17-0321_CERTIFIED RECORDS MANAGEMENT_City Attorney Letter to Storetrieve Indian Wells 09 111& Riverside
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Irvine BEST BEST & KRIEGElft Sacramento
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Victoria Hester
(619)525-1365
victoria.hester@bbklaw,com
File No. 61147.00115
March 21, 2017
VIA EMAIL [KWASN0K*ST0RETRIEVE.NET]
Keith Wasnok
Account Manager
Storetrieve, LLC
1150 S. Taylor Ave.
Montebello, CA 90640
Re: Records Storage RFP Protest Letter
Dear Mr. Wasnok:
This firm serves as City Attorney for the City of San Juan Capistrano. The City has
received your protest letter dated March 20, 2017, challenging the City's recommended contract
award for records storage services to the City's current vendor, Certified Records Management
("CRM").
As you know, the Request for Proposals ("RFP") process provides the City with
discretion to select a provider based on several criteria. These include not only pricing and
qualifications, but also level of service, future charges, and the provider's length of time
providing services. As explained. in the March 21, 2017 City Council Agenda Report
recommending the contract award, City staffs recommendation to select CRM is based on
CRM's qualifications, experience, and the level of services CRM has provided to the City in the
last three years. CRM also happened to be the lowest fee proposer.
Your protest letter references Storetrieve's previous offer for the City to utilize
Storetrieve's City of Los Angeles piggyback pricing contract. We understand that the prices
included in the piggybacking contract were submitted in response to the City's first UP for
records storage, issued back in 2015. However, the proposal submitted by Storetrieve in
response to the City's 2017 RFP included a different pricing structure. The statements in your
letter regarding possible savings to the City are not consistent with your 2017 proposal.
Your statement that the City is subject to "hostage fees" for the removal of current
records is incorrect. The 2017 RFP expressly states that "[s]hould the City award the proposal to
a new Provider, the Provider agrees to relocate all records and miscellaneous items from current
off-site facility to new location at no charge. Provider agrees to pay any permanent removal fees
from existing storage vendor." (2017 RFP for Records Storage, Retrieval and Destruction
61147.00115\29652385.1
09Ilk
BEST BEST & KMEGER
ATTORNEYS AT LAW
Keith Wasnok
March 21, 2017
Page 2
Services, Section A(15).) Therefore, the City would not be subject to permanent removal fees if
the City decided to switch vendors.
Furthermore, although your letter states that Storetrieve would save the City money by
reimbursing the City for its "perm-out obligation," Storetrieve's prices are fixed for only three
years, at which point the prices increase subject to the Consumer Price Index ("CPI"), up to 3%
per year. The other providers who responded to the City's RFP (including CRM) do not charge
this 3% CPI increase.
City staff remains confident in its recommendation. You are of course welcome to share
your thoughts with Council at the meeting this evening.
Sincerely,
Victoria Hester
for BEST BEST& KRIEGER LLP
City Attorney
City of San Juan Capistrano
61147.00115\296523&5.1