Agreement with Access Information Management Corporation 2G2I -3183c,
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
ACCESS INFORMATION MANAGEMENT CORPORATION
FOR
COMMERCIAL RECORDS MANAGEMENT, PURSUANT TO
RFP-2021-091-KB
T 's Professional Services Agreement ("Agreement") is entered into this 1 day of
r t t , 20 Z2 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and
ACCESS INFORMATION MANAGEMENT CORPORATION, a Massachusetts Corporation
whose principal address is 500 Unicorn Park Dr. #503 Woburn, MA 01801 ("Consultant").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to administer
this Agreement on behalf of the City. The City Manager's designee shall be
Maria Estevez, Procurement Department Assistant Director.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
independent consultant, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach RFP, No. 2021-091-
KB for Commercial Records Management, together with all amendments
thereto, issued by the City in contemplation of this Agreement RFP, and
the Consultant's proposal in response thereto ("Proposal"), all of which are
hereby incorporated and made a part hereof; provided, however, that in the
event of an express conflict between the Proposal Documents and this
Agreement, the following order of precedent shall prevail: this Agreement;
the RFP, and the Proposal.
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Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number(305) 673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described in Exhibit "A" hereto (the "Services").
Although Consultant may be provided with a schedule of the available hours to provide its
Services, the City shall not control nor have the right to control the hours of the Services performed
by the Consultant; where the Services are performed (although the City will provide Consultant
with the appropriate location to perform the Services);when the Services are performed, including
how many days a week the Services are performed; how the Services are performed, or any other
aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding
the foregoing, all Services provided by the Consultant shall be performed in accordance with the
terms and conditions set forth in Exhibit"A"and to the reasonable satisfaction of the City Manager.
If there are any questions regarding the Services to be performed, Consultant should contact the
following person:
Theresa Buigas, Contract Administrator, Procurement Department
TheresaBuiqas c(Dmiamibeachfl.gov
305-673-7000 X26601
AND
CLERKS REPRESETNATIVE
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit A hereto.
SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon execution of this Agreement by all
parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term of Three
(3) years, with Three (3) two-year renewal options, to be exercised at the City Manager's sole
option and discretion, by providing Consultant with written notice of same no less than thirty (30)
days prior to the expiration of the initial term.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services, as
same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto.
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SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant shall be compensated on a
fixed fee monthly basis per item, in accordance with the fees, as established in Exhibit B and
attached hereto.
4.2 ESCALATION: The initial rates set forth in Exhibit B shall remain constant for the Initial Term
of the agreement. Ninety (90) days prior to expiration of the Initial Term, the City Manager may
consider an adjustment to the preceding year's unit costs for the subsequent year. Any such
adjustments, if any, shall be based on a corresponding changes in the Consumer Price Index for
Miami - Ft. Lauderdale -West Palm Beach, as established by the United States Bureau of Labor
Statistics ("CPI"), or material adjustments to the scope or requirements of the RFP by the City,
including (but not limited to) living wage increases. In the event that the City Manager determines
that the requested adjustment is unsubstantiated, the Consultant agrees to perform all duties at
the current cost terms.
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five
(45) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice). Consultant provide monthly invoices showing the purchase
order number, and line items for storage and activity costs. Invoices shall detail charges by
box/pallet, item requested per department, monthly, and not by cubic feet. The departmental
invoices shall include a detailed list of all transactions by department. The total monthly cost for
each department will be billed to and paid by the department.
Invoices shall include a detailed description of the Services (or portions thereof) provided, and
shall be submitted to the City at the following address:
Accounts Payable: Payables(�miamibeachfl.gov
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to
terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of
this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default
remains uncured after ten (10)days, the City may terminate this Agreement without further notice
to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages
sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole
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option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to
be in its best interest in order to enforce the City's rights and remedies against Consultant. The
City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH
TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS
FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY,
IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS
DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE
DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN
NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES
UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE,
TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS
TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID
FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF
TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM
ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE
OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is placed
either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors.
In such event, the right and obligations for the parties shall be the same as provided for in
Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its
officers, employees, agents, and consultants, from and against any and all actions (whether at
law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions
or other wrongful conduct of the Consultant, its officers, employees, agents, consultants, or any
other person or entity acting under Consultant's control or supervision, in connection with, related
to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To
that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall pay
all costs and attorneys' fees expended by the City in the defense of such claims and losses,
including appeals. The Consultant expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the Consultant shall in no way
limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided.
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The parties agree that one percent(1%)of the total compensation to Consultant for performance
of the Services under this Agreement is the specific consideration from the City to the Consultant
for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this
indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
6.2.1 The Consultant shall maintain the below required insurance in effect prior to awarding the
agreement and for the duration of the agreement. The maintenance of proper insurance coverage
is a material element of the agreement and failure to maintain or renew coverage may be treated
as a material breach of the contract, which could result in withholding of payments or termination
of the Agreement.
A. Workers' Compensation Insurance for all employees of the Contractor as required
by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no
less than $1,000,000 per accident for bodily injury or disease. Should the
Contractor be exempt from this Statute, the Contractor and each employee shall
hold the City harmless from any injury incurred during performance of the Contract.
