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1992-209 ORDINANCE NO..~.~ ~ 9 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WESTON CONSULTING, FOR PERSONAL SERVICES RF.r,&TING TO ANNUAL MAINTENANCE OF THE CIS (CUSTOMER SERVICE UTILITY BILLING) 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 aKreement between the City of Denton and Weston Consulting, for perso-~! services relating to the l~s~.te-s~ce of the CIS (Customer Serwce Ut~hty B]ll~.g) Software, under the terms and conchttons cont~]~ed m smd ag~ment, which is attached hereto and made a part hereof. SECTION II. That the City Council hereby authomzed the expenchture of funds m the m~er and smount as specified m the agreement. SECTION III. That this o~l].s, ce sh.ll become effective t ramed]gtely upon its passage and appreval. PASSED AND APPROVED thi~ the day of , 1992 BOIl CASTLEBERRY, MAYO/i~/ / ATTEST: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATT~ORNEY 043 DOC DATE DECEMBER 8, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V. Harrell, City Manager SUBJECT' PC # 31332 -- WESTON CONSULTING RECOMMENDATION. We recommend approval of purchase order #31332 to Weston Consulting in the amount of not to exceed $18,000 00 for annual maintenance of the CIS Software System. SUMMARY: Tlus procurement is for a personal service to provide monthly information, m~untenance and assistance with regard to the utility bllhng 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 288 hours at $62 50 per hour This service has been determined to be a personal service 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 Weston Consulting is made up of a group of former TRES, Inc. employees that participated in the orlgunal software design and are the only individuals with experience,knowledge and quahhcatlons 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 31332, Data Processing Advisory Board Minutes of November 11, 1992 and sample agreement between City of Denton and Weston Consulting PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Information Services, Utlhty B~lhng Division FISCAL IMPACT: 1993 FY Budgeted Funds Account #100-044-0080-8502. CITY COUNCIL REPORT DECEMBER 8, 1992 PAGE 2 OF 2 Lespectfu,lly~ subrmtte~l loyd V Harr~ll City Manager Approved: Name Tom D. Shaw, C.P.M Title Purchasing Agent agenda 214 MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF NOVEMBER 11, 1992 MEMBERS PRESENT Don Edwards, Rosa Lawton, Brian Scott and Jim Kuykendall MEMBERS ABSENT- Robert Mannas OTHERS PRESENT: Gary Collins Don Edwards made a motaon that manutes of the September 1, 1992 Data Processang Advasory Board meetang be approved Br~an Scott seconded the motlon and at passed unanamously Gary Collans explaaned that the maantenance agreement wath Mr Bobby Gray was a contanuatlon 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 dascont~nued provldang support for this software product. Gary Collxns lndicated the ancrease of $3,000 from last year's agreement was due to the Caty's plans to utzlmze Mr Gray's serrates an the amplementataon of an anterface from the EIS system to the Job Costing port~on of the accounting system known as LGFS Gary Collins further explalned that Mr. Gray's services would be utilazed in the implementataon of changes to the EIS system to accommodate the merat pay system assocaated wath the Mercer study Don Edwards made a motaon that the Data Processang Advisory Board recommend the C~ty Councal approve the maantenance agreement wath Mr. Bobby Gray for the EIS system. Rosa Lawton seconded the motion and it passed unanamously. Gary Collins explaaned that the maintenance agreement with Weston Consulting was a contanuation of the technacal support for the Utal~ty Billang system known as CIS. Thas past year D B M~croware changed its name to Weston Consulting but for the past 4 years have been providing technical support to the C~ty of Denton on the CIS system. Gary Colllns explaaned that an mad December, we wall be ~mplementlng a new version of the CIS system that will be a real time on llne system wath the capabllataes of performing random updates rather than sequential processing. Gary Collins ~nd%cated that $6,000 increase from last year's agreement was due to the plans to ut~laze the servaces of Weston Consulting extensively durang the amplementataon phase and to have two members of the farm on sate to resolve any problems that m~ght occur durang the amplementat~on Br~an Scott made a motaon that the Data Processang Advasory Board recommend the Caty Councal approve this maantenance agreement Jam Kuykendall seconded the motaon and the motaon was passed unanimously Gary Collans explained 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 f~ve 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 ~n 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 adjourned AGREEMENT BETWEEN THE CITY OF DENTON AND WESTON CONSULTING 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 Weston Consulting, hereinafter called "Consultant," hereby mutually agree as follows: I. SERVICES TO BE PERFORMED: City hereby retains consultant to perform the herelnafter designated services and Consultant agrees to perform the following services: A. Provldlng information and assistance by telephone or in writing with regard to the software product known as Customer Informatlon System. B. Performlng on-site assistance, training and problem resolution for 2 days each month. C. Furnishing enhancements to the Customer Information System. 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 l~brar~es 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 $93.75 192 $18,000 B. Wlthln 10 days of completion of services and provided for herein and of receipt of invoice. PAGE 1 IV. INDEPENDENT CONTRACTOR: It is 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, soclal 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 deslgnee under this Agreement. V. SOURCE OF FUNDS: All payments to consultant under th~s Agreement are to be paid by the City from funds appropriated by the C~ty Council for such purposes in the Budget of the City of Denton. VI. INSURANCE: Consultant shall provide at ~ts own cost and expense worker's compensation insurance, llabillty insurance, and all other ~nsurance necessary to protect Consultant in the operation of Consultant's bus~ness. 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 ln]ury to property or third persons arlslng from any negligent act or omlssion of Consultant, ~ts officers, agents, employees, invltee, 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 agalnst any and all such claims and demands. VIII. CANCELLATION: City and Consultant each reserve the r~ght to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its lntentlon to cancel this Agreement, provided the Clty pays Consultant for services performed prior to notice of cancellation. IX. TERM OF CONTRACT: This Agreement shall commence on the 10th day of December, 1992, and end upon the completion of the project. EXECUTED thls ~ day of ~ 199~ -- ' PAGE 2 CITY OF DENTON, TEXAS JENNIFER WALTERS, CITY SECRETARY BY' ~ APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCN, CITY ATTORNEY BY. ~ ~ PAGE 3