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HomeMy WebLinkAbout2009 CON Gladwell Governmental Services - Citywide Retention Schedule ImplementationCITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT This contract is made by and between the CITY OF NATIONAL CITY, a municipal corporation, (hereinafter "CITY"), and GLADWELL GOVERNMENTAL SERVICES, INC. (the CONTRACTOR). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide CITY with on site city-wide training on the use of records retention schedules, destruction procedures, forms, inventory and labeling standards and will assist each department in destroying appropriate records in accordance with law and best practice. Said services to he provided on March 23 and 24, 2009. Services to he provided are described in the attached Exhibit "A". Length of Agreement. This Agreement shall commence on the date it is signed by CONTRACTOR. CONTRACTOR shall complete all work to be performed under this Agreement within 30 days of said date. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed a one time cost of $1,920. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing five (5) days' written notice to CONTRACTOR. 6. Independent CONTRACTOR. It is agreed that CONTRACTOR is an independent CONTRACTOR, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants or employees of CITY. 7. Insurance. CONTRACTOR shall obtain a policy of Commercial General Liability insurance, covering all bodily injury and property damage. This requirement may he satisfied by CONTRACTOR'S Homeowner's Liability Insurance Policy. 8. Hold Harmless. CONTRACTOR shall defend, indemnify and hold CITY, its Officers, employees and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S SUBCONTRACTORS, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 10. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the salve instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not he modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. II. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be hound thereby. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 2009 2 Agreement between City of National City and Gladwell Governmental Services, Inc. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR. CITY OF N'IONAL CITY ce' By: ( Chris Za Dated: ity Manager l APPROVED AS TO FORM: Geor! e I- . Eiser, III g City Attorney 2009 /-) 3 CONTRACTOR By: j e R. Gladwell, P ident Dated: > J Vol Agreement between City of National City and Gladwell Governmental Services, Inc. EXHIBIT 'A' SCOPE OF WORK FREE THE FILES DAY / RECORDS RETENTION IMPLEMENTATION Gladwell Governmental Services, Inc. (GGS) will be on site for one full day (8 hours) to provide employee training, assist employees in destroying appropriate records, and discussing best practices / options from other Cities, throughout the day. A City-wide training on the use of the records retention schedules, destruction procedures, forms, inventory and labeling standards will be provided (usually held at the beginning of the day, lasting one hour). Then GGS will visit each department and assist them in destroying appropriate records in accordance with law and best practices. GGS will provide prizes and incentives to be awarded at the end of the day to ensure employees are motivated to implement the records retention schedule Total Cost per day, Including Travel: $960 Total Cost for 2 days on site: $1,920 Proposal for National City / Free the Files Day / Records Retention Implementation Submitted by Gladwell Govemmental Services, Inc. 909.337.3516 www.gladwellgov.org page 1