HomeMy WebLinkAboutC-4447 - Records Management Consulting Agreement (Retention Schedules; Destruction Procedures; Records Management Manual)FROM : Gladwell- PHONE NO. : 909 3373526 RPR. 19 2010 09:49RM P16
RECORDS MANAGEMENT CONSULTING AGREEMENT
THIS AGREEMENT is made at Newport Beach, California, as of October 10, 2002, by
and between the City of Newport Beach ( "CITY ") and Diane R. Gladwell, CMC
("CONSULTANT'), who agree as follows:
I. SERVICES. Subject to the terms and conditions set forth in this Agreement,
CONSULTANT shall provide to CITY Options 1, 2 and 3 of the proposal outlined in Exhibit B.
2. COMPENSATION. This work will be performed for the fees as outlined in Exhibit B,
Scope of Work. In no event shall the total payment for time, services, materials and expenses
under this Agreement exceed $24,900.
3. PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this
Agreement after the services have been provided satisfactorily to the CITY. CONSULTANT
shall submit all billings for said services to CITY, CITY shall promptly review invoicing and notify
CONSULTANT of any objection thereto in writing within thirty (30) days of receipt of the invoice,
and absent such objection, the invoice shall be deemed proper and acceptable.
4. FACILITIES AND EQUIPMENT. CITY shall provide CONSULTANT with the following
at no charge to CONSULTANT:
A. A working group consisting of members from each city department with authority to
submit and approve information regarding CITY's records management requirements.
B_ A city representative with authority to approve various implementation phases and
plans.
C, A resident workspace for use when CONSULTANT is on -site, and access to
appropriate city computer systems and staff.
CONSULTANT shall, at its sole cost and expense, furnish all other facilities and equipment
which may be required for furnishing services pursuant to this Agreement.
5. GENERAL PROVISIONS. The general provisions set forth in Exhibit "A" are part of
this Agreement. In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition shall control only
insofar as it is inconsistent with the General Provisions_
6. EXHIBITS. All exhibits referred to herein are attached hereto and are by this
reference incorporated herein.
EXECUTED as of the day first above - stated.
FROM : Gladwell PHONE NO. : 909 3373526 APR. 19 2010 09:50AM P17
EXHIBIT A
GENERAL PROVISIONS
(1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement,
CONSULTANT shall be an independent contractor and shall not be an employee of CITY.
CITY shall have the right to control CONSULTANT only insofar as the results of
CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have
the right to control the means by which CONSULTANT accomplishes services rendered
pursuant to this Agreement.
(2) LICENSES: PERMITS: ETC. CONSULTANT represents and warrants to CITY that
CONSULTANT has all licenses, permits, qualifications and approvals of whatsoever nature
which are legally required for CONSULTANT to practice CONSULTANT's profession.
CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and
expense, keep in effect at all times during the term of this Agreement, any licenses, permits,
and approvals which are legally required for CONSULTANT to practice his profession.
CONSULTANT, including any subconsultants, shall obtain any required business license for work
within the City of Newport Beach.
(3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as
may be reasonably necessary for satisfactory performance of CONSULTANT's obligations
pursuant to this Agreement.
(4) RECORDS. CONSULTANT shall maintain adequate records to permit
inspection audit of CONSULTANT's charges under this Agreement. CONSULTANT shall
provide CITY access to such records for approval, funding, or auditing the project, during
normal business hours upon reasonable notice, the reasonable cost of which shall be borne by
CITY. Nothing herein shall convert such records into public records and they will be available
only to CITY for approval, funding, or audit functions. Such records shall be maintained by
CONSULTANT for three (3) years following completion of the work under this Agreement.
Nothing herein shall prevent City from legally complying with the Public Records Act and
Freedom of Information Act. The City agrees to use and modify the electronic file for its internal
use only. Removal of the Consultant name or copyright notices from the documents is
prohibited. Release of the Work Product in paper or electronic form, in whole or part, to other
associations, corporations, consultants, businesses, entities, or persons, without a valid public
records request is strictly prohibited. City shall immediately advise Consultant of any and all
public records request that pertains to the Work Product, however City shall not be required to
defend Consultant's copyright, privacy or any other proprietary interests from release pursuant
to a valid public records act request. City further agrees to provide Consultant with any and all
pertinent information regarding the originator of the public records request. City shall not post
the Work Product on any intemet web site or listserve without the advance written consent of
Consultant.
