HomeMy WebLinkAbout2006/12/19 Item 2
COUNCIL AGEND A ST ATEMENT
Item
Meeting Date:
'\
~
12/19/06
ITEM TITLE:
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A CONTRACT WITH IRON MOUNTAIN
INFORMATION MANAGEMENT, ~c. FOR THE LONG-TERM
STORAGE I!)ITY RECORDS
Susan Bigelow, MMC, City Clerk ~
Jim Thomson, Interim City Manager II (4/5ths Vote: Yes_No-X.)
REVIEWED BY:
Adoption of the resolution approves a contract for the long-term storage and related records
management services for the City's inactive and permanent records.
RECOMMENDATION:
COlTIlcil adopt the resolution.
DISCUSSION:
The City Clerk's Office manages the storage and retrieval of permanent and inactive records for
all departments. We also oversee the annual destruction of inactive records that have met their
retention requirements. Currently, there are approximately 6,000 cartons of stored records of
various types, including paper files, microfiche, maps, plans, and so forth. Due to the City's
rapid growth, the number of records generated, and, thus, the number ofrecords stored, continues
to grow, from approximately 1,500 cartons in 2000 to the current number. There is a need for a
viable long-term records storage solution, as well as an immediate solution to accommodate
departments that are reviewing and sending records to storage in light of the moves to different
offices.
Originally, the Civic Center renovation was to include a permanent records storage center in the
basement of the former police facility. A temporary "warehouse" facility for the records was
provided at the Corporation Yard, and City Clerk staff made daily trips to the Corporation Yard
delivering and retrieving cartons. The Corporation Yard facility, however, was not suitable for
long-term storage; and as the Civic Center plans developed, it became clear that there would not
be space for a permanent records center. A permanent, City-operated records center would have
been ideal since the City's records would have been located in close proximity to City Hall,
facilitating storage and retrieval, and would have given complete control over the handling and
protection of those records. However, since that could not occur, the alternative was to send the
records to a company providing records storage and related records management services, such as
retrieval, delivery and destruction.
In 2003, the records were transferred from the Corporation Yard to such a company, one of only
two in San Diego COlTIlty. Over the course of the past two years, serious concerns have arisen
about the handling of the City's records and it is now necessary to transfer to records to the other
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records storage company, Iron Mountain Information Management, Inc. A formal bid procedure
was not followed because there are only two local, viable alternatives. Iron Mountain has agreed
to coordinate the pickup, indexing and transfer of the records from the current storage provider to
its own facility at no cost to the City. The City Clerk and City Attorney are negotiating the cost
to permanently withdraw the City's records from the current storage provider, and the cost could
potentially be as high as $20,000. Depending on the results of the negotiations, Staff may need
to return with a request for an appropriation from the general fi.rr1d in a few months.
DECISION MAKER CONFLICTS
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and, consequently, the 500-foot rule found in California Code of Regulations Section
I 8704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
The armual cost for storage and related records management services is between $20,000 and
$25,000 armually. Funds for the ongoing storage of records is currently included in the City
Clerk's operating budget. A future appropriation may be required for the permanent withdrawal
of records from the current storage provider.
2-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACT WITH IRON
MOUNTAIN INFORMATION MAc""lAGEMENT, INe. FOR
THE LONG-TERM STORAGE OF CITY RECOfillS
WHEREAS, the City Council wishes to provide safe and long-term storage for the City's
permanent and inactive records; and
WHEREAS, Iron Mountain InCumation Management, Inc. has agreed to safely store and
protect the City's important records, as well as provide other records management services, such
as retrieval and timely delivery ofrecocjs upon the City's request.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a contract \dh Iron Mountain Information Management, Inc. for such
servIces.
Presented by
Approved as to form by
- ~ ~llfJ ;V ~~-----
Susan Bigelow, City Clerk
~~~\l.\\
Ann Moore, City ttorney .
2-3
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~('Y'~\'\<;;).Y~\l
Ann Moore
City Attorney
Dated:D~<- \ 2. ) "'2..aa~
Agreement between
City of Chula Vista
and
Iron Mountain Information Management System
For
Records Storage and Management Services
2-4
PARTIES AND RECITAL PAGE(S)
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND ,
IRON MOUNTAIN INFORJVlATTON iVlAi"iAGEiVIENT SYSTEM
FOR
RECORDS STORAGE AND MANAGEMENT SERVICES
This agreement ("Agreement"), dated , for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in E~~ibit A, Paragraph 1 is between the City of Chula Vista (City), and Iron Mountain
Information Management Systems (Iron Mountain), and is made witb reference to d1e following
facts:
RECITALS
Whereas, City is required by law to preserve documents that involve tbe business ofthe
Ciie) and,
Whereas, these documents require a significant amount of storage space and such space
is no longer available on City property and the documents require special handling to ensure
documents are not lost or destroyed; and,
Whereas, stored documents must be readily available and retrievable when requests for
documents are made; and
Wbereas, Iron Mountain warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Iron Mountain
to City within the time frames provided in tbis Agreement and in accordance with the terms arld
conditions of this Agreement;
OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Iron Mountain do hereby
mutually agree as follows:
I, Iron MountaiB's Duties.
