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HomeMy WebLinkAbout2004-11-09; City Council; 17876; Institute of Museum & Library Services grant.. 4 AB# 17,876 MTG. 11/09/04 DEPT. LIB TITLE: ACCEPTANCE OF A GRANT FROM THE - INSTITUTE OF MUSEUM & LIBRARY SERVICES, SEEK REIMBURSEMENT FROM IMLS AND AUTHORIZING AUTHORIZING FINANCE TO APPROPRIATE FUNDS AND CITY ATTY. THE CONTRACT FOR PROFESSIONAL SERVICES. CITY MGR -3iG RECOMMENDED ACTtON: Adopt Resolution No. 2004-356 accepting a $241,705 grant from the Institute of Museum & Library Services (IMLS), authorizing Finance to appropriate funds and seek reimbursement from IMLS and authorizing the mayor to sign the contract with JRM Consulting, Inc., as the Project Manager, in the amount of $209,500 plus travel and mileage reimbursement. ITEM EXPLANATION: On February 17, 2004 the City Council authorized the Carlsbad City Library to apply for this grant. On June 25, 2004 the original grant proposal was increased by $5,000 at the request of IMLS. The purpose of this grant is to fund a project to obtain the reaction of decision makers about the utility of the Balanced Scorecard concept and to work with a number of libraries to develop a process to create the scorecard, choose the most appropriate set of performance measures for each specific library, and to produce a workbook for developing a library scorecard. In addition to the Carlsbad City Library, three other public libraries will participate: The Cerritos Library, The Newport Beach Public Library and The San Diego County Public Law Library. The Director of the Carlsbad City Library will serve as the Project Administrator and Joe Matthews of JRM Consulting, Inc. will serve as the Project Manager. FISCAL IMPACT: The budget for the grant is $241,705 and will be disbursed from IMLS on a quarterly basis. These funds will be used to cover administrative costs incurred by each participating library, travel expenses for the project director and administrator, and consultant fees for the Project Director. No cash match is required. The match will be in-kind based on the staff hours devoted to the project by the participating libraries. Those hours represent $31 7,861 total ($1 55,079: Carlsbad’s portion) of in-kind contribution over the three-year life of the grant. EXHIBITS: 1. Resolution No. 2004-356 accepting the grant award, authorizing Finance to appropriate funds and seek reimbursement and executing a contract with JRM Consulting, Inc. 2. Award letter dated September 21, 2004 and official award notification form. 3. Amended proposal. 4. Consultant contract DEPARTMENT CONTACT: CLIFF LANGE, (760) 602-2010, clanq@ci.carlsbad.ca.uS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT # 1 RESOLUTION NO. 2004-356 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES, AUTHORIZING FINANCE TO APPROPRIATE FUNDS AND SEEK,REIMBURSEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES. WHEREAS, the City of Carlsbad desires to use outcome measures to measure is performance and develop a balanced scorecard approach to outcome measures; ind WHEREAS, the Institute of Museum and Library Services offered the opportunity o financially support research for the development of outcome measures for public braries; and WHEREAS, the City Council of the City of Carlsbad approved the application for he grant on February 17, 2004; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of zarlsbad, California, as follows: 1. That the above recitations are true and correct. 2. To accept the grant in the amount of $241,705 from the Institute of Museum ind Library Services, directing finance to appropriate the funds and seek eimbursement in accordance with the grant terms. 3. That the Mayor or his designee is authorized to execute the professional 'ervices contract with JRM Consulting, Inc. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council If the City of Carlsbad, California, at a regular meeting held on the 9th day of November , 2004, by the following vote, to wit: AYES: Council Members Lewis, NOES: None ABSENT: Council Member Kul (SEAL) ATTEST: LORRAINE M. WOOD, City Cl&k EXHIBIT #2 September 21,2004 INSTITUTE Of M U S E U M Dr. Cliff Lange Library Director Carlsbad City Library 1775 Dove Lane Carlsbad, CA 92009-4048 Re: Grant award number LG-02-04-0050-04 and LIBRARY Dear Dr. Lange: SERVICES It gives me great pleasure to notify you that your proposal has been selected to receive a 2004 National Leadership Grant in the Research and Demonstration category. This year we received 44 applications requesting more than $13,200,000 in this category. From those applications, we have selected ten projects to receive funding totaling $3,147,396. The projects selected for funding were identified by reviewers as examples of research into issues vital to library and information science and demonstrations offering promising approaches to problems in library service. Enclosed you will find a letter from Joyce Ray, Associate Deputy Director for Library Services, providing details about the terms and conditions of this award. Please review her letter and the enclosed forms and materials carefully and