Loading...
HomeMy WebLinkAboutAgenda - 08-20-2002 - 8t � t ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 20, 2002 Action Agenda Item No. -� SUBJECT: Bid Award/Contract Approval: Register of Deeds Software DEPARTMENT: Purchasing and Central PUBLIC HEARING: (YIN) No Services/ Register of Deeds ATTACHMENT(S): INFORMATION CONTACT: Pam Jones (919) 245-2652 Contract Joyce Pearson (919) 245-2676 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider awarding a bid and approving in substance a contract for an integrated software package for the Register of Deeds office. BACKGROUND: Inaction taken by the Board on December 11, 2001, the Register of Deeds was authorized to proceed with the completion of the project to automate the Register of Deeds office through an integrated software package. As the Board may recall from this item, automation will include: • A cashiering system to simplify the recording process; • Indexing system; • Imaging for non-vitals (deeds); and Expanded reporting capabilities. In preparation for the acquisition process, the Orange County Register of Deeds has visited a number of facilities across the state, including Durham in order to assess the capabilities of various software packages currently being utilized by Registers. Based on her assessment of the needs of the Office and in collaboration with her consultant, Cy Harshman and the Purchasing Director, a Request for Proposal to acquire the software was solicited. Seven vendors responded, three of who were invited to demo their product to a selection committee. The selection committee included: • Register of Deeds Joyce Pearson • Consultant Cy Harshman • County Information Systems Director Dick Taylor • Information Systems Analyst Jack Eason • IT Committee Member Jane Sparks • Land Records and GIS Director Roscoe Reeve 2 i The process was facilitated through the Purchasing Office. Following analysis of the proposals and demonstration outcomes, the selection committee unanimously recommended the software provided by American Cadastre (AmCad) at an implemented cost of$174,276. The selection committee reported that each of the systems demonstrated were sufficient on technical and functional grounds. However, the selection committee based their recommendation upon several additional factors where they found the AmCad software to provide the best match between Orange County's stated need and the software being offered, including the following: • Familiarity with the PIN and GIS issues • Familiarity with the North Carolina indexing standards • Extensive experience in backfile conversion with a variety of media sources • Their infrastructure was consistent with the Orange County IT direction • Strong corporate viability, which is critical for long-term performance FINANCIAL IMPACT: The price for the implemented software package is $174,276. The County solicited terms of financing from the vendor as part of the proposal package. However, a more favorable rate can be obtained by adding this purchase to the financing agreement for Landfill equipment as approved by the Board in June 2002 and currently under review by the County Attorney. Last year, the NC General Assembly approved legislation that required counties throughout the state to earmark ten percent of some of the fees collected by Registers of Deeds for automation efforts. The revenues from this earmarking are set aside in the County's Register of Deeds Automation Enhancement Fund Capital Project. The amount collected in this fund from the original date of implementation, January 2002, through July 2002 totaled about $56,000, and current year collection projections equal about $100,000. It is recommended that the costs associated with implementing the software package outlined above be paid from the Automation Enhancement Project. Estimated annual payments associated with the package are about $60,000 for a three year period. It is also important to note that some additional expenses related to implementation may be required. Should that be the case, it is recommended that those costs also be funded from the Automation Enhancement Project. RECOMMENDATION(S): The Manager recommends that the Board: 1. Award a bid for an integrated software package for the Register of Deeds office, pursuant to proposal #5080, dated May 10, 2002 in the amount of$174,276; and 2. Approve agreements substantively consistent with the attached document and contingent upon Attorney and staff review; 3. Authorize the Finance Director and County Attorney to take the appropriate steps to add the expenditure to the financing agreement previously approved by the Board for Landfill equipment; and 4. Authorize the Chair to sign on behalf of the Board. r 3 CONTRACT This is a contract between the County of Orange, a political subdivision of the State of North Carolina,hereinafter referred to as"County", and American Cadastre,LLC(AmCad), a private company,headquartered in Reston,Virginia,hereinafter referred to as"Contractor", for the provision