HomeMy WebLinkAboutCalifornia State University San Marcos Foundation; 2001-01-12;AGREEMENT
/z 24 THIS AGREEMENT is made and entered into as of the day of
, 2W1, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and the California State University San
Marcos Foundation, hereinafter referred to as “Contractor.” The Foundation serves as
the contracting agency for the University’s Social and Behavioral Research Institute
(SBRI), which will carry out the project.
RECITALS
City requires the services of a Contractor to provide the necessary research
services for preparation of a long-range Cultural Plan for the City’s Library and Arts
services; and Contractor possesses the necessary skills and qualifications to provide
the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Contractor will design and conduct surveys and nominal focus groups to assess the
effectiveness and future direction of library and cultural services in Carlsbad. To this
end, Contractor will:
1. Design questionnaires to assess library services and cultural events.
2. Design data collection strategies for all library and program sites.
3. Analyze data for the completed surveys.
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4.
5.
6.
7.
8.
9.
Facilitate up to six (6) nominal focus groups comprised of library and arts
patrons.
Analyze collected data based on consultation with Library and Arts Program
staff.
Provide a final written report on all findings whjch will include staff input and
comments.
Make a formal presentation of the results to both city and library staff and to
elected officials.
Archive the data for a period of two (2) years.
Provide consultation regarding the data, including informal presentations, for a
period of two (2) years
SEE ATTACHMENT A: Letter and Scope of Work submitted by SBRI, California State
University San Marcos, dated November 15, 2000.
2. CITY OBLIGATIONS
The City shall provide on site logistical support; staff collaboration on the design
and administration of survey instruments; and assistance with the organization and
conduct of focus group sessions.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within 90 calendar days of that
date and in no case later than April 1, 2001.
. Extensions of time may be granted if requested by the Contractor and agreed to in
writing by the City Library Director. The City Library Director will give allowance for
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documented and substantiated unforeseeable and unavoidable delays not caused by a
lack of foresight on the part of the Contractor, or delays caused by City inaction or other
agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall not exceed $22,420.
No other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the
right to withhold a ten percent (10%) retention until the project has been accepted by
the City.
5. DURATION OF CONTRACT
This agreement shall extend until April 1, 2000. The contract may be extended
by the City Manager for one additional one year period or parts thereof, based upon a
review of satisfactory performance and the City’s needs. The parties shall prepare
extensions in writing indicating effective date and length of any contract extension.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Contractor shall deliver to the City a written report containing the collected data
from all surveys and focus groups; an analysis of the data; and a summary of all
findings.
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8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required. changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
the City shall have the right to annul this agreement without liability, or, in its discretion,
to deduct from the agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
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10. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE
The Contractor shall comply with all applicable state and federal laws and
regulations prohibiting discrimination and harassment.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City or to the Library
Director. The City or the Library Director shall make a determination of fact based upon
the documents delivered to City of the percentage of work which the Contractor has
performed which is usable and of worth to the City in having the contract completed.
Based upon that finding as reported to the City Manager, the Manager shall determine
the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
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12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. Liz (Initial) (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and
3.32.028 pertaining to false claims are incorporated herein by reference.
62 (Initial) (Initial)
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h
13. JURISDICTION
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
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The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for its records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
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18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys, fees arising out of the performance of the
work described herein caused by any willful misconduct, or negligent act, or omission of
the contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor’s work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
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rev. 4124100
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
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25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the Political
Reform Act and nothing in this agreement releases Contractor from this responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best’s Key Rating of not less than “A-V and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
A. Coverages and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
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submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. This insurance shall be in force during the life of the agreement
and any extension thereof and shall not be canceled without 30 days prior written notice
to the City sent by certified mail.
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4. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Title Library Director
Name Clifford E. Lange
Address 1775 Dove Lane
Carlsbad, CA 92009
For Contractor: Title Executive Director, CSU San Marcos Foundation
Name Marti Gray
Address California State University San Marcos
San Marcos, CA 92096
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28. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, along with the purchase order for this contract and its provisions,
embody the entire agreement and understanding between the parties relating to the
subject matter hereof. In case of conflict, the terms of the agreement supersede the
purchase order. Neither this agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
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Executed by Contractor this /z day of a&& 9 r4 1
20 0).
CONTRACTOR: CITY OF CARLSBAD, a municipal
corporation of the State of California Cso~fQ~ Y+sGJomu& (name of Contractor)
(sign here)
‘ATTEST:/
By: -
(sign here)
(print name/title)
(Proper notarial acknowledgment of execution by Contractor must be attached.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY: %/&&.fl,&&-
Deputy City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
u 0 personally known to me
Moved to me on the basis of satisfactory
evidence
to be the person(sj whose name(s+@&e
subscribed to the within instrument and
acknowledged to
the same in
capacity@& an
signature@) on the instrument the person@, or
the entity upon behalf of which the person&)
acted, executed the instrument.
