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HomeMy WebLinkAboutItem 4.02 RecordsRetentionHislopAssoc (2) .~' . e e CITY OF DUBLIN AGENDA STATEHDrr CITY COUNCIL HEETING DATE: April 25, 1994 SUBJECT: Agreement with HislOp Associates for the Development of city Clerk and Finance Department Records Retention Schedules Report Prepared by Kay Keck, City Clerk EXHIBITS ATTACHED: /Agreement RBCOHKBHDATXOH~ Authorize city Manager to execute agreement. FINANCIAL STATEMENT: The work shall be completed for an amount not to exceed $2,500, plus expenses not to exceed $50. sufficient funds are included in the Fiscal Year 1993-94 Contract Services Budget. DESCRIPTION: In order to ensure the efficient retention, availability and protection of the City'S vital records, during Fiscal Year 1989-90, $26,500 was budgeted for the development and implementation of a records management program covering all City Clerk records. Retention schedules were to have been a part of the initial program, however, the project exceeded the amount budgeted due to several factors which could not have been foreseen until the project was actually underway. Records not included in the original scope of work related to: Dublin Information, Inc.; Dublin Housing Authority; Dougherty Regional Fire Authority formation; and the Transfer of Services and Assets from DSRSD. Because of limited staff in the City Clerk'S Office, and due to the initial volume involved in implementing the records program, a retention schedule was not pursued as part of the original contract. The Records Management Program has now been fully implemented and is operational. Due to the high volume of records processed on a regular basis, staff has identified a need to develop a retention schedule for the periOdic disposal of records as they become obsolete. Norma Hislop, the Consultant who worked with the City Clerk to develop the Records Management Program, has agreed to contract for the development of Retention Schedules to include city Clerk files and also Finance Department records. Once the schedules have been prepared in final form, they will be reviewed and approved by the City Attorney's Office and a retention schedule resolution will be presented to the city Council for adoption. Staff recommends that the city council authorize the City Manager to execute the agreement with Hislop Associates for the development of Retention Schedules. ---------------------------------------------------------------------- ITEM NO. 4.2. COPIES TO.: CITY CLERK FILE~' .. e e CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of 1994, by and between the CITY OF DUBLIN, a municipal corporation ("city"), and HISLOP ASSOCIATES, ("Contractor"), who agree as follows: 1. SERVICES subject to the terms -and'conditions set forth in this Agreement, contractor shall provide to city the services described in Exhibit A. contractor shall provide said services at the time, place and in the manner' specified in Exhibit A. 2. PAYMENT city shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit A. The payments specified in Exhibit A shall be the only payments to be made to contractor for services rendered pursuant to this Agreement. contractor shall submit all billings for said services to city according to the usual and customary procedures and practices which contractor uses for billing clients similar to city. 3. FACILITIES AND EOUIPMENT Except as set forth in Exhibit B, contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. city shall furnish to Contractor only the facilities and equipment listed in Exhibit B according to the terms and conditions set forth in Exhibit B. 4. GENERAL PROVISIONS The general provisions set forth in Exhibit C 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 insofar as it is inconsistent with the general provisions. 5. EXHIBITS All exhibits referred to herein are attached hereto and are by this reference incorporated herein. e e 6. CONTRACT ADMINISTRATION This Agreement shall be administered by Kay Keck, city Clerk ("Administrator"). All correspondence shall be directed to or through the Administrator or her designee. 7. NOTICES Any written notice to Contractor shall be sent to: Norma J. Hislop, CMC Hislop Associates P. O. Box 2984 Santa Cruz, CA 95063-2984 Any written notice to city shall be sent to: Kay Keck, city Clerk city of Dublin P. O. Box 2340 DUblin, CA 94568 Executed as of the day first stated above. CITY OF DUBLIN, a municipal corporation CONTRACTOR By By city Manager Attest: city Clerk Approved as to form: City Attorney e e NORMAJ. HISLOR CMC Office Management Projects Comprehensive Filing System Programs Staff Training Special Projects Policy & Procedures Manuals Minute Index/Legislative History Projects City of Dublin POBox 2340 Dublin, CA 94568 REF: Administration & Finance Departments Retention Schedules Development Letter of Agreement This serves as a Letter of Agreement between the CITY OF DUBLIN (CITY) and NORMA J HISLOP ASSOCIATES (CONSULT ANT) for Professional Services in an amount not to exceed $2,500.00, plus expenses not to exceed $50.00. Services are to complete all work as detailed in CONSULTANT'S Retention Schedules Development Proposal dated March 31, 1994, a copy of which is appended to this Agreement as "Exhibit A". METHOD OF PAYMENT: CITY shall pay CONSULTANT $1,000.00 partial payment upon presentation of billing statement with the submission of draft Retention Schedules to be reviewed and modified by Staff as appropriate. Final payment of contract balance shall be made upon presentation of billing statement with the submission of all final work products set forth in "Exhibit A It . WORK COMPLETION: All work shall be completed by June 30, 1994. CONSULTANT estimates that draft schedules can be submitted by mid-May. In order to make any changes to the draft schedules and complete the work by the completion date noted, it is critical that Staff review and submit any revisions or modifications to be integrated into the final Retention Schedules in a timely manner so as not to impede contracted time schedules. :Exfiiblt A POBox 2984, Santa Cruz, CA 95063-2984 Phone: 408-252~ 7612 353 Kingsbury Drive, Aptos, California 95003 Business: 408/662-9266 e . March 31, 1994 EXHIBIT A Ms Kay Keck, CMC City Clerk City of Dublin POBox 2340 Dublin, CA 94568 REF: RETENTION SCHEDULES DEVELOPMENT PROPOSAL Dear Kay: You requested that I submit costs for professional services to complete the retention schedules started as part of the Records Management project we implemented for you several years ago. In addition you requested that we enhance the schedules by providing retention information for financial records. This additional retention data would be incorporated from data we developed from records management projects Hislop Associates completed which included Finance Department records. Following is our proposed method of approach to complete the retention schedules: _ Review the 1993 Master List of files for the Administration Department so the schedules are comprehensive. _ Develop additional information and merge with the partial list submitted previously. _ Merge financial records retention information into database. _ Print draft retention schedules for