follow the instructions they contain. Congratulations on successfully completing this year’s National Leadership Grant awards for Research and Demonstration. I am delighted that the Institute of Museum and Library Services is able to provide support for this project. Sincerely, Robert S. Martin, Ph.D. Director Enclosures A Federal agency serving the public by strengthening museums & libraries 1100 Pennzylvmia Avenue, hV 0 Washington, DC 20506 Phone: 202-606-8536 Fa: 202-606-8531 September 2 1,2004 INSTITUTE ofMUSEUM and LIBRARY SERVICES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 Dr. Cliff Lange Library Director Carlsbad City Library 1775 Dove Lane Carlsbad, CA 92009-4048 Dear Dr. Lange: Grant Award Number: LG-02-04-0050-04 Congratulations on having been selected to receive a 2004 National Leadership Grant award. This package contains the information you will need to manage your award: Grant Award Notification; Reporting Schedule; General Terms and Conditions of IMLS Awards; SF 388 1, ACH (Automated Clearing House) Enrollment Form, to be completed and returned immediately; SF 270, Request for Advance or Reimbursement, to be submitted each time you request a payment; SF 269A, Financial Status Report (short form), to be submitted annually; OMB No. 3137-0029, Interim Performance Report Form, to be submitted semi- ahnually; Review Process; Panel Comments; Registration and Information on Outcome-Based Evaluation Workshop; and "Get the Word Out" press packet. The Grant Award Notification and General Terms and Conditions contain important information about complying with the terms of the award. Please read all of this information carefully. The amount of your award, the dates of the award period and the grant award number we have assigned are provided in the Grant Award Notification. In all correspondence with IMLS about your award, including reports and requests for reimbursement, please reference your grant award number. Please share the appropriate documents with your authorizing official. Your institution must return to us a completed SF 3 88 1, Automated Clearinghouse Enrollment (ACH) Form, in order to set up the disbursement process and must submit a completed SF 270, Request for Advance or Reimbursement, each time payment is requested. As reflected in the attached General Terms and Conditions and Reporting Schedule, you must submit a semi-annual narrative performance report and an annual financial report. Please use the attached OMB No. 3 137-0029, Interim Performance Report Form, for the semi-annual narratives. Use the attached SF 269A, Financial Status Report (short form) for all financial reports. A Federal agency serving the public by strengthening muIeurns ~5 libraries 1100 Pcnnsylvunia Avenue, NW Wnshington. DC 20506 Phone: 202-606-8536 Fa: 202-606-8591 Final performance reports must be comprehensive and cover the entire grant period. In addition to a summary discussion of the questions addressed in interim reports, the final report should present project findings, outcomes, and lessons learned. In an effort to help grantees better describe their grant activities, IMLS is turning to a tool called "Outcome-Based Evaluation (OBE)." We have included information to help you implement this concept if it is appropriate to your project. In accordance with the application guidelines, you have already included in your budget funding for travel to Washington for the OBE training. You should expect to send two to four project staff members with day-to-day responsibility for carrying out key project activities to this two-day workshop. Included in this mailing are the registration form and other information about the workshop. We also encourage you to establish a Web site for your project to explain your project goals and report on your progress. It is a great way to publicize your project and to share information with your colleagues. Please notify us of your URL so that we can link to it from the IMLS Web site. It is a requirement that your institution credit the Institute of Museum and Library Services in all publications and activities relating to the use of your award. To assist you in publicizing your award, we are pleased to provide you with our "Get the Word Out" press packet, which you may use in developing your own release to your local media. Your public recognition of IMLS support encourages others to apply, and we appreciate your cooperation. We are also enclosing two other items of interest for grantees: a description of the review process that was used in making funding decisions, and copies of Panel Review comments for your application. We urge you to consider concerns raised by reviewers as you undertake your project, as their suggestions could, in many cases, result in stronger projects. After reviewing all of the enclosed documents pertaining to your National Leadership Grant award, if you have any questions, please contact Susan Malbin, NLG Program Officer for Continuing Education and Training and Library/Museum Collaborations at (202) 606-5389 or smalbin(cr!imls.gov; or Martha Crawley, NLG Program Officer for Research and Demonstration and