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HomeMy WebLinkAboutC33450 - Records Mgmt Consultation-Training-Rcrds RtntionCITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH DIANE R. GLADWELL, MMC, GLADWELL GOVERNMENTAL SERVICES, INC., TO PERFORM RECORDS MANAGEMENT CONSULTATION AND TRAINING, AND FOR DEVELOPMENT OF RECORDS RETENTION SCHEDULES FOR ALL CITY DEPARTMENTS (CONTRACT NO. C33450) SUBMITTED BY: Rachelle D. Klassen, City Clerk CONTRACTOR: Diane R. Gladwell, MMC Gladwell Governmental Services, Inc. 1028 Tirol Lane, P O Box 62 Lake Arrowhead, CA 92352-0062 DATE: March 27, 2014 CONTENTS: • Staff Report • Professional Services Agreement (Contract No. C33450) • Gladwell Governmental Services, Inc., Records Management Proposal • Records Management Needs Assessment - December 2005 Recommendation By Minute Motion, approve the subject contract with Gladwell Governmental Services, Inc., Lake Arrowhead, California, in the amount of $12,200 to perform Citywide Departmental Records Management Training and Retention Schedule Development, and authorize the Mayor to execute same — funds are available through the Mid-year Budget Adjustment approved on February 13, 2014, in City Clerk Professional/Other Account, No. 110-4111-410-3090, for this purpose. Backaround In the early fall of 2005, with City Clerk staff and some departments beginning to fully utilize the City's Questys document imaging software, the significant amount of development occurring Citywide, and accompanying increase in support staff to help manage the day-to-day workflow and records generated, it became apparent to the Clerk's Office that some assistance was needed in helping train staff on how to best manage the volume of records being created. Solicitation for a Records Management Professional was made, and Diane R. Gladwell, Gladwell Governmental Services, Inc., was chosen to perform a preliminary review and deliver a Records Management Needs Assessment (attached). Following that Needs Assessment, staff continued carrying out its responsibilities as business continued to be brisk for all - with long Council Meeting agendas, including many land-use public hearing items and related matters - and the time necessary to devote to full-blown records management training was not available. When the economic downturn began in 2008 - 2009, budgets were tightened, staff was reduced, and the records management project was put on the back burner once more. Now that the City recently celebrated its 40'h anniversary of incorporation, it has generated a goodly number of official records. As best it can, the City Clerk's Office has provided on-the-spot advice and input to its counterpart departments in the management of City records. But with the loss of Contract No. C33450 Staff Report - Professional Services Records Management Agreement- Gladwell Governmental Services, Inc. March 27, 2014 Page No. 2 seasoned staff, increased need for retrieval of archived documents, advance of technology, and the increased number of regulations governing both public records and requirements in the City Clerk's Office, it will serve the City well today and going forward by retaining a Professional Records Management Consultant to individually work with all departments in developing a specific Records Retention Schedule for each and training their designated staff inembers to so administer. The Clerk's Office has broached the subject with Department Heads and support staff over the past 12 months, with very favorable response. The Professional Records Management Consultant, Diane R. Gladwell, Gladwell Governmental Services, Inc., is herself a former City Clerk who has achieved Master Municipal Clerk Designation (MMC) and is very well known and respected throughout the State of California, and this region of the country, for her expertise. Her proposal to provide Records Management training and Retention Schedule Development for all Departments is $12,200, with specifics outlined, including providing employee training, updating all records schedules to be in compliance with current State and Federal laws, ensuring efficiency and consistency, freeing up office and storage space, ensuring fast response times and excellent customer service levels, and providing an efficient base for operations in the future. Fiscal Analvsis Included in Ms. Gladwell's proposal is the following fact: "A recent Coopers & Lybrand study showed that records 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 -$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 (1 lost document -$370)." Funds in the amount of $12,200 are available in the City Clerks Professional/Other Account, No. 110-4111-410-3090, and no appropriation is required. Submitted by: Reviewed: � � Ra helle D. Klassen, M C, City Clerk �'`aul S. �b`son, Director of Finance Approved: CITY COUNCTL�A�TION � APPROVED DENiED RECEIVED OTHER n M. Wohlmuth, City Manager Attachments (as noted) M EET� G AT ' �: �� `-�?� ��� ���� AYES�'`. ^ , ���r.�7S E�j'� NOES• r% �� ABSENT: LL�in� A13STAIN: ����1������ ��� VF,RIFIED BY:—�S=-ur�cr � Original on File with City le k's Office H:IWPdataIWPDOCSISfaf/ Reportslgladwell govt svcs-Mar27-2014. wpd CONTRACT NO. C33450 CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 27th day of March, 2014, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and Gladwell Governmental Services. Inc. a California Corporation, with its principal place of business at PO Box 62, 1028 Tirol Lane, Lake Arrowhead, CA 92352-0062 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional Records Management consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Records Management consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional Records Management consulting services for the Records Retention, E-mail Management, Records Destruction Procedures and MUFFS File Classification System project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Records Management consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and perFormed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Updated 12/19/13 CONTRACT NO. C33450 3.1.2 Term. The term of this Agreement shall be one year from the date of this agreement. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of perForming the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel perForming the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perForm the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perForm the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at 2 BBK: Nov 2013 72500.00001 \8379472.1 CONTRACT NO. C33450 the request of the City. The key personnel for performance of this Agreement are as follows: Diane R. Gladwell, MMC, President. 3.2.5 Citv's Representative. The City hereby designates Rachelle D. Klassen, City Clerk, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Diane R. Gladwell, President, or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Emplovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perForm the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly 3 BBK: Nov 2013 72500.00001 \8379472.1 CONTRACT NO. C33450 removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Reaulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the perFormance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant perForms any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. 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, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City. General Liabilitv Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liabilitv Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 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 $1,000,000 combined single limit for each accident. 4 BBK: Nov 2013 72500.00001\8379472.1 CONTRACT NO. C33450 Professional liabilitv (errors & omissionsl insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,OOO,Q00 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City of Palm Desert, its officers, agents, employees and volunteers. Umbrella or Excess Liabilitv Insurance Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than 4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies OTHER PROVISIONS OR REQUIREMENTS Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the 5 BBK: Nov 2013 72500.0000118379472.1 CONTRACT NO. C33450 terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coveraqe: Consultant 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 Consultant, his/her agents, representatives, employees or sub-consultants. Citv's Riahts of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. 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. Waiver of SubroQation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City of Palm Desert and shall require similar written express waivers and insurance clauses from each of its sub-consultants. Enforcement of Contract Provisions (non estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 6 BBK: Nov 2013 72500.0000118379472.1 CONTRACT NO. C33450 Primary and Non-Contributinq Insurance: All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Specifications Not Limitina: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten [10] day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide, or be endorsed to provide, that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. Citv's Riqht to Revise Speci�cations: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timelv Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safetv: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 7 BBK: Nov 2013 72500.0000118379472.1 CONTRACT NO. C33450 Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional Insurance: Consultant shall also procure and expense, any additional kinds of insurance, which in necessary for its proper protection and prosecution of the 3.3 Fees and Payments. maintain, at its own cost and its own judgment may be Work. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed $12,200 without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." 8 BBK: Nov 2013 72500.00001 \8379472.1 CONTRACT NO. C33450 3.3.6 Prevailinq Waqes Consultant is aware of the requirements of California Labor Code Section 1720, et se�c ., and 1770, et se�c ., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. 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 under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Aqreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 9 BBK: Nov 2013 72500.00001\8379472.1 CONTRACT NO. C33450 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Gladwell Governmental Services, Inc. PO Box 62 Lake Arrowhead, CA 92352-0062 Attention: Diane R. Gladwell, President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Rachelle D. Klassen, City Clerk Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentialitv. 