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HomeMy WebLinkAboutRECALL TOTAL INFORMATION MANAGEMENT, INC. 1 -2010• C: ilx� JAI_ C/ r RECALL DATA PROTECTION SERVICES AGREEMENT E=XPIRES C, c 2 It, G _ F COUNCIL Date N- 2010 -029 February 9, 2010 SECTION A — Description of Services This Recall Data Protection Services Agreement (the "Agreement ") by and between Recall Total Information Management, Inc ( "Recall ") with corporate offices located at 180 Technology Parkway, Norcross, Georgia 30092 and Customer (as defined below) consists of this Section A (Description of Services), the Section B (Terms and Conditions) below and as continued on the next page of this Agreement, Schedule 1 (Description of Services) and any exhibits and addenda attached hereto, and such amendments as may be entered into by the parties from time to time. Customer: City of Santa Ana Effective Date: C1 ae) j t) Billing Address: 20 Civic Center Plaza M -12 Term: 24 months City, State, Zip: Santa Ana, CA 92702 Exp Date: C/ % Attention: Schedule 1 Reference: SO# 66438 SECTION B — Terms and Conditions 1. Agreement: By tendering materials to Recall for destruction or other related services by Recall you accept these terms and conditions. Any different or additional terms in any documents from Customer are objected to and rejected, are deemed to materially alter these terms, and will not become a part of this Agreement. Recall agrees to provide Customer certain pickup, transport, storage and delivery services for tapes, disks, disk packs, cases and similar media items registered with Recall by Customer for storage ( "Customer Materials "), all in material accord with Recall's standard operating procedures as modified in Recall's sole discretion from time to time and Recall's schedules as modified from time to time upon notice to Customer. Customer Materials will be deposited at the Recall facility in Norwalk, California, in the secure, climate controlled, hi tech fire detection and suppression area. Customer Materials will not be moved to any other facility without the prior written approval of the City of Santa Ana Information Services Manager or any Authorized User (defined below), provided, however, that in the event the specified Recall facility reaches maximum capacity during the term of this Agreement and Customer requires new Customer Materials to be stored with Recall, Recall will notify Customer of any additional facility being utilized for such newly stored Customer Materials. Customer will provide Recall with a list of Customer's personnel authorized to receive Customer Materials and other services under this Agreement ( "Authorized Users "), by executing Recall's standard authorization form (the "Authorization List "). 2. Term: The initial term of this Agreement ( "Initial Term ") shall commence on the Effective Date, and shall continue for a period of 24 months. Thereafter this Agreement shall renew, on a month to month basis, unless Customer provides written notice to Recall not less than 30 days before the end of the Initial Term or then - current Renewal Term, that it wishes to renew for an additional 24 month renewal term. 3. Fees: All fees in effect for the Initial Term of this Agreement are specified in Schedule 1. During the first Renewal Term fees may be increased by an amount not to exceed four percent (4 %). During the first renewal term, or any subsequent Renewal Term fees shall be calculated in accordance with Recall's then - current pricing methodology and shall be increased by an amount calculated by applying to the then - current fees the percentage increase in the consumer price index (all items, US, as published by the United States Department of Labor, Bureau of Labor Statistics) during the period since the then - current fees were established. If Customer requests any services in addition to those set forth in Schedule 1 and Recall provides such services, Customer will pay for such services at Recall's then - current standard rates. The parties agree that Customer's request of a change in storage quantity will not trigger the imposition of new rates, but the then current agreement rates will be applied to the new quantities; provided however, the minimum volume requirement shall remain and will be enforced if the quantity stored falls below the requisite minimum. During the term of this Agreement Customer agrees to pay a minimum monthly fee as specified in Section 6 below. 4. Payments: All monthly retention charges due under this Agreement will be invoiced monthly in advance and all other amounts due under this Agreement will be invoiced monthly in arrears. All amounts due under this Agreement will be due and payable within thirty (30) days after Customer's receipt of the invoice. Customer shall also pay all applicable federal, state, local, use and other taxes relating to this Agreement or any services or products provided hereunder, excluding only taxes based on Recall's net income. Time is of the essence for all payments due hereunder, and if any payment due Recall is collected at law, or through an attorney -at -law or under advice therefrom, or through a collection agency, Customer agrees to pay all costs of collection, including, without limitation, all court costs and reasonable attorneys' fees. If payment has not been made by Customer in accordance with this Agreement then Recall may suspend all or any part of the services provided to Customer until all payments due are made. If services are suspended during a Term of this Agreement due to a default of Customer, the Customer will remain responsible for payment of all charges accruing during such suspension. 