HomeMy WebLinkAbout08.b.01.a CA SML Records Management Consulting Services - First Renewal Final EXECUTIVE SUMMARY
AGENDA ITEM:
Proposed renewal of agreement with SML, Inc. (SML) for Records Management Consulting Services
Date: April 11, 2024
BACKGROUND:
The Records Management Consulting Services agreement with SML, Inc., is scheduled to expire
on April 30, 2024. However, the terms of this contract allow for the renewal of an additional one-
year term, contingent upon mutual agreement of both parties. SML, Inc. has expressed interest in
renewing this agreement for an additional year. If approved, the renewal term will begin May 1,
2024 and expire on April 30, 2025.
BUDGET IMPACT:
Staff budgeted$40,000 for FY 2023/2024 for Records Management Consulting Services.
RECOMMENDATION:
Staff respectfully requests the Board of Supervisors approve the renewal of the Records Management
Consulting Services Agreement with SML, Inc. to provide on-going records management services to
CCUA.
ATTACHMENTS:
Records Management Consulting Services—Contract Renewal Option No. 1
//DP(Author)
//DP,AW,AB (Review)
//KR(Final)
SL
SML, Inc.
Information Analysis, Design, Planning and Training
Post Office Box 484
Vero Beach, FL 32961
813.528.2705
mattdaugherty@msn.com
www.smlinfo.net
Steve M.Lewis Matt Daugherty
President Executive Vice President
Judy L.Lewis,C.P.A.
Vice President and CFO
March 27, 2024
Re: Records Management Consulting Services— Contract Renewal Option No. 1
To Whom It May Concern,
The initial contract term for the aforementioned project expires April 30, 2024. Under
the terms and conditions of the contract, CCUA would like to exercise renewal option
No. 1 for an additional one (1) year term. If accepted and approved, this renewal term
will begin May 1, 2024 and expire on April 30, 2025.
Please sign below if a renewal of our current contract is acceptable to CCUA.
Clay County Utility Authority:
By: Jeremy D.Johnston,MBA,PE-Executive Director
Print Name and Title
SML, Inc.:
By: -747.
Matt Daugherty, is resident/Consultant—SML, Inc.
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered this 1st day of May , 2023, by and between
SML, Inc. (Consultant) and the Clay County Utility Authority (CCUA).
RECITALS:
A. CCUA is in need of Records Management Services as described in Records
Management Consulting Services Proposal and Statement of Qualifications dated March
10, 2023 (Attached)
B. Consultant possesses all necessary qualifications and expertise to perform
the Services.
C. CCUA wishes to engage the services of the Consultant, and Consultant
wishes to perform the services for CCUA, under the terms and conditions set forth herein
and as indicated in Records Management Consulting Services Proposal and Statement of
Qualifications dated March 10, 2023 (Attached)
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, Consultant and CCUA agree as follows:
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into
and made a part of the Agreement.
2. TERM: The term of this Agreement shall commence on the date hereof and
continue for a period of One (1) Year. This Agreement may be renewed for Two (2)
additional one (1)year periods as mutually agreed upon by the parties.
3. QUALIFICATION: Consultant represents and warrants to CCUA he possesses
all qualifications and expertise required for the performance of the Services and all
personnel assigned to perform the Services are and shall be, at all times during the term
hereof, fully qualified and trained to perform the tasks assigned to each.
4. COMPENSATION: The amount of compensation payable by CCUA to the
Consultant shall be made as follows and in accordance with Records Management
Consulting Services Proposal and Statement of Qualifications dated March 10, 2023
(Attached)
Records Management Consulting Services are billed at contracted daily rate per number of
business days(not to exceed eight-hours)that consultant is on-site as described in Records
Management Consulting Services Proposal and Statement of Qualifications dated March
10, 2023 (Attached)
All payments shall be made within thirty(30)days after receipt of Consultant's invoice.
5. COMPLIANCE WITH FEDERAL,STATE AND LOCAL LAWS: Consultant
understands this Agreement is subject to certain laws and regulations, including laws
pertaining to public records,conflict of interest,record keeping,etc. CCUA and Consultant
agree to comply with and observe all applicable federal, state and local laws, rules,
regulations, codes and ordinances, as they may be amended from time to time.
6. NON-DISCRIMINATION: Consultant represents and warrants to CCUA
Consultant does not and will not engage in discriminatory practices and there shall be no
discrimination relating to Consultant's performance under this Agreement because race,
color, sex,religion, age, handicap, marital status or national origin.
