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HomeMy WebLinkAboutContract 31711 IRON RY.MO CITY SECRETA The Leader in Records&Informadon Management CONTRACT TA CUSTOMER AGREEMENT i IRON MOUNTAIN INFORMATION MANAGEMENT,INC. (check one): ❑Iron Mountain Records ®Iron Mountain Off-Site ❑ Iron Mountain/National ❑ Iron Mountain Secure Management Division Data Protection Division Underground Storage Division Shredding Division Address of Iron Mountain Branch/District Office: P. O. Box 185879 f103Efi #LY Richland Hills, TX 76181 Account Number: SIC Code: Branch/District Cost Ctr.No.:74/44233 Contract Effective Date: 1,2005 CUSTOMER: Bn,I,uvG ADDREss(If Different): City of Fort Worth Street Address: 1000 Throckmorton,Lower Level Street or Boa No.: City: Fort Worth State: Zip+4: City: State: Zip+4: TX 76102 Primary Contact and Title: Billing Contact. Beatrice DeRoyos,IT Services Specialist Telephone: 817-392-6640 Fax: Telephone: Fax: e-mail: Beatrice.deboyos@fortworthgov.org 817,871-8654 email: The Iron Mountain Information Management,Inc.division checked above,as the contracting entity("Iron Mountain"),will perform the services described on schedules annexed to this Agreement either physically or by reference(each a"Schedule"),and Customer will pay Iron Mountain for such services according to the rates and provisions in the Schedules. All services will be provided subject to the terms and editions set forth herein and in any Schedule. VALUE OF DEPOSITS. Customer declares, for the purposes of this Agreement, that (a)with respect to hard-copy records, microfilm and microfiche stored pursuant to this Agreement,the value of such stored items is$1.00 per carton,linear foot of open-shelf files, container or other hard-copy storage unit,and(b)with respect to round reel tape,audio tape,video tape,film,data cartridges or data cassettes or other non-paper media stored pursuant to this Agreement, the value of such stored items is limited to the cost of replacing the physical media. Customer acknowledges that it has declined to declare an excess valuation,for which an excess valuation fee would have been charged LIMITATION OF LIABILITY. Iron Mountain's liability, if any, for loss or destruction of or damage to materials stored with Iron Mountain ("Deposits") Is limited to the value of each Deposit as described above, or as otherwise set forth on the reverse side hereof Iron Mountain reserves the right to provide replacement of media for which liability is limited to replacement cost rather than payment of replacement cost. Iron Mountain's maximum liability with respect to services not related to storage is the amount paid by Customer for a discrete project or,if the loss is related to service of an ongoing and continuing nature, six months of fees paid by Customer for such service. Other limitations on Iron Mountain's liability are set forth on the following pages. CUSTOMER: IRON MOUNTAIN CITY OF FORT WORTH IndividIndividual Signing: [print naual me] h f1 (7 f [print name] 1 Y ILU f ` Signature: Signature: RONALD C. ACKERMAN Title: ` Tide: boaSigning Date: Signing Date: t, *Sections Amended:6,14,15,16,17 OKIi'ii �r IM 35 Rev.07/20^.,, (L«cu c) C 2004 Iron Mountain Incorporated 1''tee 1 of 4 Ot fix. STANDARD TERMS AND CONDITIONS (Based on terns and conditions promulgated by Professional Records & Information Services Management) The following terms and conditions shall apply to this Agreement. 1. Term. The term of this Agreement shall commence on the date of Customer's signature or, if later, the Effective Date set forth on the first page of this Agreement. The initial term of this Agreement shall continue for one (1) year after commencement, unless otherwise set forth in a Schedule. Unless otherwise provided in a Schedule. upon expiration of the initial term, the term will continue with automatic renewals for additional one (1) year terms, unless written notice of non-renewal is delivered by either parte to the other not less than thirty(30) days prior to the expiration date. In the event that Iron Mountain continues to hold Deposits after the expiration or termination of this Agreement, the terms of this Agreement shall continue to apply until all of Customer's Deposits have been removed from Iron Mountain's facility. except that Iron Mountain may adjust rates upon thirty(30)days' notice. 