Preservation or Digitization at (202) 606- 5 5 13 or mcrawlev@imls. gov. We look forward to following the progress of your project and to sharing information about it with other organizations that will benefit from your leadership initiatives. Sincerely, Joyce Ray Associate Deputy Director for Library Services Enclosures Institute of Museum and Library Services Official Award Notification for Grants and Cooperative Agreements Awardee Name and Address Carlsbad City Library 1775 Dove Lane Carlsbad, CA 92009-4048 Date of Award August 17,2004 Award Number LG-02-04-0050-04 Official Contact Cliff Lange 1775 Dove Lane Carlsbad, CA 92009-4048 Award Period From October 01,2004 To September 30,2006 ~~ Program Name National Leadership Grants CFDA Number 45.31 2 Project Type Research and Demonstration Award Amount !$ 241,705.00 0811 7/2004 $241,705.00 Original Award I Scope of Work andlor Special Conditions 1. This grant is awarded for the purposes identified in the awardee's application for the FY 2004 National Leadership Grant, except as indicated by any attached correspondence from the awardee amending the project in accordance with the provision in the attached General Terms and Conditions. 2. No changes, other than those described in the General Terms and Conditions may be made in the project without prior written approval from IMLS. Changes requiring prior approval include changes in the scope of work, key personnel, grant period, or changes in the project budget beyond those permitted by the General Terms and Conditions. A request for a no-cost extension of this award must be made in writing no less than 30 days before the end of the grant period. All requests for approval of changes should be made to IMLS, Associate Deputy Director for Library Services, 1100 Pennsylvania Ave. NW, Room 802, Washington, DC 20506. 3. This grant shall be administered by the awardee's responsible official, in accordance with the applicable provisions as identified in the General Terms and Conditions, including any amendments in effect on the date of this award. 4. A Beta version of software developed on an IMLS funded project must be submitted to IMLS for Federal use. IMLS Authorizing Official I Name and Title wh Signature Joyce Ray Associate Deputy Dircector for Libraries I EXHIBIT #3 June 25,2004 Ms. Martha Crawley Senior Program Officer Institute of Museum and Library Services 1100 Pennsylvania Avenue, N.W., Suite 802 Washington, DC 20506 Dear Ms. Crawley: The enclosed revisions to the grant application for the Carlsbad City Library for the development of a Library Scorecard “to communicate the value of the public library” are acceptable as submitted and authorized by my signature below, and become part of the fonnal grant application. Sincerely, Frank Mannen Assistant City Manager Enclosure ~- -. 1200 Carlsbad Village Drive e Carlsbad, @A 92008-1 989 a (760) 434-2821 Q FAX I r”0) 720-9461 2004 IMLS Nutioml Leadership Grants la Application Forms Face Sheet OMB NO. 3137-0035 CFDA No. 45.312 1. Applicant Organization Carlsbad City Library 1775 Dove Lane 2. Instituuonal Mailing Address 3. City Carlsbad 4. State CA Code92009-4048 6. Web Addre-. ci. carlsbad.ca.us/cserv/librarv. DUNS Number n7111977 8. Name of Project Directorlpriapal Investigator 0 Mr. 0 Ms 10. Project Director Mailing Address Dr. 9. Business Phone of Project Director C1 i f f T.anop 760 602-2010 " 1775 Dove Lane ~ ~~ ~ 11. City 12. State 13. Zip Code 14. Fax Number of Project Director 16. Name and Title ofhthorizing Official 18. Sponsoring institution if applicable (e.g., municipality, state, or university) Carlsbad CA 92009-4048 760 602-7942 15. E-mail clange@ci.Jarlsbah.ca.us Address of .Pro.ect D'rec or 17. Business Phone of Authorizing Official Frank Mannen, Asst City Manager 760 434-2823 fJ check if this entity will manage funds if an award is made. Name and address: City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 19. Is the applicant organization university controlled? ayes a no 20. For museum applicants, non-federal operating budget fbr the most recently completed fiscal year $ - 21. Project Titl$roposal to Create a Library Scorecard to Communicate the Value of the Public I 1 Library I 23. Amount of Matching Funds $ 472,940 I AMOUNT REQUESTED $ 241 9 705 24. Grant Period /30 IO7 (EndingDate) 10 / 01 / 04 - (Starting Date) 25. In the space below, indude names of any organizations that are official partners of the project. The Cerritos Library The Newport Beach Public Library The San Diego County Public Law Library CONTINUE TO ITEM 26 ON PAGE 5.4 ApplcatMn Fom rn 2004 lMLS National Ledrsbip Gram 26. Check governing control of applicant (select one) 0 State 0 County 0 Private Non-Prafit a Municipal UTribd Government 0 Other, please specify 27. Check Type of Organization (select one) 0 Academic Library 0 Institution of Higher Education 0 Library association 0 Museum library @Public library 0 Research library/archives 0 School library or school district applying on behalfiof a school library or libraries 0 Special library UState library agency 0 State museum agency 0 Other, please specify 0 Arboretum 0 Aquarium