3.5.3.1 Documents & Data: Licensina of Intellectual Propertv. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). This provision excludes Consultants pre- existing copyrights (the consultant retains all pre-existing copyrights, and does not transfer these to the City.) Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 10 BBK: Nov 2013 72500.0000118379472.1 CONTRACT NO. C33450 3.5.3.2 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other pocuments & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the perFormance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attornev's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 11 BBK: Nov 2013 72500.0000118379472.1 CONTRACT NO. C33450 3.5.6 I ndemnification. 3.5.8.1 Scope of Indemnitv. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.5.6.2 Additional Indemnitv Obliqations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at ConsultanYs own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Aqreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governina Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 12 BBK: Nov 2013 72500.00001\8379472.1 CONTRACT NO. C33450 3.5.10 Citv's Riqht to Emplov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assiqns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assiqnment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Partv Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, 13 BBK: Nov 2013 72500.00001\8379472.1 CONTRACT NO. C33450 brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Eaual Opportunitv Emqlovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authoritv to Enter Aareement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perForm the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. SIGNATURES APPEAR ON THE FOLLOWING PAGE.] 14 BBK: Nov 2013 72500.0000118379472.1 CONTRACT NO. C33450 CITY OF PALM DESERT � Van G. Tanner, Mayor Gladwell Governmental Services, Inc. By: Diane R. Gladwell, President [Signature of Principal to be Notarized.] [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] ATTEST: : Rachelle D. Klassen City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney � Robert C. Gladwell, Secretary 15 BBK: Nov 2013 72500.0000118379472.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �C�.,.�,...�..�>..�,r.�r..etsc('.cc�.�C.cC:c(�.cr.c�c>.er.cf�.cC3el�.c�.cr,cr.c�.e6se(��.cc.ct�.cr.cC�.e<scr.ecsel3cGc�.e�(sc�.ecsct`.�r.cr.cr.cr.c�.c�.o� State of California County of On Date personally appeared before me, Place Notary Seal Above Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _� ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here �.�;c�;c,c:E.�.,cc,c:�.�,.�c.-�.�c:`c.�o�=�c:�.�;cx=,c:�u.�c.�;c.�:� ,c.'�.�:�.�,c:�:�.��c:��c�c:�:�c.�%c.�;c:'�.�;c.�,:�.�:�.^w�w�c�%c'w�=�; OO 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CONTRACT NO. C33450 EXHIBIT "A" SCOPE OF SERVICES GGS will meet individually with each employee / function / department (with the records schedules already prepared based upon GGS's copyright-protected format,) to provide an interactive, educational approach: Employees will be trained, have a high level of ownership, and will be making well-informed decisions based upon the best practices of other cities. It is recommended that the Deputy City Clerk, and/or a designated staff member, attend these meetings so that the knowledge gained from the operations and needs of departments remains with the City. GGS provides a detailed index so employees can easily locate the record they are seeking. GGS provides detailed citations and rational, identifies vital records, and provides recommendations on what records series should be imaged, and which records may have the paper version destroyed after imaging and quality checking. GGS provides training and education relating to various laws and standards interactively during the meetings, as well as informing each department about standard business practices in like departments throughout the State. This enables each department to make well-informed decisions relating to their records retention policy, providing a high level of ownership and buy-in for the program. Deliverables: • Meetings with each employee / function / department to review their Records Retention Schedules, including various other information (vital records, what to image, etc.) • Two days of on-site meetings • Records Retention Schedules for each department • One retention schedule for records common to all departments • Index to retention schedules • Draft resolution of adoption • Draft staff report Option 1 Cost: $8,000 Many cities have found that having an outside expert train employees results in higher levels of acceptance, better compliance and efficiency gains than in-house training. Following approval of the draft policy, four different one-hour training classes held throughout the day will allow all employees to be trained without short-staffing departments. 1 BBK: Apri12013 72500.0000118379472.1 CONTRACT NO. C33450 Deliverables: • One on-site meeting with Stakeholders to discuss options for e-mail retention and best practices in other cities; and to review training materials. • Advice, review and discussion via telephone and e-mail regarding the e-mail policy. • Various Training Materials and Presentations • One day of on-site employee training Option 2 Cost: $1,000 The goal of this day is to assist department employees in making the maximum progress in an efficient, legal manner to destroy records if they are copies, or if their retention has expired. This is now possible for the organization because of the Agency's development of records retention schedules. (The City may want to call this day "Records Destruction Day", "File Liberation Da�' or whatever other name they desire.) GGS will interactively design written instructions to ensure all laws, policies and procedures of the City are followed. GGS will then facilitate a one hour "kickoff' meeting to demonstrate the procedures, train employees and answer any questions. Diane Gladwell will assist employees in preparing records files, answering any questions and ensure they are directing organization will realize the maximum value. Deliverables: • Written procedures for "Free the Files" Day for destruction and "freeing the their efforts in areas where the • Memorandum to Employees • Various Planning meetings (telephone & e-mail) • City-wide Kick-off Meeting and/or individual meetings with employees • Meetings with Departments to provide advice and assistance • Prizes (gift cards) for participants Option 3 Cost: $1,200 GGS will meet with the City Clerk Department, then each Department using the MUFFS file Classification System, to apply the retention periods to the MUFFS system, and revise the system to reflect current needs. GGS will revise the MUFFS document, showing which categories have been made inactive, and reflecting changes in names, numbers, and adding retention periods for that category 1 BBK: Apri12013 72500.00001 \8379472.1 CONTRACT NO. C33450 Deliverables: Meetings with departments / divisions that uses MUFFS One day of on-site meetings Revised MUFFS File Classification Option 4 Cost: $2,000 OVERVIEW OF OPTIONS AND COSTS 1 Records Retention Schedules / Best Practices On Site Meetings $8,000 2 E-mail Best Practices Training $1,000 3 Destruction Procedures and Training /"Free the Files" Day $1,200 4 MUFFS Revision and Application of Retention Periods $2,000 TOTAL $12, 200 3 BBK: Apri12013 72500.00001\8379472.1 CONTRACT NO. C33450 EXHIBIT "B" SCHEDULE OF SERVICES MEETINGS WITH CITY OF PALM DESERT DEPARTMENT REPRESENTATIVES TO CARRY OUT TERMS OF THIS AGREEMENT, AS SPECIFIED IN EXHIBIT "A," ABOVE, TO BE SET FOR MUTUALLY AGREEABLE DATES AND TIMES TO BE DETERMINED IN ORDER TO COMPLETE THE SCOPE OF WORK DURING THE DURATION OF THIS AGREEMENT. 1 BBK: Apri12013 72500.00001\8379472.1 CONTRACT NO. C33450 EXHIBIT "C" COMPENSATION OVERVIEW OF OPTIONS AND COSTS 1 Records Retention Schedules / Best Practices On Site Meetings $8,000 2 E-mail Best Practices Training $1,000 3 Destruction Procedures and Training /"Free the Files" Day $1,200 4 MUFFS Revision and Application of Retention Periods $2,000 TOTAL 72500.00001 \8379472.1 $12,200 BBK: Apri12013 PROPOSAL FOR PALM DESERT, CALIFORNIA EXECUTIVE SUMMARY A recent Coopers 8� Lybrand study showed that records and information systems often represent 50% of the total cost of doing business, and the average office makes 19 coaies 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 (1 lost document = $370) Palm Desert will receive the following benefits from this project: 1. Provide employee training, ownership and knowledge of the City's Records Management program; 2. Update all schedules to be in compliance with current state and federal law; 3. Ensure efficiency and consistency. 4. Free Office and Storage Space. 5. Ensure fast response times and excellent 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 Master Municipal Clerk that has developed records management programs for over 100 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, business process reengineering (BPR), 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. GGS's legal research and knowledge in the retention of California government records is unsurpassed, as noted by one of our clients: "Her knowledge of municipal government and its struciure are immense and her legal research was flawless." Ms. Gladwell has no vendor affiliations, and therefore can provide objective advice and recommendations, where appropriate. Proposal for Palm Desert — Records Management Project (2012) Submitted by Gladwell Govemmental Services, Inc. 909.337.3516 www.gladwellgov.org p8ge 1 SCOPE OF WORK RECORDS MANAGEMENT PROJECT GGS will meet individually with each employee / function / department (with the records schedules already prepared, and former retention periods clearly disclosed) to provide an interactive, educational approach: Employees will be trained, have a high level of ownership, and will be making well-informed decisions based upon the best practices of other cities. It is recommended that the Deputy City Clerk, andlor a designated staff member, attend these meetings so that the knowledge gained from the operations and needs of departments remains with the City. GGS provides a detailed index so employees can easily locate the record they are seeking. GGS provides detailed citations and rational, identifies vital records, and provides recommendations on what records series should be imaged, and which records may have the paper version destroyed after imaging and quality