Agenda 09/13/2011 Item #16E 4W
9/13/2011 Item 16.E.4.
EXECUTIVE SUMMARY
Recommendation to waive the formal competitive process in the best interest of
the County and approve a negotiated contract with Robert Flinn Records
Management Center (approximate annual spend: $48,000).
OBJECTIVE To obtain records retention, storage and retrieval services in a cost
effective and responsive manner for County departments and Constitutional offices.
CONSIDERATIONS: Florida Statute requires County departments and Constitutional
offices to maintain a records retention program. The County has begun an aggressive
electronically stored data media program; however, several County departments and
Constitutional offices have approximately 11,000 boxes of paper copy documents .
stored in a warehouse off the main County government complex.
On May 5, 2011, the Purchasing Department posted ITB 11 -5701 and sent 107 email
notices to providers of these services; forty eight (48) vendors downloaded the .bid. On
June 9, 2011, the Purchasing Department opened bids with a total of four (4) vendors
responding. ;Line item pricing, based on April 2011 data, were added together and
extended over twelve (12) months to determine the overall lowest bidder. Local
vendor's bids were greater than 10 %, of the lowest quote and therefore, did not apply.
A bid tabulation sheet is attached for review which indicates that International Data
Depository, Miami, Florida was the overall lowest bidder; the current provider, Robert
Flinn Records Management Center, a local vendor, was the second lowest bidder.
In evaluating the total costs to move the records from the current storage location
(Robert Flinn Records Management Center, Naples, FL) to a new location (international
Data Depository, ' Miami, FI) additional costs, including: the cost to pull all records,
remove from current site inventory (approximately $23,000) and move to the Miami
warehouse and additional non - productive staff time to travel to Miami to visually inspect,
retrieve and /or manage the County's records retention policy.
In consideration of the total costs, Purchasing staff rejected the bid offers received by all
vendors and negotiated a new contract with Robert Flinn Management Center which
included a more advantageous rate ,schedule, contract terms, and a specified storage
removal fee at the end of the five -year contract period. These negotiations resulted in
an estimated .ten (10 %) reduction over the current storage contract.
Staff recommends that the Board waive the formal competitive process as provided in
section V. A. 4 of the Purchasing Policy, and approve a negotiated contract with Robert
Flinn Records Management Center, Naples, FL.
Packet Page -2628-
n
9/13/2011 Item 16.E.4.
LEGAL CONSLOF ATION: Section V.A.4. of the Collier County Purchasing Policy
authorizes the Board to waive the requirement for formal competition where it is
determined to be in the best interests of the County to do so. This item has been
reviewed and approved by the County Attorney's Office, is legally sufficient for Board
action and only requires a majority vote for approval —SRT.
FISCAL IMPACT: The cost of these services for County departments is approximately
$28,000 annually and' $20,000 for Constitutional offices, based on the approved
budgets. Funds are budgeted in the various departments in the FY 2011 -12 department
cost centers.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County, Commissioners 1.) waives the formal
competitive process, 2.) approves a negotiated, County Attorney reviewed contract (see
Memorandum of Understanding, attached), and 3.) authorizes the Chairman to execute
the attached contract with Robert Flinn Records Management Center, Naples, Florida.
PREPARED BY: Joanne Markiewicz, Acquisitions Manager
ATTACHMENTS: Bid Tabulation; Contract.
Packet Page - 2629
9/13/2011 Item 16.E.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.4.
Item Summary Recommendation to waive the formal competitive process in the best
interest of the County and approve a negotiated contract with Robert Flinn Records
Management Center (approximate annual spend: $48,000).
Meeting; Date: 9/13/2011
Prepared By
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition Purchasing & Gene
8/3/2011 12:19:28 PM
Submitted by
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Name: MarkiewiczJoanne
8/3/201112:19:29 PM
Approved By
Name: SmthKristen
Title: Administrative SecretaryRisk Management
Date: 8/3/2011 1 :47:26 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 8/8/20118:00:38 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 8/11/20119:44:21 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 8/23/20115:11:21 PM
Packet Page -26#0-
9/13/2011 Item _ 16.E.4.
�1 Name: PriceLen
Title: Administrator - Administrative Services,
Date: 8/29/20119:54:02 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 8/30/2011 1:12:21 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/30/20114:09:01 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 9/2/2011 11 :38:49 AM
Name: OchsLeo
Title: County Manager
Date: 9/2120112:23:06 PM
I
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9/13/2011 Item 16.E.4.
C�a�er Co�tt�
Adnyrtisira� Services E)ivision
Purchasing
August 2, 2019
Jeremy R. Flinn, President
Robert Flinn Records Management Center, Inc.
