HomeMy WebLinkAbout20194050.tiffaim-Frac,- me. 4:p3tal
MEMORANDUM
TO: Esther Gesick, Clerk to the Board Aug 29, 2019
FROM: Ryan Rose, Chief Information Officer
SUBJECT: TMA Systems, LLC
TMA Systems, LLC provides software to Weld County. The software is used by the
Building & Grounds department to manage their daily workload. The attached
agreement between the Board of County Commissioners and TMA Systems, LLC is
for the purchase and implementation of TMA Systems' mobile solution for the B&G
staff. The requested amount is $17,821.25. The cost was budgeted for in the
2019 project budget.
We ask that the BOCC approve the agreement as submitted.
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2019-4050
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: TMA Systems, LLC License and Support Agreement and SOW
DEPARTMENT: Information Technology DATE: 8/15/19
PERSON REQUESTING: Ryan Rose
Brief description of the problem/issue:
TMA Systems, LLC provides workload tracking software to Weld County. The software is used by the
Building and Grounds department to manage their daily workload of requests.
This agreement is to purchase mobile licenses and associated support and to engage their assistance to
implement this functionality. The requested amount is $17,921.25.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
This provider specializes in selling and supporting this software which will be utilized by the Building and
Grounds department to conduct their daily business.
Recommendation:
This agreement was reviewed by legal and the requested amount was budgeted for in the 2019 project
budgeting process. It is recommended that the BOCC approve the agreement for the above specified amount.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve
Recommendation Woxk Session
Schedule
j
Other/Comments:
Karla Ford
From:
Sent:
Subject:
Sean Conway
Tuesday, August 27, 2019 3:59 PM
Karla Ford
Re: IT Pass -Around - TMA System LLC License and Support Agreement and SOW
Karla - Approve staff recommendation. Sean
Sent from my iPhone
On Aug 27, 2019, at 10:44 AM, Karla Ford <kfordPwelclgov.com> wrote:
Please advise if you approve recommendation for the attached pass -around. Thank you!
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.Q. Box 758, Greeley, Colorado 80632
:: 970.335-7204 :: kford rh,weldgov.conn :: www.weldgov.com
My working hours are Monday -Thursday 7:00a.m.-4:0O p.m.
Friday 7:00a.m. - Noon
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Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you hove received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
From: CM103-05550@co.weld.co,us <CM103-05550@co.weld.coms>
Sent: Tuesday, August 27, 2019 10:29 AM
To: Karla Ford <lcford@wel'rdgoy.com>
Subject: Attached Image
<1111_001.pdf>
TMA Systems, LLC
License Agreement
The Customer identified below has previously purchased or acquired from TMA Systems, LLC
("the Company") a License of the TMA Systems software listed on the attached Schedule 1 ("the
Software"). The Company and the Customer agree to the following terms and conditions of the
License:
1. License Grant: The Company grants to the Customer a License for the perpetual use of
the Software, subject to the following restrictions and limitations:
A. The License is limited to the version of the Software listed on Schedule 1.
B. The License is non-exclusive to the Customer.
C. The License may not be assigned, sub -licensed or otherwise transferred by the
Customer without the express written consent of the Company.
2. Use of Software:
A. The Software may only be used to manage the operations of the Locations described
on Schedule 1 or later added with the agreement of the Company.
B. The use of the Software is limited to the number of concurrent users or named users
listed on Schedule 1 or later purchased by the Customer.
C. The Software may be installed with one production database and one production
application server. Customer may make one backup copy of the Software for
archival or testing purposes on a separate server(s) during the term of the
agreement.
D. Customer may make not more than one backup copy of the Software, provided that
the backup copy shall not be installed or otherwise used by the Customer, except to
replace the initially installed Software.
E. Customer shall not use the Software as a call center or service bureau, or otherwise
permit the use of the Software by any third party without the prior express written
consent of the Company.
3. Protection of Intellectual Property Rights:
A. Except for the limited and restricted License hereby granted by the Company to the
Customer, the Company retains the ownership of all copyrights and other
intellectual property rights associated with the Software.
&3 TMA Systems, LLC 01/01/19 — CH — EC
aO/9-40
B. The Customer shall not modify, translate, reverse engineer, decompile or
disassemble the Software.
C. The Customer shall not provide access to the Software to any person other than the
Customer's employees and agents.
D. The Customer shall use commercially reasonable efforts to prevent access to the
Software by any person other than the Customer's employees and agents.
4. Company Warranties: The Company makes the following warranties and disclaimers to
the Customer:
A. The Company has developed and is the owner of the Software, and has the right to
grant the License to the Customer.
B. The functionality of the Software reasonably conforms to the standards set forth in
the documentation supplied with the Software.
C. The Company disclaims all other warranties, express or implied, including
merchantability and fitness for use of the Software.
