindowsA@ 2000, Windows,&@ XP, Windows
VistaA@; Mac OSA@ X
Final release versions of Internet ExplorerA@
6.0 or above (Windows only); Mozilla Firefox
2.0 or above (Windows and Mac); Safaria„¢
3.0 or above (Mac only)
Acrobat,&@ or similar software may be required
to view and print PDF files
800 x 600 minimum
Allow per session cookies
** These minimum requirements are subject to change. If these requirements change, you will be
asked to re -accept the disclosure. Pre-release (e.g. beta) versions of operating systems and
browsers are not supported.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the a€"I agreed€TM button below.
By checking the a€"I agreea€TM box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC CONSUMER DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify GardaWorld as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by GardaWorld during the course of my relationship with you.