HomeMy WebLinkAbout25C - AGMT - DATA STORAGEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 15, 2016
TITLE:
AGREEMENT AMENDMENT WITH
RECALL TOTAL INFORMATION, INC.
FOR OFF -SITE DATA STORAGE AND
DESTRUCTION SERVICES
{STRATEGI PLAN 0.6,1}
CITY MANAGER
I:i�k«T•7 61,r111k I'7 �LT31tl•71
CLERK OF COUNCIL USE ONLY:
El As Recommended
❑ As Amended
❑ Ordinance on 1 "Reading
El Ordinance on 2ndReading
71 Implementing Resolution
71 Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement
with Recall Total Information, Inc., to adjust the scope, extend the term to 24 months provide
compensation in the amount not to exceed $16,900 annually, for the term March 15, 2016
through March 14, 2018, with a provision for three, one -year extensions exercisable by the City
Manager, subject to non- substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City Hall and Santa Ana Police Department Data Centers house the largest concentration of
computer systems used to support City operations. Over 250 servers, class physical and virtual
computers, operate in the data centers, which host computer systems for all City agencies and
departments. As a result, a vast quantity of computerized data is generated. To ensure the
integrity of computer data, a process of copying and storing the data, separate from its primary
computer device, is utilized and is referred to as "backing up." Currently, some 19 terabytes of
computer data are backed up for both City Hall and Police Department onto tape storage. The
City currently manages 1200 data backup tapes. The backup tapes then must be moved to an
offsite location to ensure protection from a natural or man -made disaster. The agreement with
Recall Total Information, Inc. provides off -site data management services ensuring backup tapes
are moved to a secure storage facility according to industry best practices.
In addition to data storage services, the City requires project based secure off -site destruction
services of backup tapes and other media according to the City's retention schedule. The
agreement amendment expands the scope to include secure off -site destruction services. The
agreement with Recall Total Information, Inc. began on February 9, 2010 for a two -year period to
provide off -site data protection services. An extension to the agreement was issued for 24-
months and services have been provided on a month -to -month basis thereafter. Recall Total
Information, Inc. has consistently demonstrated the ability to provide a high level of secure
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Agreement Amendment with Recall Total Information, Inc. For Off -site Data Storage and
Destruction Services
March 15, 2016
Page 2
services; therefore, staff recommends the approval of the agreement amendment to 24 months
with an annual amount not to exceed $16,900.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6- Community Facilities &
Infrastructure; Objective #1 (establish and maintain a Community Investment Plan for all City
assets).
FISCAL IMPACT
Funds are available in the Information Systems Strategic Plan (no.10910147- 62300) and Police
Department General Fund (no. 01114425- 62300) expenditure accounts for the remainder of FY
2015 -16 in the following amounts: $3,098 and $2,535, for a total of $5,633 during FY 15 -16.
Funds will be budgeted in the same accounts for the following years and amounts, including
renewal periods, if executed:
FY 2015 -2016 - $3,098 (IS),
FY 2016 -2017 - $9,295 (IS),
FY 2017 -2018 - $6,196 (IS),
Contract Total $33,799
$2,535 (PD) Contract Year 1
$7,605 (PD) Contract Year 1 & 2
$5,070 (PD) Contract Year 2
FY 2017 -2018 - $3,098 (IS), $2,535 (PD)
FY 2018 -2019 - $9,295 (IS), $7,605 (PD)
FY 2019 -2020 - $9,295 (IS), $7,605 (PD)
FY 2020 -2021 - $6,196 (IS), $5,070 (PD)
Optional Renewal Total $50,699
Ja Ciulla
C of Technology Innovations Officer
I ormation Technology Department
Renewal Year 1
Renewal Year 1 & 2
Renewal Year 2 & 3
Renewal Year 3
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez& y�
Executive Director
Finance and Management Services Agency
Exhibits: 1. Agreement
Carlos Rojas
Chief of Police
Police Department
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AMENDMENT NO.1 TO THE
DATA PROTECTION SERVICES AGREEMENT
THIS AMENDMENT NO. 1 (this "Amendment ") to the Data Protection Services Agreement by and between Recall Total
Information Management, Inc. (hereinafter referred to as "Recall ") and City of Santa Ana (hereinafter referred to as "Customer ")
dated February 9, 2010 (the "Agreement") is effective as of the 15th day of March, 2018 (the "Amendment Effective Date "), and Is
by and between Recall and the Customer. --
WHEREAS, Recall and Customer have previously entered Into the Agreement, whose initial term was from February 9, 2010
through February 9, 2012;
AND WHEREAS the Customer elected to extend the Agreement for a 24 -month period, through February 9, 2014, after which
Recall has continued to provide services to Customer on a month -to -month basis under the terms of the Agreement;
AND WHEREAS, Customer desires to again extend the term of the Agreement for a fixed term;
AND WHEREAS Customer desires to receive secure destruction services from Recall Secure Destruction Services, Inc., an
affiliate of Recall Total Information Management, Inc. ( herelnafter also referred to as "Recall ");
AND WHEREAS, Recall and Customer desire to amend the Agreement as set forth herein.