5. Customer Warranties: The Customer makes the following warranties to the Company:
A. The Customer has conducted such investigations as to the functionality of the
Software as the Customer deemed appropriate,
B. The Customer has determined that the Software is suitable for the intended uses of
the Customer.
6. Limitation of Liability: The liability of the Company to the Customer arising from the
Customer's use of the Software or the Company's breach of this Agreement shall be limited
as follows:
A. The Company shall not be liable for indirect, special, incidental, or consequential
damages.
B. The aggregate liability shall not exceed the amount the Customer paid the Company
for the License.
7. New Software Versions or Modules: This Agreement shall apply to any new versions or
upgrades of the Software Customer may receive via a Customer Support / Maintenance
Agreement with the Company, and to any additional Software modules purchased by the
Customer.
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O TMA Systems, LLC 01/01/19 - CH - EC
8. Conflicting Terms and Conditions: In the event of a conflict between the terms of this
Agreement and the Customer's purchase order, the terms of this Agreement shall control.
9. Litigation: With respect to any litigation arising from this Agreement:
A. The Customer consents to the jurisdiction and venue of the District Court of Weld
County, Colorado, and if necessary , the United States District Court for the District
of Colorado,
B. This License Agreement shall be interpreted in accordance with the Laws of the
State of Colorado.
10. Entire Agreement: This Agreement constitutes the entire agreement between the
Company and Customer with respect to the License, and may be modified only in writing
and signed by both parties.
II. Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101
et seq., as applicable now or hereafter amended.
Dated: 57/4S11/
SIGNATURE PAGE FOLLOWS
3
® MIA Systems, LLC 01/01 /19 - CH - EC
By: 4.. sr. 1701 ...art
/�/t�`J•Odr
The Company:
The Customer:
TMA Systems, LLC Weld County Government
A a. /(I -IIUC. M4
y: Barbara Kir meyer,
C Chair
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first
stated above.
NA ONT CTOR 7 ,i9 Sr (740. 1.
By: NAME OF PERSON SIGNING
Pite J
POSITION OF PERSON SIGNING
ATTEST:
Weld C
BY:
BOARD OF COUNTY COMMISSIONERS
lerk to the Bo rd WELD COUNTY, COQ ORADO
Deputy Cler
4
arbara Kirkmeyer, chair SEP I i 2019
C TMA Systems, LLC 01/01/19- CH -EC
c2o/9-s-o51)
Schedule 1
The Customer has previously purchased or acquired from the Company a License of the following
TMA Systems software.
• WebTMA Base
• 10 Full Users
• WebTMA iServiceDesk (up to 750 named users)
• Materials Management module
• Time Management module
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O TMA Systems, LLC 01/01/19 — CH — EC
TMA Systems, LLC
Support / Maintenance Agreement
The Customer identified below has previously purchased from TMA Systems, LLC ("the
Company") a License of certain TMA Systems software ("the Software"), and has previously
purchased an annual Support Plan for the Software.
The Customer and the Company agree that the Company shall continue to provide support and
maintenance for the Software based on the following terms and conditions:
1. Term:
A. The Anniversary Date of this Agreement is the date previously established by the
Company, which is August 1St of each calendar year. The term shall not exceed 5
years unless agreed to by both the Customer and Company.
B. This Agreement shall automatically renew for successive one-year terms absent
notice to the contrary provided by one party to the other within 60 days prior to the
anniversary date.
2. Support Services: During the term of this Agreement, the Company shall provide
technical support to the Customer under the applicable Support Plan ("Support Services")
as follows:
A. The Support Services shall be available during the times set forth in the Support
Plan.
B. The Support Services shall only be utilized by those Customer personnel who have
been fully trained on the Software ("Trained Personnel").
C. The Support Services may be provided via telephone, email, fax, or online.
3. Maintenance Services: The Company shall provide Software maintenance services to the
Customer ("Maintenance Services") as follows:
A. The Company shall make available to the Customer updates to the Software
purchased by the Customer that are released during the current or any renewal term
of this Agreement, when the updates become available.
B. The Company shall correct material errors of the Software as follows:
(1) An error or malfunction shall be deemed material if it causes the Software
to conflict with the Software documentation.
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O TMA Systems, LLC 01/01/1901/01/I9 -CH -EC
(2) Material errors:
a. Shall only be reported by Trained Personnel;
b. Shall be reported to the Company by email at
support@tmasystems.com; and
c. The information provided shall include sufficient details to enable
the Company to identify the error.
(3) The Company shall use commercially reasonable efforts to correct material
errors within eight business hours from receipt of the error report.
4, Annual Fees: The Customer shall pay Annual Fees for the Support and Maintenance
Services as follows:
A. The Annual Fee for the current term shall be the amount to which the Customer and
the Company previously agreed, and shall be paid in accordance with the
Company's invoice.
