HomeMy WebLinkAboutIRON MOUNTAIN OFF-SITE DATA 1 -2000A-2000-0 68
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AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND
Arcus Data Securi~
THIS AG~EMENT, is made ~d entered into this 18th day of April, 2000, by and
between the City of S~ta Ana, a charter city and municipal co~oration duly org~ized ~d
existing under the Constitution and laws of the State of California ("City") and Arcus Data
Security ("Contractor").
WHEREAS, the City desires to retain the services of Contractor to provide the City with
data security services.
THEREFORE, in consideration of their mutual and respective promises, the parties
hereto do hereby state as follows:
1. Terms and Conditions
The term of this Agreement shall be for a period of two years, beginning on November
01, 1999, and ending on or before 30 November 2001, with an option, at City's discretion, of
three (3), one (1) year renewals.
Unless written notice of non-renewal is delivered by either party to the other not less than
sixty days' prior to expiration date, the Agreement will automatically renew for the additional
successive one-year terms, up to a total of three (3) years.
All terms mzd conditions more fully set forth in the following shall have full force and
effect in this Agreement:
a. Data Storage and Services Agreement (N-1999-182) as amended between
Contractor and the City (Exhibit A)
b. Services Fee and Pricing Statement between Contractor and the City
(Exhibit B)
c. Schedule A to Data Protection Services Agreement for Santa Ana Police
Records Dept (Exhibit C)
d. Schedule A to Data Protection Services Agreement for Santa Ana Police
Dept (Exhibit D)
e. Schedule A to Data Protection Services Agreement for City of Santa Ana
(Exhibit E)
Said terms and conditions are attached hereto as Exhibits A through E, and incorporated
herein by reference.
2. Scope of Services
The Contractor shall provide services as defined in Exhibits C, D, and E.
3. Compensation
The City will pay to Contractor total compensation under this Agreement which shall not
exceed $15,000 in the initial period of this agreement. Increases in pricing during any renewal
period are identified in Exhibit B.
4. Insurance
Shall provide the City with proof of general liability insurance naming the City of Santa
Ana its' officers, agents and employees as additional insured(s), as well as proof of workers'
compensation insurance and automobile insurance as required by State law.
5. Independent Contractor
Contractor agrees that Contractor is an independent contractor and not an employer of the
City and all Contractor's personnel shall be employees of Contractor and not employees of the
City. Contractor shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
6. Cancellation
Either party may terminate this Agreement for any reason upon thirty (30) calendar days
written notice to the other party. Written notice shall be given personally or sent through the U.S.
Mail, first class, certified, return receipt requested. Written notice is effective five days after
mailing.
7. Assigxanent
Contractor shall not assign or transfer any interest in this Agreement, whether by
assignment or novation, without the prior written consent of City; provided, however, that claims
for money due or to become due from City under this Agreement may be assigned to a bank,
trust company or other financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any such assignment or transfer shall be promptly furnished to City.
Inasmuch as this Agreement is intended to secure the specialized services of the
Contractor, Contractor may not assign, transfer, delegate, or sublet any interest therein without
the prior written consent of the City and any such assignment, transfer, delegation or sublease
without the City's prior written consent shall be considered null and void.
Nothing in this Agreement shall be construed to limit the City's ability to have any of the
services which are the subject of this Agreement performed by City personnel or by other
Contractor's retained by the City.
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8. Conflict of Interest Clause
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with the performance of the services specified
under this Agreement.
9. Certification of Nondiscrimination
By signing this Agreement, Contractor certifies that it does not discriminate in hiring or
treatment on the basis of race, color, creed, religion, sex, sexual orientation, age, marital status,
national origin, ancestry, physical handicap or medical condition.
