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HomeMy WebLinkAbout1992-003ORDINANCE NO a� --0D3 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PUR- CHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EF- FECTIVE DATE WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items that are only available from one source, including items that are only available from one source because of patents, copyrights, secret processes or natural monopolies, films, manuscripts or books, electricity, gas, water and other utility purchases, captive replacement parts or components for equipment, and library materials for a public library that are available only from the persons holding exclusive distribution rights to the ma- terials, need not be submitted to competitive bids, and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchases of materials, equip- ment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved PURCHASE ORDER NUMBER VENDO AMOUNT 21292 D B Microware $12,000 00 SECSTION II That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department SECTION III That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized SECTION IV That this ordinance shall become effective immedi- ately upon its passage and approval PASSED AND APPROVED this the day of ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVE AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY 1992 DATE January 7, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT PC #21292 -- D B MICROWARE RECOMMENDATION We recommend approval of purchase order #21292 to D B Microware in the amount of not to exceed $12,000 00 for annual maintenance of the CIS Software System SUMMARY This procurement is for a sole source service to provide monthly information, maintenance and assistance with regard to the utility billing software product known as CIS (Customer Information System) Included in this consulting service are 2 days per month on -site assistance, training and problem resolution Services are to be provided on an as needed basis for an estimated 192 hours at 62 50 per hour This service has been determined to be a sole source procurement and exempt from the bid process The CIS Software has been discontinued by the original designers, TRES, Inc as well as the current owners Control Data Corporation CDC is no longer supporting or marketing CIS Software D B Microware is made up of a group of former TRES, Inc employees that participated in the original software design and are the only individuals with experience, knowledge and qualifications to efficiently maintain this software system The price is less than 1/2 of that charged by CDC prior to them discontinuing the support service on CIS Software Data Processing Advisory Board recommends approval BACKGROUND Purchase Order # PC 21292, Data Processing Advisory Board Minutes of December 9, 1991 and sample agreement between City of Denton and D B Microware Inc Information Services, v FISCAL IMPACT 1992 FY Budgeted Funds Account #100-044-0080-8502 CITY COUNCIL REPORT JANUARY 7, 1992 PAGE 2 OF 2 Respect lly submitted ?d -/� // 9�Za� arrel City&Aanager Prepared Name Tom D Shaw Title Purchasing Agent TS/jh 214 DOC 2 � a � ■ 2 -Q9 © ■.n k� 2 ;K), � ■ M § \ » CD � ■ ■ § � � 0 2I00 om © _- a pp 100 kk k co >e §§§ ¥ ) cn $ _ § ,me z§� § oAtmo �Vt a o 14-■ §� : fig; [ mr j ) 2 §� k\ � �@ ® \\ co ( �§ §� §\ ( d ( \\ cn k \\ g Mh)i§ ) 7/fXX _.O444 z 4404 /-0/ 2« k �k MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF DECEMBER 09,1991 MEMBERS PRESENT Don Edwards aand Cengll Bob MsnCapan MEMBERS ABSENT Brian Scott OTHERS PRESENT Gary Collins Don Edwards romo minutes September meeting bapproved Bob Minnis seconded the motion d it passed unanimously Gary Collins explained how in the past years we had a software maintenance contract with Control Data Corporation for our Utility Billing system at a cost of $30,000 and were not receiving any new or the last couple of years we have releases or adequate support f been using D B Microware as a consultant on our Utility Bolling system and have spent about $12,000 per year with D B Microware This personal services contract would cover our needs for a consultant on the Utility Billing system for this Fiscal year don Edwards made a motion the board recommend to the City Council the City enter into a personal service for ice contract with D B M n our consultant and Kuykendall seconded support the motion and it passed unanimously with Jim Gary Collins explained that the same situation arose with our Payroll/Personnel system and that our old software maintenance contract costs us $27,000 per y G afoosr thae last consultant of years we have been using Bobby y the Payroll/Personnel system at a cost of $12,000 per year Gary Collins stated that this year we know of a specific enhancement is needed for the Payroll/Personnel system and we are asking that this personal service