B. Upon notice at least 60 days prior to the expiration of any term, the Company may
increase the Annual Fee for the Renewal Term by an amount not to exceed 5% of
the Annual Fee for the current term.
C. Annual Fees shall also be increased based on Customer purchases of additional
users, Locations, and / or modules.
D. The amount of the Annual Fees is based upon a continuous Support / Maintenance
Agreement between the Company and the Customer, and if Customer discontinues
this Agreement and later requests Support and Maintenance Services, additional
fees may be required.
a Annual Fees for renewal terms shall be due and payable 30 days prior to the
commencement of the renewal term.
F. Annual Fees not paid when due shall bear interest at the rate of 1% per month from
the due date, and if payment is not made by the due date the Company may, at its
option, suspend the provision of Support and Maintenance Services, or terminate
this Agreement.
5. Notices: Notices to the Company (other than to report material errors) shall be sent by
email to notiticat ions@tmasyste►ns.co►n:
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® TMA Systems, LLC 01/01/19 — CH— EC
6. Data:
A. Customer warrants that as of the date of this Agreement, none of the databases
associated with the services performed contain protected health information as that
term is defined in the Health Insurance Portability and Accountability Act ("PHI").
B. Following the execution of this Agreement, Customer shall not enter PHI into any
of the databases associated with the services performed.
C. Customer shall review and validate the accuracy and completeness of data resulting
from the performance of services by the Company.
D. The Company disclaims any representation, warranty, or guaranty as to the
reliability, timeliness, quality, suitability, truth, availability, accuracy or
completeness of the data and content resulting from the performance of its services.
7. Limitation of Liability: The liability of the Company to the Customer for damages arising
under this Agreement shall be limited as follows:
A. The Company shall not be liable for indirect, special, incidental, or consequential
damages.
B. The aggregate liability shall not exceed the amount the Customer paid the Company
for the Support Services in the year the damage occurred.
8. Conflicting Terms and Conditions: In the event of a conflict between the terms of this
Agreement and the Customer's Purchase Order, the terms of this Agreement shall control.
9. Litigation: With respect to any litigation arising from this Agreement:
A. The Customer consents to the jurisdiction and venue of the District Court of Weld
County, Colorado, and if available, the United States District Court for the District
of Colorado.
B. This Agreement shall be interpreted in accordance with the Laws of the State of
Colorado.
10. Entire Agreement: This Agreement constitutes the entire agreement between the
Company and Customer with respect to the Software and Maintenance Services, and may
be modified only in writing and signed by both parties.
11. Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101
et seq., as applicable now or hereafter amended.
3
® TMA Systems, LLC 01/01/19 - CH - GC
Dated: 1/05,
The Company:
TMA Systems, LLC
By: iO 6. SPlie iAY •-art
P/Zff,OE-0. r
The Customer:
Weld County Government
y: Barbara KiTkmeyer, /B0CC Chair
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first
stated above.
N�O CTOR T /.9 sr," J
ti
By: NAME OF PERSON SIGNING
o6 -T
POSITION OF PERSON SIGNING
ATTES . d/ "''e1 BOARD OF COUNTY COMMISSIONERS
Weld ' ou t C k to e : oard _ LD COUNTY, C • LORADO
BY.
Deputy Cl
4
arbara Kirkmeyer. Chair SE 11 2019
O TMA Systems, LLC 01/01/19 - CH - EC
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TMASYSTEMS
Weld County Government
Submitted for consideration to:
Mary Truslow
Director of Applications & Database Services
Weld County Government
1401 N. 17th Avenue
Greeley, CO 80631
(970) 0.00-2518
mtruslow@co.weld.co,us
Proposal for
mobileTMA Go Licenses and Onsite Services
Proposal Number MH-43692-161-CH
Proposal Valid Through:
September 14, 2019
Submitted By:
Mike Holmes
Account Executive
TMA Systems, LLC
5100 East Skelly Drive, Suite 900
Tulsa, OK 74135
(918) 858-6680 - office
(918) 858-6655 - fax
m Ike. halmes@tmasystems,com
TMASYSTEMS
Submitted to: Date August 15, 2019
Mary Truslow Valid Until September 14, 2019
Director of Applications & Database Services Quote Number M14 -43692-181-C14
Weld County Government Client Number 161
1401 N. 17th Avenue
Greeley, CO 80631
(970)400.2518
mtruslow@co.weld.co.us
WebTMA CLIENT -HOSTED SOFTWARE SOLUTION
(tens Description
Additional Modules
• nwbiteTMA GO moblleTMA Interface - Per 5 Named User Bundle
rhea Systems, LLa
elan Lass stell0 Drive, sage 500
Tvba, ox 14135
000.061 1130
919 659 6655 fat
M.te,nvstems.cem
federal cevi rnuns dumber: 73.1554304
Quantity US Dollars
5 $ 9,975.00
Subtotal - WebTMA Client -Hosted Software
PROFESSIONAL SERVICES
Rem
Ossetic Services
$ 9,975.00
Description Quantity US Dollars
Services may be Inclusive of 'Portal, Imptementatten, Training, 3 $ 4,500.00
Consulting, Project Management, and Documenlallan. Allocation
of service days finalized upon review with client. Service days at
51,500/day -travel expenses not Included. The following allocation
has been estimated.