The exempt contractor shall also submit(i)a written statement detailing the number
of employees and that they are not required to carry Workers' Compensation
insurance and do not anticipate hiring any additional employees during the term of
this contract or(ii) a copy of a Certificate of Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including products
and completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence, and
$2,000,000 general aggregate.
C. Automobile Liability Insurance covering any automobile, if vendor has no owned
automobiles, then coverage for hired and non-owned automobiles, with limit no
less than$1,000,000 combined per accident for bodily injury and property damage.
D. Professional Liability (Errors & Omissions) Insurance appropriate to the
Consultant's profession, with limit no less than $1,000,000.
6.2.2 Additional Insured — City of Miami Beach must be included by endorsement as an
additional insured with respect to all liability policies (except Professional Liability and Workers'
Compensation) arising out of work or operations performed on behalf of the Consultant including
materials, parts, or equipment furnished in connection with such work or operations and
automobiles owned, leased, hired or borrowed in the form of an endorsement to the Consultant's
insurance.
6.2.3 Notice of Cancellation — Each insurance policy required above shall provide that
coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS
Insurance Compliance Services.
6.2.4 Waiver of Subrogation — Consultant agrees to obtain any endorsement that may be
necessary to affect the waiver of subrogation on the coverages required. However, this provision
applies regardless of whether the City has received a waiver of subrogation endorsement from
the insurer.
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6.2.5 Acceptability of Insurers — Insurance must be placed with insurers with a current A.M.
Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida
Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
6.2.6 Verification of Coverage — Consultant shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting coverage
required by this contract. All certificates and endorsements are to be received and approved by
the City before work commences. However, failure to obtain the required documents prior to the
work beginning shall not waive the Consultant's obligation to provide them. The City reserves the
right to require complete, certified copies of all required insurance policies, including
endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER ON ALL COI MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent,
EXIGIS, at:
Certificates-miamibeach(c�riskworks.com
6.2.7 Special Risks or Circumstances - The City of Miami Beach reserves the right to modify
these requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering
into this Agreement, Consultant and the City expressly waive any rights either party may have to
a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City of
this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
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Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of$10,000 for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Consultant shall exercise
that degree of skill, care, efficiency, and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services, Consultant shall comply with all applicable laws, ordinances,
and regulations of the City, Miami-Dade County, the State of Florida, and the federal government,
as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Consultant, without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be subject
to any application for copyright or patent by or on behalf of the Consultant or its employees or
sub-consultants, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal business
hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and
as often as the City Manager may, in his/her reasonable discretion and judgment, deem
necessary, there shall be made available to the City Manager, and/or such representatives as
the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any
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and all other documents and/or records relating to all matters covered by this Agreement.
Consultant shall maintain any and all such records at its place of business at the address set
forth in the "Notices" section of this Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established
the Office of the Inspector General which may, on a random basis, perform reviews,audits,
inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by
or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to subpoena
witnesses, administer oaths, require the production of witnesses and monitor City projects
and programs. Monitoring of an existing City project or program may include a report
concerning whether the project is on time, within budget and in conformance with the
contract documents and applicable law. The Inspector General shall have the power to
audit, investigate, monitor,oversee, inspect and review operations,activities, performance
and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Consultant, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City
is allocating a percentage of its overall annual contract expenditures to fund the activities
and operations of the Office of Inspector General.
(C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its
officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and records
in the Consultant's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from
and with successful subconsultants and suppliers, all project-related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal)
and contract documents, back-change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid
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documents and records.
(E) The Consultant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition(bid preparation)and performance
of this Agreement, for examination, audit, or reproduction, until three (3) years after final
payment under this Agreement or for any longer period required by statute or by other
clauses of this Agreement. In addition:
If this Agreement is completely or partially terminated, the Consultant shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Consultant shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Consultant, its officers, agents, employees,
subconsultants and suppliers. The Consultant shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Consultant in
connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Consultant or third parties.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service
under this Agreement without the prior written consent of the City Manager, which consent, if
given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor
any term or provision hereof, or right hereunder, shall be assignable unless as approved
pursuant to this section, and any attempt to make such assignment (unless approved) shall be
void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with
the City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Consultant shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race,
color, national origin, sex, age, disability, religion, income or family status.
Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public services
on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender
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identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, or political affiliation.
10.6 CONFLICT OF INTEREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County
Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code,
as may be amended from time to time; both of which are incorporated by reference as if fully set
forth herein.
Consultant covenants that it presently has no interest and shall not acquire any interest, directly
or indirectly, which could conflict in any manner or degree with the performance of the Services.
Consultant further covenants that in the performance of this Agreement, Consultant shall not
employ any person having any such interest. No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this Agreement or to any benefits arising
therefrom.
10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance
or in connection with the transaction of official business of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition
of"Consultant" as defined in Section 119.0701(1)(a), the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement,the Consultant shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Consultant keeps and maintains public
records upon completion of the Agreement, the Consultant shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's custodian
of public records, in a format that is compatible with the information technology
systems of the City.
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(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Consultant of the request,
and the Consultant must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
(2) Consultant's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3) avail itself of any available remedies at law or in equity.
(3) A Consultant who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Consultant to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Consultant the reasonable costs of enforcement, including reasonable
attorneys' fees, if:
a. The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Consultant
has not complied with the request, to the City and to the Consultant.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and with
evidence of delivery, which may be in an electronic format.
