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Archive Management Services Inc-2006-18 r; Archive Management Services, Inc. Account#: of the Inland Empire Quotation# 1181 Source#: 6 �i (951) 656-2238 FAX: (951) 656-2520 www.archivemanagement.com p E-mail:ams@archivemanagement.com TAPE ROTATION SERVICE AGREEMENT BILLING ADDRESS SERVICE ADDRESS: Name: CITY OF GRAND TERRACE Name: CITY OF GRAND TERRACE Address: 22795 BARTON ROAD Address: 22795 BARTON ROAD Address: GRAND TERRACE, CA 92313 Address: GRAND TERRACE,CA 92313 Contact: STEVE BERRY Contact: DRAGOS BARBU Phone: (909)430-2226 Phone: (909)430-2231 Fax: - (909)783-7629 Fax: (909)783-7629 __�__ - —. __ ._•-_ E-mail: E-mail: ❑ Secure Media Service ® Underground Vault Media Service Storage: _$35,00 minimum + $0.20 per item/ Storage: $75.00 minimum + $0.50 per item/ $3.50 per Cu. Ft. $7.00 per Cu. Ft. Media Tracking: $0.20 per item per month Media Tracking: $0.20 per item per month Add Items: $1.95 Each Add Items: $1.95 Each Dock Access: $1.00 Cu. Ft. Dock Access: $1.00 Cu. Ft. Permanent Removal* $1.95 per media item/ Permanent Removal: $1.95 per media item / $2.95 per Cu. Ft. $2.95.per Cu. Ft. A one-time charge upon storage purge(in,addtion to retrieval) A one-time charge,upon storage purge(in addtion°to retrieval) NOTES: Standard Retrievals and Refiles: $1.00 each per item Client hereby acknowledges receiving a copy of this agreement and has Standard Retrievals and Refiles: $1.95 each per Cu Ft, read its terms and conditions printed hereon-Including the reverse side Client hereby accepts these terms and conditions and affixes Labor/ Data Entry: $36.00 per hour his/her signature he to, *Extensive searches subject to hourly rate. r+e ul 1 kof r %, After Hours: $75.00 Holiday: $100.00 ient or prized rep &hntit�(print) Title �- Messenger"(24 hr.): other zone charges may apply Si natur ee nrr) ed representative Effective date $15.00 per trip + $1 00 per item/$1.00 Cu. Ft. Wilma J oung 06/16/2006 *"'plus drive time regular hours/reasonable quantities. pany repr entative(pri ) Effective date 1 hour and 4-hour service available 06/16/2006 All other services at standard rates,see Standard Rate Sheet. Co pany representative sfg of r ., Effective date ARCHIVE MANAGEMENT SERVICE-hereinafter referred to as the Company-agrees to accept for storage and to p, .vide services for the above named client'-hereinafter referred to as the Client-based on rates as stated in the rates sections of this agreement.Contents of Clients goods not verified by the Company. CLIENTS DECLARATION OF VALUE The Client declares the•value of all business records transported,stored,handled or serviced, now and hereinafter for this account, shall be$2.00 per cubic foot.The value of all magnetic media including but not limited to computer tapes,disks,video and audio tap e et�qg-p (stored, handled or serviced now or hereinafter for this account is actual value of the storage media only G EJ II AMS 03-2005 AN 7 7 2006 C0W11V]U1'Ivi'i i :SERVICES r STANDARD TERMS AND CONDITIONS 12104 1.5TORED MATERIAL (Approved and Promulgated by the Association of Commercial Records Center -March 1989) Quotation #: 1181 From the effective date for a period of one year,the Company shall store and service the Stored Material identified on the attached Schedule ,Client and Company may modify or add to the record material included in the Schedule of Stored Materials by written Agreement.Such additional materials shall,unless otherwise indicated in writing,be deemed to be held under the same terms and conditions as the stored material 2.ACCEPTANCE In the absence of an executed contract,the act of tendering said material for storage and /or other services by Company constitute acceptance by client to the terms,conditions and rates of this contract . &RATES Client agrees to pay Company for its services according to Company's then current Schedule of Rates and any revisions thereto.Monthly rates shall be due in advance Rates may be changed upon thirty(30)days notice to the Client.For Stored Materials received during a month or stored for a portlon of a month,charges will be assessed according to the Schedule of Rates ,Additional charges,if any shall be paid simultaneously with monthly rates.Storage charged per day based on the number of days in the billing month . 