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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-028Temp, Reso. #8101 1 12/30/97 Revision #1—1/20/98 Revision #2—1/26/98 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- a'g F A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND AWARD BID 98-02B ENTITLED RECORD STORAGE SERVICES TO IRON MOUNTAIN RECORDS MANAGEMENT COMPANY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac publicly advertised Bid 98-02B for Record Storage Services on November 16, 1997 and November 23, 1997; and WHEREAS, on December 3, 1997, six (6) bids were opened and reviewed to determine cost and responsiveness to the City's technical specifications (attached hereto as Exhibit "A"); and WHEREAS, responsive bids were submitted by Iron Mountain Records Management Company, Secure Data Storage, Sterling Records and US Commercial Warehouse; and WHEREAS, the bids of Data Storage Center and Durham Records Service were non -responsive as they are located more than 10 miles from City Hall (12.7 and 12 miles, respectively) and did not meet the Technical Specifications (Technical Specifications are attached hereto as Exhibit "B") in the bid documents; and Temp. Reso. #8101 2 12/30/97 Revision #1—1/20/98 Revision #2—1/26/98 WHEREAS, after a comparison of the remaining bids, it was determined that it would be in the City's best interest that Bid 98-02B be awarded to Iron Mountain Records Management Company (located 8 miles from City Hall); and WHEREAS, the Acting City Clerk and the Purchasing and Contracts Manager recommend approval; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interests of the citizens and residents of the City of Tamarac that Bid 98-02B for Record Storage Services be awarded to Iron Mountain Records Management Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the award of Bid 98-02B to Iron Mountain Records Management Company for the City's Record Storage Services is HEREBY authorized and shall be for a term of two (2) years (Attached hereto as Exhibit "C"). SECTION 3: That the appropriate City officials are hereby authorized to execute an agreement with Iron Mountain Records Management Company, a copy of said Agreement being attached as "Exhibit D". 1 Temp. Reso. #8101 3 12/30/97 Revision #1—1/20/98 Revision #2 — 1/26/98 SECTION 4: That funding for the City's record storage services was approved during the FY 98 budget process under the appropriate City Clerk account. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. a 1 1 1 Temp. Reso. #8101 4 12/30/97 Revision #1 - 1/20/98 Revision #2 -- 1/26/98 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA MARCURIO, CMC ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4c-- MITCHELL S. KRA CITY ATTORNEY day of ICaUtA4� , 1998. )V�� Z:� -1 OE SCHREIBER MAYOR =_ - RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: WM MISHKIN DIST 3: COMM. SUL.TANOF DIST 4: COMM. ROBERTS Exhibit D Page 1 of STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR 11th February THIS AGREEMENT made this -e3day of, 1998, by and between the CITY OF TAMARAC (hereinafter called CITY) and _Iron Mountain Records Management Company (hereinafter called the CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: The undersigned CONTRACTOR hereby represents that he has carefully examined the Bid Specifications and all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. The CONTRACTOR agrees to comply with the requirements of the specifications contained in the Invitation to Bid. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that he/she has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses and is the total compensation required to be paid by the CITY for the satisfactory completion of the contract requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT/S Invitation to Bid, Instructions to Bidders, General Terms and Conditions, Insurance Requirements, Special Conditions Specifications Bid Form Bid Signature Form PAGE NUMBER/S 12 thru 9 10 thru 13 14 Exhibit D Page 2 of 4 Statement of No Bid 15 Variations 16 Non -Collusive Affidavit 17 thru 18 Certification 19 Bidder's Qualification Statement 20 References 21 Drug Free Workplace Certification 22 Addenda numbers N/A to , inclusive, and Any Modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date entered above and expire one year from that date. CITY shall notify CONTRACTOR within 30 days of the expiration date of its intent to extend the contract. 5. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be give by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CIT"tic Y \ '� Part who entered into Agreement) (Party 9 ) City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. CONTRACTOR F (Name of Contractor) (Title of named above) 1 (Name of Company) hut A6W w (Address) 15C dZA J(i y7 AUL ,:- i LAja-'-Lo'�LLt )=L 331 `f 6. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. Exhibit D Page 3 of 4 7. The CITY and the CONTRACTOR each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 8. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: Assistant City Clerk Patricia Marcurio, CMC Appro d to Fo City Attorney Mitchell s. tt WITNESS: CITY OF TAMA C, FLORIDA By: e Schreiber, Mayor Robert S. Noe, Jr., C' y Manager CONTRAC O By: % YL Name ,_. (Print or Type and Title) Exhibit D Page 4 of 11 • CORPORATE ACKNOWLEDGEMENT STATE OF T 2� 1� COUNTY OF The foregoing instrument was acknowledged before me this / �' day of 1998 by IP10,2C 11 f&n L: (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a �� (�wr� (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me Q.rs-- 4-5 (type of identification) as identification and did (did not) take an oath. S ggnat a of Notary Pubfic — State of Florida AAP&e ELIZABETH H. MNb�Aw;A ;?A ; COMMISSION # CC j i$2$7 to, c EXPIRRQ AI Ir1 �ti loan Print, Type or St �rpg� , l' 20 o., INC. Public �o A ��OR10P p City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac. Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Stanley-D. Hawthorne - Director of Finance INVITATION TO BID BID NO. 98-02B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, _ Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until December 03 1997 at 2:00 .m., at which time bids will be publicly opened and announced in the City of Tamarac City Hall Conference Room . No. One for: RECORD STORAGE SERVICES All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. One original and two copies (2) of the bid shall be submitted on an official bid form furnished with the bid package and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked "Bid No. 98-0213RECORD STORAGE SERVICES, opening December 03, 1997 at 2:00„P.m. " on the outside of the envelope. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For inquiries, contact the Purchasing Office at (954) 724-2450. ;4- Lynda S. Flurry, CPPO Purchasing and Contracts Manager Publish Sun Sentinel: Sunday11/16/97 & Sunday11/23/97 • INSTRUCTIONS TO BIDDERS BID NO. 98-02B RECORD STORAGE SERVICES It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality conceming the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective bidders. 1. SUBMISSION OF THE BID: The Bidder is directed to deliver sealed bids to the City's Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, ON: December, 03. 1997, no later than 2:00 PM. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the City Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified the Bidder must use the bid form furnished in the bid packet. Bidders are required to state exactly what they intend to furnish to the City via this Solicitation and must indicate any variances to the terms, conditions and specifications of this bid, no matter how slight. If variations are not stated in the bid, it shall be construed that the Bidder's bid fully complies with all conditions identified in this bid. The Bidder shall submit one (1) ORIGINAL and two (2) copies of the bid. The ORIGINAL bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All quotations must be typewritten or filled in with pen and ink. Bids having erasures or corrections must be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for sixty days from the date of the bid opening unless otherwise stated by the City. 2 • 1�1 1. BONDING: Not applicable for this bid. 2. WITHDRAWAL OF BID: Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the City Purchasing Office. 3. PUBLIC ENTITY CRIMES FORM: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4. NON -COLLUSIVE AFFIDAVIT: Each Offeror shall complete the Non -Collusive Form and shall submit the form with the Proposal. CITY considers the failure of the Offeror to submit this document to be a major irregularity and may be cause for rejection of the Proposal. S. QUANTITIES: Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 6. PRICES, PAYMENTS AND DISCOUNTS: Bid prices shall be fixed and firm to the extent required under Special Conditions. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 7. DELIVERY: All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery cost and charges must be included in the bid price. All exceptions shall be noted. Failure to do so may be cause for rejection of the bid. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid, 3 • • • 8. BRAND NAMES: Manufacturers' name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requiremer"": of quality, performance and design. APPROVED EQUAL is added to the specificatic; s to avoid ruling out qualified competition. Where equal is bid, the Bidder must submit brochures, specifications in detail and/or samples. The City shall be the sole judge of equality. 9.7 SAMPLES AND DEMONSTRATIONS: When requested samples are to be furnished free of charge to the City. of a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done_ at the expense of -the Bidder. 10. CONDITIONS OF MATERIALS: All materials and -products supplied by the B-idderin conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 11. COPYRIGHTS OR PATENT RIGHTS: The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 12. SAFETY STANDARDS: The Bidder warrants that the product(s) supplied to the City conforms with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards if applicable. 13. PERFORMANCE: Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid shall be just cause for the cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 14. DEFAULT: In the event that the Bidder defaults on the contract or the contract is terminated for cause due to performance, the City reserves the right to obtain the materials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. 4 15. TERMINATION FOR CONVENIENCE OF CITY: Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination' for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub -contractors and purctiase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub- contracts except as they may be necessary, and complete any continued portions of the work. 16: ASSIGNMENT: The Bidder shall not transfer or assign the performance required by - this bid without the prior written consent -of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 17. EMPLOYEES: Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 18. TAXES: The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 19. BID PREPARATION EXPENSE: The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 20. SITE INSPECTION: It shall be the responsibility of the Bidder to inspect the site before submission of bids. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of this contract will be accepted as the basis for varying the requirements of the City or the compensation to the Bidder. 21. OMISSION OF DETAILS: Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 5 • • 22. INSURANCE REQUIREMENTS: Bidder agrees that he or she will, in the performance of work and services under this Agreement, comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers Compensation Insurance, Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required by law. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. Bidder shall maintain in full force and effect during the life of the contract, Workers' Compensation insurance covering all employees in performance of work under the contract. Bidder shall make this same requirement of any of its subcontractors. Bidder shall indemnify and save the City harmless from any damage resulting to them for failure of either Bidder or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Bidder agrees to maintain during the term of this contract: GENERAL LIABILITY PER OCCURRENCE Comprehensive $1,000,000 Premises -Operations Contractual Liability Personal Injury Explosion and Collapse Underground Hazard Products/Completed Operations Broad Form Property Damage Independent Contractors Cross Liability and Severability of Interest Clause AUTOMOBILE LIABILITY PER PERSON Comprehensive $500,000 Owned Hired Non -Owned WORKERS' COMPENSATION STATUTORY AMOUNT AGGREGATE $2, 000, 000 PER OCCURRENCE $1,000,000 Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied owner with evidence of such coverage in the form of a Certificate of Insurance and endorsement. Such certificates shall be approved by the City. ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's Key Rating Guide; be licensed to do business in Florida. All policies provided shall be Occurrence not Claims Made forms. The Bidder's insurance policies shall be endorsed to add the City of Tamarac as an Additional Insured. The Bidder shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the City by certified mail. 23. INDEMNIFICATION: The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss 10 of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 24. CLARIFICATION TO TERMS AND CONDITIONS: Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Technical Specifications outlined in this bid, the Special Conditions and/or the Technical specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac Purchasing and Contract Manager. The City shall not be responsible for oral interpretations given by any City employee or it's representative. 25. BID TABULATION: Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a stamped, self-addressed envelope with their bid, or by requesting 0 a tabulation be sent to their fax machine. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 7 0 SPECIAL CONDITIONS 1. ASSIGNMENT OF CONTRACT: Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal -through the Contractor only. However, if the company is sold during the life of the contact, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated -in the contract. 2. CONTRACTOR'S RESPONSIBILITY: Contractor shall provide sufficient manpower so as to perform work safely and expeditiously. 3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY: Extreme care shall be taken to safeguard all City property. Any damage shall be the responsibility of the contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. In the event of damage to public property, the contractor shall immediately contact the City Clerk's Office by telephone r 954) 724-1200 and inform the appropriate staff member about the extent of the damages. 4. PAYMENT: Payment will be made after project has been completed, accepted, and properly invoiced. Invoices must bear the project name, bid number and purchase order number. The City has up to thirty (30) days to review, approve and pay all invoices after receipt. _ S. CONTRACT DOCUMENTS: The contract documents shall consist of the Bid Proposal executed and submitted by the contractor, specifications, any addendum's or change orders, insurance certificate, and the City resolution awarding the bid. fi. CHANGE ORDERS: Without invalidating the contract, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the character or quality of the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The contractor shall not start work on any such alteration that requires an increase to either the contract price or contract time until a change order setting forth the adjustments is approved by the City, and executed by the City and contractor. Once the change order is so approved, the contractor shall promptly proceed with the work. In the event satisfactory adjustment cannot be reached by the City and the contractor for any item requiring a change in the contract price or contract time, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems E:3 I* - necessary to complete the work. The value of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. 9 0 • • TECHNICAL SPECIFICATIONS RECORDS STORAGE SERVICES (BID NUMBER 98-028) A. The records storage facility must be located within a 10 miles radius of the City of Tamarac City Hall. B. The facility must meet all State Guidelines as to structure, fire prevention system, humidity and temperature control (see State of Florida Public Records Storage Guidelines Exhibit "A" attached) C. The facility must be available for inspection by City representatives as determined necessary in order to verify that records are being kept under the proper conditions. D. Same day regular retrieval is required. Boxes shall be available the same day within 3 hours of request, as long as the request is no later than 2:00 p.m. This applies to normal business hours/days. E. Stored boxes shall not be moved without the City of Tamarac authorization. Doing so will be considered a breach of contract and the retrieval of all records will be done at no cost to the City. F. The Contractor will allow other governmental agencies and organizations to utilize this contract. G. The initial agreement shall be for two years. The City of Tamarac reserves the right to renew the agreement for two additional two-year periods at the City's option. H. Contractor must provide the City of Tamarac with a Certificate of Destruction after boxes are destroyed. 