HomeMy WebLinkAboutSUSAN BAERG EPSTEIN, LTD. - 1983-05-16 AGLEEMENT FOR CONSULTANT SFRVICES
BETWEEN CITY AND SUSAN BAERG EPS`fEI'4
'Psis agreement is made and ontered into this , 46z.�-�day f�r
of r . ' 19831 by and between the CITY of Huntington '
Beach, 2000 Main Street, Huntington Beach, C_,lifornia 92648, a
mi7zlicipal corporation of the State of California. hereinafter
referred to as OCITX,'" anu' SUSAN $AERG EPST-IX, LTA., a
corporation, hereinaf'te^ referred to as "COITSULTANT." gar f
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WHEREAS CITY desires to retain a consultant in the field
or automated circulation control: systems and desivea to till
the position with an independent contractor, to be hired on a
contract for a limited term as provided herein, and
CONSULTANT will not be a member at CITY:S personz cl
system
CITY has reviewed the requirements for the position, h�.a
aondue;ted the reouired ac.laction process and desire, tc hire
COY ,'LTMT for such position,
NOW, ViSRF?O-qr, the pae t ies covenant and agree as
fol)nsxs
CITY hereby hires CONSULTANT to
ful.fil1 the duties of CONSULTANT in the field of automated
aircuf,a 1dn cogtrol systems and accepts and agre6., to s jeh E'
contractual agreement. CONSULTANT shal'x perform for CST ` the
work described in Zxh.tbit "A" attached hereto and i.nearporatf,,d `
herein by refer!�naef
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2.. The term of this contract shall be for one (1
year From the date of execition of this agreement.
3. f'ou c sati a. ITY -Nall pay CONSULTANT, and
CONS'LTANT agrees to, accept rpo , CITY as full payment for ']
services, compensation in the amount of Sixty-two and fifty.
hun.dreths dollars ($62.50) per hour not to exceed sixty-four
64) hours or Four Thousand ($11,000) Compensation
shall be by monthly payments in accord with the number of
hours worked in that. month, payable ten (10) days after
receiving the big�. therefor.
#. fait frsi: . C� e• CONSULTANT shall at all times
faithfully, industriously and to the best of her ability,
experience and talent perform all duties that may be required
of and: from her pursuant to the express and Implicit terms
hereof, to the reasonable satisfaction of CITY, COMOULTANT is
not empowered and agrees not to make commitments for or on
behalf of CITY` without the express consent of the Director of
Community Services
5. � .; 3�ea or, :rjet,. :This agreement its a
personal aervices vontract. The agreement may not be
assigned nor the serviceq performed by or delegated to any
person or tW ty other than CONSULTANT -ithout the prior
written consed4 of the CITY,
6, gC 3' L. This Written agreement 1onta. ns the sole
and entire agreement between the parties.. It supersedes any
and ;al,l, other agreements between :he parties. The p-arties
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acknowledge and agree that neither, of them has ..made any
a
representation with respeet to the subject matt-r of this
agreement or any representations inducing the execution andTM_
delivery hereof, except such represen.tatiorys as are
specifically set forth herein, and each party acknowledges
5, that she or it has relied on her or its own judgment in
entering into the agreement. The parties further acknowledge
that any statements or representations that may have
heretofore b-aen mate by either of them to the other are void
and of no effect and that neither of thex has relied 'thereon ''
in connection with her or its dealings with the other.
7. KWy,pk,;,. No waiver or n6dif ication of this
agreement or of any !eovenan: , condition, or lira;tation herein
,ontained shall be valid unless in wri*ing and duly exec,-+.ed
by the party to bq charged there,ixi th. Furthermore, no
evidence o," any waiver or modification shall be offered or
rece .vs;d in evidence in any proceeding, arbitration, or
litigation between the parties arising out of or aff;a�,ting
this agreement, or the rights or obligations of any party
herounder, unless such waiver or modification iG in writing,
duly executed as aforesaid. T'Ie provisions of this paragraph
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may Clot be waived excepl� as herein set forth,
C�!�'IULTANT shall comply
with all of the provisions of the Workers' Compensation Insur-
ance and: Safety ActM of the State of California, the applic-
able provisions of Divisions 4 and 5 of the valIU-)rnia Labor
Aft1�7�
Code and all amendments thereto, and all similar st•Fte or federal '$u
acts or laws applicable, and shall indemnify, defend and hold
harmless CITY from and against all claims, demands, payments, � } `
suits, actions, proceedings and Jud:gmonts of every nature axic,
description, inclucing attorney;s fees and costs, presented,
brought or recovered against CITY, for oK: or, account of any
f liability under any of said acts which may be incurred by reason:
of 2ny work to be performed by CO" JLTANT under this agreement.