(3) A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOMIAMIBEACHFL.GOV
PHONE: 305-673-7411
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10.8 FORCE MAJEURE
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of
the Consultant or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to an
intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the City or Consultant's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately, upon
learning of the occurrence of the event or of the commencement of any such delay, but in
any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of
event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the
anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v)of
what course of action such party plans to take in order to mitigate the detrimental effects
of the event. The timely delivery of the notice of the occurrence of a Force Majeure event
is a condition precedent to allowance of any relief pursuant to this section; however,
receipt of such notice shall not constitute acceptance that the event claimed to be a Force
Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a
Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement
during a period when such party is rendered unable, in whole or in part, by Force Majeure
to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer
duration than is required. The party shall use its reasonable best efforts to continue to
perform its obligations hereunder to the extent such obligations are not affected or are
only partially affected by the Force Majeure event, and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the
extent its inability to perform is the direct result of the Force Majeure event with all
reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to the
Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure
occurrence, the City may, at the sole discretion of the City Manager, suspend the City's
payment obligations under the Agreement, and may take such action without regard to the
notice requirements herein. Additionally, in the event that an event of Force Majeure
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delays a party's performance under the Agreement for a time period greater than thirty
(30) days, the City may, at the sole discretion of the City Manager, terminate the
Agreement on a given date, by giving written notice to Consultant of such termination. If
the Agreement is terminated pursuant to this section, Consultant shall be paid for any
Services satisfactorily performed up to the date of termination; following which the City
shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue
of, this Agreement. In no event will any condition of Force Majeure extend this Agreement
beyond its stated term.
10.9 E-VERIFY
(A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Consultant shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during
the Term of the Agreement. Additionally, Consultant shall expressly require any
subconsultant performing work or providing services pursuant to the Agreement to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subconsultant during the contract
Term. If Consultant enters into a contract with an approved subconsultant, the
subconsultant must provide the Consultant with an affidavit stating that the subconsultant
does not employ, contract with, or subcontract with an unauthorized alien. Consultant
shall maintain a copy of such affidavit for the duration of the Agreement or such other
extended period as may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Consultant has knowingly violated Section
448.09(1), Florida Statutes,the City shall terminate this Agreement with Consultant
for cause, and the City shall thereafter have or owe no further obligation or liability
to Consultant.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultant otherwise complied with such
subsection, the City will promptly notify the Consultant and order the Consultant to
immediately terminate the Agreement with the subconsultant. Consultant's failure
to terminate a subconsultant shall be an event of default under this Agreement,
entitling City to terminate the Consultant's contract for cause.
(3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
(4) The City or Consultant or a subconsultant may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (B)(1) or
(B)(2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the City terminates the Agreement with Consultant under the foregoing
Subsection (B)(1), Consultant may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Consultant is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
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SECTION 11
NOTICES
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT: Access Information Management Corporation
General Counsel
500 Unicorn Park Dr. #503
Woburn, MA 01801
Email: clientsupport(�accesscorp.com
Ph: 904-528-0102
TO CITY: City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Alina T. Hudak, City Manager
Ph: 305-673-7000 ext. 26486
Email: alinahudakgmiamibeachfl.gov
WITH A COPY TO:
Procurement Department
1755 Meridian Ave. 3rd Floor
Miami Beach FL, 33136
Attn: Alex Denis, Procurement Director
Ph: 305-673-7490
Email: alexdenis(a�miamibeachfl.gov
All notices mailed electronically to either party shall be deemed to be sufficiently transmitted.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
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12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A party's waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed
to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties, the language has been agreed to by parties to express their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: .721(
Rafael E. Granado, City Clerk lina T. Hudak, y Manager
.,.,,E
Date: t [/242-2 _
1I14CORPORATED'
FOR CONSULTANT: ACCESS INFORMATION MANGAEMENT
CORPORATION
ATTEST:
DocuSigned by:n DocuSiggnneedd'by:
IXO
Y C11.CnCIWD4'8 \ V+00 G0n350"0D
Dan DeLauro Director of client Success Rich Langtry vice President
Print Name and Title Print Name and Title
3/15/2022 3/16/2022
Date:
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
3.A°14City ttorney Do% 1-S14-2-
at
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EXHIBIT A SCOPE OF SERVICES
Al. General Scope of Work. Consultant shall provide records retention services (offsite
storage, records inventory management, retrieval, pick-up/delivery, electronic records
management portal and destruction services) to all City departments, as requested by each
department, as detailed herein. Additional services are also desired, as selected by each
department, to include, but not necessarily be limited to, shredding and digitization of records.
All services shall be performed in strict accordance as outlined herein.
A1.1 Departmental Contract Managers. Records retention and related services are
managed independently by each city department. Each city department will assign a
contract manager who may coordinate all services with the consultant and approve
payments in accordance with contract pricing. However, departmental contract managers
are not authorized to: 1) amend the contract; 2) amend any contract term; 3) execute or
otherwise approve any additional service order, terms, or other requirements; or 4)
authorize any service not explicitly stated in the resulting agreement. By virtue of
submitting a bid, bidder understands and affirms that only the City Manager, or designee,
or the City Commission, at the City's discretion, may 1)amend the contract; 2)amend any
contract term; 3) execute or otherwise approve any additional service order, terms, or
other requirements; or 4) authorize any service not explicitly stated in the resulting
agreement. The Office of the City Clerk shall have access to all records retention and
related services.
