17-0321_CERTIFIED RECORDS MANAGEMENT_Agenda Report_E8TO :
FROM :
SUBMITTED BY :
PREPARED BY:
DATE :
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~ Siegel, City Manager
Maria Morris, City Clerk 1/\}J.AA..___
Ken Al-lmam, Chief Financial Office r~
Christy Jakl, Assistant City Cler ~
March 21,2017
3/21/2017
E8
Consideration of a Professional Services Agreement with Certified
Records Management for Offsite Records Storage , Retrieval , and
Destruction Services
RECOMMENDATION:
By motion, approve and authorize the City Manager to execute a Professional Services
Agreement with Certified Records Management for a term of 10 years , in an amount of
$12,000 annually for a total not to exceed amount of $120,000 , for offsite records
storage , retrieval , and destruction services .
EXECUTIVE SUMMARY :
The City Clerk 's office issued a Request for Proposals (RFP) on January 3, 2017, for
the offsite storage, retrieval, and destruction of business records. The City received
four (4) proposals in response to the RFP and staff conducted a review of all proposals.
Staff recommends awarding the Professional Services Agreement to Certified Records
Management for a term of ten years , in an amount of $12,000 annually for a total not to
exceed amount of $120,000 .
DISCUSSION/ANALYSIS :
The City Clerk Department is responsible for the Citywide Records Management
Program and the storage of records. The storage of records off-site provides the benefit
of vital City records to be stored securely and in a climate controlled environment.
Records stored off-site are boxed and marked with a unique barcode , then indexed into
a searchable database . Upon request, records can be retrieved and delivered to the
City by next business day or, if necessary, same day. At any time, an authorized City
City Council Agenda Report
March 21, 2017
Page 2 of 3
employee can visit the off-site facility to retrieve or review records . On an annual basis,
the City Clerk coordinates the destruction of City records based on the City's adopted
Retention Policy and City Attorney's approval.
In 2013, the City Clerk advertised an RFP and awarded a contract with Certified
Records Management (CRM) for a term of three years. There are currently over 2,550
boxes of City documents from all City departments stored at CRM's facility. The 2017
RFP modified the term to ten years to attain and secure more competitive pricing.
On January 21, 2017, the City Clerk Department received proposals from four
companies: Certified Records Management, Corodata Records Management, Inc.,
Storetrieve, LLC, and Penn Records Management. After review of all the proposals,
staff is recommending to continue contracting with Certified Records Management
based on their qualifications, experience, and level of services provided to the City in
the last three years. In addition, they were the lowest fee proposer for the routine
services (Attachment 2).
FISCAL IMPACT:
On June 21, 2016, the City Council adopted the budget for Fiscal Years 2016-2017 and
2017-2018, which includes $12,000 annually for offsite storage, retrieval, and
destruction of business records citywide. The proposed agreement reflects $12,000
annually for a total not to exceed amount of $120,000 for the full term.
ENVIRONMENTAL IMPACT:
Not applicable .
PRIOR CITY COUNCIL REVIEW:
Not applicable .
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
Not applicable .
NOTIFICATION:
Certified Records Management
Corodata Records Management, Inc .
Storetrieve, LLC
Penn Records Management
City Council Agenda Report
March 21,2017
Page 3 of 3
ATTACHMENT(S):
Attachment 1 -Professional Services Agreement with Certified Records
Management.
Attachment 2 -Off-Site Storage Price Comparison
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of APRIL 1, 2017, by and between the City
of San Juan Capistrano, a municipal corporation organized and operating under the laws of the
State of California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, CA 92675 ("City"), and CERTIFIED RECORDS MANAGEMENT a Corporation with
its principal place of business at 7880 Crossway Dr., Pica Rivera, California, 90660 (hereinafter
referred to as "Consultant"). City and Consultant are sometimes individually referred to as
"Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for secure off-site records storage solution, retrieval of off-site documents and
certified records destruction for the City Clerk's office.
B. Consultant is duly licensed and has the necessary qualifications to provide such
services .
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services .
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A." Consultant to work with the existing storage vendor to
migrate boxes, and the Consultant agrees to pay any permanent removal fees from
existing storage vendor.
2. Compensation .
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $12,000 annually . Periodic payments
shall be made within 30 days of receipt of an invoice which includes a detailed description of the
work performed. Payments to Consultant for work performed will be made on a monthly billing
basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule . An amendment to this
ATTACHMENT 1
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City .
5. Term
The term of this Agreement shall be from April 1, 2017, to March 31, 2028, unless earlier
terminated as provided herein . Contractor shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines. The Parties may,
by mutual, written consent, extend the term of this Agreement if necessary to complete the
Services.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party . For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions ; floods; earthquakes; fire; epidemics ; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing , give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cai!OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal
of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
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9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consu ltan t
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section . In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City .
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
( 1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
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insured against another; (3) products/completed operations liability ; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 1 0 10 01 and 20 37 10 01, or endorsements providing the exact same coverage .
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured .
b . Automobile Liab ilit y
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned , non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City .
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees , agents
and City designated volunteers additional insured status .