A. General Duties.
Iron Mountain shan perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
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2-5
B. Scope of Work and Schedule.
In the process of performing and delivering said "Genera! Duties", Iron Mountain shall
also perform all of the services described in Exhibit A, Paragraph 8, .entitled" Scope of Work
and Schedule", not inconsistent with the General Duties, according .lD, and within the time
frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified
in Exhibit A, Paragrapb 8, within the time frames set forth in exhibit A, Paragraph 8, time being
of the essence of this Agreement. The General Duties and the work and del iverables required in
the Scope of Work and Schedule sha11 be referred to in this Agreement as the "Detined
Services". Failure to complete the Defmed Services hy the times indicated does not, except at the
option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work.
City may independently, or upon request from Iron Mountain, from time to time reduce
the Defined Services to be performed by the Iron Mountain under this Agreement. Upon doing
so, City and Iron Mountain agree to meet in good faith and confer for the purpose of negotiating
a cOlTesponding reduction in the compensation associated with the reduction in services.
D. Additional Services.
In addition to perfol111ing the Defined Services set forth in this Agreement, City may
require Iron Mountain to perfonn additional services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Iron Mountain, Iron Mountain shall perf 01111 the additional services 011 a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph] I (C),
unless a separate fixed fee is otherwise agreed upon. A11 compensation for Additional Services
shall be paid monthly as bi11ed.
In the event that City issues a purchase order to Iron Mountain covering the services
provided under this Agreement, any terms and conditions set forth in this purchase order which
constitute terms and conditions which are in addition to those set forth in this Agreement or
which establish conflicting terms and conditions to those set forth in this Agreement are
expressly rejected by Iron Mountain.
E. Standard of Care.
Iron Mountain, in performing any Services under tbis Agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of care and
skill ordinarily exercised hy members of its profession currently practicing under similar
conditions and in similar locations.
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2-6
F. Insurance.
Iron IY10untain must procure insurance against c!ajms for injuries to persons or damages
to property that may arise from or in connection with tile products aJ1<i materials supplied to the
City of Chula Vista. The insurance must be maintained for the duration of the contract. The cost
of such insurance sban be borne by Iron Mountain.
(1) Minimum Scope of Insurance.
Coverage must be at least as broad as:
a. Insurance Services Oftlce Commercial General Liability coverage
(occurrence Form CGOOOl).
(2) Minimum Limits of Insurance..
Iron MOlmtain must maintain limits no less than:
I. General Liability:
(Including operations,
products and completed
operations, as applicable.)
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. IfConunercial General Liability insurance with a
general aggregate limit is used, the general aggregate limit must be
twice the required OCCUlTence limit.
Deductibles and Self-Insured Retentions.
j\ny deductibles or self-insured retentions must be declared to and approved by
the City. AI the option of the City, either the insurer will reduce or eli..'Ilinate such deductibles or
self-insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or Iron Mountain will provide a financial guarantee satisfactory to tile City
guaranteeing payment of losses and related investigations, claim administration, and defense
expenses.
Other Insurance Provision.s.
The general liability policy shall contain, or be endorsed to contain, the following
provisions:
a. The City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect
to liability arising out of products or materials of Iron Mountain.
The general liability additional insured coverage must be provided
in the form of an endorsement to the contractor's insurance using
ISO CG 2010 (1 I/8S) or its equivalent. Specifically, the
endorsement must not exclude Products / Completed Operations
coverage, and must not be contingent upon "contract".
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2-7
b. For any claims related to a product, Iron Mountain's insurance
coverage must be primary insurance as it pertains to the City, its
officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained ~y the City, its officers,
officials, employees, or volunteers is Wholly separate from the
insurance of the contractor and in no way relieves Iron Mountain
from its responsibility to provide insurance.
c. Each insurance policy required by this clause must be endorsed to
state that coverage will not be canceled by either party, except
after thirty (30) days' prior written notice to the City by certified
mail, return receipt requested.