7. ASSIGNMENT: This Agreement shall not be assigned by Consultant, in whole
or in part, without the prior written consent of CCUA, which may be withheld or
conditioned, at CCUA's sole discretion.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized,this the day and year above
written.
Clay County Utility Authority:
in°
B : .�rr��.�.a_ - Jeremy D.Johnston,PF_.M_BA
0.1111 Print Name and Title
Executive Director
SML, Inc.:
By: -74
Matt Daugherty, Vice Presi nt/Consultant—SML, Inc.
2
Records Management
Consulting Services
For the
Clay County Utility Authority
Middleburg, Florida
Proposal and Statement of Qualifications
March 10, 2023
Matt Daugherty, CRM
Executive Vice President
Post Office Box 484,Vero Beach,Florida 32961
813.528.2705
inattdaughertv(dmmii.cnm
www.smlinfo.net
SML, INC.
Information Analysis,Design,Planning and Training
March 10, 2023
Kimberly I. Richardson
Chief Human Resources Officer
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, FL 32068
Emailed: krichardsonP,clayutility.orq
Ms. Richardson,
It was very nice meeting with everyone last month. I appreciate your interest in our
services and your dedication to improving your records management program. This
document serves to clarify the scope of services and the fee for Records Management
Consulting Services to assist the Clay County Utility Authority (CCUA) in implementing
improvements to and maintaining your Records Management Program.
Section 257.36, Florida Statute mandates every public agency to establish and
maintain a records management program to ensure the economical and efficient
management of agency information. To meet this mandate, a records program must be
formalized and administered with key components established in writing. All decision-
making affecting the management of information, either directly or indirectly (e.g.
policy/procedure development, technology implementation, etc.) should consider the
agency's Records Management Program standards and goals.
I. ONSITE CONSULTING SERVICES
Consulting services would include technical assistance of nearly any records
related service including, but not limited to:
• Records management project planning and oversight
• Records collection and storage area review
• Identification and documentation of records eligible for destruction
• Indexing and organization services
• Electronic records review
• Filing system design and implementation
• Professional staff training
• Assistance with the integration of technology and changing standards in the
Florida Administrative Codes - specifically, Rule Chapter 1 B-26,
• Assistance selecting service providers together with compliance monitoring,
• Policy and Procedure development
The fee for onsite consulting services is $2,200.00 per business day (not to
exceed eight hours) billed per visit. This sum includes any and all related travel
costs. The agency may procure as many dates necessary (providing for consultant
scheduling availability) to achieve records management program project goals.
II. OFFSITE CONSULTING SERVICES
SML, Inc., will provide offsite consulting services to include technical assistance
requiring research and/or written deliverables. Off-site consulting services may be
conducted via phone and/or email. The fee for this service is $300.00 per hour billable
per month. A minimum of thirty minutes will be billed for each session.
PROFESSIONAL EXPERIENCE
SML, Inc., continues to consult with agencies around the state. This includes the
City of Clermont where we have disposed of 12,932.86 cubic feet of paper records
and 240.70 GB of digital data to date. We maintain annual consulting services as
proposed for a number of agencies including the Central Florida Expressway Authority,
City of Coconut Creek, the City of Margate, and the City of Gulfport.
Numerous references are available upon request. I have over twenty years of
professional experience managing Florida Public Records. I am a Certified Records
Manager (CRM) through the Institute of Certified Records Managers (ICRM).
Immediately prior to my position with SML, Inc, I served as Records Analyst in the
Records and Information Management Program of the Florida Department of State,
State Library and Archives providing records management technical assistance to all
levels of Public Agencies; developing statewide policies and procedures; assisting in the
operation of the State Records Center and conducting regional seminars on Public
Records Law and Public Records Management. I hold a Master of Arts degree in Public
History/Historical Administration from Florida State University with a concentration in
Historic Records and Archives Management.
Consultants at SML, Inc., bring over forty years of professional experience
working with nearly every type and size of agency. We provide innovative and
comprehensive records and information management consulting services to government
agencies and the private sector including Comprehensive Records and Information
Management Planning; Records Retention Services; Disposition Services; Email
Management; Training; Policy and Procedure Development; Facilities Management;
Records Storage; a full range of Imaging Services and Compliance Monitoring.