4.ACCESS TO STORED MATERIALS a.Stored Material and information contained in said Stored Material shall be delivered only to Client's Authorized Representatives.Client represents that the Authorized Representative has full authority to order any service fo or removal of the Stored Material,and to deliver and receive such.Such order may be given in person by telephone or in writing b.When Stored Materials are ordered out,a reasonable time shall be given to the Company to carry out said instructions;and if it is unable to do so (or to provide any other service herein contemplated)because of acts of God or public enemy,seizure or legal process,strikes,lockouts,riots and civil commotions,or other reason beyond the Company 's control or because of loss or destruction of goods for which the Company is liable,or because of any other excuse provided by law,the Company shall not be liable for failure to carry out such instructions or services . c.The Company reserves the right to deny access to or delivery of the Stored Materials until such time as Client has cured any default under this Agreement d.Authorized Representatives of Client shall have the right at reasonable times and upon reasonable notice to examine the media and /or records and compilations of data of the Company,which pertain to the performance of the provisions of the Agreement, 5.LIMITATION OF LIABLILITY 5.1 COMPANY'S LIABILITY,IF ANY,FOR LOSS,DAMAGE,OR DESTRUCTION TO THE STORED MATERIAL SHALL BE LIMITED TO THE ASSUMED VALUE;UNLESS AN ACCESS VALUATION IS DECLARED,IN WHICH CASE THE COMPANY'S LIABILITY SHALL BE LIMITED TO SUCH EXCESS VALUATION,IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATION OF LIABILITY SHALL APPLY IRRESPECTIVE OF THE CAUSE OF LOSS,DAMAGE,OR DESTRUCTION OF THE STORED MATERIAL . 5.2 Stored Materials are not insured by Company against loss or injury,however caused. 5.3 The Client understands and acknowledges that normal deterioration and aging of all record media occurs with time . 5.4 Claims by the Client for loss,damage,or destruction must be presented in writing to the Company within a reasonable time and in no event longer than 60 days after delivery or return of the Stored Material to the Client or 60 days after Client is notified by the Company that loss,damage or destruction to part or all of said Stored Material has occurred,whichever is shorter , —5:5 No acltdn ar suit may be maintained by toe Client 6r'6 ers againstthe Company for loss;damage ordesWction of the Stored-Material-by-the Company pursuant to this-Agreament,unless timely written claim has been— given as provided in Section 5.4 of this Agreement,and unless such action or suit is commenced either within nine months after date of delivery or return by the Company or within nine months after the Client is notified that loss,damage or destruction to part or all of said Stored Material has occurred,whichever is shorter 6.TERM a.The Term of this Agreement shall commence on the date of the Depositor's signature.The initial term shall continue for one year and will automatically renew on the anniversary of the effective date for successive one -ye; tens.Unless written notice of non-renewal is delivered by either party to the other no less than 60 days prior to the expiration of the renewable term,this agreement shall be renewed automatically . b.In the event this Agreement is terminated by the Depositor prior to the expiration of the term,Archive Management Service,shall be entitled to recover damages .These damages include attorney fees and costs,a sum equal to the average per diem charges for services and storage theretofore earned times the number of days remaining in the unexpired term .This sum shall be calculated and paid before termination or permanent removal of more than 50%of stored goods. 7.DEFAULT 7,1 The occurrence of anyone or more of the following events shall constitute a default (Event of Defaults'): a.UNPAID BILLS Bills are due when presented.If Depositor fails to pay the charges of Archive Management Service,Inc.for a period of thirty days after the date of the Invoice,Archive Management Service,Inc.may refuse access to Depositor's stored goods.In addition,in the event of any default under this agreement the Depositor shall be liable for any costs,expenses,charges,labor and freight,which Archive Management Service,Inc Incurs by reason of any return of stored items to Depositor,Depositor will be liable for late charges on any delinquent account at the rate of 18%per annum,compounded monthly,which shall accrue on any bill not paid by the end of the month In which it is presented.Depositors shall be liable for and all costs and expenses incurred in collecting any invoice,which is in arrears including reasonable allomey 's fee.If Depositor is consistently delinquent(defined as being late in the payment of any three or more invoices in a twelve month period )Archive Management Service,Inc,at its sole option and its sole discretion may declare