5. Limitation of Liability: (a) In the event of any loss, damage or destruction of Customer Materials caused by Recall's breach of any obligation to Customer, Recall's liability shall be limited to (i) $6.00 per registered carton, container, diskette, tape, or other such item. (b) With respect to any other claims, including, without limitation, any failure or delay in the performance of the services in accordance with this Agreement, Recall's liability shall be limited to the fee paid by Customer for the particular service. In no event shall Recall's liability exceed an amount equal to the fees paid hereunder for the 12- months immediately prior to the date of Customer's first claim. (c) NOTWITHSTANDING ANYTHING IN SUBSECTIONS (a) OR (b) ABOVE, OR ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT SHALL RECALL BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, WHETHER IN CONTRACT OR IN TORT, OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) FOR LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES TO BE PROVIDED HEREUNDER, OR FOR ANY CLAIM MADE AGAINST CUSTOMER BY ANY OTHER PERSON, EVEN IF RECALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. 6. Minimum Volume. After 4 month(s) after the Effective Date hereof, Customer shall maintain a minimum storage level, as indicated in Schedule 1 attached hereto, throughout the Initial Term and all subsequent Renewal Terms which will generate associated storage fees, as calculated pursuant to Section 3, above, equal to or less than $360 per month. Recall understands and agrees that Customer, for its purposes, has set up sub - accounts which will be, for Recall billing purposes, treated as one cumulative account to meet the minimum volume agreement. 7. Delivery Service. Recall shall pick -up Customer Materials at the Customer location(s) for which Recall agrees in writing to provide services, in accordance with Recall's standard schedules, as modified from time to time upon notice to Customer. Recall shall use commercially reasonable efforts to provide pick -up services within the time periods specified in this Agreement and to deliver and pickup Customer Materials at the Customer's locations according to written instructions provided by Customer to Recall. 8. Restriction on Stored Materials. Customer represents that it is the owner or legal custodian and has the lawful right to possess and transfer all of the Customer Materials provided to Recall. Customer represents and warrants that the Customer Materials will not include or contain any (a) highly flammable, explosive, toxic materials, or any illegal, hazardous, dangerous or unsafe materials, (b) memorabilia or collectibles, (c) materials having historical value (such as fossils or historical manuscripts, journals or photographs), (d) artwork, (f) any negotiable instruments, currency, negotiable or uncancelled stocks or bonds, jewelry, or (g) other items that have intrinsic market value. Recall reserves the right to open and inspect any cartons or containers of Customer Materials tendered for storage and refuse acceptance of any Customer Materials which fail to comply with Recall's storage restrictions and guidelines. Recall may refuse any materials stored in unusual or non - standard containers. 9. Confidentiality. Recall will use commercially reasonable efforts to (a) maintain as confidential the Customer Materials and all nonpublic information obtained by it with respect to Customer in the performance of Services hereunder that should reasonably be understood by Recall at the time of disclosure, because of (i) legends or other markings, (ii) the circumstances of disclosure or (iii) the nature of the information itself, to be confidential and proprietary to Customer (collectively "Confidential Information "), and (b) not to use such Confidential Information other than in the performance of the Services and exercise of 20070809 Short Form DPS Contract 1 of 6 Recall's rights pursuant to this Agreement. If the Confidential Information contains Protected Health Information (as defined by the Health Insurance Portability and Accountability Act of 1996 and implementing regulations) and the parties initial the Business Associate Addendum attached to this Agreement Recall shall adhere to the terms of such Addendum. If the Confidential Information contains Nonpublic Information (as defined by the Gramm Leach Bliley Act and implementing regulations) and the parties initial the GLIB Addendum attached to this Agreement Recall shall adhere to the terms of such Addendum. 10. Subpoena of Materials. Notwithstanding anything in Section 9 or any other provision of this Agreement, if any Confidential Information is subpoenaed pursuant to an order of any court, or any other order, judgment or decree is made or entered by any court or governmental agency affecting such Confidential Information or any part thereof (collectively an "Order"), Recall is expressly authorized in its sole discretion to obey and comply with the Order, without the necessity of inquiring whether such court or agency had jurisdiction or inquiring into any other matter affecting the validity of the Order. Recall shall not be liable to Customer or any third party by reason of compliance with any Order notwithstanding that the Order may subsequently be reversed, modified or vacated. Recall will use all reasonable efforts to provide Customer with prompt written notice of the receipt of any Order to allow Customer an opportunity to protect its interest. Customer agrees to pay Recall's reasonable costs of complying with any Order. 11. Limited Warranty. Recall warrants that the Services shall be provided in a professional and workmanlike manner by personnel trained with respect to such Services. EXCEPT AS PROVIDED IN THIS SECTION, RECALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED, WITH RESPECT TO ITS SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND RECALL HEREBY DISCLAIMS THE SAME. 12. Events of Default. 