1998-119-Execute An Agreement With Professional Library Consultants, P.A. For Consulting Services For Library Needs Assessment Study For Contract Amount Of $23,505RESOLUTION 1998 - 119
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT WITH PROFESSIONAL LIBRARY CONSULTANTS, P.A.
FOR CONSULTING SERVICES FOR A LIBRARY NEEDS ASSESSMENT STUDY
FOR A CONTRACT AMOUNT OF $23,505
WHEREAS, Professional Library Consultants, P.A. is fully qualified to provide
library needs assessment services.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into an agreement with Professional
Library Consultants, P.A. for a Library Needs Assessment Study for a contract amount of
$23,505, and that the Town Manager is authorized, and is hereby directed, to execute said
agreement attached hereto and incorporated by reference as Exhibit "A" in the name and on behalf
of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 3rd day of August, 1998 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubekc
NAYS: None
ABSENT: None
ABSTAIN: None �✓ , -� L,
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
OFFICE F TON CLERK
A(,R Cl, f 1C W
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AGREEMENT FOR CONSULTANT SERVICES FOB
LIBRARY NEEDS ASSESSMENT STUDY REC
RESO®.
THIS AGREEMENT is entered into this 3rd day of August, 1998, by and between the Town
of Los Gatos, State of California, herein called the "Town ", and Professional Library
Consultants, P.A., engaged in providing library consulting services herein called the
"Consultant ".
RECITALS
A. The Town is undertaking activities to provide a Library Needs Assessment Study for
Los Gatos Public Library.
B. The Town desires to engage a library Consultant to provide consulting services in
conjunction with a library needs assessment study, because of Consultant's experience
and qualifications to perform the desired work.
C. The Consultant represents and affirms that it is qualified and willing to perform the
desired work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Scope of Services. The Consultant shall provide the following services listed below.
A. Consultant must prepare a Library Needs Assessment Study for Los Gatos Public
Library. This shall be an analysis of present library services and a description
of the recommended services that would be most useful to the community in
meeting its needs in the next twenty (20) years. This analysis shall include
significant community input in the form of focus groups about library use,
future needs, expectations, and willingness to fund those services and the space
required to provide them.
This report shall include an analysis of the existing library facility and
its ability to provide the space needed for the services being recommended.
It shall include an assessment of the building structural stability, soundness,
functional layout, aesthetics, compliance with ADA, flexibility, parking, traffic,
pedestrian access, and related criteria in terms of its useful life.
In the final report, the Consultant shall include an explanation of the
methodology used to reach the recommendations, along with an analysis of
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tabulation of results, and submit the cross tabulated results to the
Consultant. The results will be analyzed by the Consultant and the
analysis included in the Consultant report.
1.4 Second On -Site Visit: Leading Focus Group Discussions
A total of four focus groups of a dozen people each will be used in
gathering the information. The representatives will be selected by the
Library, seeking representation of various parts of the service area in
each group. Consultants Bob Rohlf and Janice Feye - Stukas will lead each
group and record the results.
The group sessions will focus on library use, future library needs,
community expectations, funding of needed services, and space needs to
accommodate them. Two consultants will each spend two days on site
for the purpose of conducting the focus groups.
One camera -ready copy of the results of the focus group discussions will
be provided the Library Director.
2.1 Drafting an Analysis of the Los Gatos Community Now and for the
Next Twenty Years
This analysis will highlight significant trends and external change agents
as they relate to the Library. Consultants Lester Stoffel and Bob Rohlf
will prepare the draft. One camera -ready copy will be sent the Library
Director.
2.2 Drafting an Analysis of the Library's Present Services
This analysis will include spreadsheets showing comparisons of the Los
Gatos Library with its peers statewide and nationally. Consultants Lester
Stoffel and Bob Rohlf will prepare the draft. One camera -ready copy will
be sent to the Library Director.
2.3 Drafting a Description of Recommended Services
These recommended services will be those that would be most useful to
the residents of Los Gatos during the next twenty years. This draft will
include the results of the focus group sessions and the results of the User
Survey. Consultants Lester Stoffel and Bob Rohlf will prepare the draft.
2.4 Third On -Site Visit
Lester Stoffel will discuss with the Library Director and Library staff
above three draft documents. Bob Rohlf will talk with others to secure
additional information to continue the study. Paul Zajfen will make an
on -site visit to join Lester Stoffel in making a detailed examination of the
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4. Sole Responsibility. Consultant shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
Information/Report Handling. All documents furnished to Consultant by the Town and
all reports and supportive data prepared by the Consultant under this Agreement are the
Town's property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
pursuant to this Agreement are confidential until released by the Town to the public, and
the Consultant shall not make any of the these documents or information available to any
individual or organization not employed by the Consultant or the Town without the
written consent of the Town before such release. The Town acknowledges that the
reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of
evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Consultant in connection with other projects shall be solely at Town's
risk, unless Consultant expressly consents to such use in writing. Town further agrees
that it will not appropriate any methodology or technique of Consultant which is and has
been confirmed in writing by Consultant to be a trade secret of Consultant.
6. Compensation. Compensation for Consultant's professional services shall not exceed
$23,505; and payment shall be based upon Town approval of each task and receipt of an
invoice.
Billing shall be accompanied by a detailed explanation of the work performed by whom,
at what rate, and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review, even if only in partial or draft form.
Availability of Records. Consultant shall maintain the records supporting this billing for
not less than three (3) years following completion of the work under this Agreement.
Consultant shall make these records available to authorized personnel of the Town at the
Consultant's offices during business hours upon written request of the Town.
8. Project Manager. The Project Manager for the Consultant for the work under this
Agreement shall be Robert Rohlf.
Assignability and Subcontracting. The services to be performed under this Agreement
are unique and personal to the Consultant. No portion of these services shall be assigned
or subcontracted without the written consent of the Town.
10. Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
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employment relationship, and shall, at the Town's sole discretion, sever any such
employment relationship.
13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide
occupational qualification pursuant to the California Fair Employment & Housing Act.
14. Insurance.
A. Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single limit
per occurrence for bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to an
amount not less than one million dollars ($1,000,000) combined single limit
per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with original
endorsements effecting coverage. Consultant agrees that all certificates and
endorsements are to be received and approved by the Town before work
commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
B. General Liability:
The Town, its officers, officials, employees and volunteers are to be covered as
insured as respects: liability arising out of activities performed by or on behalf
of the Consultant; products and completed operations of Consultant, premises
owned or used by the Consultant. This requirement does not apply to the
professional liability insurance required for professional errors and omissions.
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18. Termination of Agreement. The Town and the Consultant shall have the right to
terminate this agreement with or without cause by giving not less than fifteen (15) days
written notice of termination. In the event of termination, the Consultant shall deliver to
the Town all plans, files, documents, reports, performed to date by the Consultant. In the
event of such termination, Town shall pay Consultant an amount that bears the same ratio
to the maximum contract price as the work delivered to the Town bears to completed
services contemplated under this Agreement pursuant to Exhibit A hereto, unless such
termination is made for cause, in which event, compensation, if any, shall be adjusted in
light of the particular facts and circumstances involved in such termination.
19. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the
Consultant.
20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total.
21. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
the Agreement between the Town and Consultant. No terms, conditions, understandings
or agreements purporting to modify or vary this Agreement, unless hereafter made in
writing and signed by the party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of
the date indicated on page one (1).
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