2. Charges. Rates and charges shall be as specified in Schedules. Unless otherwise provided in a Schedule: (i) rates for storage shall remain fixed for the first year of this Agreement, and may thereafter be changed at any time upon thirty (30)days' written notice, and (ii) rates for services may be adjusted by Iron Mountain at any time. 3. Principal Records Services Provider. The charges for records management and storage set forth in the Schedules are predicated upon the expectation that Customer will utilize Iron Mountain as its primary commercial provider of records service and storage(for paper and/or magnetic media, as applicable)for Customer's locations identified on the Schedules, including accretion in records. during the term of this Agreement. In the event that Customer does not so utilize Iron Mountain's services, Iron Mountain reserves the right to adjust rates and charges to the standard list rates and charges then applicable to the services provided by Iron Mountain to Customer. 4. Authorization; Customer Instructions. Deposits may be delivered pursuant to direction of Customers agent(s) identified pursuant to Iron Mountain's standards. Authority granted to any persons on standard authorization forms shall constitute Customer's representation that the identified persons have full authority to order any service for, or disposal or removal of, Customer's Deposits. Such orders may be given in person, by telephone or in writing (fax, electronically or hard-copy). 5. Operational Procedures. Customer shall comply with Iron Mountain's reasonable operational requirements, as modified from time to time, regarding containers, delivery/pick-up volumes, security, access and similar matters. Customer acknowledges that volume requests that exceed one hundred twenty-five percent(125%) of normal volume may require Iron Mountain to incur additional costs, which Customer will pay at Iron Mountain's overtime rates. provided that Iron Mountain shall have advised Customer thereof in advance. 6. Force Majeure. Neither Customer nor Iron Mountain shall be liable for delay or inability to perform caused by acts of God, governmental actions, labor unrest. acts of terrorism. riots, unusual traffic delays or other causes beyond its control. 7. Governmental Orders. Iron Mountain is authorized to comply with any subpoena or similar order related to the Deposits, provided that Iron Mountain notifies Customer promptly upon receipt thereof, unless such notice is prohibited by law. Customer shall pay Iron Mountain's reasonable charges for such compliance. Iron Mountain will cooperate with Customer's efforts to quash or limit any subpoena, at Customer's expense. 8. Confidentiality. "Confidential Information" means any information concerning or relating to the property, business and affairs of Customer that is furnished to Iron Mountain, except for information that was previously known to Iron Mountain free of any obligation to keep it confidential, is subsequently made public by Customer or is disclosed by a third party having a legal right to make such disclosure. Confidential Information shall be held in confidence by Iron Mountain and shall be used only in the manner contemplated by this Agreement. Iron Mountain shall use the same degree of care to safeguard Confidential Information as it utilizes to safeguard its own confidential information. 9. Liability in Event of Loss of Deposits. Iron Mountain shall not be liable for any loss or destruction of, or damage to, Deposits, however caused, unless such loss or damage resulted from the failure by Iron Mountain to exercise such care as a reasonably careful person would exercise under like circumstances; Iron Mountain is not liable for loss or damage which could not have been avoided by the exercise of such care. If liable, the amount of Iron Mountains damages is limited as provided on the first page hereof. Deposits are not insured by Iron Mountain against loss or damage, however caused. Customer may insure Deposits through third-part' insurers for any amount, including amounts in excess of the limitation of liabilitv. Customer shall cause its insurers of Deposits to waive any right of subrogation against Iron Mountain. If Deposits are placed in the custody of a common carrier for ranspertaUonrthe common i•J *Sections Amended: 6,14, 15, 16, 17 +'�;� IN4-35 Rev.07/2004 (Electronic) 2(X)4 Iron Mountain Incorporated �1►�+[ J!; 5 Til of 4 . � it carrier shall be solely responsible for any loss or destruction of, or damage to, such Deposits while in the custody of the common carrier. 