(iv) Subject to written approval by the City, the automobile liability
program may ut i lize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Wo rkers ' Co mpensati o n/Empl oye r 's Li a bility
(i) Consultant certifies that he/she is aware of the prov1s1ons of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement , all in accordance with the
"Workers ' Compensation and Insurance Act ," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein . Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
d . Profess io nal Liability (Erro rs and O mi ssi o ns)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Om issions insurance appropriate to its
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profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein . This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a pol icy form coverage specifically designed to protect
against acts , errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of' the insured and must include a provision establishing the insurer's
duty to defend.
e . Mi nim um Policy Limits Require d
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Combined Sing le Limit
$1 ,000,000 per occurrence/ $2 ,000,000 aggregate
for bodily injury, personal injury , and property
damage
$1 ,000 ,000 per occurrence for bodily injury and
property damage
$1,000 ,000 per occurrence
$1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent , or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds , where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies , and the
expiration date of such insurance.
g. Policy Provis io ns Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (1 0) days prior written notice of cancellation of any such
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policy due to non-payment of premium . If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration .
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants .
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought , except with respect to the limits of liability .
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h . Qualifying Ins urers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California , or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law .
i. Additional Insu rance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant , and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments . In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j . Subcon s ultan t Insuran ce Req ui reme nts . Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage . If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification .
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers ,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits , actions , proceedings , costs, expenses , liability, judgments, awards, decrees,
settlements , loss , damage or injury of any kind , in law or equity , to property or persons ,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts , errors or omissions , or willful misconduct of Consultant , its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782 .8, the above indemnity shall be limited , to the extent
required by Civil Code Section 2782 .8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds , if any , received by the City, its officials,
officers , employees, agents or volunteers.
b. Add itional Indemn ity Ob lig ati o ns. Consultant shall defend, with counsel
of City's choosing and at Consultant 's own cost, expense and risk , any and all Claims covered
by this section that may be brought or instituted against the City, its off icials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City , its officials , officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City , its officials , officers , employees,
agents or volunteers as part of any such claim, suit, action or other proceeding . Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
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witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers , for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided . Consultant's obligation to indemnify
shall not be restricted to insu rance proceeds , if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. Ca lifo rnia Labor Code Requ ire me nts.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq ., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works " and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project , as defined by the Prevailing Wage Laws, and if the total compensation is $1 ,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable .
Consultant shall defend , indemnify and hold the City , its officials, officers , employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions ,
which include but are not limited to prevailing wages , employment of apprent ices , hours of labor
and debarment of contractors and subcontractors.
b. If the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants · performing such Services must be registered with the
Department of Industrial Relations . Consultant shall maintain registration for the durat ion of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verifi cati on of Employment Eli gibi lity .
By executing this Agreement , Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens , including , but not limited to, the Immigration Reform and Control Act of
1986 , as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California . If any action is brought to interpret or enforce any term of this Agreement , the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
16 . Termin ation or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (1 0) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. C ity shall pay Consultant the reasonable value
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of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein .
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17. Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign Sean Kelley as Project Manager. The Project Manager shall not
be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk's Office
and shall be effective upon receipt thereof.
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CONSULTANT:
Certified Records Management
7880 Crossway Drive
Pica Rivera, CA 90660
Attn: Sean Kelley
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
22. Equal Opportun ity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions . Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising , layoff
or termination.
23. Entire Agreement
This Agreement, with its exhibits , represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements , promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25 . Successors and Ass igns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party ,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City's Right to Employ Othe r Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects .
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29 . Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CERTIFIED RECORDS MANAGEMENT
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By :
Ben Siegel
City Manager
ATTEST:
By :
Maria Morris
City Clerk
APPROVED AS TO FORM :
By :
Jeffrey Ballinger
City Attorney
CERTIFIED RECORDS MANAGEMENT
By :
Its:
Printed Name : _________ _
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EXHIBIT A
Scope of Services
13
ERTIFIED
INFORMATION MANAGEMENT
Securing 'y"o u r lnf'orrncrfion
Records Management Servicl~s
SCHEDULE A
RECOIW CENTE.n STOHAG E RATE
Sloragc, Regular ( 1.2) (per rubic foot) $0 .20
llECOIW CENTEn SEll VICES RATE
Receiving and Entering-Carton $1.70
Rcgulnr Retricvai!Rclilc-Carton (carton return& carton renle)$1 .70
J\cceiving and Entering-File $2 .00
Regular Retricvai/Rcfile-File $1 .70
Permanent Removal (plus Retl'icval Charges) $3.66
Certified Destruction (plus Hetricval Charges) $3.66
PICK-lJPII>ELIVtRY SERVICES
Regular Scrvic~:
(Order by 3:00pm-RC"ccivc next business day by 5:00pm)
Same Dny Service
(Order before lOam-Receive sumc business day by 5:00pm)
Emergency Service
(Order afler hours or delivery afier hours)
ADDITIONAL SERVICES
Ccrtilied Canon (Miracle Box)
Sheets of Barcode I ,abe Is
lmaging/Scann ing
Scnn on Demand
RATE
$I 1.40
$19.20
$150 .00
I~ ATE
$3 .()0
$0 .00
Quote
$0.07
UNIT
Month
lJNIT
C. F.
Box
File
File
Box
Box
UNIT
Trip
Trip
Trip
UNIT
Carton
Sht~Cl
Page
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detained progress report that indicates the amount of budget spent on each task. Consultant
will inform City regarding any out-of-scope work being performed by Consultant. This is a time-
and-materials contract.