this Agreement in breach, may sue for unpaid balance of the term of this Agreement and shall require full payment of all outstanding sums by certified check prior to delivery of stored goods to the Depositor .Whenever more than 50%of the Depositor's stored goods are removed or destroyed upon the Depositor's instructions,the Depositor shall pay in full all outstanding invoices,including costs of services for removal and/or destruction before the removal or destruction is undertaken by Archive Management Service,Inc,Nothing herein shall preclude Archive Management Service,Inc.from pursuing other remedies authorized by statute or otherwise. b.Breach of any provisions of this Agreement;or c.Client becomes insolvent or files or has filed against It any proceeding in federal or state court seeking debtor relief . 7.2 Upon the occurrence of any of the Events of Default,Company at its sole option,may exercise ay or all of the following remedies without termination the Agreement a.Demand in writing that Client pick up the Stored Materials;or b,Deliver the Stored Materials to the Delivery Address,or if non-specified,to the Client Address. c.Upon thirty(30)days advance written notice to the Client,Company may destroy the Stored Material, (In this regard,the Client recognizes that since the Stored Material has little or no market value,that sale of the materials would be impossible,and destruction is the only way for the Company to mitigate Its damage .) d.If this Agreement shall not have been terminated,Client Shall continue to pay all sums due under this Agreement up to and including the date of deliver of the stored material ,(See B above). e.Terminate this Agreement,whereupon Company shall recover all damages suffered by reason of such termination . In the event Company takes any action pursuant to this Section,it shall have no liability to Client or anyone claiming through Client .The exercise by Company of any one or more of the remedies provide in this Agreement shall not prevent the subsequent exercise by Company of any one or more of the other remedies herein provided .All remedies provided for in this Agreement are cumulative and may,at the election of Company,be exercised alternatively,successively,or in any other manner and are in addition to any of the rights provided by law ,Company shall be entitled to include all reasonable attorney's fees and costs incurred in connection with the enforcement of this Agreement 8.DESTRUCTION OF USELESS RECORDS Upon written instructions from the Client or Authorized Representative,the Company may destroy Stored Material .The Client releases Company from all liability by reason of the destruction of such stored material pursuant tc such authority. 9.TITLE WARRANTY The Client warrants that it is the owner or legal custodian of the Stored Material and has full authority to store said record material in accordance with the terms of this Agreement 10.INDEMNIFICATION Unless caused by the negligence of the Company,the Client agrees to fully indemnify and hold harmless the Company,its officers,employees and agents for any liability,cost or expense,including reasonable attorney 's fee that the Company may suffer or incur as a result of claims,demands,costs or judgments against it arising out of its relation with the Client or third parties pursuant to this Agreement 11.RULES a.The Client agrees to comply with the Standard Operation Procedures of the Company . b,The Client shall not,at any time store with the Company any narcotics,materials to be considered highly flammable,explosive,toxic,radioactive,organic material which may attract vermin or insects,or any other materials which are otherwise illegal,dangerous and unsafe to store or handle in a closed area .The Company reserves the right to open and inspect any record materials tendered from storage and refuse acceptance of any record materials which fail to comply with the Company's storage restrictions and guidelines. 