P. O. Box 12049
Naples, Florida 34101
Telephone: 239 -643 -2329
FAX: 239 -643 -6428
Email: }flinn @robertflinn.com
Re: Memorandum of Understanding for 11 -5755
Mr. Fli
This Memorandum of Understanding is to document the mutual agreement between Collier
County, hereinafter called the "County° and Robert Flinn Records Management Center, Inc,
hereinafter called the "Vendor." This Memorandum of Understanding and attached County
Purchase Order Terms and Conditions (see Attachment 1) shall serve as the contract and
guiding principles of work performed by the Vendor for the County commencing October 23,
2011.
Statement of Work
As a part of this record storage and retrieval program, the successful vendor must provide
the following services:
1. All necessary labor, materials and equipment to retrieve, deliver, and store a variety
of paper and electronic records for County Departments and Constitutional offices.
2. Supplies, including cartons; chart tubes; and small, medium and large storage boxes.
3. Monthly invoicing to the County. The single invoice must include a service
breakdown by individual County department or Constitutional office:
a. Name of department or office
b. Service description
c. Quantity of each service described
d. Unit price of each service described
e. Total by each service described
f. SUBTOTAL of all services for the department or office
g. TOTAL of all services for all departments and offices
4. An invoice summary page listing all departments and offices and their total monthly
storage fee and any additional services provided for that month. Additional services
Pwhw q OepwWv1- 3327 TwN&rnl Trait East - Napfes. Florida 3012.4901 • www co1hergmr.naVpumhiW0p
Packet Page -2634-
Term
9/13/2011 Item 16.E.4.
are defined as: the cost to purchase additional storage material; removal /destruction
(including destruction memo); indexing / data entry; retrieval or return of items; and
one -way delivery/pick -up fees.
5. Storage Facility: Storage facility should have adequate security measures in place to
guarantee the safekeeping of all County documents from break -ins, floods, fire and
any other natural or unnatural disasters.
6. Response Times: The vendor shall be accessible via pager, cellular telephone or
other means to County departments and Constitutional offices, during the entire term
of the Contract.
7. Regular service shall be made available between the hours of 8:00 a.m. to 5:00 p.m.,
Monday through Friday, excluding County recognized holidays. The County reserves
the right to invoke an "emergency" when necessary. Response time in an
"emergency" will be a maximum of four (4) hours.
8. Provision of Service: Vendor will provide a form which may be faxed / emailed for
vendor's services. Service will be provided as follows: Order's faxed/emailed prior
to 12 Noon shall be completed the same day. Orders faxed or emailed after 12
Noon shall be delivered before 11:00 a.m. the next business day.
The contract shall commence on October 23, 2011 for a two (2) year initial term. The
County reserves the right to renew said contract with consent of the Vendor for an
additional three (3) one (1) year contract periods under the same terms and conditions.
Insurance (updated insurance certificate(s) shall be required throughout the contract period)
The Vendor shall provide insurance with the County being named as Additional Insured as
follows:
• Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
• Commercial General Liability: Coverage shall have minimum limits of $1,000,000
per occurrence, combined single limit for bodily injury liability and property damage
liability. This shall include premises and operations; independent vendors; products
and completed operations and contractual liability.
• Indemnification: To the maximum extent permitted by Florida law, consultant shall
indemnify and hold harmless owner, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of consultant or anyone employed or
utilized by the consultant in the performance of this Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
• Automobile Liability: Coverage shall have minimum limits of $1,0001000
• Valuable Papers Insurance: Coverage shall have minimum limits of $1,000,000
per occurrence.
Packet Page -2635-
Prices
See Attachment 2
If you have any questions, please contact me at the information below.
Respectfully,
4
C�ne Mar kiewicz, Acq isitio a
Email: ioannemarkiewicz(d- collieraov .net
Telephone: (239) 252 -8975
FAX: (239) 252 -6480
Packet Page -2636-
9/13/2011 Item 16.E.4.
- -- 9/13/2011 Item 16.E.4.
County and Vendor agree that the foregoing Letter of Understanding is the product of mutual
negotiation between County and Vendor.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
VENDOR:
Jeremy R. Flinn, President
Robert Flinn Records Management Center, Inc,
P. O. Box 12049
Naples, Florida 34101
TWO WITNESSES: n
&!!� z By:
FIRST WITNESS
ie D J
T pe /Print Name and Title
Type /Print Name /
Date:__ z o 11
SECOND WITNESS
V Iii P)C (� U
Type /Print Name
OWNER:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
Dwight E. Brock, Clerk
BY:
Approved As To Form
and Legal Sufficiency:
rT.
Fred W. Coyle, Chairman
n�xl
Deputy County Attorney
Date:
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9/13/2011 Item 16.E.4.
Attachment 1
Collier County
Purchase Order Terms and Conditions
1. Offer. This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR
within fourteen (14) days of Issuance.