(S) INSURANCE.
FROM : Gladwell PHONE NO. : 909 3373526 APR. 19 2010 09:50AN P18
(a) WORKER'S COMPENSATION_ During the term of this Agreement, CONSULTANT
shall fully comply with the terms of the law of California concerning worker's
compensation. Said compliance shall include, but not be limited to, maintaining in full
force and effect one or more policies of insurance insuring against any liability
CONSULTANT may have for worker's compensation.
(b) AUTOMOBILE LIABILITY. During the term of this Agreement, CONSULTANT shall
furnish an automobile liability policy that is primary insurance as respect to CITY, its
officers, officials, employees and volunteers. Any insurance or self insurance
maintained by City, its officers, officials, employees or volunteers shall apply excess
of, and not contribute with, CONSULTANT'S insurance.
(c) GENERAL LIABILITY AND PROFESSIONAL LIABILITY (Errors and Omissions)
During the term of this Agreement, CONSULTANT shall furnish an general liability /
professional liability policy in the amount of $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage.
(d) CERTIFICATES OF INSURANCE. CONSULTANT shall file with CITY upon the
execution of this agreement, certificates of insurance which shall provide that no
cancellation, major change in coverage, expiration, or nonrenewal will be made during
the term of this agreement, without thirty (30) days written notice to the CITY prior to the
effective date of such cancellation, or change in coverage.
(6) CONSULTANT NO AGENT. Except as CITY may specify in writing, CONSULTANT
shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever
as an agent_ CONSULTANT shall have no authority, express or implied, pursuant to this
Agreement, to bind CITY to any obligation whatsoever_
(7) ASSIGNMENT PROHIBITED, No party to this Agreement may assign any right or
obligation pursuant to this Agreement. Any attempted or purported assignment of any right or
obligation pursuant to this Agreement shall be void and of no effect.
(8) PERSONNEL. CONSULTANT shall assign only competent personnel employed by
Consultant to perform services pursuant to this Agreement. In the event that CITY, in its sole
discretion, at anytime during the tern of this Agreement, desires the removal of any person or
persons assigned by CONSULTANT to perform services pursuant to this Agreement,
CONSULTANT shall remove any such person immediately upon receiving notice from CITY of
the desire of CITY for the removal of such person or persons.
(9) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services
required pursuant to this Agreement in the manner and according to the standards observed by
a competent practitioner of the profession in which CONSULTANT is engaged in the
geographical area in which CONSULTANT practices his profession. All products of whatsoever
nature which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a
substantial, first- class, and workmanlike manner, and conform to the standards of quality
normally observed by a person practicing in CONSULTANTSs profession. CITY shall be the
sole judge as to whether the product of CONSULTANT is satisfactory.
FROM : Gladwell PHONE NO. : 909 3373526 APR. 19 2010 09:51AM P19
(10) CONFIDENTIALITY. CONSULTANT shall not disclose to any other public or
private person or entity any information regarding CITY except as authorized by CITY.
(11) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any
time by CITY for its convenience upon written notification to CONSULTANT. CONSULTANT
shall be entitled to receive full payment for all services performed and all costs incurred to the
date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled
to no further compensation for work performed after the date of receipt of written notice to
cease work. All completed and uncompleted products up to the date of receipt of written notice
to cease work shall become the property of CITY.
(12) PRODUCTS OF CONSULTING. All products of CONSULTANT shall be the
property of CITY.
(13) INDEMNIFY AND HOLD HARMLESS. CONSULTANT shall indemnify, defend, and
hold harmless CITY, its officers, agents, employees and volunteers from all claims, suits, or
actions of every name, kind and description, brought forth on account of injuries to or death of
any person or damage to property arising from or connected with the willful misconduct,
negligent acts, errors or omissions, ultra- hazardous activities, activities giving rise to strict
liability, or defects in design by CONSULTANT or any person directly or indirectly employed by
or acting as agent for CONSULTANT in the performance of this Agreement, including the
concurrent or successive passive negligence of CITY, its officers, agents, employees or
volunteers.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes
the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance of insurance certificates and endorsements required under this Agreement
does not relieve CONSULTANT from liability under this indemnification and hold harmless
clause. This indemnification and hold harmless clause shall apply whether or not such
insurance policies shall have been determined to be applicable to any of such damages or
claims for damages.
