HomeMy WebLinkAboutAGENDA REPORT 2011 0720 CC REG ITEM 09A ITEM 9-A.
CITY OF R100RPARK,CALIFORNIA
City Council Meeting
of
MOORPARK CITY COUNCIL ACTION:
AGENDA REPORT
TO: The Honorable City Council
FROM: Jennifer Mellon, Administrative Services Manager
DATE: July 2, 2011 (CC meeting of July 20, 2011)
SUBJECT: Consider Agreement with Library Systems & Services, LLC
(LSSI) for Continued Operation of the Moorpark City Library
SUMMARY
The City of Moorpark has an agreement with Library Systems & Services(LSSI)to operate
the Moorpark City Library and this Agreement expires on September 30, 2011. Staff is
proposing to enter into a five year Agreement with LSSI to continue to provide library
operations including staffing and general expenses. The library contract staff will continue
to provide all library services including collection development and procurement, training,
programming, and technology support for library proprietary software systems. Staff costs
and general expenses are budgeted within the Agreement. The collection development and
technology budgets remain within the City's library budget and LSSI is given authorization
to spend those budgeted funds and request reimbursement from City for actual costs.
BACKGROUND
On November 1, 2006, City Council authorized the City Manager to execute an Agreement
with Library Systems & Services, LLC (LSSI) to operate the Moorpark City Library,
commencing January 1, 2007 and continuing for a term of four and one half years (54
months) to July, 2011, with optional 12 month extensions. City Staff is proposing a new
Agreement for consideration with a five year term rather than annual extensions.
Fiscal Year 2011-12 library revenue is projected at approximately $821,000; of which an
estimated $775,000 is property tax allocated to the library. The City is anticipating tax
revenue to remain flat or increase slightly throughout the term of the Agreement. Other
annual Library revenue sources include the State Public Library Fund (PLF) allocation;
fines and fees; a Moorpark Friends of the Library contribution; and interest earnings. This
revenue projection continues to be low due to decreased property tax allocation for the
Library; however, the Library has a substantial reserve balance from the transfer of the
facility from the County to the City.
S:\Administrative Services\AII ASD\1Staff Reports\2011 Staff Reports\SR 110720 LSSI Agmt 2011-2016.doc
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Honorable City Council
July 20, 2011
Page 2
Proposed total operating costs for the Moorpark City Library (including City staff salaries,
contractual services, contractual staffing of 7 FTE, non-contract operating expenses, cost
allocation, and facility maintenance costs) are estimated at approximately $900,000.
DISCUSSION
Staff is proposing a revised LSSI Agreement for a five year term. The revised Scope of
Services includes staffing and day-to-day general expenses only (Exhibit B). LSSI will
continue to bill the City on a monthly basis as expenditures occur for procurement of
collection and technology costs which include library software maintenance and licensing
costs but preclude technical support of equipment.
The cost of the FY 2010-11 LSSI Agreement totaled$451,589,which included staffing of 7
full time equivalent (FTE) positions ($426,289); and general expenses ($25,000). The
proposed total contractual cost for FY 2011-12 with 7 FTE will remain the same at
$451,589. In years two through five of the Agreement the staffing cost only is proposed to
increase 1.5% annually. General expense costs will remain the same, budgeted at
$25,000, throughout the term. Staff is requesting that the City Council approve the
Agreement and give signature authority to the City Manager to sign the five (5) year
agreement at a total cost of $2,195,524 for Fiscal Years 2012-13 through 2015-16.
FISCAL IMPACT
There will be no impact on the General Fund for Library operations during FY 2011-12.
The revised Scope of Services for staffing and general office expenses for FY 2011-12
totals$451,589. This represents a 0% increase in staffing cost and general expenses from
FY 2010-11. If this Agreement is approved, the City will incur proposed increases in
staffing costs of 1.5% annually for years 2 through 5. The General Fund impact will be an
increase in costs of between$6,191 and$6,683 In Fiscal Years 2012-13 through 2015-16.
STAFF RECOMMENDATION
Authorize the City Manager to sign the Agreement with Library Systems & Services, LLC
(LSSI) for Operation of the Moorpark City Library which includes a revised Scope of
Services and Compensation Plan for Fiscal Years 2011-12 through 2015-16, subject to
final language approval by the City Manager and City Attorney.
Attachments:
Attachment 1 — Agreement
Attachment 2 — Exhibit B, Scope of Services and Compensation
(Exhibit A, Insurance, not included as an attachment)
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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK
AND
LIBRARY SYSTEMS & SERVICES, LLC (LSSI)
FOR OPERATION OF THE MOORPARK CITY LIBRARY
THIS PROFESSIONAL SERVICES AGREEMENT is made and effective as of
this day of , 2011, between the City of Moorpark, a
municipal corporation ("City") and Library Systems & Services, LLC, (LSSI) a Maryland
limited liability company ("Consultant"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for library services including staffing and daily
operations; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications and background to carry out the duties involved; and
WHEREAS, the Parties entered into an Agreement on December 27, 2006 with
LSSI to provide library services and wishes to continue this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to June 30, 2016
as identified in the Scope of Services and in conformance with Exhibit B, unless this
Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
2.1 Consultant agrees to perform the tasks described and set forth in Exhibit B
("Scope of Services and Compensation"), which is made part of this Agreement.
2.2 Consultant shall furnish all the labor, technical, administrative, professional
and other personnel, and all other means whatsoever, except as otherwise expressly
specified in this Agreement, necessary or proper to perform and complete the services
required of Consultant under this Agreement.
2.3 Consultant's designated representative(s) who are authorized to act on its
behalf and to make all decisions in connection with the performance of services under
this Agreement are listed in this Agreement.