of software,hardware, software customization, implementation, and training services. The effective date of this contract shall be August 20,2002. WHEREAS,COUNTY desires to replace the current land records application; WHEREAS, CONTRACTROR has proposed the use of Land Information Software("LIS') software which will provide the County with the capabilities it desires,by offering a complete solution including modules for public access,cashiering, imaging,data entry,quality assurance, system administration,Internet, and backfiletimaging,thereby enhancing internal office workflow, efficiency and access to information by the public; NOW, THEREFORE,the parties hereto do mutually agree to the following provisions: 1. SCOPE OF WORK Contractor will provide LIS software and service components per the final pricing proposal and schedules(EXHIBIT A)to provide a system that meets all terms, conditions, and specifications hereunder. Additional contracts required are the AmCad Maintenance Agreement and the AmCad License Agreement. 2. COMPENSATION AND PAYMENT TERMS The Minimum or Maximum Initial Fixed Contract Price of$174,276 is payable [exclusive of maintenance, travel,per diem] in accordance with the Billing/Delivery Schedule per EXHIBIT B. Payment Terms County shall make payment within 30 days of receipt of an invoice by Contractor to Orange County sent in triplicate to the attention of the Contract Administrator. The final payment will be based on acceptance by County. Acceptance shall be defined as"successful operation for 30 consecutive calendar days following the"go live" event". Failure to make timely payment shall be considered an act of Default as further described in Paragraph 26 of this Contract. 3 4 3. PERFORMANCE PERIOD The Contractor shall install the AMCAD LIS software listed in Exhibit A ready for use on or before six months from the effective date of this contract. Time is of the essence in this contract. 4. SITE PRE ARATIO a. Site Plan is satisfactory to both Parties. 5. INSTALLATION,AND DELIVERY DATES a. The County shall provide the Contractor access to the site for the purpose of installing the system prior to the Installation Date. The Contractor shall specify in writing to the County the time required to install the equipment. Should the County elect to purchase and/or install any portion of the equipment such installation shall be done in accordance with the latest schedule. Contractor shall not be liable for any County installation,which delays the project in any manner. b. The Contractor shall determine that the system is ready for use, and operates in conformance with the manufacturer's published specifications.The Contractor shall then certify in writing that the system is installed and ready to be turned over to the operational control of the County. C. Notwithstanding certification by the Contractor that the system has been installed and is ready for use,the system shall not be deemed installed within the terms of this contract until such installation is confirmed by the County through performance of tests mutually agreed to by both parties as being adequate for this purpose"Acceptance Testing". In any event acceptance shall be effective,unless notified by the County that the system is not acceptable,within thirty(30)days of the"go-live"event. If the test is successfully completed,the system shall be deemed installed and ready for use as of the date of the Contractor's certification. The County shall immediately begin acceptance testing of the system in accordance with the provisions of Paragraph 6, and shall notify the Contractor in writing,within ten (10)working days,that the County concurs that the system was installed. If the Contractor fails to successfully complete the test,the County shall be notified immediately of the failure,with written confirmation to be provided in not more than ten(10)working days. Control of the system shall immediately be given to the Contractor. The system shall not be deemed to be installed until the Contractor re-certifies such installation and the above-described test is successfully completed. This does not imply that a"punch list"of post- 4 r 5 installation and/or acceptance will not exist which is typical of such software application installations. 6. ACCEPTANCE TESTING Acceptance testing is intended to ensure that the system provided hereunder operate in substantial accord with Contractor's technical specifications, is adequate to perform as warranted by Contractor, and evidences a satisfactory level of performance reliability, prior to its acceptance by the County. The following test and/or verification procedure will be required prior to final acceptance of the system. a Verification Step One All system components will be signed for by authorized County personnel. Such acknowledgement of receipt will be given when system components or deliverables are received without evidence of mishandling. Step One will provide proof of delivery of all contract deliverable items. b. Verification Step Two When each deliverable item is installed, it will be checked for completeness and when stand alone operation is practical, such an operational test will be made. Authorized representatives of Orange County will sign off this test step. Non-system items such as documentation,training materials, etc.,will be acknowledged as received. C. Verification Step Three Upon completion of installation,vendor will conduct a demonstration of the total system operation. This demonstration will be observed and successful compliance with the contract provisions will be acknowledged by authorized representatives of the County. d. Immediately upon successful completion of the acceptance tests,the County shall notify the Contractor in writing of acceptance of the system and authorize final acceptance payment as listed in Exhibit B attached hereto. C. The parties herein acknowledge that major software applications and conversion projects will, at the time of acceptance,have a"punch list"of items to be modified,but which do not make the system unacceptable. Such routine items will be worked and resolved through the ongoing support of the Contractor. 5 6 7. TRAINING The Contractor agrees to provide informal, "hands-ori" instruction to mutually agreed upon by County personnel in the operation of the equipment, as a standard part of the installation of the system, at mutually agreeable times prior to,or subsequent to, system installation, for purposes of familiarization with all system operation. The County shall ensure that all designated personnel are made available for such training to be completed by the Contractor in accordance with the plan which shall be presented as part of the Functional Specification. Any additional training provided by the Contractor shall be at the additional expense of the County. 8. DOCUMENTATION The Contractor agrees to provide to the County, as per Exhibit A, a reasonable number of all non-proprietary manuals and other printed materials, and up-dated versions thereof, which are necessary or useful to the County in its use of the system to be supplied hereunder. 9. WARRANTY The Warranty period is 180 days after Acceptance of the system or 30 days of continuous use of the system by the Register of Deeds Office.Thus the acceptance and warranty is as follows: System deemed accepted after 30 days of successful use of the system. System warranty starts after system acceptance and warranty starts 180 days after system acceptance and the system is warranted for 180 days.After which time the maintenance period begins and payment for the first year maintenance is due. Notwithstanding the manufacturer's system warranties as applicable,the Contractor shall warrant that all system supplied hereunder shall function in accordance with its published specifications for 180 days from date the County accepts the equipment. During such warranty period, all software repairs or deficiencies noted by the County shall be reported to the Contractor and resolved without any charge whatsoever to the County and within a reasonable period of time. This warranty provision shall not apply to software repairs or deficiencies caused by improper operation, deliberate acts by County employees or their agents,or damages caused by acts of God. In such cases, Contractor shall be entitled for reasonable expenses incurred in making system repairs. 6 7 10. PATENT AND COPYRIGHT PROTECTION The Contractor,at its own expense, shall defend any action brought against the County to the extent that such action is based upon a claim that the system supplied by the Contractor,or the operation of such system pursuant to a current version of Contractor-supplied operating software, infringes a United States patent or copyright. The Contractor shall pay those costs and damages finally awarded against the County in any such action. Such defense and payment shall be conditioned on the following: a. That the Contractor shall be notified within a reasonable time in writing by the County of any notice of such claim; and, b. That the Contractor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise. Should the system,or the operation thereof,become,or in the Contractor's opinion are likely to become,the subject of a claim of infringement of a United States patent or copyright,the County shall permit the Contractor at its option and expense either to procure for the County the right to continue using the system,or to replace or modify the same so that they become non-infringing. If, in the sole opinion of the County,the return of such infringing system makes the retention of other items of system acquired from the Contractor under this contract impractical,the County shall then have the option of terminating the contract,or applicable portions thereof,without penalty or termination charge. The Contractor agrees to take back such system and refund any sums the County has paid Contractor. Such indemnity by the Contractor as to use of such system shall not apply to any infiingement arising out of the use or in combination with other items where such infringement would not have occurred in the normal use intended for the system. 11. RESERVED 12. FORCE MALE -W Except for defaults of subcontractors,neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disaster,nuclear accident, strike, lockout,riot, freight embargo,public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Contractor arises out of a default of its 7 s subcontractor, and if such default arises out of causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them,the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be fiunished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule. 13. RESERVED 14. HOLD HARMLESS The Contractor will indemnify,defend and hold harmless the County of Orange from all liability for any loss, damage,or injury to persons or property arising from or related to the performance of this Contact,which result from acts, omissions, or negligence of the Contractor, its officers, agents or employees. To the extent of the Law and insurance policies owned by the County,the County will indemnify, defend and hold harmless the Contractor from any and all liability for any loss, damage,or injury to persons or property arising from or related to the performance of the Contract which result from acts, omissions,or negligence of the County,its officers, agents or employees. This indemnification will survive the termination of this Contract. County's remedies against Contractor shall be limited to replacement or repair of any defective Products or Services,or, at the discretion of Contractor, a refund of all sums paid by County to Contractor for the defective Products or services and for any other goods or services rendered substantially worthless because of the defective Products and Services. 15. INSURANCE PROVISIONS A. CONTRACTOR, at its sole cost and expense,will obtain and maintain in full force during the term of this contract the following types of insurance: 1. Commercial General Liability'occurrence" coverage in the minimum amount of$1,000;000 combined single limit(CST.)bodily injury& property damage each occurrence and$2,000,000 aggregate,including personal injury,broad form property damage,products/completed operations,broad form blanket contractual and$100,000 fire legal liability. 2. Commercial Automobile Liability coverage in the minimum amount of $1,000,000 CSL bodily injury &property damage, including owned,non- owned, and hired automobiles. Also to include Uninsured/Underinsured Motorists coverage in the minimum amount of$100,000 when there are 8 r 9 owned vehicles. 3. Workers'Compensation coverage, in full compliance with North Carolina statutory requirements,for all employees of CONTRACTOR and Employer's Liability in the minimum amount of$1,000,000. B. All insurance required will be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY will be excess of CONTRACTOR'S insurance coverage and will not contribute to it. C. COUNTY is to be notified immediately if any aggregate insurance limit is exceeded. Additional coverage must be purchased to meet requirements. D. The County of Orange, Its Boards,Agencies,Departments,Offices, Employees, Agents, and Volunteers are to be named as Additional Insured as respects work done by CONTRACTOR under the terms of this contract on all policies required (except Workers'Compensation). E. Contractor agrees to waive all rights of subrogation against the County of Orange, Its Boards,Agencies,Departments, Officers, Employees,Agents and Volunteers for losses arising from work performed by Contractor under the terms of this contract. F. Policies will not be canceled,non-renewed or reduced in scope of coverage until after sixty(60) days written notice has been given to the County of Orange. G. CONTRACTOR agrees to provide COUNTY with the following insurance documents within ten(10) days after the effective date of this contract and prior to contractor working on County's site. I. Certificates of Insurance for all required coverage. 2. Additional Insured endorsements. 3. 60 Days Notice Cancellation Clause endorsement Failure to provide these documents will be grounds for immediate termination or suspension of this contract. 16. TAXES. The County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on the Contractor or on any taxes levied on employee wages. 9 a 10 17. INDEPENDENT CONTRACTOR This contract is for the professional services of Contractor and is non-assignable by Contractor without prior consent by County in writing.In performing these professional services, Contractor is an independent Contractor and is not acting as an agent or employee of the County. 18, CONTRACT MONITORING The County shall have the right to review the work being performed by the Contractor under this contract at any time during County's usual working hours.Review, checking, approval or other action by the County shall not relieve Contractor of Contractor's responsibility for the accuracy and completeness of the work performed under this contract.This contract shall be administered by the County Contract Administrator or his/her authorized representative. 19. EOI JAL OPPORTUNITY Contractor will not discriminate against any employee,or against any applicant for such employment because of age,race, color,religion,physical handicap,ancestry, gender or national origin. This provision shall include,but not be limited to,the following: employment,upgrading,demotion,or transfer,recruitment or recruitment advertising, layoff or termination;rates of pay or other forms of compensation; and selection for training,including apprenticeship. 20. TIGATI IN AND RESEARCH Contractor by investigation and research has acquired reasonable knowledge of all conditions affecting the work to be done and labor and material needed, and the execution of this contract is to be based upon such investigation and research, and not upon any representation made by the County or any of its officers, agents or employees, except as provided herein. 21. TERMINATION Upon termination or other expiration of this contract, each party will assist the other party in the orderly termination of the contract and the transfer of all assets,tangible and intangible, as may facilitate the orderly,non-disrupted business continuation of each party.Prior to the expiration of this contract,this contract may be terminated for the convenience of both parties by mutual consent. The County may terminate this contract under the provisions of paragraph 25, "Rights and Remedies of County for Default", and the Contractor may terminate this contract under the provisions of paragraph 26, "Rights and Remedies of Contractor for Default". 10 11 Terminating for other than cause under this Contract shall require a minimum of 180 days notice by either party. 22. EXPIRATION Provided this Contract has not been terminated for any other cause provided for in this Contract it shall expire and become completed upon acceptance by the County (Contractor shall be required to provide the 30 day post-acceptance warranty provided for in Paragraph 9 of this Contract). 23. ADDENDA County may from time to time require changes in the scope of the services required hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation which are mutually agreed upon by and between County and Contractor, shall be effective when incorporated in written amendments to this contract and as funding is made available by the County. 24. CONFIDENTIALITY Any reports,information,data, statistics, forms,procedures, systems,studies and any other communication or form of knowledge given to or prepared or assembled by Contractor under this contract which County requests to be kept as confidential shall not be made available to any individual or organization by Contractor without the prior written approval of the County except as authorized by law. Contractor shall insure that such confidential information shall be kept confidential by her employees and/or independent subcontractors. 25. RIGHTS AND REMEDIES OF COT'bUY FOR DEFAULT In the event of a default by the Contractor under this Contract, Contractor shall have 60 days,from notice thereof by County,to cure the default prior to terminating this Contract. 26. RIGHTS AND REMEDIES OF CONTRACTOR FOR DEFAULT In the event of a default by the County under this Contract, County shall have 60 days, from notice thereof by Contractor,to cure the default prior to terminating this Contract. 27, RESERVED 28. NOTICES 11 12 All notices required under this agreement shall be made in writing and addressed or delivered as follows: TO COUNTY- ORANGE COUNTY Register of Deeds 200 S. Cameron Street, PO Box 8181 Hillsborough NC 27278 Attn: Joyce Pearson TO CONTRACTOR- American Cadastre,LLC 2125 Rampart Drive Alexandria,VA 223508 ATTN: Ronald F. Cornelison, CEO Either party may,by written notice to the other,change its own mailing address. 29. GOVERNING LAW The validity of this contract and any of its terms or provisions, as well as the rights and duties of the parties under this contract,will be construed pursuant to and in accordance with the laws of the State of North Carolina. 30. SEVERABTIITY OF CONTRACT If any term of this contract is held by a court of competent jurisdiction to be void or unenforceable,the remainder of the contract terms will remain in full force and effect and will not be affected. 31. C1 MULATIVE REMEDIES The exercise or failure to exercise of legal rights and remedies by the County of Orange in the event of any default or breach hereunder will not constitute a waiver or forfeiture of any other rights and remedies, and will be without prejudice to the enforcement of any other right or remedy available by law or authorized by this contract. 12 13 32. COMPLIANCE WITH LAWS Each party to this contract will comply with all applicable laws. IN WITNESS WHEREOF,the parties hereto have executed this contract. COUNTY OF ORANGE AMERICAN CADASTRE,LLC Signature Signature Printed Name Printed Name Title Title Date Date 13