(3) Acceptability ofInsurers.
Insurance is to be placed with licensed insurers adrnitted to transact business in
the State of California with a CUlTent A.M. Best's rating of no less than A V. If insurance is
placed with a Surplus Lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLJ) with a CUlTent A.M. Best's rating of no less than B+ X.
Exception may be made for the State Compensation Fund when not specifically rated.
(4) Verification of Coverage.
Iron Mountain must fumish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should be on
insurance industry forms, provided those forms conform to the contract requirements. All
certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
G. Proof of Insurance Coverage.
(1) Certificates ofInsurance.
Iron Mountain shall demonstrate proof of coverage required by this Agreement,
prior to the commencement of services required by this Agreement, by delivery of Certificates of
bsurance demonstrating proof of coverage, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional bsured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Iron Mountain's Commercial General Liability
Insurance Policy, Iron Mountain shall deliver a policy endorsement to the City demonstrating
coverage, which shall be reviewed and approved by the Risk Manager.
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H. Business License.
lIon Mountain agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. Duties of l">e City.
A. Consultation and Coopemtion.
City shall regularly consult Iron Mountain for the purpose of reviewing the progress of
the Defined Services and Schedule contained in this Agreement, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall permit access tD its office
facilities, files and records by Iron Mountain throughout the telm of the Agreement.
Additionally, City agrees to provide the information, data, items and materials set forth on
Exhibit A, Paragraph 10 with the understanding that delay in the provision of these materials
beyond thirty (30) days after authorization to proceed shall constitute a basis for the justifiable
celay in Iron Mountain's performance of this Agreement.
B. Compensation.
All billings submitted by Iron Mountain shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable is proper,
and shall specifically contain tbe City's account number indicated on Exhibit A, Paragraph 18
(C) to be charged upon making such payment.
3. Administration of Contract.
Each party designates ll:te individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as that party's contract administrator who is authorized by the party to represent
them in :he routine administration oft'1is Agreement.
4. Term.
This Agreement shall terminate when the parties have complied with all executory
provisions contained in this Agreement.
S. Financiallnterests of Iron Mountain.
lIon Mountain is not designated as an FPPC Filer. Nevertheless, Iron Mountain agrees it
shall not make, or participate in making or in any way attempt to use Iron Mountain's position to
int1uence a governmental decision in which Iron Mountain knows or has reason to know Iron
Mountain has a financial ir:terest other than tile compensation promised by this Agreement.
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6. Hold Harmless.
Iron Mountain shall defend, indemnify, protect and hold hannless the City, its elected
and appointed officers and employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) arising oui of or alleged by d1ird
parties to be the result of the negligent acts, errors or omissions or dle willful misconduct of the
Iron Mountain, and Iron Mountain's employees, subcontractors or other persons, agencies or
firms for whom Iron Mountain is legally responsible in connection with the execution of the
work covered by this Agreement, except only for those claims, damages, liability, costs and
expenses (including without Iimi1ations, attorneys fees) arising from the sole negligence or sole
willful misconduct of the City, its officers and employees. Also covered is liability arising B:om,
connected with, caused by or claimed to be caused by the active or passive negligent acts or
omissions of the City, its agents, officers, or employees which may be in combination with the
active or passive negligent acts or omissions of the Iron Mountain, its employees, agents or
officers, or any third party.
Iron Mountain's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its ofticers, agents or employees in defending against such
claims, whether the same proceed to judgment or not. Iron Mountain's obligations under this
Section shall not be limited by any prior or subsequent declaration by the Iron Mountain. Iron
Mountain's obligations under this Section shall survive the termination of this Agreement.
The foregoing indemnification shall not affect or limit the limitation on Iron Mountain's
liability in the event of loss or destruction of, or damage to, Stored Materials as set forth in this
Agreement.
7. Termination of Agreement for Cause.
If, through any cause, Iron Mountain fails to fulfill in a timely and proper manner Iron
Mountain's obligations under this Agreement, or if Iron Mountain violates any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this
Agreement by giving written notice to Iron Mountain of such termination and specifying the
effective date of the termination at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents and other materials prepared by
Iron Mountain shall, at the option of the City, become the property of the City, and Iron
Mountain shall be entitled to receive just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective date of Notice of
Termination, not to exceed the amounts payable pursuant to this Agreement, and less any
damages caused Clty by Iron Mountain's breach.