2.4 Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultant's key personnel and subcontractors, if any, listed in Exhibit B to
perform the services required under this Agreement. Consultant shall notify and obtain
City's written approval with respect to any changes in key personnel prior to the
performance of any services by replacement personnel.
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2.5 Consultant shall obtain City's prior written approval before utilizing any
subcontractors to perform any services under this Agreement. This written approval
must include the identity of the subcontractor and the terms of compensation.
Consultant is responsible for ensuring that all subcontractors have proper insurance
which is also subject to review by City.
3. PERFORMANCE
3.1 City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide library services, as set forth in Exhibit B. In the event
there is a conflict between the provisions of Exhibit B and this Agreement, the language
contained in this Agreement shall take precedence.
3.2 Consultant represents and warrants that it has the qualifications and
experience necessary to properly perform the services required under this Agreement in
a thorough, competent and professional manner. Consultant shall at all times faithfully,
competently, and to the best of its ability, experience and talent, perform all services
described in this Agreement. In meeting its obligations under this Agreement,
Consultant shall employ, at a minimum, generally accepted standards and practices
utilized by persons engaged in providing services similar to those required of Consultant
under this Agreement. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
3.3 If Consultant believes that additional services are needed to complete the
Scope of Services, Consultant shall provide the City Manager or the City Manager's
designee written notification describing the proposed additional services, the reasons
for such services, and a detailed proposal regarding cost.
3.4 City may order changes to the Scope of Services, consisting of additions,
deletions, or other revisions, and the compensation to be paid Consultant shall be
adjusted accordingly. All such changes must be authorized in writing and executed by
Consultant and City. The cost or credit to City resulting in changes in services shall be
determined by the written agreement between the parties.
4. FAMILIARITY WITH SERVICES AND SITE
4.1 By executing this Agreement, Consultant warrants that Consultant:
(a) has thoroughly investigated and considered the Scope of Services to
be performed;
(b) has carefully considered how the services shall be performed;
(c) understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement; and
(d) possesses all licenses required under local, state or federal law to
perform the services contemplated by this Agreement, and will maintain all
licenses for the duration of this Agreement.
5. MANAGEMENT
5.1 The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
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City and Consultant shall be Mark Smith, Vice President — West Coast Operations, and
no other individual may be substituted without the prior written approval of the City
Manager.
5.2 The City's contact person in charge of administration of this Agreement, and
to serve as principal liaison between Consultant and City, shall be the City Manager or
the City Manager's designee.
6. CITY'S OBLIGATIONS
6.1 City shall make available to Consultant, without charge, solely for
Consultant's use in performing the services outlined within this Agreement, all
properties, facilities, equipment, collections, supplies, records, files and data used or
useful in the operation of the Library that is in City's possession, custody or control as of
the date hereof. City reserves all ownership rights in such properties and Consultant
shall vacate or return such properties to City, ordinary wear and tear expected, at the
termination or expiration of this Agreement.
6.2 City shall be responsible for setting all policies and procedures that govern
the operations of the library and LSSI staff shall at all times adhere to set policies and
procedures.
7. COMPENSATION AND PAYMENT
7.1 Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value of two million, one hundred ninety-five thousand, five hundred twenty-four dollars
($2,195,524) as stated in Exhibit B, without the written authorization of the City
Manager. Payment by City to Consultant shall be in accordance with the provisions of
this Agreement.
7.2 Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City
Manager. Consultant shall be compensated for any additional services in the amounts
and in the manner as agreed to by City Manager and Consultant at the time City's
written authorization is given to Consultant for the performance of said services.
7.3 Consultant shall invoice City prior to the fifteenth (15th) day of each calendar
month for services to be provided in the subsequent month at the amount set forth in
Exhibit B. Due to the nature of this Agreement and the willingness of the City to pay for
services not yet rendered, payment by the City shall not constitute acceptance by City
of Consultant's work performed or to be performed, and shall not preclude the City's
rights to contest amount of payment. Unless disputed in writing, invoices shall be paid
on Net 30 terms from date City receives the invoice. Balances remaining unpaid and
undisputed ten (10) days after the "due date" or the last day of each calendar month
shall bear interest at rate of one and one quarter percent (1 %%) per month until paid in
full.
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8. REQUIRED DOCUMENTATION PRIOR TO PERFORMANCE
8.1 Consultant may not perform any services under this Agreement until
Consultant provides the following to City:
(a) furnishes proof of insurance as required under Exhibit A;
(b) provides a taxpayer identification number and 1099 form;
(c) obtains a City business registration and provides proof thereof; and
(d) both parties have executed this Agreement.
9. TERMINATION OR SUSPENSION WITHOUT CAUSE
9.1 Either Party may terminate this Agreement with or without cause by giving the
other Party six (6) calendar months written notice of termination.
9.2 In the event this Agreement is terminated or suspended pursuant to this
Section, the City shall pay to Consultant the actual value of the work performed up to
the time of termination or suspension, provided that the work performed is of value to
the City. Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
10. DEFAULT OF CONSULTANT
10.1 The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligence of the
Consultant, it shall not be considered a default.