(14) CONSULTANT -NOT PUBLIC OFFICIAL. CONSULTANT is not a "public official'
for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts
research and arrives at conclusions with respect to his or her rendition of
information, advice, recommendation or counsel independent of the control and
direction of CITY or any CITY official, other than normal contract monitoring. In
addition, CONSULTANT possesses no authority with respect to any CITY
decision beyond the rendition of information, advice, recommendation or counsel.
(15) NOTICES. All notices required by this agreement shall be sent to the following
addresses:
CONSULTANT: Gladwell Governmental Services, Inc_
Diane R. Gladwell, CMC
P.O. Box 62
Lake Arrowhead, CA 92352
FROM : Gladwell
PHONE NO. : 909 3373526
CITY: City of Newport Beach
LaVonne Harkless, City Clerk
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
APR. 19 2010 09:52RM P20
FROM : Gladwell PHONE NO. : 909 3373526 APR. 19 2810 09:52AM P21
EXHIBIT B
PROPOSAL
EXECUTIVE SUMMARY
A 1998 Coopers & Lybrand study showed that records and information systems
often represent 50 % of the total cost of doing business, and
the average office makes 19 copies of each document.
Average Costs:
• $20 to file each document
• $1.50 to retrieve each document
($20 x 19 copies = $380 to file)
The average office loses 1 out of 20 office documents. It then costs:
• $120 to search for the document
• $250 to recreate it, if lost
0 lost document = $370)
Newport Beach has expressed a desire to increase the efficiency and processes regarding the
management of their records.
1. Free office space.
2. Eliminate duplication of effort.
3. Improve efficiency and consistency.
4. Improve response times and customer service levels.
The President of Gladwell Governmental Services, Inc., Diane R. Gladwell, is a Certified
Municipal Clerk that has developed records management programs for numerous municipal
governments. Ms Gladwell was a City Clerk for six years, and has an excellent knowledge of
government operations and document imaging. She is recognized as a leading expert in
records management and has an excellent knowledge of the industry, products and vendors
(including Alchemy and Berghell, Associates) as well as hands -on user and administration
experience with many systems. Ms. Gladwell is the author of several publications on records
management and document imaging, and is a noted speaker (including AIIM, ARMA, and
COMDEX). In addition, Ms_ Gladwell has received multiple awards for document imaging /
records management and administration.
The consultant has no vendor affiliations, and therefore can provide objective advice and
recommendations.
SUMMARY
The project will be highly interactive, resulting in a high level of expertise and 'ownership"
among Newport Beach staff members.
Option 1: City -Wide Records Retention Schedules $14,600
Option 2: City -Wide Records Destruction procedures $400
FROM Gladwell PHONE NO. 909 3373526 APR. 19 2010 09:53RM P22
Option 3: City -Wide Records Management Manual $9,775
Option 4: City Clerk Records Retention Schedule $2,200
$200
Option 5: City Clerk Records Destruction Procedures
FROM : Gladwell PHONE N0. : 909 3373526 APR. 19 2010 09:53AM P23
METHODOLOGY
All work is performed by the principal. Assignments are not delegated to less skilled personnel
or subcontractors, assuring the project is well - coordinated without communication problems or
scheduling conflicts among various consultants and their other projects. In addition, this also
assures the highest quality work_
The consultant proposes to build on the progress already made in the organization, ensuring
consistency and high levels of development for the project.
The project will be structured to increase participation, expedite results, minimize costs and
ensure the successful implementation of an excellent program by temporarily employing the
skills and knowledge of the contractor as needed.
This approach is customized for Newport Beach to ensure the program
• Provides a `one -time fix ";
• Is interactive, producing a high level of participation and ownership;
• Matches the organization's values and structure;
• Provides appropriate solutions;
• Can be implemented quickly;
• Will achieve long -term viability; and
• Has the highest cost/benefit ratio and return on investment.
Drafts of all work will be released to City of Newport Beach during the course of the project.
Newport Beach will have an opportunity to edit and comment on these drafts, assuring that (1)
the City will maintain control of the project, and (2) the current work of the organization supports
the final program_ In addition, on -site visits, e-mail, and telephone communications will keep
City of Newport Beach apprised of the work progress.
The consultant will provide the computer facilities, forms and equipment necessary to complete
the work in this proposal. A resident workspace will be necessary when the consultant is on-
site with access to computer systems, a photocopier, and City of Newport Beach staff for
information.
