HomeMy WebLinkAboutAgenda - 03-21-2017 - 8-e - Enterprise Asset Management Facilities Software Purchase and Support Agreement 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 21, 2017
Action Agenda
Item No. 8-e
SUBJECT: Enterprise Asset Management Facilities Software Purchase and Support
Agreement
DEPARTMENT: Asset Management Services /
Information Technologies
ATTACHMENT(S): INFORMATION CONTACT:
1- Project Scope Jim Northrup, 919-245-2276
2- Contract Form Jeff Thompson, 919-245-2658
PURPOSE: To authorize the County Manager to execute a contract with TMA Systems, LLC
for the purchase of the Asset Management Services facilities maintenance work order system
and related professional services, as previously approved during the FY 2015-16 Budget/Capital
Investment Plan process, at a cost of$137,622 after review by the County Attorney.
BACKGROUND: In FY 2015-16, Asset Management Services ("AMS") requested through the
Capital Improvement Plan ("CIP") a replacement of its existing facilities maintenance software,
"iMaint", an older computerized maintenance management system that is becoming obsolete
due to declining software support and upgrades.
By replacing iMaint, AMS seeks a facilities maintenance work order system that would be
equipped to operate in real time at the point of maintenance service. The system would take
advantage of the ever-evolving and nimble mobile device platform for its field technicians to
carry with them each day as the work is being performed. This type of system platform would
allow for more efficiency in work performed. The request was evaluated and approved first by
the Information Technology Governance Council and then as part of the FY 2015-16 CIP.
A request for proposals ("RFP") was advertised on April 20, 2016. The project scope is
attached as Attachment 1. The County received responses from seven (7) vendors:
Apptricity
Computerized Facility Integration
Dude Solutions
FM Systems
JBT Corporation
TMA Systems
Tyler Technologies
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Criteria in evaluating the proposals included 1) integration and effectiveness within a mobile
phone wireless platform; 2) functionality; 3) the ability for customization within the technology
platform; 4) overall cost structure (capital cost, operating costs, ongoing maintenance/support
costs; and 4) the overall internal and external customer experience.
Of the seven proposals received, four proposals were over the project budget of $150,000:
Computerized Facility Integration, Tyler Technologies, JBT Cooperation, and Apptricity. One
proposal did not meet minimum specifications for functionality, Dude Solutions. The two
remaining vendors, TMA Systems and FM Systems (in bold in the list above), were selected for
further review. The selected vendors provided in-depth demonstrations of their software.
After these demonstrations, a testing protocol was devised that would allow AMS to have staff
members, including field technicians and administrative staff, use the software to verify its
functionality and ease of use. In addition, AMS administrative staff also evaluated the software
from the customer's point of view.
After rigorous testing of both software platforms, "WebTMA", from TMA Systems, LLC was
selected as the best option based on the following:
• TMA Systems software has a highly customizable mobile app built for use with
smartphones and tablets.
• The mobile app has the ability to continue working without the presence of cellular or
wireless service. This feature allows the AMS field technicians to continue documenting
their work and then synch up to the server, once the device comes back into the range of
cellular or wireless service.
• The client portal can be customized to best fit the needs of AMS customers and enabled
them to attach supporting documents like pictures to the requests they sent.
• The software has a dedicated module for supervisors, enabling them to better manage
the workload and assignment of work orders.
FINANCIAL IMPACT: The Board of County Commissioners appropriated $150,000 within the
FY 2015-16 Capital Investment Plan for the purchase of this software, including implementation
costs. The cost of the software, including implementation and related consulting fees, will be
$137,622 in the first year. In years 2 through 7, the annual maintenance cost will be $14,937,
which will be included in ongoing Information Technology operating budgets.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
The software facilitates the smooth operation of County facilities which allows Orange County
departments to serve residents well.
RECOMMENDATION(S): The Manager recommends the Board authorize the County Manager
to execute a contract with TMA Systems, LLC for the purchase of the Asset Management
Services facilities maintenance work order system and related professional services at a cost of
$137,622 after review by the County Attorney.
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Attachment 1
PROJECT SCOPE
The Orange County, NC Department of Asset Management Services ("AMS") is seeking proposals from
qualified firms for software and implementation services for migrating and enhancing the existing
iMaint System including processes and data, to a robust software platform that takes advantage of
current technologies in order to support storage,workflow, access and integration.
The system shall provide a central portal through which:
- AMS customers can:
• Request/report services needs at a county facility
• Check on status of past and present requests.
- AMS staff and management teams can:
• Manage the work order lifecycle from request entry to completion phase.
• Update/add information about work performed on a particular request while out in the field.
• Maintain a schedule for preventive maintenance on assets.
• Maintain specs on assets (buildings, HVAC, mechanical equipment).
• Maintain information on contractors that AMS works with or has purchased equipment from.
The overall objective of the project is to review, select and implement a software platform that enables
the AMS department to:
- Improve request entry process for all external users of AMS.
- Improve management of work order lifecycle.
- Reduce manual processes and increase productivity.
- Reduce paper and paper-oriented processes
- Improve integration between applications and other systems
- Take advantage of newer technology, especially mobile technology.
Attachment 2 4
[Departmental Use Only]
TITLE Facl. Maint Soft.
FY 2017
NORTH CAROLINA
SERVICES AGREEMENT OVER $90,000.00
RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter "Agreement"), made and entered into this 27th day of
March, 2017, ("Effective Date") by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") andTMA Systems, LLC,
(hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Services Agreement ("Agreement") is for professional services to be
rendered by Provider to County with respect to (insert type of project): Facility
Maintenance software.