10.2 If the City Manager or the City Manager's designee determines that the
Consultant is in default in the performance of any of the terms or conditions of this
Agreement, the City Manager shall cause to be served upon the Consultant a written
notice of the default. The Consultant shall have thirty (30) days after service upon it of
said notice in which to cure the default by rendering a satisfactory performance. In the
event that the Consultant fails to cure its default within such period of time, the City shall
have the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
11. OWNERSHIP OF DOCUMENTS
11.1 Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by City that relate
to the performance of services under this Agreement. Consultant shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services under this Agreement including, but not limited to, ledgers, books of account,
invoices, vouchers, canceled checks or other documents or records evidencing or
relating to work. All such records shall be maintained in accordance with generally
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accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to the representatives of City or the City's
designees at reasonable times to such books and records; shall give the City the right to
examine and audit said books and records; shall permit City to make transcripts
therefrom as necessary; and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Agreement at the City's expense. Notification
of audit shall be provided at least thirty (30) days before any such audit is conducted.
Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
11.2 Upon completion of, or in the event of termination or suspension without
cause of this Agreement, all documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable advanced written
request by the City, the necessary computer software and hardware for purposes of
accessing, compiling, transferring, and printing computer files.
11.3 Except as necessary for the performance of services under this Agreement,
no Project Documents prepared expressly for City under this Agreement, will be
released by Consultant to any other person or entity without City's prior written
approval. All press releases, including graphic display information to be published, must
be approved and distributed solely by City, unless otherwise agreed to in writing by City.
12. CONSULTANT'S BOOKS AND RECORDS
Where City has reason to believe that any of the documents or records required
to be maintained by this section may be lost or discarded due to dissolution or
termination of Consultant's business, City may, by written request, require that custody
of such documents or records be given to a person or entity mutually agreed upon and
that such documents and records thereafter be maintained by such person or entity at
Consultant's expense. Access to such documents and records must be granted to City,
as well as to its successors-in-interest and authorized representatives.
13. INDEMNIFICATION AND HOLD HARMLESS
13.1 Consultant shall hold harmless, defend (with council reasonably acceptable to
City), and indemnify City and all of its officials, employees, servants, agents, and
consultants, from any claim, demand, damage, liability, loss, cost or expense, for any
damage whatsoever, arising out of or in connection with any personal injury or property
damage resulting from or in any way connected with the performance of this Agreement
by Consultant, except such damage as is caused by the negligence of City or others not
under the control of the Consultant. City shall give prompt written notice to Consultant
of any matter asserted by City to be covered by this provision.
13.2 City does not and shall not waive any rights that it may have against
Consultant by any reason of this Section, because of the acceptance by City, or the
deposit with City, of any insurance policy or certificate required pursuant to this
Agreement. The hold harmless and indemnification provisions shall apply regardless of
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whether or not said insurance policies are determined to be applicable to any losses,
liabilities, damages, costs and expenses described in this Section.
14. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
15. INDEPENDENT CONSULTANT
15.1 Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
15.2 No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
15.3 For City business purposes, position titles utilized by Consultant's
employees shall be approved by the City Manager or the City Manger's designee. All
correspondence and written documents prepared on behalf of the City, including but not
limited to letters, memorandums, emails, forms, and permits, shall clearly identify
Consultant's employees as contractors or consultants , to the satisfaction of the City
Manager or the City Manager's designee. Additionally, Consultant shall provide its
employees with business cards that clearly identify LSSI or contractor or consultant to
the satisfaction of the City Manager or the City Manager's designee. Consultant shall
also provide its employees with metal name badges that include the employee's name, ,
Moorpark City Library City Library, and contractor or consultant, to the satisfaction of the
City Manager or the City Manager's designee. The name badge shall be worn at all
times while conducting the business of the City of Moorpark pursuant to this Agreement.
16. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
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17. NONDISCRIMINATION
Neither the Consultant, nor any sub-consultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status or
gender of such person, except as provided in Section 12940 of the Government Code.
The Consultant shall have responsibility for compliance with this Section [Labor Code
Section 1735].
18. UNAUTHORIZED ALIENS
Consultant agrees to comply with all of the provisions of the Federal Immigration
and Nationality Act (8 U.S.C. § 1101 et seq., "FINA") as amended from time to time, and
further agrees not to employ unauthorized aliens as identified in FINA. Should
consultant employ any unauthorized aliens for the performance of any work or services
covered by this Agreement, and should any liability or sanctions be imposed against
City for the use of unauthorized aliens, Consultant agrees to reimburse City for the
amount of all such liabilities or sanctions imposed, together with any and all related
costs, including attorneys' fees, incurred by City.
19. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee or agent of Consultant, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
20. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Scope of Services performed under this Agreement.
21. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or sub-
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consultant. Consultant further covenants that Consultant has not contracted with nor is
performing any services directly or indirectly, with any developer(s) and/or property
owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property
and/or processing an entitlement application for property in the City or its Area of
Interest, now or within the past one (1) year, and further covenants and agrees that
Consultant and/or its sub-consultants shall not provide service nor enter into any
contract with any developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, while under
contract with the City and for a one (1) year time period following termination of this
Agreement.
22. CONFIDENTIAL INFORMATION: RELEASE OF INFORMATION
22.1 The parties acknowledge that all information gained or work product produced
by Consultant in performance of this Agreement will be considered confidential and that
City may be exposed to information regarding Consultant's proprietary library
management techniques and such other information designated in writing by Consultant
as confidential (collectively, "Confidential Information"). Each party will: (1) use the
same care to protect the other party's Confidential Information from disclosure that such
party uses to protect its own information of like importance; (2) shall limit duplication of
Confidential Information to the extent necessary to perform this Agreement; and (3)
disclose Confidential Information only to employees having a need to know in
connection with performance of this Agreement, and who are informed of the contents
of this provision prior to disclosure.
22.2 Consultant shall not release nor disclose any such Confidential Information to
persons or entities other than City without prior written authorization from the City
Manager, except as required by law.