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2-10
8. EITors a.'1d Omissions.
In the event that the City Administrator determines that the Iron Mountains' negligence,
errors, or omissions in the performance of work under this Agreeme)'lt has resulted in expense to
City greater than would have resulted if there were no such negligetice, errors, omissions, Iron
Mountain shaH reimburse City for any additional expenses incurred by the City. Nothing in this
Agreement is intended to limit City's rights under other provisions of this Agreement.
9. Telmination of Agreement for Convenience of City.
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Iron Mountain of such termination and specifying the effective date of the
termination, at least thirty (30) days before the effective date of such termination. In that event,
all finished and unfinished documents and other materials described in this Agreement shall, at
the option of the City, become City's sole and exclusive property. If the Agreement is terminated
by City as provided in this paragraph, Iron Mountain shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other
materials to the effective date of such tel111ination. Iron Mountain expressly waives any and al!
claims for damages or compensation arising under this Agreement except as set forth in this
Agreement.
10. Assignability.
The services ofIron Mountain are personal to the City, and Iron Mountain shal! not
assign any interest in this Agreement, and shal! not transfer any interest in this Agreement
(whether by assignment or novation), without prior written consent of City.
11, Independent Contractor.
City is interested only in the results obtained and Iron Mountain shall perfoffi1 as an
independent contractor wit.l, sole control of the manner and means of performing the services
required under this Agreement. Cir-j maintains the right only to reject or accept Iron Mountain's
work products. Iron Mountain and any of the Iron Mountain's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and shall
not be deemed to be an employee of City, and none of them shall be entitled to any benefits to
which City employees are entitled including but not limited to, overtime, retirement benefits,
worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not
withhold state or federal income tax, social security tax or any other payroll tax, and Iron
Mountain shall be solely responsible for the payment of same and shall hold the City harmless
with regard thereto.
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12. Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this Agreement, against the City
unless a claim has first been presented in writing and filed with the Gity and acted upon by the
City in accordance with the procedures set forth In Chapter 1.34 of the Chula Vista Municipal
Code, as it may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth in this Agreement, and such policies and procedures used by the
City in the implementation of same.
Upon request by City, Iron Mountain shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
13. Attorney's Fees.
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shan be entitled to a judgment against the other for an amount equal to
reasonab Ie attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
14. Statement of Costs.
In the event that Iron Mountain prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Iron Mountain shall
include, or cause the inclusion of, in said report or document, a statement of the numbers and
cost in dollar amounts of all contracts "and subcontracts relating to the preparation of the report or
document.
15. Miscellaneous.
A. Iron Mountain Not AuthOlized to Represent City.
Unless specifically authorized in writing by City, Iron Mountain shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified in this Agreement as the places of business for each of the
designated parties.
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C. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated in
this Agreement, embody the entire Agreement and understanding be,tween the parties relating to
the subject matter of the Agreement. Neither this Agreement nor an;,' provision of this
Agreement may be amended, modified, waived or discharged except by an instrument ill writing
executed by the party against which enforcement of such amendment, wai ver or discharge is
sought.
D. Capacity of Parties.
Each signatory and party to the Agreement warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this Agreement,
a..,d that all resolutions or other actions have been taken so as to enahle it to enter into this
Agreement.
E. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the
State ofCaJifornia. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of Cali fomi a, and ifapplicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance under tl1is Agreement, shall be the City ofChula Vista.
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SIGNATURE PAGE
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
IRON MOUNTAIN INFORMATION MAl'lAGEMENT SYSTEM
FOR
RECORDS STORAGE AND MANAGEIVIENT SERVICES
IN WITNESS WHEREOF, City and Iron Mow1tain have executed this Agreement
thereby indicating that they have read and understand this Agreement, and indicate their full and
complete consent to its terms:
Dated:
,200_
City ofChula Vista
Attest:
By:
Stephen Padilla, Mayor
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
,200_
[Nam.e o.fIr on Mou.ntai.n~f-.
: ill /
v'(- /:fJ'//b'1I~/( , .
B".I~~A ,
name of pers6n, title] _ /, _ I.
/j;,~([(- vfctE-hEcf:;';t:JPVF fJj;' /tJ,6'
Bv'
"
[name of person, title]
Exhibit List to Agreement
() Exhibit A.
