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85-R-41!ti-L ,, uncilman-Zone Four 0 Authenticate 's*,day of h D*4140985. Mayor RESOLUTION NO. 85-R-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE AN AGREEMENT WITH FLORIDA DATA BANK, INC. FOR STORAGE OF RECORDS OF THE CITY OF EDGE - WATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That the City Council of the City of Edgewater, Florida, authorizes the appropriate officials of the City of Edgewater to execute an agreement for storage of city records with FLORIDA DATA BANK, INC.. SECTION 2. A copy of said agreement is attached to this resolution. and by reference incorporated herein. SECTION 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 4. That this resolutionshall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, at a OO,.LA meeting of said Council held on the__q�!jday of . `, 1985, and approved as provided by law. This resolutions was introduced and sponsored by and was read and passed by a vote of the City Council of the City of Edgewater, Florida, at a al meeting of said Council held on the Lj�"day of , 1985, and authenticated as provided by law. ROLL CALL VOTE AS FOLLOWS: Councilm - one TKree Attest: City Clerk This r ution p are y: an Page o � o STORAGE AGREEMENT T s Storage Agreement ("Agreement") is made this C day of , 1985, by and between FLORIDA DATA BANK, IN , a Florida corporation ("Data Bank"), and the Depositor referred to below. Data Bank hereby agrees to accept for storage such hard copy materials, magnetic media and microforms (collectively referred to as "deposits") and to sdrvice such deposits as: CITY OF EDGEWATER, FLORIDA Riverside Drive Edgewater, FL 32069 ("the Depositor") requests, subject to all terms and conditions contained herein. Depositor agrees to pay storage fees pursuant to the schedule of rates attached hereto as Exhibit A (the "Rate Schedule") or any revisions thereto which are subsequently agreed upon. The Rate Schedule is incorporated herein and made a part hereof. Depositor shall pay the storage fee as billed quarterly in advance. Charges for other services requested by Depositor will be billed as they occur. All charges are due within thirty (30) days after billing and, if not paid within this period, shall bear interest at the rate of 1.5% per month. For Deposits received prior to the fifteenth (15th) day of each month, charges will be assessed on the basis of the entire month. For deposits received after the fifteenth (15th) day of the month, charges shall be assessed on the basis of one-half (1/2) of that month. The original term of this Agreement shall begin /J-Y.( , 1985, or the date of the first acceptance of deposits by Data Bank, whichever is later, and shall continue until August 31, 1986. This Agreement shall automatically be renewed for successive terms of one year until either party shall cancel it by giving the other written notice of its election to cancel at least forty-five (45) days prior to the expiration of the then existing term. Data Bank shall deliver notice of any proposed modification of'storage fees at least sixty (60) days prior to the expiration of the then existing term. Fees for all other services may be modified at any time upon thirty (30) days written notice. No deposit shall be .accepted unless accompanied by a properly executed Data Bank transmittal sheet or a mutually approved substitute. Deposits shall be delivered by Data Bank only to persons specifically authorized by Depositor. Depositor shall supply a listwithsignatures (on city stationery, signed by an authorized city official) of such authorized persons who can order, access and accept delivery of deposits. Depositor o 0 shall be responsible for notification of deletions or additions to such list in writing as described above. Similarly, no deposits shall be deemed accepted by Data Bank unless receipted for by a specifically authorized employee of Data Bank. Data Bank shall notify Depositor of•such authorized employees. Depositor agrees to comply with all operating procedures set forth in Data Bank's Rate and Procedure Sheet or communicated to Depositor by Data Bank regarding.the safety, care and management of Data Bank's storage facilities and the deposits. Depositor agrees specifically not to include with deposits any narcotics, explosives, radioactive materials, nitrate film, films producing acidic fumes, organic material which may attract vermin or insects or any other hazardous or illegal materials. Data Bank reserves the right to refuse acceptance of any deposits for reason