A2.Applicable Standards. All services shall be provided in strict accordance with the following
standards, as applicable. Any deviation from these standards must be approved, in writing, by
the City Manager or designee. Where a conflict exists between the applicable standards and
the RFP, the City Manager's or designee determination shall be final and binding.
• NARA 36 CFR Part 1234— Facility Standards for Records Storage Facilities
• Schedule GS1-SL - State of Florida General Records Schedule for State and Local
Government Agencies
• Schedule GS2 - State of Florida General Records Schedule for Law Enforcement
• Schedule GS3 - State of Florida General Records Schedule for Election
• Schedule GS8 - State of Florida General Records Schedule for Fire Departments
• Schedule GS11 - State of Florida General Records Schedule for Clerks of Court
• Schedule GS14 - State of Florida General Records Schedule for Public Utilities
A3. Off-site Records Retention Services. The consultant shall provide the following services
relating to off-site record retention. Any desire on the part of the bidder to deviate from any of
the services indicated below must be clearly articulated in the proposal and the resulting
agreement. The City reserves the right to reject any deviation. Failure to clearly articulate any
deviation shall be interpreted as the bidder's full acceptance of the stated scope of work.
A3.1. Warehousing and Inventory Management of Records. In addition to compliance
with the aforementioned standards, the facility(ies)where records are to be stored, as well
as the protection of records, shall comply with the following requirements:
a. Facility(ies) shall be located within a 45-mile radius of the City.
b. Have sufficient space to accommodate the City's current inventory of stored
records, including 46,055 cubic feet plus 20% for growth for a total of a minimum
available cubic feet of approximately 56,000.
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c. Temperature in vault areas must meet recommended best practices (temperature
between 68-72 degrees Fahrenheit).
d. Must have impact proof windows or shutters or no windows in any stack areas.
e. Consultant shall enforce policies that protect sensitive, confidential and/or exempt
records according to State law, including but not limited to:
• CCTV cameras in all areas of access and areas where City records are
stored with at least 12-month access to video recordings.
• Employees and visitors should be issued identification badges to be visible
at all times.
• All visitors should be required to sign in and be escorted by records facility
staff.
• Boxes meeting the above criteria (as identified by City Department) may
be required to be tape sealed prior to being placed in storage and/or require
restricted access.
A3.2. Initial Pick-up (Contract Commencement). Within 7 days of notification from the City,
the consultant shall coordinate with the incumbent to transfer all records to the consultant's
facility. The full transfer of all records shall occur within 21 days of notification from the City,
unless otherwise agreed to by the City in writing. The consultant shall verify that all records
on the inventory listing provided by the incumbent have been safely transferred to the
consultant's facility. The consultant shall provide an initial inventory listing to the City.
a. Transition from Current Service Provider. At the commencement of the contract, the
consultant shall submit a Transfer Plan detailing the coordination of the transfer process
with the incumbent vendor from the current facilities to the new facility. The City will
review and approve the plan prior to scheduled implementation.
The consultant must communicate with the incumbent vendor and assume full
responsibility for the transfer of all the City's records stored at its current storage facility
to the consultant's facility. The responsibility includes new bar coding, shelving and
inventory upload, labeling, data entry and inventorying for the boxes to be stored at the
vendor's facility at the beginning of the contract period. The consultant should include in
its response the process for acquiring the client's boxes from the current facility and a
timeline for the process. Consultant must include all costs related to this
requirement in the vendor response.
At no cost to the City, the consultant will replace boxes damaged during transfer from
the City's incumbent vendor to the consultant's facilities. Should such damage occur;
the consultant shall furnish a report to the department/division detailing which boxes
were damaged and replaced. Consultant must have ability to index at the file level and
link files to original cartons in the same system. Throughout transfer the consultant will
provide a single point of contact and weekly receipt acknowledgements of inventory
received. Upon successful completion of the transfer, the Consultant will supply to the
department/division a final inventory report of the boxes moved to the new storage
facility. This inventory report will list boxes by department name, reference number and
description of contents as well as a total number of boxes received.
The consultant will be expected to provide direct training services for the users from the
City of Miami Beach. The consultant may employ computer-based training (i.e. webinar).
In addition, a user guide (manual) shall be made available for City staff. Consultant
must include all costs related to this requirement in the vendor response.
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b. Electronic Listing and Portal. Consultant shall provide an online inventory management
/ ordering system that allows the City to view and manage inventory and place orders
electronically. Electronic portal that indexes files by category, description, destruction
date, department, division, unit, team,and other fields as needed, shall be fully operational
within 30 days of notification by the City. The initial inventory listed on the electronic portal
shall match the initial inventory listing provided by the consultant, plus any new records
that may have been transferred from the City to the consultant. The electronic listing/portal
shall allow unlimited users access to the database with prior approval of the departmental
contract manager. User authorization form must be completed prior to inventory retrieval
(Exhibit C).
c. Reports. Canned (i.e. inventory, invoices, payment history, and work orders)and custom
reporting shall be made available as needed. Consultant shall also produce a listing to
City Departments of records eligible for destruction annually based on the prescribed
retention schedule from the information. All reports shall have the ability to be exported as
an Excel, CSV, or other applicable file format. All reports shall be at no additional cost
to the City.
