1992-002AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES
OF MATERIALS OR EQUIPMENT WHICHARE 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 competltlve bids, and
WHEREAS, the city Council w~shes to procure one or more of the
items mentioned in the above paragraph, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the following purchases of materials, equip-
ment or supplies, as described in the "Purchase Orders" attached
hereto, are hereby approved
PURCHASE
VENDOR AMOUNT
21290A EIS Support Services $13,000 00
~ 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 w~th all requirements specified by the Purchasing
Department
~ That the C~ty 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 ~s hereby
authorized
~ That this ordinance shall become effective immedi-
ately upon its passage and approval
PASSED AND APPROVED this the ~day of~, 1992
BOB CASTLEBERRY, MA7 ~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
DEBRA A DRAYOVITCH, CITY ATTORNEY
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 w~th 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 $62 50 per hour
Th~s service has been determined to be a sole source procurement
and exempt from the bid process The EIB Software has been
discontinued by the original designers TRES, Inc as well as the
current owners Control Data Corporation and is considered
obsolete by their standards CDC Ks no longer supporting or
marketing EIB software Bobby Gray dba EIS Support Service is
the only individual with satisfactory experience, knowledge and
qualifications to efficiently maintain and enhance this software
system
The Data Processing Advisory Board recommends approval
BACKGROUND Purchase Order #PC 21290A, Minutes from Data
Processing Advisory Board of December 9, 1991, sample agreement
between City of Denton and Bobby V Gray dba EIS Support
Services
Page 2 of 2
City Council Report
January 7, 1992
PROGRAMS~ DEPARTMENT OR GROUPS AFFECTED Information Services,
Payroll and Personnel Divisions
FISCAL IMPACT 1992 Budget Funds for maintenance of software
account #100-044-0080-8502
Respect~lly submitted
hloyd(,rg Harrell~
City Manager
Name Tom D Shaw, C P M
Title Purchasing Agent
TS/Jh
213 DOC
MINUTES OF
DATA PROCESsING ADVI$OR¥ BOAP/)
MEETING OF DECEMBER 09,1991
MBMBERS pReSENT J~m Kuykendall, Bob Minn~S,
Don Edwards and Cengis Capan
MEMBERS ABSENT Brian Scott
OTHERS PRESENT Gary Collins
Don Edwards made a motion the minutes from the September 10, 1991
meetmng be approved Bob Minnis seconded the motion and mt passed
unanimously
Gary Collins explained how in the past years we had a software
maintenance contract with Control Data Corporation for our utilxty
Billing system at a cost of $$0,000 and were not receiving any new
releases or adec~ate support for the last couple of years we have
been using D B Microware as a consultant on our Utilxty Bmlling
system and have spent about $12,000 per year with D B Microware
Thcs personal servmoes Contract would cover our needs for a
consultant on the Utillty Billing system for this F~scal year don
Edwards made a motion the board recommend to the City Council the
City enter into a personal service contract with D B Microware for
Consultant and support services on our utility B~lling system Jam
Kuykendall seconded the motion and it passed unanimously
Gary Collins explained that the same situation arose with our
payroll/Personnel system and that our old software mamntenance
contract costs us $27,000 per year for the last couple o5 years
we have been using Bobby Gray as a consultant on the
Payroll/Personnel system at a cost of $12,000 per year Gary
Collins stated that th~s year we know of a specific enhancement xs
needed £or the Payroll/Personnel system and we are asking that this
personal service contract be increased to $13,000 to meet 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 consultlng and support services on our payroll/Personnel
system Bob Minnis seconded the motion and it passed unanxmously
Gary Collmns explained that the software maantenanoe contract with
Computer Associates covered such atems as the Sort, Tape Managerr
Job Costing and Print Routing software Jim Kuykendall stated that
this software was like the system software from IBM and was
essentxal to continue operating Gary Collins agreed that this is
an essential part of the operating system Bob M~nnis made a
motion that the board recommend to the City council that the City
oontmnue this software maintenance agreement with Computer
Associates Don Edwards seconded ~he motion and it passed
unanimously
Gary Collins reviewed with the board the bidding process the City
had gone through lest year and how I~M had been awarded s 5 year
maintenance contract for all of the IBM PCs Gary Collins
explained the second year of =his maintenance contract was due and
that we would be adding PCs and/or deleting PCs as the various
departments washed Don Edwards ask what were the maintenance
costs Gray Collins stated =ha= last year's cost was $21,000 for
85 PCs ~nd the cost varied by PC from s iow of $125 per year to a
high of $525 per year based upon the age and type o£ PC Don
Edwards ask if it would not be more economical to replace the older
PCs than =o continue paying maintenance 9ary 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 t~e City Council that the City renew the second year
of the PC maintenance contract with IBM adding and/or deletang the
appropriate n~mber of PCs Cengis Capan seconded the motiona~d ~t
passes unanimously
There being no other business the meeting was adjourned.
A~P~MENT BETWEEN T~E
CITY OF DENTON AND
BOBBY V, ~RAY
The City of Denton, Texas, a Municipal Home Rule City situated in
Denton County, Texas, hereinafter called "City," acting herein by
and through its Clty M~lagar, and Bobby V Gray, hereinafter called
"Consultant," hereby mutually agree as follows
I SERVICES TO BEPERFO~D 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, 8 00 a m to 5 00 p m central
ti~e, excluding holidays
E Avall&bllity 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 SC.,H~DULE OF SERVICES
Services will be provided beginning December 1991
through September 1992 on an on-c&ll as-needed
III COMPENSATION TO BEPAZD CONT~ACTOR City agrees to pay
Consultant for the services performed hereunder as
follows
A Consulted Rate Estimated Hours Fees/Hx?enses
$62 50 208 $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 en~loyee of the City of Denton,
Texas, for the purposes of income tax, withholding,
social security ta~es, 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 designeeunder this
agreement
v SOUl, CE 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
VI 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 IND~IFIC~TION 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 propez~y 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, in the
course of the performance of this agreement, and
Consulter will, at its cost and expense, defend and
protect the City of Denton against any and all such
claims end demands
VIII ~ City and Consultant each reserve the
right to canoe1 thisAgreement at any time by giving the
other pa~cy 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 This Agreement shall commence on the
8th day of ~, 1992, and end upon the
oo~letion of the project
EXBC~TBE) this ~ day o~ ~, 1992
CITY OF DENTON, TEXA~
ATTEST
JENNIF~ WALTEr, CITY SECI~ETARY
APPP. OVED A8 TO L~ FO~M
DmB~ A D~AYOVITC~, CITY ATTORNEY