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Home My WebLink AboutC17-126 Loomis Armored US LLCAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND LOOINUS ARMORED US, LLC THIS AGREEMENT ("Agreement") is effective as of 04/18/2017__ by and between Loomis Armored US, LLC, a Texas limited liability company (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County desires to hire Contractor to provide armored car services for ECO Transit and the Treasurer's Department (the "Project") located at 3289 Cooley Mesa Road, Gypsum, Colorado (ECO Transit Gypsum), 500 Swift Gulch Road, Avon, Colorado (ECO Transit Avon) and 500 Broadway, Eagle, Colorado (Eagle County Treasurer's Department) (the "Property" or the "Properties"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in ExhibitA ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County's Representative. The ECO Transit Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect for a period of one (1 ) year. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. AN RYCY� C17-126 No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $10,000.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. C. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall list Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, and agents as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. Contractor is not entitled to workers' compensation benefits except as. provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. S. Indemnification, The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities are based upon the negligence or willful misconduct of any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not •rYl R'AC1Y apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. [010HO r'/I Eagle County, Colorado Attention: Andrea Weber 3289 Cooley Mesa Road Post Office Box 1070 Gypsum, CO 51637 Telephone: 970-328-3526 Facsimile: 970-328-3539 E -Mail: andrea.weber@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E -Mail: atty@eaglecounty.us CONTRACTOR: Loomis Armored US, LLC Attention: Mandy Knuth 17650 E. 32"' Place #20 Aurora, CO 80011 Telephone: 303-214-1603 Facsimile: 303-343-1661 E -Mail: amanda.knuth@us.loomis.com With a copy to: Loomis Armored US, LLC Attention: Legal 2500 City West Blvd. Ste 2300 Houston, TX 77042 11. Termination. Either party may terminate this Agreement, in whole or in part, at any time and for any reason, with cause, and without penalty therefor with thirty (30) calendar days' prior written notice to the other party, provided the breaching party shall have the right to cure during such notice period. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement. (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R_S. 24-71.3401 to 1.21. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. C. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master -servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this. Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. 1. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. M. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citinn or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.RS. 24-76.5-103 prior to the effective date of this Agreement. 15. ProhibitionsQn Government Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in CRS. 5-17.5-101, et, seq. If Contractor has any employees or subcontractors. Contractor shall comply with C.RS. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E -Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm C. Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. C. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. 16. Contractor Rea uired Language. a. Liability: Loomis ("'Contractor") agrees to assume the liability for any loss, according to the terms of this Agreement, of the securely sealed container(s) from the time Contractor signs for and receives physical custody of the sealed container(s) and responsibility terminates when the County or its designated consignee takes physical possession of the sealed container(s) and signs Contractor's receipt. If it is impossible to complete the delivery, Contractor shall be responsible for any loss until the sealed container(s) is returned to the County or its designated agent and a signed receipt obtained. While the sealed container(s) is stored in the County's premises, Contractor does