A3.3. Routine Pick-up and Retrieval. Routine pick-up and retrieval services shall consist, at
a minimum, of the following:
a. Deliver boxes in the sizes indicated on the cost proposal, as required by City
departments, within three days of request.
b. Within three days of request, consultant shall pick-up box/pallet from designated sites
within three (3) business days from the time of request, or as mutually agreed at time
of request. No minimum on pick-ups is allowed.
c. Provide departmental/division barcode sheet(s)for record management as needed.
d. Provide emergency delivery within twenty (24) hours per box/pallet upon the City's
request.
e. Provide retrieval and refiling of box(es)at the consultant's facility.
f. Provide su•'lies as indicated on the cost •ro•osal as re•uired b Cit de•-rtments.
Item tipccitication
Regular Delivery Order by 3:00 PM—Delivered Within 2 Business Days by 5pm.
Ex.Order placed Monday by 3pm,Order delivered by Wednesday at 5pm
Next Day Delivery Order by 10:00 AM—Delivered Within I Business Day by 5pm.
Ex.Order placed Monday by loam,Order delivered by Tuesday at 5pm
Rush Delivery Order from 8:00 AM-2:00 PM—Delivered within 3 hours of placement of
order.
After Hours/Weekends/Holidays/Emergency Order after 2:00 PM,or on weekends/holidays—Delivered within 4 hours of
placement of order.
A3.4. Identification.
a. Upon receipt of the box, consultant shall provide new bar coding, shelving, labeling,
data entry and inventorying with searchable Optical Character Recognition (OCR)for
the boxes to be stored at the vendor's facility. Electronic portal shall track the following
individual box content detail for each item stored, which may include but are not limited
to the following:
1. Provided by Consultant:
i. Scan the barcode and add to inventory;
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ii. Date added to inventory;
iii. Requestor(i.e. name of employee requesting inventory);
iv. Record retention title and schedule. (e.g., Receipt/Revenue Records:
Detail, GS1-SL— 365);
v. State retention period (e.g., 5 fiscal years);
vi. Destruction Schedule (i.e. destruction reminder);
vii. Status of record (i.e. in or out);
viii. Provide customizable fields as needed.
2. Provided by City:
i. Description of record (e.g., checks, solicitation detailed description,
project);
ii. Category of records (i.e. employee, payroll, contracts, solicitations);
iii. Location of record (i.e. department, division, facility);
iv. Inclusive date of records (e.g., 10/1/2016-9/30/2017);
b. Consultant shall work with the City Departments to develop acceptable inventory
identification which meets their departmental needs.
A3.5 Records Destruction.
a. Consultant shall provide destruction of physical records in accordance with the applicable
standard, statutes, and requirements listed below:
1. Destruction of sensitive, confidential and/or exempt records (to be identified by City
Department) must be carried out in a secure manner(e.g. shredding or other secure
method as approved by the City).
2. Records may only be destroyed or otherwise disposed of in accordance with retention
schedules established by the Division of Library and Information Services of the
Florida Department of State and subsequent procedures for authorization set forth by
the City of Miami Beach's Office of the City Clerk to ensure the appropriate disposition
of records eligible for destruction.
3. It is City policy that no record may be mutilated, destroyed, sold, loaned or otherwise
disposed of without the approval of the City of Miami Beach's Office of the City Clerk.
4. Consultant may not destroy or otherwise dispose of any record without a Records
Destruction Request authorized by the City of Miami Beach's Office of the City Clerk,
which is to be provided to consultant by the requesting City Department.
5. Consultant shall comply with Chapter 257.36 (6) of the Florida Statutes which states,
"A public record may be destroyed or otherwise disposed of only in accordance with
retention schedules established by the division."
6. Florida Administrative Code 1624.003, Public Record Scheduling and Dispositioning
requires that disposition processes must be carried out in accordance with State
statutes and rules.
7. The City will initiate the records disposition request. Upon destruction of the records,
the consultant must provide certificate of destruction including the following
information:
• Disposition Action and Date Completed After Authorization
• Signature, name and title, and date.
8. Dispose/destroy records and provide the 1)completed Records Destruction Document
and 2) a certificate of destruction or receipt for each destruction request to the Office
of the City Clerk and a copy of each to the corresponding Departments within 15 days
after the request is made.
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9. Provide a report with information on the amount of shredded materials that are being
recycled and the recycling facility used.
A3.6. Protection of Property. Consultant will at all times guard against damage to or loss of
property belonging to the City of Miami Beach, pursuant to NARA 36 CFR Part 1234— Facility
Standards for Records Storage Facilities. Subject to the liability cap, it is the responsibility of
the successful consultant to replace or repair any property lost or damaged by any of its
employees. The City of Miami Beach may withhold payment or make such deductions as it
might deem necessary to ensure reimbursement for loss or damage to property through
negligence of the successful consultant, its employees or agents.
a. Consultant shall immediately notify City Departments in the event of any records
contamination/damage in order to initiate restoration. The notice should provide the
City with specific information regarding the damaged records such as:
1. A description of the records,
2. Their location and quantity,
3. The nature of the contamination/damage,
4. Dates of records (if known),
5. Office maintaining damaged records,
6. A statement of exact circumstances surrounding the damage to the records,
and
7. When appropriate include details of the actions taken to salvage, retrieve, or
reconstruct the records, and a statement addressing the safeguards
established to prevent any further loss of documentation.