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
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performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns in the performance of the Agreement. Provider shall
correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services.
i) The Provider shall perform as Basic Services the work and services described
herein and as specified in the County's Request for Proposals or Request for
Qualifications (the "RFP") "RFP Number 5220 for "Enterprise Asset Management
Software" issued May 5 , 2016, and the Provider's proposal, which are fully
incorporated and integrated herein by reference together with Attachments Abstract,
AMS - TMA Insurance General-Professional Liability, AMS - TMA Quote —
Project Plan, AMS - TMA Terms Document, Orange County RFP #5220 Response -
TMA Systems (designate all attachments). In the event a term or condition in any
document or attachment conflicts with a term or condition of this Agreement the
term or condition in this Agreement shall control. Should such conflict arise the
priority of documents shall be as follows: This Agreement, the County's RFP
together with attachments, Provider's Proposal together with attachments.
ii) The Basic Services will be performed by the Provider in accordance with the
following schedule: (Insert task list and milestone dates)
Task Milestone Date
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1. Please refer to the project plan in the attached AMS - TMA Quote — Project
Plan
2.
3.
4.
5.
6.
7.
8.
9.
10.
iii) Should County reasonably determine that Provider has not met the Milestone
Dates established in Section 3(a)(ii), County shall notify Provider of the failure to
meet the Milestone Date. The County, at its discretion may provide the Provider
seven (7) days to cure the breach. County may withhold the accompanying
payment without penalty until such time as Provider cures the breach. In the
alternative, upon Provider's failure to meet any Milestone Date the County may
modify the Milestone Date schedule. Should Provider or its representatives fail to
cure the breach within seven (7) days, or fail to reasonably agree to such modified
schedule, County may immediately terminate this Agreement in writing, without
penalty or incurring further obligation to Provider. This section shall not be
interpreted to limit the definition of breach to the failure to meet Milestone Dates.
Furthermore, the County recognizes that certain Milestone Dates are contingent
upon cooperation of the County's representatives assigned to the Project. Failure
of any County representative to accomplish a required task by the assigned
date(s), which in turn, results in the Provider not meeting a Milestone Date(s) will
not be considered a breach.
4. Duration of Services
a. Term. The term of this Agreement shall be from March 27th 2017 to March 26th, 2024.
b. Scheduling of Services
i) The Provider shall schedule and perform its activities in a timely manner so as to
meet the Milestone Dates listed in Section 3.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be 27th March,
2017.
5. Compensation
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a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement.
The maximum amount payable for Basic Services is One Hundred Thirty Seven
Thousand Six hundred and twenty two Dollars ($137,622). In the event the amount
stated on an invoice is disputed by the County, the County may withhold payment of all
or a portion of the amount stated on an invoice until the parties resolve the dispute.
Payment for Basic Services shall become due and payable in direct proportion to
satisfactory services performed and work accomplished. Payments will be made as
percentages of the whole as Project milestones as set out in Section 3(a)(ii) are achieved.
(For example, if there are 10 Project Tasks with Milestone Dates then Provider may
invoice for the first 10% of the whole upon County's acknowledgement of the
satisfactory completion of Task one. Upon the County's acknowledgement that the
second Task has been satisfactorily completed Provider may invoice for the next 10% of
the whole.)
b. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Jeff Thompson) to act as
the County's representative with respect to the Project and shall have the authority to
render decisions within guidelines established by the County Manager and/or the County
Board of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any
additional insurance as may be required by County's Risk Manager as such insurance
requirements are described in the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing division/contracts.php. If
County's Risk Manager determines additional insurance coverage is required such
additional insurance shall consist of Cyber Liability(if no additional insurance required
mark N/A as being not applicable). Provider shall not commence work until such
insurance is in effect and certification thereof has been received by the County's Risk
Manager.
8. Indemnity
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County
from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to the Project and arising from bodily injury including death or property damage
to any person or persons caused in whole or in part by the negligence or misconduct of
the Provider except to the extent same are caused by the negligence or willful
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misconduct of the County. It is the intent of this provision to require the Provider to
indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience. This Agreement may be terminated without cause by each
Party and for its convenience upon seven(7) days prior written notice to the other Party.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County's convenience and without penalty to County upon three (3) days' notice to
Provider. Upon any suspension by County, Provider shall discontinue the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
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b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. Compliance with Laws. Provider shall at all times remain in compliance with all
applicable local, state, and federal laws, rules, and regulations including but not limited
to all state and federal anti-discrimination laws, policies, rules, and regulations and the
Orange County Anti-Discrimination Policy. Any violation of this requirement is a
breach of this Agreement and County may immediately terminate this Agreement
without further obligation on the part of the County. This paragraph is not intended to
limit and does not limit the definition of breach to discrimination. By executing this
Agreement Provider affirms that Provider and any subcontractors of Provider are and
shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes. By executing this Agreement Provider certifies that Provider has not been
identified, and has not utilized the services of any agent or subcontractor, on the list
created by the State Treasurer pursuant to G.S. 147-86.58.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of a suit or action.
e. Entire Agreement. This Agreement, together with the Provider's License Agreement,
Professional Services Agreement, and Support/Maintenance Agreement, the RFP and its
attachments, and the Proposal and its attachments, represents the entire and integrated
agreement between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
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County's obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
i. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the intent of
the Parties to comply with Article 11A and Article 40 of North Carolina General Statute
Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County TMA Systems, LLC
Attention: Jeff Thompson Attention: President
P.O. Box 8181 5100 East Skelly Drive, Suite 900
Hillsborough,NC 27278 Tulsa, OK 74135
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder
set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: By:
Bonnie Hammersley, County Manager Dustin Taylor
President
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