checking. GGS provides training and education relating to various laws and standards interactively during the meetings, as well as informing each department about standard business practices in like departments throughout the State. This enables each department to make well-informed decisions relating to their records retention policy, providing a high level of ownership and buy-in for the program. Deliverables: • Meetings with each employee / function / department to review their Records Retention Schedules, including various other information (vital records, what to image, etc.) • Two days of on-site meetings • Records Retention Schedules for each department • One retention schedule for records common to all departments • Index to retention schedules • Draft resolution of adoption • Draft staff report Option 1 Cost: $8,000 Option 2: E-mail Best Practices Training Many cities have found that having an outside expert train employees results in higher levels of acceptance, better compliance and efficiency gains than in-house training. Following approval of the draft policy, four different one-hour training classes held throughout the day will allow all employees to be trained without short-staffing departments. Proposal for Palm Desert — Records Management Project (2012) Submitted by Gladwell Govemmental Services, Inc. 909.337.3516 www.gladwellgov.org page 2 Deliverables: • One on-site meeting with Stakeholders to discuss options for e-mail retention and best practices in other cities; and to review training materials. • Advice, review and discussion via telephone and e-mail regarding the e-mail policy. • Various Training Materials and Presentations • One day of on-site employee training Option 2 Cost: $1,000 Option 3: Destruction Procedures and Training /"Free the Files" Day The goal of this day is to assist department employees in making the maximum progress in an efficient, legal manner to destroy records if they are copies, or if their retention has expired. This is now possible for the organization because of the Agency's development of records retention schedules. (The City may want to call this day "Records Destruction Day", "File Liberation Day" or whatever other name they desire.) GGS will interactively design written instructions to ensure all laws, policies and procedures of the City are followed. GGS will then facilitate a one hour "kickoff" meeting to demonstrate the procedures, train employees and answer any questions. Diane Gladwell will assist employees in preparing records for destruction and "freeing the files, answering any questions and ensure they are directing their efforts in areas where the organization will realize the maximum value. Deliverables: • Written procedures for "Free the Files" Day • Memorandum to Employees • Various Planning meetings (telephone & e-mail) • City-wide Kick-off Meeting and/or individual meetings with employees • Meetings with Departments to provide advice and assistance • Prizes (gift cards) for participants Option 3 Cost: $1,200 Option 4: MUFFS Revision and Application of Retention Periods GGS will meet with the City Clerk Department, then each Department using the MUFFS file Classification System, to apply the retention periods to the MUFFS system, and revise the system to reflect current needs. GGS will revise the MUFFS document, showing which categories have been made inactive, and reflecting changes in names, numbers, and adding retention periods for that category Proposal for Palm Desert— Records Management Project (2012) Submitted by Gladwell Governmental Services, Inc. 909.337.3516 www.gladwellgov.org page 3 Deliverables: • Meetings with departments / divisions that uses MUFFS • One day of on-site meetings • Revised MUFFS File Classification Option 4 Cost: $2,000 OVERVIEW OF OPTIONS AND COSTS Records Retention Schedules / Best Practices On Site Meetings $8,000 E-mail Best Practices Training $1,000 Destruction Procedures and Training /"Free the Files" Day $1,200 MUFFS Revision and Application of Retention Periods $2,000 TOTAL $12,200 Proposal for Palm Desert — Records Management Project (2012) Submitted by Gladwell Governmental Services, Inc. 909.337.3516 www.gladwellgov.org page 4 METHODOLOGY All work is performed by the President of Gladwell Governmental Services, Inc. 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 and the pre- existing intellectual property of GGS, ensuring consistency and high levels of quality 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 Palm Desert to ensure the prog�am: • 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 cosUbenefit ratio and return on investment. Drafts of all work will be released to Palm Desert during the course of the project. Palm Desert 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 Palm Desert apprised of the work progress. The consultant witl 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 Palm Desert staff for information. "...a records management program is actually a monev saver - a protection against ineffective operations. It is even more significant as a safeguard against disaster and lawsuits" -ICMA (International City/County Management Association) Proposal for Palm Desert — Records Management Project (2012) Submitted by Gladwell Governmental Services, Inc. 909.337.3516 www.gladwellgov.org page 5 RESUME SUMMARY Diane R. Gladwell is a Master 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 100 organizations, including AIIM, ARMA and COMDEX. PROFESSIONALBACKGROUND Gladwell Governmental Services, Inc. President 1989 to present Clients have included over 100 California 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. EDMS / 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 1992 to 1995 City Clerk 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 "tnfoSLO" 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 Citywide records management program based on optical disk technology which has received international, national and state awards for exceptional records management programs. Proposal for Palm Desert — Records Management Project (2012) Submitted by Gladwell Governmental Services, Inc. 909.337.3516 www.gladwellgov.org page 6 Food 4 Less / Market Basket / Viva / Boys Markets 1980-1989 Credit Management Services Supervisor 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 Pacific 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 Technologico, 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) PresidenYs 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) PresidenYs Award for Excellence in Public Presentations and Published Articles; City Clerks Association of Califomia (CCAC); Rotary, International, Lake Arrowhead Chapter: (2) Special Service Awards for Projects which raised over $40,000 for fire victims. (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 Executives and Professionals PRESENTATIONS AND PUBLICATIONS University of Riverside, Extension / Technical Track for Clerks: Records Management, Elections 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) Government Technology Conference Co-Author: Ballot Counting Procedures and Guidelines (various voting systems) Author: Document Imaging Efficient Filing Funding Records Management Projects Elections Management and Performance Measurement Various articles published by ARMA, ICMA, IIMC and NAGARA PROFESSIONAL MEMBERSHIPS AIIM Professional Level Member 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) Continuing Education for Public Officials: Member, Executive Board of Directors International Institute of Municipal Clerks (Past Chair, Resource Committee, Membership Task Force, Vice Chair, Records Management Committee) National Association of Government Archives and Records Administrators (NAGARA) Proposal for Palm Desert — Records Management Project (2012) Submitted by Gladwell Governmental Services, Inc. 909.337.3516 www.gladwellgov.org page 7 CITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS INTEROFFICE MEMORANDUM To: CARLOS L. ORTEGA, CITY MANAGER ASSISTANT CITY MANAGERS ALL CITY DEPARTMENT HEADS From: City Cierk Date: November 10, 2005 Subject: Records Manaaement Needs Assessment Through my office, the City has hired Gladwell Governmental Services, Inc. (GGS), specializing in records management in California municipal governments, to produce a Needs Assessment of our Records Management Program. The President of the firm, Diane R. Gladwell, is a Certified Municipal Clerk with over 20 years' experience managing in the public and private sectors. Ms. Gladwell has facilitated records management and records retention programs, including document imaging systems, for over 100 California cities, counties, and special districts, and has received multiple awards recognizing excellence in municipal government administration. GGS has no vendor affiliations and does not sell any products, which allows us to benefit from "Best Practices" of other cities and obtain objective advice. She will be on site on Tuesday. November 22. There is no set agenda; we may be stopping by your office to ask you and your staff some questions that morning, depending upon what is determined as an unmet need or concern. I encourage you to also be ready with some questions of your own while she's here. The deliverable of this project is a formal Needs Assessment document, outlining our accomplishments, our unmet needs, and a prioritized, long-range action plan to improve our Records Management Program overall. Ms. Gladwell and I look forward to working with you in this process. Please call me at extension 304 or e-mail me if you have any questions. � � — R CHELLE D. KLASSEN, CMC � J CITY CLERK cc: Grace L. Mendoza, Deputy City Clerk M. Gloria Martinez, Records Technician Rosie Griffin, Office Assistant II RECORDS MANAGEMENT NEEDS ASSESSMENT CITY OF PALM DESERT December, 2005 DRAFT Version 1.0 (I'll do a nice cover when it's finalled) C-�i.,.�►C,�V'JE L L.. Gt7�E�f�+JM� `NTAL SEi��'iG�`'3, iNC. Recorda Msnagsrnent, �GompuRer Tedhnologles, Elactiona 6 R9angPneerinq Eaccel/ence For Your Programs'M TABLE OF CONTENTS Executive Summary and Background ...........................................................................................1 ProjectOverview ...........................................................................................................................2 Accompl ish ments .......................................................................................................................... 3 Findings/ Unmet Needs ...............................................................................................................6 Finding F-1: A High Volume of Complex Documents are Produced by the City ............... 