10. No Product Warranty. Iron Mountain hereby assigns to Customer any manufacturers" warranties applicable to any products sold by Iron Mountain pursuant to this Agreement. Iron Mountain provides no warranties related to products sold. WITH RESPECT TO PRODUCTS SOLD BY IRON MOUNTAIN TO CUSTOMER, IRON MOUNTAIN MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 11. Liability with Respect to Non-Storage Services. With respect to services not related to storage of Deposits including but not limited to Secure Shredding services, Iron Mountain's maximum liability for any loss or default shall be: (i) if such loss or default relates to a discrete project, the total fees paid by Customer to Iron Mountain for such project; or (ii) if such loss or default arises from services that are of an ongoing and continuing nature, the total amount of fees paid by Customer to Iron Mountain for the performance of such services during the immediately preceding six-month period. With respect to Secure Shredding services, Iron Mountain shall not be responsible or liable in anv manner whatsoever for the release or loss of any materials deposited in bins or otherwise delivered to it for secure shredding unless the release or loss is due to Iron Mountain's negligence or willful misconduct. 12. No Consequential Damages, etc. In no event shall either party be liable for any consequential, incidental, special or punitive damages, regardless of whether an action is brought in tort,contract or any other theory. 13. Notice of Claims. Claims by Customer must be presented in writing within a reasonable time, and in no event longer than ninety (90)days after delivery or return of the Deposits to Customer or ninety(90)days after Customer is notified that loss, damage or destruction to part or all of the Deposits has occurred. 14. Filing of Actions. No action may be maintained against Iron Mountain for loss, damage or destruction of Deposits, unless timely written claim has been given as provided in Section 13. 15. Notice of Loss. When Deposits have been lost, damaged or destroyed, notice thereof may be given by mailing a certified letter (return receipt requested) to Customer. In the event notice of loss, damage or destruction is given by certified letter, the time limitation for presentation of a claim and commencement of action or suit begins on the date of Customer's receipt of such notice. Notice is considered given upon mailing. 16. Payment. Payment terms are net,thirty-(30) days. Subject to the limitations set forth in this section, if Customer fails to pay Iron Mountain"s charges (other than disputed charges) within forty-five (45) days after the date of an invoice, Iron Mountain may, at its option: (a) refuse access to Deposits, (b) suspend service, (c) redeliver Deposits to Customer or (d)terminate this Agreement. Customer shall be liable for late charges at the rate of fifteen percent (15%) per annum, compounded monthly, on unpaid balances and all expenses incurred in collection. If Customer is consistently delinquent (defined as being late in the payment of any three (3) or more undisputed invoices in a 12- month period) and/or upon the expiration or termination of this Agreement, Iron Mountain may require payment by certified check prior to performance of services, including delivery of Deposits. Upon default by Customer, Iron Mountain shall have other rights and remedies as may be provided by law. In the event Iron Mountain takes any actions pursuant to this Section, it shall have no liability to Customer or anyone claiming by or through Customer. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this contract, then Customer will immediately notiAl Iron Mountain in writing of such occurrence and this contract shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to Customer, except to the portions for which funds shall have been appropriated and budgeted or are otherwise available. 17. Ownership Warranty. Customer warrants that it is the owner or legal custodian of the Deposits and has full authority to store the Deposits and direct their disposition in accordance with the terms of this Agreement. Customer shall reimburse Iron Mountain for any expenses reasonably incurred by Iron Mountain by reason of Iron Mountain's compliance with the instructions of Customer in the event of a dispute concerning the ownership, custody_ or disposition of Deposits stored by Customer with Iron Mountain. 18. Restrictions on Stored Material; Customer Premises. Customer shall not store with Iron Mountain nor deliver to Iron Mountain for secure shredding any material that is highly flammable, explosive,toxic or otherwise 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. Customer shall not store negotiable instruments, jewelry, check stock or other items that have intrinsic value. All Customer's premises where Iron Mountain's employees perform services or make deliveries hereunder shall be free of hazardous substances and any other hazardous or dangerous conditions. 