2002-233AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A PERSONAL SERVICES AGREEMENT ON BEHALF OF THE CITY
OF DENTON AND CATHERINE A. TROXLER TO PROVIDE CONSULTING
SERVICES AND SYSTEM ASSISTANCE 1N THE FINANCIAL/HUMAN
RESOURCES SOFTWARE KNOWN AS JD EDWARDS; AND PROVIDING AN
EFFECTIVE DATE (PERSONAL SERVICES AGREEMENT WITH CATHERINE A.
TROXLER IN THE AMOUNT OF $50,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City manager, or his designee, is hereby authorized to execute
an Agreement for Personal Services with Catherine A. Troxler for consulting services
and system assistance in the Financial/Human Resources sof'~ware known as JD Edwards,
a copy of which Agreement is attached hereto and incorporated herein.
SECTION 2. The expenditure of funds as provided in the attached Agree~nent is
hereby authorized.
SECTION 3.
passage and approval.
This ordinance shall become effective immediately upon its
EULINE BROCK, MAYOR
,2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Personal Scrvic~ Agrcem)~c ~ YmxlJ
STATE OF TEXAS
COUNTY OF DENTON §
CONTRACTFORSERVICES
THIS AGREEMENT is made and entered into as of the 15th day of July through the 30th day of
September, 2002, by and between the City of Denton, Texas, Denton County, Texas 76201, and
CATHERINE A. TROXLER, hereinafter called "CONSULTANT", acting herein, by and
through their duty authorized representatives.
WHEREAS, the City of Denton wishes to provide the following services:
· Applicant and Requisition Train/ng for Human Resources
· Set up supplemental data fimction in Human Resources Module
· Custom programming for longevity overtime issue
· Write position control report for actual head count and actual full time employee (FTE)
comparison for Budget Department
· Workflow programming for additional business units and funds, and adjustments to
approvers and approval levels
· Create an external call to SQL to provide complex data configuration for future JD
Edwards reports in all modules
· Write reports for Human Resoumes
1. Applicant information breakdown per requisition
2. Diversity report by race and gender, by department, by job family
3. Average age by gender, by home business unit, by job family
4. Average pay report by age group
5. Average service years by job family
6. Marital Status by pay plan
· New service pack and Update 6 testing
· Troubleshooting JD Edwards issues as required (50% of time)
· Work with Tech Services to keep all JD Edwards environments in sync
to its citizens at The Office of the Finance Director.
II.
WHEREAS, Catherine A. Troxler .(hereinafter referred to as "Contractor") is specially skilled
and qualified to provide these services and desires to provide same under the terms and
conditions set forth below.
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III.
WHEREAS, City hereby contracts with Contractor to provide consulting to
· Applicant and Requisition Training for Human Resources
· Set up supplemental data function in Human Resoumes Module
· Custom programming for longevity overtime issue
· Write position control report for actual head count and actual full time employee (FTE)
comparison for Budget Department
· Workflow programming for additional business units and funds, and adjustments to
approvers and approval levels
· Create an external call to SQL to provide complex data configuration for future JD
Edwards reports in all modules
· Write reports for Human Resources
7. Applicant information breakdown per requisition
8. Diversity report by race and gender, by department, by job family
9. Average age by gender, by home business unit, by job family
10. Average pay report by age group
11. Average service years by job family
12. Marital Status by pay plan
· New service pack and Update 6 testing
· Troubleshooting JD Edwards issues as required (50% of time)
· Work with Tech Services to keep all JD Edwards envirmunents in sync
(see Attachment A of this document) for its citizens and any others qualified to receive these
services, the City of Denton hereby contracts with the Contractor to provide approved Consulting
and Related Activities of the Finance Office.
IV.
The parties have conducted negotiations and as a result of these negotiations agree that $100 per
hour plus reimbursable expenses not to exceed $50,000 is a just and reasonable fee for the
performance or the services, which are the subject of this contract. (See Attachment B to this
document). The fee is to be paid to contractor as follows:
Contractor and City acknowledge and agree that Catherine A. Troxler is and shall be deemed to
be an independent contractor for the services she provides under this Contract. Further, because
Catherine A. Troxler is an independent contractor, the parties agree:
The City will make no withholding for taxes of any type from the fee agreed upon in
Article IV. All taxes, including, but not limited to Social Security, unemployment, FICA
or other monies owned to any State, Local or Federal governmental entity, including
applicable penalties and interest, are to be paid by Contractor and are solely the liability of
same. In the event a claim is made against City for payment of taxes, penalties or interest
for or on behalf of Contractor, Contractor agrees to indemnify and hold harmless City of
such damages, including costs and expenses.