10 m W U 7 W U) W m rn O1-0 Nm N O U W w a m E SRS 28- o on 8 8 8 8 8 8 g SS a U N 7 4 z C � N N N S 9 p 8 O { Y r a Y1 O S � �dh O .m. N ,,o�aaff tl ry S p m N — N N O NQppp E ppppp a G S pp V `�+ S O �p O G y ^y n p W x fmA ] 8 g r zmi z a ui WW`W N n d = a W z^ w an C N`"� CiN N O Ury NS �'� gj =N UU ^g pdp yy m C6 20 u 2� m cc 4 a U �l 7 C o N Q 4 N W O Q of NU W Q s O « 8 _ 00 a s Im uN U UN o ri u ' UU b A O i z a O zi E w C C _ N a9 0 Z a � _7v- Exhibit A Page 1 of 2 TF-4 "So J* %t a I C. c u5 O 00 t Y to N V O N oem m N M N ON G O C 0 U) CL 0 N ty C a m a x T. v O C m A 12 E C 'a a mt m O na N a a U m C O m a L7 t a a b c u a u o r w O .+ m u �5Q4( u 4 2 'a ei N m1 0" O r� 0 0 'n 2 Q'va uv w m O mE a U Q 0 N U) w U � � w ■ m IGo Go $ ka 0 � 0 Q w It 0 _ k) ] ! a a | K E §� _ . ! � � � - 2 � � �§ @■ m m q# m 2 - § C4 ; k� � � q k� ■ � ; ■ ) f_- ' E - ±■ § , { u ) ■ ;| @ m @ ■ 9 q § )■ - - I - . � o ) @di ! | §) § - !- j o. z )� k ) � � I ) ) � § \__ k - \ \\ ! \ - ƒ . ` ] ] ! - - / \ \ - CD \ Exhibit A Page 2 of Exhibit B Page �I of 1 TrAf�,P�r,�o .0%lot TECHNICAL SPECIFICATIONS RECORDS STORAGE SERVICES (BID NUMBER 98-02B) A. The records storage facility must be located within a 10 miles radius of the City of Tamarac City Hall. B. The facility must meet all State Guidelines as to structure, fire prevention system, humidity and temperature control (see State of Florida Public Records Storage Guidelines Exhibit "A" attached) C. The facility must be available for inspection by City representatives as determined necessary in order to verify that records are being kept under the proper conditions. D. Same day regular retrieval is required. Boxes shall be available the same day within 3 hours of request, as long as the request is no later than 2:00 p.m. This applies to normal business hours/days. E. Stored boxes shall not be moved without the City of Tamarac authorization. Doing so will be considered a breach of contract and the retrieval of all records will be done at no cost to the City. F. The Contractor will allow other governmental agencies and organizations to utilize this contract. G. The initial agreement shall be for two years. The City of Tamarac reserves the right to renew the agreement for two additional two-year periods at the City's option. H. Contractor must provide the City of Tamarac with a Certificate of Destruction after boxes are destroyed. 10 • Exhibit AMP A�a.0g Page 1 of 14 COMPANY NAME: (Please Print): Co . Phone: _.°.�41�. Fax: Q_E� / 5 R u —NOTICE— BEFORE SUBMITTING YOUR BID. MAKE SURE YOU... Carefully read the SPECIFICATIONS and then properly fill out the BID FORM (Attachment ✓ 2. Fill out and sign the NON -COLLUSIVE AFFIDAVIT (Attachment "B" and have it properly notarized. - 3. Sign the CERTIFICATION PAGE (Attachment "C"). Failure to do so will result in your Bid being deemed non -responsive. 4. Fill out BIDDERS QUALIFICATION STATEMENT Attachment "D" . y .5. Fill out the REFERENCES PAGE (Attachment "E"). _ ✓ 6. Sign the VENDOR DRUG FREE WORKPLACE FORM (Attachment "F") N/A . 7. Include WARRANTY'Information, if required. 8. Clearly mark the BID NUMBER AND BID NAME on the outside of the envelope. 9. Submit ONE (COLORED) AND TWO (2) PHOTOCOPIES of your bid. N/A 10. Include a BID BOND, if applicable. Failure to provide a bond will result in'automatic rejection of your bid. 2— 11. Make sure your BID is submitted prior t t be acts ,/ p o the deadline. Late Bids will no accepted. p 12. Include proof of insurance. FAILURE TO PROVIDE THE REQUESTED ATTACHMENTS MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE. THIS PAGE AND THE FOLLOWING COLORED PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD SE THE FIRST PAGE OF YOUR BID. 11 • C� Exhibit C Page 2 of 14 Bidder's Name i .-R 0,N i1 O U N T A I N ATTACHMENT "A" BID FORM RECORD STORAGE SERVICES To: The Purchasing and Contracts Manager of the City of Tamarac: We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Storage Services Charges Additional Comments Rate per carton per month (1_5 cubic feet) - - Rate per carton per month (trans files) - Indexing per file/carton (new files/cartons) * - NEW F- Per hour for file detail inventory .25/FiL..E FOR INDEXING $ 2 0 0 0 Receiving & filing, per file/zarton (new files/cartons) . Retrieval, per file/carton _ _ $ 1.ZS EACH _ Search, per file/carton Refile, per file/carton N/A Destruction, per file/carton/PERMANENT REMOVAL_ $ ]. 2 S EACH $4.00 PER — CARTON Reproduction, per page FAX transmission, per page, first page $.20 EACH FAX transmission, each additional page 20 Computer printout, per line . 110 CHARGE Microfilm boxes (9"W x 3-3/4"H x 24" L) Additional labor, per hour (miscellaneous services) P E 120.00 R HOUR Transportation Rush/Demand delivery - Per two hours $ 3 5 . 0 0 1ST ITEM / $ 2 . 0 0 EA A D D I- . Pickup or delivery per file/carton, First box - Pickup or delivery Remaining files P I Each Additional carton $1.00 NEW FILE PICKUP FREE. REGut L Material New Storage Boxes (Is volume discount available ?) $ 2 . 5 0 (YES) Minimum Storage Charge per year (if any) Minimum Numoer of cartons quotation is based upon Other Client pick up/retum of files at Center per box/carton/item INC) CHARGE Pickup charge of new boxes into storage No CHARGE Time frame based on 10 cartons. 12 Exhibit C Page 3 of 14 • ATTACHMENT "A" continued Bidder's Name: IRON MOUNTAIN Hypothetical Month: (Included in the Basis for Award) Vendor is to calculate prices in this section based on the unit prices provided in earlier sections. In the event vendor does not use these prices, the City may reject his/her bid. 1- 3 deliveries of 5 cartons each to various City locations (includes pull from shelf, transport, return and refile) $ 88.50 18 2- Two faxes of five -page documents including pull and refile. $_ 9.10 "AssUMING TWO SEPERATE FILES PULLED. .. 3- Certified destruction of 20 cartons. $ s o _ n n 4- Initial storage 20 new cartons (includes pickup, index file on shelf) $ NO CHARGE 5- One document - rush transport -- (Including pull, return and refile) $ 3 8 _ , O 6- a) Cost if City representative picks up 5 boxes at records $ 6.25 facility. b) Cost if 5 boxes are only reviewed by City representatives $ 12.50 at records facility.