22.3 Consultant, its officers, employees or agents, shall not, without written
authorization from the City Manager, voluntarily provide declarations, letters of support,
testimony at depositions, response to interrogatories or other information concerning the
work performed under this Agreement. Response to a subpoena or other court order
shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
22.4 If Consultant, or any officer, employee, or agent of Consultant, provides any
Confidential Information or work product (including Project Documents) in violation of
this Agreement, then City will have the right to reimbursement and indemnity from
Consultant for any damages, costs and fees, including attorneys' fees, caused by or
incurred as a result of Consultant's conduct.
22.5 Consultant shall promptly notify City should Consultant, its officers,
employees, or agents be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement
and the services performed under this Agreement. City retains the right, but has no
obligation, to represent Consultant or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the
opportunity to review any response to discovery requests provided by Consultant.
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However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite such response.
22.6 In addition to any other remedies available, because the damage resulting
from a breach of this Section 21 may be difficult or impossible to quantify and remedy at
law, in case of such breach, or the threat of such breach, the party whose Confidential
Information is disclosed or threatened to be disclosed will be entitled to injunctive or
other equitable relief.
22.7 Nothing in this Agreement confers any license or right to use any trademark,
service mark, copyright or other intellectual property right, weather now owned or
hereafter developed, of either party.
22.8 These provisions shall survive termination or expiration of this Agreement;
and, on such termination or expiration, each Party shall return all Confidential
Information, including all copies, to the owner of such information, and if requested,
shall certify in writing that all such information has been returned and not duplicated.
Because the damage resulting from a breach of this provision would be difficult or
impossible to quantify and remedy at law, in case of such breach, or the threat of such
breach, the Party whose Confidential Information is threatened to be disclosed shall be
entitled to injunctive or other equitable relief. Notwithstanding the foregoing, should the
City be required to disclose any information pursuant to the Public Records Act or any
other court order, City agrees to provide notice to Consultant prior to making such
disclosure.
23. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom it is intended as follows:
To: City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attn: City Manager
Tel: 805-517-6200
Fax: 805-532-2205
To: Library Systems & Services, LLC
12850 Middlebrook Road, Suite 400
Germantown, Maryland 20874
Attn: Bradley J. King, CEO
Tel: 301-510-5100
Fax: 301-540-5522
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, who shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
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24. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
25. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
26. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
27. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the State of California shall govern
the rights, obligations, duties, and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement.
28. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
29. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
30. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
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representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
31. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
32. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon being signed and acknowledged by both of
the parties hereto.
33. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
34. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
35. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
36. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK LIBRARY SYSTEMS & SERVICES, LLC
By: By:
Steven Kueny, City Manager Bradley J. King, CEO
Attest:
Maureen Benson, City Clerk
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EXHIBIT B
SCOPE OF SERVICES AND COMPENSATION
Fiscal Years 2011-2012 through 2015-2016
LSSI agrees to administer the operations of the Moorpark City Library (collectively,
"Library"), including staffing of the Library; the accounting for, purchase of and payment
of goods and services from vendors for approved budgeted supplies, specified
technology maintenance, Library Materials (as defined below) and Capital Items (as
defined below); and to operate the Library in accordance with the policies and
guidelines approved by City within the scope of City's approved and adopted budget.
LSSI shall provide, by and through its own employees ("LSSI Staff'), all labor for the
operation of the Library. The cost of the LSSI Staff shall be paid by LSSI and is
included in the Operating Budget (as defined below). LSSI shall have the sole and
absolute responsibility to hire and/or terminate the employment of the Library Staff from
time to time to perform work under this Agreement. LSSI will provide the appropriate
staffing levels, of no less than seven (7) FTE's, to keep the Library open to the public at
fifty-eight (58) hours per week.
Monday through Thursday: 10:00 a.m. to 8:00 p.m.
Friday and Saturday: 10:00 a.m. — 5:00 p.m.
Sunday: 1:00 p.m. — 5:00 p.m.
LSSI will develop a long-range plan for the City upon City's request in cooperation with
City Staff, elected and appointed local officials, other community stakeholders and the
Library Staff ("Plan") and provide the plan in writing. Using current professional
standards and practice, the Plan will identify challenges and opportunities for the Library
staff and corresponding strategic responses; including specific, measurable goals and
objectives. The Plan will be complete for City approval on a date mutually agreed upon
by both parties. The Parties agree the Plan will take approximately six (6) months to
develop.
This Plan, when approved by the City, will help govern the direction and focus of the
Library Staff in fulfillment of their mission of providing effective and efficient Library
service to meet the personal, professional and lifelong learning needs of the citizens
served by the Library.
A. Included Services
The tasks that LSSI will undertake within this Agreement include:
1. General — Under the general direction of the City Manager or City Manager's
designee, administer all aspects of the day-to-day operations of the Library, in
accordance with generally accepted practices and principles of the public
library profession. Periodically review program development, collections, and
community development involvement activities, ensuring that programming,
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services, and collections are in line with community needs. Comply with all
California laws and regulations pertaining to public library services, including,
but not limited to, the California Library Services Act. Represent the City at
relevant library meetings, including the annual California Library Association
State Librarians' meeting.
2. Community Relations:
a. Develop and maintain effective working relationships with, but not limited
to, City staff, elected officials, the Library Board, other library agency
representatives, local schools and colleges, community groups such as
the Friends of the Library, and the general public.
b. Develop a marketing plan to promote all Library services to the residents
of the City, and implement such plan subject to approval of the plan by
City. Effectively disseminate information, and promote use of the Library,
resources, and services.
c. Work cooperatively with Library support groups to coordinate library
advocacy and marketing efforts.
d. Attend City Council meetings when requested to attend by City.
