CM-11-05-098ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing multiple forms with SAFESITE, Inc. for Off -Site Storage of City files
during remodel of City Hall Building.
5/20/11
Department: Administration
Project Manager: Monique Adams
Item Summary:
During the year-long City Hall remodel, Administration will be located on the second floor of the Business Center.
Due to limited space we are unable to house all of the City's permanent files such as ordinances, resolutions, deeds,
easements, etc. These documents will be housed at Safesite's off-site storage facility until construction is completed
and Administration moves back into City Hall.
Included for signature are: Safekeeping Agreement; Supplement A — giving Safesite permission to access our files if
requested by the City; and Supplement B — naming authorized City personnel for access/pick-up/delivery of records.
Strategic Plan Relevance:
Goal 13.0 — Continue and enhance sound business and financial practices and tools.
Cost: $100 monthly (estimate based on number of boxes)
Source of Funds: Self -Financed Construction
REV. 3/8/10
SAFESITE, INC.
Austin Dallas Houston
San Antonio
SAFEKEEPING AGREEMENT # 00,29z4
This is an Agreement between Safesite, Inc. at 9505 Johnny Morris Road, Austin, Texas 78724, herein called Safesite, and
City of Round Rock at 221 East Main Street, Round Rock, Texas 78664, herein called Depositor.
SCHEDULE A: SERVICE FEE MONTHLY CHARGES:
1.Media Vault Tape Handling, Rotation and Library Maintenance Charges:
Service Frequency Rotation Frequency Rate Monthly Charge*
Daily (Seven [7] Days Per Week)
Daily (Mon -Fri.)
Weekly
Monthly
Other
2. Media Vault Container / Data Tape Storage Charges:
1.Y12 -e_ Description
Media Container Storage Up to 1.5 cubic feet
Tape Storage Tape Slot
Other
3. RECORDS CENTER Storage, Retrieval, Delivery Charges:
Iy� Description
Letter/Legal Records Box
Letter Transfer Records -Box
Legal Transfer Records Box
c_ategory
Standard
Critical
Response Time
12 X 10X 15
12X11X24
15X10X24
SCHEDULE B: SPECIAL CHARGES
Unscheduled Delivery or Pickup
During Normal Business Hours
$700.00
$400.00
$100.00
$ 50.00
Unit Rate Monthly Charge
$ 10.00 each
$ 0.50 each
Unit Rate Monthly Charge*
$ 0.50 each
$ 1.00 each
$ 1.00 each
Nights, Weekends & Ho1ida
24 Hours NO CHARGE
2 Hours $ 25.00
*Billing based on actual quantities, minimum monthly charge is $50.00
$ 50.00
$ 50.00
BASIC AGREEMENT: The Depositor has, or anticipates having certain business files, records and data (herein called 'Records') stored at
a location other than the Depositor's regular business address. Such Records include magnetic tapes, disks, diskettes, cards, paper
documents, microfilm and any other machine or manually recorded or readable data. Depositor has determined that Safesite maintains a
safekeeping facility and is suitable for storage of its records. All parties agreed to the following terms and conditions of this Agreement.
2. TERM: This Agreement shall remain in effect until terminated by either party under the provisions of this paragraph. Depositor may
terminate this Agreement by providing Safesite with written notice of intent to terminate, and this Agreement shall terminate thirty (30) days
after Safesite receives such notice. Safesite may terminate this Agreement, beginning one (1) year after the date Depositor accepts the
terms of this Agreement by providing Depositor with written notice of intent to terminate, and this Agreement will terminate ninety (90) days
after Depositor receives such notice. In addition, Safesite may terminate this Agreement at any time, without notice, if Depositor fails to pay
fees and/or charges specified herein. Upon termination of this Agreement and timely payment of all amounts earned by Safesite, Safesite
shall deliver all Records to Depositor as provided herein.
3. PREPARATION OF RECORDS: Depositor is responsible for proper packing, identification, and sealing of records in containers before
they are available for pickup by Safesite. Safesite shall not be required to accept for transport or storage any records that, in its opinion, are
not properly identified, packed, or otherwise protected. Unless expressly authorized by Depositor in Supplement A to this Agreement,
Safesite shall not remove any of the contents of any container(s) while in Safesite's possession. However, Safesite shall have the right to
inspect the contents of any container prior to accepting such container for transport or storage. If Safesite reasonably believes that the
contents of any container(s) are not appropriate for transport or storage, it may refuse to accept such container(s). Depositor shall not, at
any time, store any of the following: a) narcotics or other controlled substances; b) materials considered highly flammable, toxic, explosive
or radio -active: c) organic materials that may attract insects or vermin; d) materials which are otherwise illegal, dangerous or unsafe to store
or handle in a closed area.