If the City determinations that the records must be destroyed, the City will notify the agency
of the approval to immediately destroy the records. If the City does not agree that the
contamination/damage must be eliminated by destruction of the records, the City will advise
the consultant on remedial action to address the contamination/damage.
A3.7 End of Contract Transfer. Upon expiration or termination of contract resulting from this
solicitation, the consultant shall be required to coordinate with any subsequent consultant to
ensure seamless transfer of records. There shall be no additional costs to the City for contract
expiration or termination. The incumbent shall provide all equipment, materials, labor and
transportation that may be necessary to un-shelve (if applicable) existing records; and to
transfer, inventory and label those records, within a 30-60 day transition period, to the
subsequent consultant's storage facility(ies).
A4. Additional Services.
A4.1 Shredding. Consultant shall provide secured shredding storage bins and conduct onsite
shredding services for the City, when requested. Shredding documentation shall include, but
not limited to, paper, folders, books, pamphlets, etc. Consultant shall collect and shred highly
sensitive documents onsite at locations located within the boundaries of the City of Miami
Beach. Consultant shall collect and shred documents when requested by the City. Shredding
bin sizes/quantities shall be flexible to accommodate need, including weekly/biweekly/monthly
service. Shredding will be done during business hours and business days. Consultant will
work with City Departments to determine the day of the week pickup will occur. Shredding
shall be done during normal business hours, 8:30 AM to 5:00 PM Eastern Time, Monday thru
Friday, excluding federal holidays or as ordered by the City Department. Shredding done
outside of the normal business hours and/or ordered up and above the schedule must be
approved by the City Department.
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The shredded material shall be recycled, and the consultant shall provide a report on the
amount (weight)of materials being recycled and the recycling facility being used.
A4.2 Scanning/Digitization/Conversion.
a. Consultant shall have the ability to scan, index, and transfer documents that will require
scanning services (as needed basis by department request).
b. Consultant shall electronically handle the transfer of electronic documents that have been
scanned (FTP, CD, Flash Drive, etc.).
c. Convert from hardcopy (paper) to electronic certain City Records. Consultant will provide
the technology and labor to successfully achieve this objective. An "image" is one side of
a sheet of paper. A"page" is a single sheet of paper.
A5. Special Conditions
A5.1. Additional Services. Services not specifically identified in this request may be added
to, or deleted from, any resultant contract upon successful negotiations and mutual consent
of the contracting parties, and approval by the City Manager or City Commission as
determined by city.
A5.2. Licenses, Permits and Fees. The consultant shall obtain and pay for all licenses,
permits and inspection fees required for this project; and shall comply with all laws,
ordinances, regulations and building code requirements applicable to the work contemplated
herein. Damages, penalties and or fines imposed on the City or the consultant for failure to
obtain required licenses, permits or fines shall be borne by the consultant.
A5.3. Consultant Personnel. The Consultant shall conduct a full criminal background check
at its own expense on each of its employees engaged in providing services under this RFP or
any resulting Agreement prior to the commencement of said services. Any Consultant
employee eligible to perform work pursuant to this RFP, or resulting Agreement, shall require
the prior approval of the HR Department if he or she: (1)has been convicted of or was placed
in a pre-trial diversion program for any crime involving dishonesty or breach of trust;
embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury; possession of stolen
property; identity theft;fraud; money laundering;shoplifting; larceny;falsification of documents
and/or(2) has been convicted of any sex, weapons, or violent crime including but not limited
to homicide; attempted homicide; rape; child molestation; extortion; terrorism or terrorist
threats; kidnapping; assault; battery; and illegal weapon possession, sale or use. The
Consultant shall defend, indemnify and hold the City, its officers, employees, and agents
harmless from and against any and all liability, loss, expense(including reasonable attorney's
fees)or claims for injury or damages arising out of its failure to comply with this requirement.
A5.3.1. The Consultant shall employ personnel competent to perform the work specified
herein. The City reserves the right to request the removal of the Consultant's employee's
from performing maintenance on the City's grounds where the employee's performance
or actions are obviously detrimental to the program. Consultant's personnel must wear
photo identifications at all times.