1N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
(~P~ trivia E. Healy ~J // ~
Clerk of the Council (,___J
CITY OF SANTA ANA
a Charter Ci[y
yorA. Pulfdo
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attomey
Assistant City Attb~ney
AP PRO V ED A ST O CONT~NT:
/
./
City Manager
/RECOMMEND]~I~FOR APPROVAL:
Chief of Police
Finance &L~nt Services Agency
~~a~ Executive Director
Arcus Data Security
C ON S LT/LTANT~iglmure]
Name:
Title:
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Exhibit A
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DATA STORAGE AND
# 7.2783o;278 3;278o9 SERVICE AGREEMENT
SANTA ANA POLICE DEPTfRECOKDS DEPT/CiTY O] S~,.
20 CD/lC CENTER PLAZA M-29
C,ty SANTA ANA
N-1999-182
Billing Contact
State I Zip+4
27830; 27813; 27809 170
FOREST, CA 92630
Arcus Data Security, Inc. (the "Company") hereby agrees to accept for storage and to service under its management
system at Arcus facilities such records material (deposits) as Customer requests. Custc.~,,,zr agrc..~: tv Fay tee C_'tm ...-d
~,m: '.r. :!ri.o); and Customer agrees that all services shall be provided subject to the terms and conditions below and
OH reverse hereof.
VALUE OF DEPOSITS. Customer declares, for the purpose of this Agreement, that the value of the deposits is
limited to the cost of replacing physical media which is lost, damaged or destroyed. Customer acknowledges that it
has declined to declare an excess valuation, for which an excess valuation fee would have been charged.
LIMITATION OF LIABILITY. The Company's liability, if any, for loss of or damage to records stored on magnetic
media shall be limited to the replacement cost of such media· The Company reserves the right to provide replace-
ment of media rather than reimbursement. This limitation of the Company's liability will apply regardless of the
form of action, whether in contract or tort, including negligence. Any action against the Company must be brought
within the time period set forth in Section 5 on the reverse side hereof,
Date
SANTA ANA POLICE DEPARTMENT/SANTA ANA
~LICE RECORDS DEPT./CITY OF SANTA ANA
CONTRACT EFFECTIVE DATE
ARCUS DATA SECURITY, INC.
Name
Signature
Title
Date
PRISM
Exhibit A
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ARCUS DATA SECURITY, INC. STANDARD TERMS AND CONDITIONS
Exhibit A
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ADDENDUM TO THE ARCUS SERVICE AGREEMENT
OCTOBER 19, 1999
Section 2.
Term - This section is to be revised as follows:
The term of this Agreement shall commence on the date of Customer's
§ignature and shall be in effect for the following twelve (12) consecutive
months.
Section 10.
Indemnification - The word "solely" is deleted from this paragraph as
written in this section.
Signature~~ /~L ~Zl~
Title .~__~-
Accepted by Arcus Data Security
Name
Signature
Title
Date
Exhibit A
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
uy '-
'~31erk of the Council
CITY OF SANTA ANA
a municipal corporation of the
State of California
j rS'avl d--~. Ream
City Manager
APPROVED AS TO FORM:
~ sn~sht a nH( CYi~h~2 r n ~ ~)
RECj~MENDED FOR APPROVAL:
~~ector of Financ~
Exhibit A
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Exhibit B
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SERVICE FEES AND PRICING
Prices set forth above shall remain in effect for the first twelve (12) months of this Agreement. Thereafter,
upon thirty (30) days written notice prior to the anniversary date of this Agreement, the Company will
increase pricing for storage, library maintenance/handling management services, transportation,
administration and for other services provided by the Company to Customer under the terms of this
Agreement. The amount of the increase in pricing by the Company to the Customer will be one and one
half percent (1.5 %) rounded up to the nearest whole cent.
The storage and service rates set forth in the Agreement are predicated upon the expectation that the
storage volume and service activity frequency anticipated by the parties at the inception of this
Agreement will not decline materially during the term of this Agreement. In the event that the customer's
storage volume is reduced by more than 20% or its service volume is reduced by more than 20%, or its
transportation frequency declines, Arcus reserves the right to review program pricing prior to the
anniversary date of the Agreement.
All accounts are subject to a $75.00 minimum monthly fee.
