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