NOW, THEREFORE, In consideration of the mutual covenants and promises contained herein, and for other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Section B2, Term, of the Agreement is hereby amended by extending the term of the Agreement for an additional two (2)
years, effective March 16, 2010 through March 14, 2018. Thereafter, the term of the Agreement may be extended for three (3)
additional one -year terms (each a "Renewal Term ") on the same terms and conditions by a writing executed by Customer's City
Manager and Clty Attorney. Notwithstanding the foregoing, should a writing not be executed between the parties at the end of the
third additional one year term, the Agreement term will continue on a month to month basis until terminated in writing by either
party with thirty (30) days written notice.
2. The total annual expenditures for the services rendered by Recall under the Agreement, as amended by this Amendment,
shall not exceed $10,900,
3, The Agreement shall be amended by adding the following provisions, specific to secure destruction services, to section
B1 of the Agreement, and such terms and conditions, In conjunction with the Agreement, shall govern the provision of secure
destruction services to Customer:
1.1. Recall Secure Destruction Services, Inc. agrees to provide to Customer certain secure destruction services
( "SOS Services ") with respect to records, documents and media Items provided to Recall by Customer for
destruction ( "SOS Materials" and /or "Customer Materials ").
12. Services Descriotion, Recall agrees to: (a) furnish containers to Customer at the locations specified In the
Schedule 1, to be used exclusively for the deposit of the SDS Materials, and (b) collect the SDS Materials from
the containers in material accord with Recall's schedules, which may be modified from time to time upon notice
to Customer and (c) cause the SDS Materials to be destroyed by shredding equipment so as to render the
contents unreadable, If requested by Customer, Recall shall provide a Certificate of Destruction along with
Customer's invoice.
13. Containers and Materials. Recall shall at all times retain title to and all rights of possession of the containers
provided pursuant to Section 1 above. Recall's containers shall not be used by Customer for the disposal of
other types of materials unless approved by Recall in writing prior to collection. In no event shall Recall's
containers be used for the disposal of any hazardous or toxic materials, or non -paper materials, metals, solids,
plastic, liquid, food, medical waste, or other materials (collectively referred to herein as "Contaminants ") which
could damage of contaminate Recall's containers, vehicles, machinery, or equipment, or cause injury or death to
any of its employees or agents. In the event Customer deposits any Contaminant in a Recall container,
Customer shall be charged the then - current Recall Contamination Fee. Furthermore, to the extent any Customer
Contaminant results in either: (1) damage to Recall equipment, vehicles or machinery; and /or (2) injury or harm
to any Recall personnel, employees and /or agents, then Customer shall be fully responsible for reimbursing
and /or indemnifying Recall for such damage, harm and /or Injury. Recall may remove the containers, along with
any Customer Materials contained therein, upon any termination or expiration of this Agreement. Recall shall
have title to and all rights of possession to the Customer Materiels following its destruction, including, without
limitation, the right to recycle such material. Customer shall (a) maintain Recall's containers In a secure location
that is readily and safely accessible to Recall personnel and equipment and (b) exercise reasonable care to
1 of 2
Exhibit 8
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avoid that, vand'atlem:or other damage or foss to the containers. In no event shall Recall be responsible or liable
to Customer for any itheft of Customer Materials from the contalners which are on Customers promises.
Customer shall ref nburse Recall the cost to repair or replace any of Recall's containers that are lost„ stolen, or
damaged. After delivery of the containers to Customer Customer shall be responsible for safekeeping the keys
to Recall's.eotitainers. If the :keys are lost or not returned with the containers, Customer shaft pay Rec'all's then -
current replacement tee for each key that is lost or returned.