2. Acceptance and Confirmation: This Purchase Order (including all documents attached to or
referenced herein) constitutes the entire agreement between the parties, unless otherwise
specifically noted by the COUNTY on the face of this Purchase Order, Each delivery of goods and /or
services received by the COUNTY from VENDOR shall be deemed to be upon the terms and
conditions contained in this Purchase Order.
No additional terms may be added and Purchase Order may not be changed except by written
instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects
to any additional or different terms and conditions contained in any acknowledgment, invoice or other
communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any
delivery of goods and /or services, or any similar act by VENDOR.
3. Inspection: All goods and /or services delivered hereunder shall be received subject to the
COUNTY'S Inspection and approval and payment therefore shall not constitute acceptance. All
payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods
will be returned pursuant to VENDOR'S instruction at VENDOR'S expense.
To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY
prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and /or
services provided early in the term of the Purchase Order are non - conforming or otherwise rejected
by the COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest
transportation rates and to comply with all carrier regulations, Risk of loss of any goods sold
hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of
loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR.
b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise
specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no
invoices shall be issued nor payments made prior to delivery. Unless freight and other charges
are itemized, any discount will be taken on the full amount of invoice.
c) All shipments of goods scheduled on the same day via the same route must be consolidated.
Each shipping container must be consecutively numbered and marked to show this Purchase
Order number. The container and Purchase Order numbers must be indicated on bill of lading.
Packing slips must show Purchase Order number and must be included on each package of less
than container load (LCL) shipments and /or with each car load of equipment. The COUNTY
reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is
not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value
of any shipment made under this Purchase Order and the full invoice value of such shipment.
d) All invoices must contain the Purchase Order number and any other specific information as
identified on the Purchase Order. Discounts of prompt payment will be computed from the date
of receipt of goods or from .date of receipt of invoices, whichever is later, Payment will be made
upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise
known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County
Commissioners Purchasing Policy.
Packet Page -2638-
9/13/2011 Item 16.E.4.
S. Time Is Of the Essence: Time for delivery of goods or performance of services under this Purchase
Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a
reasonable time, as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming
goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all
specifications.
S. Changes: The COUNTY may at any time and by written notice make changes to drawings and
specifications, shipping instructions, quantities and delivery schedules within the general scope of this
Purchase Order. Should any such change increase or decrease the cost of, or the time required for
performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will
be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an
affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by
VENDOR must be made within thirty (30) days from the date the change is ordered or within such
additional period of time as may be agreed upon by the parties.
7. Warranties: VENDOR expressly warrants that the goods and /or services covered by this Purchase
Order will conform to the specifications, drawings, samples or other descriptions furnished or
specified by the COUNTY, and will be of satisfactory material and quality production, free from
defects and sufficient for the purpose intended. Goods shall be delivered free from any security
interest or other lien, encumbrance or claim of any third party. These warranties shall survive
inspection, acceptance, passage of title and payment by the COUNTY.
8. Statutory Conformity: Goods and services provided pursuant to this Purchase Order, and their
production and transportation shall conform to all applicable laws, including but not limited to the
Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the face of the Purchase Order.
9. Advertising: No VENDOR providing goods and services to the COUNTY shall advertise the fact that
it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the
COUNTY'S name or other identifying marks or property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification: VENDOR shall indemnify and hold harmless the COUNTY from any and all claims,
including claims of negligence, costs and expenses, including but not limited to attorneys' fees,
arising from, caused by or related to the injury or death of any person (including but not limited to
employees and agents of VENDOR in the performance of their duties or otherwise), or damage to
property (including property of the COUNTY or other persons), which arise out of or are incident to
the goods and/or services to be provided hereunder.
a) Warranty of Non - infringement: VENDOR represents and warrants that all goods sold or
services performed under this Purchase Order are: a) in compliance with applicable laws; b) do
not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair
competition.
b) VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims,
including claims of negligence, costs and expense, including but not limited to attorneys' fees,
which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods
and /or services provided under this Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
c) If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue
using the goods or services, or replace or modify the goods or services so that they become
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9/13/2011 Item 16.E.4.
non - infringing, (without any material degradation in performance, quality, functionality or
additional cost to the COUNTY).
11. Insurance Requirements: The VENDOR, at its sole expense, shall provide commercial insurance of
such type and with such terms and limits as may be reasonably associated with the Purchase. Order.
Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All
insurance policies shall be executed through insurers authorized or eligible to write policies in the
State of Florida.
12. Compliance with Laws: In fulfilling the terms of this Purchase Order, VENDOR agrees that it will
comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the
conduct of its business. By way of non - exhaustive example, this shall include the American with
Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed,
national origin, handicap, marital status, or veterans status. Further, VENDOR acknowledges and
without exception or stipulation shall be fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations
relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws
referenced herein shall constitute a breach of the award agreement and the County shall have the
discretion to unilaterally terminate said agreement 'immediately. Any breach of this provision may be
regarded by the COUNTY as a material and substantial breach of the contract arising from this
Purchase Order.