"...a records management program is actually a money saver - a protection
against ineffective operations. It is even more significant as a safeguard against
disaster and lawsuits"
-ICMA (international City /County Management Association)
FROM Gladwell PHONE NO. : 909 3373526
PROJECT DESCRIPTION
OPTION 1: CITY -WIDE RECORDS RE'T'ENTION SCHEDULES
APR. 19 2010 09:53AM P24
In an interactive process, the consultant will develop an easy -to -use retention schedule for each
department, and the City as a whole_
A records retention schedule will allow all departments to purge unnecessary records from their
filing systems, freeing filing space_ The process identifies which department is responsible for
maintaining the original record, allowing other departments to destroy their copies when they no
longer need them for immediate reference. The schedule will be organized to reflect each
department's filing structure and preferences, will show which records could be scanned into a
future document imaging system, and identify if the paper version should be destroyed after
imaging.
The records retention schedule form will be approved by Newport Beach prior to the
development of the schedule. State -wide guidelines, and research and analysis of applicable
Federal and State laws for the records will be used to formulate the retention schedule. The
City Clerk and City Attorney will be consulted throughout the project.
Deliverables: City -wide "kickoff" meeting, meetings with each of fourteen departments,
Records Retention Schedules for fourteen departments, one retention schedule for
records common to all departments (three days on site).
Cost:
$14,600
OPTION 2: CITY -WIDE RECORDS DESTRUCTION PROCEDURES
The consultant will facilitate the development of a records destruction procedure and forms to
ensure compliance with the adopted retention schedule, various Federal and State laws (e.g.
the new law requiring "obliteration" of any private data), and provide for "checks and balances"
in the procedure.
Deliverables: City -wide Records destruction procedure and forms
Cost: $400
OPTION 3: CITY -WIDE RECORDS MANAGEMENT MANUAL AND TRAINING
Building upon Newport Beach's existing program, a new city -wide records management manual
will be written in an interactive manner with employees, providing a high level of ownership,
education and skill within Newport Beach staff. The manual will provide training for staff on
Newport Beach's records management systems, policies and industry- standard practices,
including the Public Records Act. The following subjects will be included:
-Program overview and structure
-Responding to Public Records requests
FROM : Gladwell
PHONE NO. : 909 3373526 APR. 19 2010 09:54AM P25
-Electronic Records and e-mail
-Filing Procedures
-Inventories
-Records retention
-Filing Equipment & Off -site storage
-Disaster Recovery
-Document imaging policies (basic guidelines)
-Records disposal
-Glossary
-Forms
•22 -page listing of records exempt from public disclosure
Five 2 -hour training meetings will be held, suitable for city -wide participation (which is
recommended, using Records Coordinators designated by each department). Agendas and
drafts will be presented to the City Clerk in advance of the meetings allowing them to review
and make changes as desired. All necessary forms will be developed interactively with
Newport Beach's staff.
Certificates for completing the Records Management Course will be presented to all employees
attending the training sessions.
Cost:
Deliverables: Records Management Manuals (1 for each department suitable
for additional reproduction), five 2 hour training meetings, Training Certificates
for Attendees.
$9,775
OPTION 4: CITY CLERK DEPARTMENT RECORDS RETENTION SCHEDULE
A records retention schedule for the City Clerk's Department would allow the department to
purge unnecessary records from their filing system, freeing filing space. The schedule will be
organized to reflect the department's filing structure and preferences, will show which records
could be scanned into a future document imaging system, and identify if the paper version
should be destroyed after imaging.
The records retention schedule form will be approved by Newport Beach prior to the
development of the schedule. State -wide guidelines, and research and analysis of applicable
Federal and State laws for the records will be used to formulate the retention schedule. The
City Clerk and City Attorney will be consulted throughout the project.
Deliverables: One retention schedule for the City Clerk Department (112 day on site).
Cost:
$2,200
OPTION 5: CITY CLERK DEPARTMENT DESTRUCTION PROCEDURES
The consultant will facilitate the development of a records destruction procedure for the City
Clerk Department and forms to ensure compliance with the adopted retention schedule, various
FROM : Gladwell PHONE NO. : 909 3373526 APR. 19 2010 09:54AM P26
Federal and State laws (e.g, the new law requiring "obliteration" of any private data), and
provide for `checks and balances" in the procedure.