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EXHIBIT B FEES
Refer to
No. Exhibit Unit of Measure Description
A
TRANSITION
TRANSITION FROM CURRENT SERVICE
3.2 LUMP SUM PROVIDER(LABELING, SHELVING, BAR No Cost
CODING, INVENTORY UPLOAD)
Refer to
No. Exhibit Unit of Measure Description Price Per Unit
A
PICK-UP, DELIVERY, RETRIEVAL, REMOVAL AND NEW ADDITIONS
2 3.3 PER BOX INITIAL PICK-UP REQUEST(NEW) $ 0.50
3 3.3 PER PALLET INITIAL PICK-UP REQUEST(NEW) No Cost
4 3.3 PER BOX REGULAR PICK-UP (REFILE) $ 0.75
5 3.3 PER BOX RETRIEVAL REQUEST FROM WAREHOUSE $ 0.75
(REGULAR DELIVERY)
6 3.3 PER BOX NEXT DAY DELIVERY $1.50
7 3.3 PER PALLET NEXT DAY DELIVERY $1.50
8 3.3 PER BOX RUSH DELIVERY $3.00
9 3.3 PER PALLET RUSH DELIVERY $3.00
AFTER
10 3.3 PER BOX HOURS/WEEKENDS/HOLIDAYS/EMERGENCY $ 5.00
DELIVERY(WITHIN 24-HOURS)
11 3.3 PER PALLET EMERGENCY DELIVERY(WITHIN 24-HOURS) No Cost
12 3.5 PER BOX PERMANENT DESTRUCTION No Cost
13 3.5 PER PALLET PERMANENT DESTRUCTION No Cost
14 3.5 PER BOX PERMANENT DESTRUCTION OF BOX NOT IN $1.25
WAREHOUSE STORAGE
Refer to
No. Exhibit Unit of Measure Description Price Per Unit
A
MONTHLY WAREHOUSE STORAGE
10 3 MONTHLY 1 CUBIC FOOT BOX $ 0.11
11 3 MONTHLY 2 CUBIC FOOT BOX $ 0.11
12 3 MONTHLY 3 CUBIC FOOT BOX $ 0.11
13 3 MONTHLY 5 CUBIC FOOT BOX $ 0.11
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DocuSign Envelope ID:B39C3843-C18D-4E3B-B2D8-917D7EA99DF4
14 3 MONTHLY ARCHIVE-VAULT STORAGE $ 1.00
15 3 MONTHLY CHECK BOX $ 0.11
16 3 MONTHLY LEGAL BOX $ 0.11
17 3 MONTHLY LEGAL TRANSFILE BOX $ 0.11
18 3 MONTHLY LETTER BOX $ 0.11
19 3 MONTHLY LETTER TRANSFILE BOX $ 0.11
20 3 MONTHLY ROLLED DRAWING BOX(4X4) $ 0.11
21 3 MONTHLY STANDARD BOX $ 0.11
22 3 MONTHLY STORYBOARD BOX $ 0.11
23 3 MONTHLY TUBES 4" $ 0.11
24 3 MONTHLY X-RAY BOX $ 0.11
Refer to
No Exhibit Unit of Measure Description Price Per Unit
A
ADDITIONAL SERVICES
25 4.1 PER BIN (64 GALLON) SHREDDING $ 8.50
26 4.1 PER BIN (95 GALLON) SHREDDING $ 12.00
27 4 1 PER BIN (24" SHREDDING $ 4.00
EXECUTIVE)
28 4.1 PER BIN (40" SHREDDING $ 4.00
EXECUTIVE)
29 4.2 PER SHEET(LETTER) SCANNING AND DIGITIZATION AND $0.05 0.10
CONVERSION
30 4.2 PER SHEET(LEGAL) SCANNING AND DIGITIZATION AND $0.05-0.10
CONVERSION
31 4.2 PER SHEET(LEDGER) SCANNING AND DIGITIZATION AND $0.05-0.10
CONVERSION
32 4.2 PDF file and a TIFF SCANNING AND DIGITIZATION AND $ 25
image CONVERSION
24
DocuSign Envelope ID:B39C3843-C18D-4E3B-B2D8-917D7EA99DF4
EXHIBIT C AUTHORIZED USER FORM
ACCOUNT AUTHORIZED USER FORM- FILEBRIDGE Access
Ar<eu rOM 10'ACCAA01 REVISED 02 21 2021
Al Altos we rase u:; d e menl id Pranerhn)N,••.. ,.. n ,. .e•a sa•,tnrna order .r or,a r r•.rp:,. tn. r,..a fee t.aip1eten••,.•'.s•at, •4 n..•
yOW<dtllpany vend 4s an ernStor.e4t00•area.4er and 4 Jae 10 maws Change:to the account.Only user>added ti ma emnprav fun,w•11 oe•110wed Jut.10 me xc4..nr aced bete•
�30.Se check o1Kt of the loon,l.g :ADO THIS USER DELETE 1H15 USER 1 CHANGE USER STATUS
•au>L1 nt _ LEVEL 0 LEVEL I )LEVEL 2 ()LEVEL 3 LEVEL 4 IJ LEVEL Sa LEVEL Sb `-)LEVEL 6 •
pease L!.:u nr of are follomeit C)ADO THIS USER DELETE THIS USER ''CHANGE USER STATUS
mass...CM• CJ LEVEL 0 LEVEL 1 1 LEVEL 2 _LEVEL I i LEVEL 4 O IEVH Sa ("LEVEL Sb ((LEVEL 6
Pease check one 0l One follow,ng. C)ADO THIS USER r)DELETE THIS USER /CHANGE USER SIAIUS
Access uvu LEVEL 0 _LEVEL 1 r LEVEL 2 LEVEL 3 'LEVEL a '1 LEVEL Sa "LEVEL Sb ')LEVEL 6
Plcaso check one of the follIDAATEL ADD THIS USER ..)DELETE THIS USER CHANGE USER STATUS
A4<cfS uwt LEVEL 0 LEVEL 1 LEVEL 2 LEVEL 3 �LEVEL 4 LEVEL Sa •_�LEVEL Sb ()LEVEL*
•
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Client First Name,Last Name(Please Print Name) Client Signature&Date
Client Direct Phone Number Client Email Address
.•:Cjy"a:ey,wr.;_e 'A. 0.14'.^r lP•f Attes:AOYs.„ed Eder loam rpmdrrgJ ielweunlelwe... .u.,....,4 :6011 ap rw.e u•e nrtfl, (AT n4NWn,'p mty.0nl 0•1,10
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File BRIDGE Questions regarding this form?Please contact Access Information dt 888.869.2767
r•+.t Jr;,Iru-a and signed form to'clientsupport@accesscorp.com
by Access Unsigned forms will De rejected and not processed III., . . ..