13, Force Majeure: Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in
performance resulting from any cause beyond their control, including, but without limitation to war,
strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or
potential force majeure or other conditions which will delay or threatens to delay timely performance
of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant
information with respects to what steps VENDOR is taking to complete delivery of the goods and /or
services to the COUNTY.
14. Assignment: VENDOR may not assign this Purchase Order, nor any money due or to become due
without the prior written consent of the COUNTY. Any assignment made without such consent shall
be deemed void.
15. Taxes: Goods and services procured subject to this Purchase Order are exempt from Florida sales
and use tax on real property, transient rental property rented, tangible personal purchased or rented,
or services purchased (Florida Statutes, Chapter 212), and from federal excise tax.
16. Annual Appropriations: The COUNTY'S performance and obligation to pay under this Purchase
Order shall be contingent upon an annual appropriation of funds.
17. Termination: This Purchase Order may be terminated at any time by the COUNTY upon 30 days
prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the
COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within
10 days of receipt of such notice.
18. General
a) This Purchase Order shall be governed by the laws of the State of Florida. The venue
for any action brought to specifically enforce any of the terms and conditions of this
Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida
b) Failure of the COUNTY to act immediately in response to a breach of this Purchase
Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by
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9/13/2011 Item 16.E.4.
any default by VENDOR hereunder shall not be deemed a waiver of any subsequent
default by VENDOR.
c) All notices under this Purchase Order shall be sent to the respective addresses on the
face page by certified malt, return receipt requested, by overnight courier service, or by
personal delivery and will be deemed effective upon receipt. Postage, delivery and other
charges shall be paid by the sender. A party may change its address for notice by
written notice complying with the requirements of this section.
d) The Vendor agrees to reimbursement of any travel expenses that may be associated
with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers, employees and authorized persons.
e) In the event of any conflict between or among the terms of any Contract Documents
related to this Purchase Order, the terms of the Contract Documents shall take
precedence over the terms of the Purchase Order. To the extent any terms and /or
conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the
Contract Documents, the provisions of the Terms and /or Conditions that are most
favorable to the County and /or provide the greatest protection to the County shall
govern.
Packet Page -2641-
,*1-\
9/13/2011 Item 16.E.4.
Attachment 2
Collier County Prices
(Effective 10/23/11 - 10122113)
r
He *�.
r
r
501 -999
1.65
.� z�4��3 +�,�, jJ'J` a� t �� 1
G 'Ye ' A �Ait r��.. y ;a
��' -' +•7� SI��l1{iiiC ,a
- �r4
- ,yih 47; xRs �� '', 'L S
r FiMT wiat r -•s
�
J77.i�f #,t')hi L .J
More than 5,000
�F�' < �`.r• fink fG� V.
� ... t ti',. _
e
b{F 41`�
M
1
Storage
Book Carton
$ 0.45
2
Storage
Chart Tube 3 x 3 x 40
$ 0.10
3
Storage
Chart Tube 6 x 6 x 36
$ 0.15
4
Storage
Data Pack 14 x 13 x 18
$ 0.50
5
Storage
Lamp Utility Carton
$ 0.65
6
Storage
Legal Transfer 3.2 (cubic feet)
$ 0.65
7
Storage
Letter File Drawer
$ 0.65
8
Storage
Letter Transfer (2.4 cubic feet)
$ 0.50
9
Storage
Medical Slides 3.5 x 13 x 10
$ 0.10
10
Storage
Office Tote Carton
$ 0,65
11
Storage
Ring Binder Box (3.0 cubic feet)
$ 0.65
12
Storage
Standard Letter / Legal (1.2 cubic
feet)
$ 0.25
13
Miscellaneous Service
Removal of box from Vendor's
inventory (per box
$ 0.50
14
Miscellaneous Service
Additional Purchase (per box)
$ 1.99
15
Miscellaneous Service
index - Data Entry (per box)
$ 0.90
16
Miscellaneous Service
Retrieve Box (one time fee for one
or multiple boxes) - no delivery
included
$ 1.65
17
Miscellaneous Service
Return Box (one time fee for one or
multiple boxes) - no delivery
included
$ 1.65
18
Miscellaneous Service
One way Delivery / Pickup Charge
(one time fee for one or multiple
boxes)
$ 10.00
Retrieval and Removal (from Vendor's Inventory) of Large Quantities of Records
Up to 500
1 $2.15
per box
501 -999
1.65
er box
1,000 - 2,499
1.50
per box
2,500 -4,999
1.25
per box
More than 5,000
1.00
per box
Packet Page -2642-