12.CONFIDENTIALITY The Company and Its employees shall hold confidential all information obtained by it with respect to Client 's records.The Company shall exercise that degree of care in safeguarding deposits entrusted to it by Client, which a reasonable and careful company would exercise with respects to similar records of Its own,provided,however,that liability of the company to Client shall be limited as set forth in Schedule A 13.MISCELLEOUS This Instrument(together with any Schedule attached and documents incorporated herein)constitutes the entire Agreement between the parties,and supersedes any and all prior Agreements,arrangements and understandings,whether oral or written,between the parties,This Agreement may not be assigned by Client without the consent of Company No modification of this Agreement shall be binding unless in writing,attached hereto,and signed by the party against which it is sought to be enforced .No waiver of any right or remedy shall be effective unless in writing and nevertheless shall not operate as a waiver of any other right or remedy on a future occasion,Every provision of this Agreement is intended to be severable.If any term or provision is illegal,Invalid or unenforceable provision,there shall be added automatically as a part of this Agreement a provision as similar in terms as necessary to render such provision legal,valid,and enforceable,This Agreement shall be construed in accordance with the laws of California without giving effect to its conflict of laws and principles . All Schedules,if any,attached hereto are hereby incorporated by reference and made a part hereof ,The term"Agreement'as used herein be deemed to include all such Schedules.All notices under this Agreement shall be in writing,Unless delivered personally,all notices shall be addressed to the appropriate addresses noted herein or as otherwise noted in writing in accordance with this provision .Notices shall be deemed to have been received of as the date of posting if mailed in accordance with this Section.All words and phrases in this Agreement shall be construed to include the singular or plural number,and the masculine,feminine,or neuter gender,as the context requires Nothing in this Agreement shall be deemed or construed to constitute or create a partnership,association,joint venture,or agency between th arties hereto ''� CUSTOMER INITIALS DATEL �� 06/16/06 15:47 FAX 9516562520 ARCHIVE MANAGEMENT (DEL,'/—U®LP— ��C�001 ARCBIVE MAXAGEMM j SERVICE 6455 BOX SPRINGS BLVD- RIVERSIDE,CA 9M07 •_ PHONE(951)656-1.238 »:J:tS" p>»:•!.L'Ci: �;^;. �•5.�, •^s»:oSN s.. �'ra'<S„ b�y�, `:»<•�foiy(,�l.S�':"»'Y°:`l•O•'o���4�<j.�''d"k''i�':ar'w�'3.5 .. e.ae'.•:;. aw'S•;p ,.'r arifi.:.r,{: � z;r.fi '''1+•a'w<;rx h:°�' qi :re `'a7U•7F'�s>:Ai`("f• ,�kt•,•>nSe:j '$ i";hs'Sf..:»fa�i��.,>w:q3::;��"?.,a,al:yf42?e;3"�'ryx';o»:��. 3a.;Fra R.,ono:•�"«^''i•'''�:S�r,.o ou: 2k3'.,fi$:a•�wf:°+,,r':''S'+a'oi:b`�:•>�}t:iir:�'�O .9»:S#. ki,v4'�id.k. n. »:e:,s.«;,, •Li:b:s �.N':�r.e:o.kK';ur• Ske?w"Ciwil�?:w�t<• :�a=,f;;,;e>«•sr�i:«e"• ;'3£�i"`.:'s�:ar:>:`:fi�?�q:�l,2r.�:u:�:s'.o>'>'s�?i"�'k `•fi:l�sCe^.�xa:,..,pst''�..a:.:�:.;u»:��?:fi:x•?ay;^r•?«�.�' "°srj�>�nr a�sb"`sii:�•�' A + ..•'�>`"°.Kq'.'':a:R< :`e�»xa•,a:c''.�'�: ,Y,ir•�:e>o..,,H»:�o '�'�•oi4�.�Gli'«:th>:..w".>v'' xe:t3�:,:�.h $:i��'>»�.�;ta•.b.az;.. r»:,:«.a '»•M' : i;y'•srw�:s�r.. ^;ar.ra�««'»::�, .>,�„��s''' •a�;:,,>:3. '�'f >;''«; ••,r»•w• .. .: <.."' 'r t5fx,>.ywSy �ib`;��:`0 4�y w' �`•o`• o• r'ar;fn''eiee<• „f a• irli°......:' �"t•C� 'a�•r:"axoio e:•>•wi,V•i{.r•>'{ fA a• .. wa:s`".w:Fv '9°.«�:"°'.`�..:' Y h a �"Q�f;a.o:� ('�3`.�`.. si:. {,;,a;�':f' �'>$�,e�.s«;{3wa>ri���:•;�pj� C1gC� `:.. r�` "'`''$ssy�:�°+."!»:'r:a�r���•oir.:ea;��'�"::.�'.,3{{»»��:?:3::,:.{afi:'ss:".':!i�e•.�r:.xw::'�«...k�.srk•+:, s:»'r VWa�l.3 com facsimile buns- To. Steve Berry Fax: 909-783-7629 From. Wilma Young Date: 6-16-2006 Re: Service Agre pages. 3 CC: ❑ p� +or Review Please ❑Please Rep1y Cl Please Recycle I3"i Stever H=is the agn meat.Please review,sign and date both pages and fax back I MU then get your accouut open.Them you and/or Dragos wl need to let me know which transportation containers you would 1&e(or if Drvos can give me vkax tS+pe of media size it k 8=LTO,DLT etc.,I can let you know what cot ainers wM house this.You could also bring a sample when I meet you on Wednesday if that is easier Thank you and have a gmat weekend. 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S.. .44 a w•�lk•' �fii�'�h'x'«�v�.�` SS��ie k�.1a-: . d:.jµ>:L wJ x 1< � �• rf � � r .�+a:c }xa:w'e 'i:`..>S: !• �x>i' w, r S g� iP y .$1, T- �;�:. � '>�;;�.:s:»:e:;a«•?`>r:a>y"'«' ?<'aR;;R`e:,q;"o,:.>«:9:'x: k;«'i,wt2e'"'{'�.'•ax�"t:;�SS,'e""""; �i.:y,'s">:?',':'�i,.;;;"::�- x.�;�w`>^'.•.;o."'t{•r`ra.'.:s�*�.•.'�•.v.'{Yr.,,,,`�'`%Fr••.•:�; o n.•,As,.��ns:R<kkS.:'Y`;aw.'M.>>^�.',;s"'�`:i'a{,��«' !1'ii». :.x'...l.r.`Fx>ii7S,'p¢�ri,.rx:i e:eii...e b..wa mo... •�^.»• 'iF' a a,iA��{o. v s•R+.: .:..•. arr.�.„ ,..aw,y:o<«. .. 3.>«..�, f»•>.�:.:..... o. 1. 