6 Finding F-2: Most Records Storage Areas Have Reached or Exceeded Their Capacity. 6 Finding F-3: Retention Schedules Result in Unnecessary Imaging and Retention of Records........................................................................................... .................................. 7 Finding F-4: The Questys EDMS (Electronic Document Management System) Requires Policies, Procedures, Planning and Standards ................................................................. 7 Finding F-5: Records Stored in the Records Storage Room Have Exceeded Capacity andare Not Organized ...................................................................................................... 7 Finding F-6: Older Systems Have Continued to Be Supported in the City Clerk's Office 8 Finding F-7: City Wide Records Management Policies, Procedures, and Employee TrainingNeed to be Developed ........................................................................................8 Finding F-8: Some Records are Time-Consuming to Research & Retrieve .....................8 Finding F-9: The City Clerk's Records "VaulY' Does Not Meet Industry Standards..........8 Finding F-10: Protection of Vital Records is Inadequate .................................................. 9 Best Practices Option: Recommendations / Action Plan ..........................................................10 Recommendation BPR-1: Do Not Invest In Physical Plant Improvements ...................10 Recommendation BPR-2: Update City-wide Records Retention Schedules ..................10 Recommendation BPR-3: Develop Policies, Procedures, Plans and Standards for the QuesytsEDMS System ...................................................................................................11 Recommendation BPR-4: Discontinue Microfilming and Indexing Records in the City Clerk's Department ........................................................................................................14 Recommendation BPR-5: Develop Clear Responsibilities, Policies and Procedures for theRecords Storage Room .............................................................................................14 City of Palm Desert Needs Assessment - December, 2003 002003 Gladwell Governmental Services, Inc. (909) 3373516 II Recommendation BPR-6: Develop Efficient Destruction Procedures, Train Employees, and Conduct "Free the Files" Days .................................................................................15 Recommendation BPR-7: Provide a Robust Records Management Manual and Training Program for Representatives from All Departments ..........................................15 Recommendation BPR-8: Consider a City-wide Computerized File Tracking / Color CodedLabeling Program ................................................................................................16 Best Practices Option Recommendation Summary ........................................................17 Least Cost Option: Recommendations / Action Plan ................................................................18 Recommendation LCO-1: Do Not Invest In Physical Plant Improvements ...................18 Recommendation LCO-2: Update City-wide Records Retention Schedules ..................18 Recommendation LCO-3: Develop Policies, Procedures, Plans and Standards for the QuesytsEDMS System ...................................................................................................18 Recommendation LCO-4: Discontinue Microfilming and Indexing Records in the City Clerk's Department ........................................................................................................19 Recommendation LCO-5: Develop Clear Responsibilities, Policies and Procedures for the Records Storage Room .............................................................................................19 Recommendation LCO-6: Develop Efficient Destruction Procedures, Train Employees, and Conduct "Free the Files" Days .................................................................................19 Recommendation LCO-7: Provide a Robust Records Management Manual and Training Program for Representatives from All Departments ..........................................19 Recommendation LCO-8: Do Not Consider a City-wide Computerized File Tracking / Color Coded Labeling Program .......................................................................................19 Least Cost Option Recommendation Summary ..............................................................20 Personnel, Approach and Methodology 21 Qualifications.............................................................................................................................. 22 Appendix A: Document Imaging Laws Appendix B: Filing System Authorities Appendix C: Current Retention Schedules 24 26 Palm Desert Records Management Needs Assessment - December,2005 02005 Gladwell Governmental Services, Inc. (909) 337-3516 I EXECUTIVE SUMMARY iblsoN w��� "A decision is as good as the information that goes into it." �lohn F. Bookout, Jr. In December of 2005, an on-site records management needs assessment was conducted for the City of Palm Desert to assist the City in developing efficient, effective services for internal and external customers. Several industry-wide factors have increased the importance of records management issues to the City: • Increased volume of records • Commitment to excellent customer service levels • Increased litigation and the expense of responding to records discovery; • Release of ISO 15489 (International Records Management Standards); The volume of documents has dramatically increased as a result of the computer age and the increased regulation, sophistication and complexity of municipal government services. Paper usage has doubled since 1966', and the average office currently makes 19 copies of every document they produce2. Systems, policies and procedures that have not been adequately developed can result in expensive and embarrassing mistakes for the City. For example, in one California City, the Planning Department stored printed e-mails and correspondence from their City Attorney in their project files without identifying them as attorney-client privileged communications. These e- mails were provided to a member of the public over the counter, then later used against the City in an expensive litigation case. Many of the services provided by the City affects the lives of its citizens and businesses, and the records management systems impact many critical projects ' United Nations Food and Agriculture Organization 2 Coopers and Lyband Study; 1998 Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 Project Overview The project's goal is to ensure the most cost-effective, efficient application of resources to increase customer service levels in the City as it relates to records management in City Hall. Rather than use a"shotgun" approach, the City Clerk's office procured this assessment to ensure the City was making investments that had a high ROI (Return on Investment), were cost- effective, and were sustainable over time. Gladwell Governmental Services, Inc. (GGS) has assisted over 80 California cities in improving various policies and procedures. The President of the firm, Diane R. Gladwell, CMC is a former City Clerk. For more information about the firm, refer to Personnel, Approach and Methodology and Qualifications sections of this document. On-site interviews were provided and "Best Practices" and alternatives to solve issues were discussed with employees. The Findings and Recommendations in this document are based upon various standards, guidelines and publications, including California Secretary of State's Guidelines for Local Government Records, ISO 15489 (the International Records Management Standard), NISO (National Information Standards Organization), ARMA (Association of Records Management and Administrators, Inc.), NAGARA (National Association of Government Archives and Records Administrators), and ICMA (International City/County Management Association), and State and Federal laws. Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 2 Palm Desert has used the existing space in City Hall as efficiently as possible, within the design of the floor space and existing office equipment. In order to minimize labor expenses, the City has implemented a hybrid "decentralized" Records Management program. In this business model, each department devotes the labor required to manage their records, and creates their own filing systems and labels. Within this hybrid decentralized program, the City has developed and applied many efficient and effective records management programs, some of which are mentioned here. The City has implemented a Quesyts Electronic Document Management System (EDMS) that is capable of supporting all departments in the City, and integrating with other information technology systems. The system can provide the following benefits to the City for records that are properly imaged in the system: • Improved Customer Service Levels • Improved Access to Documents • Reduced Duplication of Effort, Copying and Filing • Powerful Research • Fast Retrieval • Disaster Recovery: Replaces Microfilm • Immediate, Random Input (faster protection from Disasters) High density file cabinet systems have been purchased and installed in most departments. Advantages of open shelf files with end-tabbed file folders are3: 1. Retrieval may be 40% faster and refiling approximately 50% faster 2. Errors are reduced, primarily due to color coding 3. The cost of shelving is lower 4. Open-shelf filing requires less than half as much floor and aisle space as traditional filing cabinets 3 Mims I II, Julian L.. Records Management: A Practical Guide for Cities and Counties. Washington, DC: International City/County Management Association, 1996. Palm Desert Records Management Needs Assessment — December, 2005 02005 Gladwell Governmental Services, Inc. (909) 3373516 olc.ers in various departments The City has developed and implemented a numeric file classification system based on MUFFS (Municipal Unified Functional Filing System), which is less subjective and error-prone than alphabetic systems. The City has also developed a records retention schedule that was based upon Statewide guidelines. Racked shelving systems that meet records management standards are utilized in the shared inactive records storage room; most departments have inactive records and other material stored in this room. Boxes stored on racked shelving in the records storage room Most Departments have maintained indexes to records so they are able to quickly and efficiently locate and retrieve them. �s in f at files with index posted on the wall Several departments utilize a commercial off-site records storage vendor to store inactive records, providing inexpensive storage and retrieval of records. All Valley Document Storage's costs compare favorably to industry standards. The City has had an active microfilming program, providing disaster recovery and space maximization for many years. The City has maintained indexes of what records series were microfilmed. Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 4 Microfilm rolls � Correct orientation for 1 minute books Planning is in the process of a large file conversion project and preparing its files in anticipation of imaging the records by removing preliminary drafts and photocopies from their files. (NOTE: I never received a list of questions from Mary, who wasn't there the day I was on site) Clerk's vault Palm Desert Records Management Needs Assessment — December, 2005 02005 Gladwell Governmental Services, Inc. (909) 337-3516 Finding F-1: A High Volume of Complex Documents are Produced by the City Palm Desert provides a variety of robust, complex services to its citizens, and necessarily generate many complex, voluminous records as a result. Finding F-2: Most Records Storage Areas Have Reached or Exceeded Their Capacity Most records storage areas are at, or have exceeded, their capacity. It should be noted that according to ARMA, International (Association for Information Management Professionals) the average filing system grows at 20%; so this will be a continuing issue that the City must address. Boxes stacked on floor in storage room DDA's overflowing their cabinet in Redevelopment Palm Desert Records Management Needs Assessment — December, 2005 02005 Gladwell Governmental Services, Inc. (909) 3373516 6 Full Filing Cabinets in the City Clerk's Vault Full department-level cabinets Finding F-3: Retention Schedules Result in Unnecessary Imaging and Retention of Records The City's records retention schedules, developed based upon Statewide Guidelines, require microfilming many unnecessary records series, do not properly identify who is responsible for retaining the original, and result in the unnecessary imaging and retention of some records (a copy of the current records retention schedule is in Appendix C). Many employees expressed a desire to understand what they should keep, how long to keep it, and when they could destroy different records. Finding F-4: The Questys EDMS (Electronic Document Management System) Requires Policies, Procedures, Planning and Standards The Questys EDMS is a scaleable, robust system, and is sufficient to support the long-term document management needs of the City. Although the system was not functioning for over a year, the City has been upgrading software and expanding the use of the Questys system, and has purchased sufficient licenses to support City-wide use of the system. Employees have reported siqnificant backlogs in importing, quality checking, indexing and OCRing documents after they have been imaged by an outside scanning bureau. There has been an overall lack of active management of what records series are imaged, written standards, plans, policies and procedures to ensure efficient and effective records storage and retrieval over time (e.g. some departments have not OCR'd all their text documents). Employees stated they had retained the paper files, but it was difficult for them to determine what had been imaged, and what had not been imaged. Different employees had started, then stopped imaging projects before they were completed because they didn't have the time to complete the project. Management controls should be developed and put in place to ensure legal compliance and consistent, effective, efficient use of the system in the future. Finding F-5: Records Stored in the Records Storage Room Have Exceeded Capacity and are Not Organized Palm Desert Records Management Needs Assessment - December, 2005 02005 Gladwell Governmental Services, Inc. (909) 337-3516 % The records storage room has been cleaned and organized several times in the past, but the room has again fallen into a state where boxes have exceeded shelving space, are being stacked on the floor, and records are being crushed and are difficult to locate. Equipment and supplies have been stored among records. Finding F-6: Older Systems Have Continued to Be Supported in the City Clerk's Office Microfilming is an analog document imaging technology, and the City has taken a wise, conservative approach to imaging by having the outside service bureau produce both digital images to import into Questys, and microfilm images. The microfilm is then indexed by the Office Assistant in the City Clerk's department. In addition, the City Clerk's Department is continuing to perform data entry into the Munimetrix legislative history system. Finding F-7: City Wide Records Management Policies, Procedures, and Employee Training Need to Be Developed Clear procedures have not been developed in a variety of areas, including the procedure for destruction of appropriate records that have exceeded their usefulness to the City. There has been minimal training for City employees performing these functions. Employees had valid questions and concerns about how to properly managing electronic records and e-mail, a complex and changing area of law, in addition to a variety of questions relating to filing systems and techniques, which records were accessible to the public and other records management subjects. Finding F-8: Some Records Are Time-Consuming to Research & Retrieve Several employees reported that searching for, and retrieving images from microfilm was time- consuming, reducing customer services levels. Employees that used Questys EDMS reported that searching and retrieving records via Questys was much faster, and provided better quality records than microfilm. Finding F-9: The City Clerk's Records "Vault" Does Not Meet Industry Standards The City Clerk's vault is well-organized, and has been designed by employees to maximize capacity and efficient operations. However, there are fire sprinklers overhead, and it does not meet ARMA4 and NAGARAS specifications for paper archiva► records storage, which include: A. Walls, floor and ceiling should be at least 6" reinforced concrete. B. The lowest records storage space should be not less than 4" above the floor and four feet below light fixtures. 4 Association for Information Management Professionals 5 National Association of Government Archives and Records Administrators Palm Desert Records Management Needs Assessment — December, 2005 02005 Gladwell Governmental Services, Inc. (909) 337-3516 C. Records storage areas should have fire suppression systems that will not damage records; no water sprinkler valves. D. Temperature should be kept between 60° - 70° (must not fluctuate). E. Humidity should be kept between 40% - 50%. Finding F-10: Protection of Vital Records is Inadequate Vital recordss have not been identified; many have not been protected via imaging (microfilmed or scanned into a digital document imaging system, then burned onto optical disk media) to protect them in the event of a disaster or inadvertent loss (including misfiling or missing documents.) Protection of vital records is particularly important for the City because of the role the City organization plays in protecting the life and property of the citizens they serve. 6Vital Records are records essential to the continued functioning or reconstruction of an organization during and after an emergency; also those records essential to protecting the rights and interest of that organization and of the individuals directly affected by its activities. Palm Desert Records Management Needs Assessment — December, 2005 �02005 Gladwell Governmental Services, Inc. (909) 337-3516 9 Implementation of the proposed action plan will gain many benefits for the Department, and to the City as a whole: • Improve response times and customer service levels. • Decrease the incidence of lost or misplaced records. • Increase efficiency and consistency. • Protect vital records. • Eliminate some duplication of effort. • Free some space. • Ensure the City is in compliance with complex regulations. • Provide employee training and education. • Provide an efficient "base" for operations in future years. This Action Plan is presented in the recommended chronological order. In recognition of the State budget crisis and the financial constraints of the City, the least expensive "best practice" alternative is being recommended in each instance. Priorities: 1=crifical need 5=lowesf need Recommendation BPR-1: Do Not Invest In Physical Plant Improvements (Priority 1) — Significant Cost Avoidance As noted in the findings section of this document, the City has generally made excellent choices in equipment and the use of available City Hall space to maximize capacity and efficiency. Rather than invest in remodeling, or other equipment purchases, GGS recommends utilizing existing systems and improving the efficiency and utilization of them. It should be noted that GGS found that the systems selected in the past by the City (e.g. Questys EDMS, All-Valley Document Storage, etc.) have also been efficient and cost-effective. Rather than upgrade the City Clerk's vault, remodel or add on to the building to created needed space to house additional records, using existing contracts with All-Valley Document Storage, more efficient use of Questys and other systems will create the additional storage capacity need by the City for future operations. Of course, proper filing equipment should be provided for the DDAs in Redevelopment (see Finding F-2). Recommendation BPR-2: Update City-wide Records Retention Schedules (Priority 1) — Cost Esfimate - Two Days onsite (recommended): $7,800' �Includes meetings with each department, Records Retention Schedules for each department, one retention schedule for records common to all departments, agenda staff report, resolution, detailed index to schedules (a total of two days on-site). Palm Desert Records Management Needs Assessment — December, 2005 02005 Gladwell Governmental Services, Inc. (909) 3373516 � 0 As noted in the findings section of this document, the City's records retention schedules do not establish clear responsibilities for the retention of original records, result in unnecessary imaging and retention expenses, and do not address all records series used by the City. See Appendix C for the current records retention schedule. This recommendation will provide the least expensive, fastest method to increase capacity by eliminating the storage, management, imaging, and retention of