( p u,_,_ AND R E F I L E CHARGES) Grand Total (items 1 through 6) • $234.85 13 0 Exhibit C Page 4 of 14 ATTACHMENT "A" continued The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. IRON I� IMGMT. Co. Company Name Address FT. LAUDERDALE, FI_ 33314 City, State, ZIP Contractor's License Number AiRthorized Signature MARK REMPE Typed/Printed Name 954/584-9334 x 139_(PKONE) Telephone & Fax Number 954/584-0098 (FAX) n4-u3-g5q-n Federal Tax 1 D# El Exhibit C Page S of 14 • • ATTACHMENT "A" continued Bidders Name: IsnN j�nlld.LgTN RFrnRDS MANAGEMENT COMPANY NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non-responsiveo-and ineligible for award. TERMS: , % DAYS: NET 5 0 Delivery/completion: -- N7A calendar -days after receipt of Purchase Order NOTE: To be considered eligible for award, one. (1) ORIGINAL AND TWO (2) COPIES OF THIS BID FORM must be submitted with the Bid. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why.a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 15 Exhibit C Page 6 of 14 0- 0 ATTACHMENT "A" continued Bidders Name: IRON MOUNTAIN RECORDS MANAGEMENT COMPANY Variations: The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specifications in the space provided below; provided, however, that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non -responsive and ineligible for award: Section -Variance -*NO VA R I A UC E S* Section Variance - - Section Variance Section Variance Attach additional sheets if necessary. iC: Exhibit C Page 7 of 14 E 1�1 ATTACHMENT "B" NON -COLLUSIVE AFFIDAVIT State of F i_ O R I D A ) ss. County of ) IM A R K REMPE being first duly sworn, deposes and says that: (1) He/she is the f i MANaGFg, S. F L O R I D A D I S T R I C T (Owner, Partner, Officer, Representative or Agent) of IRON -Mot NTATN_ the Bidder that has submitted the attached Bid; (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: L , ness By: 7 dtl,�, HARK REMPE (Printed Name) GENERAI MANAGER (Title) 17 Exhibit C Page 8 of 14 • ATTACHMENT "B" continued NON -COLLUSIVE AFFIDAVIT ACKNOWLEDGMENT State of FI ) ss. County of BROWARD ) BEFORE ME, the undersigned authority, personally appeared MARK R E M P E to me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that h executed said Affidavit for the purpose therein expressed. WITNESS my hand and official seal this day of 199_2. ��Ypve ELIZABETH H. MIRANDA <� COMMISSION i6# cC 476237 o� EXPIRES JUN 25, 1999 zko NOTARY M IC'T`StNWP93 Fd'rt Neat Large off-' (Signatu a of Notary Public: Print, Stamp, or Type as Commissioned) ( personally known to me or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 18 • • ATTACHMENT "C" CERTIFICATION Exhibit C Page 9 or 14 THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We(I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We(I) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of - the requirements of the entire Invitation To B1d. - Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ -CORPORATION P OTHER ❑ IF -OTHER, EXPLAIN: AUTHORIZED SIGNATURE: % MARK REMPE AUTHORIZED SIGNATURE (PRINTED OR TYPED) GFNER81 MANAGER TITLE FEDERAL. EMPLOYER I.D. OR SOCIAL SECURITY NO 5-7 9- 757 COMPANY NAME: IRON MOUNTAIN RECORDS MANAGEMENT COMPANY ADDRESS. 3821 SW 47TH AVENUE CITY: FT. �AUDERDAI STATE: F I ZIP: 33314 TELEPHONE NO.: 9 5 4/ 5 4- FAX NO.: CONTACT PERSON: M A R K REMPF 19 Exhibit C Page 10 of 14 ATTACHMENT "D" BIDDERS gUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company:1�nuNTATNFcogpsmMEN1CoMpANy Address: 3821 SW 47TH AVENUE, FT. LAUUERDALE, FL 33314 Street City State Zip Telephone No. Y s84-1-0063 Fax No. LU.4) 5 8 4- 7 8 4 0 How many years has your organization been in business under its present name? years - If Bidder is operating under Fictitious -Name, submit evidence of compliance with Florida Fictitious Name Statute: Under what former names has your business operated? At what address was that business located? Are you Certified? Yes 17 No ❑ If Yes, ATTACH A COPY OF CERTIFICATION Are you Licensed? Yes m' No ❑ If Yes, ATTACH A COPY OF LICENSE Has your company or you personally ever declared bankruptcy? Yes ❑ No M If Yes, explain: Are you a sales representative ❑ distributor ❑ broker ❑ or manufacturer ❑ of the commodities/services bid upon? Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes 5P No ❑ If yes, explain (date, service/project, bid title, etc) Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ❑ If yes, explain: Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No C; If yes, explain: 20 Exhibit C Page 11 of 14 • ATTACHMENT "E" REFERENCES Please list name of Igovernment agency or private firm(s) with whom you have done business within the past five years: Agency/Firm Name: CORA SPRINGS MEDICAL CENTER Address Agency/Firm Name: —CITY of HIALEAH Address: ► City/State/Zip Fr IAl F, FI 33316 City/State/Zip HIA►_EAH, „F_I_ 3301n Phone: �u ti - Z n.q.0-Fax: Contact Agency/Firm Name: REPUB►IC IN USTRI S Address 4� n F I a R Of AS City/State/Zip Phone: Fax: Contact Agency/Firm Name: ROYAL CART RU I E Address 1050 CAR I BBEAN WAY City/State/Zip I Phone:_305/539 X60 . X Contact Agency/Firm Name: ■ Address 450 FAST I_AS 0► AS B► VD. SUITE ]200 City/State/Zip 954/627-5037 Phone: _Fax: Contact C I NDY TREZONA Phone305/883--5812 Fax: Contact: TERRY G A V A L A Agency/Firm Name: STARS, DIXON & SHAPIRO Address: 2265 S. BARYSHORE DRIVE SUITE M-103 33301 City/State/Zip CacaNuT GROVE, FI 33133 Phone: Fax: Contact: Agency/Firm Name: Address: City/State/Zip Phone: Fax: Contact: Agency/Firm Name: Address: City/State/Zip Phone:_ Contact: Fax: YOUR COMPANY NAME 1UNTAINF Lj 0 ADDRESS 58 11 FT, ai C-I 3 4 PHONE:_ Q5L5R�-� _ FAX: -7 21 Exhibit C Page 12 of 14 ATTACHMENT "F" VENDOR DRUG -FREE WORKPLACE _ Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 237.087, Florida Statutes. This requirement effects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if non of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's Policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. G�LrIRON '1JUNTAIN RECORDS IIGMT CC. Authorized Signature Company Name iIARK REMPE 22 Exhibit C Page 13 or 14 E • M h N ^ 3 L^ r �; —1s > d � ' w .,_ a Z = ° Z a°a tVj a n w - J A r C r C C w. w • - - a " 2 LU 'n CID _G Lu V C— �% J LL, L.V = LL zc.rM O 4 z LU r W .o = tD rn ■ •— N � N O yt c � f a p CJ Z Mcc w w G7 0 Lt 1 (n to ti W Z cn Q �sL� w W ti Q V ;X O u��yJ cc z Q C r- = Uuj r* O UI H �O Q 3 C w > Vm O M C7 - a m J U ram, Lu N N O d CJ C 0 Z C LL O Z w n iO o L a ; cn d 0 ' (7 _ O O u - ..r --, p W H 70 �. LLI Z '✓ ti z C a = _ � CC 3 O r' w QLL cn > W U }i O C U � �a a q n — r 1 - S31dOO ;d NHn-L3M HOV13C lON OC Exhibit C Page -or I4 _ �.. This is to Certify that IRON MOUNTAIN INCORPORATED 745 ATLANTIC AVENUE Name and LIBERTY BOSTON, MA 02111 address of MUTUAL. Insured. 