Agreed To By:
CUSTOMER:
Santa Ana, Police RECORDS Dept. #27830
-, --~ /-'~t~t (- / ~,r
Date ,~ - c~ <: '
CUSTOMER:
Santa )ma, Police Dept. #27813
Name
Signature. _ ' ~
Title
Date
CUSTOMER:
City of Santa Ana, Information Services. #27809
Name
Signature
Title
Date ,d,)~ ~vo 0
ARCUS DATA SECURITY, INC.,
AN IRON MOUNTAIN COMPANY
Name ~~ )-<:'
Date ' '~ 'q~''-~ ' c_eO 0
Service Address:
Account Representative
60 Civic Center Plaza. Santa aha, CA. 92702
Samuel Jaimes 949-598-7000fax 949-598-7010
Exhibit B
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Exhibit C
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SCHEDULE A TO DATA PROTECTION SERVICES AGREEMENT FOR
SANTA ANA POLICE RECORDS DEPT-
This Schedule A is made part of the Data Protection Services Agreement # 17-27830 between
Arcus Data Security, Inc., an Iron Mountain company, and Santa Ana Police Records Dept.
Prices are effective from: 04-01-2000.
STORAGE
Open Media
Round Reels
8mm Tapes
DLT's
4mm Tapes
(Current) Cost per Item Cost
Qt¥ per Month Extended
I Open rack total Storage per Month I
$00.00
MANAGEMENT SERVICES
Technology Service Fee
Includes installation of Media Link software, documentation,
software upgrades and
two l-day training sessions.
Additional Media Link Training
Special Projects, Normal Business Hours
Cost per Month
$5O.00
$150.00 p/hour four hour min.
$35.00 per person hour
Special Projects, Outside of Normal Business Hours Quoted per event.
Normal Business Hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.
Arcus Data Security, Inc. an Iron Mountain Company
Santa Ana Police RECORDS Dept. # 27830
Exhibit C
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TRANSPORTATION
Transportation rates are valid 24 hours a day, 7 days a week, scheduled or unscheduled.
Scheduled Service Cost per Month
Once per Week pick up and delivery, iN CONJUNCTION WITH # 27813
$75.00
Total Scheduled Service charges per Month $75.00
Containers Qty Cost per Container Extended
Microfilm/fiche 97 $5.00 $485.00
l Total Container charges per Month $485.00
Critical
Emergency
On Demand
Unscheduled
Immediate delivery guaranteed within 1.5 hours to Santa Aha, CA.
$125.00 per roundtrip plus $1.00 per container
Immediate delivery guaranteed within 3.0 hours to Santa Ana, CA.
$95.00 per roundtrip plus $1.00 per container
Delivery within 24 hours.
$50.00 per roundtrip plus $1.00 per container
Disaster Recover,/
Transportation to hot-site (or other) quoted per event.
ADMINISTRATION FEE
Includes ID Cards, receiving tickets, authorization forms, standard reports $15.00
[Total Administration Fee per Month $15.00
TOTAL MONTHLY CHARGES
$575.00
Total monthly billing may fluctuate based upon services rendered.
Arcus Data Security, Inc. an Iron Mountain Company
Santa Aha Police RECORDS Dept. # 27830
Exhibit C
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Exhibit D
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SCHEDULE A TO DATA PROTECTION SERVICES AGREEMENT FOR
SANTA ANA POLICE DEPT.
This Schedule A is made part of the Data Protection Services Agreement # 17-27813 between
Arcus Data Security, Inc., an Iron Mountain company, and Santa Ana Police Dept.
Prices are effective from: 04-01-2000.
STORAGE
Open Media
Round Reels
8mm Tapes
DLT's
4mm Tapes
(Current) Cost per Item Cost
Qty per Month Extended
Open rack total Month $00.00
Storage
per
MANAGEMENT SERVICES
Technology Service Fee
Includes installation of Media Link software, documentation,
software upgrades and
two l-day training sessions.
Additional Media Link Training
Special Proiects, Normal Business Hours
Cost per Month
$50.00
$150.00 p/hour four hour min.
$35.00 per person hour
Special Projects, Outside of Normal Business Hours Quoted per event.
Normal Business Hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.