contract be increased to $13,000 to meet our needs for consulting and support work for this fiscal year Don Edwards the board made the motion that recommend to the City Council that the City enter into a personal services contract with Bobby Gray for consulting and support services on our Payroll/Personnel system Bob Minnis seconded the motion and it passed unanimously Gary Collins explained that the software maintenance contract with Computer Associates covered such items as the Sort, Tape Manager, Job Costing and Print Routing software Jim Kuykendall stated that as this software was like the system r so twar agreed that thisf rom IBM and is essential to continue operating X an essential part of the operating system Bob Minnie made a motion that the board recommend to the City Council that the City continue this software maintenance agreement with Computer Associates Don Edwards seconded the motion and it passed unanimously Gary Collins reviewed with the board the bidding process the City had gone through last year and how IBM had been awarded a 5 year maintenance contract for all of the IBM PCs Gary Collins explained the second year of this maintenance contract was due and that we would be adding PCs and/or deleting PCs as the various departments wished Don Edwards ask what were the maintenance costs Gray Collins stated that last year's cost was $21,000 for 85 PCs and the cost varied by PC from a low of $125 per year to a high of $525 per year based upon the age and type of PC Don Edwards ask if it would not be more economical to replace the older PCs than to continue paying maintenance Gary Collins explained in some cases the difference in maintenance costs would pay for a new PC in a 9 to 4 year time frame but that in the past budget process only one PC was approved in the General fund and that PC was in Customer service where all of the Customer Service funding comes from the Utility fund Don Edwards made a motion that the board recommend to the City Council that the City renew the second year of the PC maintenance contract with IBM adding and/or deleting the appropriate number of PCs Cengis Capan seconded the motion and it passes unanimously There being no other business the meeting was adjourned AGREEMENT BETWEEN THE CITY OF DENTON AND The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City," acting herein by and through its City Manager, mutually agree hereinafter called "Consultant, Yutually agreeas I SERV*CAS TO BE PERFORMED City hereby retains consultant to perform the hereinafter designated services and Consultant agrees to perform the following services istance by lephone A oroinding writing with regard toation and the ® the software known as Customer Information System 8 Performing on -site assistance, training and problem resolution for 2 days each month C Furnishing enhancements to the Customer Information System D Telephone assistance 00 aiml t e 5a00ip mle central through Friday, time, excluding holidays E Availability of City Resources City will make available to Consultant the following 1 Use of a terminal for access program lybrarses and files to allow problem resolution and implementation of enhancements II SCHEDULE OF SERVICES A through will be September provided1992beginning on aon call December basis III COMPENSATION TO BE PAID CONTRACTOR City agrees to pay Consultant for the services performed hereunder as follows $62 80 192 $12,000 B Within 10 days of completion of services and provided for herein and of receipt of invoice IV INDEPENDENT CONTRACTOR It is mutually understood and agreed by the between City and Consultant that Consultant is an independent Consultant and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other city employee benefit Consultant shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement V SOURCE OS FUNDS All payments to consultant under this Agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton VI INSURANCE Consultant shall provide at its own cost and expense workers' compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business VII INDEMNIFICATION Consultant shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons arising from any negligent act or omission of Consultant, its officers, agents, employees, invitee, and other persons for whom it is legally liable, an the course of the performance of this agreement, and Consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands VIIl CANCELLATION City and Consultant each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel this Agreement, provided the City pays Consultant for services performed prior to notice of cancellation IX TERM OF CONTRACT This Agreement shall commence on the 8th day of January , 1992, and end upon the completion of the project EXECUTED this day of , 1992 CITY OF DENTON, TEXAS BY ATTEST JENNISER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCB, CITY ATTORNEY LLJ-A BY r