14
ROUTINE SERVICE CHARGES
Mon thly Box Sto rage (Standard Size) Jet l
Retrieva i/Refi le Box jbox I ,
I ,
I ,
Tri p Cha rge, Next Day I . 1tnp
I
2017 Request for Proposals
Off-Site Records Storage Price Comparison
Certified Records
Management
$0.20Jbox
$1.70jbox ,
I ,
I ,
$11.40!trip
Corodata
$0.201
$1.601 ,
I ,
I
$14.40j
plus $2.00 per box1
I
Storetrieve
box $0.201 box
box $1.80j box ,
I ,
I ,
trip I $11.001 trip
Penn Records
Manageme nt
$0.181
$1.80j
$10.70j
plus $6.25 fuel surcharge,
• subject to changef
Plus Each Additional Item $1. 75j
per item1
I I I -------------------------------r-----+--------------~------~-------------r'----+----------------7----------------------~' Estimated Monthly Costs I I , , , ,
(BoK Storage On ly) $510.001 $510.001 $510.001 $459.001
Estimated Monthly Trip Costs
(Based on Historical Average -
4 Trip s and 51 reflies/retrievals)
Invoice Total Estimate
SERVICE CHARGES
Receiving and Enteri ng New Boxes
Destruction and Shredding
Trip Charge, Same Day
Trip Charge, After Hours
,MAPS/ODD SIZED DOCUMENTS
Small Ma p Tubes
Large Map Tubes
. Oversized Boxes
I
REPORTS
Inventory b y Dep a rtment
Destruction Re port
INITIAL TRANSFER
Data input into syste m
Transfer of boxes
On-site Traini ng of 4 employe_es
On-site Traini ng, other fees
MISCELLANEOUS
Permanent Removal Fee
Contract Termination Fee
Other Fees or Conditions (Transportation
Handling/Next Day)
Insurance
I ,
I ,
I
!
!
I
ict ,
I ,
I box
J ,
• ,
I ,
!trip
J ,
I . 1tnp
•
ltube
ltube
jbox ,
lr
' ,
I ,
!
!
I
I
I j ,
I I I I , I , ,
I $13s.sof I $132.301 $241.201 I $230.101
: I : I
$642.30! $751.20! $645.80! $689.10!
! ! ! !
OTHER FEES AND CONDITIONS FOR CONSIDERATION I
I I I
$1.70jbox $1.101 box ! $2.701 box $0.95j , ;
bJ
, ,
I I $3.96! $3.35! $3.66, ,
Plus Retrieval Charge $1.70j box $4.651 Plus Retrieval Charge $1.80j box Plus Retrieval Charge $1 .801
I I I 17.701 , , , plus $6.25 fuel surchargel
I I I • subject to change! ,
$29.40j
,
I I Plus Each Additional Item $1.751 , Plus $2.00 per box; , per item'
$19 .2ohrip Plus $3.45 per box, trip $2o.oo! trip Plus $40.00 Rush Sucharge!
' $250.00J
trip I
J $125.001 , , I ,
$150.oo!trip
Plus $2.00 per boxl I plus $6.25 fuel surchargel
Plus $3.45 per boxl $150.001 trip * subject to changel
$0.20itube 0.201 tube t $0.251 tube 0.181
$0.60jtube 0.351 tube I $0.301 tube 0.321
$0.60jbox o.55j box $0.36j cf 30 1
I , , , ,
$9.00,
$9.oo!
i i i
so.ooi so.ooj $o.oo; $O.OOj
$0.00, $0.00, $0.00,
so.oo; so.ooj so.oo; so.oo;
$0.00,
$o.ool $o.ool so.ool so.ool
I I I
I I I I
I 3.35,
plus retrieval charge $1.801
1 1 Reimburse perm-out pa id by 1
' ' Storetrieve should contract end ' $5.00 per box within 3 years of ! !prior to 11 yrs; reimbursement rate! contract ! I at depreciated cost depending on I No Fee after 3 years
$0 .001 $o.ooj end of contract j 1
j j Prices fixed for 36 months; CPI J Monthly Service Charge for Invoicing j
, , increase in amount not to exceed , Waived first year-$4.50 per month 1 ! ! 3% per year ! after first year !
bl d J bl 'd I' - d -I bl d . IAbl 'd --dl A e to provi e insurance as 1 A e to prov1 e 1m1te msurance 1 A e to provi e Insurance as 1 e to prov1 e Insurance as require 1
! coverage ! required in the agreement ! in the agreement ! required in the agreement
'I ATTACHMENT 2