3. Fiscal Responsibility:
a. Maintain responsibility for administration of the overall Library budget, of
which the contracted services are a part.
b. Continually review all aspects of Library operation and service for
efficiency and cost-effectiveness, while making changes as appropriate.
C. Diligently use good faith efforts to collect and account for all fines and
fees, and remit same to City. All revenues resulting from library operations
and programs will belong to the City.
d. Prepare annual operating and capital budget requests for City approval.
e. Provide monthly, quarterly, and annual financial statements that detail the
costs associated with the operations of the Library.
f. Develop and maintain effective and efficient financial procedures.
g. Review all aspects of Library operation and service for efficiency and cost-
effectiveness, making recommendations to City for approval and
implementation.
h. Provide the City with annual audited financial statements of the Company
to demonstrate fiscal soundness.
i. Explore supplemental Library funding opportunities, and apply for those
which meet the Library's objectives, including but not limited to application
and administration services for Federal E-Rate funding.
j. Make recommendations to the City on fine and fee schedules, and
investigate and recommend supplemental revenue sources.
k. Seek and recommend grant opportunities for the Library for consideration
and approval by the City. Approval from the City must be received prior to
submittal of a grant application.
4. Management and Reporting:
a. Prepare and provide an annual report by the last day in February for the
previous calendar year, describing Library activities undertaken in the
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calendar year as well as recommending changes in policies, procedures
and operations as necessary and appropriate.
b. Prepare and provide quarterly financial reports to City on Library activities
designated within this Agreement. The financial reports shall detail all
expenditures made for the Library quarterly and year to date for all items
within this Agreement.
C. Prepare and provide quarterly reports to the City describing Library
activities and recommending changes in policies, procedures, and
operations as appropriate.
d. Prepare and provide monthly statistical reports in a form acceptable to
City regarding Library activities by the fifth (5Ih) day of each month for
activity of the prior month.
e. Follow and provide any necessary documents pertaining to delinquent
library patron accounts to the City or other City designated and approved
agency.
f. Maintain an inventory, updated monthly, of all books and materials
purchased on behalf of the City for the Library. City shall be responsible
for maintaining a technology inventory of all technology equipment at the
facility.
g. Upon request, LSSI's City Librarian will provide reports to the City
Manager or City Manager's designee. The City Librarian shall also serve
as Library staff liaison to any Library Board, Friends of the Library, and/or
any other Library support groups.
h. Manage the Moorpark City Library Volunteer program.
i. At least annually, survey and gather information from Library users for use
in Library planning and customer satisfaction. Form and type of survey to
be mutually agreed upon by City and LSSI.
j. LSSI and the City Librarian shall copy the City Manager or City Manager's
designee on all official written correspondence sent (e-mail, letter, fax,
etc.) by LSSI or the City Librarian on behalf of the Library with the
exception of internal LSSI correspondence.
k. All press releases or publicity for events shall be given to the City
Manager or City Manager's Designee for review, comment, and approval
at least forty-eight (48) hours prior to being submitted to the media, posted
on the website or advertised to the public in any way.
5. Planning and Performance Monitoring:
a. Establish short-term and long-term goals and objectives, to be approved
by the City, reflecting a course of action that continually improves Library
service and administrative procedures and policies that meet the changing
requirements of the Library.
b. Provide core Public Library performance measurements and compile
monthly, quarterly, and annual reports to the City regarding the same.
California State Public Library Statistics will be the minimum reported
benchmark requirements.
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6. Staff Development and Coaching:
a. Staff training and development is the responsibility of LSSI. LSSI shall
agree that their professional staff be appropriately trained to ensure their
continuing education requirements for professional library staff are
maintained.
b. LSSI will provide support, orientation, training and professional
development of all Library Staff.
c. LSSI will provide leadership and guidance to maximize Library Staff
effectiveness in Library operations.
d. LSSI will provide harassment, discrimination, and retaliation training to all
supervising employees at a minimum of every two years, with the initial
training to take place within ninety (90) days of the effective date of this
Agreement for current supervising employees, and within ninety (90) days
of new assignments for future incoming supervising employees.
7. Public Services:
a. Provide prompt, friendly and accurate assistance in the use of the Library.
b. Provide prompt and accurate circulation, information and reference
services.
c. Provide requested materials promptly.
8. Materials and Collection — Submit a comprehensive Collection Development
and Management Plan, including both short-term and long-term collection
development plans; a plan to systematically evaluate and replace antiquated
material; an analysis of the relationship of print, non-print and electronic
resources in the Library collection to the City Manager or City Manager's
designee by March first (1S) of each year to be approved by the City.
Recommendations for long-term collection and materials development are
required, together with an implementation plan that is realistic within the City's
financial resources. After City Council approval of the final budget, City will
inform City Librarian of collections budget and give authority to begin
procurement. Provide high quality materials on a wide variety of subjects in
varied formats for all age groups present in the community, according to
established collection management plans. Final decisions on collection
development policies shall be with the City.
9. Interlibrary Loan Program — Work with the Southern California Library
Cooperative (SCLC) on interlibrary loan arrangements for the Library.
Recommend other interlibrary loan arrangements to the City and, upon
approval form the City, work to secure such interlibrary loan arrangements.
10. Programming — Provide high quality, effective educational, recreational and
cultural programs of interest to major demographic groups present in the
community. All programs currently in place will continue and be analyzed.
Recommendations for new programs shall be provided, in writing, to the City
Manager or City Manager's designee for approval prior to commencing new
programs. Examine current programming and recommend changes in long
range plan documents.
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17A
11. Outreach — Conduct visits to school classrooms, community groups, service
clubs and other local organizations and generate ongoing publicity about
Library programs services.