1.4. Term of SOS Services The Initial Term for SOS Services (' Initial SOS Term") is two (2) years commencing
on March 15 2016 and expiring on 'March 1.4, 2018. Thereafter the SOS Serwoes may 'be extended for three (3)
additional one -year terms (each a "SIDS Renewal Term ") on the same terms and conditions by -a writing executed
by Customer's City Manager and City Attorney . N'otwithstand'ing the foregoing should a writing not be executed
between the parties at the end of the third additional one year term, the Agreement term will continue on a month
to month basis until terminated in writing by either party with thirty (30) days written notice,
1.5. Customer shaft be responsible for making payment to Recall for at[ bin retrieval fees and amount closing
fees, as set forth to .Schedule 1 {the "Permanent RenaovAl iFees"), Except as set forth in this Section 1.5, should
Customer terminate or cancel this amendment No. l for any reason other than those specifically provided for in
Section 12 of the agreement then prior to the expiration of the then-current Term, In addition to Customer's
obligation to make .payment of any Permanent (Removal Fees, Customar shall also pay to Recall fifty ;percent
(50 %) of the monthly minimum volume (the "Payout Fee) due for the remainder of the then- current Tenn. The
Payout :Fee shall be due and payable to Recall within thirty (30,) days from the date Customer provides Recall
with notice of its Intent to terminate or cancel the Agreement. iNatvvithstanding the forgoing, or anything else to
the contrary herein, nothing contained herein shall in any way waive or dfsdalm Recall's might to pursue any and
all other remedies, troth at law and in equity, available to it for Customers termination or cancellation of this
Agreement,
1 6. Mlntmyrm Volume. Within 2 months of the Effective Gets, Customer will maintain a monthly minimum or 50%
of the volume of Services described in Schedule 1 attached heriato ('Minimum Volume Percentage "). Jr, the event
that Customer shall, at any time, maintain less than the Minimum Volume Percentage, together with any other
service fee ( Minimum'Volume Revenue Fee') each month, Customer will be liable for and shall pay to Recall an
amount actual to the Minimum Volume Revenue Fee mult'ryr;lled by the service frequency multiplied by the
Minimum Volume Percentage. For example, if tripper inn fee is $30,00, the number of bins to be piaeed.wlth
Customer described in Schedule 1 is 50 the service frequency is to be every 4 weeks, the service fee is $20,
and the Minimum Volume Percentage is 80 %. then the total Minimum Volume 'Revenue Fees payable by
Customer would be $1,216 per month even if the number of bins on site is 35. The Minimum Volume Revenue
.Fee shall exclude all applicable federns state, local, use and othertaxes relating to this Agreement..
1:7. Fes. The initial fees for SIDS Services are set forth in the Schedule t attached hereto.
4, Customer represents and warrants that the Customer Materials do not contain (a) (Protected Health Information (as defined
by the Health insurance Portatrt4Ry and Accountability Act of 1096 and Implementing regulations) and (b) Nonpublic Information (as
defined by the Gramm teach Briley Act and implementing regulations).
5. All .other terms and conditions of the Agreement shall remain in full force and effect
IN WITNESS WHEREOF, Recall and Customer have executed this Amendment as of the date first noted above.
City of Santa Ana
Name: (Print)
Title,
Signature;
ATTEST
Maria D. Hutzar
Clerk of Council
APPROVED AS T4
FORM
Fxrnk
AniMurti'ita• hffr+.r +rev
Recall Total Information Management, Inc,
Name: (Print)
Title;
Signature:
Recall Secure' Destruction Services, inc.,
Names (Print)
Tale:
Signature;
2 of
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re l YM
Yaw Information, 5envciy Managed.
Schedule 1
Opportunity # - Deal Close Date.
Custo�m,er Tn itials� ���
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recall IM
Yaw Infmma"m Securely Managed.
Transport
Servic Name
Description
Sale Price service
Frequency
SP D
Service Priority Upcharge (scheduled service windows less
1
$4,5000
than 4 hours) (Daily)
As Needed
VIVID
Service Priority Upcharge (scheduled service windows less
1
$0..50tl0
than 4 hours) (Monthly)
As Needed
SP W
Service Priority Upcharge (scheduled service windows less
1
than 4 hours) (Weekly)
$4,5000
As Needed
DYTR
Routine Courier (Daily) -pricing applies to locations
1
$20.0000
As Needed
serviced within 50 miles.. Round Trip
WKTR�
Routine Courier (Weekly) - pricingappliestolocations
2
$25.0000
per Week
serviced within 50 miles - Round Trip
MOTR
Routine Courier (Monthly) - pricing applies to locations
i
$28.0000
As Needed
serviced within 50 miles. Round Trip
NA
Routine Courier After Hours /Weekends - pricingapplles
],
o locations serviced within 50 miles - Round Trip
$50.0000
As Needed
UO
Courier Unscheduled (4hrs) Business Hours -pricing
1
applies to locations serviced within 5o miles - Rou rid Trip
$75,OUtlU
As Needed
RO
Courier Urgent (2hrs) Business Hours- pricing applies to
1-
-- -___
_..
locations serviced within 50 miles - Round Trip
$100,0000
As Needed
Courier Unscheduled (4hrs) After
1
UA
Hours /Holidays /Weekends - pricing applies to locations
$100.0000
As Needed
serviced within 50 miles - Round Trip
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