12.1Customer shall be in default under this Agreement upon the occurrence of any one or more of the following events ( "Events of Default"): (i) failure of Customer to pay when due any amounts owed hereunder and its failure to cure the same within 10 days of the date due; (ii) Customer's breach of any other provision of this Agreement, which, if capable of cure, is not cured within 30 days thereof; (iii) Customer becomes insolvent or makes any assignment for the benefit of its creditors; (iv) any proceeding is instituted by or against Customer under any bankruptcy or similar laws for the relief of debtors; or (v) the appointment of any trustee or receiver for any of Customer's assets. Upon the occurrence of any Event of Default, Recall at its sole discretion may exercise any, or any combination, of the following remedies: (A) refuse to provide further services with respect to, or provide access to, Customer Materials until the Event of Default is cured; (B) demand in writing that Customer pick up all Customer Materials at Recall's facility or facilities by a specified date, which date shall be no less than twenty (20) days after the date of such notice; (C) deliver Customer Materials to Customer at any Customer locations with reasonable prior notice thereof; (D) terminate this Agreement; and (E) such other rights and remedies as are available under applicable law, including without limitation the exercise all rights granted to warehousemen by the Uniform Commercial Code as adopted in the state where Customer Materials are stored. Recall shall have no liability to Customer or any other person for taking any actions permitted by this section. In addition to the remedies stated above, Recall shall have the right to destroy any Customer Materials remaining in its possession after Customer fails to comply with three (3) successive demands made pursuant to subsection 12.1(B) above, so long as such destruction renders such Customer Materials completely unreadable and unrestoreable. Recall shall have no liability to Customer or any other person for taking any actions permitted by this section. The exercise by Recall of any one or more of its rights under this Agreement shall not preclude Recall's exercise of any one or more of its other rights or remedies. 12.2 Recall shall be in default under this Agreement upon the occurrence of any one or more of the following events which, if capable of cure, is not cured within thirty (30) days thereof ( "Recall Events of Default "): (i) Recall's loss or damage to Customer Material due to negligence of Recall, its officers, employees, agents or representatives, (ii) Recall's breach of confidentiality of Customer Materials. (iii) Recall misses, without the prior agreement of the City, the pickup /delivery schedule more than three times during the initial term of this Agreement with respect to pickup and delivery timeframes as measured on a rolling twelve (12) month basis during the Term; (iv) Recall becomes insolvent or makes any assignment for the benefit of its creditors; (v) any proceeding is instituted by or against Recall under any bankruptcy or similar laws for the relief of debtors; or (vi) the appointment of any trustee or receiver for any of Recall's assets. (vi) the sale, transfer, assignment for the benefit of Creditors or bankruptcy of Recall. Upon the occurrence of any Recall Event of Default, Customer at its sole discretion may exercise any, or any combination, of the following remedies: (A) terminate this Agreement without penalty and remove Customer Materials from Recall's possession; (B) recover all damages suffered under this Agreement, subject to Section 5 above; and (C) such other rights and remedies as are available under applicable law. The exercise by Customer of any one or more of its rights under this Agreement shall not preclude Customer's exercise of any one or more of its other rights or remedies. 13. Limitation of Actions. No action, regardless of form, arising out of or in connection with this Agreement (other than an action by Recall for any amount due to Recall) may be brought more than one (1) year after the cause of action has arisen. 14. Indemnification. Customer shall defend, indemnify and hold harmless Recall, its affiliates and their respective officers, directors, employees and agents against any liability, cost or expense (including court costs and reasonable attorneys' fees), irrespective of the theory on which based, directly or indirectly arising out of third party claims, demands or actions relating to (a) Recall's transportation, possession, storage or destruction of Customer Materials or (b) Customer's breach of this Agreement. Notwithstanding the foregoing, Customer's indemnity of Recall does not include an obligation for liability, cost or expense arising from Recall, its employees, agents and /or representatives' operation of any motor vehicle in the performance of Services provided to Customer hereunder. 15. Force Maieure. Recall shall not be liable for any default or delay in the performance of any of its obligations under this Agreement or for the damage or destruction of any Customer Materials if caused, directly or indirectly, by fire, flood, earthquake, the elements, or other such occurrences; labor disputes, strikes or lockouts; wars, acts of terrorism, riots or civil disorder; accidents or unavoidable casualties; interruptions of or delays in transportation or communications; decisions or requirements, whether valid, invalid, formal or informal, of any government, agency, board or official; or any other cause, whether similar or dissimilar to those enumerated herein, beyond Recall's reasonable control. 16. Miscellaneous. (a) Customer shall not assign all or any portion of this Agreement without the prior written consent Recall. (b) Customer has the option of paying increased fees to increase the liability of Recall in excess of the amount described in Section 5(a), but such option can be exercised only by written agreement made with Recall specifying the increased limit of Recall's liability and the increased fees to be paid by the Customer for the added liability to Recall. It shall be Customer's responsibility to pay such increased fees if it desires to exercise the option to increase the liability of Recall, and any failure by Customer to pay such increased fees shall void any election or agreement to increase the liability of Recall. (c) No failure or delay by either party to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by a party preclude any further exercise thereof or the exercise of any other right or remedy. No express waiver by Recall to any breach of this Agreement shall constitute a waiver of