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1988-0082056L NO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND HBW ASSOCIATES, INC PROVIDING FOR LIBRARY CONSULTING SERVICES FOR THE EMILY FOWLER LIBRARY, DENTON, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and author zes t e City Manager to execute an agreement between the city of Denton, Texas and HBW Associates, Inc for library consulting services for the Emily Fowler Library, Denton, Texas, under the terms and conditions in said agreement SECTION II That the City Council hereby authorizes the City Manager to expend funds from the sale of bonds, in the amount of Nineteen Thousand Six Hundred and Sixty-six Dollars and Fifty Cents ($19,666 50) for the procurement of such services SECTION III That this ordinance shall become effective imme ately upon its passage and approval PASSED AND APPROVED this the day of 1988 RA ' E ATTEST (l Q~ri~ E 44 "C"f'TY`T~FY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE (8171 566 8200 Office of City Attorney HBW Associates, Inc P 0 Box 71089 Dallas, Texas 75371 Dear Sirs The City is in receipt of your proposal and description of services to be provided by HBW Associates, Inc For purposes of this letter HBW Associates, Inc shall be referred to as HBW In regard to your proposal and letter of September 4, 1987, copies of which are attached and incorporated herein as if fully set forth at length, the City agrees to accept the same, subject to the following amendments, additions, and deletions to be incor- porated into the proposal 1) Payment of Services City agrees to pay for services within thirty (30) days of the receipt of invoice from HBW Payment shall be only for ser- vices actually performed at the date of billing In no event shall the City prepay for any services of HBW 2) Status of HBW Associates, Inc The City of Denton and HBW agree that HBW shall be deemed to be an independent contractor and not an agent or employee of the City of Denton with respect to its acts or omissions hereunder 3) Venue In the event of a dispute as to the terms, obligations or conditions of this agreement, City of Denton and HBW agree that venue for all suits, whether in law or equity, shall be instituted and maintained in Denton, Denton County, Texas 4) Indemnification HBW agrees to indemnify and hold harmless the City of Denton and its agents, employees and representatives from and against all liability for any and all claims, suits, demands and/or actions arising from or based upon any acts on the part of HBW, W Associates, Inc ge Two its agents, representatives and employees or result from HBW's activities conducted incidental to this Agreement, regardless of death or damages are caused in whole or in of the City of Denton 5) Definition of HBW which may arise out of in connection with or whether such injuries, part by the negligence HBW shall mean all principals, associates, agents, employees, and representatives of HBW 6) Authority to Bind HBW The person(s) who executes this Letter Agreement represents and covenants that he is duly authorized to execute same on behalf of HBW 7) Termination Either party may terminate this agreement upon fifteen (15) days written notice to the other party HBW agrees to allow the City the right to audit the expenses incurred upon termination Upon termination, all expenses for services rendered up and until the date of notice of termination shall be paid in accordance with the Payment of Services provision Further, the last paragraph on page three of your proposal, as well as your letter of September 4, 1987, wherein Project Budget is addressed, HBW and the City of Denton agree that the following sentence is deleted "The above cost is subject to negotiation Of Please initial next to the sentence to indicate you are in agree- ment of this deletion If you are in agreement of these includling the deletion described execute your signature below with additional terms and conditions, in the preceding paragraph, please the appropriate acknowledgment ACCEPTED HBW ASSOCIATES, INC CITY OF DENTON, TEXAS BY C, cam' SQcIe 1 wi r TYt. DC jw Enclosure 23371 ,oe BY LLOY V HARRELL CITY MANAGER 'HE STATE OF TEXAS S COUNTY OF DENTON S On this 44""' day of Am I )A hi j , 198f, before me, the undersigned Notary P lic, pe onally appeared Lloyd V Harrell, personally known me to a the person who executed the within instrument as city Manager of the City of Denton, Texas, on behalf of the Municipal Corporation therein named apd acknowledged to me that the corporation executed it WITNESS my hand and official seal kur+i4 JENNIFER IMRIE NOWY Public STATE TE OF TEXAS ``4m? of My Comm Exp Aug 14 1990 ly~ ju lhl~zl NO Y U IC, T TE OF TEXAS THE STATE OF TEXAS S COUNTY OF tW S On thiso~_ day of RFR- r 1987, before me, tie under- signed Notary Pub11C, personally appeared T<A6 " , personally kwn to me to beL the person who execute the within instrument as ~NO.~o~ ~e~✓~/io,vT of HBW Associates, Inc , on behalf of HBW Associates, Inc there- in named and acknowledged to me that the corporation executed it WITNESS my hand and official seal NOT UBLIC, STATE OF TEXAS ~ Z J Library Planners and Consultants September 4, 1957 Joplla Orr, Director Denton Public Library 502 Oakland Street Denton TX 76201 Dear Ms Orr hbw associates Inc (214) 826 6981 P O Box 71089 Dallas Texas 75371 In reference to our proposal of July 22, 1957, regarding our perfotming library consulting services for the City of Denton and the Denton Public Library, it is my understanding that the starting time for the study will be delayed until on or about the 1st of December, 1957, a result of bond sale scheduling We are prepared to honor our proposal with rppard to the fop structure Therefore the last paragraph of Pape 3 section headed Pro]pct Budpet can be amended to road as follows The above negotiation The proposed budget is valid until February 1, 1955 rho cost proposal is also valid for 60 clays beyond the revised Phase Two work, revised to a date of six months from December 1, 1957, or six months from the official start-up date, whichever occurs at the latest date Any request for additional at 5 percent If this meets with your approval, please acknowledge We are looking forward to working with you, your staff, Library Board, grid city officials on this important study Th/aj~}k you Richard L Waters Principal Consultant