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HomeMy WebLinkAboutRecords Storage of City of Cypress DocumentsDATE: September 24, 1998 TO: June Alford, City Clerk FROM: °Don Penman, Deputy City Manager /Dev. Services Director , SUBJECT: RECORDS STORAGE���,� The City of Cypress has asked us to store a small box of their microfilmed documents. Bill indicated he wants to accommodate this request. Cypress sent a simple agreement executed by their City Clerk and are requesting you to sign. I would recommend you sign it. We can store the microfilm materials in Engineering or if you prefer, in your area. Please let me know if you have any questions. Attachment Cc: William R. Kelly, City Manager RECORD STORAGE AGREEMENT This is an Agreement for the provision of mutual storage of microfilmed drawings entered into on July 30, 1998, by and between the CITY OF CYPRESS, a California Charter Municipal Corporation, hereinafter called "CYPRESS" and CITY OF ARCADIA, a California Charter Municipal Corporation, hereinafter called "ARCADIA." WHEREAS, the Cities of Cypress and Arcadia have microfilmed their respective infrastructure drawings and related records; and WHEREAS, to avoid loss of said microfilm due to fire or other natural disaster, each City desires to store offsite duplicate copies of said microfilm; and WHEREAS, both Cities have the facilities to securely store said microfilm. NOW, THEREFORE, the parties hereto agree as follows: A. CYPRESS agrees to accept from ARCADIA duplicate microfilmed records and store them in a fireproof vault at no cost to ARCADIA. Said records shall be sealed in boxes with appropriate labels identifying them as the property of the City of Arcadia being stored pursuant to this agreement. ARCADIA shall be fully responsible for delivery of said boxes to the City of Cypress. All records shall be delivered to the attention of the City Clerk for the City of Cypress. B. ARCADIA agrees to accept from CYPRESS duplicate microfilmed records and store them in a fireproof vault at no cost to CYPRESS. Said records shall be sealed in boxes with appropriate labels identifying them as the property of the City of Cypress being stored pursuant to this agreement. CYPRESS shall be fully responsible for delivery of said boxes to the City of Arcadia. All records shall be delivered to the attention of the City Clerk for the City of Arcadia. 2. RETRIEVAL Stored records may be retrieved by each respective City in person by presenting a City identification card to the City Clerk who will then release said records. 3. INDEMNIFICATION A. CYPRESS agrees to indemnify and hold harmless ARCADIA, and its officials and employees from and against any and all claims, demands, damages of any kind or nature resulting from the loss of any of CYPRESS microfilmed records stored at ARCADIA, under the terms of this Agreement. B. ARCADIA agrees to indemnify and hold harmless CYPRESS, and its officials and employees from and against any and all claims, demands, damages of any kind or nature resulting from the loss of any of ARCADIA's microfilmed records stored at CYPRESS, under the terms of this Agreement. 4. NOTIFICATION All notices and written communications sent to each City under the Agreement shall be sent to the following addresses: City Clerk City of Cypress 5275 Orange Ave. Cypress, California 90630 City Clerk City of Arcadia 240 West Huntington Drive Arcadia, California 91007 Any such notices and written communications by mail shall be conclusively deemed to have been received by the addressee five (5) days after the deposit thereof in the U. S. Mail, first -class postage prepaid and properly addressed as noted above, or upon actual receipt thereof if delivered by personal service. 5. ENTIRE AGREEMENT This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 6. MODIFICATION OF AGREEMENT The terms are subject to modification by mutual agreement between CYPRESS and ARCADIA which such changes shall be incorporated by written amendments to this Agreement. wIt ma This Agreement shall be in full force and effect beginning August 1, 1998, and shall remain in effect until terminated by mutual agreement of both parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first shown above. CYPRESS: City of Cypress ARCADIA: City of Arcadia. �i o I 6�_ J-)-� 6"l (a-, I "­', - CC y Clerk City, C,Ierk, Dated: �g'1 V Dated: ' 6` _ �.S" e "i