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