OArt museum 0 Botanic garden 0 Children’s/youth museum 0 General museum* 0 Historic house/site 0 History museum 0 Natural history museum 0 Nature center 0 Museum organization CI Planetarium 0 Science/technology museum 0 Specialized** OZOO 95-6004793 28. Employer identibtion number/tax ID number 29 Check Type of Project (select one) For Libraries: For Museums: 0 Continuing Education and Training Gi] Research and Demonstration 0 Preservation or Digitization CI Museums Online 0 Museums in the Community 0 Profmional Practices hor Library and Museum collaborations: 0 Library and Museum Collaborations *A museum with collections representing two or more discipliner equally (e.g., art and history). ** A museum with collections limited to one narrowly defined discipline (e.g., textiles, stamps, maritime, ethnic group). 4 + + .. F tn 3 v) (P p! E 8 c E f P m b- c 0 a, U 0 - e .- d I1 Project Budget Form SECTION 1: DETAILED BUDGET Year 3 - Budget Period from 10 I 011 06 to 09 130 107 Name of Applicant Organization: Carlsbad City Library SALARIES AND WAGES (PERMANENT STAFF) Name/Tiile No. Method of Cost IMLS Applicant Partner Total Computation TOTAL SALARIES 8 WAGES SALARIES AND WAGES (TEMPORARY STAFF HIRED FOR PROJECT) Namerriile No. Method of Ccst IMLS Applicant Partner Total Computation TOTAL SALARIES FOR TEMPORARY STAFF FRINGE BENEFITS Rate Salary Base IMLS Applicant Partner Total TOTAL FRINGE BENEFITS CONSULTANT FEES Name/Tiile Of Consultant Rate of Compensation Number of Days IMLS Applicant Partner Total (Daily) On Project To be determined $500lday 10 days $5,000 $5, OOO TOTAL CONSULTANT FEE $5,000 $5,000 TRAVEL FROMTTO PERSON DAYS COSTS COSTS IMLS Applicant Partner Total NUMBER OF: SUBSISTENCE TRANSPORTATION TOTAL TRAVEL COSTS MATERIALS, SUPPLIES AND EQUIPMENT Item Method of Cost IMLS Applicant Parther Total Computation TOTAL MATERIALS, SUPPLIES AND EQUIPMENT SERVICES Item OTHER Item Method of Cost Computation TOTAL COST OF SERVICES Method of Cost Cornputation TOTAL OTHER COSTS IMLS Applicant Partner Total IMLS ApplicaM Partner Total TOTAL DIRECT PROJECT COSTS $5,000 $5,000 INDIRECT COSTS Proposal to Create a Library Scorecard to Communicate the Value of the Public Library Using Outcome-based Performance Measures Revised on June 22,2004 Dissemination Project infomation will be disseminated primarily through the production of the Developing a Library Sm~card Workbook. This workbook will provide a recommended process for any library to develop a Library Scorecard. The worl<book will also document any lessons learned as a result of this project. It is anticipated that this workbook will be made available on a Web site so that it can be downloaded as well as published commercially so that it can be distributed widely. Several articles will be submitted to library and information science journals for publication including a major library publication (Library Journal, American Libraries, etc.). It is likely that one or more of the library directors and/or the consultavt would be asked to make presentations at both national and state library association conferences. Further, each library would prominently feature their Library Scorecard on their library’s Web site. Press releases will be prepared to inform the media about the availability of the Library Scorecard on the library’s Web site. Addendum: The workbook will be posted on at least two of the library’s Web sites using the PDF format. A link will be provided so that individuals and libraries interested in downloading a free copy of the workbook will be directed to Adobe’s Web site so that they can download a free copy of Acrobat reader (allows the users to read and print PDF documents). The workbook available for free downloading will use the actual formatting of the commercially published workbook. The project team will post messages on various library-related list sews informing the participating librarians and other participants about the availability of the free workbook. Further, the applicant and partner libraries will each maintain a link to the project‘s Web site which will be maintained by the Carlsbad City Library which will identify the objectives of the project, provide information about the participating libraries, include a project schedule, and provide links to various documents, conference presentations and other pertinent information related to the project. In addition to providing a copy of the workbook that can be downloaded, the project will develop an interactive version of the workbook that will be accessible via the World Wide Web. It is agreed and understood that the copyright for the workbook shall be jointly held by the Carlsbad City Library (the applicant) and the other participating partner libraries. Proposal to Create a Library Scorecard to Communicate the Value Of the Public Library Using Outcome-based Performance Measures Project Budget Justification The Carlsbad City Library (CCL) is requesting a grant in the amount of $241,705 from the Institute of Museum and Library Services for a project involving four public libraries in the counties of Orange and San Diego, California. The