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1992-003 ORDINANCE NO ~ 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 ~ VENDOR AMOUNT 21292 D B Mlcroware $12,000 00 ~ That the acceptance and approval of the above ~tems 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 ~ 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 S_~ That this ordinance shall become effective immedi- ately upon 1ts passage and approval this the r~- day of ~, 1992 PASSED AND APPROVED BOB CASTLEBERRY, MAYO~ ~ / ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVE~ AS TO'LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY DATE January 7, 1992 CITY COUNCIL REPORT TO Mayor and Members of the C~ty 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 $12,000 00 for annual maintenance of the CIS Software System SUMMARY This procurement is for a sole source servlce to provide monthly information, maintenance and assistance w~th regard to the utility billing software product known as CIS (Customer Information System) Included an th~s consulting service are 2 days per month on-sate assistance, training and problem resolution Services are to be provided on an as needed basis for an estimated 192 hours at 62 50 per hour Th~s service has been determined to be a sole source procurement and exempt from the bid process The CIS Software has been d~scontinued by the original designers, TRES, Inc as well as the current owners Control Data Corporation CDC is no longer supporting or marketing CIS Software D B Microware is made up of a group of former TRES, Inc employees that participated in the original software design and are the only individuals with experience, knowledge and qualifications to eff~ciently maintain this software system The price is less than 1/2 of that charged by CDC prior to them discontinuing the support service on CIS Software Data Processing Advisory Board recommends approval BACKGROUND Purchase Order # PC 21292, Data Processing Advisory Board Minutes of December 9, 1991 and sample agreement between City of Denton and D B Mlcroware Inc PROGRAM$~ DEPARTMENT OR GROUPS AFFECTED Informatlon Services, Utility Billing Division FISCAL IMPACT 1992 FY Budgeted Funds Account 9100-044-0080-8502 CITY COUNCIL REPORT JANUARY 7, 1992 PAGE 2 OF 2 Respec~lly submitted City~{anager epared by Name Tom D Shaw Title Purchasing Agent TS/Jh 214 DOC O0 0 ~ MINUTES OF DATA PROCESsING ADVISOR¥ BOARD ~ETING OF DECEMBER 09,1991 F~MBERS pReSENT J~m Kuykendall, Bob Minn=s~ Don Edwards and Ceng~s capan MEMBERS A~S~NT Br~an Sco~t OTHERS pReSENT Gary Collins Don Edwards made a motion the minutes from the September 10, 1991 meet=hr be approved Bob Minnie seconded the motion and it passed unanimously llins explained how in the past years we had a software Ga~y. Go -- -~aot th Control Data Corporation for our utility maln~enanc~ ~ ....... Billing system at a cost o~ $30,000 and were not receiving any new releases or adequate support for the last couple o~ years we have been ua=ng D B Mioroware as a consultant on our Utility B=lling system and have spent about $12,000 per year with D B Microware Th=s 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 ~nto a personal se=vice contract with D B Microware consultant a~d support se~ioes o~ our Utility B~lling system Jim Kuykendall seconded ~he motion and i= passed unanimously Gary Collins explained that the same si~uation arose with our payroll/Personnel system and that our old software ~intenance con=tact costs us $27,000 per year ~or =he last couple o~ years we have been using Bobby Gray ae a oonsultan~ on the payroll/Personnel system at a cost of $12,000 per year Gary Collins stated ~hat this year we ~now of a specific needed ~o= the payroll/Person~el system and we are asking that this personal service contract be i~creased to $13,000 to meet our needs for consulting and support work ~or this fiscal year Don Edwards made the motion that the board reco~end to =he City Council that n and sm or= semites on our payroll/Personnel fo= cons~lti_~ ..... ~PJ-~ the motiO~ and it passed unanimously ~stem Bob ~lnn~a Gary collins explained thm~ the software maantenanoe contract with Computer Associates covered such items as the Sort, Tape Manager, Job Cost~ng and Print Routing software Jim Kuykendmll stated that this software was like the system software from IBM and was essentaal to continue operating Gary collins agreed an essen~ial par= of ~he operating system Bob Minnis ma~e a motion that the board reco~end %o the City Council ~hat the City continue this software m~intenance agreement with Computer AsSociateS Don Edwards seconded the motion an~ it passed unmnimousl~ ~ary 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 =his mamntenance contract was due and that we would be adding PCs and/or deleting PCs as the various departments wmshed Con Edwards ask what were the maintenance costs Gray Collins stated =hat 1act year's cost was $21,000 for 85 PCs a~d 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 ~ary Collins explained in some cases the difference in maintenance costs would pay for a new PC in a 3 to 4 year tame frame but that in the past budget process only one PC was approved in the ~eneral fund and =hat PC was in Customer Service where all of the Customer Service funding comes from the Utilmty fund Don Edwards made a motion that the board recommend to the City Council that the C~ty renew the second year of the PC maintenance contract with IBM adding and/or deletang the appropriate number of PCs Cengis Capan seconded the motion and it passes unanimously There being no other business the meeting was adjourned A~It~NT BETWEEN CZTY OF DENTON AND D B KZCROWARE, ZNC~ The City of Denton, Texas, a Munioipal Rome Rule City situated in Denton County, Texas, hereinafter called "City," acting herein by and through its City Manager, and D B Microware, Inc , hereinafter called ,,Consultant," hereby mutually agree as follows Consultant agrees to perform the £ollowing 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 the Customer information System D Telephone assistance will be available Monday through Friday, 8 00 a m to 5 00 p m central time, excluding holidays Avail~bility of City Resources City will make available to Consultant the following I Use of a terminal for access program l~braries and £iles to allow problem resolution and im~lementation of enhancements SCHEDULE OF SERVICES Services will he provided beginning December 1991 through September 1992 on an on-call as-needed basis III O0~P~=~ION TO BE PAID CONTRACTOR City agrees to pay Consultant for the services performed hereunder as follows Estimated $62 50 192 $12,000 B Within 10 days of completion of services and provided for herein and of receipt of invoice IV IN~gZNDINT CONTRACTOR It is mutually understood and agreed by the between City and Consultant that Consultant is ~ 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 ~ lttl payments to consultant under this A~reement 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 ~ Consultant shall provide et its own cost and expense workers' compensation insurance, liability insurance, end all other insurance necessary to protect Consultant in the operation of Consultant's business VII ~ Consultant shall end does hereby agree to indemnify and hold harmless the City of Denton from any and all da~&ges, 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, invites, 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 end all such claims end demands VIII ~ City and Consultant each reserve the right to canoe1 this Agreement at any time by giving the other party four2een (14) clays written notice of its intention to cancel this Agreement, provided the City pays Consultant for services performed prior to notice of cancellation IX T F This Agreement shall commence on the 8th day of ~, 1992, and end upon the completion of the project CITY OF DENTON, TEXAS ATT~.ST JENNIFER WALTW-P~, CITY SECRETARY APPROVED A~ TO LE(~tL FORM DEB~A A D~YOVITCH, CITY ATTORNEY