of Depositor's failure to comply with Data Bank's operating procedures. Upon written instructions received from Depositor, Data Bank will destroy deposits. Depositor releases Data Bank from any liability, claims or expenses in connection with Data Bank's destruction of such deposits pursuant to such authority. Data Bank shall not be liable to Depositor for any loss or injury to deposits however caused, nor shall Data Bank be liable to Depositor for any loss or injury whatsoever, unless such loss or injury results from the failure by Data Bank to exercise such care with regard to the deposits as a reasonably careful man would exercise under like circumstances. In the event that loss or injury results from the failure of Data Bank to exercise such care, the liability of Data Bank to Depositor shall be strictly limited to amounts not exceeding two dollars ($2.00) per cubic foot box of documents, six dollars ($6.00) per roll of microfilm and fifteen dollars ($15.00) per roll of magnetic tape. If Depositor allows Data Bank to store any deposits valued in excess of these limits, Depositor warrants and represents that Depositor has secured its own insurance in the amount adequate to insure the deposits against loss or injury however caused. No action may be maintained by Depositor or third parties against Data Bank for loss or injury for any reasons unless timely written notice of such claim has been delivered to Data Bank within fifteen (15) days after delivery of the deposits or notification of said loss or injury by Data Bank, and unless such action is commenced within six (6) months after the date of accrual of such action. The parties agree that Data Bank is not and shall not be deemed a contract or common carrier. Pursuant to Chapters 677 and 679 of the Florida Statutes, Data Bank shall have a lien on and security interest in all deposits accepted for storage in order to secure the obligations of the Depositor hereunder. In the event that Depositor fails to pay the charges of Data Bank within thirty (30) days after billing, Data Bank may, after giving ten (10) days notice by registered mail to Depositor, at Data Bank's option: (a) refuse access to deposits or (b) sell any or all of the deposits and containers as scrap and apply the proceeds thereof to the arrears, all without liability to Data Bank. Any expenses incurred in collecting such arrears, including reasonable attorneys' fees, shall become a part of the charges owing Data Bank and shall be secured by said lien and security interest. The foregoing shall not preclude Data Bank from exercising any other remedy available to it under statute or common law. This Agreement shall bind the parties hereto, their heirs, executors, administrators, successor8 and assigns and shall be governed by the laws of the State of Florida. This Agreement represents the entire understanding of the parties and no oral representations by Data Bank or any employees or agents of Data Bank shall be part of this Agreement. No alteration, amendment, addition or future understanding shall be binding unless reduced to writing and signed by both parties. Executed on the date first written above. FLORIDA DATA BANK, INC. S� Kerry Wilson Vice President - Operations CITY OF EDGEWATER, FLORIDA Titley� SCHEDULE A Rate Schedule CITY OF EDGEWATER, FLORIDA Monthly Storage Rates Hard copy per cubic foot box $ .25 Minimum monthly storage fee $ 35.00 All other charges will be assessed in accordance with the Florida Data Bank Rate and Procedure Sheet effective at the time the service is performed. FLORIDA DATA BANK, INC. Kerry M. ilso Vice President L Operations CITY OF EDGEWATER, FLORIDA F L O R I D A DATA BANK, INC. P. O. BOX 7378 Winter Haven, FL 33883 813/294-DATA 813/967-DATA RATE AND PROCEDURE SHEET (Effective 6/1/85) REGULAR BUSINESS HOURS: 8:30 a.m. - 5:00 p.m. Monday -Friday EMERGENCY SERVICE available 24 hours a day, 7 days a week. MONTHLY STORAGE RATES for all media quoted by proposal only. RETRIEVAL: Regular Business Hours Hard Copy $ .75 per file or cubic foot box Magnetic tapes or microforms Emergency (within 4 hours or after business hours) DELIVERY: Overnight (Pony Express) Regular Business Hours (Florida Data Bank) Emergency (within 4 hrs.) Emergency (after business hours) PICK UP:* Per cubic foot of refiles *NEW MATERIAL COMING IN IS NO CHARGE. 