Place Notary Seal Above
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 D
Title or Type of Document:
Document Date: Number of Pages: /5H
Signer(s) Other Than Named Above: B
0 Partner -0 Limited Cl General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1999 National Notary Association - 9350 De Soto Ave P.O. BOX 2402 - Chatsworth. CA91313-2402 * www nationalnotaryorg Prod. No. 5907 Reorder. Call Toll-Free l-800-876-6827
San Marcos, California USA
92096-0001
(760) 7SO-3288 FAX (760) 750-3291
Social and Behavioral Research Institute
November 15,200O
Mr. Cliff Lange
Library Director
Carlsbad City Library
Dear Mr. Lange,
Thank you for your interest in the Social and Behavioral Research Institute (SBRI)at California
State University San Marcos. We are very pleased to be considered to assist the Carlsbad Library
District with this important project. The SBRI is well prepared to initiate surveys and nominal
groups of Carlsbad Library patrons at all three locations. It is our understanding that you are
requesting that the SBRI develop questionnaires that will be used to survey library patrons. The
surveys will be designed to collect information regarding both importance and satisfaction with
specific library services and community cultural and arts programs. It is also our understanding
that the research must be concluded by April, 2000 in order for your staff to implement action
plans to augment and improve services. Our plan is to analyze the data during the month of
February. The draft report will be presented in March. A detailed scope of work is attached.
As per your request, we are presenting budgets for both survey and nominal group activities. The
costs listed below are inclusive of all costs associated with completing the project.
Survey Design, Analysis, and Report Writing: $10,000.00
(6) Nominal Croup Facilitation and Report Writing: $ 9,OOO.OO
CSUSM Foundation Indirect (18%) $ 3.420.00
Total $22,420.00
The California State University Bakersfield * Channel Islands * Chico * Dominguez Hills * Fresno * Fullerton . Hayward * Humboldt. Long Beach * Los Angeles Maritime Academy * Monterey Bay * Northridge. Pomona * Sacramento * San Bernardino * San Diego * San Francisco . San Jose *San Luis Obispo * San Marcos . Sonoma * Stanislaus
e-mail address: rserpe@csusm.edu
.
All contract or purchase orders should be sent to Marti Gray, Executive Director, CSUSM
Foundation. Telephone: 760-750-4700 Fax: 760-750-47 10.
Again, thank you for considering the SBRI to conduct this project. Please let us know if you
have any questions.
Sincerely,
Richard T. Serpe, Ph.D.
Director
cc: CSUSM Foundation
.
Scope of Work
The California State University Bakersfield - Channel Islands * Chico *Dominguez Hills * Fresno . Fullerton l Hayward l Humboldt. Long Beach * Los Angeles Maritime Academy l Monterey Bay - Northtidge * Pomona * Sacramento * San Bernardino * San Diego * San Francisco * San Jose *San Luis Obispo a San Marcos l Sonoma l Stanislaus
e-mail address: rserpe@csusm.edu
Carlsbad Library Project
Conducted by:
Social and Behavioral Research Institute
California State University San Marcos
,I
The Social and Behavioral Research Institute (SBRIJ will conduct surveys and nominal groups of
Carlsbad Library patrons to assess the efficacy of library services and cultural events. In
completing the project, the SBRI will:
1.
. 2.
3.
4.
5.
6.
?Y
8.
. 9.
10,
The SBRI with input fi-om the Carlsbad Library and Arts Program administrative staff
will design questionnaires to assess library services and cultural events.
The SBRI will design data collection strategy for all library and program sites.
The SBRI will analyse data for the completed surveys.
The SBRL will facilitate six nominal groups comprised of library and arts patrons.
The SBRI will analyze collected data based on consultation with the Carlsbad Library and
Arts Program staff
The SBRI will provide a draft written report for comment. As a result of comments, the
draft report will be revised. This revision may inclyde additional analysis based on
questions raised as a result of the draft document.
The S&U will provide a final written report. il
The SBRI will make a formal presentation of the rest&s. ,,.,
The SBRI will archive the data for a period of two years.
The SBRI will provide consultation regarding the data including informal presentations
for a period of two years. .6+?4v
The California State University
Bakersfield . Channel Islands * Chico * Dominguez Hills * Fresno * Fullerton * Hayward * Humboldt * Long Beach * Los Angeles Maritime Academy * Monterey Bay - Northridge * Pomona * Sacramento * San Bernardino * San Diego * San Francisco * San Jose 4an Luis Obispo * San Marcos . Sonoma *~Stanislaus
_. e-mail address: rserpe@cwsm.edu