1 tll. - Is, at the issue date of this certificate, insured by the Company under the policy(e ) listed below. The insurance afforded by the listed policy(ies) is subiect to all terms, exclusions and conditions and is not altered by any requirement, tern or condrtlon of any contract or other document wim respect to which this certificate ma ssLed. EXP. DATE ; • CONTINUOUS TYPE OF POLICY EXTENDED POLICY NUMBER LIMIT OF LIABILITY `� Pnl Ir.V Toms WORKERS COMPENSATION GENERAL LIABILITY OCCURRENCE _ CLAIMS MADE 0 AUTOMOBILE LIABILITY OWNED NON -OWNED < HIRED OTHER ADOITICNAL CCMMENTS COVERAGE AFFORDED UNDER WC I EMPLOYERS LIA81LnY LAW OF THE FOLLOWING STATES bodily Injury By Accident 11 /1 /98 $500,000 Eacti WC1-111-222334 117 1 ALL STATES EXCEPT Accl I I AK, ND, NV, OH, WA, WV, WY Bodily Injury By Disease j $500,000 Polic Limit Bodily Injury @y Disease I $500,000 Eac:I � General Aggregate - Other than Products/Compietlad Cperadons Pr $2,000,000 Products/Completed Operations Aggregate $1,000,000 11 /1 /98 TB 1-111-222334-047 Bodly Injury and Property Damaqe Liability Per $1, 000, 000 Occurrence Personal and Advertising Injury RETF3 DATE Per Perscry $1,000,000 Orge-lzat-c Other I Other I I I 11/1/98 I i RE; 3821 SW 47TH AVENUE, DAVIE, FL 33314 AS2-111-222334.087 AS2.111-222334-097 i I I N/A $1,000,000 EachAccident- Single B.I. and P.D. Combined XXXXXXXXXXXXXXXXXXXXXXXX Each Person j XXXXXXXXXXXXXXXXXXXXXXXX Each Accident or Occurs XXXXXXXXXXXXXXXXXXXXXXXX Each Accident or cer[:hcate exolrauon ea:e :s cornnuous or ex:enced :erm, you wW be nonhed if coverages :err-lnaleo or reduces oerore :re er. r a:e exolra::cn case. SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO ^EFRALIO OR KNOWING 71-IAT HE IS FAGL;TA-hVC A FPAL:O ACA;NST AN NS::; E%3.,W-S AN APc'_'.CA-ION CR FILES A CLAIM CONTAINING A rALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE NOTICE OF CANCELLATION! INOT APPLICABLE UNLESS A .VUMSEq OF DAYS IS c:VTE:;ED EELCW.I 9E=ORE A"70 =XP'RAT'CN CATE'HE CCMPANY WILL NCT CANCEL Ca P Libzrt�r Mutual Grou _ E�l.'Cc T rE NSURANCa AFFCFCED P -%-E AaOVE ;OL.CIES -NTIL AT LEAST 31) Cc SF S -C. , CA`:CELLAT CN HAS BEEN .MAIL='C -C: ATTIJ: LAVERNE ��?fl i�% • ;/'/��-� j !RON MOUNTAIN INCORPORATED LINDA C. McLELLAN 3821 S`N 47TH AVENUE AUTHCRIZE.:D FE=GESENTAT:VE DAVIE, FL 33314 WESTWOOD, MA (731) 3213-7100 11/5/97 CFFICE auONE NUMBER DATE ISSUE Exhibit D Page 1 of 14 -rcokp Rr'so V SI o J AGREEMENT BETWEEN CITY OF TAMARAC AND IRON MOUNTAIN RECORDS MANAGEMENT COMPANY THIS AGREEMENT made this day of , 1998, by and between the CITY OF TAMARAC (hereinafter called CITY) and Iron Mountain Records Management Company (hereinafter called the CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: The undersigned CONTRACTOR hereby represents that he has carefully examined the Bid Specifications and all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. The CONTRACTOR agrees to comply with the requirements of the specifications contained in the Invitation to Bid. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that he/she has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses and is the total compensation required to be paid by the CITY for the satisfactory completion of the contract requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT/S Invitation to Bid, Instructions to Bidders, General Terms and Conditions, Insurance Requirements, Special Conditions Specifications Bid Form Exhibit D Page Z of14 Bid Signature Form Statement of No Bid Variations Non -Collusive Affidavit Certification Bidder's Qualification Statement References Drug Free Workplace Certification Addenda numbers N/A to , inclusive, and Any Modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date entered above and expire two years from that date. CITY shall notify CONTRACTOR within 30 days of the expiration date of its intent to extend the contract. 5. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be give by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY Robert, S. Noe, Jr_ (Party who entered into Agreement) City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. CONTRACTOR Mark Rempe (Name of Contractor) General Manager (Title of named above) Iron Mountain Records Mgt. Co. (Name of Company) 3821 SW 471' Ave. Ft. Lauderdale FL 33314(Address) 6. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. Exhibit ❑ Page 3 of 14 • �J 7. The CITY and the CONTRACTOR each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 8. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESS: (Print grType.Name) , �L -ell (Print or Type(Name) CITY OF TAMARAC, FLORIDA By: Joe Schreiber, Mayor CONTRAC O By. ,,�; Z 7. (Print or Type Name and Title) Exhibit D Page 4 of 14 0 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF ; The foregoing instrument was acknowledged before me this / � day of 1998 by �i3�L�� /�E��1 �." (name of officer or agent, title of officer or agent) of :i7 a (name Of corporation acknowledging), a � - \wv (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me e-r5.,4. r �-a (type of identification) as identification and did (did not) take an oath. is Q,L2 �� - -"-� SrgnatLie of Notary Public — State of Florida �PttvPe,e ELIZABETH H. Mhs^':� n COMMISSION # Cc , Id28,7 cn WW FYPIRFR .II fN1 o)z: innn Print, Type or Sta,�tQli'� co., INC. Public Exhibit D Pacre 5 of 14 CC#7 Staniey D. Hawthorne Director of Finance City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 INVITATION TO BID BID NO. 98-028 Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, _ Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until December 03 1997 at 2:00 pm., at which time bids will be publicly opened and announced in the City of Tamarac City Hall Conference Room No. One for: RECORD STORAGE SERVICES All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. One original and two copies (2) of the bid shall be submitted on an official bid form furnished with the bid package and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked "Bid No. 98-028 RECORD STORAGE SERVICES openina December 03 1997 at 2:00 .m. " on the outside of the envelope. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For inquiries, contact the Purchasing Office at (954) 724-2450. ( 1 Lynda S. Flurry, CPP Y rY, O Purchasing and Contracts Manager Publish Sun Sentinel: Sunday11/16/97 & Sunday11/23/97 Exhibit D Page 6 of 14 INSTRUCTIONS TO BIDDERS BID NO. 98-028 RECORD STORAGE SERVICES It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective bidders. 1. SUBMISSION OF THE BID: The Bidder is directed to deliver sealed bids to the City's Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, ON: December 03, 11997, no later than 2:00 PM. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the City Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified the Bidder must use the bid form furnished in the bid packet. Bidders are required to state exactly what they intend to furnish to the City via this Solicitation and must indicate any variances to the terms, conditions and specifications of this bid, no matter how slight. If variations are not stated in the bid, it shall be construed that the Bidders bid fully complies with all conditions identified in this bid. The Bidder shall submit one (1) ORIGINAL and two (2) copies of the bid. The ORIGINAL bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All quotations must be typewritten or filled in with pen and ink. Bids having erasures or corrections must be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for sixty days from the date of the bid opening unless otherwise stated by the City. K FYhihit D Page 7 of 14 • I. BONDING: Not applicable for this bid. 2. WITHDRAWAL OF BID: Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the City Purchasing Office. 3. PUBLIC ENTITY CRIMES FORM: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4. NON -COLLUSIVE AFFIDAVIT: Each Offeror shall complete the Non -Collusive Form and shall submit the form with the Proposal. CITY considers the failure of the Offeror to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 5. QUANTITIES: Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 6. PRICES, PAYMENTS AND DISCOUNTS. Bid prices shall be fixed and firm to the extent required under Special Conditions. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 7. DELIVERY: All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery cost and charges must be included in the bid price. All exceptions 49 shall be noted. Failure to do so may be cause for rejection of the bid. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 3 Exhibit D Page 8 of 14 • 8. BRAND NAMES: Manufacturers' name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design. APPROVED EQUAL is added to the specifications to avoid ruling out qualified competition. Where equal is bid, the Bidder must submit brochures, specifications in detail and/or samples. The City shall be the sole judge of equality. - 9. -SAMPLES AND DEMONSTRATIONS: When requested samples are to be furnished free of charge to the City. of a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done- at the expense of -the Bidder. 10. CONDITIONS OF MATERIALS: All materials and" products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 11. COPYRIGHTS OR PATENT RIGHTS: The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violatiorL 12. SAFETY STANDARDS: The Bidder warrants that the product(s) supplied to the City conforms with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards if applicable. 13. PERFORMANCE: Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid shall be just cause for the cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 14. DEFAULT: In the event that the Bidder defaults on the contract or the contract is terminated for cause due to performance, the City reserves the right to obtain the materials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. E1 Exhibit D Paqe 9 of 14 15. TERMINATION FOR CONVENIENCE C1 i OF CITY: Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub -contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub- contracts except as they may be necessary, and complete any continued portions of the work. 16: ASSIGNMEN-T: The Bidder shall not transfer or assign the performance required by this bid without the prior written consent -of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. _ 17. EMPLOYEES: Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 18. TAXES: The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 19. BID PREPARATION EXPENSE: The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 20. SITE INSPECTION: It shall be the responsibility of the Bidder to inspect the site before submission of bids. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of this contract will be accepted as the basis for varying the requirements of the City or the compensation to the Bidder. 21. OMISSION OF DETAILS: Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 5 • r� u Exhibit D Pacre 10 of 14 2Z INSURANCE REQUIREMENTS: Bidder agrees that he or she will, in the performance of work and services under this Agreement, comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers Compensation Insurance, Unemployment Insurance, Contractors Liability Insurance, and all other insurance required by law. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. Bidder shall maintain in full force and effect during the life of the contract, Workers' Compensation insurance covering all employees in performance of work under the contract. Bidder shall make this same requirement of any of its subcontractors. Bidder shall indemnify and save the City harmless from any damage resulting to them for failure of either Bidder or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Bidder agrees to maintain during the term of this contract: GENERAL LIABILITY PER OCCURRENCE Comprehensive $1,000,000 Premises -Operations Contractual Liability Personal Injury Explosion and Collapse Underground Hazard Products/Completed Operations Broad Form Property Damage Independent Contractors Cross Liability and Severability of Interest Clause AUTOMOBILE LIABILITY PER PERSON Comprehensive $500,000 Owned Hired Non -Owned WORKERS' COMPENSATION STATUTORY AMOUNT AGGREGATE $2, 000, 000 PER OCCURRENCE $1,000,000 6 Exhibit D Page ] 1 of 14 Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied owner with evidence of such coverage in the form of a Certificate of Insurance and endorsement. Such certificates shall be approved by the City. ALL INSURANCE COMPANIES PROVIDED SHALL. Be rated at least A VII per Best's Key Rating Guide; be licensed to do business in Florida. All policies provided shall be Occurrence not Claims Made forms. The Bidder's insurance policies shall be endorsed to add the City of Tamarac as an Additional Insured. The Bidder shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the City by certified mail. 23. INDEMNIFICATION: The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including adome s' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 24. CLARIFICATION TO TERMS AND CONDITIONS: Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Technical Specifications outlined in this bid, the Special Conditions and/or the Technical specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac Purchasing and Contract Manager. The City shall not be responsible for oral interpretations given by any City employee or it's representative. 25. BID TABULATION: Bidders who wish to receive a copy of the bid tabulation should 18 request it by enclosing a stamped, self-addressed envelope with their bid, cr by requesting a tabulation be sent to their fax machine. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. r� L • • Exhibit D Page 12 of 14 SPECIAL CONDITIONS 1. ASSIGNMENT OF CONTRACT: Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of -the contact, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated -in the contract. 2. CONTRACTOR'S RESPONSIBILITY: Contractor shall provide sufficient manpower so as to perform work safely and expeditiously. 3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY: Extreme care shall be taken to safeguard all City property. Any damage shall be the responsibility of the contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. In the event of damage to public property, the contractor shall immediately contact the City Clerk's Office by telephone (954) 724-1200 and inform the appropriate staff member about the extent of the damages. 4. PAYMENT: Payment will be made after project has been completed, accepted, and properly invoiced. Invoices must bear the project name, bid number and purchase order number. The City has up to thirty (30) days to review, approve and pay all invoices after receipt. 5. CONTRACT DOCUMENTS: The contract documents shall consist of the Bid Proposal executed and submitted by the contractor, specifications, any addendum's or change orders, insurance certificate, and the City resolution awarding the bid. 6. CHANGE ORDERS: Without invalidating the contract, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the character or quality of the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The contractor shall not start work on any such alteration that requires an increase to either the contract price or contract time until a change order setting forth the adjustments is approved by the City, and executed by the City and contractor. Once the change order is so approved, the contractor shall promptly proceed with the work. In the event satisfactory adjustment cannot be reached by the City and the contractor for any item requiring a change in the contract price or contract time, and a change order has not been issued. the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems Exhibit D Page 13 of 14 necessary to complete the work. The value of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. r-M r.] 11 Exhibit D Page 14 of 14 TECHNICAL SPECIFICATIONS RECORDS STORAGE SERVICES (BID NUMBER 98-02B) A. The records storage facility must be located within a 10 miles radius of the City of Tamarac City Hall. B. The facility must meet all State Guidelines as to structure, fire prevention system, humidity and temperature control (see State of Florida Public Records Storage Guidelines Exhibit "A" attached) C. The facility must be available for inspection by City representatives as determined necessary in order to verify that records are being kept under the proper conditions. D. Same day regular retrieval is required. Boxes shall be available the same day within 3 hours of request, as long as the request is no later than 2:00 p.m. This applies to normal business hours/days. E. Stored boxes shall not be moved without the City of Tamarac authorization. Doing so will be considered a breach of contract and the retrieval of all records will be done at no cost to the City. F. The Contractor will allow other governmental agencies and organizations to utilize this contract. G. The initial agreement shall be for two years. The City of Tamarac reserves the right to renew the agreement for two additional two-year periods at the City's option. H. Contractor must provide the City of Tamarac with a Certificate of Destruction after boxes are destroyed. 10