06/16/06 15:48 FAX 9516562520 ARCHIVE MANAGEMENT _ 2002 Archive Management Services, Inc. Account#: of the Inland Empire Quotation#: 1181 Source#:6 �` (951)656-2238 FAX:(951)656-2520 www_archivemanagemerttoom E-mail:ams@&rphlvemanagement.com M�a� TAPE ROTATION SERVICE AGREEMENT BILLING ADDRESS SERVICE ADDRESS: Name: CITY OF GRAND TERRACE Name: CITY OF GRAND TERRACE Address- 22795 BARTON ROAD Address: 22795 BARTON ROAD Address: GRAND TERRACE,CA 92313 Address: GRAND TERRACE,CA 92313 Contact: STEVE BERRY Contact: DRAGOS BARSU Phone: (909)430-2226 Phone: (909)430.2231 Fax: (909)78$-7629 Fax: (909)783-7629 E-mail: E-mail: ❑ Secure Media Service N Underground Vault Media Service Storage: $35.00 minimum+$0.20 per item/ Storage: $75.00 minimum+$0.50 per item 1 $3:50 per Cu. Ft $7.00 per Cu. Ft Media Tracking: $0.20 per item per month Media Tracking: $0.20 per item per month Add Items: $1.95 Each Add Items: $1.95 Each Dock Access: $1.00 Cu. Ft Dock Access: $1.00 Cu. Ft. Permanent Removal: $1.95 per media item I Permanent Removal: $1.95 per media item/ $2.95 per Cu. Ft $2.95 per Cu. Ft A one-Emu charge upon storage purge(n addtion to retrievao A one-time charge upon storage purge(in addtion to retrieval NOTES: Standard Retrievals and Refiles: $1.00 each per item Client hereby acknowledges receiving a Copy of this agreement and has read its terms and conditions printed hereon-Including the reverse Standard Retrievals and Refcles: $1.95 each per Cu Ft. side- Client hereby accepts these terms and conditions and affaes Labor/Data Entry: S36.00 per hour his I hersionatu,re hereto. *Extensive seMhes subject to hWrlyrate. lent or authorised representative(print) 'title After Hours:$75.00 Holiday:$100.00 Messenger"(24 hr.):other zone charges may apply S• nature of client or authorized representative Effective date $15.00 per trip+$1.00 per item/$1.00 Cu. Ft Wilma J Young Oe 16/2 date 6 -'plus drive time/during regularhours!'reasonable quantities. pa y repr entative(pri ) Effective date 9 hourand 4 hourservice available oelie12006 All otherservices at standard rates,see Standard Rate Sheet Co pany representative lEffactive date ARCHIVE MANAGEMENT SERVICE-hereinafter referred to as the Company-agrees to accept for storage and to p vide services for the above named client-hereinafter referred to as the Client-based on rates as stated in the rates sections of this agreement Contents of Clients goods not verified by the Company. CLIENTS DECLARATION OF VALUE The Client declares the value of all business records transported,stored,handled or serviced,now and hereinafter for this account,shall be V-00 per cubic foot The value of all magnetic media including but not limited to computer tapes,disks,video and audio tapes,etc,transported,stored.handled or serviced now or hereinafter for this account is actual value of the storage media only. AMS 03 2005 06/16/06 15:48 FAX 9516562520 ARCHIVE MANAGEMENT 12003 STANDARD TERMS AND CONDITIONS 12104 (Approved and PiOmulgetd by the ASSoofalion of Comm=laf Records Center-March 1969) Quotation 1.STORED MATERIAL m moth or add to Dta record Material included in the From the effective date for a Darla Of one year,the Company Shah store and service the Stored Material idonlflled an the deemed to be held u the same and conditions as the stared material . Schedule of Stored Materials by written Agreement.Such addlllonal materials shall,unless otherwise indicated in writing, be 2_ACCEPTANCE tract In the absence of an executad ccnJn&t the act of tendering said material for storage and for other services by Company constilUte acceptance by cfienl to the farms,conditions and rates of this con 3.RATES CriRA agrees to pay Company for its services according to Company's Then currant schedule of Rates and any revlsiorw thereto.MonOhly ralee snail be due in advance.Rate4 may be chan9Ed upon thirty( days note to the CtienL For Stored Materiels reeelved during a month or stored for a portion of a month,charges will be assessed according to the Schedule Of Rates .Additional charges,zany shall be paid simultaneously with monthly rates.Storage charged per day based on the number of days in the hnrmg month. rvicalb 4.ACCESS TO STORED MATERIALS Fom a.Stored Materiel and Iriation contained in said Shad Materiel shall be delivered only to Client's Authorzed Representatives.Clent represents that the Authorized Rep Uwe has NII aulhonlY to order mry se or removal of the Stored Material,and to deliver and receive such,Such order may be given In person by telephone or In writing. IL When Stored Materials ere ordered oul,a reasonable time shall be given to She Compaq to carry out said instructions;and wills unable to do c (or to pro ord any other of good herein ichthe contemplated) of acb of God of public enemy,seizure or legal process,strifes,lockouts,riols and civil commobans,or olher reason beyond me Company IS control of because of loss ordenWcton of goods iorwhich the Company is liable,or because