12. Information Technology — Recommend plans to procure, install, and support
sufficient hardware, software, network, telecommunications and other
resources necessary to support the Library's mission.
13. Automation Support:
a. Provide maintenance support for library computer software associated
with the Integrated Library System (ILS) and proprietary library systems
and ensure that those systems operate effectively.
b. Be responsible for acquisition and maintenance of any servers and related
hardware required for proposed ILS system and library proprietary
systems.
c. Advise the City as to recommendations in the area of automation that
would enhance service and/or decrease overall operating costs.
d. The City will provide, and when necessary, replace all software, hardware
and related peripherals, for both the use by Library staff and for the
service of the general public and will provide day-to-day maintenance and
servicing of said software, hardware, and related peripherals. The City will
provide, maintain and service computer networks and the telephone
system/network and equipment.
14. Facilities — Work with City Staff to ensure effective building maintenance by
promptly identifying and reporting problems with the physical building.
In addition to meetings with City staff, LSSI agrees to attend the meetings of the
Moorpark City Library Board of Trustees as well as City Council meetings when matters
of the Library will be discussed and staff determines that LSSI's presence is necessary.
LSSI will be present at stakeholder and any formal Library advisory group meetings as
established by the Council when determined necessary by the City. Library staff will
also attend SCLC meetings and provide status reports and information to City
representatives.
B. Excluded Services
LSSI shall have no responsibility for administration, purchase or payment of, or any
liability or duty to defend claims for:
A. Any Capital Items, which shall mean any capital acquisitions, improvements or
replacements of any of the properties, facilities, equipment, furniture, furnishings,
fixtures or leasehold improvements of the Library, except that such Capital Items
proposed by LSSI for its benefit shall be approved by the City and paid for by
LSSI.
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17B
B. Any amount of costs for unbudgeted repairs, maintenance and/or upkeep of
Capital Items owned by the City.
Any increases in the cost of facility insurance, utilities, and any state or federal tariff
items over the rate for such items prevailing as of the date of execution of this
Agreement.
C. Special Conditions
LSSI may purchase goods for use in the management and operation of the Library upon
prior written approval of the City. Title to all items purchased by LSSI on behalf of the
City shall at all times reside in the City. If LSSI furnishes any goods to the City pursuant
to this provision, LSSI will use good faith efforts to extend the manufacturer's warranty,
if any, to the City. All goods, services, and materials designated within this Agreement
are the responsibility of LSSI to procure with approval by the City prior to purchase.
LSSI warrants that it will perform the Scope of Services shown in this Exhibit (Exhibit B)
with at least the care, diligence and expertise generally accepted in the library service
industry. If LSSI fails to perform the services shown to the satisfaction of the City, the
City will notify LSSI. If LSSI continues to fail to perform to the City's satisfaction, LSSI
and the City agree to meet and discuss solutions. There are no other warranties,
express or implied, including warranties of merchantability or fitness for
particular purpose.
C. Library Materials and Materials Handling Fee
On behalf and for the benefit of the City, LSSI will negotiate favorable discounts and
prices from Library suppliers for the purchase of all Library materials, which shall
include but are not limited to books, periodicals, newspapers, electronic database
subscriptions, standing orders, audio and video materials and cases, automated
reference services, binding, cataloging and processing costs (collectively, "Library
Materials").
The responsibility for adopting Library collection development policies will remain with
the City, and all Library Materials selections, in cooperation with the City, will be the
responsibility of LSSI. LSSI will place orders with the suppliers and perform the
accounting functions related to those orders, including prompt payment of the invoices.
In accounting for the cost of the Library Materials, LSSI shall include a fee of five
percent (5%) of the cost of the Library Materials ordered ("Materials Handling Fee")
when billing the City for reimbursement of Library Materials ordered.
The collection development budget within the Agreement Term which is inclusive of
Library Materials, sales tax, shipping, processing fees, and the LSSI Materials Handling
Fee on all collection resources purchased or licensed for the Library is budgeted within
the City's Library Operating Budget and LSSI is responsible for management of
collection procurement not to exceed the allocated Library Operating Budget for
collection procurement.
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17C
D. Operating Budget and Charges
On or before the first (1S) of February of each calendar year that this Agreement is in
effect LSSI will provide the City with the projected budget for the next Fiscal Year period
(July 1 through June 30). The City will review, comment, and negotiate the proposed
budget with LSSI and approve the draft next Fiscal Year budget with LSSI on or before
the first (1S) of March pending final approval by City Council.
At least six (6) months prior to end of the five (5) year term to which the amount of
charges have been agreed upon, the parties shall begin to negotiate in good faith the
amount of charges that will apply to the next term, if any. If the parties have not reached
such agreement three (3) months before the end of such term, then the charges for the
next twelve (12) month period, or such fewer number of months remaining until the
expiration or termination of this Agreement, shall be equal to the charge for the last
month of such period multiplied by twelve (12) or the number of remaining months,
whichever is less, plus a Consumer Price Index (CPI) cost-of-living escalator based on
the change, if any, CPI for Los Angeles — Riverside — Orange County over the latest
twelve (12) month period.
E. Staffing and Key Personnel
The City and LSSI agree to the following breakdown of staffing services and charges for
said items provided within this Agreement.