2-14,
Page 10
EXHlBlT A
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
A...ND
IRON MOUNTAIN Il'<'"FOR'VIATION MA..."iAGEMENT SYSTEM
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency of the City ofChula Vista, a political subdivision of the
State of California
( ) Industri.al Development Authority ofthe City of Chula Vista, a
()
Other:
form]
, a [insert business
("City")
3. Place of Business for City:
City of Chula Vista
276 F aurtb A venue
Chula Vista, CA 91910
Tel: (619) 691-5041
4. Iron Mountain:
5. Business Form ofIron Mountain:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place afBusiness, Telephone and Fax Number ofIron Mountain:
6935 Flanders Drive
San Diego, California 92121
Vaice Phone (858) 404-1607
Fax Phone (858) 455-7125
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2-15
7. General Duties:
Iron MOlmtain will provide removal, storage, shredding and retrieval services tor City
documents prepared in the normal course of business and retained p\lrsuant to the Public Records
Act (Government Code section 6250, et seq.) and other applicable laws.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Iron Mountain Duties:
(1) Iron Mountain agrees that it will retrieve all Stored Matelia! from City's
current storage provider's facilities at no cost to City. Iron Mountain will replace damaged boxes
of any matelial remeved from the City's current provider. City win reimburse Iron Mountain tor
the actual costs of replacement boxes at the Rate set forth in Schedule A.
(2) SERVICES TO BE PROVIDED BY IRON MOUNTAIN.
a. Pick-up and Delivery of Stored Material;
b. Provides Barcodes, Pick-up and Delivery service and shelving of
containers;
c. Safe and secure storage for City records at Iron Mountain's
facilities;
l. From and at1er the date of this Agreement for a period
of five years, unless modified or terminated, Iron
Mountain shall store and service City's records
identified on the attached Schedules ("Stored
Material"). City and Iron Mountain may modify or add
to the record materials included in the Schedule of
Stored Materials by written agreement. Such additional
materials shall, unless otherwise indicated in writing,
be deemed to be held under the same terms and
conditions as the Stored Materials.
11. Stored Matelial and information contained in Stored
Matelial shall be delivered only to City's Authorized
Representative(s) identified on the signature card. City
represents that the Autholized Representative(s)
has/have full authority to order any service for or
removal of the Stored Material and to deliver and
receive such materials. Such order may be given by fax
or e-mail.
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2-16
1Il. When Stored Materials are ordered out, Iron Mountain
shall be given a reasonable time to carry out the
instructions of the City, and if it is unable to do so (or
to provide other services c?ntemplated by this
Agreement) because of act~ of God or public enemy,
seizure or legal process, natural disasters, stl;kes,
lockouts, riots and civil commotions, or other reasons
beyond Iron Mountain's control or because of loss or
destruction of goods for which Iron Mountain is not
liable, or because of any other excuse provided by law,
Iron Mountain shall not be liable for failure to carry out
such instructions or services.
iv. Authorized representatives of City shall have the right,
at reasonable times and upon reasonable notice, to
examine the media andlor records and compilations 0 f
Iron Mountain, which pertain to the performance of the
provisions of the Agreement.
v. Iron Mountain agrees it will replace or restore damaged
cartons at no cost.
d. Retrieval of records upon the City's request with retrieval delivery
to City's offices next business day;
e. Upon request, expedited retrieval delivery to the designated City
office. A Rush Service Fee will be charged for this service. See
Schedule A.
1. City will provide Iron Mountain with written requests
for Rush orders by fax or emai!. The wri tten
notification will indicate the date and time of the Rush
request. IfJron Mountain fails to deliver the Stored
Material in the time frame set forth in Schedule A, any
applicable Rush fees will be waived.
f. Additional bar codes for future containers and a printout of
containers in storage upon request;
g. Upon advance notice, an onsite viewing room at Iron Mountain's
facility where access to copiers and fax will be provided; and,
h. Certified confidential destruction services, upon receiving written
authorization tom City.
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2-17
I. In the event that Stored Materials are inadvertently removed Ii.om
boxes, either due to damage to the boxes or spillage and/or mixed
with materials belonging to another Agency or business, Iron
Mountain will notify City and the other. party so that the City may
be present when Stored Materials are reviewed and repacked to
prevent disclosure of any confidential information to third parties.
(3) DESTRUCTION OF RECORDS.
Iron Mountain may destroy Stored MateliaJ upon written instruction from the
City or its Authorized Representative. Destruction of Stored Materials shall be at the City's cost
and expense. The City releases lron Mountain from any and al I liability by reason of the
destruction of such Stored Material pursuant to such authority.