cc David M Horn ngton Lee B Brawnet SAP 0 t51q~~ Nj ON OENS~N 'Ka I-j- Ubrary Planners and Consultants July 22, 1987 Joella Orr, Director Denton Public library 502 Oakland Street Denton 1X 76201 Dear Ms Orr RECEIVED JUL 27 ]987 C11 ( "F DENTON DENTON PUBLIC LIBRARY Per our recent telephone conversations, I am pleased to submit our proposal to you for library consulting services that we would provide the City of Denton and the Denton Public Library As you requested, we have prepared our proposal to address both phases of work Phnce Or- This phase will consist of two elements a teview of the existing capital funding available to the library and how to expend the funds in order to achieve the greatest potential for iwproviu6 Library service in the City of Denton, and assistance with the preparation of a I S C A title II grant application to the Texas State Library so that the City of Denton can apply for said funds We will approach Phase One work as follows Task 1 Request and review background data including maps which indicate place of residency of current library users 0 5 consultant days Task 2 On-site visit to Denton to confer with city and libtaty staff, and to review existing facility and potential sites for/if a branch library should be the way to expend the available capital funds 1 0 consultant days Task 3 Prepare report in draft form 1 0 consultant days Task 4 Telephone review of draft report/revise report per review 0 5 consultant days Task 5 Ori-site visit to Denton to present final report 0 5 consultant days Task 6 Assistance with L S C A grant application 0 5 consultant days haw associates inc (214) 826 6981 P O Box 71089 Dallas Texas 75371 Total consultant days for Phase One - 4 0 Joella Orr July 22, 1987 Page 2 Phase Two This phase will consist of a detailed, long-tinge look at the Denton Public Library A plan, with specific recommendations regarding services, automation, facilities, collections, staffing, and budgets will be prepared the plan will look 15 years ahead, or into the 21st century Ten copies of a draft report, and a like number of copies of the final report, will be prepared and delivered We will approach Phase Two work as follows Task 1 Request and review background data, including demographics, projections reootis, and the like Prepare a summary report of the data 2 0 consultant days Task 2 Hold two/three Focus Group meetings in Denton with users and others regarding their view of the future of the Library Twelve to 15 persons will participate in each group A summary report of the findings of the group meetings will be prepared 2 0 consultant days (NOTE We propose this in out belief that citizen involvement in the planning process is important ) Task 3 Conduct a detailed review of current service programs, including the level and adequacy of automation propose and 'test service changes with the Library staff based upon the Focus Croups and our general knowledge/expetience Evaluate existing services and make recommendations regarding continuation, change, expansion, or discontinuation Prepare a summary report on services/automation 6 0 consultant days, including 3 0 on-site 'cask 4 Based upon service review/evaluation, analyze staffing needs in terms of number of staff required, level of triining needed salary/benefit costs and comparisons with other libtiries/employers and related staffing matters Prepare a summary report on staffing 3 0 consultant days, including 1 0 on-site Task 5 Based upon anticipated growth in terms of population, residential and commercial construction, and transportation plans, prepare a detailed facilities plan for the next 15 years 3 0 consultant days including 1 0 on-site A summary report will be prepared first Task 6 Based upon all of the above, prepare an analysis of budget requirements, revenue sources (local taxes, grants, private funding, earned income, etc and long-range needs Prepare a summary report 2 0 consultant days Task 7 Utilizing all of the information gathered, analyzed, and reviewed to date, prepare a draft report that addresses all of the above issues, that provides specific recommendations (as guidelines) with a timeline and budget projections (in 1987-88 dollars) 5 0 consultant days Joella Orr July 22, 1957 Page 3 Phase Two (con't ) Task 5 Orr-site review of draft report 1 0 consultant days Task 9 Revise per review, the draft report and prepare final report On-site presentation of final report 2 0 consultant days, including 1 0 on-site Total consultant days for Phase Two - 26 0 Project Budget We propose to undertake the work as described above (both phases) for a riot-to- exceed cost of $19 666 50 fly phase, our budtet is as iollows Phase One, Fees - 4 0 days 0 $600 00 per day Expenses - mileage @ $30 00, (letieal/ print3nP @ $100 00 Overhead - @ 5 percent of Bees + lxpeuses Total Phase OnE Budget Phase Two, Fees - 26 Expenses Overhead Total Pha TOTAL BUDGET 0 days @ $600 00 per day mileage @ $120 00, lodpinP/meals @ $130 00 clerical/printing @ $350 00 @ 5 percent of Fees + lxpenses se Two Budget (NOT-TO-EXCEED) = $ 2,400 00 130 00 = 126 50 $ 2,656 50 = $ 15,600 00 600 00 510 00 = 1 7 , 010 00 $ 19 666 50 The above cost is subject to negotiation the proposed budl,et is valid for 60 days from the date of this letter of proposal the cost proposal is also valid for 60 days beyond the suggested project timeline (see 5eC1]on below) Any request for additional services shall be billed based upon the standards of above $600 00 per consultant day, $0 25 per mile $15 00 per clerical hour, and lodging/meals at actual cost plus overhead at 5 percent Project Timeline We propose to begin Phase One work within fourteen days of acceptance of this proposal, and complete the work within 30 days of the starting date We propose to begin Phase Two work within ioutteen days of the completion of Phase One, and complete the work within 120 days of the starting date Joella Orr July 22, 1987 Page G We at HBW Associates are excited about the possibility of working for you, your staff, Library Boird, and City officials If you have any questions, please do not hesitate to write or telephone Our address and telephone number is on page one of this letter of proposll Enclosed please find background tntormation regarding HBW Associates Thank you Richard L Waters Principal Consultant cc David M Hentngton Lee B Brawner Encls