Arcus Data Security, Inc. an Iron Mountain Company
Santa Ana Police Dept. # 27813
Exhibit D
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TRANSPORTATION
Transportation rates are valid 24 hours a day, 7 days a week, scheduled or unscheduled.
Scheduled Service Cost per Month
Once per Week pick up and delivery. IN CONJUNCTION WITH # 27830
$75.00
Total Scheduled Service charges per Month $75.00 ]
Containers Qt¥ Cost per Container Extended
G02 (20 Cap) 3 $13.00 $39.00
Core Tech (40-cap) 2 $16.00 $32.00
I Total Container charges per Month $71.00 ]
Critical
Emergency
On Demand
Unscheduled
Immediate delivery guaranteed within 1.5 hours to Santa Ana, CA.
$125.00 per roundtrip plus $1.00 per container
Immediate delivery guaranteed within 3.0 hours to Santa Ana, CA.
$95.00 per roundtrip plus $1.00 per container
Delivery within 24 hours.
$50.00 per roundtrip plus $1.00 per container
Disaster Recover,/
Transportation to hot-site (or other) quoted per event.
ADMiNISTRATION FEE
Includes 1D Cards, receiving tickets, authorization forms, standard reports $15.00
[Total Administration Fee per Month $15.00
TOTAL MONTHLY CHARGES
$161.00
Total monthly billing may fluctuate based upon services rendered.
Arcus Data Security, Inc. an Iron Mountain Company
Santa Ana Police Dept. # 27813
Exhibit D
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Exhibit E
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SCHEDULE A TO DATA PROTECTION SERVICES AGREEMENT FOR
CITY OF SANTA ANA INFORMATION SERVICES
This Schedule A is made part of the Data Protection Services Agreement # 17-27809 between
Arcus Data Security, Inc., an Iron Mountain company, and CITY OF SANTA ANA.
Prices are effective from: 04-01-2000.
STORAGE
(Current) Cost per Item Cost
Open Media Qt¥ per Month Extended
Round Reels 126 $1.00 $126.00
Envelope 2 $1.00 $ 2.00
CD-R 1 $1.00 $ 1.00
4mm Tapes 5 $1.00 $ 5.00
3480/3590 18 $1.00 $ 18.00
I Open rack total Storage per Month $152.00
MANAGEMENT SERVICES
Technology Service Fee
Includes installation of Media Link software, documentation,
software upgrades and
two 1-day training sessions.
Additional Media Link Training
Cost per Month
$50.00
$150.00 p/hour four hour min.
Special Proiects, Normal Business Hours
$35.00 per person hour
Special Projects, Outside of Normal Business Hours Quoted per event.
Normal Business Hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.
Management Services. $00.00 ]
Arcus Data Security, Inc. an Iron Mountain Company
City of Santa Aha Information Services # 27809
Exhibit E
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TRANSPORTATION
Transportation rates are valid 24 horn's a day, 7 days a week, scheduled or unscheduled.
Scheduled Service Cost per Month
Once per Week pick up and delivery. $150.00
Total Scheduled Service e charges per Month $150.00
Containers Qt¥
Core Tech (40-cap) 5
Cost per Container
Extended
$12.00 $60.00
Total Container charges per Month $60.00 ]
Critical
Emergency
On Demand
Unscheduled
Immediate delivery guaranteed within 1.5 hours to Santa Ana, CA.
$125.00 per roundtrip plus $1.00 per container
Immediate delivery guaranteed within 3.0 hours to Santa Ana, CA.
$95.00 per roundtrip plus $1.00 per container
Delivery within 24 hours.
$50.00 per roundtrip plus $1.00 per container
Disaster Recover7
Transportation to hot-site (or other) quoted per event.
ADMINISTRATION FEE
Includes ID Cards, receiving tickets, authorization forms, standard reports $15.00
[Total Administration Fee per Month $15.00 ]
TOTAL MONTHLY CHARGES
$377.00
Total monthly billing may fluctuate based upon services rendered.
Arcus Data Security, Inc. an Iron Mountain Company
City of Santa Ana Information Services # 27809
Exhibit E
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