Iron Mountain understands and agrees that Stored Materials are public records
pursuant to the California Public Records Act. As such, the Stored Materials may be required to
be produced pursuant to a public records request or a civil or criminal subpoena. Should Stored
Material be lost or destroyed due to the conduct or actions of Iron Mountain, whether purposeful,
negligent or willful, Iron Mountain agrees to:
a. Reimburse City for any costs related to recreating, to the extent
possible, the records. Such costs include, but are not limited to,
reconstruction or reproducing lost or destroyed records.
b. Provide a declaration, signed under penalty of perjury, indicating
that the loss of subpoenaed records occurred while the Stored
Material was in the custody and control of Iron Mountain.
c. Be available to testify as to the authenticity and accuracy of the
declaration prepared pursuant to section 3, if required by a court of
competent jurisdiction.
Limitation of Liability (Shredding Services). Iron Mountain shall be responsible
or liable for the release or loss of any materials deposited in bins or otherwise delivered to it for
shredding if the release or loss is due to Iron Mountain's negligence or willful misconduct.
Destruction of Deposits. City releases Iron Mountain from all liability that may
arise by reason of the destruction of Stored Materials when the destruction is performed pursuant
to the City's written direction. Except for those Deposits that City specifically identifies in
writing as not containing consumer information (as defined in 16 CFR S 682.1) or personal data,
all other Stored Material will be destroyed by shredding, except for media that may be destroyed
by pulverizing or incineration. Each such destruction shall be at the rates set forth in Schedule A.
Page 14
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(4) RESTRICTIONS ON STORED MATERIAL; CUSTOMER PREMISES. .
City shall not store with Iron Mountain nor deliver to Iron Mountain for secure
shredding any material that is highly flammable, explosive, toxic, ra\lioactive, medical waste,
organic material which may attract vermin or insects1 or other.vise dangerous or unsafe to store
or handle, or any material which is regulated under any federal or state law or regulation relating
to the environment or hazardous materials. City shall not store negotiable instruments, jewelry,
check stock or other items that have intrinsic value. All City's premises where Iron Mountain's
employees perforn1 services or make deliveries hereunder shall be free of hazardous substances
and any other hazardous or dangerous conditions.
(5) SIGNATURE CARD.
Iron Mountain shall provide City with a signature card to be signed by all persons
authorized to access City's records. Only those persons named on the signature card will be
authorized to access City's records. It is City's sole responsibility to have the signature card
signed by all authorized persons and returned to Iron Mountain. It is City's sole responsibility to
notify Iron Mountain, in wTiting, of any changes to the list of persons authorized to access City's
records.
(6) GOYERt'lMENTAL ORDERS.
Iron Mountain is authorized to comply with any subpoena or similar order related
to the Stored Materials provided that Iron Mountain notifies City promptly upon receipt of any
subpoena or order, unless such notice is prohibited by law. City shall pay Iron Mountain's
applicable charges set forth in a Schedule(s) for such compliance. Iron Mountain will cooperate
with Cit';'s efforts to quash or limit any subpoena, at City's expense.
B. Date for Commencement oflron Mountain Services:
(X) Same as Effective Date of Agreement
() Other:
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurarce
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
10. Materials Required to be Supplied by City to Iron Mountain:
None. Boxes are to be stored as required.
Page] 5
2-19
11. Compensation:
A. (X) Hourly Rate Arrangement:
For performance of the Defined Services by Iron Mountain required by this Agreement,
City shan pay Iron Mountain for the productive hours of time spent by Iron Mountain in the
performance of the Defined Services, at the rates or amounts set forth in the Rate Schedule
attached as Exhibit B. Prices shall be firm for five years from the effective date of the
Agreement. Subsequent price increases shall be hy mutual consent of the parties.
12. Bill Processing:
A. Iron Mountain's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarter! y
( ) Other:
B. Day of the Period for suhmission of Iron Mountain's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Numher:
13. Contract Administrators:
City: Susan Bigelow, City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Tel: (619) 691-5041
Iron Mountain: Don Sonck
Iron Mountain Information Management, Inc.
6935 Flanders Drive
San Diego, CA 92121
Tel: (858) 404-1600
Exhibit A
Page I 6
2-20
Schedule A for Secure Shredding
This Schedule A is made part of the Customer Agreement ("Agreement") Iron Mountain Infonnation
Management, Inc. (Iron Mountain) and City ofChuJa Vista (City).
Ejfective Dale
Customer Name
Customer Number
City of Chula Vista
526]6
SECURE SHREDDING
Secure Shredding Initial Setup
The initial delivery and placement of secure shredding containers at a
Customer's site.
Description
Initial Setup - No Charge
Price Per
OD-Site Shredding
Pricing is based on a per container" per transaction service.
All confident;al material is picked up fi'om your location in locked
containers and shredded in our mobile secure shredding unit.