9. Ixrclemn.2 fi a ,%nr pef�nse._Hel_d, Jess, CONSULTANT
hereby agrees to defend, indemnifu and Fold harmless CITY, its t"w
officer,%, ageuts and employees, from and against any and all
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liability, damages, costs, Losses, olaims and expenses, however
c&used, resulting directly or indirectly fro-4 or connected with
CONSULTAN'T'S performance of this agreement (including, but not
:Limited to such liability, cost, damage, loss, :a aim, or expense
arising from tlbe death or injury to an agent or employee of
CONSULTANT, subcontractor, or of CITY or damage to the property
of CONSULTANT, stibcontraetor. or of CITY or of any agent or
employee ref CONSULTANT, subcontractor, or of CIT") , except where �*
such liability, damages, costs, losses, claims or expenses are
caused solely by the negligent or wr.-ngful a0—,s of CITY or any of
its agents or employees i.naIu�lnS negligent omissions or
' commissions of CITz its agents or employee*, in connection with
the generei, supervision oi' direction of the work to be performed
hereunder,
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(0. indeoen,dert_ CQntLag =- CONSULTANT is, and shall be,
acting a. all times as an independent contractor herein and not
as an employee of CTTy. CONSULTAN. sball secure at her expense
and be responsible for any and all payment of income tax, social
security, state disability insurance compensation, unemployment �It
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compensation and other payroll deductions for CONSULTANT and her
officers, agents, and employees and all business licenses, if
any, in connection with the services to be performed hereunder, ,
IN WITNESS WHEREOF, the parties hereto have executed
this agreement the day, month and year above first written.
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CONSULTANT: CITE: OF HUNTINGTON BEACH
SUSAtt BAERG EPSTEIN, LTD. A municipal corporation
By
u,san Baerg Epst .in Mayor
Sole Director
ATTEST: APPROVED AS TO FORM:
City Clerk ✓ City Attorney
REVIc,„ B$ ND APPROVED- INITTAI , A$D APPR#yVET?w
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City Aaministra'ebr, � Direeto - Community Services "
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EXH113IT "A"
WORK STATEMENT
Consultant is to provide the fallowing:
o raeir the Library's automated ,
:Consultant services for ipg ,g Y
circulation control systen including and not to exceed they
specified number of hours noted:
needs assessment p eparation and evaluation 14 hours �=
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Telephone Consultation 2 hours
Discussion with computer vendor prior to
preparation of Request for guo'"atlon - 4 hours, �
- Evallaation of vendor conference and recom-
mendations �- 4 hours
Review of request for Quotations - 8 hours
�Iontract preparation and negotiation 31 hours
Pr,tce inclines 4 or 5 trips to Huntington Beach.
Consultant's role is primarily advisory in natu- a,
Huntington Beach shall provide all secretarial and photocopy
services, statistical information as .needed., and assistance
in preparation of written reports
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SBE Ltd. $4,375.Q0
RMG Consultants
Information Transform i0,0
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FEEQUESI FOR CITY COUNCIL ACTION
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Date March 22 l9$ r•S'' �.
Submitted to: The Honorable Mayor and Cttj Council
Submitted b/: Charles W. Thompson, City Administra- f
Prepared by; Vincent C. Moorhouse, Director, Cox munit\1S1ery.!<eS
Subject: Agreement with Susan Baerg Epstein for Csuit, cps-_ `
Library Automation Update .
Statement of Issue, Recommendationn,Analysis, Funding Source,Alternative Actions,(attachments:
S"TATE1�iENT OF ISSUE Y .
Funds have been budgeted this year to enlist the services of a consultant
to assist the city library in updating its automation equipment to meet �=
he state of, the art for the next five to ten years
RECOMI iENDA`'ION
Approve the agreement 4ith Susan Brerg Epstein Limited (SBE Ltd. ) for
$4,000 and authorize the Mayor to execute same.
ANALYSIS
The 'city library is currently can-line with a CLSI LIB" 100 automated
circulation ;:y'stem (DEC PDP 11I05 main frame with two DD30 dish drives).
This syztem is eight years old and has overextended its useful life
expectancy as Well as dick capacity. It is necessary to update this
sys`,em to accommodate present and future 1,ibrary cardholders and the
increased circulation of libpary materials.
Hid proposals were sent out for a consultant knowledgeable in the
lihrery computer field to assess the future need* of the library, make
renommendat .ons as to the equipment needed, pr,�:pare a request for quo-
taticns for bidders, on equipment, negotiate with the selected verdir t
and assist with the preparation of the purchase ;and maintenance agree :ry
m.ent,�. This consultant would urork with the City's data processing
mrinager and library staff to achieve those results.