not assume liability for any loss. If the County conceals or misrepresents any material fact or circumstance concerning the property or container, or the contents thereof, Contractor will have no liability for any loss in any way related to such fact or circumstance. Under no circumstances will either party be liable to the other party for lost profits or for any indirect, incidental, consequential, special, punitive or exemplary damages; such as, but not limited to, loss of revenue, loss of interest, lost data, data transmission error or anticipated profits or lost business. The sole liability of the Contractor in the event of loss for whatever cause except as hereinafter limited, shall be payment to the County of the declared Liability Coverage per Shipment Amount not to exceed $50,000.10 per shipment [this amount should be set at the maximum shipment amount that will be carried under the agreement. b. Claims: It is understood that the County agrees to notify the Contractor, in writing, via certified mail, of any claim for loss within four (4) calendar days 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 the pick-up by Contractor of the securely sealed container of property in connection with which the claim is asserted and unless such notice shall have been given, such claim shall be deemed waived. C. Check Reconstruction: In the event of loss or destruction, County 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, the Contractor's liability except as limited herein above shall be the payment to the County, not to exceed a total of $ lO,OOO.00 per shipment, for: i] Reasonable costs necessary to reconstruct the checks plus when the checks are reconstructed, any necessary costs incurred because of stop payment procedures, etc. ii} The face value of check, which cannot be reconstructed. It is understood and agreed by the parties of this contract the words "reconstruct, reconstructs, and reconstructed" shall mean to identify the checks only to the extent to determine the face value of said checks and identify the maker or the endorser of each or other relevant information to allow Contractor to recover any and/or all item(s) or cash associated with loss. d. Money Laundering: Loomis reserves the right to take any and all action as may be reasonably necessary to prevent money laundering to the extent permitted under law or as may be required by any regulatory body that may exert a right of control over Loomis. e. Rate Adjustment: LOOMIS shall annually increase the service fee(s) based upon the year to year changes in the Consumer Price Index (CPI) or other applicable economic factor(s). To account for future movements in the price of diesel fuel LOOMIS will henceforth adjust the monthly fuel fee based on U.S. average diesel prices as measured and published by the Department of Energy (WWW.EIA.DOE.COV). The monthly fuel fee shall equal the product of the applicable percentage (based on the chart below) multiplied by the aggregate monthly service fee (including any applicable Ancillary Item). LOOT US' established baseline is $1.31. Any cost above the $1.31 baseline cost will be adjusted on a monthly basis by 0.5% on price movements of lO cents per gallon (i.e. if diesel prices rise to $1.41, the corresponding fuel fee is increased by •rYl R'AC1Y 0.5%). The applicable fuel fee percentage will be based on the national average of diesel fuel prices published on the Department of Energy Website averaged over the first four Mondays of the month rounded to the next cent. The table is for reference only and does not reflect the maximum rate which may be assessed. inimum majmum Per [;aIkn Fee (%) 4.91 $5.00 $ .1 o 18.00% 4.81 $4.90 $ .10 17.50% $4.71 54.80 $ .10 17.00%a 4.61 54.70 1 .Ir.i Ir $4.51 1.(,r I� .Irl Ir, •rlrl 4A I 11.�r I1 II 4.31 11. Ir 4.21 $4.30 .][i 4.1 1 4.20 S.]() 4.01 $4.10 $ .10 13.50% 3.91 $4.00 $ .10 13.00% 3.81 $3.90 $ .10 12.50% 3.71 $3.80 $ .10 12.00% 3.61 $3.70 $ .10 11.50% 3.51 53.60 In 3.41 $3.3 1 X'. . 10 $.1[i $ .10 10.00% $3.21 3.1 1 53.30 X3.20 $ .10 1$.1() .50% C).00% 3•(] I 53.10 $ .10 4.50% '2.9 1 $3.00 ti H) 8.00% 2.81 $2.90 $ .10 .50% 2.71 52.80 $ .10 .00% $161 .:'r ti .1 [ i 6.5W f' 2.=41 rl h .1[i =,=(i'f 5.00. 1 ;rl .Irl I .5017r 2.1 1rl .Iri 4.[1[1` 10 1 1.91 $2.00 .Iri 'f ;.[i[i'f 1.81 $1.90 $.1[J '.