1992-208 ORDINANCE NO. ¢~1'~''' J~,~
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGRE]~IE~NT WITH
BOBBY V. GRAY d.b.a. EIS SUPPORT SERVICES~ FOR PERSONAL SERVICES
RELATING TO ANNUAL MAINTENANCE OF THE EIS (PAYROLL) SOFTWARE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING THE
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor m authomzed to execute an agreement
between the City of Denton and Bobby V. Gl~y d.b a. EIS Support Serwces, for
personRI selwices Pelatlng to the ElS (Payroll) Software l~lnlntenance, under the
terms and conditions contmned m smd agreement, which m attached hereto and m~de
a part hereof.
SECTION II. That the City Counml hereby autho~uzed the expenditure
of funds m the mA,her and amount as spemfzed m the agl~ement.
SECTION III. That thru ord~nRnce SbRll become effecUve immediately upon
zts passage and approval.
PASSED AND APPROVED thru the ~ day of ~ ,
1992
ATTEST:
ER fALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ~TORNEY
044 DOC
DATE DECEMBER 9, 1992
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT' PC # 31331 -- EIS SUPPORT SERVICES
(BOBBY V GRAY)
RECOMMENDATION. We recommend Purchase Order #31331 to EIS Support Services
In the amount of not to exceed $16,000.00 for annual maintenance of the EIS Software
System
SUMMARY: This procurement is for personal service to provide monthly information,
maintenance and assistance with regard to the payroll/personnel reformation 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 256 hours at $62 50 per hour
Tb_~s service has been determined to be a personnel service procurement and exempt
from the bid process. The EIS Software has been discontinued by the original
designers TRES, Inc as wail 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 tins software system
The Data Processing Advisory Board recommends approval
BACKGROUND: Purchase Order PC#31331, Minutes from Data Processing Advisory
Board of November 11, 1992, sample agreement between City of Denton and Bobby
V Gray dba EIS Support Services
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Information Services, Payroll
and Personnel D1vlaions.
FISCAL IMPACT: 1993 Budget Funds for maintenance of software account #100-044-
0080-8502
pectfully subnntted
- ~ Lloyd V. Harrel~
City Manager
Name TomD Shaw, C P M.
Title. Purchasing Agent
agenda 213
MINUTES OF
DATA PROCESSING ADVISORY BOARD
MEETING OF NOVEMBER 11f 1992
MEMBERS PRESENT' Don Edwards, Rosa Lawton, Braan Scott
and Jim Kuykendall
MEMBERS ABSENT: Robert Minn~s
OTHERS PRESENT: Gary Collans
Don Edwards made a motion that mlnutes of the September 1, 1992
Data Processing Advisory Board meetang be approved Brian Scott
seconded the motaon and it passed unanimously
Gary Collins explained that the maantenance agreement with Mr.
Bobby Gray was a contanuation of technacal support for the payroll
personnel system known as EIS. The Caty of Denton has utilazed the
services of Mr. Bobby Gray for the last 4 years sance the Control
Data Corporation dascontlnued provadlng support For thas software
product. Gary Collins indicated the increase of $3,000 from last
year's agreement was due to the City's plans to utalaze Mr Gray's
servaces in the amplementataon of an anterface from the EIS system
to the Job Costing portion of the accountang system known as LGFS.
Gary Collins further explained that Mr Gray's servaces would be
utilazed an the ~mplementat~on of changes to the EIS system to
accommodate the merit pay system associated with the Mercer study.
Don Edwards made a motion that the Data Processing Advisory Board
recommend the Caty Council approve the maantenan.~e agreement w~th
Mr. Bobby Gray for the EIS system. Rosa Lawton seconded the motaon
and at passed unanimously.
Gary COllins explaaned that the maintenance agreement wath Weston
Consulting was a continuation of the technical support for the
Utility Billing system known as CIS This past year D B Macroware
changed its name to Weston Consulting but for the past 4 years have
been providing technical support to the City of Denton on the CIS
system. Gary Collins explaaned that an mad December, we wall be
amplementlng a new versaon of the CIS system that will be a real
tame on line system wath the capabalataes of performing random
updates rather than sequentlal processang. Gary Collans andacated
that $6,000 increase from last year's agreement was due to the
plans to utilize the servaces of Weston Consulting extensively
durang the implementataon phase and to have two members of the farm
on sate to resolve any problems that might occur during the
amplementataon. Braan Scott made a motaon that the Data Processing
Advisory Board recommend the Caty Councal approve th~s maantenance
agreement. Jam Kuykendall seconded the motaon and the motion was
passed unanamously
Gary Collins explalned that the maantenance agreement for the year
on the Xerox laser printer was now due and that the price of
maintenance on the Xerox laser printer for the five years of the
lease purchase had been established and agreed to when the C~ty of
Denton entered into the Lease Purchase agreement with Xerox in
February of 1992. Don Edwards made a motion that the Data
Processing Advisory Board recommend the C~ty Council approve the
maintenance agreement on the Xerox 4050 laser printer Brian Scott
seconded the motion and the motion passed unanimously.
There being no further new bus~ness the meeting was ad3ourned
AAA01162
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
Customer 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, 8:00 a.m. to 5:00 p.m., central t~me, excluding
holidays.
E. Availability of City Resources: city will make available
to Consultant the following:
Use of a terminal for access program libraries and files
to allow problem resolution and implementation of
enhancements.
II. SCHEDULE OF SERVICES:
Services will be provided beginning December 1992 through
September 1993 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:
Estimated
A. Consulted Rate Estimated Hours Fees/Expenses
$76.92 208 $16,000
B. Within 10 days of completion of services and provided
for here~n and of receipt of invoice
PAGE 1
IV. ~NDEPENDENT CONTRACTOR: It ls mutually understood and
agreed by and 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
bls 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 an the Budget of the
city of Denton.
VI INSURANCE: Consultant shall provide at its own cost and
expense worker's compensation insurance, liability
insurance, and all other insurance necessary to protect
Consultant In the operation of Consultant's bus,ness.
VII. ~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, invltee, and other persons for whom ~t 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. ~: Clty and Consultant each reserve the right to
cancel thls 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 cancellatlon.
IX. O CO T C : This Agreement shall commence on the 10th
day of December, 1992, and end upon the completion of the
project.
EXECUTED this ~ day of ~4~~-~ ,
199~--
PAGE 2
CITY OF DENTON, TEXAS
BY: ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY' ~
APPROVED AS TO LEGAL FORM
DEBRA A. DRAYOVITCH, CITY ATTORNEY
CONSULTANT
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