HomeMy WebLinkAboutSara Laughlin and Associates Inc; 2007-07-19;AGREEMENT FOR PROFESSIONAL SERVICES
Sara Laughlin and Associates, Inc.
THIS AGREEMENT is made and entered into as of the / ^ day of
Qr&ULy-' , 2007. by and between the CITY OF CARLSBAD, a municipal
corporation ,^"City";7 and Sara Laughlin and Associates, Inc., ("Contractor").
RECITALS
City requires the professional services of a contractor that is experienced in conducting
an independent evaluation for the balanced scorecard. Contractor has the necessary
experience in providing these services, has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of one year from the date first above
written.
3. Compensation. The total fee payable for the Services to be performed will not exceed
five thousand dollars ($5,000). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work and/or the Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City 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 negligence, recklessness, or willful misconduct 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.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current
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rating in the Best's Key Rating guide of at least A-:V in an amount of not less than five hundred
thousand dollars ($500,000) each, unless otherwise authorized and approved by the City
Attorney or the City Manager. Contractor will obtain occurrence coverage, excluding
Professional Liability, which will be written as claims-made coverage. The insurance will be in
force during the life of this Agreement and will not be canceled without thirty (30) days prior
written notice to the City by certified mail. City will be named as an additional insured on
General and Automobile liability. Contractor will furnish certificates of insurance to the Contract
Department, with endorsements to City prior to City's execution of this Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
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14. Authority. The individuals executing this Agreement and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
*
CITY OF CARLSBAD, a municipal
corporation of the State of California
7 (sign here)/ ^
dity Manager or Mayor
(print name/title)ATTEST:
il address)
Bv ^^^^Nf*^ r"l A lA\ l^ K * i A |/~\/^V~\ I JR\SPCit\
RRA(NE M. WO
ty Clerl
(sign here)
(print name/title)
3-pnail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a
Corporation. Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
*Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD
Deputy City Attorney
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EXHIBIT "A"
WORK PLAN
Step 1: Review existing documents.
Review IMLS grant, scorecards, Workbook, participating
library feedback, and other project documentation.
Step 2: Interview directors and board presidents (or their
designees) of the Carlsbad, Cerritos, Chula Vista,
and Newport Beach Public Libraries.
We will conduct phone interviews with the four library
directors and library board presidents (or their designees), to
determine the utility of the Library Scorecard, after reviewing
existing documentation and working closely with the Library
to finalize the open-ended questions to be included.
Possible questions for these interviews might include:
• How would you assess the time and effort required to
compile the Library Scorecard data?
• How was fhe Library Scorecard received by staff,
board, and other stakeholders?
• In your view, what are the overall strengths and
weaknesses of the Library Scorecard approach?
• What suggestions do you have for improving the
Library Scorecard?
We will ask the libraries to identify the individuals to be
interviewed and to provide contact information, including
names, titles, phone numbers and e-mail addresses. We will
e-mail the interview questions in advance, so that
interviewees will have a chance to prepare.
Step 3: Interview community stakeholders.
We will conduct phone interviews with stakeholders
including at least one funding body representative and one
additional stakeholder suggested by each of the four
libraries to determine the Library Scorecard's effectiveness in
conveying the impact and value of the public library. We
will draft open-ended questions based on the existing
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documentation and work closely with the Library to finalize
the interview guide. Some possible questions:
• To what extent did the Library Scorecard answer your
questions about the library's contribution and
performance?
• Would you recommend that the library continue to
report using the Library Scorecard? If so, why? If not,
what suggestions do you have?
Again, we will ask the libraries to identify the individuals to be
interviewed and to provide contact information, including
names, titles, phone numbers and e-mail addresses. We will
e-mail the interview questions in advance, so that
interviewees will have a chance to prepare.
Step 4: Survey the 24 libraries that tested the Workbook.
We propose conducting an e-mail survey of representatives
from the 24 libraries that tested the Workbook. This survey
will include primarily Likert-scale rating questions, plus a few
opportunities for open-ended comment, in order to
determine how effective the Workbook was in helping the
libraries create and use a Library Scorecard. We will work
closely with the Library to finalize the survey questions.
Step 5: Submit a report to the library.
Following the completion of Steps 1, 2, 3, and 4, the
evaluators will prepare a draft report, including:
Executive summary
Background information
Findings
Conclusions
Recommendations
After review by the Library, we will make necessary revisions
and submit a final report for submission to IMLS.
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BUDGET
Step Hours
Step 1 Review grant document, Handbook, other project
records 5.33
Step 2 Develop interview guide 2
Interview 4 directors 3
Interview 4 library board presidents 3
Step 3 Develop interview guide 2
Interview 4 funding body representatives 3
Interview 4 additional stakeholders 3
Step 4 Develop and launch online survey 2
Receive and analyze online survey results 4
Step 5 Draft and revise report
Rate
$150
$150
$150
$150
$150
$150
$150
$150
$150
$150
Project Total
Total
$800
$300
$450
$450
$300
$450
$450
$300
$600
$900
$5,000
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