Includes salaries, benefits, and overhead for LSSI employed on-site staff to operate the
present Library facility located at 699 Moorpark Avenue, Moorpark, California for fifty-
eight (58) hours per week, seven (7) days of service per week, including four (4) hours
on Sunday afternoons (less approved holidays). This staff will consist of no less than
the equivalent of seven and one-quarter (7.25) Full Time Equivalents (FTE's). At all
times the Library is open to the public, no less than two (2) employees will be
scheduled. LSSI agrees to provide the following staff positions during the term of this
Agreement:
• One (1) full-time City Librarian (Master's Degree Professional)
• One (1) full-time Youth Services Librarian (Master's Degree Professional)
• Three-quarter time (.75) FTE Teen Librarian (Master's Degree Professional)
• One-half (.5) FTE Reference Associate (paraprofessional)
• Two and one-half (2.5) FTE Library Assistants (filled by part-time employees)
(staff level)
• One (1) FTE Library Technician (evening shift) (staff level)
• One Half (.5) FTE library page (could be filled by part time employees)
All personnel employed to perform the services necessary to operate the Library and to
perform the other functions of LSSI will be employees of LSSI and LSSI will pay all
costs related to their employment. From time to time, actual staffing levels may fluctuate
due to normal turnover and attrition. LSSI agrees it will make a good faith effort to
recruit and select qualified employees to fill vacancies within a reasonable period of
time in order to maintain appropriate staffing levels. If a vacancy of a professional
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17D
position designated above occurs, LSSI must provide a replacement, or replacement
hours by a qualified person, for the vacant position at a level equal to the specification
of the vacant position within two weeks of the official date of vacancy.
In order to more effectively meet the evolving service needs of the community, from
time to time, LSSI may create or abolish positions, combine positions, reclassify
positions, or modify the organization structure of the Library Staff with prior written
approval from the City.
Automation system support (the Integrated Library System (ILS)) as well as
management and administrative support of all library proprietary software systems will
be provided without additional charge on an as needed basis. Maintenance of the ILS
and library proprietary software systems will be scheduled and completed on a regular
basis.
The Library will follow the published SCLC Holiday Schedule and be closed on all
holidays designated as "All System Library" closure Holidays and those other holidays
agreed upon in writing and published by the City in December of each year for the
subsequent year. The Library will close 5:00 p.m. on the following holidays if the library
is normally scheduled to remain open until 8:00 p.m.: Third of July, Thanksgiving Eve,
Christmas Eve, and New Year's Eve. In addition, the Library will be closed on the
second (2nd) Friday of August for Staff development day/training day and City building
and technology maintenance day.
LSSI will pursue to the best of its ability the status necessary in the State of California
with the Department of Justice (DOJ) to fingerprint employees and volunteers that will
work at the Library. Once LSSI has received the ability to fingerprint in California they
agree to do so for all employees, as a condition of employment, and volunteers, aged
18 or older, working within the Library facility or for the Library in any capacity where
they may be in a supervisory or influential role with minors as determined by the City
and to pay the costs of said fingerprinting. LSSI agrees to follow the California Joint
Powers Insurance Authority (CJPIA) policy entitled "Obtaining Criminal Record
Information on Employees, Volunteers and Applicants — Exhibits B and C." LSSI will
draft a letter to the DOJ requesting the ability to Livescan fingerprint and submit it to the
DOJ before September 1, 2011. The City shall also submit a letter to the DOJ
requesting that LSSI be allowed clearance to fingerprint employees of the Library due to
employees of the library performing recreational duties with children. If the DOJ request
is denied, LSSI will continue to submit letters on an annual basis throughout the term of
this agreement that request the permission through the DOJ to Livescan their
employees working in public library settings.
In the interim, while LSSI works to secure the ability to fingerprint, LSSI agrees to
conduct background checks, to include a check for criminal and sex offender history, for
all employees and volunteers working within the Library facilities or for the Library in any
capacity.
LSSI Understands and agrees to provide written acknowledgement from each employee
providing library services for the City that the employee has read and agrees to comply
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17E
with the City Council adopted Policy against Harassment, Discrimination, and
Retaliation (Attachment 1), as it may be amended from time to time.
The use of City supplied computer equipment and software as well as internet and e-
mail use requires the appropriate, efficient, ethical, and legal utilization of City computer
hardware and network resources. The use of computer hardware and network
resources must support the City's objective and be consistent with the City's mission.
Users must abide by the City's policies, administrative directives, procedures, rules,
regulations and guidelines. If a user violates any of the City provisions, his/her access to
the computer network and the use of computer equipment may be denied. The City
reserves the right to disallow any LSSI employee who violates any of the City provisions
to provide Library services under this Agreement.
LSSI understands and agrees to provide written acknowledgement from each employee
providing Library services for the City that the employee has red and agrees to comply
with the City Manager adopted procedure concerning the Appropriate Use of City
Computer and Related Equipment and Acceptable Internet and E-mail Use on City's
Computers (Attachment 2), as may be amended from time to time.
LSSI agrees to comply with all State and Federal child labor laws for the employment of,
or use of, minors as volunteers.
Compensation for Staffing for Fiscal Year 2011-12 of the term of this Agreement shall
be budgeted at one percent (1%) above the staffing compensation for the previous year.