Additionally, we regularly conduct 12-hour seminars for CEU's at FSU, USF, and FAU on
Public Records Law and Public Records Management. These seminars are certified for
credit by the IIMC for the Certified Municipal Clerk and Master Municipal Clerk program
and ongoing education. We also conduct public records courses as part of the Florida
Department of Revenue College for Tax Collectors and Property Appraisers and the
Florida Association of Code Enforcement certification program.
I appreciate the opportunity to work with you towards a successful records
management program. Please give me a call to discuss any of this you wish.
Sincerely,
Matt Daugherty
Cc: Steve Lewis
List of Recent Florida Clients:
Municipalities Counties
City of Clermont Bay Co. Board of County Commission
City of Coconut Creek Collier Co. School Board
City of DeBary
City of Doral State Agencies/Universities
City of Eagle Lake Florida Atlantic University
City of Fruitland Park Florida Department of Revenue
City of Ft. Myers Florida Gulf Coast University
City of Groveland Florida State University
City of Gulfport University of Central Florida
City of Holmes Beach University of South Florida
City of Indian Rocks Beach
City of Jacksonville Beach Other
Town of Lady Lake Central Florida Expressway Authority
City of Madeira Beach Constangy, Brooks, Smith & Prophete
City of Margate Florida Association of City Clerks
City of North Lauderdale Florida Association of Code
City of Plant City Enforcement
City of Pompano Beach CRA Florida Government Finance Officers
City of Seminole Association
City of South Daytona Florida Tax Collectors Association
CLAY COUNTY UTILITY AUTHORITY
STANDARD ADDENDUM TO ALL CONTRACTS
AND AGREEMENTS
Any other provisions of the contract or agreement to which this Standard Addendum (herein so
called) is attached to the contrary notwithstanding, the parties specifically agree that—the provisions
hereinafter set forth will apply exclusively with respect to the matters addressed, whether addressed in said
contract or agreement or not, and shall be deemed an integral part of said contract or agreement as if duly
set out therein, having a force and effect of equal or superior dignity, as applicable, with the provisions
thereof; provided, that if the provisions of the contract or agreement address a particular matter in a
manner which results in a lower cost to the Authority than this Standard Addendum, then such provisions
of the contract or agreement shall control and supersede the applicable provisions hereof(as used herein,
the term "Contractor"means the vendor or other party in the contract or agreement providing construction,
labor, materials, professional services, and/or equipment to the Authority thereunder; the term "Utility",
"Authority", "CCUA", "Customer", "Client", or any variation thereof means Clay County Utility
Authority, a political subdivision of the State of Florida, or any other name or label set forth in the contract
or agreement identifying such entity).
1. All payments for services rendered, or supplies, materials, equipment and the like
constructed, delivered or installed under the contract or agreement (the "Work") shall be made by the
Authority in accordance with the Local Government Prompt Payment Act (the "Act"). Upon receipt of a
proper statement, invoice or draw request the Authority shall have the number of days provided in the Act
in which to make payment.
2. Any work or professional services subcontracted for by the Contractor for which the
Authority has agreed to reimburse the Contractor shall not be marked-up, but shall be payable by the
Authority only in the exact amount reasonably incurred by the Contractor. No other such subcontracted
services shall be reimbursed.
3. In the event the contract or agreement is for professional services, charged on a time basis,
the Authority shall not be billed or invoiced for time spent traveling to and from the Contractor's offices or
other points of dispatch of its subcontractors, employees, officers or agents in connection with the services
being rendered, other than as provided for in the agreement.
4. The Authority shall not be liable to reimburse the Contractor for any courier service,
telephone, facsimile or postage charges incurred by the Contractor, except as follows, and then only in the
exact amount incurred by the Contractor [if the space below is left blank then "NONE" is deemed to have
been inserted therein]:NONE
5. The Authority shall not be liable to reimburse the Contractor for any copying expenses
incurred by the Contractor except as follows, and then only at $0.05 per page [if the space below is left
blank then "NONE" is deemed to have been inserted therein]: NONE
6. If and only if travel and per diem expenses are addressed in the contract or agreement in a
manner which expressly provides for the Authority to reimburse the Contractor for the same, then the
Authority shall reimburse the Contractor only for those travel and per diem expenses reasonably incurred
and only in accordance with the provisions of Section 112.061, Florida Statutes. In the event the
Contractor has need to utilize hotel accommodations or common carrier services, the Authority shall
reimburse the Contractor for his, her or its reasonable expense incurred thereby provided prior approval of
the Executive Director of the Authority, or his or her designee, is obtained.