Department review and modification. A separate report will be printed for Finance Department review and modification. The Finance Department can list any record types they might have which do not appear on the draft schedules and we will add that additional data. _ Modify retention schedules based on City's review and input. _ Print retention schedules in final form for review and approval by City Attorney. POBox 2984, Santa Cruz, CA 95063-2984 Phone: 408~252-7612 e . City of Dublin EXHIBIT A RETENTION SCHEDULES DEVELOPMENT PROPOSAL Page Two Final work products are: _ Retention Schedules in final form for Administration and Finance Departments. This printout format provides the data in numeric order based on the functional filing system. _ Retention Schedules in alphabetical order by subject to facilitate reference by Staff who may not be familiar with the functional filing system. _ Computerized schedules in dBase or ASCII format, as City indicates. _ Sample Resolution Adopting Retention Schedules for City Council consideration. Professional fees for completion of the work outlined is $2,500. Supplies and expenses should not exceed $50.00, and are billed on actual costs incurred only. Please let me know if you have any questions relating to the above. It was great seeing you again, and hope we will have the opportunity of working together to complete this vital part of your records program. Sincerely, HISLOP ASSOCIATES Norma J Hislop, CMC e e EXHIBIT B filing cabinets, and conference space, as may be reasonably city shall furnish physical facilities such as desks, necessary for contractor's use while consulting with city employees and reviewing records and the information in possession of city. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of city. In no event shall city be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit B Page 1 of 1 4/1/90 e . EXHIBIT C GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, contractor shall be an independent contractor and shall not be an employee of city. city shall have the right to control contractor only insofar as the results of contractor's services rendered pursuant to this Agreement; however, city shall not have the right to control the means by which contractor accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERMITS: ETC. contractor represents and warrants to city that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for contractor to practice his profession. contractor represents and warrants to city that contractor shall, at his 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 contractor to practice his profession. 3. TIME. contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of contractor's obligations pursuant to this Agreement. . 4. INSURANCE REQUIREMENTS. contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor's bid. (a) ~inimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form comprehensive General Liability; or Insurance services Office Commercial General Liability coverage ("occurrence" form CG 0001.) Exhibit C Page 1 of 5 4/1/90 -' e . 2. Insurance services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. workers' compensation insurance as required by the Labor Code of the state of California and EmployerS Liability Insurance. (b) Minimum Limits of Insurance. contractor shall maintain limits no lesS than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separatelY to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. workers' compensation and EmployerS Liability: workers' compensation limits as required by the Labor code of the state of California and EmployerS Liability limits of $1,000,000 per accident. . (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the city. At the option of the city, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the city, its officers, officials and employeeS; or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) other Insurance provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability coverages. a. The city, its officers, officials, employeeS and volunteers are to be covered as insureds Exhibit C Page 2 of 5 4/1/90 - e as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the city, its officers, officials, employees or volunteers. b. The contractor's insurance coverage shall be primary insurance as respects the city, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the city, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the city, its officers, officials, employees or volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. All coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the city. (e) Acceptabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification of Coveraqe. contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each Exhibit c page 3 of 5 4/15/94 ~ e e insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the city before work commences. The city reserves the right to require complete, certified copies of all required insurance policies at any time. (g) subcontractors. contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (h) The Risk Manager of city may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the city's interests are otherwise fully protected. 3. CONTRACTOR NO AGENT. Except as city may specify in writing, contractor shall have no authority, express or implied, to act on behalf of city in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind city to any obligation whatsoever. 4. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 5. PERSONNEL. contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that city, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of city, cause the removal of such person or persons. 6. STANDARD OF PERFORMANCE. Contractor 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 contractor is engaged in the geographical area in which contractor practices his/her profession. All instruments of service of whatsoever nature which contractor 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 contractor's profession. Exhibit C Page 4 of 5 4/15/94 ~ . e e 7. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him/her, to any subcontractor, to the city, to city officers and employees, or to parties designated by the city, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the contractor or of any subcontractor. contractor shall indemnify, defend and hold harmless the city, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the city, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of section 2782 of the civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement, contractor acknowledges and agrees that he/she has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts do not relieve the contractor or subcontractors from liability under this paragraph. 8. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, contractor shall comply with all applicable rules and regulations to which city is bound by the terms of such fiscal assistance program. 9. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by contractor pursuant to this Agreement shall become the property of city upon completion of the work to be performed hereunder or upon termination of the Agreement. Exhibit C Page 5 of 5 4/15/94