The additional terms and conditions on the reverse side hereof are incorporated in and made part of this Agreement
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4. LIMITATION OF LIABILITY: For the assurance that Safesite will properly care for records owned by Depositor, Depositor is relying and
shall rely, solely on Safesite's desire and incentive to establish and maintain its reputation for safekeeping records. Accordingly, Safesite
shall have no liability for Toss or damage to Depositor Records regardless of whether such Records were in the possession of
Safesite at the time of loss or damage. Depositor shall have no claim or action against Safesite for any matter related to this
Agreement except for Safesite's failure to perform its contractual obligations under this Agreement; and, in no event, shall
Safesite's liability for failure to perform such contractual obligations exceed the fees and amounts paid under this Agreement
during the two (2) month period immediately preceding such failure. Safesite shall have no obligation to insure the Facility
Records or other material belonging to Depositor against any Toss or damage whatsoever. Depositor understands and
acknowledges that normal deterioration and aging of all Records media occur with time.
5. TEXAS DECEPTIVE TRADE PRACTICES ACT; WAIVER OF CONSUMER RIGHTS. WITHOUT IMPLYING THAT
THE PROVISIONS OF THE ACT DESCRIBED BELOW APPLY TO THIS AGREEMENT OR THE TRANSACTIONS
CONTEMPLATED HEREIN, DEPOSITOR HEREBY WAIVES ITS RIGHTS UNDER THE TEXAS DECEPTIVE TRADE
PRACTICES --CONSUMER PROTECTION ACT, SECTION 17.41 et seq., BUSINESS AND COMMERCE CODE, A LAW THAT
GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. THIS WAIVER IS MADE AFTER CONSULTATION WITH AN
ATTORNEY OF DEPOSITOR'S OWN SELECTION, AND DEPOSITOR VOLUNTARILY CONSENTS TO THIS WAIVER.
DEPOSITOR REPRESENTS AND WARRANTS THAT DEPOSITOR IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING
POSITION IN RELATION TO SAFESITE.
6. ACCESS TO DEPOSITED RECORDS: The deposited records and information contained in said Records shall be delivered only to
authorized Depositor agent(s) identified in Supplement B to this Agreement. Depositor may modify such authorization at any time by
submitting a revised Supplement B to Safesite. Such Authorization will become effective when received by Safesite. When Depositor
requests delivery of stored Records, Safesite will be allowed a reasonable time to respond: and, if unable to do so due to Acts of God or
public enemy, seizure or legal process, strikes, lockouts, riots, civil disturbances or other reason beyond Safesite's control, Safesite shall
not be liable for failure to deliver such Records. In no event, including termination of this Agreement by either party, shall Safesite be
obligated to release or deliver to Depositor more than five hundred (500) boxes per calendar week. Access to storage areas is restricted to
Safesite personnel. However, Depositor may have access to stored Records for purposes of inspection and audit upon reasonable prior
notice to Safesite and provided that Depositor's agent (s) is accompanied by a Safesite representative at all times when within a Safesite
facility. Safesite may elect to charge Depositor a reasonable fee for such accompanying personnel.
7. TITLE WARRANTY: Depositor warrants that it is the owner or legal custodian of all stored Records and has full authority to store said
Records under this Agreement. In the event that Safesite shall be made a party in any litigation by reason of having possession of such
Records, Depositor agrees to indemnify and hold Safesite harmless from any and all liability which may result from said possession and to
pay all costs and attorney's fees incurred in connection therewith.
8. RECORD PICKUP AND DELIVERY: Safesite shall provide pickup and delivery service to the Depositor's address specified in this
Agreement, or as changed from time to time. Depositor shall notify Safesite by phone or by mail at the above listed Safesite address
whenever Records are requested for delivery or pickup. Normal response time for such requests will be within (24) hours of receipt by
Safesite. Depositor may specify that the request is of an urgent or critical nature requiring a Special Delivery. Safesite will respond to
Special Delivery request within (2) hours. Depositor may elect to keep the records on either a permanent or temporary basis.