Standard Addendum to All Contracts and Agreements (Rev.2020)-CCUA Page 1
7. With respect to drawings and/or plans prepared on behalf of the Authority by the
Contractor under the contract or agreement, unless specifically provided otherwise therein, complete sets
of such drawings and/or plans shall be reproduced by the Contractor without cost to the Authority for all
bidders requesting the same, and five complete sets of such drawings and/or plans shall be reproduced and
delivered to the Authority without cost.
8. With respect to any indemnification by the Authority provided under the contract or
agreement, any such indemnification shall be subject to and within the limitations set forth in Section
768.28, Florida Statutes, and to any other limitations, restrictions and prohibitions that may be provided by
law, and shall not be deemed to operate as a waiver of the Authority's sovereign immunity.
9. In that the Authority is a governmental agency exempt from sales tax, the Authority shall
pay no such taxes, any other provisions of the contract or agreement to the contrary notwithstanding. The
Authority shall provide proof of its exempt status upon reasonable request.
10. Any pre-printed provisions of the contract or agreement to the contrary notwithstanding,
the same shall not automatically renew but shall be renewed only upon subsequent written agreement of
the parties.
11. Any pre-printed provisions of the contract or agreement to the contrary notwithstanding,
no transportation surcharges shall apply, and no policies of the Contractor available on the Contractor's
website or retained in the Contractor's office are incorporated by reference nor shall be deemed to be part
of the contract or agreement, unless the same is attached to the contract or agreement, and separately
signed by the duly authorized signor for the Authority.
12. Any pre-printed provisions of the contract or agreement to the contrary notwithstanding,
the Authority's entry into the contract or agreement with Contractor does not give Contractor any
preferential status, "most favored nations" status, nor right of first refusal to any renewal or for any other
contract or agreement to provide other goods and/or services to the Authority.
13. Any pre-printed provisions of the contract or agreement to the contrary notwithstanding,
the Authority, by written notice to Contractor, may terminate the contract or agreement in whole or in part
when the Authority determines in the Authority's sole discretion that it is in the Authority's interest to do
so. Contractor shall not furnish any product, goods, or services after it receives the notice of termination
from the Authority, except as necessary to complete the continued portion of the contract or agreement, if
any. Contractor shall not be entitled to recover any cancellation charges or lost profits in the event of such
termination by the Authority. Contractor shall be entitled to reimbursement for Contractor's costs, charges
or fees incurred or expended pursuant to the contract or agreement,but not yet reimbursed or compensated
by the Authority,up until the date of termination.
14. Any pre-printed provisions of the contract or agreement to the contrary notwithstanding,
the contract or agreement will be governed and construed in accordance with the laws of the State of
Florida without giving effect to principles of conflict of laws. Both parties agree to submit to jurisdiction in
Florida and further agree that any cause of action arising under this Agreement shall be required to be
brought in state court in Clay County,Florida,or in Federal Court in and for the Middle District of Florida,
Jacksonville Division.
15. Any pre-printed provisions of the contract or agreement to the contrary notwithstanding,
The Florida Public Records Act and Article I, Section 24 of the Florida Constitution ("Florida Public
Records Laws"), are broadly interpreted, construed, and applied to the Authority and, as may be required
by statutory and case law, the Contractor. The Authority's timely lawful compliance with the Florida
Standard Addendum to All Contracts and Agreements (Rev.2020)-CCUA Page 2
Public Records Laws is required at all times, and any such compliance with the provisions thereof shall not
constitute any default or failure of performance, nor excuse any covenant made or performance due from,
the Contractor under the contract or agreement. Under no circumstances shall the Authority be required to
provide notice to the Contractor, nor be required to consult with the Contractor, prior to the Authority's
acting in lawful compliance with the Florida Public Records Laws.
16. The Authority's performance of this contract or agreement shall be contingent upon and
subject to the existence of lawfully appropriated public funds for each fiscal year(i.e., October 1 through
and including the next following September 0) of the Authority.
Dated Effective AerI 1 c2 ,2023
Cla County U ' 't thority:
By:
my ton, '.E.,M.B.A.
ecut ve D ecto
Contractor:
Steve M.Lewis, Inc.(DBA SML, Inc)
Ort/)„'/4ion /
Ai1ar.Lgnem
Signature
Matt Daugherty,CRM
Printed Name
Executive Vice President
Position/Title
Standard Addendum to All Contracts and Agreements (Rev.2020) -CCUA Page 3