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INGURANOF ON 1=111
<br />WORK MAY PROCEED
<br />'C UNTIL INSURANCE EXPIRES
<br />6 - Lo -- lo__......_..__...,_...,___
<br />CLERK OF COUNCIL
<br />DATE;
<br />AMENDMENT NO, 1 TO THE
<br />DATA PROTECTION SERVICES AGREEMENT
<br />A-2016-040
<br />THIS AMENDMENT NO. 1 (this "Amendment") to the Data Protection Services Agreement by and between Recall Total
<br />Information Management, Inc. (hereinafter referred to as "Recall") and City of Santa Ana (hereinafter referred to as "Customer")
<br />dated February 9, 2010 (the "Agreement") is effective as of the 15th day of March, 2016 (the "Amendment Effective Date"), and is
<br />by and between Recall and the Customer.
<br />WHEREAS, Recall and Customer have previously entered into the Agreement, whose initial term was from February 9, 2010
<br />through February 9, 2012;
<br />AND WHEREAS the Customer elected to extend the Agreement for a 24 -month period, through February 9, 2014, after which
<br />Recall has continued to provide services to Customer on a month-to-month basis under the terms of the Agreement;
<br />AND WHEREAS, Customer desires to again extend the term of the Agreement for a fixed term;
<br />AND WHEREAS Customer desires to receive secure destruction services from Recall Secure Destruction Services, Inc., an
<br />affiliate of Recall Total Information Management, Inc. (hereinafter also referred to as "Recall");
<br />AND WHEREAS, Recall and Customer desire to amend the Agreement as set forth herein.
<br />NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and
<br />valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
<br />1. Section B2, Term, of the Agreement Is hereby amended by extending the term of the Agreement for an additional two (2)
<br />years, effective March 15, 2016 through March 14, 2018. Thereafter, the term of the Agreement may be extended for three (3)
<br />additional one-year terms (each a "Renewal Term") on the same terms and conditions by a writing executed by Customer's City
<br />Manager and City Attorney. Notwithstanding the foregoing, should a writing not be executed between the parties at the end of the
<br />third additional one year term, the Agreement term will continue on a month to month basis until terminated In writing by either
<br />party with thirty (30) days written notice.
<br />2. The total annual expenditures for the services rendered by Recall under the Agreement, as amended by this Amendment,
<br />shall not exceed $16,900.
<br />3. The Agreement shall be amended by adding the following provisions, specific to secure destruction services, to section
<br />131 of the Agreement, and such terms and conditions, in conjunction with the Agreement, shall govern the provision of secure
<br />destruction services to Customer:
<br />1.1, Recall Secure Destruction Services, Inc. agrees to provide to Customer certain secure destruction services
<br />("SDS Services") with respect to records, documents and media items provided to Recall by Customer for
<br />destruction ("SDS Materials" and/or "Customer Materials"),
<br />1.2. Services Description. Recall agrees to: (a) furnish containers to Customer at the locations specified in the
<br />Schedule 1, to be used exclusively for the deposit of the SDS Materials, and (b) collect the SDS Materials from
<br />the containers in material accord with Recall's schedules, which may be modified from time to time upon notice
<br />to Customer and (c) cause the SDS Materials to be destroyed by shredding equipment so as to render the
<br />contents unreadable. If requested by Customer, Recall shall provide a Certificate of Destruction along with
<br />Customer's invoice.
<br />1.3. Containers and Materials. Recall shall at all times retain title to and all rights of possession of the containers
<br />provided pursuant to Section 1 above. Recall's containers shall not be used by Customer for the disposal of
<br />other types of materials unless opproved by Recall in writing prior to collection. In no event shall Recall's
<br />containers be used for the disposal of any hazardous or toxic materials, or non -paper materials, metals, solids,
<br />plastic, liquid, food, medical waste, or other materials (collectively referred to herein as "Contaminants") which
<br />could damage or contaminate Recall's containers, vehicles, machinery, or equipment, or cause injury or death to
<br />any of its employees or agents. In the event Customer deposits any Contaminant in a Recall container,
<br />Customer shall be charged the then -current Recall Contamination Fee. Furthermore, to the extent any Customer
<br />Contaminant results in either: (1) damage to Recall equipment, vehicles or machinery; and/or (2) Injury or harm
<br />to any Recall personnel, employees and/or agents, then Customer shall be fully responsible for reimbursing
<br />and/or Indemnifying Recall for such damage, harm and/or injury, Recall may remove the containers, along with
<br />any Customer Materials contained therein, upon any termination or expiration of this Agreement. Recall shall
<br />have title to and all rights of possession to the Customer Materials following its destruction, including, without
<br />limitation, the right to recycle such material. Customer shall (a) maintain Recall's containers in a secure location
<br />that is readily and safely accessible to Recall personnel and equipment and (b) exercise reasonable care to
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