City will not provide worker's compensation for Contractor for services performed
pursuant to this Contract.
This is a non-exclusive contract. Contractor is tSee to advertise and provide his/her
services to persons or entities other than the City. Further, City may use other contractors
or its own employees to conduct the same services as Contractor.
Any insurance the City may have for its facility described above is solely for the benefit of
the City. The City shall not be liable for injuries to property or persons (includ'mg death),
which are the result of the activities of the Contractor. Contractor agrees he/she shall be
liable for injuries to himself]herself or others caused by his/her own neghgence, omissions,
malfeasance, or intentional conduct. When applicable, for the services provided, contractor
shall provide insurance for the activity as provided in the policies of the contract instructors
program.
This Contract can be terminated by the City, at any time with notice to Contractor. In the event
City terminates the Contract without the fault of Contractor, Contractor shall be entitled to
his/her fuI1 fee unless fee is pro-rated.
In the event of default of Contractor for any term or provision of this Contract, the City upon
notice to the Contractor of such default, may tern/mate this Contract without further obligations
or liability. In the event of termination for cause, the Contractor shall only receive payment,
based upon a pro-rate basis, less any damages incurred by the City for the default.
VIII.
The Contractor shall at all times exercise reasonable precautions for the safety of participants and
others on or near the City's facility and shall comply with all applicable provisions of Federal,
State, and Municipal safety laws.
The Contractor shall at all times observe and comply with all Federal, State and local laws,
ordinances and regulations, which in any matter affect the Contractor or the work, and shall
indemnify, defend and save harmless the City against any claim arising for the violation of any
such laws, ordinances and regulations whether by the Contractors or its employees.
Contractor shall provide, at his or her own cost and expense, workers' compensation insurance,
liability insurance, and all other insurance necessary to protect Contractor in the operation of
Contractor's business.
XI.
The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Contract, and the exclusive venue for any legal proceedings involving this
Contract shall be Denton County, Texas.
XII.
The Contractor agrees to retain control and to give full attention to the fulfillment of this
Contract, and agrees this contract will not be assigned or sublet without the prior written consent
of the City.
XIII.
The Contractor shall defend, indemnify and hold harmless the City and its officers, agents and
employees from and against all damages, injuries (including death), claims, property damages
(including loss of use, losses demands, suites, judgments and costs, including reasonable
attorney's fees and expenses, in any way arising out or of or resulting from the performance of
this Contract or caused by the negligent or intentional act or omission of the Contractor, its
officers, agents, employees, subcontractors or invitees.
This Contract shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns.
4
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by
its duly authorized City Manager, and CONSULT_ANTthas executed this~gre~ment through its
duly authorized undersigned officer on This the c~q~,ff_~DAY OF (/ff~r~ ,
2002.
CITY OF DENTON, TEXAS
MICHA]SI, & CONDUFF, CTTY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTH, CITY ATTORNEY
BY: ~~~
CATHERINE A. TROXLER
WITNESS:
ATTACHMENT"A"
SCOPE OF SERVICES
WHEREAS, City hereby contracts with Contractor to provide consulting to
· Applicant and Requisition Training for Human Resources
· Set up supplemental data function in Human Resoumes Module
· Custom programming for longevity overtime issue
· Write position control report for actual head count and actual full time employee (FTE)
comparison for Budget Department
· Workflow programming for additional business units and funds, and adjustments to
approvers and approval levels
· Create an external call to SQL to provide complex data configuration for furore .JD
Edwards reports in all modules
· Write reports for Human Resources
13. Applicant information breakdown per requisition
14. Diversity report by race and gender, by department, by job family
15. Average age by gender, by home business unit, by job family
16. Average pay report by age group
17. Average service years by job family
18. Marital Status by pay plan
· New service pack and Update 6 testing
· Troubleshooting JD Edwards issues as required (50% of time)
Work with Tech Services to keep all JD Edwards environments in sync
ATTACHMENT "B"
COST ESTIMATES
Consulted Rate
$100.00
Travel
Estimated Hours
400
Estim~ed Fees/Expenses
$40,000
10,000
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