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
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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.
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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
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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).
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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"
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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 $