=[if 1.71 1.61 $1.80 51.70 $ .to S .10 I.r1[1` f 1.51 l.r,rl $.10 LOW, 1.41 11 . r l $ .10 .50% 1.31 51.40 $ Ao a) LOOMIS reserves the right in times of global economic downturn or due to changes in regulatory obligations to renegotiate rates and fees in good faith with COUNTY. In the event that COUNTY refuses to consent to such adjustment(s) or fee(s), LOOMIS shall have the right to terminate this Agreement upon thirty (30) days written notice to COUNTY. [REST OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ACOUsU� By: Bryan R. Treu, Interim County Manager CONTRACTOR: LLC L O �M�-A�alze c�w,Gr-aP��9 By: -------------- Print Name: Title: VP Finance & Accounting SCOPE OF SERVICES, SCHEDULE, FEES E @ @ @ cRR \\\ 2 � k m > u www 0 cc �) aam / / \ � $ � LL \ f CL .§ ! A \ G cc cc w 000 c o o o \ : / /\j C \ \ k U) I = Co 2 / g// ° k E m ® ƒ f \ %e @2 ®° CDS E [ ECo J eee 0 f k 2 \ \\} w 3 .0 K § § § a \\\ \\\ E o @ § § rr2 k / \ \ 21 LU \ E \ ? \ � )/§ wE\ / / [ a= LL Cm ) 7 / E EX-IIBIT B INSURANCE CERTIFICATE Ro CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 2I28I2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER[S], AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poli cy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement[s]. PRODUCER Aon Risk services southwest, Ir1C. Houston Tx. Office CONTACT NAME: WC N .Exq; CB66) 283-7122 FAX(800) 363-0105 EMAIL ADDRESS: 5555 San Felipe suite 1500 INSURERIS) AFFORDING COVERAGE NAICN Houston Tx 77056 USA INSURED INSURERA: Zurich American Ins Co 16535 Loomis Armored US. LLC 2500 Citywest Boulevard, suite 2300 Houston Tx 77042 USA INSURER B: INSURERC: INSURER D: PRODUCTS-COMPIOPAGG $1,000 ,000 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570D65014254 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTB TYPEOFINSURANCE INSD WVD POLICY NUM DER HULI�T L" jMMQWYYYYj POLICY EX�' JMWDDWYYILIMITS 2500 Citywest Blvd., suite 2300 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE x❑ OCCUR �j� GLO379281610 SIR applies per policy terms 77ff7= & conditions T797= i EACHOCCURRENCE $1,000,000 5100,000 PREMISES Ea occurrence MED EXP (Any one person) 510,000 PERSONAL&ADV INJURY 51,000,000 GEN'LAGGREGATE UM ITAPPLIES PER! x POUCY ❑ ECT F-1LOC OTHER GENERALAGGREGATE $1,000,000 PRODUCTS-COMPIOPAGG $1,000 ,000 AUTOMOBILELIA2LrrY ANYAUTO OWNED SCHEDULED AUTOSONLYAUTOS HIREDAIJTOB NON -OWNED ONLY AUTOS ONLY COMBINED SINGLE LIMIT Ea accident BODILYINJURY ( Per person) BODI LY INJ URY (Per accide nt) PROPERTY DAMAGE Peraccident UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PRO PRI ETORI PARTNERI EXECUTIVE OFFICERIMEMBER EXCLUDED? {Mande" in NR If yes, describe under DESCRIPTION OF OPERATIONS below NIA F'tH S X11 L t. I OTH• E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY OMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 10 1, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016103) 41988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Q Z SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Loomis Armored US, LLC AUTHORIZED REPRESENTATIVE 2500 Citywest Blvd., suite 2300 Houston Tx 77042 USA �j� ACORD 25 (2016103) 41988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Q Z ,aikO CERTIFICATE OF LIABILITY INSURANCE DATE [MM'00'YYYY] `�• 12:19:201E THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s}. PRODUCER CONTACT NAME: Marsh USA Inc. PHONE FAX 500 Dallas Street, Suite'5CC E-MAIL Houston, TX 77002 MED EXP (Anyone ) $ ADDRESS: INSURER AFFORDfNG COVERAGE MAIC 0 INSURER A : (Sw A1tadwd) 551675-LOOMI-CARGO-17-18 Evid 1 MIL N c INSURER B: INSURED Loomis Armored 115, LLC 25W CltyWest Blvd, Ste 2300 INSURER C Houston, TX 77042 INSURER D: INSURER E GENERAL AGGREGATE $ INSURER F: COVERAGES CERTIFICATE NUMBER: HOU-"601833-24 REVISION NUMBER:5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN$R ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OFINSURANCE INSID WVID POLICY NUMBER DDI LIMITS COMMERCIAL 0ENERALLIABILITY EACH OCCURRENCE $ CLAIMSMADE OCCUR DAMAGE TO RENTED $ MED EXP (Anyone ) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GE N'L AGG R EGATE LIMIT APPLIES PER: POLICY PRO- r_1 JECT LOC PRODUCTS - COMPIOP AGG $ r $ OTHER' AUTOMOBILE LIABILITY { OMBINED8INGLE LIMIT $ ANY AUTO BODILY INJURY [Per person] $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per acrJdent) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ $ LAIBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AN EMPLOYERS' LIABILITY YIN TH- PTA TE OER ANY PROPRIETORIPARTNERIEXECUTIVE I OFFICERIMEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE$ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS be law E.L. DISEASE - POLICY LIMIT 1 $ A CARGO SEE ATTACHED 01/01/2017 01101018 LIMIT $1400,000 DESCRIPTION OF OPERATIONS 1 LOCATIDNIS I VEHICLES (ACORD 101, Additional Remarks Schedule, may beallached II mare space Is regtIhed) Evidence of coverage only. CERTIFICATE HOLDER CANCELLATION Loomis Armored US, LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2500 Citywest Blvd. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Suite9oo ACCORDANCE WITH THE POLICY PROVISIONS. Houston, TX 77042 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014,101) The ACORD name and logo are registered marks of ACORD ACa►2�® AGENCY CUSTOMER ID: 551675 LOC #: Houston ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY Marsh USA Inc. NAMED INSURED Loomis Armored US, LLC 2544 CityWest Blvd, Ste 2344 Houston, TX 77442 POLICY NUMBER CARRIER NAIL CO DE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TrrLE: Certificate of Liability Insurance Primary CIT & Terrorism: 1001% XL Specialty I nsurance Company Policy No. B0509FINST1700045 1 st Excess CIT & Terrorism: 10011 Lloyd's Underwriters Policy No. B0509FINST1700066 The [CIT pd icy numbers as attached] plaosment was made by Marsh Ltd. (UK). Marsh USA Inc has only acted in the role of a consu Cant to the client with respect to this placement. which is indicated here for your convenience. REMARKS [SPECIAL CONDITIONS]: GEOGRAPHICAL OMITS: Within and between the United States of America anctor Dominion of Canada and/or Puerto Rico and/or other places in the world. SUBJECT MATTER INSURED (PROPERTY): Including but not limited to: money, currency, coins, banknotes, debit and credit card sales, Federal Reserve notes, funds held in account by a financial institution, postage and revenue stamps, savingsstamps, food stamps, cdn tokens, telephone cards, bouillon, precous metals of all kinds and in any form and articles made there from, Jewelry, %hatches, necklaces, bracelets, gems, precious and semi-precious stones, bands, securities, evidence of debts, debentures, scrips, certificates, reosi pts, +eerrants, rights, transfers, coupons, drafts, trading stamps and ooupons, bills of exchange, acceptance notes, cheques, withdrawal orders, money orders, trave Is rs'cheques, lettersof credit, bills of lading, abstractsof title, insurance policies, deeds, mortgages upon real estate anctor upon chatteIsand upon interest therein, and assignments or such pdicies, mortgagesand instruments and all other negotiable and non-negotiable valuable papers and documents, electro -magnetic tapes anctor computer software and components, fine arts, mobile phones and any other items of any nature whatsoever. COVERING: This insurance shall Indemnify the Assured in respect of their legal liabiIityarising under statute anctor contract and/or common law an&rotherwise for physical loss or physical destruct lon of or physical damage to property as defined elsewhere herein. EXCLUSIONS Not withstanding anything herein to the contrary, (except where included in the I nstitute War Clauses) this pd icy does not cover: WAR & CIVIL WAR 1. Loss or damage caused by or resulting from war, invasion, acts of foreign enemies. hostilities (whether war be declared or not), civil war, rebellion, revdutians, insurrection, military or usurped powe r o r co nfiscatio n to of nationalisation or requisition ordestruction of ardamage to property by or urderthe order of any gevernmentor public or local authority. RADIOACTIVE CONTAMINATION. CHEMICAL, BIOLOGICAL. BIOCHEMICAL AND ELECTROMAGNETIC WEAPONS This clause shall be paramountand shall override anyt hi ng co ntained in this insurance inconsistent therewith. In no case shall this insurance cover lass, damage, liability or expense directly or indirectly caused by or contributed to by or arising from: 2.1 ionising rad iations. from or contamination by rad loactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclearfue1. 2.2 the radioactive, toxic, explosive or other hazardousorcontaminating properties of any nuclear installation, reactor or other nuclear assemblyor nuclear component thereof. 