Loading...
HomeMy WebLinkAbout1992-002ORDINANCE NO a 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 YNDO AMOUNT 21290A EIS Support Services $13,000 00 SECTION 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 I day of CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY BY L kdtm - APPROV AS tTLEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY 1992 DATE January 7, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT PURCHASE ORDER #21290A - EIS SUPPORT SERVICES (BOBBY V GRAY) RECOMMENDATION We recommend Purchase Order 21290A to EIS Support Services in the amount of not to exceed $13,000 00 for annual maintenance of the EIS Software System SUMMARY This procurement is for a sole source service to provide monthly information, maintenance and assistance with regard to the payroll/personnel information system product known as EIS (Employee Information Service) Included in this consulting service are 2 days per month on -site assistance, training, problem resolution and enhancement of the software Services are to be provided on an as needed basis for an estimated 208 hours at $62 50 per hour This service has been determined to be a sole source procurement and exempt from the bid process The EIS Software has been discontinued by the original designers TRES, Inc as well as the current owners Control Data Corporation and is considered obsolete by their standards CDC is no longer supporting or marketing EIS software Bobby Gray dba EIS Support Service is the only individual with satisfactory experience, knowledge and qualifications to efficiently maintain and enhance this software system The Data Processing Advisory Board recommends approval BACKGROUND Purchase Order #PC 21290A, Minutes from Data Processing Advisory Board of December 9, 1991, sample agreement between City of Denton and Bobby V Gray dba EIS Support Services Page 2 of 2 City Council Report January 7, 1992 PROGRAMS, DEPARTMENT OR GROUPS AFFECTED Information Services, Payroll and Personnel Divisions FISCAL IMPACT 1992 Budget Funds for maintenance of software account #100-044-0080-8502 Respect lly submitted 1/w / Lloyd&V Harrell City Manager Name Tom D Shaw, C P M Title Purchasing Agent TS/jh 213 DOC a , : � ■ ; \w ; ;2. 0 m \ s N m 0 / ; � & om -4w o ; qS rp )� ) kk ( kk k §§) < cn ( 0 q enc 10 §m B #g® .4s; §2■ Omni ( < \ � !( §� � 2\ � k\ ) �§ )\ @ § § §} k -2 m f (; ® *t mi �\ oW_n rtl . z o°oon §_ :�■; uma ) /-cle/ ( `[ \ MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF DECEMBER 09,1991 MENIDERS PRESENT Jim Don Edwards aand Cengll Bob Msncapan MEMBERS ABSENT Brian Scott OTHERS PRESENT Gary Collins Don Edwards made a motion tete oeanO meeting be approvedBobb Minnie seconddhmotndItpassed 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 releases or adequate support for the last couple of years we have been using D B Microware as a consultant on our Utility Billing 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 contract with D 8 Microware for consultant and support services on our Utility unanimously system Jim Kuykendall seconded the motion and it p Gary Collins explained that the same situation arose with our Payroll/Personnel system and that our old software maintenance contract costs us $27400 per year for the last couple of years usingwe have been the Payroll/Personnelsystem oat ya coati of Gray s $12,OOOn per year ant on Gary Collins stated that this year we know of a specific enhancement ss needed for the Payroll/Personnel system and we are asking that this personal service contract be increased to $13,000 to most our needs for consulting and support work for this fiscal year Don Edwards made the motion that the board recommend to the City Council that the City enter into a personal services contract with Bobby Gray for system consulting Payroll/Personnel 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 this software was like the system r software agreed that this wis essential to continue operating Y an essential part of the operating system Bob Minnis 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 ISM 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 dray 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 3 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 BOBBY V. GRAY 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, and Bobby V Gray, hereinafter called "Consultant," hereby mutually agree as follows I SERVICES TO BE PERFORMED City hereby retains consultant to perform the hereinafter designated services and Consultant agrees to perform the following services A Providing information and assistance by telephone or in writing with regard to the software product known as Employee Information System B Performing on -site assistance, training and problem resolution for 2 days each month C Furnishing enhancements to insure compliance with Federal and state tax reporting for employees D Telephone assistance will be available Monday through Friday, S 00 a m to 5 00 p m central time, excluding holidays E Availability of City Resources City will make available to Consultant the following 1 Use of a terminal for access program libraries and files to allow problem resolution and implementation of enhancements II SCHEDULE OF SERVICES A Services will be provided beginning December 1991 through September 1992 on an on -call as -needed basis III COMPENSATION TO BE PAID CONTRACTOR City agrees to pay Consultant for the services performed hereunder as follows $62 80 208 $13,000 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 OF 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 V1 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 I IT FIC TA ION 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, in 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 VIII 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 TERN OF CONTRACT This Agreement shall commence on the Sth day of January , 1992, and end upon the completion of the project EXECUTED this day of ATTEST JENNIFER ►PALTERS, CITY SECRETARY BY Q� 1992 CITY OF DENTON, TEXAS F?'4 APPROVED AS TO LzGAL SORm DEHRA A DRAYOVITCH, CITY ATTORNEY By ON ULTAN