Shredding Schedule
Ever; 4 weeks
Description
Qty Price Per
12 $21.16 console
$25.00 additional servlC::: fee
per unscheduled
transportation visit
$75.00 shredding seIV'ice
Security Consoles
Unscheduled Transportation Vlsits
Shredding S~rvice Minimum
Off-Site Shredding
Pricing is based on a per container per transaction service.
AJJ confidential materia] is picked up from your location in locked
containers and transported in secure trucks to our shredding plant.
Shredding Sched "Ie
Every 4 weeks
Page 17
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Description
Qty
Price Per
Security Consoles
Unscheduled Transportation Visits
12
$21.16
$25.00 additional service fee
per unscheduled
transportation Ylsit
$75.00 shredding service
Shredding Service Minimum
Secure Shredding Miscellaneous Ser'lices
Description
Labor
Shredding Service Minimum
Price Per'
$45.00 hour
575,00 shredding service
Transportation 'lis its include one Iron Mountain employee. Additional
employees are charged per labor hour.
Sef'/ices during nom1a! business hours, Monday through Friday 8:00 AM
to 5:00 PM, excluding holidays.
Unless specified in this Agreement, shredding pricing is for paper
shredding sef'/ices only. Shredding of other media types will be quoted
on a per project basis.
Schedule A for Records Management Services
This Schedule A is made part ofthis Agreement ("Agreement") between Iron Mountain Information
Management, Inc. ("Iron Mountain") and City ofChula Vista ("City").
Effective Date
District Name/Number
Customer Name
Customer Number
STORAGE
San Diego
City of Chu!a Vista.
SZ6l6
Secure space for the storage of deposits.
Description
Carton Storage
Price Per
$0.137 cubic foot
Storage Minimum
$75.00 month
Storage charges wil1 be billed monthly in ad'lance.
Page 18
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MANAGEMENT SERVICES
Services during normal business hours, Mpnday through Friday 8:00 AM
to 5:00 PM, excluding holidays.
New deposits (receiving and entry) - The receipt ofadditional
Customer deposits resulting in an increase to the City storage balance.
Descriptioll
Cartan
Price Per
$LOO cubic fooe
Retrievals/Refiles - The temporary reDieval of deposits from, or return
to, storage (Rush applies to retrievals only).
Descrip tion Price Per
Standard Carton $2.66 cubic foot
Standard File from Carton $3.89 file
Rush Carton $4.32 cubic foot
Rush File from Carton $5.98 tile
Destruction - The preparation, documentation. and physical destruction
of deposits that are stored at Iron Mountain.
Description
Destruction by Shredding
Destruc:ion by Recycling
Price
Per
$3.11
$3.] 1
cubic foot pillS retrieval
cubic foot plus retrieval
Permanent Wilhdrawal- Tbe preparation, documentation, and
pemlanent withdrawal of deposits that are stored at fran Mountain.
Description
Pennanent Withdrawal
Price Per
54.39 cubic foot plus retrieval
Waive fee [fCity stays with Iron MOLmtain for tr..ree years or more.
Individual List - Data entry of file descriptions.
Description
Individual List
Price Per
$.30 file
Miscellaneous Services
Description
Service Minimum
Price Per
$5.00 hour
All other services, not specifically listed, will be cbarged at Iron
Mountain'5 then current rates.
Page 19
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TRANSPORTATION
Delivery
Next Day
$10.20 per transportation visit, $1.27 per [cubic foot].
Call by 3:00 PM for delivery next day by 5:00 PM
Half Day
$20AOper transportation visit, $ 1.27 per [cubic foot]
Call by 10:00 AM for delivery same day by 5:00 PM. Call by
3:00 PM for delivery next day by 12:00 PM.
Emergency Visit (Rush)
$40.80 per transportation visit, $1.27per [cubic foot]
Delivery witilin 3 hours of request.
After HourslWeekellds/Holidays
$81.60per transportation visit, 1.27 per [cubic foot]
Delivery within 4 hours of request.
Pickup
Pickup/Oil Demand
$10.20 per transportation visit, $1.27per [cubic foot]
On Demand Pickup must be scheduled within 48 hours of
request.
COMPUTER AND REpORTING CHARGES
Included in the City's storage rate 8l'e the Monthly Supplemental Reports.
All other reports (including special sorting and special file listings) are
subject to the computer listing charge andlor initial setup, reporting, or
down load fees, quoted by job scope.
Page 20
2-24
INITIAL TRANSFERlRECElVING AND ENTRY
(ONE TIME CHARGE)
initial Transfer/Receiving and Entry"""':The pickup, transport and
receipt of City deposits establishing the initial storage balance. Initial
transfer/receiving and entry costs apply to the estimated initial volume
indicated below, transferred within (3) months of program
implemenration.