2.3 any weapon or device employing atomic or nuclear Piss on andbor f usion or other like reaction or radioactive force or matter. ACORD 707 (2008.07) Q 2008 ACORD CORPORATION. All rights The ACORD name and logo are registered marks of ACORD ACa►2�® AGENCY CUSTOMER ID: 551675 LOC #: Houston ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY Marsh USA Inc. NAMED INSURED Loomis Armored US, LLC 2544 CityWest Blvd, Ste 23M Houston, TX 77442 POLICY NUMBER CARRIER NAIL CO DE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance 2.4 the rad loactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this subclause does not extend to rad loactive isotopes, other than nuclear f Lie I. when such isotopas are being prepared, carried, stored, or used for corn mercial , agricultural. medical. sclaMI1c or othersimilar peaosfuI purposes. 2.5 any chemical, b lo log ical, biochemical, orelectromagnet ic weapon. It is agreed for the avoidance of doubt that the foregoing clause shall not apply where the proximate cause of Loss is theft. This exclusion shall not apply where the use or ope rat lon, of any weapon as described in 12.5 above facilitates the theft, robbery, burglary, held -u p, orother criminal taking of Property. It is agreed for the avoidance of doubt that the foregoing clause shall not apply where the proximate cause of lass is theft. DISHONEST OR FRAUDULENT ACTS OF DIRECTORS 3This policy does not cover Loss resulting directly from any dishonest or fraudulent act(s) or dishonest or fraud uIsntomission[s] of Board Directo rsof Loom is AB except in the event of any such dishonest orfraudulent act [s] or dishonest or fraudulent omissions) such Board Director is performing acts caning within the scope of the usual duties of an Employee of the Assured . SANCTION LIMITATION AND EXCLUSION CLAUSE 41 nsurers shall not be deemed to provide cover and Insurers shall not be liable to pay any claim or provide any benef it hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose Insurers to any sanction, prohibition or restriction under United Nat lons resdutionsorthe trade or eco nomicsanct lons, laws or reg ulatio ns of the European Un lon, United Kingdon or United States of America. ACORD 707 (2008.'07) Q 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,aikO CERTIFICATE OF LIABILITY INSURANCE DATE [MM'00'YYYY] ��- I2:28:2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s}. PRODUCER CONTACT NAME: Marsh USA Inc. PHONE FAX 500 Dallas Street, Suite 1500 [AC, Not Houston, TX 77002 E-MAIL Aft n: Steven. Nguyen @ marsh .wm or 713-276-8438 ADDRESS: INSURER[$] AFFORDING COVERAGE NAIL 0 551675-STND-AW-17-18 HOT ALWC No No INSURER A: ACE American insurance Company 22667 INSURER B.. ACE Fire UrlfenNriterS Company 21)7172 lISURED Loomis Armored 115, LLC 25W CltyWest Blvd, Ste 2300 INSURER C Houston, TX 77042 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: HOU-002606963-87 REVISION NUMBER:33 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN$R ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OFINSURANCE INSID WVID POLICY NUMBER DDI LIMITS COMMERCIAL 0ENERALLIABILITY EACH OCCURRENCE $ CLAIMSMADE OCCUR DAMAGE TO RENTED 000urrenoe $ MED EXP (Anyone ) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GE N'L AGG R EGATE LIMIT APPLIES PER: POLICY PRO- r_1 JECT LDC PRODUCTS - COMPIOP AGG $ r $ OTHER' A AUTOMOBILE LIABILITY ISAH09052161 01/01/2017 01/01018 OM BIN ED8INGLE LIMIT $ 1 A170 000 X ANY AUTO BODILY INJURY [Per person] $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per acrJdent) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ $ LUBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB CLAIMS -MADE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B YIN ANYPEMMEMTDRIPARTNERIEXECUTIVE DFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA WLRC49106282(AOS) SCFC49106294 I f 01/01/2017 01/01/2017 01/01/2018 01/01/2018 X PTA TE OTH- E.L. EACH ACCIDENT $ t'� E.L. DISEASE - EA EMPLOYE$ 1 JOl70,O170 If yes, describe under DESCRIPTION OF OPERATIONS be law E.L. DISEASE - POLICY LIMIT $ 1 DESCRIPTION OF OPERATIONS 1 LOCATIONIS I VEHICLES {ACORD 101, Additional Remarks Schedule, may be a[La ched II mare space Is regtdred] Evidence of I nsurance Only . CERTIFICATE HOLDER CANCELLATION Loomis Armored US, LLC 25W Citywest Blvd, Ste 2300 Houston, TX 77042 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014,'01) The ACORD name and logo are registered marks of ACORD O