any succeeding breach. (d) This Agreement shall be governed by the laws of the State of Georgia, without regard to its principles of conflicts of law. (e) Headings describing the contents of particular sections are inserted only for convenience and shall not be construed as a part of this Agreement. (f) This Agreement may not be modified or amended except by a separate written instrument signed by the parties. (g) If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect. (h) Except as otherwise provided in this Agreement, all notices under this Agreement shall be in writing and delivered personally or sent by pre -paid, first class, certified or registered air mail, return receipt requested, or by telecopy to the intended recipient at its address or telecopy number set forth above, or to such other address or telecopy number as a party may form time to time duly notify the other. (i) Those provisions which, because of the nature of the rights and obligations contained therein ought to survive termination of this Agreement shall so survive, including without limitation the following: Sections 4, 5, 9, 10, 12, 13, 14, 15, 16 and 17. 17. Assignment. Recall may not assign, transfer or delegate its interest herein, or subcontract any material portion of the Services provided herein, without the prior written consent of Customer, which consent shall not be unreasonably withheld, conditioned or delayed. Any such assignment, transfer, delegation or subcontract without Customer's prior written consent shall terminate this Agreement in accordance with the provisions of Section 12.2 above. Customer, in its sole discretion, may terminate this Agreement without penalty or additional retention fees to Customer if Recall assigns its interest in violation of this Agreement; 20070809 Short Form DPS Contract 2 of 6 provided, however, that Customer will incur permanent removal fees, as set forth in Schedule 1, to transition Customer Materials to another vendor or in house to Customer. 18. Entire_ Agreement. Customer acknowledges that these terms and conditions constitute the entire agreement between Recall and Customer with respect to the subject matter hereof and supersede any prior discussions, agreements and representations. Delivery of these terms and conditions constitutes either an offer or an acceptance by Recall. If these terms and conditions constitute an offer by Recall, Customer's acceptance shall be limited to these terms and conditions. If Customer has made an offer and if these terms contain different or additional terms or conditions than the terms or conditions of Customer's offer, then any acceptance of Customer's offer by Recall is expressly made conditional on assent by Customer to the additional or different terms or conditions hereof and Customer shall be bound by these terms and conditions. If these terms are submitted in a modification or extension of a prior existing services agreement, these terms shall replace the terms and conditions of such prior agreement in its entirety. In the event of any conflict between this Agreement and any exhibit, the Agreement controls. Compliance GLB If both parties initial the Gramm-Leach-Bliley Addendum attached to this Agreement the parties shall adhere to the terms of such Addendum. HIPAA If both parties initial the Business Associate Addendum attached to this Agreement the parties shall adhere to the terms of such Addendum Customer acknowledges that it is familiar with the general terms and conditions in Section B, Schedule 1 and all initialed Addenda, and agrees to comply therewith. Customer City of Santa Ana Recall Total Information Name: (Print) DAVID N. REAM Name: (Print) Title: City/6a ger Title: Signature: Signature: Attest: Maria D. Huizar Clerk of the Council Recommended for Approval: klc�rc\ P A I .I Francisco Gutierrez Executive Director– FMSA Approved as to Form: aura Sheedy - —� /j Assistant City Attorney 20070809 Short Form DPS Contract 3 of 6 it GRAMM LEACH BLILEY ADDENDUM TO RECALL DIPS SERVICES AGREEMENT !] Recall Initials Customer Initials 4 This addendum ( "Ad ndum ") is incorporated into the Confidentiality section of the Recall DPS Terms and Conditions that constitute Section B of the Recall Services Agreement ( Services Agreement ") between Recall Total Information Management, Inc. ( "Recall ") and City of Santa Ana ( "Customer") to the extent that the Services Agreement requires Recall to provide services with respect to nonpublic personal information ( "NPI "), as defined below. For purposes of this Addendum Recall is identified as "Recall" and Customer is identified as "Institution ". 1. For purposes of this Addendum, "NPI" means nonpublic personal information about Institution's customers and consumers as those terms are defined in Title V or the Gramm - Leach - Bliley Act ( "GLBA "), and to which Recall may have incidental access. 2. To facilitate Institution's ability to demonstrate compliance with the privacy obligations of the GLBA, Recall agrees to use reasonable efforts: a. not to disclose, without the consent of Institution, any NPI to any third party other than (i) to affiliates of Recall and in each such instance (A) only to the employees, independent contractors or subcontractors thereof who are under a written confidentiality obligation with respect thereto and (B) only to the extent required for such employees, independent contractors or subcontractors to perform Recall's obligations under the Services Agreement; (ii) to the affiliates, employees, independent contractors or subcontractors of Institution to the extent required for Recall or Institution to perform its obligations under the Services Agreement; or (iii) as may be required by law or legal process; b. not to use, without the consent of Institution, NPI other than to cant' out the purposes for which such NPI was disclosed by or on behalf of Institution, except as is required by law or legal process; and c. to use appropriate measures designed to (i) ensure the security and confidentiality of the NPI, (ii) protect against anticipated threats or hazards to the security of the NPI, and (iii) protect against the unauthorized access to or use of the NPI. 20070809 Short Form DPS Contract 4 of 6 " BUSINESS ASSOCIATE ADDENDUM TO RECALL DPS SERVICES AGREEMENT Recall Initials .LIII B Customer Initials Of" This addendum ( "A endum ") is incorporated into the Confidentiality section of the Recall DPS Terms and Conditions that constitute Section B of the Recall Services Agreement "Services Agreement ") between Recall Total Information Management, Inc. ( "Recall ") and City of Santa Ana ( "Customer') to the extent that the Services Agreement requires Recall to provide services with respect to Protected Health Information, as defined below. For purposes of this Addendum Recall is identified as "Business Associate" and Customer is identified as "Covered Entity ". 