1 - day(s) of Implementation Services
2 - davit) of Training Services
Additional Services
• Not to Exceed Travel Expenses Estimated Tnp(s) at $1,850/tnp- actual travel expenses billed
Notes;
• TMA offers both en -site and remote services for all phases of Implementation and training. Remote training services are
altered at a reduced rate. If remote services have not been quoted, please feel free to discuss these services as an alternative to
what has been quoted above.
• TMA professional services to be performed In-house, enough web services (TMA 'Portal, Internet, etc.) or at client she, TMA
Consultant will prepare a project schedule identifying necessary allocation of service days upon review with client. Travel
expenses are riot Included M the cost of services and are the responsibillly of tie client.
$ 1,850.00
Subtotal • Professional Services
SUPPORT SERVICES
Item
• TMA Gold Support
Annual Subtotal - Support
$ 6,360.00
Description
Annual Support Plan - 7 am to S pre CSC/CDT • Mon thru Fri
Quantity US Dollars
1 5 1,496.25
$ 1,496,25
TOTAL COST OF PROPOSED SOLUTION
$ 17,821.25
TERMS AND CONDITIONS
• Software Is subject to TMA Systems. LLC License Agreement far the following locatlon(s):
Weld County Government, 1401 N. 1.7th Avenue, Greeley, CO 80631
• Interface upgrades and compatibility are subject to continued support of assodated vendors.
• Travel, shipping and handling expenses not Included.
• Payment Is due net 30 days after receipt of software.
• Past due Invokes wilt be charged 1% per month.
• These prices do not Include applicable sales tax.
• Third party software not Included.
• Quotation Is for Software, Service and Support referenced on attached Client Profile.
• Software Is compatible with systems meeting the requirements outlined on the Systems Requirement attachment.
• Additional fees may apply for using client contracts versus TMA Systems' standard agreements.
TMA Systems, tLC Weld County Government
c�C1�Ja •Alta tletem Q 41er yip 17;9,04'4'0'
\� /weerree etalive eeleA) $CNr`
(918) 858.6680 - office
(918) 858.6655 - fax
Mikeholmes@tmasystems.com
Barbara Kir meyer, BUCC Chair
Title
SEP 112019
Dale
o2ai 9- •Vo5D
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first stated above.
NA'd2 CO� N ACTOR 77.7..9 Sl'1 r'�i+ l
es" :..� /AYE 4'e -
By: NAME OF PERSON SIGNING
POSITION OF PERSON SIGNING
ATTES : dd/ v• o'iik BOARD OF COUNTY COMMISSIONERS
Weld r out ty Clerk to tl e t oard W LD COUNTY, COL A RADO
BY:
Deputy Cler
arbara Kirkmeyer, + hair
EP 11 2019
Contract Description*
IMPLEMENTATION OF TMA MOBILE GO
Entity Name*
TMA SYSTEMS LLC
Contract Name*
TMA MOBILE GO
Contract Status
CTB REVIEW
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$17821.25
Renewable*
YES
Automatic Renewal
Grant
IGA
Entity ID*
@007557
Department
INFORMATION
TECHNOLOGY-GIS
Department Email
CM -
I nformationTech noIogyGIS@w
eldgov:com
Department Head Email
CM-lnformationTechnology Gl S-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Contract ID
3109
Contract Lead*
MTRUSLOW
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project #
mtruslow@co.weld.co.us
Requested 8OCC Agenda
Date*
09/041X/19
Due Date
08/31/2019
Will a work session with 8OCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
Note: the Previous. Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Date
Termination Notice Period
Review Date*
07!02/2012
Committed Delivery Date
Renewal Date*
08/31/2020
Expiration Date
Contact Name
Contact Type
Contact Email
Contact Phone 1
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
RYAN ROSE
OH Approved Date
09/06/2019
Final Approval
8OCC Approved
B0CC Signed Date
BOCC Agenda Date
09/11/2019
Originator
MTRUSLOW
Contact Phone 2
Purchasing Approved Date
09/06/2019
Finance Approver
CONSENT
Finance Approved Date
09/06/2019
Tyler Ref #
AG 091119
Legal Counsel
CONSENT
Legal Counsel Approved Date
0910612019
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