participating libraries will match the request with $553,214. The individuals identified for each participating library in the Detailed Budget will be members of the team who will develop a Library Scorecard for their respective library. Dr. Cliff Lange, Director of the Carlsbad City Library, will be the Project Director and the City of Carlsbad will be the fiscal agent. The project will hire Joseph R. Matthews as a consultant who will assist each participating library in developing a Library Scorecard as well as assessing the impact of the scorecards from the perspective of the stakeholders. Mr. Matthews will also be responsible for producing the project's final report and a workbook that would document the process to create, implement and maintain a Library Scorecard that can be shared with other libraries. Time estimates for each goals and activity is shown on the following page. Supplies & Materials: Each library will receive $3,500 to use to produce customer surveys of the library. For example, some libraries are planning on distributing surveys that were developed by the Counting on Results project. Travel: Travel monies will be used to pay the consultant for automobile expenses associated with travel to/from each library for the various meetings. Monies for IMLAS meetings have been included. The library directors expect to pay their own expenses to professional conferences to make presentations about the planned project. Add end u m : Project Evaluation: $5,000 has been included in the third year of the project for an independent, outside evaluation of the project in order to determine whether: 0 0 The Balanced Scorecards are effective in conveying the impact and value of the public library to various stakeholders, and The Workbook developed by the project has achieved its purpose from the perspective of the libraries participating in its testing. National Advisory Board A National Advisory Board, composed of 7 public library directors, would meet at each ALA Conference to review progress and offer suggestions. Addendum: The names of potential advisory board members shall be forwarded to the IMLS within the first three months of the start of the project and the final advisory board members shall be approved by the IMLS. Project Evaluation The project evaluation will be a continuous in that the participating library directors and other staff members will be asked to critique the process of developing a Library Scorecard at each step in the process. Their comments and observations will be documented and included in the Developing a Library Scorncad Workbook as it is being written. Near the end of the project, library decision makers (members of library boards, City Councils, Board of supervisors) will be asked to complete a brief survey asking their views of the utility of the Library Scorecard- In addition, a series of interviews will be conducted with library decision makers to better understand their views and concerns about an effective way to communicate the value of the public library and the utility of the Library Scorecard. Addendum: $5,000 has been included in the third year of the project for an independent, outside evaluation of the project in order to determine whether: The Balanced Scorecards developed by the participating libraries are effective in conveying the impact and value of the public library to various stakeholders, and The Workbook developed by the project has achieved its purpose from the perspective of the libraries participating in its testing. AGREEMENT FOR CONSULTING SERVICES JRM CONSULTING, INC. THIS AGREEMENT is made and entered into as of the /A W day of .#Ol/EMR%K , 2004, by and between the CITY OF CARLSBAD, a municipal corporation, ('City"), and JRM Consultinq, Inc. , a Corporation , ("Contractor"). RECITALS A. City received City Council approval on February 17, 2004, through Agenda Bill #17,508 to apply for a grant from the federal Institute of Museum and Library Services (IMLS). The grant funds will allow City to create and maintain a measurement system to identify the key outcomes of the library system. The funds will be released to the City upon City's request and proof of expenditure. The federal Institute of Museum and Library Services awarded the grant to the City of Carlsbad on September 21, 2004. City requires the professional services of a consultant that is experienced in administering and developing a "Balanced Scorecard" performance measurement tool for the purpose of developing outcome measures for libraries. E. Contractor has the necessary experience in providing professional services and advice related to development of outcome measures for libraries. F. Selection of Contractor is expected to achieve the desired results in an expedited fashion. G. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. B. C. D. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: I. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two years from the date first above written. The City Manager may amend the Agreement to extend it for one additional year period or parts thereof in an amount not to exceed two hundred nine City Attorney Approved Version #04.01.02 1 thousand, five hundred dollars ($209,500) plus travel expenses including mileage. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred nine thousand, five hundred dollars ($209,500) plus travel expenses including mileage, which is defined in Exhibit "B". No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit ''A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to 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 Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. City Attorney Approved Version #04.01.02 2 Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor’s work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. 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 in whole or in part 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. 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. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will 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-:VI’. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor‘s indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor’s sole expense. 10.1 .I Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. City Attorney Approved Version #04.01.02 3 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. City Attorney Approved Version #04.01.02 4 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to for the term of costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of the City of Carlsbad. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in the City of Carlsbad and Contractor relinquishes all claims to the copyrights in favor of the City of Carlsbad. IMLS reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish or otherwise use materials for Federal purposes and to authorize others to do so. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Cliff Lanae Name Joe Matthews Title Director Title President Department Library Address JRM Consulting, Inc. City of Carlsbad Address 1775 Dove Lane Carlsbad CA 92008 5421 Kipling Lane CarlsbadCA 92009 - Phone No. 760-930-9223 Phone No. 602- 201 1 City Attorney Approved Version #04.01.02 5 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. 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 Con‘jlict 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 affected 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. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor’s services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each City Attorney Approved Version #04.01.02 6 party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for 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, City will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is City Attorney Approved Version #04.01.02 7 entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of .. enforcing a right or rights provided 6r by this Agreement'will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 1 I I I I I I I I I I I I I I I I I City Attorney Approved Version #04.01.02 8 26. 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 CONTRACTOR ATTEST: (print name/title) (e-mail address) **By: (sign here) LORRAINE M. wdo~ City Clerk (print nameltitle) (e-mail 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: City Attorney Approved Version #04.01.02 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -~ StAe of California On personally appeared Date Narne(s) of Signer(s) , .... 9%'" .I , ..., " ,,.., Place Notary Seal Above 0 personally known to me Wved to me on the basis of satisfactory I, evidence the same acted, executed the instrument. Signature of Notary Public OPT10 NA L 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association 9350 De Soto Ave , PO Box 2402 Chatsworth CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "A" + Q 5 a, 5 t 0 EXHIBIT "A" L V I 8 * 0 ,1 EXHIBIT "B" Application Am la 2004 IMLS National Leadmhip Grants Project Budget Form SECTION 2: SUMMARY BUDGET The Carlsbad City Library Name of Applicant Organization IMPORTANT! READ INSI?IUCTIONS ON PAGES 3.8-3.10 BEFORE PROCEEDING, DIRECT COSTS IMLS SAWUES &WAGES FRINGE BENEFITS CONSULTANT FEES 2o9.500 TRAVEL 13,205 14,000 A'f.4TERIAJ3, SUPPLIES & EQUIPMENT SERVICES OTHER TOTAL DIRECT COSTS $ 236,705 INdlRECT COSTS' $ 'You may re uesf indirect axts from IMLS only on the Jreu project costs requested horn LMLS. Applicant Parmer(s) Total (if applicable) $129.232 $260.1 25 $389.357 57.736 83.583 209,500 13,205 28.847 14,000 $ 155,079 $ 317,861 $ 709,645 $ $ $ TOTAL PROJECT ccms $-. AMOUNT OF CASH-MATCH AMOUNT OF IN-KIND GONT~IBUTIONS $ $ $ 155,079 $ 317,861 (INSTITUTIONAL COST-SHARING), INCLUDING INDIRECT COSTS TOTAL AMOUNT OF MATCH (CASH & IN-KIND CONTRIBUTIONS) AMOUNT REQUESTED FROM IMLS, INCLUDING INDIRECT COSTS $- $ 236,705 PERCENTAGE OF TOTAL PROJECT COSTS REQUESTED FROM IMLS 33.3 % (MAY NOT EXCEED 50% IF REQUEST EXCEEDS $250,000 - RESEARCH PROJECTS EXCEPTED, SEE COST SHARING ON PAOE 1.7) I Have you received or requested funds for any of these project activities from another Iederal agency? (Please check one) CI Yes 4 No If yes, name of agency Dare of application or award Amount requested or received $