1. For purposes of this Addendum, the following terms shall have the meanings ascribed to them below: (a) Electronic Media shall have the same meaning as the term "electronic media" as defined by 45 CFR 160.103. (b) Electronic Protected Health Care Information shall have the same meaning as the term "Electronic Protected Health Information" as defined by 45 CFR 160.103. (c) Individual shall have the same meaning as the term "individual" as defined by 45 C.F.R. 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). (d) Parties shall mean BUSINESS ASSOCIATE and COVERED ENTITY. (e) Privacy Rule shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR, Sections 160 and 164, subparts A and E. (f) Protected Health Information shall mean any health information as defined by 45 C.F.R. 164.501 that is provided and /or made available by or on behalf of COVERED ENTITY to BUSINESS ASSOCIATE. (g) Required by law shall have the same meaning as the term "required by laud' as defined by 45 C.F.R. 164.501. (h) Secretary shall mean the Secretary of the Department of Health and Human Services and his /her designee. (i) Security Incident shall have the same meaning as the term "Security Incident" as defined in 45 CFR 164.304. 0) Security Rule shall mean the requirements regarding security for the protection of Electronic Protected Health Information as provided in 45CFR part 160 and part164, subparts A and C. (k) Transaction Rule shall mean the requirements regarding electronic transactions set forth in 45CFR parts 160 and 162. 2. Term. The effective date of this Addendum shall begin as of the Effective Date of the Service Agreement, and shall expire when all of the Health Information provided by COVERED ENTITY to BUSINESS ASSOCIATE is destroyed or returned to COVERED ENTITY pursuant to Section 6 below. 3. Obligations and Activities of Business Associate. a. Business Associate agrees to use reasonable care not to use or disclose Protected Health Information other than as permitted or required by the Addendum or as Required By Law. b. Business Associate agrees to use appropriate physical, technical and administrative safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Addendum, and to protect the confidentiality, integrity and availability of Electronic Protected Health Information that it creates, receives, maintains or transmits on behalf of Customer. c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Addendum, and to report to Covered Entity any Security Incident of which it becomes aware (whether or not such Security Incident is successful) within two (2) days after the date on which Business Associate becomes aware of such Security Incident.. d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Addendum of which it becomes aware. e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity agrees to substantially the same restrictions and conditions that apply through this Addendum to Business Associate with respect to such information. f. Business Associate agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to the Secretary, in a time and manner designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. g. Business Associate agrees to document such disclosures of Protected Health Information as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528. h. Business Associate agrees to provide to Covered Entity or an Individual, within five (5) business days after receipt of a written request therefore, information collected in accordance with Section 3(g) of this Addendum, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528. i. Business Associate shall: (A) provide access to Protected Health Information in a Designated Record Set in order to meet the requirements under 45 CFR § 164.524 and (B) make any amendment(s) to Protected Health Information in a Designated Record Set pursuant to 45 CFR § 164.526. 4. Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement, a. Business Associate may use or disclose Protected Health Information to perform services for, or on behalf of, Covered Entity as specified in the Services Agreement, provided that such use or disclosure would not violate the Privacy Rule or the Security Rule if done by Covered Entity. b. Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. c. Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. d. Business Associate may use Protected Health Information to provide Data Aggregation services to Covered Entity as permitted by 42 CFR § 164.504(e)(2)(i)(B). e. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with § 164.5020)(1). 5. Obligations of Covered Entity a. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR § 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information. b. Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 6. Termination a. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: 1. Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Addendum the Services Agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; 2. Immediately terminate this Addendum and the Services Agreement if Business Associate has breached a material term of this Addendum and cure is not possible; or 20070809 Short Form DPS Contract 5 of 6 3. If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary. b. Effect of Termination. 