of any other excuse provided bylaw,the Company ahan not be gable for failure to Carry out such instructions of services . c.The Company reseed the right to deny access to or delivery of the Stored Materiels unlit such time aS Client has cured my default under Us Agreement . d,Aulhoized Representatves of Client shall have the righl at reasonable limes and upon reasonable notice to mramine the media and for records End canpllations of date of the COMM,which pertain to the performance of the provisions of the Agreement. S.LlMlTATiON OF LLABLiuiT 5.1 COMPANY'S LIABILITY.iFANY,FOR LOSS,DAMAGE,OR DESTRUCTION TO THE STORED MATERIAL SHALL BE LIMITED TO THE ASSUMED VALUE;UNLESS AN ACCESS VALUATION IS DE WHICH CASE THE COMPANY S LIABILITY SHAIIHE LIMITED TO SUCH EXCESS VALUATION,IN No EVENT SHALL THE COMPANY BE LIABLE FORANY CONSFOUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATION OF LIABILITY SHALL APPLY IRRESPECTIVE OF THE CAUSE OF LOSS,DAMAGE,OR DESTRUCTION OF THE STORED MATERIAL L. 5.2 Stored Materials are not Insured by Company against loss or injury,however caused. 5.3 The Client pndarslands and acknowledges that normal deterioration and aging of all tecard media occurs vriih time . 5,4 Claims by the G[enlfor loss,damage,or deStrmot[on must be presented In writing to the Company within a reasonable time and in no event longer than fit days attar delivery or return of the Stored Material to the Client against t e company that after Client Is notified by di lass,damage or destruction to part or sit of said Stored Material has=qed,whichever is shorter . or No action r suit may be maintained by the Client or others he Company for loss,damage or destruction of the Stored Material by the Company P�uanl to this Agreement unless timely written claim has hen ess or 60 days aft given as provided in Sedlon 5.4 of this Agreement,and unless such action or suit is commenced either within nine months after date of delivery on return by the Company or wllhin rime months alter Ina Client is noUUed that loss,damage or destruction to pad or all of god Stated Material has occurred,whichever is snorter. 6.TERM a.The Term or this Agreement shag commence an the date of the Depositor's signature.The Initial tan shall continue for one year and will automatically renew on[he anivemary Of the effective date fors ve one -gel tern.Unlesa written notice of non-renewal is delivered by either party to the ether no less than 60 days prior to the expiration of the renewable term,this agreement shall be renewed automatically. b,In 1pe event MIS Agreement is terminated by the Depostor prior to the expiration of Iha tern,Archive Management Set*%shall be entitled to recover damage .These damages Include atomey fees and crosla,a sum equal to the average pet diem charges for services and storage theretofore earned limes the number of days remaining in the unexpired Gann ,This sum shag be calculated and paid before lerminaUan of parmnent removal of more than 50%ofatoredgoods. ?.DEFAULT 7.1 The Occurrence of anyone or more Of the fogawing events shall Constilluteadefault (EvenlofDefsulLs'r 10 a.UNPAID BILLS Bills are due when presented,IF Deposilor fails to pay the charges of Archfva Management Service,Inc.for a period of thiriy days afterthe date of the invoice,Archive Mariagen uAl Service,inc.may refuse access Depceilor'sstord Goods.In addition,In the event of any default under this agreement the Depositor shall be liable for any costs,expenses,chargm labor and freight,which Arebive Management Service,Inc .Incurs by reason of any rabim of stored Reins to Depositor.Depositor will be liable for late charges on any delinquent account at fie rate of 18%per annum,compounded monthly,which shag accrue on any bill not paid by the end of the month in which it is presented.Depositors shag be liable for and all costs and expenses Incurred in collecting any Invoice,which Is In arrears including reasonable adomey 's roe-If Depositor is catnSl PUY payment of any three as being hale In the paym or more inuoless in a twelve month pedd)Archive Mnagement Service,Inc.at its sole option and Its sole discretion may declare this Agreement in breach, delinquent(da5ned may sue for unpaid balance of the term of Agreement and shall require full payment of an outolendmg sums t It ry cerlifled check prior to delivery or stord goods to Ins Depositor •Whenever Mora then 50%of the ordeessructo stored5 uundertaken by AmhlveorManag e t 6ervfee,DInc.Nothing herein shall preclu the de Archive mmagemenit outstanding Service,Inc.from pursuing ng other remedies authorized by statute or 0111A Bse including costs a1`ssN1GeS for removal and on before the removal D.Breach of any provisions of toffs Agreement or C Cliedbecomes insolvent or 9os or has fad against it any proceeding in federal Or state court seeking debtor relief. 