9. CHARGES: The charges for services provided by Safesite under this Agreement are as specified in Schedules A and B or as changed
from time to time with thirty (30) days prior written notice to Depositor. Depositor agrees to pay all charges and fees set forth in this
Agreement for so long as Records are stored by Safesite, including any periods following termination of this Agreement. In addition,
Depositor shall pay all applicable federal, state and local sales, use or gross receipts taxes accruing from services provided under this
Agreement. Fixed monthly charges shall be billed to the Depositor on the first (1st) day of each month for services to be rendered for that
month. All other charges are due and payable upon receipt of invoice from Safesite. Safesite maintains the right to charge interest at the
rate of 1% per month on any outstanding balance over (30) days from date of billing.
10. ABANDONED RECORDS. Depositor shall have ninety (90) days, following written notice from Safesite to Depositor at Depositor's
address listed above, to make arrangements with Safesite for the removal of Depositor's records from Safesite. Following the expiration of
such period, if Depositor has not made arrangements with Safesite for removal of Depositor's records, the Records will be deemed
abandoned by Depositor and Safesite may and is hereby authorized by Depositor to destroy or otherwise dispose of the Depositor Records
in any manner Safesite, in its sole discretion, deems appropriate. Safesite shall have no liability whatsoever to Depositor for the destruction
or disposal of Depositor's records pursuant to this Section 10 of the Agreement.
11. BINDING OBLIGATIONS: The rights and liabilities set forth in this Agreement shall inure to the benefit of, and be binding on, Safesite,
Depositor and their res ive heirs, executors, administrators, successors and assigns.
Acce , Inc Acce • ed By: City of RounRock
BY:
Print Name: Kevin Hennessee Print Name: LA -URI C A-j)(,,,G�
TITLE: General Manager, Safesite Austin
M
DATE: 6.2.3,( 11
TITLE: JmT'i ALT' City_AbgibotbEk.
DATE: 51Q0/1 I
SAFESITE, INC.
Austin — Dallas — Houston — San Antonio
SAFEKEEPING AGREEMENT
Supplement A.
AUTHORIZATION FOR SAFESITE ACCESS TO DEPOSITOR RECORDS
Depositor Name: City of Round Rock
221 East Main Street
Round Rock, TX 78664
Please Choose One of the Following Options:
Option 1:
Depositor desires to RESTRICT Safesite personnel from accessing Depositor's records. Depositor's containers
are to remain closed while in storage and transport.
Option 2: V
Depositor desires to PERMIT Safesite personnel access to Depositor's records. Safesite, for the purpose of
retrieving and re -filing of specific files and data when requested by Depositor, may open depositor's containers.
THIS SUPPLEMENT BECOMES A PART OF THE SAKEKEEPING AGREEMENT BETWEEN DEPOSITOR AND
SAFESITE.
DATED 04/25/11. CUSTOMER NUMBER: ti 6 .4 7
Accepte • -� `� ite, Inc. Accepter y: City of Roun • Rock
BY: BY: , Lai
i
Printed Name: Kevin Hennessee
TITLE: General Manager, Safesite Austin
DATE: s/4
Printed Name: I- 4t tR1 E }bi-GY
TITLE: 4fb,'r4(sJT- e1 r'' m Loc
DATE: p2O
l•
SAFESITE, INC.
Austin - Dallas - Houston - San Antonio
SAFEKEEPING AGREEMENT
Supplement B.
AUTHORIZATION FOR DEPOSITOR REPRESENTATIVE ACCESS
Depositor Name: City of Round Rock
221 East Main Street
Round Rock, TX 78664
Main Contact: Barry Becker
Email: bbecker@round-rock.tx.us
Phone Number: 512-218-5457
Fax Number: 512-218-7097
Accounts Payable Contact:
Depositor authorizes the following designated individuals to request pickup and delivery of Depositor records
and/or to receive said records.
DRIVERS LICENSE #
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NAME SIGNATURE
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This authorization (is) (is not) an addition to a prior authorization.
Additional Instructions:
THIS SUPPLEMENT BECOMES A PART OF THE SAFEKEEPING AGREEMENT BETWEEN DEPOSITOR AND
SAFESITE DATED 04/25/11. CUSTOMER NUMBER: 4 Lt q Y 4
ite, Inc. AcceptBy: City of Rouid Rock
Printed Name: Kevin Hennessee
TITLE: General Manager, Safesite Austin
DATE:
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BY: /1/514/
Printed Name: Lje diAj)(—ti
TITLE: '1Sr Ga:g__riba' -,2
DATE: 61.2.0// /