1. Except as provided in paragraph (2) of this subsection, upon termination of this Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. 2. In the event that Business Associate determines that destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make destruction infeasible. Business Associate shall extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. 7. Miscellaneous a. Regulatory References. A reference in this Agreement to a section in the Privacy Rule or the Security Rule means the section as in effect or as amended. b. Amendment. The Parties agree negotiate in good faith as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule and the Security Rule. If the parties are unable to agree upon the terms of an amendment within thirty (30) days after Covered Entity's written request to Business Associate, either party may terminate this Agreement upon written notice to the other party. c. Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule and the Security Rule. 20070809 Short Form DPS Contract 6 of 6 recall TV Y;.,Ur In`0•r1.a3 0`, S-,CUrslV A "an. or;; One Recall Center 180 Technology Pkwy Norcross GA 30092 United States www.recall.com City of Santa Ana 20 Civic Center Plaza, M -12 P.O. Box 1988 Santa Ana CA 92702 Schedule 1 Order Date SO -66438 2/9/2010 Page 1 of 2 Customer Initials I V40L Item Description Qty Unit Price Service Freq 2 DPS 1 GROUP—US The following charges are for storage of containers SC—Slotted Storage- Slotted Media 304 0.15 Monthly SC—CS Storage -Case Small 19 3.00 Monthly SC—CM Storage -Case Medium 51 7.00 Monthly SC—CL Storage -Case Large 0 9.50 Monthly The following line items are standard service fees: SELL_SMCASE Transport Case Product Sales- Slotted Media 1 10.71 As Requested (small case) SELL_MECASE Transport Case Product Sales- Slotted Media 1 13.89 As Requested (medium case) SELL_LGCASE Transport Case Product Sales- Slotted Media 1 11.14 As Requested (large case) MC—AF Administrative Fee 1 45.00 Monthly MC_FS_W Fuel Surcharge (Weekly) 2 7.50 Monthly The following processing charges will be applied when encountered: PC—CS Process Charge- All Containers 46 1.50 Monthly PC—Slotted Process Charge- Slotted Media 1 0.15 As Requested The following charges will be applied when encountered: HO_ Courier Holiday 0 As Requested RA_ Courier Urgent (2hrs) After 1 125.00 As Requested Hours /Holidays /Weekends RO_ Courier Urgent (2hrs) Business Hours 1 100.00 As Requested UA_ Courier Unscheduled After Hours 1 80.00 As Requested Customer Initials I V40L recall TV One Recall Center 180 Technology Pkwy Norcross GA 30092 United States www.recall.com Schedule 1 Order Date SO -66438 2/9/2010 Page 2of2 Item Description Qty Unit Price UO_ Courier Unscheduled (4hrs) Same Day 1 63.75 As Requested NA Routine Courier After Hours /Weekends 1 28.00 As Requested NO—M Routine Courier (Monthly) 1 28.00 As Requested NO—W Routine Courier (Weekly) 2 25.00 Weekly NO—D Routine Courier (Daily) 1 20.00 As Requested SP—MO Service Priority Upcharge scheduled service 1 4.50 As Requested windows less than 4 hours (Monthly) SP_W Service Priority Upcharge scheduled service windows less than 4 hours (Weekly) 1 4.50 As Requested SP_D Service Priority Upcharge scheduled service windows less than 4 hours (Daily) 1 4.50 As Requested MS_ Minimum Storage Adjustment 1 50.00 Monthly End of Group Recall c� City of Santa Ana � I A A`ORD^' CERTIFICATE OF LIABILITY INSURANCE 03/26 /MIDDIYYYY) 03!26/2010 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION MARSH USA, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TWO ALLIANCE CENTER HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3560 LENOX ROAD, SUITE 2400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ATLANTA, GA 30326 Attn: Email: Atlantaoffice .certrequest @Marsh.com 930465- MAIN- GL -09 -10 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: XL Insurance America, Inc. BRAMBLES USA, INC. dba RECALL SECURE DESTRUCTION SERVICES INSURER B: 180 TECHNOLOGY PARK, RM 600 INSURER C: NORCROSS, GA 30092 INSURER D: INSURER E: L 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ NS LTR ADD' INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YYYY) POLICY EXPIRATION DATE (MM/DDIYYYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY US00009799LI09A 06!30!2009 06!30/2010 EACH OCCURRENCE 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 25,000 CLAIMS MADE [K OCCUR PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENERAL AGGREGATE LIMIT APPLIES PER X POLICY PE� LOC PRODUCTS - COMP /OP AG 4,000,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS BODILY INJURY (Per accident) — $ HIRED AUTOS NON -OWNED AUTOS 7 ^� - �w,I -� PROPERTY DAMAGE Per accident) $ GARAGE LIABILITY ANY AUTO - / ! ..✓'�1,.1 -� C a �" `` Y AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ - - - -- EXCESS 1 UMBRELLA LIABILITY OCCUR CLAIMS MADE i�C. " EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE Y / N E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICER /MEMBER EXCLUDED? E.L. DISEASE - POLICY LIMIT $ (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS THE CITY OF SANTA ANA, IS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT BUT ONLY AS RESPECTS OPERATIONS OF THE NAMED INSURED. THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NOT CONTRIBUTORY WITH ANY OTHER INSURANCE AVAILABLE TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER ATL- 001885511 -06 CANCELLATION THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZE P.O. BOX 1988 SANTA ANA, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Ted L. Young ACORD 25 (2009/01) © 1998 -2009 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that Brambles USA, Inc. Id! %I d /b /a Recall Secure Destruction Services NAME AND ��• Li ber Recall Total Information Management, Inc. ADDRESS tX1 180 Technology Parkway, RM 200 OF INSURED Mutual® Norcross GA 30092 is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. Liberty Mutual NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Insurance Group BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CkNCEL OR REDUCE. THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 0 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: City of Santa Ana C' =, Attn; Lynda Kelly mai Bell Duluth 10505 AUTHORIZED REPRESENTATIVE r ; 3235 Satellite Blvd, Suite 400 "5 20 Civic Center Plaza, M12 Duluth GA 30096 770- 814 -9002 3/26/2010 Lanta Ana CA 92702 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 EXP DATE TYPE OF POLICY ❑ CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ® POLICY TERM WORKERS COMPENSATION 6/30/2010 WA7- 65D- 283836 -049 WC7- 651 - 283836 -059 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: AL, AR, AZ, CA, CO, CT, DC, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, EMPLOYERS LIABILITY Bodily Injury b/y� Accident 1600000 Each Accident Bodily Injury By Disease U 0 V0 �0''' NIT, NE, NM, NV, NC, NH, , Y, OK, OR, PA, SC, TX, LIT, VA, WI 1000000 Bodily Injury By Disease 1000000 Each Pg,sgii COMMERCIAL GENERAL LIABILITY ❑ OCCURRENCE ❑ CLAIMS MADE lrjlLeoC tf "'lt tt Genera ggregate Products / Completed Operations Aggregate Each Occurrence RETRO DATE Personal & Advertising Injury Per Person /Organization Other ther AUTOMOBILE LIABILITY 6/30/2010 AS2- 651 - 283836 -019 Each Accident — Single Limit 5000000 B.I. And P.D. Combined ❑OWNED Each Person Each Accident or Occurrence NON -OWNED rm LJ HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as an additional insured with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. This insurance is primary and non - contributory. If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. Liberty Mutual NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Insurance Group BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CkNCEL OR REDUCE. THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 0 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: City of Santa Ana C' =, Attn; Lynda Kelly mai Bell Duluth 10505 AUTHORIZED REPRESENTATIVE r ; 3235 Satellite Blvd, Suite 400 "5 20 Civic Center Plaza, M12 Duluth GA 30096 770- 814 -9002 3/26/2010 Lanta Ana CA 92702 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 3/26/21010 1:24:2 PM PST (GMT -8) FROM: insurancevisions.com -TO: 17146475406 Page: 1 of 2 i,�7. Liberty Mutual 1 3235 Satellite Blvd, Suite 400 Duluth GA 30096 rt City of Santa Ana Attn; Lynda Kelly 20 Civic Center F E~ SANTA ANA CA ;', www.LibertyMutual.com Please contact the sender above with insurance questions eCer�ji '' W A Certificate System Like No Other Fax Document cad " Lynn Lanier Ptoneb. .. ............................... 770 - 814 -9002 . 770 - 814 -7319 p,; 17146475406 Certification of Insurance Brambles USA, Inc •Date:' 3/26/2010 RE This document was issued by the Liberty Mutual Insurance Group. The attached or linked document(s) contains a Certificate of Insurance for the Insured named above. Your company is listed as the organization requesting receipt of this document(s). If this document(s) is sent via e-mail, you must click on the link below. The linked document(s) is in a pdf format, and you must have Adobe Acrobat Reader installed on your system. To download the Adobe Reader for free, visit www.Adobe.com. If you have any questions regarding the content of this message, please contact your local sales producer whose name and telephone number appears in the lower right hand corner of the attached Certificate. Click on the following link to retrieve and print the document(s). THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR EN7MY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRMLEGED, CCNFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPI ICABLF I AW. IF 7HF RFAOFR OF THE MFSSAGF IS NOT THE ININ7ENDFD RECPIFNIT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE IN7FNDFD RECIPFN7, YOU ARF HFRFBY N071FFD THAT ANY DISSEMINA7ION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION N ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESSVIA REGULAR POSTAL SERVICE. www.eCertsOnline.com C 2004 Insurance Visions, inc. - www.insurancevisions.com THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS M^nv .,nr A��,ou Arrver V no uen Arun V llueun eVreun ne At TIMM rue r t(ggA c q[ e v r e o? I Irrce Y l l ® CERTIFICATE OF LIABILITY INSURANCE ACORO Lam' DATE YYYY) o61zsrmn 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, certiffrVio6ififlesi6sly foul }e B @Qndorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such enciorsemarif b PRODUCER MARSH USA, INC. - TWO ALLIANCE CENTER - ` + 3560 LENOX ROAD, SUITE 2400 CONTACT NAME: PHONE FNC NO: E+naa ATLANTA, GA 30326 0613012011 06130/2012 Ath1: Email: AdantaO fBce.CertRequmt(a)Marsh.com 930465- MAIN- GL -11 -12 INSURERS AFFORDING COVERAGE NAIC Y INSURER A: XL Insurance America, Inc. MED EXP (Any one erson ) INSURED BRAMBLES USA, INC. Gba RECALL SECURE DESTRUCTION SERVICES INSURER B: WA WA INSURER C: Travelers Prop. Casualty Co. IN America INSURER 0: S 4.000,000 180 TECHNOLOGY PARK, RM 600 NORCROSS, GA 30092 PRODUCTS - COMP /OP AGG $ 4,000,000 INSURER E: C INSURER F: COVERAGES CERTIFICATE NUMBER: ATL- 002837884-04 REVISION NUMBER:4 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. INSP TYPE OF INSURANCE A O Ina R AM POLICY NUMBER POLICY POLDDYEXP LIMITS A GENERAL UASILm X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR USOD009799LI11A - 0613012011 06130/2012 EACH OCCURRENCE $ 2,000,000 DAMA mcurr.ncal S 1,000,000 MED EXP (Any one erson ) $ 25,000 PERSONAL S ADV INJURY $ 2,000,000 GENERAL AGGREGATE S 4.