30 per item 5.00 per each cubic - foot of materials 6.00 for first 25 lbs. and .10/lb. over, plus $1.00 prep charge 12.50 for the first cubic foot of materials and $1.00 for each addi- tional cubic foot 30.00 for first cubic - foot and $3.00 each additional cubic -foot 60.00 for first cubic - foot and $10.00 each additional cubic -foot 12.50 for first cubic - and $1.00 each additional cubic - foot REFILE: Hard Copy .75 per file or cubic - foot box Magnetic tape or microforms .30 per item DESTRUCTION: Hard Copy 2.00 per cubic -foot box *Minimum charge 35.00 Destruction shall take place around March 31, June 30, September 30 and December 31 of each year. Certificate of destruction shall be issued by Florida Data Bank, Inc. STORAGE BOXES: Data Bank cubic -foot box $1.75 each plus tax* (Minimum of 25) Data Bank 1/2 cubic -foot box $1.50 each plus tax* *Quantity pricing upon request. Facsimile transmission: $1.00 per page SERVICE PROCEDURES 1. When calling for retrieval or pick up, give city name, client code and your name. Then carefully give the items and service requested. If the call is after business hours, make sure you leave a call back number with the answering service so that we may return your call. 2. Only those persons with written authorization on file will be allowed to retrieve, access or accept delivery of deposits. THERE WILL BE NO EXCEPTIONS. 3. Requests for regular delivery by Florida Data Bank must be made prior to 12:00 noon the day delivery is desired. Requests received after 12:00 noon will be delivered the next day. All requests for more rapid delivery will be deemed an emergency. 4. All original, incoming material must be properly transmittalled on the forms provided by Data Bank. The contents of all boxes 'shall be briefly examined to ensure that the contents comply with the Storage Agreement. Data Bank reserves the right to refuse to accept any deposit not in compliance. 5. Additional charges for packing, repacking, transmittaling, hoisting and miscellaneous labor may be assessed upon agreement between Data Bank and the client. 6. Data Bank is not and shall not be considered a contract or common carrier. PUBLIC RECORDS STORAGE WITH FLORIDA DATA BANK The information resources of any organization are among its most important assets. Public agencies must keep accurate records of their transactions not only to satisfy legal requirements but also to promote the efficient performance of their public business. Florida Data Bank is dedicated to providing economical off -site protection of those information resources and to working with public agencies to help them more effectively perform their statutory responsibilities with regard to records management. Here are six reasons why you should consider public records storage with Florida Data Bank: * The facility meets or exceeds in all respects the "Public Records Storage Guidelines" published by the Division of Archives, History and Records Management in May, 1984. Data Bank stores hard copy, computer media and microforms under secure and climate -controlled conditions which ensure data integrity and maximum useful life. * Its location in winter Haven, Florida, the geographic center of the state, facilitates the centralization of records storage (with the consequent economies of scale) and provides protection from natural and man-made disasters. * The transportation network furnished by Data Bank reaches across the state. Data Bank offers free original transportation of materials into its facility from any point in the state and can retrieve and deliver materials to your office within hours in central Florida and overnight throughout the state. * Improved management of your inactive files is Data Bank's most important goal. Data Bank's sole business is to rapidly and accurately retrieve, track, .refile and store your records under the most secure and environmentally favorable conditions possible. * Timely destruction means economy for your agency and office. Data Bank tracks retention schedules on our computer, provides you with notice in advance of destruction, helps you obtain the necessary authorization from DAHRM, and securely shreds and incinerates the material and provides a certificate of destruction. You pay only for the space actually utilized for the storage of necessary documents. * Finally, Florida Data Bank can usually provide these services for less than any other alternative. Florida Data Bank is less expensive than office or warehouse space and provides an extremely economical alternative to many microfilming applications. Data Bank personnel will aid in the inventory of materials and provide a detailed proposal so that you can firmly evaluate the cost of its services. For a free, no obligation proposal, call 813/294-DATA.