unnecessary records. The on- site update will also provide education on "Best Practices" of other like departments across the State, and will provide controls and better choices for which records series the departments spend money to image into the Questys system. The update is being recommended on a City-wide basis, since many records stored in several departments (invoices, personnel files, time cards, etc.) will be managed by other departments, and the project will increase the efficiency of operations of all departments. This will provide for immediate efficiency gains in the organization. It should be noted that retention periods must be articulated in the Questys system, and in microfilm (the retention period applies no matter what media the record is stored in). Employees must know how long to keep different records series prior to scanning them so they can design a method to purge them from Questys. In an interactive and educational process, GGS would revise the current schedules into an easy-to-use retention schedule for each department, and the City as a whole. The revised schedule will be far more detailed than the current schedule, will identify vital records, and provide information about what documents should be imaged, and information about whether the paper version of a record should be destroyed prior to its retention expiring. A detailed cross-reference Index to the schedules will be produced for the retention schedules following Council adoption. Recommendation BPR-3: Develop Policies, Procedures, Plans and Standards for the Questys EDMS System (Priority 1) — Cost Estimate: $4,440 +$35,000 annually (see below) In a Price Waterhouse study in attorney offices searching for specific topic, author and date range: Manually, para/egals took 67 hours and found 15 documents Electronically, the same search took 4.5 seconds and found 20 documents As this study demonstrates, there are a variety of benefits to be gained through Questys Document Imaging (or Electronic Document Management Systems, EDMS). The Information Technology department reported that the software and hardware were sufficient to support the system, and no further analysis of the system configuration was conducted by GGS. Employees from several departments reported serious backlogs in importing / QCing / OCRing / Indexing outsourced scanned images in the system, a serious concern. Even if scanning is outsourced, City employees must not only locate and prepare documents for scanning, they are legally required to quality check both the images and indexing prior to destroying the paper version, making the process labor-intensive. In addition, most departments are continuing to store the paper version of documents after they have been scanned, a prudent decision until policies and procedures can be developed that ensure the images are legally admissible as the original in full compliance with California law. Palm Desert Records Management Needs Assessment — December, 2005 �02005 Gladwell Governmental Services, Inc. (909) 337-3516 11 BPR-3, Step 1. Develop Citywide Document Imaging Policies and Procedures, Including Written Naming Conventions and Standards for Existing Applications Cost Estimate: $9608 Policies and procedures will ensure compliance with California law (see Appendix A), and provide a mechanism to ensure document imaging projects are approved, are supportable long term (no starts and stops, and scanned documents are properly managed and tracked), are beneficial to the City as a whole, and indexing for each records series is appropriate and performed consistently over time. Managerial controls should be established to prevent inefficient operations and ensure all departments are implementing the technology in the most efficient, effective manner. Policies and procedures are the foundation for legal admissibility of documents stored in a document imaging system. California law is complex, and it is critical to comply with various requirements prior to destroying the paper version of a document before its retention period has expired. The policy should establish clear responsibilities and procedures to ensure legal compliance for the City. The original paper versions of documents should not be allowed to be destroyed until full legal compliance can be determined and documented. The recommendation includes developing written naming conventions and indexing standards for documents currently supported in Questys. This should be a pre-requisite for any record series stored in the system to ensure thoughtful development, and consistency of data entry (and therefore searching and retrieval) in the system. Decisions regarding naming conventions should be based upon integration with GIS, HTE, and other systems, and the Searchinq, logic in Questys, with the vision of thousands of potential "hits" after many years of input, and ties into GIS, building permit or other applications. Written documentation of the naming conventions, indexing standards, and document standards (what constitutes a document in Questys) should be developed so that it is consistently followed by all employees over the years. BPR-3, Step 2. Develop Document Imaging Plans / Action Plans for Departments Cosf Esfimate: $2, 5209 To ensure the most valuable records are scanned into the system first, and that there is appropriate funding or labor to scan in proposed documents over time, Document Input Plans should be developed for those departments wishing to scan or import records into Questys. Outsourcing can also be discussed and considered by departments, including the administrative impacts and different strategies and budgets (e.g. having the vendor provide the Quality Checks required by law). $ Includes Citywide policies and procedures, training, documentation of standards for existing Questys applications, and one day of on site facilitation. 9 Includes Document Input Plans and Action Plans for various departments in prioritized order with naming conventions and three days of on-site facilitation. Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 � 2 These plans will allow the City to make well-informed decisions on whether to proceed (or not proceed) with each records series, so that the program is consistent and sustainable over time. Each Plan will include an Action Plan to address their existing data inconsistencies / backlogs in the system. Each plan should be prioritized in order of benefit and importance to the organization, and establish various administrative controls to ensure consistent indexing and scanning methodologies over time, ensure retention periods are articulated in the document imaging system, and ensure various privacy and security concerns are addressed in the system. Each records series that has a retention period of less than permanent will have a retention / destruction methodology developed. Document Input Plans will include naming conventions and indexing standards for each records series, and identify future applications to integrate systems (e.g. HTE or GIS and Questys). BPR-3, Step 3. Provide City-Wide Training Program. Cost Estimate: $96010 After steps 1— 2 have been implemented, all employees should participate in a training program that reviews the program, goals, policies, database, and how to perform searches. Several 1 hour classes can be provided over the period of one day so that departments to not leave their offices short-staffed during the training sessions. Training should include the use of the multi-function copiers, since all department employees have not been trained on their use to capture images into Questys. Training should include procedures and forms to track what records have been imaged, and how to destroy the paper version of documents that have been imaged that will ensure full compliance with California law, freeing up space and reducing the cost of paper records stored at All-Valley Document Storage. This is an on-going expense for any document imaging system, no matter what the brand of the system, and should be scheduled on at least an annual basis; subsequent training can be provided by the City Clerk or other in-house personnel. BPR-3, Step 4. Hire a Full-Time Imaging Clerk Cost Esfimate: $35,000/year In order to address the backlog of images to be placed into the system, scan more documents into the system, and to implement document imaging plans in various departments, a full-time clerical position should be created that is devoted to importing or scanning documents into Questys in accordance with standards and the document imaging plans. The position can "rove" among departments so that the backlogs in all departments are addressed. The scanner should report to the City Clerk to ensure all records are scanned in compliance with legal requirements and records management policies and procedures, and different imaging projects are not started, then stopped before they are completed. �o Includes one day on-site and "Quickstarts" Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 � 3 BPR-3, Step 5. After all Current Departments' Imaging Projects are Up-to-Date, Expand Program to Other Departments . Cost Estimate: None - Use Internal Labor Some departments (e.g. Redevelopment, Planning) have not begun imaging projects yet. Expansion of new records series should be commenced only after steps 1— 4 have been completed, and then done in compliance with policies and procedures (e.g. develop a document imaging plan first.) It should be noted that Planning has been preparing files for scanning (by deleting drafts and photocopies from their files). BPR-3, Step 6. Provide an Annual Training Program. Cost Esfimate: None - Use Infernal Labor New employees, as well as current employees will always need "refreshers", and improvements in their skills will reap many efficiency improvements. After the initial user training recommended in Step 3, user training can be provided by City Clerk personnel visiting every department, or in groups with demonstrations using a computer and LCD monitor. On-going, individual training should be provided to any employee that demonstrates a need by the City Clerk's staff throughout the year. It is typical that areas for system improvement are identified during these training sessions, and a list should be kept of these issues and improvements, and then implemented with the advice of the vendor and/or GGS. Recommendation BPR-4: Discontinue Microfilming and Indexing Records in the City Clerk's Department (Priority 1) — Savings: Software Maintenance Cosfs of Munimetrix, Internal Labor Savings Provided Recommendation BPR-x (improvement of the Questys system) is implemented, the expenses associated with microfilming, indexing the microfilmed records, and performing data entry / legislative history tracking in the Munimetrix system can be discontinued. Questys must be implemented so that it fully replaces the functionality of these two systems before they are discontinued. Recommendation BPR-5: Develop Clear Responsibilities, Policies and Procedures for the Records Storage Room (Priority 1) — Cost Esfimate $480" Clear roles and responsibilities, including overall management and oversight of the room should be established, so that departments know what records are stored in what boxes. This recommendation includes developing policies and procedures based upon "Best Practices" of 11 Includes policies, procedures, and one-half day on site. Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 14 municipal and commercial records storage areas, without significant investments in software or systems. In addition, a separate area for surplus equipment and/or decorations and supplies should be provided that is adequate to store surplus computer equipment, chairs, desks, etc. When the capacity of the shelving is exceeded, departments should be instructed use All-Valley Document Storage. Recommendation BPR-6: Develop Efficient Destruction Procedures, Train Employees, and Conduct "Free the Files" Days (Priority 1) — Cost Esfimate for services $96012 (Net Cost could be $0, offset by savings from records sfored at All-Valley Document Storage) Following the adoption of the revised records retention schedules, and development of Responsibilities, Policies and Procedures for the Records Storage Room, records no longer required to conduct business can be destroyed. This recommendation includes developing policies and procedures to destroy the paper version of records after they have been imaged, ensuring full legal compliance with California State law. It is important that an efficient procedure to destroy original records with checks and balances is established by the City to ensure employees are destroying original records in accordance with various laws, and that employees be fully trained. The cost of this recommendation includes GGS developing the destruction procedures and forms, providing employee training and assisting employees on site to ensure they are maximizing their productivity, and GGS's assistance for one full day on site to ensure records are properly destroyed and/or organized. City employees would properly destroy, label, and reorganize records managed by their own departments, including those stored in the Records Storage Room and All-Valley Document Storage. Recommendation BPR-7: Provide a Robust Records Management Manual and Training Program for Representatives from All Departments (priority 2) — Esfimated Cosf: $4,90013 Building upon Palm Desert's existing program, a new Citywide records management manual should be written in an interactive manner with employees, providing a high level of ownership, education and skill within Palm Desert staff. The manual will provide training for staff on Palm DeserYs records management systems, policies and industry-standard practices, including the Public Records Act. The following subjects are proposed to be included: •Program overview and structure (responsibilities) •What records are accessible to the public, and the Public Records Act, Procedures •Electronic Records and e-mail •Filing Pracedures •Policies and Procedures for Inactive Records Storage •Inventories 12 Includes policies, procedures, and employee training provided by GGS; all travel expenses and one full day on-site. 13 Includes Records Management Manuals (1 for each department suitable for additional reproduction), five 2 hour training meetings, Training Certificates for Attendees. Palm Desert Records Management Needs Assessment — December, 2005 02005 Gladwell Governmental Services, Inc. (909) 337-3516 15 •Records Retention •Filing Equipment & Off-site storage •Disaster Recovery •Document Imaging Policies (basic guidelines) •Records Disposal •Glossary •Forms •Listing of records exempt from public disclosure Five 2-hour training meetings will be held, suitable for Citywide 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 Palm Desert's staff. Certificates for completing the Records Management Course will be presented to all employees attending the training sessions. This recommendation is designed to solve several unmet needs, including policies and procedures for inactive records, filing systems, electronic records and e-mail, etc. Recommendation BPR-8. Consider a City-wide Computerized File Tracking / Color- Coded Labeling Program (priority 4) — Estimated Cost: unknown Some departments are not using color-coded labels at all; some departments are using the "press-on" color labels, and some departments have a computerized color-coded labeling system. These systems can provide complete records life-cycle tracking systems (for paper files), not only creating the color-coded label with bar codes, but enabling staff to track the existence and locations of file folders that have been created within the system, including after they have been sent to All-Valley Document Storage (commercial off-site storage), and using the system to facilitate destruction after their retention periods have expired. If the software is common to all departments, and all departments use the software for all file folders, it can provide searching capability through active records stored in departments to assist with records research needed by internal staff, public record acts or litigation discovery, in addition to creating detailed indexes of records stored at All-Valley Document Storage. The disadvantages of centralized software include ongoing training, software maintenance, labor, and administrative support costs. Palm Desert Records Management Needs Assessment - December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 16 BRR-1: Do Not Invest in Physical Plant Improvements BPR-2: Update City-wide Records Retention Schedules BPR-3: Develop Policies, Procedures, Plans and Standards for the Questys EDMS System BPR-4: Discontinue Microfilming and Indexing Records in the City Clerk's Department BPR-5: Develop Clear Responsibilities, Policies & Procedures for the Records Storage Room BPR-6: Develop Efficient Destruction Procedures, Train Employees, Conduct "Free the Files" Days BPR-7: Provide a Robust Records Management Manual and Training Program for Representatives from All Departments BPR-8: Consider a City-wide Computerized File Tracking / Color Coded Labeling Program TOTAL COST: BEST PRACTICES OPTION Palm Desert Records Management Needs Assessment — December, 2005 02005 Gladwell Governmental Services, Inc. (909) 337-3516 1 1 1 1 1 1 2 4 (significant cost avoidance) $7,800 $4,440 + $35,000 annually (savings) $480 $960 $4,900 unknown $18,580 + $35,000 annually 17 Please read the Besf Practices Option fo provide context to these options. Recommendation LCO-1: Do Not Invest In Physical Plant Improvements (Priority 1) — Significant Cost Avoidance This recommendation remains unchanged from the Best Practices Option. Recommendation LCO-2: Update City-wide Records Retention Schedules (Priority 1) — Cost Estimate - Two Days onsife (recommended): $7,80014 It would be very expensive to develop the expertise to perform this in-house, or have an attorney develop this. This recommendation remains unchanged from the Best Practices Option, as it is the least cost option (other than remain with the status quo, which is not recommended.) Recommendation LCO-3: Develop Policies, Procedures, Plans and Standards for the Questys EDMS System (Priority 1) — Cost Estimate: $4,440 +$35,000 annually (see below) See the Best Practices Option for more information. LCO-3, Step 1. Develop Citywide Document Imaging Policies and Procedures, Including Written Naming Conventions and Standards for Existing Applications Cost Estimate: $0 (developed by in-house employees) The City would forgo discussing / incorporating "Best Practices" from other Cities. LCO-3, Step 2. Develop Document Imaging Plans / Action Plans for Departments Cost Esfimate: $0 (developed by in-house employees) The City would forgo discussing / incorporating "Best Practices" from other Cities. LCO-3, Step 3. Provide City-Wide Training Program. Cost Estimate: $0 (provided by in- house employees) LCO-3, Step 4. Hire a Full-Time Imaging Clerk Cost Estimate: $35,000 / year This recommendation remains unchanged from the Best Practices Option. An alternative would be not to allow departments to send out any outsource scanning until their backlogs are caught up, and control the quantity of outsourcing that is done so that each department is complete their projects in a timely manner. 141ncludes meetings with each department, Records Retention Schedules for each department, one retention schedule for records common to all departments, agenda staff report, resolution, detailed index to schedules (a total of two days on-site). Palm Desert Records Management Needs Assessment — December, 2005 �02005 Gladwell Governmental Services, Ina (909) 3373516 � 8 LCO-3, Step 5. After all Current Departments' Imaging Projects are Up-to-Date, Expand Program to Other Departments . Cost Estimate: None - Use Internal Labor This recommendation remains unchanged from the Best Practices Option. LCO-3, Step 6. Provide an Annual Training Program. Cost Estimate: None - Use Internal Labor This recommendation remains unchanged from the Best Practices Option. Recommendation LCO-4: Discontinue Microfilming and Indexing Records in the City Clerk's Department (Priority 1) — Savings: Software Maintenance Costs of Munimefrix, Internal Labor Savings This recommendation remains unchanged from the Best Practices Option. Recommendation LCO-5: Develop Clear Responsibilities, Policies and Procedures for the Records Storage Room (Priority 1) — Cost Estimate $0 (developed by internal employees) The City would forgo discussing / incorporating "Best Practices" from other Cities. Recommendation LCO-6: Develop Clear Destruction Procedures, Train Employees, and Conduct "Free the Files" Days (Priority 1) — Cost Estimate $0 (developed by internal employees) The City would forgo discussing / incorporating "Best Practices" from other Cities. Recommendation LCO-7: Provide a Robust Records Management Manual and Training Program for Representatives from All Departments (priority 2) — Cost Estimate $0 (developed and conducted by internal employees) The City would forgo discussing / incorporating "Best Practices" from other Cities. Recommendation LCO-8. Do Not Consider a City-wide Computerized File Tracking / Color-Coded Labeling Program (priority 4) — Estimated Cost: $0 Continuing with the Status Quo does not have significant negative impacts. Palm Desert Records Management Needs Assessment — December, 2005 02005 Gladwell Governmental Services, Inc. (909) 337-3516 19 LCO-2: Update City-wide Records Retention Schedules LCO-3: Develop Policies, Procedures, Plans and Standards for the Questys EDMS System LCO-4: Discontinue Microfilming and Indexing Records in the City Clerk's Department LCO-5: Develop Clear Responsibilities, Policies & Procedures for the Records Storage Room LCO-6: Develop Clear Destruction Procedures, Train Employees, Conduct "Free the Files" Days LCO-7: Provide a Robust Records Management Manual and Training Program for Representatives from All Departments LCO-8: Do Not Consider a City-wide Computerized File Tracking / Color Coded Labeling Program TOTAL COST: LEAST COST OPTION Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 1 $7,800 $0 1 + $35,000 annually 1 (savings) 1 $0 1 $0 2 $0 4 $0 $7,800 + $35,000 annually � PERSONNEL, APPROACH and METHODOLOGY CONSULTING SERVICES Gladwell Governmental Services, Inc DIANE R. GLADWELL, CMC The principal, who has no vendor affiliations, performs all consulting work. 