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC IFr.T [7 PRODUCTS - COMP /OP AGG $ 4,000,000 $ C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS P TC2JCAP- 9526870 -D11 0 &3012011 0613012012 COMBINED SINGLE LIMIT Me accident) $ 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE P r n S UMBRELLA LIAB EXCESS LIAB CLAIMS -MADE EACH OCCURRENCE $ HOCCUR AGGREGATE $ DED RETENTION $ C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE Y� OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA TC JUB 9519B12- A- 11(ADS) TRXUB- 9526871 -2 -11 (AZ, MA, OR, WQ 0613012011 OW3012011 061301201 0613012012 WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE. EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Nemarke Schedule, N more apace Is required) HE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701; ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE INCLUDED AS DDITIONAL INSURED (EXCEPT WORKER'S COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT BUT ONLY AS RESPECTS OPERATIONS OF THE NAMED INSURED. THE GENERAL ABILITY COVERAGE IS PRIMARY AND NOT CONTRIBUTORY WITH ANY OTHER INSURANCE AVAILABLE TO THE CERTIFICATE HOLDER, APPROVED AS TO FORM CITY OF SANTA ANA v, ,a11Ta 5T1u o �w ATTN: LYNDA KELLY ttOrney SHOULD ANY EXPIRATION ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 CIVIC CENTER PLAZA, M12 A$S1Stant City ACCORDANCE WITH THE POLICY PROVISIONS. WILL BE DELIVERED IN SANTA ANA, CA 92702 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Ted L. Young �•-T- 0 1988 -2010 ACORD CORPORATION. All rlahts reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AJ - 2 0/ C% ` A 20, --116 A� ®® CERTIFICATE OF LIABILITY INSURANCE DATE/2015 Y , TYPE OF INSURANCE 0412412015 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 TWO ALLIANCE CENTER HNIQ' No, t A/C, Na: E -MAIL A°°RESS: 3566 LENOX ROAD, SUITE 2400 ATLANTA, GA 30326 MED EXP (Any one person) S 25,000 PERSONAL B ADV INJURY INSURER 5 AFFORDING COVERAGE NAIL p INSURER A: XL Insurance America, Inc 24554 454687- Recal- GAWU -14 -15 INSURED INSURERS: Travelers Property Casualty Company Of America 125674 RECALL CORPORATION, INCIRECALL SECURE INSURER c ;Travelers Indemnity Co Of America 125666 DESTRUCTION SERVICES INC (RECALL DOCUMENT INSURER D: NIA NIA MANAGEMENT SERVICES INCIRECALL DATA PROTECTION SERVICES INCIRECALL - TOTAL INFORMATION INC 0613012614 0613012015 180 TECHNOLOGY PARKWAY INSURER E BODILY INJURY (Per person) INSURER F: BODILY INJURY (Per accident) NORCROSS, GA 30092 COVERAGES CERTIFICATE NUMBER: ATL- 003225220 -08 REVISION NUMBER: 15 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. HISS LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY ESP MMIDDIVYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR of Marsh USA Inc. US00066304LI14A 06130/2014 06/3012015 EACH OCCURRENCE $ 2,000,000 PREMISES ETORENTEO PREMISES RENT occurrence) $ 1,006,000 MED EXP (Any one person) S 25,000 PERSONAL B ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE X POLICY LIMIT APPLIES PER PRO- LOG PRODUCTS - COMPIOP AGG $ 4,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS _ AUTOS X X NON -OWNED HIREDAL AUTOS TC2JCAP9523B734 -14 0613012614 0613012015 COMBINED SINGLE LIMIT Ea amident 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTYDAMAGE Per accident $ __- UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ OEO RETENTION$ $ B G WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? If pe. dtory in and NHH DESCRIPTION under DESCRIPTION OF OPERATIONS below NIA TC2JUB9523B746 -14 (AOS) TRKU69523B759 -14 (AZ, MA) 0613012014 6613012014 06/3012015 0613012015 X We sTATU- OTH- EL EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,600 E. L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701; ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED (EXCEPT WORKER'S COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT BUT ONLY AS RESPECTS OPERATIONS OF THE NAMED INSURED, THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NOT CONTRIBUTORY WITH ANY OTHER INSURANCE AVAILABLE TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION THE CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTM LYNDA KELLY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA, CA 92701 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD A'D/NUD�a�J" b�,p /J N - 20/0 -6 AJ -06 / Ac"RO® CERTIFICATE OF LIABILITY INSURANCE GATE , "' 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. 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 Farc TWO ALLIANCE CENTER Ne: E -MAIL ADDRESS: 3560 LENOX ROAD, SUITE 2400 ATLANTA, GA 30326 $ Attn: Email: AtantaOf`ce.CedRequest @Marsh com INSURERS AFFORDING COVERAGE NAIC If INSURERA: Chubb Insurance Cc Of Australia Ltd 1930014 454687- Recal- PROF -14 -15 INSURED RECALL CORPORATION, INCIRECALL SECURE INSURER B : COMMERCIAL GENERAL LIABILITY DESTRUCTION SERVICES INC (RECALL DOCUMENT INSURER C: INSURER D: PREMISES Ea occurrence MANAGEMENT SERVICES INCIRECALL DATA PROTECTION SERVICES INCIRECALL TOTAL INFORMATION INC 180 TECHNOLOGY PARKWAY INSURER E: INSURER F: NORCROSS, GA 30092 COVERAGES CERTIFICATE NUMBER: ATL- 003225473 -19 REVISION NUMBER:8 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. INSR R TYPE OF INSURANCE ADDL lush. SUBR 18a POLICY NUMBER MMIDDIYYYY MMI�WYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS -MADE ❑ OCCUR MED EXP (Any one person) $ PERSONAL ADS INJURY $ GENERAL AGGREGATE $ GEN'L AGGREG7JLIMIT APPLIES PER PRODUCTS - COMP /OP AGO $ POLICY PRO LOC $ AUTOMOBILE LIABILITY CO MB INED SINGLE LIMIT Ea accident $ BODILY INJURY (Par person) $ ANY AUTO ALL OWNED F7 SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident $ NON -OWNED HIRED AUTOS AUTOS s UMBRELLA LIAR __ OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION WCSTATU- OTH- ANDEMPLOVERS'LIABILITY YIN -- O�FFICERIMEMBEER EXCLUDED? ECUTIVE� NIA E. L. EACH ACCIDENT $ E. L. DISEASE -EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ A E &O 93313428 0613012014 0613012015 Limit $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION THE CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 CIVIC CENTER PLAZE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. BOX 1988 ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA, CA 92702 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1C &or-,�yy,//,)ed IN -02q N ° -o AGENCY CUSTOMER ID: 454687 LOC #: Atlanta '---- 4�1 A� 0 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, INC. RECALL CORPORATION, INCIRECALL SECURE DESTRUCTION SERVICES INC (RECALL DOCUMENT MANAGEMENT SERVICES INCIRECALL DATA PROTECTION SERVICES INCIRECALL POLICY NUMBER TOTAL INFORMATION INC 180 TECHNOLOGY PARKWAY NORCROSS, GA 30092 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance ALL COVERAGE SHOWN ARE SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS OF THE POLICY. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD b