96-072 Iron Mountain Contract 1996 and CAO 2015AFir
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AL
IRON MOUNTAIN
Americas Largest Records Management Company
f} ar "M
DEC 0 �3 1998
WOhmai. sc.AUQUARTERS
IRON '1 l l % ` 4 . 1
1.'A r rl I MtN I
KECORDS IVIANA G. M NT A
SERVICE AGREEMENT
Customer
F�
Billing Address (If Different)
City of Cilnertinn
Streit Address
Street or Box No.
10300 Torre Avenue
City
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State
Zip+ 4
City State
Zip + 4
. Cupertino
I CA
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10
AL
IRON MOUNTAIN
Americas Largest Records Management Company
f} ar "M
DEC 0 �3 1998
WOhmai. sc.AUQUARTERS
IRON '1 l l % ` 4 . 1
1.'A r rl I MtN I
KECORDS IVIANA G. M NT A
SERVICE AGREEMENT
Customer
F�
Billing Address (If Different)
City of Cilnertinn
Streit Address
Street or Box No.
10300 Torre Avenue
City
State
Zip+ 4
City State
Zip + 4
. Cupertino
I CA
1_95014-325,1,
Primary Contact and Title
'Billing Contact
limberly Smith
Telephone
Fax
Telephone
Fax
(408) 777 -3217
( 777 -3366
Customer Number
Facility
217110
Iron Mountain Facility
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Iron Mountain (the "Company ") hereby agrees to accept.--for storage and to service under its management system
at Iron Mountain facilities such records material (deposits) as Customer requests. Customer agrees to pay the
Company for storage and services according to the amounts and provisions specified in Schedule A (as amended
from time to time); and Customer agrees that, all services shall be provided subject to the terms and conditions
below and on the reverse hereof. `
VALVE of DEPOSITS. Customer declares that the value of the deposits is $1.00 per carton,
linear foot of open shelf files, container, disk sack or other deposit item. Customer
n a w
acknowledges that it has declined to declare an e xcess valuation, for which an excess
valuation fee would have been charged.
LIMITATION OF LIABILITY. The C
all of the deposits shall be limited
disk pack or ocher deposit item.
ompany's liability, if any, for loss
to $1.44 per carton, linear foot of
customer City Qf __Q :t # .
Name
Kimberly Smith
Signature
Title City Clerk
Date �� / � �9q(v
WHITE —IRON MOUNTAIN CORPORATE CANARY—CUSTOMER PINK—IRON MOUNTAIN DISTRICT
IRON MOUNTAIN
Name
4
Signature
Title
Date
M]
of or damage to part or
open shelf files, container,
ACRC
Member of Association of Commercial Fo rd Centers, Inc.
NIMDON MCLIVIUN S-TANDARD TERMS AND (IONDITIONS
(Based upon Terms and Conditions Approved- and:i romulgated by the Association of Commercial records Centers, Inc., March 1986)
The following terns and conditions shall apply to this Agreement. d. '
1. Storage and Service Charges—All char for storage and s r� i *u r this regime ��. 11 b as specified in Schedule Al attached hereto. Such charges shall
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remain fixed for the term of this Agreement (excluding renewals) unless otherwise provided in Schedule A.
2. Term—The terra of Agreement shall commence on the date f Customer's signature or, ifl ter, the Effective Date get forth on Schedule A. unless otherwise
provided in Schedule A, the term will continue for one year, with aultomatic renewals for additional successive one-year terms, unless written notice ofrnon- renewal is
delivered by either party to the other not less than thirty days ri r t the a iration date. Darin the term Customer wi rn ll store with the Co pa not less than % of the
initial transfer balance f stored material , net o destructions undertaken in tb normal courw of business.
3. Access; Proceduresp Force Majeure -
A. Deposited material and information contained in said material may be delivered pursuant to directiorn of Custorrner's agents) idetnti fied n the omparny's standard
authorization roans. Authority granted to any person on the Comp any 7s' t ridard uwth ri i n' f rm shall constitute Customer #s representation that the identified persons
have full authorit to order any service for or removal o Customer #s material -, and to -d liveir nd•rec ive such material. Such orders may be given in person, by telephone
or in writing. .
B. Customer shall comply with the Company's reasonable operational requirements, as modified from time to time, regarding containers, delivery volumes, security,
access and similar matters. Customer acknowledges that extraordinary volume or schedule requests may require the Company to incur additional costs, which Customer
will pay at the Company "s overtime rates, provided that the Company shall have advised Customer thereof in advance.
C. The Company shall not he liable for delay or inability to perform caused by acts of God, governmental actions, labor unrest, unusual traffic delays or other causes
beyond its control.
D. The Company may comply with any subpoena or similar order related to the stored materials, provided that the Company notifies Customer promptly upon
receipt thereof, unless such notice is prohibited by law. Customer shall pay Company's service charges for such compliance.
4. Liability & Limitation of Damages
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A. The Company shall not be liable for any loss of or damage to shred material, however caused, unless such loss or damage resulted from the failure by the
Company to exercise such care in regard thereto as a reasonably careful person would exercise under life circumstances; the Company is not liable for loss or
damage which could not have been avoided by the exercise of such care.
B. Deposited materials are not insured by the Company against loss or damage, however caused. Customer may insure deposits through third -party insurers for
any amount, including amounts in excess of the limitation of liability,
C. In no event shall the Company be liable For any consequential or incidental damages.
5. Notice of Claim and Filing of Suit
A. Claims by Customer must be presented in writing to the Company within a reasonable time, and in no event longer than 60 days alter delivery or return of the
stored m to al to Customer- or 60 days after Customer is notified by the Company that loss, damage or destruction to part or all of the stored material has occurred,
whichever time is shorter. ,
B. No action may be maintained by Customer or others against the Company for loss, damage or destruction of stored material, unless timely written claim has
been given as provided in Paragraph A of this section, and unless such action is commenced within Trine months after i the date of delivery or return by the
Company or ii the date Customer is notified that loss, dainage or destruction to part or all of the stored material has occurred, whichever time is shover.