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 will 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 Palm Desert to ensure the program: • Provides a "one-time fix"; • Is interactive, producing a high level of participation and ownership; • Matches the organizations 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 Palm Desert during the course of the project. Palm Desert 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 Palm Desert apprised of the work progress. The consultant will provide the computer facilities, forms and equipment necessary to complete the work in this proposal. A workspace will be necessary when the consultant is on-site with access to computer systems, a photocopier, and City of Palm Desert staff for information. Palm Desert Records Management Needs Assessment — December, 2005 �02005 Gladwell Governmental Services, Inc. (909) 337-3516 2� QUALIFICATIONS SUMMARY 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 80 organizations, including AIIM, ARMA and COMDEX. PROFESSIONAL BACKGROUND Gladwell Governmental Services, Inc. 1989 to present President Clients have included over 100 California cities, special districts, and counties; 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 Citywide records management program based on optical disk technology which has received international, national and state awards for exceptional records management programs. Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 22 Food 4 Less / Market Basket / Viva / Boys Markets 1980-1989 Credit Management Services Supervisor 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 Pacific 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 Technologico, 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, International) PresidenYs Award of Distinction for Excellence in Organization and Administration; City Clerks Association of Califomia (CCAC) Records Management Award for Exceptional Municipal Programs Utilizing Alternative Technologies; International Institute of Municipal Clerks (IIMC) PresidenYs Award for Excellence in Public Presentations and Published Articles; City Clerks Association of California (CCAC); Rotary, International, Lake Arrowhead Club: Special Service Award ("Old Fire" Sticker Project which raised over $20,000 for fire victims) (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 in Executives and 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 Imaqinq Efficient Filinp Fundinq Records Manaqement Proiects Elections Manaqement and Performance Measurement Various articles published by ARMA, ICMA, IIMC and NAGARA MEMBERSHIPS ARMA, International (Association for Information Management Professionals) California Association of Clerks and Elections Officials California Special Districts Association City Clerks Association of California (Past First Vice President, Past Second Vice President) Palm Desert Records Management Needs Assessment — December, 2005 02005 Gladwell Governmental Services, Inc. (909) 337-3516 23 International Institute of Municipal Clerks (Past Chair, Resource Committee, Membership Task Force) Palm Desert Records Management Needs Assessment - Decembe�, 2005 002005 Gladwell Governmental Services, Inc. (909) 3373516 2�} APPENDIX A DOCUMENT IMAGING LAWS CALIFORNIA GOVERNMENT CODE EXCERPT (2005) 34090.5. Notwithstanding the provisions of Section 34090, the City officer having custody of public documents, instruments, books, and papers, without the approval of the legislative body or the written consent of the City attorney, cause to be destroyed any or all of the records, documents, instruments, books, and papers, if all of the following conditions are complied with: (a) The record, paper, or document is photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data processing system, recorded on optical disk, reproduced on film or any other medium that is a trusted system and that does not qermit additions, deletions, or chanaes to the oriqinal document, or reproduced on film, optical disk, or any other medium in compliance with Section 12168.7 for recording of permanent records or nonpermanent records. (b) The device used to reproduce the record, paper, or document on film, optical disk, or any other medium is one which accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions, or changes to the original document images. (c) The photographs, microphotographs, or other reproductions on film, optical disk, or any other medium are made as accessible for public reference as the original records were. (d) A true copy of archival quality of the film, optical disk, or any other medium reproductions shall be kept in a safe and separate place for security purposes. However, no page of any record, paper, or document shall be destroyed if any page cannot be reproduced on film with full legibility. Every unreproducible page shall be permanently preserved in a manner that will afford easy reference. For the purposes of this section, every reproduction shall be deemed to be an original record and a transcript, exemplification, or certified copy of any reproduction shall be deemed to be a transcript, exemplification, or certified copy, as the case may be, of the original. 12168.7. (a) The California Legislature hereby recognizes the need to adopt uniform statewide standards for the purpose of storing and recording permanent and nonpermanent documents in electronic media. (b) In order to ensure that uniform statewide standards remain current and relevant, the Secretary of State, in consultation with the Department of General Services, shall approve and adopt appropriate standards established by the American National Standards Institute or the Association for Information and Image Management. (c) The standards specified in subdivision (b) shall include a requirement that a trusted system be utilized. For this purpose and for purposes of Sections 25105, 26205, 26205.1, 26205.5, 27322.2, 34090.5, and 60203, Section 102235 of the Health and Safety Code, and Section 10851 of the Welfare and Institutions Code, "trusted system" means a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced bv the system could differ substantiallv from the document that is oriqinallv stored. (d) In order to develop statewide standards as expeditiously as possible, and until the time that statewide standards are adopted pursuant to subdivision (b), state officials shall ensure that microfilming, electronic data imaging, and photographic reproduction are done in compliance with the minimum standards or cauidelines, or both, as recommended bv the American National Standards Institute or the Association for Information and Ima4e Manaaement for recordinq of permanent records or nonpermanent records. ANSI/AIIM EXCERPT "Proper scanning and quality control procedures are consequently essential to ensure that the digitized images represent true copies of the original documents. To be considered a true copy, a digitized image must contain all significant details from the original and must be an adequate substitute for the original document for all purposes for which to the document was created or maintained." Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 2r'J "At a minimum level, such (quality control) procedures involve the following: • Visually inspecting digitized document images • Testing and adjusting the scanner • Verifvinq the imaqe recordinq • Verifvina the index data" Palm Desert Records Management Needs Assessment - December, 2005 02005 Gladwell Governmental Services, Inc. (909) 337-3516 26 APPENDIX B OPEN SHELF FILING SYSTEM AUTHORITIES Filing Cabinet Comparison Chart: Type of Space Fast High Growth Attractive Secure Cost Equipment Efficiency Access Capacity Manage- ment Drawers I I I Shelves Dual Units Sliding Units Compressed Mobile Shelving Excellent Average Poor Source: Balough, Ann, Records & Information Management Report, November, 1999 �:�m,�,����u. r. g��,�j, S. Advantages of open shelf files are15: 5. Retrieval may be 40% faster and refiling approximately 50% faster 6. Errors are reduced, primarily due to color coding 7. The cost of shelving is lower (approximately 1/4 of traditional filing cabinets) 8. Open-shelf filing requires less than half as much floor and aisle space as traditional filing cabinets 15 Mims III, Julian L.. Records Management: A Practical Guide for Cities and Counties. Washington, DC: International City/County Management Association, 1996. Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 2% Mechanized Shelving / Compressed Mobile Units Advantages: Provides the maximum folder capacity in the smallest space; can double or triple your storage capacity. Disadvantages: Requires file folders be converted to end-tabbed (typically color-coded) labels. Very heavy systems; requires adequate floor load limits in the building. Because employees have to take the time to roll shelving out of the way, these systems are more inconvenient to file and retrieve files. Additionally, files can be retrieved or filed from only one section at a time (e.g. You couldn't have one person filing in one area, another person retrieving files from another. One person would have to wait for another to complete their filing in one section to move the shelving to expose the files they want.) � <,�.,�� �� �` � � .� � »., ,� , _, _ �, " ,� � Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 3373516 2$ APPENDIX C CURRENT RETENTION SCHEDULES Palm Desert Records Management Needs Assessment — December, 2005 002005 Gladwell Governmental Services, Inc. (909) 337-3516 2Q