Deliverables: Records destruction procedure and form
Cost: $300
FROM : Gladwell
SUMMARY
PHONE NO. : 909 3373526 APR. 19 2010 09:55RM P27
RESUME
Diane R. Gladwell is a Certified Municipal Clerk with over twenty years experience managing in public
and private sectors. Recipient of multiple awards recognizing excellence in municipal clerk administration.
Facilitator, author and instructor for document imaging, best practices and reengineering in over 20
organizations, including AIIM, ARMA and COMDEX,
PROFESSIONAL BACKGROUND
Gladwell Governmental Services, Inc.
President
1989 to present
Clients have included over 30 Califomia Cities and Counties; VISA Corporation; City and County of
Kansas City, Kansas; Saint Paul, Minnesota; the International Institute of Municipal Clerks (IIMC); and the
City Clerks Association of California (CCAC), Projects have included:
1. Organization -wide and Department -level Records Management Programs:
Retention Schedules, Procedures, Manuals and Training
2. Document Imaging (Optical Disk) System Acquisition or Remediation
3. Educational Programs and Publications in Technology, Business Process Reengineering,
Best Practices, Records Management and other subjects.
4. Facilitation of Business Process Reengineering.
5. Elections Management.
City of San Luis Obispo
City Clerk
1992 to 1995
As a member of the management team, responsible for records management, election administration,
municipal code maintenance, FPPC disclosures, special event permits, City Council support, and
coordination of over 20 boards and commissions for the City of San Luis Obispo. Administration of the
agenda process and all public notification and advertisement.
Received the Presidents Award of Distinction for Excellence in Organization and Administration from the
California Clerks Association (1994). Reduced expenses by 22% while increasing services to the public;
developed "InfoSLO" computerized information kiosk, electronic advertising and electronic agendas;
reengineered all programs and processes in the Division.
City of Glendale 1989 to 1992
Assistant City Clerk
As a member of management, responsible for records management, election administration, municipal
code maintenance, FPPC disclosures, business licensing, film permits and special events for Glendale
(population 187,000). Supervised Council and Redevelopment Agency agendas, packets and minutes
preparation as required; administrated publication and mailing of legal notices, bids, and process claims
for the City. Develop, presented and administrated City Clerk annual budget of $800,000. Acted as Public
Information Officer for the City during emergencies (Glendale fire, storm damage). Supervised a staff of
nine who serve a culturally diverse community.
Developed, implemented, and administrated a city-wide records management program based on optical
disk technology which has received international, national and state awards for exceptional records
management programs.
FROM : Gladwell PHONE NO. : 909 3373526 APR. 19 2010 09:55AM P28
Food 4 Less I Market Basket i Viva i Boys Markets
Credit Management Services Supervisor
1980.1989
Administered payment systems and collections for a chain of 50 grocery stores (over five million
transactions annually.) Records management for payment transactions, criminal and civil incidents for
chain. A key member of the management team that developed and implemented computerized Electronic
Funds Transfer for checks and credit cards as well as several custom applications to track returned items
and issue check cashing cards. Budget development and administration for four Divisions representing
expenditures of over $8,000,000.
EDUCATION
Pack Southern University, Los Angeles: Bachelor of Science, Business Administration
California Polytechnic University, Pomona: Business administration courses
Citrus College, Azusa: Associate of Science, Business Administration
UCLA: Business management courses
Institution de Technologieo, Yucatan, Mexico: Attended institute as a foreign exchange student
ESRI Geographic Information Systems (GIS) training
HONORS
Olsten Award for Excellence in Records Management Programs;
Association of Records Management Administrators (ARMA)
President's Award of Distinction for Excellence in Organization and Administration;
City Clerks Association of California (CCAC)
Records Management Award for Exceptional Municipal Programs Utilizing Alternative Technologies;
International Institute of Municipal Clerks (IIMC)
President's Award for Excellence in Public Presentations and Published Articles;
City Clerks Association of California (CCAC);
(3) Honorary Service Awards (California PTA for Outstanding Service to Youth and Community)
Life Member: Delta Mu Delta, Alpha Gama Sigma, and California Scholarship Federation
Listed in Who's Who of Professionals
PRESENTATIONS AND PUBLICATIONS
COMDEX
AIIM (Association for Information and Image Management)
ARMA (Association of Records Mangers and Administrators)
IIMC (international Institute of Municipal Clerks)
CCAC (City Clerks Association of California)
Washington State Clerks Association
County of Los Angeles
Government Technology Conference
Author: Document Imaging (May, 1998)
Efficient Filing (Summer, 1999)
Funding Records Management Projects (Winter, 2000)
Election's Management and Benchmarking (Spring, 2001)
Various articles published by ARMA, ICMA, IIMC and NAGARA
PROFESSIONAL MEMBERSHIPS
Association of Records Managers and Administrators
California Association of Clerks and Elections Officials
City Clerks Association of California (Past First Vice President, Past Second Vice President)
International Institute of Municipal Clerks (Past Chair, Resource Committee)
FROM : Gladwell PHONE NO. : 909 3373526 APR. 19 2010 09:41AM P2
PROFESSIONAL SERVICES AGREEMENT WITH
GLADWELL GOVERNMENTAL SERVICES, INC.