C. when stored material has been lost, damaged or destroyed and has not been delivered or returned to Customer, notice thereof may be given by ma' ilin
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cev' fied letter to Cu5tomer. In the event notice of loss, damage or destruction is given by certified letter, the time limitation for presentation of a claim and
commencement of action or suit begins on the date of mailing of such notice by the Company.
6. Payment—If Customer fails to pay the charges of the Company r for a period of thirt y days, the Company may, after giving tern days' notice b y certified mail, at its
option a redeliver the stored material to Customer at its address herein, orb refuse access to the stored material. Customer shall be liable for late charges at the rate of
15% per annurn, compounded monthly, and all expenses incurred in collecting charges which are in arrears, including reasonable attorneys' fees. The Company may at
any time require payment by certified check prior to delivery of stored materials. The Company shall have, and may exercise, all rights ranted to warehousemen b the
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Uniform Commercial Code as adopted in the state where the deposits are stored, and the Company shall have such other rights and remedies as may be provided by law.
If Customer is in arrears on fees for a period of six months or longer, the Company may destroy the deposited rrnaterials ten days after written notice addressed to
Customer's most recent address in the Company "s records. In the event the Company takes any actions pursuant to this Section, it shall have no liability to Custom r or
anyone claiming by or through Customer. Nothing herein shall preclude the Company from pursuing other remedies authorized by statute or otherwise.
7. Destruction of Record � -- Customer releases the Company from all liability by reason of the destruction of stored material pursuant to Customer's direction.
8. Noti es —Any rn tice Triode pursuantto this Agreer ent may be given or made in writing at the addresses set out o n the front side her-eofuntiI written notice of a change
of address has been received. i
9. Ownership Warranty — Customer warrants that it is the owner or legal custodian of the stored material and has full authority to store said material and direct its
disposition in accordance with the terms of this Agreement.
10. I agrees to indemnify and hold harmless the Company and its employees and agents for any liability, cost or expense (including litigation
expenses and reasonable attorneys' fees) arising out of the Company's possession of Customer's stored materials, Customer's breach of any terms or provisions ofthis
Agreement, or the Company's relations with Customer or third parties pursuant to this Agreement, unless caused solely by the negligence or willful misconduct ofthe
Company.
1 l . No Hazardous Substances or Conditions Cust mer shall riot, at any time, store with the Company Material considered to be highly flammable, explosive, toxic
or otherwise dangerous or unsafe to sure or handle, or any material which is regulated under any federal or state lain or regulation relating to the environment or
hazardous materials. All Customer premises where the Company's employees perform services or make deli eries-hereunder shalI be free ofalI-ha rdous substances and
any other haafdus r d arigerous conditions.
12. Modifleation; Assignment -This Agreement binds the heirs, executors, successors and assigns of the respective: parties and cannot be changed orally. This
Agreement may not'be assigned by either party (other than to an affiliate which shall as ui ne the obligations of its assignor by written instrument ) without the wn'ttern +
consent of the other, which skull net be unreasonably'withheld or delayed. * *�
13. Definitions
A. Reference to the Company small nrrean Iron Mountain Records Management, Inc.
B. Reference to 4.9stored deposits" or "deposited mate ria II shall include all documents, records or other mate al stored by the Company for Customer. All such deposited
material delivered by Customer to the Company for storage during the term of this Agreement shall be subject to the terms and conditions hereof.
Copyright 0 1996, Iron Mountain.
Effective 06-01-96.
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Affiliate /Multi- Location Agreement
The site/location identified below agrees to accept the same terms and conditions as outlined in the
existing Agreement between Iron Mountain Information Management, LLC ( "Iron Mountain") and
CITY OF CUPERTIN4 (the "Customer "), which was made effective on November 1, 1995
(Reference existing customer ID SB253 currently governed by this Agreement)
Pricing (Select one of the fallowing options)
storage and/or services will be performed by Iron Mountain in accordance with the rates
established for the above referenced Customer Agreement. Reference existing Fee Schedule or
Rate Table ID: SB253
For Records Management accounts on
The Program Startup l Initial Move Rate (if different from master accounfj is: priced as follows:
$1.50 per Cubic Foot
❑ Storaje and/or services will be performed by Iran Mountain in accordance with the rates listed in the
attached Pricing Schedule (Schedule A), which is dated:
New Sitell-ocation or Renegotiati_ng_Account Information ❑ Data Protection 0 Records Management
Designated Location City of Cupertino - CityAttomey's office
I Company Name
Service Address Line 1: 20410 Town Center Lane, Suite 210
Line 2: Cupertino, CA 95014 -3255
Customer Contact: Sara Johnson
Contact Phone #: (408) 777 -3403
Contact Email: sara cu ertine.er
Service Branch: [click here]
Mileage (one way) from IM Service facllity: miles
DP15ecure Base RM)SKP
lnclude complete 5.6
praclel9ranch #
❑ Check here if more pages will be attached to identify additional sites/locations
Customer Company
City of Cupertino - City Attorney's office
Iron Mountain Information Management:, LLC
Name
Individual Signing:
individual
(type or print first & last
1gp� ! � hpn j � � f � I�
I
Signing:
name
Mattoefi Wetzel
Signature:
Signature:
_
Title:
LO C4 V c CX..S �n �
i' - {
Title:
Customer Relations Advocate
Bate:
_
Date:
V.1.as