19. Software License. If access to or use of Iron Mountain inventory management software and computer programs (the "Software") is provided hereunder, Iron Mountain hereby grants Customer a limited, nonexclusive license to use the Software solely in conjunction with records storage services provided by Iron Mountain during the terra of this Agreement. Customer acknowledges that all Software and the inventory managemen e �I'A 'D *Sections Amended: 6,14,15,16,17 �' ��02 IM-35 Rev.07/2004 (Electronic) 2004 Iron Mountain Incorporated e 3 f 4 , ��, fix, Software belong to Iron Mountain. During the term of this Agreement, Iron Mountain shall have the exclusive right to use Deposit inventory information to provide records management services to Customer, upon expiration of this Agreement, Iron Mountain shall have the right to maintain inventory information for record-keeping purposes. 20. Modifications to Add Customer Locations, Services. In the event that Customer locations or lines of service are added to or deleted from this Agreement, the term of this Agreement shall not change unless the parties so agree. Pricing adjustments for all Customer's locations and/or services under this Agreement may be made on dates pricing adjustments are permitted under Section 2, regardless of the dates when new locations or services are added. Any modification of Customer locations serviced or lines of services provided will be pursuant to an amendment of this Agreement or a Schedule. 21. Performance of Services by Other Divisions. Certain lines of service may be performed by another Division of Iron Mountain Information Management, Inc. other than the Division identified at the head of this Agreement. In such event, such Division will perform such service as a subcontractor to Iron Mountain. The subcontracting entity may invoice Customer directly, but Iron Mountain will remain liable for all services performed for Customer. 22. Purchase Orders. In the event that Customer issues a purchase order to Iron Mountain subsequent to the execution of this Agreement, Iron Mountain accepts such purchase order on the express condition that any terms and conditions set forth in the 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. 23. Miscellaneous. This Agreement binds the successors and assigns of the respective parties and cannot be changed orally. This Agreement may not be assigned by the Customer (other than to an affiliate which shall assume the obligations of its assignor by written instrument) without the written consent of Iron Mountain. which shall not be unreasonably withheld or delayed. Any notice made pursuant to this Agreement may be given in writing at the addresses set out on the first page hereof until written notice of a change of address has been received. Notices to Iron Mountain shall be sent to the attention of its General Manager at such address. Iron Mountain shall have, and may exercise, all rights granted to warehousemen by the Uniform Commercial Code as adopted in the state where the Deposits are stored. In the event of inconsistency between these printed Terms and Conditions and the terms of a Schedule, the Schedule shall prevail. Approved as to Fonn and Legal Content: /r� Iron Mountain Legal I?epartment APPROVED AS TO FORM AND LEGALITY: Name: Chip Lems_ Contracts Specialist Date: 2/223/05 ASSIS NT CITY ATTORNEY Customer:CM of fort Worth Attested By: Marty Hendri- City Secretary Conthoria5tioi *Sections Amended: 6,14, 15, 16, 17 �p� gpI � � IN4-35 Rev.07/2004 (Electronic) 2(x)4 Iron Mountain Incorporated CJS i Ql ge of 4 FT. WITH, TEX, Confidential– I'crt�e I SCHEDULE A — MEDIA VAULTING— PROPRI ETA R1 IN FOR�1,k 11 ON NB 6-(u This Schedule A is made part of the Customer Agreement between Iron Mountain Off-Site Data Protection, a division of Iron Mountain Information Management, Inc., (the "Company") and Citv of Fort Worth, (the "Customer"). The pricing set forth in this Schedule A, shall commence on the date of the Customer's signature on the Customer Agreement or, if later,the Contract Effective Date located on the front side of the Customer Agreement. This Media Vaulting Schedule A supersedes and terminates any prior Media Vaulting Schedule A existing between Company and Customer. Customer City of Fort Worth Contact Beatrice De Hovos E-mail