FOR RECORDS MANAGEMENT SERVICES
THIS AGREEMENT is made and entered into as of this II�-� day of
2004 by and between the CITY OF NEWPORT BEACH, a Municipal Corpo abon
("City), and GLADWELL GOVERNMENTAL SERVICES, INC. a Records
Management Firm whose address is 1028 Tirol Lane, Lake Arrowhead, California,
92362 ( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to develop a Records Management Program for the Public Works
Department.
C. City desires to engage Consultant to conduct an assessment for an improved
filing system, training, procedures, outsourcing, and document imaging
implementation ('Project ").
D. Consultant possesses the skill, experience, ability, background, certification, and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Diane R.
Gladwell.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the rl . day of
2004, and shall terminate on the 31st day of December, 2004, unless termina ed
earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
FROM : Gladwell PHONE NO. : 909 3373526 APR. 19 2010 09:41AM P3
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control_ However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery, or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis ih accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
In no event shall Consultant's compensation exceed Seventeen Thousand
Dollars and no /100 ($17,000.00) without additional authorization from City. No
billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
2
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Diane R. Gladwell to be
its Project Manager. Consultant shall not remove or reassign the Project Manager
or any personnel listed in Exhibit A or assign any new or replacement personnel to
the Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key
personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
Jessica Helfrich shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
FROM : Gladwell PHONE NO. : 909 3373526 APR. 19 2010 09:42AM P4
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable.
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision_ Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
In
FROM : Gladwell PHONE NO. : 909 3373520 RPR. 19 2010 09:.43RM P5
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ")from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant,
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or
any of Consultant's employees or agents, to be the agents or employees of City.
Consultant shall have the responsibility for and control over the means of
performing the work, provided that Consultant is in compliance with the terms of
this Agreement. Anything in this Agreement that may appear to give City the right
to direct Consultant as to the details of the performance or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of
City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with the Consultant on the Project.
5
FROM : Gladwell
12. CITY POLICY
PHONE NO. : 999 3373526 APR. 19 2010 09:43AM P6
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies_
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance_ Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Com ensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
0
FROM : Giadwell
PHONE. NO. : 909 3373526
APR. 19 2010 09 :44AM P7
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
General Liability Coverage- Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than five hundred thousand dollars ($500,000) combined
single limit for each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company_
iv_ The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims_ Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16, SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
FROM : Gladwell PHONE NO. : 999 3373526 APR. 19 2010 09:45RM P8
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, electronic file, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared
by Consultant, its officers, employees, agents and subcontractors, in the course
of implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any.other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Nothing herein shall prevent City from legally complying with the Public Records
Act and Freedom of Information Act. The City agrees to use and modify the
Documents, including the electronic file, for its internal use only. However, City
agrees not to remove the Consultant's name or copyright notices from the
Documents. Release of the Documents in paper or electronic form, in whole or
part, to other associations, corporations, consultants, businesses, entities, or
persons, without a valid public records request, is strictly prohibited. City shall
immediately advise Consultant of any and all public records request that specifically
pertains to the Documents; however City shall not be required to defend
Consultant's copyright, privacy or any other propriety interests from release
pursuant to a valid public records act request. City further agrees to provide
Consultant with any and all pertinent information regarding the originator of the
public records request that it may have in its possession. City shall not post the
Documents on any internet web site or listsenre without the advance written
consent of Consultant.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for the work. City agrees that Consultant shall
not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of
CADD data for additions to this Project, for the completion of this Project by others,
or for any other Project, excepting only such use as is authorized, in writing, by
Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for
damages and liability resulting from the modification or misuse of such CADD data.