Description
Carton Transfer ~ No Charge
Initial
VoJume
Price Per
1-8000 boxes
cubic root
Individual List-Initial data entry of liie descriptions:
Description
Individual List
Initial
Volume
Price Per
$.30 tile
Labor-Initial Jabor to replace damaged cartons or tiles.
Description
Labor
Initial
Volume
Price Per
$45.00 hour
Supplies/Cartons-Initial new supplies
Description
#2000 LetterlLegal
lnitial
Volume
Price Per
$2.10 each
Schedule A for Records Management Services
Tbis Schedule A is made part oft"e Customer Agreement ("Agreement") between Iron Mountain
Information Management, Inc. ("Iron Mountain") and City ofChuia Vista ("City").
E/fective Date
District lVamelNumber
Customer Name
Customer Number
San Diego
City of Chula Vista.
SV334
Page 21
2-25
V AUt T STORAGE
Climate Control Secure space for the storage of vital deposits.
Description
Carton Storage
Price Per
$1.00 cubic foot
Storage MinimLlm
$85.00 month
Storage charges will be billed monthly in advance.
MANAGEMENT SERVICES
Services during nOlmal business hours, Monday through Friday 8:00 AM
to 5:00 PM, excluding holidays.
New deposits (receiving and entry) - The receipt of additional City
deposits resulting in an increase to the City storage balance.
Description
Carton
Price Per
$1.00 cubic foot
RetrievalslRefiles - The temporary retrieval of deposits from, or retum
to, storage (Rush applies to retrievals only).
Description Price Per
Standard Canon $2.66 cubic foot
Standard Fl]C from Carton $3.89 file
Rush Carton $4.32 cubic foot
Rush File from Canon $5.98 file
Destruction - The preparation, documentation, and physical destruction
of deposits that are stored at Iron Mountain.
Description
Destruction by Shredding
Destruction by Recycling
Price
Per
$3.11
$3.11
cubic foot plus retrieval
cubic foot plus retrieval
Permanent Withdrawal - The preparation, documentation, and
permanent withdrawal of deposits that are stored at Iron Mountain.
Description
Permanent Withdrawal
Price Per
$4.39 cubic foot plus retrieval
Page 22
2-26
Individual List - Data entry of file descriptions.
Description
Individual List
Price Per
$.JO file
Miscellaneous Services
Description
Labor
Service Minimum
Price Per
$45.00 hOllr
$5.00 hour
Ail other services, not speciticaily listed, wiil be charged at Iron
Mountain's tilen current rates.
TRANSPORT A TlON
Delivery
Next Day
$10.20 per transportation visit, $1.27 per [cubic foot].
Call by 3:00 PM for delivery next day by 5:00 PM
Half Day
$20AOper transportation visit, $1.27 per [cubic foot]
Can by 10:00 AM fOl" delivery same day by 5:00 PM. Cail by
3:00 PM fOl" delivery next day by 12:00 PM.
Emergency Visit (Rush)
$40.80 pertranspol"tation visit, $1.27per [cubic foot]
Delivery within 3 hours of request.
After HOllrslWeekendslHoUdays
$8 I .60per transportation visit, 1.27 per [cubic foot]
Delivery within 4 hours of request.
Picku p
Pickup/On Demand
$10.20 per transportation visit, $l.27per [cubic foot]
On Demand Pickup must be scheduled within 48 hours of
request.
COMPUTER AND REpORTING CHARGES
Included in the City's storage rate are the Monthly Supplemental Reports.
All other reports (including special sorting and special file listings) are
subject to the computer listing charge and/or initial setup, reporting, or
download fees, quoted by job scope.
Page 23
2-27
bllTlAL TRANSFER/RECEIVING AND ENTRY
(ONE TIME CHARGE)
Initial Transfer/Receiving and Entry--'The pickup, transport and
receipt ofCLlstomer deposits establishing the initial storage balance.
Initial transfer/receiving and entry costs apply to the estimated initial
volume indicated below, transferred within (3) months of program
implementation.
Description
Carton Transfer - No Charge
Initial
Volume
Price Per
1-8000 boxes
cubic foot
Individual List-Initial data entry of file descriptions:
Description
Individual List
Initial
Volume
Price Per
$.30 51e
Labor-Initial labor to prepare canons or tiles for transfer to storage.
Supplies/Cartons-Initial new supplies
Description
#2000 Letter/Legal
Initial
Volume
Price Per
$2.10 each
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