Sus,xn. n- 5 Epstein Limited was the lco 1,idder at $375 aver the $4,000
budgetee for this purpose., Negotiations with Ms. Epstein resulted in
a reduction In the number of hours for the needs assessment so that
the cott'tract would i t exceed the amount budgeted. Library staff will
assist the consultant In order to make this reduction,
Ali background material and bids are available in Community Services.
DING gU CCE
Account 0395390
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REQUEST FOR CITY COUNCIL ACTION March 22, 1983 °
Page Two
Subj :Agreement with. Sur ,i Eaer& Epstein for Consultant Services--
Library Automation. Update
p.�
ALTERNATIVE ACTIONS �
1. Review bids and select another bidder
2 . Reject all bids and rebid the contract; "
Do not hire a consultant and rely on staff recommendations f >r
purchase of equipment. '
t. ATTACMENTS g
1. Aeement ,
2. Summary of bids },
3. Low bid proposal
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4. Request for bid proposal letter
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December 23, 1982 ,
Walter Johnson, Mrary Director
Huntington Beach Public Mrary �
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7111 Talb?rt Avenue
Huntington 8aach, CA
Dear Mr. Johanson.
1 am pleased to respond to your request for consultant services for
upgrading your automated circulation cont-,-)', system.
Assunning that the major part of the research and writing will be done
by library staff end that the consultant's role is primarily advisory
t�
and will not require lengthy written reports, W bid for the projec* is
4375. 1 estimate iat the project Will take 70 hours of consultant
time at a rate of W.50 per hour. The actual use of the 70 hours
is flexible4 but these hours could be divided as follows: k
Needs assessment preparation and evaluation - 20 hours
Telephone consultation - 2 hours
D scussino with computer vendor prior to preparation of R Q 4 hours
Evaluation of vendor conference and reconriendations - 4 h,vrs
Review of KFQ - Q hours
Contract preparation a,rd negotiation - 32 hours
This bid includes the four or five trips to Huntington Beach; there are
no additron4l costs for travel. All serretarial and photocopy services,
as required, Mould be the re3.ponsibility of the Huntington Baec!� Public
Library. .lnvOces would be Sahmitted monthly for the hours actually
spent during the month. Alf of the consmItant work would be done by myself.
S look forward to hearing Proof you and would appreciate tine opportunity
$> to assist the Huotington Se4ch Public Library with its automation needs.
If 1 can provNe a id b'.o»al information, please do, not hesitate to contact. nte,
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CITY OF HUNTINGTON BEACH . .
COMMUNITY SERVICES D4,,A RTMENT
Vincent G.Prloorhouse,Director
iJSft'AAV tHFO MAT1S1N
711,trs.mEaravEwuE
WA ftlgAl.a1 50u EtCS CENT"
December 3, 1982
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The Hvntingtor.$each Library is seeking bids for services from consultants experienced in library
auto i(ition in conjunction wlth an upgrade in its automation system. .:
The library is curvently on-tine with a CLSi LIBS 100 circulction_system (DEC POP 11/05 Main frome
with 2 0030 disk drives). This ,qystem is eight years old and has overextended its useful life
expectancy as wetl a$disk capacity,. We are interested in exploring the most advantageous upgrade
alternative, and the advis=abillty of Public:Access Systems.
gilds should include the fo4owing services;
1. Needs assessment preparation and evaluation.
21. Telephonic-,onsulfation.
3. Discussion with computer vendor prior to preparation of RFQ.
4. Evaluation of vendor conference, and recommendotions.
5. Review of RFQ.
ia. Contract preparation and negotiation.
We antloinate the above consultotior+s will require fo✓r or five trim to Huntington BeQch, Sine e the
library staff consisting of the Technical Services Librarian and the Laepartmental Analyst,will be
responsible for the moJority of rese rch u6d writing,your bid should r*fleet assistance it the abave
areas,in lvdirg the estimated number of hours,cost per hour, and additional expenses,which might be
Incurred,such as travel, lodging,transpor ation,erc.
If you home further questions,pleas: do not hesitate to call me at (714) 960-8835. 144vestions may ,also
be directed d to finer ty Green, TCchnlcal Services Librori ,1 (7114) 842-4481 x25 or earl, Halvorsen,
Deportmes�aol Analyst (714) 66-8838,
PN,,4e rkzPo:id by telephone br.f ridgy,December 11, 1982,with,a written fallow-,up by
December 2:$ 1982.
Silrel��
Vl cent C. N,aaar uxn,Dire for
'n.rt tt See e Depa-tnu„= !
�titer can
l,.,ibr �� lrectvt•
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As soon as a decision is made by the City of Huntington Beach re- -tins '
a consultant contract, I would appreciate being notified so that the
required hours can be saved for either Hunt`gton Beach or another client. {�Sincerely,
Susan Saerg Epstein, President r
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„^�.+s��'Yh1:.YfkCY%€ e�7�� �'>.,tc'� K ..t ..r•Hs.