All original drawings shall be submitted to City in the version of AutoCAD used by
City in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans, The City will provide AutoCAD
file of City Title Sheets. All written documents shall be transmitted to City in the
City's latest adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
FROM : Gladwell
20.
21
22.
23.
24.
OPINION OF COST
PHONE NO. : 909 3373526 APR. 19 2010 09:46AM P9
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement, including costs,
contained in Consultant's deliverables provided under this Agreement.
RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and
make transcripts or copies of such records and invoices during regular business
hours_ Consultant shall allow inspection of all work, data, Documents, proceedings
and activities related to the Agreement for a period of three (3) years from the date
of final payment to Consultant under this Agreement.
WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
10
FROM : Gladwell PHONE NO. : 909 3373526 APR. 19 2010 09:46AM P10
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Jessica Helfrich
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 -644 -3311
Fax: 949 -644 -3318
Email: jhelfrich @city.newport- beach.ca.us
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Diane R. Gladwell
Gladwell Governmental Services, Inc.
PO Box 62
Lake Arrowhead, CA 92352
Phone: 909 - 337 -3516
Fax: 909 - 337 -3526
Email: gadwell@aol.com
11
FROM : Gladwell PHONE NO. : 909 3373526 RPR. 19 2010 09:47RM P11
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that parry shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
12
FROM : Gladwell PHONE NO. : 909 3373526
32. CONFLICTS OR INCONSISTENCIES
RPR. 19 2010 09:47RM P12
In the event there are any conflicts or inconsistencies between this Agreement and
the Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
"�a
h
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
CITY OF NEWPORT BEACH,
A Municipal Corpor
By:
on G. Badum,
Public Works Director
for the City of Newport Beach
Gladwell Governmental Services, Inc.
By:
la a R. Gladwell
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f luserslpbwlsharedlagreementslfy 03- oftladwell- records retenton.doc
13
FROM Gladwell PHONE NO. : 909 3373526 APR. 19 2010 09:48AN P13
PROPOSAL FOR NEWPORT BEACH, CALIFORNIA
PUBLIC WORKS DEPARTMENT
A recent Coopers & Lybrand study showed that records and information systems
often represent 50% of the total cost of doing business, and
the average office makes 19 copies of each document.
Average Costs:
- $20 to file each document
- $1.50 to retrieve each document
($20 x 19 copies = $380 to file)
The average office loses 1 out of 20 office documents. It then costs:
• $120 to search for the document
- $250 to recreate it, if lost
0 lost document= $370)
This proposal will result in the following benefits for the Public Works Department of Newport
Beach:
1. Provide employee education regarding "Best Practices" of other Public Works Departments.
2. Free space.
3. Eliminate some duplication of effort.
4. Improve efficiency and consistency, clarify and /or establish procedures.
5. Improve response times and customer service levels.
6. Provide an efficient "base" for operations In future years_
The President of Gladwell Governmental Services, Inc_, Diane R. Gladwell, is a Certified
Municipal Clerk that has developed records management programs for over 50 California
Cities. Ms Gladwell was a City Clerk for six years, and has an excellent knowledge of
government operations and document imaging. She is recognized as a leading expert in
records management and has an excellent knowledge of the industry, products and vendors as
well as hands -on user and administration experience with many systems. Ms. Gladwell is the
author of several publications on records management and document imaging, and is a noted
speaker (including AIIM, ARMA, and COMDEX). In addition, Ms. Gladwell has received
multiple awards for document imaging / records management and administration.
Ms_ Gladwell has no vendor affiliations, and therefore can provide objective advice and
recommendations. Ms. Gladwell has used Alchemy in several cities and has facilitated the
implementation of document imaging in several Public Works departments.
Several options are presented in this proposal to facilitate the Public Works Department
selecting the approach that best matches its needs.