72 Upon the occurrence Of airy of the Events Of Default,Company atits sole option,may etairdiise ay or all of the following remedies without lermination the Agreement a Demand In writing that GTent plck up the Stored Mafarials;or to the Client Address.b.Deliver the Slotted Materials to the Delivery Address,or If non-spCdfled, c.Upon tlrriy[30)days adh2rtcewritton notice to lire Client Company may destroy the Stored Material, (In this regard,the CGsntrecogn¢es that since the Shored Material has riWeor no market value.Ihatsa e maledals would be lmpossible,and destructon is[he only way for the Company to mitigate Ito damage ,) d,If Iris Agreement shall not have been terminated,Client shall continue to pay all sums due under this Agreement ap bad including the date of deliver of lime stored material .(Sea B above). e,Terminals lhisAgrsamept,whereupon Company shall recover all damages suffered by reason of such lemminaton . In the event Company lakes any actor Pit to this 5rrct on,it shall have no gabby to Criantor anyone claiming[hrough Client .The exercise by Company of any One or more of time remedies provide in[his Agreement shag not prevent lime Subsequent exercise by Compaq of any one or more of the other remedies herein provided .All remedies provided for in this includ Agreement are cumulative and may,et the election costs I of Company,be exercised alternatively,sutCessivety,or In any other manner and are in dtliUen to any of the rights provided by law ,Company shag he enticed to include 8tl reasonable anamdy's tees and Costs lnah[d In mftneCton win the ethrmcemenl of this Agreement. &DESTRUCTION OF USELESS RECORDS des Slated Material .The Cllenl raleWas ComPenY from all fiabiUty by reason of the desWction of such Stored material punivant lc Upon wdfldn instructions iron the Client or Authorized Representative,Ire Company may �Y such authority. 9.7frLEWARRANTY The Cricatwerranls thatllis theownerarlogal ouslor5an of the stored Material and has fun authority to store said record material in accordance with the terms ofthis Agreemen 10.INDEMNIFICATION Unless caused by the negligence of the Company,dhe Client agrees to fully lndemnlf end hold harmless the Company,Its officers.employees and agents for any nabitly,castto or expense.including reasonable amey 9 Fee Drat the Company may suffer of incur es a result of claims,demands,cosh oriudgmento against It arising out of its relation with the Client or third pastes pursuant to ads Agreement , 11-RULES a.The Clientagraes to comply with the Standard Operation Procedures afthe Company. an c materiel which rosy atlractvermin Crinsn'�,M any otter materiels b.The Cllenl shall not,at any time store with the Company any nantOUCs materials to be sonsidetad highly flammable,explosive,toxic,Radioactive,all which are omatwise Negal,dangerous and unsafe to Store or handle Ina closed area-The Company reserves the right to open and Inspect arty record materletts tendered from storage and refuse acceptance Of shy retold materials which fail to comply with the Company's storage reslflaons and guidelines. M CONFIDENTIALITY The Company and its employees shah bald ranlldentiel all infonnation obtafnad by itwltn reseed to Client's records.The Company Small exercise That degree el care m safeguarding deposit entrusted to it by ClIent. wblch a reasonable and careful company world emclas wish respects to slmUer records of its own,provided,however,IhB[liabllily of the company to Client shall be limited as sel forth in Schedule A . U.MrsCELLEOUS This instrument(together with any Schedule attached and documents incorporated herein)cormsgWtes the entire Agreement between the parties,and supersedes ny send an prigrAgreements arrangements an t erato,andlSigned hby this arty agaiinst which It I an parties too b9 enforced No waivhis Agreement er of Rolbny�right or remedy Client shall be effective rmless in writing and nevertheless shalldificaMn ot operatenas a wover binding or any otherunless or remedy o attached hereto,and signed el Ire Pedll a9 fihhsa occasion.Every provision of Into Agreement is intended Lobe severable.If arty farm or provision is Illegal,invalid or nen[ohceahle provision,there shall be added automatically as a pail of trots Agreements prov on as timilarin All schedules[arms nyan attach ed h to render suchereto ails herebprovision in=poreld byalr leferen and ce and made a part hereof Thehell be construed in accordance with term.Agreement used herein be the to