Beatnce.dehovos ri forhvorthgov.org Telephone (817) 392-6640 Address 1000 Throckmorton Lower Level Fort Worth, TX, 76102 Servicing Branch Location—Fort Worth - Fort Worth, TX Acceptance Clause—Rates contained within this Schedule A are valid for acceptance by Customer only for a period of 90 days from February 23, 2005 or upon execution of the Customer Agreement, whichever date is earlier. Transportation Description Price Per Admin Code Scheduled Service $27.00 Trip TRANSTRI00 Scheduled Same Place $10.00 Trip TRANSTBD2 Scheduled Same Location $15.00 Trip TRANSTBDI Standard Special–Emergency«ithin 24 hours. $75.00 Trip SPECLST000 Critical Special–Emergency within 3 hours or less. $90.00 Trip SPECLEM000 Holiday Service Premium $75.00 Holiday HOLIDAY000 Out of Service Territory Premium $1.25 Mile TRANSTBD3 Vaulting Description Price Per Admin Code Slotted Media-Active $0.300 Slot VAULTA1000 Transport Containers $6.00 Transport TRANSCONT Temporary Transport Container Fee $1.00 Each per Day TRANSRENTL Closed Containers(Small) $13.00 Container CONTSMALL Closed Containers(Medium) $24.00 Container CONTMED Closed Containers(Large) $36.00 Container CONTLARGE on ident1Ql-. ;�'r ,'1'/tel , !:'C i .1.�!"J."'�., 1 7" i\ Pgge 2 Closed Containers(X-Large) $40.00 Container CONTXL Closed Carts $150.00 Cart CARTS Media Management Description Price Per Admin Code Handling-Transport Containers and Carts $1.00 Item HANDL04000 Media Handling-Active(with electronic file) $0.250 Item HANDL01000 Other Monthly Fees Description Price Per Admin Code Administrative Fee $20.00 Month MAINTADMIN Other Products and Services Description Price Per Admin Code Media Destruction Per Quote OTHERDD000 Management Services during normal business hours $35.00 Hour LABOR02000 Management Services after normal business hours $45.00 Hour LABOR07000 Custom Bar Code Labels Bar Code MAINTLABEL Security Clips $1.50 Clip MAINTCLIPS Data Products—Replacement/head cleaning tapes, furniture,eq.,etc. Per Scope DPQUOTE Disaster Recover} Readiness Services Per Scope DRSVCS Library'Moves Per Scope LIBMOVES Services during normal business hours, 8:30 AM to 5:00 PM, excluding holidays. Transportation Notes: (i.)Scheduled Service transportation is defined as pickup,delivery service between the hours of 8:30 AM and 5:00 PM that is within the structure of an existing Iron Mountain route and is no further than 30 miles one way(defined as Service Territory)from the servicing Iron Mountain branch.This charge does not cover dedicated runs or customized runs that require more than one(1)Iron Mountain Service Representative. (ii)Scheduled Same Place transportation is only offered in conjunction with a Scheduled Service trip when the customer requires multiple service points(more than one account number or department)that are serviced at the same time and on the same floor as the original Scheduled Service trip. (iii)Scheduled Same Location transportation is only offered in conjunction with a Scheduled Service trip when the customer requires multiple service points(more than one account number or department)that are serviced at the same time and within the same building(different floor)or on the same corporate campus as the original Scheduled Service trip. (iv)Standard Special is defined as a priority delivery that is guaranteed to occur within 24 hours of the original customer phone notification for service location within the local branch's Service Territory as defined in Section(i).Timing is based on client need. (v.)Critical Special is defined as a high priority delivery that is guaranteed to occur within 2 hours of the original customer phone notification for service location within the local branch's Service Territory as defined in Section(i). Timing is based on client need. (vi.)Holiday Service Premium is a charge,in addition to the"Scheduled"trip rate,for service needed on all recognized Iron Mountain holidays. These include:New Year's Day,Martin Luther Ding Jr.Day,Presidents'Day,Memorial Day.Independence Day,Labor Day,Thanksgiving Day,and Christmas Day. (vii.)Out of Service Territory Premium is a surcharge added to the"Scheduled"trip rate for each additional mile beyond the 60 mile roundtrip (30 miles one way)Service Territory of the Iron Mountain facility defined in Section(i). CITY S10-%Wy n. Ta. i % . „ I . - . Page 3 (viii.)Any single customer that requires more than 20 minutes per pickup/delivery 10 service on a regular,recurring basis is subject to additional charge which will be negotiated and added to the Scheduled Service trip rate. Faulting Notes: (i.)Individual Vaulted Media—Slotted media is billed in increments of 20 slots based on slot rack utilization within a calendar month. (ii.)Closed Container Vaulting- Please refer to the Container Categorization List below for a listing of commonly used containers grouped by size,not capacity.Containers not found on this list will be quoted on an individual basis through assignment to one of these categories unless the container is even larger than the r-Large category,in which case,it will he quoted on an individualized basis. (ii.)Temporary Transport Containers are availahle upon request and utilized when the customer's media rotation levels exceed the capacity of the transports permanently assigned to their account. (iv.)Vaulting is the service of storing Customer's computer media at off-site facilities. The fee for vaulting services is based predominately on the size,shape,volume and type of media Customers choose for off-site storage. Unless otherwise stated in this agreement,all containers are owned by Iron Mountain. Iron Mountain reserves the right to exchange containers of the same storage capacity at any time and without notification. Media Management Notes: (i.)Individual Media Handling is the movement of individually managed media in or out of an Iron Mountain facility.Individual Media Handling fees are billed on a per item basis or at an hourly charge based on 300 items handled per hour. Individual Media Handling includes the verification,both inbound and outbound,of each item against an electronic or printed listing. Accounts handling less than 200 items per month may be charged for one(l)hour of Management Service at the hourly rate found in the"Other Products and Services"section. (ii.)Customers must provide.in a timely manner,file documentation(picking,distribution and inventory lists)in correct sequence so media can he processed in timely manner. Customers that transmit electronic listings may pay a lower"Individual Media Handling"fee. (ii)Closed Container Handling and Transport Container Handling is the movement of any closed or transport container in or out of the Iron Mountain facility.Closed Container Handling and Transport Container Handling fees are billed on a per item basis. Other Monthly Fee Notes: Administrative Fee is the monthly fee,per account,for the maintenance and supply of client-issued Authorization Cards,transmittals,standard reports,and other administrative services associated with the management of each account. Other Products and Services Notes: Cancellation Fee—if the Agreement is terminated early by the Customer for reasons other than the Company's breach of the Agreement,the Customer shall pay in advance of media delivery the monthly average of the last six(6)months of invoices multiplied by the remaining months in the Agreement. Media Destruction is the charge to confidentially destroy Customer tape media-as requested. Management Services fee is the hourly charge for services generally provided upon request or for services other than those associated with standard transactions listed in this Schedule A(i.e.special projects,media labeling,audits,etc.).This fee may apply when"Individual Media Handling"is less than 200 tapes handled per month. Disaster Recovery(DR)Services are available and associated with the picking,packing,verification,distribution of open and closed media for disaster recovery related events or exercises.The variety of DR requirements dictates that these events/requirements are quoted locally,as required.Many DR related activities incorporate expenses unique to each event.Additional DR cost considerations could include such items as dedicated transportation,aircraft charter,supervision,hot site staffing,etc. Mmunum Storage Commitment: The storage and service charges set firth in the Agreement are established upon the expectation that the storage volume levels and service activity frequency anticipated by the parties at the inception of the Agreement will not decline materially during the term of the Agreement. In the event that the Customer's(i.)storage volume levels are reduced by more than twenty percent(200o)during the Term of the Agreement or if(ii.)the service activity frequency is reduced by more than twenty percent(200o)over the average monthly service activity frequency for the prior six(6) month period,Iron Mountain reserves the right to adjust rates and charges to the rates and charges then applicable to the services provided by Iron Mountain. Container Categorization List: Closed Containers(Small) Closed Containers(Large) Container-3480 Cartridge (Capacity 10) Container-Document Container-3480 Cartridge (Capacity=20) Container-Microfilm (Large) Container-4 mm Tape (Capacity—20) Container-Multi Utility (1-Large Large) Container-8 mm Tape (Capacity=20) Container-Optical Disk Container-Audio Cassette Container-Plastic(Large) Container-CD ROM Container-DLT (Capacity—20) Closed Containers(f'-Large) Container-DLT (Capacity=5) Container-PIastic(1-Large) Container-DLT(Capacity—14-Turtle) CitiHAU . WITH, TES, ' I pqge 4 Container-Floppy Disk 3 1/2" Closed('arts Container-Floppy Disk 5 1/4"(Capacity=4 boxes) Container-Floppy Disk 8"(Capacity—4 boxes) Cart-Cartridge 3480(Capacity -360) Container-Iron Mountain Muhl Media Cart-Cartridge 3480(Capacity-480) Container-Microfilm (Small) Cart-Cartridge Clipper 3480 Container-Multi Utility (Medium/Small) Cart-Cartridge DR 3480(Capacity=240) Container-Multi Utility (Small X-Small) Cart-Document Container-Single Tape Carl-Round Reel(Capacity= 120) Container-Tub(Small) Closed Containers(Wedium) Container-3480 Cartridge (Capacity=40) Container-Data Cartridge/Streamer Container-Magstar Container-Multi Utility (Large, Medium) Container-Round Reel Container-Tub(Medium) Term: The Term("Term")of the Agreement,of which this Schedule A is a part,shall commence on the date of the Customer's signature or,if later,the Contract Effective Date located on the front side of the Customer Agreement and continue for: 3 year(s)("Initial Term").Upon expiration of the Initial Term,the Term will continue with automatic renewals for additional successive one(1)year terms,unless written notice of non-renewal is delivered by either party to the other not less than thirty(30)days prior to the expiration dale of the then current Term.Storage rates shall remain fixed for the first year of this Agreement,and as of each anniversary of the ElTective Date thereafter,the Company will increase rates for storage and services provided under this Agreement. The increase in rates over the previous year by the Company to Customer will be based on the percentages set forth below and will be rounded up to the nearest whole cent as follows: Year 2: 5.00°o Year 3: 5.0006 General Notes • Questions?Contact: Colette Bliobenes, (214) 729-0200, colette_bliobenes��ironmountain.com. • Monthly estimate is based on a 4.33-week month. Services are billed as they are used, not on a flat fee basis, so the City only pays for what they use. It's also based on 201 tapes --the price per tape to store is good up to 500 tapes. Additional protected storage after 500 tapes will qualify for additional discounts. Closed Container Storage services can be used along with Open Media services. • Iron Mountain provides additional services such as greatly reduced prices on replacement tapes and other Data Products, confidential destruction, Disaster Recovery Support Services, and paper record storage to name just a few other services -all from one Vendor. • Pricing INCLUDES the free use of SecureSync secure web interface-a portal directly into Iron Mountain's SecureBase system,giving The City direct access to their account,the ability to place orders online, adjust their Authorized User ID List at their leisure, and the ability to create and maintain a full DR Plan as well as DR Test-all online and at no additional cost to The City. Off R. CITY, TEX. Media Vaulting Monthly Cost Estimate—est. based on daily service, and a 4.33-week month: Admin Total Price Description Code Price Per Qty per Month Transportation Scheduled Service—Monday thru Friday TRANSTR100 $27.00 Trip 21.65 $584.55 Total Transportation Monthly Cost Estimate S584.55 Vaulting Slotted Media—Active(price good up to 500 tapes) VAULTA 1000 $0.300 Slot 201 $60.30 Transport Containers *Transport-DLT(Capacity=20) CONTRP5000 $6.00 Transport 2 $12.00 Total Vaulting Monthly Cost Estimate S72.30 Media Management Handling-Transport Containers and Carts HANDL04000 $1.00 Item 43.3 $43.30 Media Handling-Active(with electronic file)estimated on 30 tapes going in/out each service day. HANDL01000 $0.250 Item 649.52 $162.38 Administrative Fee MAINTADMIN $20.00 Month 1 $20.00 Total Media Management Monthly Cost Estimate S225.68 Total Media Vaulting Monthly Cost Estimate $882.53 The estimate listed above is based on expected volume and activity levels. The actual storage volume and service activity,will impact monthiv billing..111 slotted media is billed in increments of 20 slots. City of Fort Worth Iron Mountain Individual Si n a)-(Ck Individual Signing_,, SignatureSignature n n w n n n An l C Q A Titletun , 05t)is , e A I VICE-PRESIDENT T Signing Date �'�" d'� Signing Date_ Ley / le Selling Selling Branch Admin to Complete: Pricing Contract No. Account No. Contract Effective Date I hw m/m,11111,floll twilt(ilot"i 11"r 'm is 11C'li!"CC)? l 11ii)l'U1;1' wid( in. "'i Fol'i I3 Orth. Attested By: APPROVED AS TO FORM AND LEGALITY. /J Marty Hendri. FY Secretary1 'Jiti�' � ASSISTANT CITY A TO NEY r ITE SE��ff"Uy City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/24/2005 DATE: Thursday, March 24, 2005 LOG NAME: 13PO4-0164 REFERENCE NO.: IP-10106 SUBJECT: Authorize Purchase Agreement for Offsite Magnetic Tape Storage with Iron Mountain Offsite Data Protection (Iron Mountain Records Management) for the Information Technology Solutions Department RECOMMENDATION: It is recommended that the City Council: 1. Authorize a purchase agreement for offsite magnetic tape storage with Iron Mountain Offsite Data Protection (Iron Mountain Records Management) for the IT Solutions Department; and 2. Authorize this agreement to begin April 1, 2005 and expire March 31, 2006, with options to renew for three additional one-year periods. DISCUSSION: In August 2004, the City of Fort Worth issued a Request for Proposals (RFP) for the provision of off-site storage and courier services to pickup and deliver magnetic tapes for the City's mainframe computer and network servers. The purpose of the proposal was to obtain a vendor who could provide turnkey services that included these major elements: 1. courier services; 2. a facility with certain security, environmental, fire detection and extinguishing standards; 3. after hours accessibility; 4. facility distance from City Hall; and 5. bonded employees. The elements for rating the vendor responses were developed after an inquiry process by IT Solutions staff to 15 cities and the Gartner Group. The process allowed the City to develop a rating scale based on best practices used by other governmental entities. There were two respondents to the RFP, Iron Mountain and Safeguard. Each vendor submitted complete responses and a team of four IT Solutions employees evaluated each vendor response. The selection of the vendor was based on the criteria listed above. A comparison of the vendors revealed that Iron Mountain has been providing these services over 52 years as compared to about two years for Safeguard. Iron Mountain's facility was unmarked, had a high level of security and met all environmental and fire detection/extinguishing needs. Iron Mountain provides secure drive-in bays for the loading and unloading of the tapes. This feature was not available through Safeguard. The Safeguard facility was a relatively small room (vault) inside a facility marked with the vendor name. Safeguard's provision for security for its facility was not as well developed. The distance from City Hall to the vendor location is a consideration for potential disaster issues. Iron Mountain's facility is approximately eight miles from City Hall, while the Safeguard facility is only about 2 miles. Another important factor was the staffing at the vendor facility. Iron Mountain is a 24 hour per day, 365 days per year operation. Safeguard is open from 7:30 a.m. to 5:30 p.m. Monday through Friday. The last element compared was whether the vendor employees were bonded. Iron Mountain employees are already bonded, while Safeguard indicated if required, it would bond its employees. Logname: 13PO4-0164 Page 1 of 2 After the review of the proposals and the site evaluations, the recommended vendor selection for this RFP is Iron Mountain. In every category except pricing, Iron Mountain rated higher than Safeguard. Iron Mountain's estimated cost to provide the service is $10,600-per year. Safeguard's estimated cost to provide the service is $6,600 per year. With all the factors combined, Iron Mountain provides the safest solution and best value for the City. BID ADVERTISEMENT - The Request for Proposals was advertised in the Commercial Recorder on August 4 and 11, 2004. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. RENEWAL OPTIONS - This agreement may be renewed for up to three successive one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Information Systems Fund. BQN\04-0164\LGS TO Fund/Account/Centers FROM Fund/Account/Centers P168 539120 0043020 $10.584.00 Submitted for City Manager's Office by: Richard Zavala (Acting) (6222) Originating Department Head: Jim Keyes (8517) Pete Anderson (8781) Additional Information Con Robert Combs (8357)Contact: Pete Anderson (8781) Logname: 13PO4-0164 Page 2 of 2