EXHIBIT A
Public Works Department Proposal submitted by Gledwell Govemmental Services, Inc. (909) 337 -3516 page i
FROM : Gladwell
PHONE NO. 909 3373526 RPR. 19 2010 09:48RM P14
PROJECT OPTIONS / SCOPE OF WORK
The Public Works Department maintains several different filing systems; each system is
different stages of "completion ". Because the department maintains records for many complex
projects, many on a permanent basis, that need to be constantly retrieved and used, this
environment creates on -going operating inefficiencies. The inefficiencies include duplication of
effort and inefficient use of scarce resources, including office space and labor to file, research,
and retrieve records. This results in lowered customer service levels to external as well as
internal customers.
This project will interactively develop a new, efficient, file classification system and procedures,
which will assist the department for the efficient implementation of document imaging. It will
result in ongoing savings, including significant cost avoidance caused by scanning unnecessary
records into the document imaging system, which will also negatively impact efficiency if the
filing system is not upgraded.
Several options are presented; the department can select the options that best suit their needs
and budgetary constraints.
OPTION 1: ASSESSMENT AND REDSIGN OF FILE CLASSIFICATION SYSTEM
The consultant will assess the current file classification system and procedures utilized by the
Department, then facilitate the development of a redesigned system_ The system will include a
standard structure for project files, and will be based upon "Best Practices" of other Public
Works Departments. The new system will articulate future needs for document imaging, saving
substantial time and money for the department in the future.
It is recommended that the department form a subcommittee of all stakeholders (Planners, etc.)
to participate in the development of the new standards.
The consultant will present various options, as well as the advantages and disadvantages of
each option to the team, and prepare model file folder structures and classification systems.
The consultant will also prepare an "'Action Plan" for implementing the new system, based upon
the teams' direction (whether or not to do convert existing files to the new system, who is
responsible for what actions, what resources are required, etc.)
Proposed Deliverables:
• Analysis of current system; recommendations and options for new system
• Model File Folder Structures
• File Classification System
• Written Standards
• Written Action Plan
• Recommendations / Options on what products and supplies to order
• Three meetings on -site to facilitate development bf the new system and
standards
Total Cost:
m
Public Works Department Proposal submitted by Gladwell Governmental services, Inc. (909) 337 -3516 page 2
FROM Gladwell PHONE NO. 909 3373526 RPR..19 2010 09:49RM P15
i
OPTION 2: EMPLOYEE TRAINING, STEP- SYSTEP PROCEDURES and ADVICE
If desired, the consultant can develop written step -by -step procedures and train employees on-
site for one full day to begin implementing the Action Plan, and converting existing files to the
new structure.
Training can include the use of an automated labeling system (if the City implements this), file
folder structure, labeling standards, and conversion procedures. Written step -by -step
procedures will include examples, and will be developed interactively with employees.
This option would ensure the implementation of the system is consistent over time with the
standards established in Option 1. It also will ensure the implementation proceeds in the most
efficient manner (quickest possible implementation) and elevate the skill level and knowledge of
employees supporting the system.
Pr000sed Deliverables:
• One full day of on site training
• Step -by -step filing procedures
• Advice by e -malt and telephone throughout the project
Total Cost:
$2,800
OPTION 3: DOCUMENT IMAGING EXPANSION I OUTSOURCING
Compliance with State and Federal laws, various standards, and policies and procedures
establish the legal admissibility of records stored in a document' imaging system. Therefore,
the development of, and compliance with, records management and document imaging policies
and procedures playa critical role in this process'.
It is Important that Public Works' implementation of document imaging works well with the City
Council records have been stored in the system, and the Public Works Department's
implementation avoids duplication of effort. The department has scarce resources, whether it
chooses to outsource the scanning of documents, provide the service with in -house staff, or
use a combination of the two approaches; it is important to achieve the maximum value when
implementing the system so that a higher quantity of documents are stored, protected, and
accessible to internal and external customers.
The consultant proposes to evaluate the department's current deployment of document
imaging, then develop a department "Document Input Plan", interactively prioritizing what
records are scanned or imported into the system, if they are done on a "day forward" basis, or if
"badkfile" records are scanned, how they are done (e.g. most current working back in time, or
oldest to most current), and various standards_
The design of the "Document Profile" (a_k.a. indexing information, or "Metadata ") is critical to
not only retrieve records from the system, but to ensure future integration into systems like GIs
or Building Permits. The data stored in these index fields must be consistent, and take
' Government Code § §12168.7, 34090.5 et seq., various ANSI /AIIM standards, various other State and Federal
Laws and standards.
Public Works Department Proposal submitted by Gladwell Govemmental Services, Inc. (909) 337 -3516 page 3