l�ncl ds all without Schedules Giving effect All notices der this Agroct of laws and eme t shot be fen hedulBwrIong.Unless d attached personally,all°°tires Shall be addtCsred to the gppropriate addresses noted herein Dias otherwise noted in wrlUng in accordance wllh thus prwldon .Notices shag be deemed to have been gender,as the's data Of posting uires ANolhlnt9 in to Agreement Shea h Section e deemed All o Words tand o constituteamEBs in lscroutece a n�ineeshlp be oas�soGiation itmad to ointvenlclude weino agencylbbalween oral the parties and h trougne,femwne,or neuter CUSTOMER INITIALS DATE 06/14/06 16:12 FAX 9516562520 ARCHIVE MANAGEMENT 001 ARCHIVE MANAGEMENT[ SERVICE 6455 BOX SPRINGS BLVD. RIVERSIDE,CA 92507 • PHONE(951)656-2238 of»s>»».�� • ).s•x: ' >»>'o>:.>j»U.q:'v>sxn>ef :�•..:•: `y£ie7£�;� :. `ka��' ?,! d S r.;f. x .•sx: .•»'I�Nb:e: d: ;•p•. ... . ............................. o>.•:»:£t:exor,t sxs,<,;ys;'ss:e:,b;£:srgyC,•, ..»+;�:.:»3>i•.s,>b>.e ,:}s Ri�3ixi£. :� `:>+•>':, :e•:�es:a>is°ti�t .}r,;,•£s:<^;n:�a£ K ,: �;.;"`a',[j«is>.%r>;xa».o>, •:: 4:A°.4�gr:3i:A`�£ir££; £r,�r�k£.oG ,[I.'n;<;£,rh;<.<ic.� i .sb+�n::r10.'S',i;>[s.ii",i:e•..>.�.At a,�?�',?'h:�,g;rt tx»•• >:e3:. t:..'��°'•h;.},;.}«. n.<. .,..`�;:..',t<.+i!.wF.k.�s<..<t«.o<r�Eda<s<!� >„ .,.i6A,"'s.wn.q;•�kk;w[ d.o.�S,.d Aa a�.s .;e»rxm. ;>K;.>a:,.7> 7t�X <hs'"'s'�i�.i..:nr?'»i»:'e:•>LP�'•,R;::ae:'e: £..,soaaau.e .sk i.i:£,: s....s y.. .ro•.»o:.:8 :� .�'1•tsY i!»i' os»se:w:exw<s.Q.?> > de.`.or ta`b....w'�"b.ksyise�.. ,fi�,R� ....,bxes'' sFs`<.:<:iL'2tai<�s4»�.s•ex•n >x 6 t+oi: s• er »,%•''' k>'r` u '.•,: +yp,: <..i.L:<e`s«.<.<swt•�.s:1. -,t:> .a':•c<rg:,tija: s..E ',,.te'k' .;,. �. ..• 'eefi:,s:�s. w•ss x. ...sa`> > >h, er-•.'pi:•� s" '`<w..a,.e.w.<.a.< a .:»:o:q:o>:x:is;r•• `•:•.'••A�i�»>�r�',;��,�'O' ia.'+, •� +�� ew; ee a•es ex>»:e:»x:vy:�:?',e�:�,.�.. ? °< : e;!•e%,S;s e;•,`v $Z'41LLVGWa•,9..'„»:�.,,.,3.•. e�Suq «;;:•:£:£::Rv:1:; }£;.id.`.',?':`.::.uZ??:si?3?':'s3io39?iY:Lo..Zx.......,............................>»:.».:.>.»:,lr;.S3s>;sr»;sr�•:�r:,:.rt}:,.......... .. ?.wy0unig g .3`'}• ...�. ir: i Com facsinAe transmittal To: Steve Berry Fax: 909-783-7629 From: Vylhna Young bate: 6-14-2006 Re: Proposal Pages: 3 CC: ❑ For Review lease Comm ❑Please Reply ❑Please Recycle Hi Stever Here is the proposal for the service on a once a month basis.I also sent a rite sheet that shows destruction,urgent retrievals(1 hour or 4 hour)etc.,if needed.I can always provide additional explanation if needed Let me know when I can bring the container brochure to your IT guy so we can see the exact type oftape and I can order what you guys need,You vA not need large containers so they ghovld be more in the$40.00-$60.00 range depending what you pick.Take care and you can email me with any questions. 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K9': <:[S. ?: :. ?.a?u.? ?.9:...? ......... .:.. ....X...X.7... 06/14/06 16:12 FAX. 9516562520 ARCHIVE WAGEMENT IM 002 ' I OFSM MAMEMM ESTIMATED PROPOSAL DATE 6-14-2006 City of Grand Terrace Steve Berry-Asst. City Manager 909430-2226 909-783-7629 fax Tape Rotation-Underground Vault 2 containers(1 cubic foot each)_One rolawd"ie and 1 rotated"out7 one time per month- Monthly RATE PROPOSED STORAGE/Standard $75.00+$.50 per item/$7.00 $89.00 per cubic foot MEDIA TRACKING $.20 per item $0.40 DELIVERY/ROTATION* $15.00 per trip+$1.00 per $18.90 Standard/Zone 1 item 1$1.95 per Cubic foot (One trip per month) RETRIEVALS and REFILES $1.00 per item 1$1.95 per $3.90 Standard cubic foot(1 "In'and 1 'out") DOCK ACCESS* $1.00 per item If needed Standard Notes: Transportation containers will be needed for the rotation.You can purchase from AMS (this is a °one-time"purchase)or you can provide your own. Please note that there is a one-time charje of$1.95+$.04 per bar code to"add"media Items to the account. _ 06/14/06 16:13 FAX 9516562520 ARCHIVE MANAGEMENT 0 003 a � SERVICE OF TIM WAM WPM STANDARD RATES-Electronic Media Fire Proof Drawers-Storage $35.00 per drawer(1 Cubic Foot)+$20 per item Climate Controlled Vault-Storage $75.00+$.50 an item/$7.00 CF Media Tracking $.20 per month per item Delivery/Pick up Zone 1 24 hours $15.00+$1.00 CF/$1.00 per item Zone 2 24 hours $25.00+$1.00 CF1$1.00 per item Zone 3 24 hours $36.00+$1.00 CFI$1.00 per item All Zones 4 hours add$15.00 1 hour add$35.00 Data Entry/Labor $36.00 hour Retrievals-Refiles $1.95 per CF/$1.00 per item 4 hours add$5..85 1 hour add$7.80 Add Media Item $1.95 each Dock Access $1.00 per item 4 hours add$10.00 I hour add$20.00 Destruction of Electronic Media $31.00 CF Permanent Removal $2.95 OF/$1.95 per item All other services at standard rates