FOR ACCESS USE
J KEYED BY_ _ _NOTES PAGE OF
25
DocuSign Envelope ID:B39C3843-C18D-4E3B-B2D8-917D7EA99DF4
I' '\ I AM I BEACH Contract/Document Routing Form
Contract No. Title
21-091-01 COMMERCIAL RECORDS MANAGEMENT
ACCESS INFORMATION MANAGEMENT CORPORATION d/b/a CITYWIDE
ACCESS
+epartment Director Name&Signature MEV ACM Name&S(
ALEX DENIS MARK TAXIS
920 it(Atbett4CU_. F9Auu5-18}1AA41A
Document Type(Select One)
X Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Other:
Brief Summar &P ..
On September 17,2022,the Mayor and City Commission,pursuant to resolution 2021-31836 approved the award of a contract
to ACCESS Information Management Corporation d/b/a ACCESS for commercial records management upon conclusion of
successful negotiations by the administration.
The Agreement has been form approved by the City Attorney's Office and fully executed by the vendor. Pursuant to the
authority established in the Resolution,this item seeks the City Manager's signature to finalize the contract execution process.
Original Term Renewal Periods Total Term(Original+Renewals) ,
Three(3)years Three(3)two-year 9 years
_ Funding Information jur-
Grant Funded: Yes X No - State - Federal le Other: N/A
Cost&Funding Sour
Year Annuli Account Require Enhancement ,
1 SEE ATTACHMENT FOR FUNDING SOURCE N/A Yes N/A No
2 N/A Yes N/A No
3 N/A Yes N/A No
4 N/A Yes N/A No
5 N/A Yes N/A No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3.Budget approval indicates approval for current fiscal year only.Future years are subject to City Commission approval of
annual adopted operating budget.
Authority to Sign
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2021-31836 C7C 9/17/2021
If no,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
Compliance Approvals(see attached)
Procurement: Alp Denis Grants:N/A
Rlex LiAis
E7 7 eEE DocuSigned b
Budget: Tainka Otto Information Technology:
taitAa.a � . 9uNcuit
020134AG10CE1 .3...
DocuSign Envelope ID:B39C3843-C18D-4E3B-B2D8-917D7EA99DF4
Risk Management: N/A Fleet&Facilities:
Human Resources: Other: (Ds
N/A
Kristy Bada
DocuSign Envelope ID:B39C3843-C18D-4E3B-B2D8-917D7EA99DF4
FY Year PO Estimated PO for
Department 1st GL Account Access(Prorated
Order Amount
for 5 months)
Asset Management 011-0534-000343 300.00 125.00
Asset Management 011-0534-000343 300.00 125.00
Building 410-1510-000323 5,000.00 2,083.33
CIP 011-0820-000343 2,500.00 1,041.67
City Attorney 011-1410-000343 1,200.00 500.00
City Attorney 011-1410-000343 4,200.00 1,750.00
City Clerk 011-0210-000323 3,000.00 1,250.00
City Manager 011-0310-000325 746.32 310.97
Code Compliance 011-1520-000312 2,200.00 916.67
Finance Administration 011-0360-000349 7,500.00 3,125.00
Fire Suppression 011-1210-000325 1,500.00 625.00
Fleet Management 510-1780-000325 350.00 145.83
Grants Management 011-0650-000323 300.00 125.00
Greenspace Management 011-0940-000325 230.00 95.83
Housing Community Services 136-0530-000312 1,460.00 608.33
HR 011-0370-000343 2,500.00 1,041.67
HR 011-0370-000343 4,000.00 1,666.67
Mayor and Commission 011-0100-000324 650.00 270.83
OIG 160-0330-000343 135.00 56.25
Parking Administration 480-0461-000325 6,600.00 2,750.00
Parks and Recreation 011-0950-000343 2,000.00 833.33
Planning 011-0520-000343 6,000.00 2,500.00
Police 011-1150-000312 12,300.00 5,125.00
Procurement 011-0620-000343 6,290.00 2,620.83
Property Management 520-1720-000325 1,000.00 416.67
Property Management 520-1720-000325 11,250.00 4,687.50
PW Engineering 011-0815-000343 2,223.64 926.52
PW Operations Storm Water 427-0427-000325 3,000.00 1,250.00
PW Sanitation 435-0430-000341 1,000.00 416.67
*Please note-Some funds may not be available until the current document
management provider(GRM)PO is closed. The prorated amounts are based on
document storage for the remainder of the fiscal year. Implementation will be ongoing
citywide until all documents are transferred to an Access facility.