Compensation for Staffing for Fiscal Years 2012-13, 2013-14, 2014-15, and 2015-16 of
the term of this Agreement shall be budgeted at one and one-half percent (1.5%) above
the staffing compensation for the previous year as outlined in the table below:
Compensation Schedule
Period Staffing Costs Materials
Period Monthly Budget*
July 1, 2011 — June 30, 2012 $426,289.00 $35,524.08 $60,0.00.00
July 1, 2012 —June 30, 2013 $432,480.00 $36,040.00 TBD by City
July 1, 2013 — June 30, 2014 $438,968.00 $36,580.67 TBD by City
July 1, 2014 — June 30, 2015 $445,552.00 $37,129.33 TBD by City
July 1, 2015 —June 30, 2016 $452,235.00 $37,686.25 TBD by City
F. General Expenses
General Expenses will remain at twenty-five thousand dollars ($25,000) for the term of
the Agreement and will be invoiced by LSSI at a monthly amount of two thousand
eighty-three dollars and thirty-three cents ($2,083.33). General Expenses include, but
are not limited to, office supplies, paper and other consumables used by staff and the
public; administrative costs include but are not limited to training, travel, petty cash
purchases, postage, printing, marketing, etcetera as approved by City; and
programming expenses including, but not limited to, all expenses (excluding contracted
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17F
performers, authors, etcetera which are included in the City's Library budget) associated
to programming identified within this Agreement. LSSI will purchase only new, un-
refurbished consumables for use with Library equipment. If for any reason, LSSI
expends money without prior written approval and authorization or expends funds which
exceed the budgeted amount identified and approved for a particular expenditure, LSSI
is responsible for those expenditures as incurred.
G. Programming
During the Agreement term, LSSI agrees to provide, at minimum, the following
programming/events and pay all program/event related expenses for items identified
below. Identified items in Section G will be funded, with the exception of summer
reading club expenses and contracted individuals (performers or authors, etcetera) for
events as pre-approved by City, with funds identified in Section F of this Agreement.
The City and LSSI will continue to meet and evaluate programming and make
recommendations for changes as necessary.
• Weekly Pre-school Story Time and occasional bilingual story time events; with
guest story time presenters on occasion to provide variety for attendees.
• Monthly Family and/or Adult Focused programming such as book clubs,
seminars, etcetera and/or Family craft workshops incorporating holidays,
occasions, or themes.
• Weekly Summer Reading Club events, to be supplemented with smaller events
on other days of the week at various times of day, to provide summer library
activities to a broad number of youth in the community. LSSI will plan and
execute these events. Subsequently, LSSI will include detailed expense reports
for reimbursement on monthly expense invoices and the City will pay expenses
incurred for Summer Reading Clubs at an amount not to exceed four thousand
dollars ($4,000) annually.
• Monthly Teen Events and a Teen Summer Reading Program.
• An Adult Summer Reading Program.
• Quarterly library related Adult and/or Family Events to be held at the Library,
High Street Arts Center, or other venue to accommodate larger crowds. These
events would provide an awareness and visibility of the Library to larger
audiences than the Library can accommodate.
• Library participation in the Moorpark Arts Festival, Day in the Park, and other City
sponsored events as well as community events such as Moorpark Country Days.
• Ongoing Community Outreach efforts including use of Social Media and other
web based outreach as well as face to face community outreach.
H. Breakdown of Costs and Expenses — Monthly Variable Costs included in
the City of Moorpark Library Operations Budget
Total cost of Automation Maintenance, Software, and Licensing costs as well as
Collection procurement are included in the City of Moorpark Operating Budget for Fiscal
Years throughout the Term of this Agreement and shall include sales tax, shipping,
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17G
processing fees, and the Materials Handling Fee of five percent (5%) for collection
purchases.
An annual expenditure budget will be provided to LSSI by the City which covers
Automation Maintenance, Software and Licensing costs as well as Collection
Procurement identified to take place during each Fiscal Year during the Term of this
Agreement. LSSI is authorized to expend funds for identified purposes as approved by
Council within the City Budget. City staff will provide LSSI with the approved budget for
automation maintenance, software, and licensing costs and collection procurement on
or before July first (1S) of each year. If for any reason, LSSI expends money without
prior written approval and authorization or expends funds which exceed the budgeted
amount identified and approved for a particular expenditure, LSSI is responsible for
those expenditures as incurred.
LSSI will bill the City for variable costs breaking out each category — Automation
Maintenance, Software, and Licensing Costs; and Collection Procurement on the
invoices with detailed expenditure descriptions and backing documentation for each of
these items.
Library Software, Maintenance, and Licensing Costs
All technology software and maintenance costs for the automation system and Library
specific software programs, as well as all other items listed below, will be paid by LSSI
as invoiced by vendors at a not-to-exceed amount identified within the City of
Moorpark's Library Budget and agreed upon by LSSI as part of the annual budgeting
process. LSSI will subsequently include the items on the next monthly City invoice for
reimbursement at actual cost incurred:
• ILS approved by the City
• Annual maintenance of all implemented components of Envisionware or other
System for Computer Reservations and Filtering approved by the City
• Any filtering solution appropriate to be run with library proprietary software
• SCLC Membership and all related SCLC Service Costs
• OCLC Annual Costs
• Homework Help System Costs
• Barcodes
• Patron Cards
All technology hardware will be budgeted by and purchased by the City, maintained by
the City, and invoices paid by the City. Hardware used by LSSI for hosting of the
Integrated Library System (ILS) or for storage of library proprietary data gathered by
library the ILS are the sole responsibility of LSSI and shall be maintained by LSSI under
the terms of this Agreement.
Collection Development
Costs for collection development over this Agreement period, including sales tax,
shipping, processing fees, and the LSSI handling fee charge of five percent (5%) on all
27 17 H
collection resources purchased or licensed for the library are budgeted in the City's
budget. LSSI is authorized to procure material and pay invoices as invoiced by vendors
and, subsequently, invoice the City for the cost of collection purchases plus the five
percent (5%) handling fee including, details of purchases must be included with LSSI
invoices, at an amount not-to-exceed the City budgeted amount for collection
procurement. If for any reason, LSSI expends money without prior written approval and
authorization or expends funds which exceed the budgeted amount identified and
approved for a particular expenditure, LSSI is responsible for those expenditures as
incurred.
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