HomeMy WebLinkAbout360929 TMA SYSTEMS - CONTRACT - CONTRACT - 24724SERVICES AGREEMENT
Maintenance Management System
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to
as the "City" and TMA SYSTEMS, LLC, hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Scope of Services
The Service Provider agrees to provide a TMA Enterprise Maintenance Management system
and related services as set forth in Service Provider's response to P-864 and the attached
Exhibit A: Scope of Work, incorporated herein by this reference.
2. Contract Period
This Agreement shall commence upon the date of execution shown on the signature page of
this Agreement and shall continue in full force and effect for one (1) year, unless sooner
terminated as herein provided. In addition, at the option of the City, the Agreement may be
extended for an additional period of one (1) year at the rates provided with written notice to the
Service Provider mailed no later than ninety (90) days prior to contract end.
3. Delay
If either party is prevented in whole or in part from performing its obligations by unforeseeable
causes beyond its reasonable control and without its fault or negligence, then the party so
prevented shall be excused from whatever performance is prevented by such cause. To the
extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice
Notwithstanding the time periods contained herein, the City may terminate this Agreement at
any time without cause by providing written notice of termination to the Service Provider. Such
notice shall be delivered at least thirty (30) days prior to the termination date contained in said
notice unless otherwise agreed in writing by the parties. All notices provided under this
Agreement shall be effective when mailed, postage prepaid and sent to the following addresses:
City:
City of Fort Collins Purchasing
PO Box 580
Fort Collins, CO 80521
Service Provider:
TMA Systems
5100 E Skelly Dr, Suite 900
Tulsa, OK 74135
800-862-1130
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
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Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
5. Contract Sum
The City shall pay the Service provider for the performance of this Contract, subject to additions
and deletions provided herein, the sum of Thirty -Seven Thousand, Seven Hundred, Thirty -Eight
Dollars and Fifty Cents f$37.738.50) in payments, as set forth below.
1. When agreement is signed 75%
2. Upon final acceptance of system 25%
6. City Representative
The City Representative for this agreement is Steve Strickland, who shall make, within the
scope of his authority, all necessary and proper decisions with reference to the services
provided under this agreement. All requests concerning this agreement shall be directed to the
City Representative.
7. Independent Service provider
The services to be performed by Service Provider are those of an independent service provider
and not of an employee of the City of Fort Collins. The City shall not be responsible for
withholding any portion of Service Provider's compensation hereunder for the payment of FICA,
Workmen's Compensation or other taxes or benefits or for any other purpose.
8. Personal Services
It is understood that the City enters into the Agreement based on the special abilities of the
Service Provider and that this Agreement shall be considered as an agreement for personal
services. Accordingly, the Service Provider shall neither assign any responsibilities nor
delegate any duties arising under the Agreement without the prior written consent of the City.
9. Acceptance Not Waiver
The City's approval or acceptance of, or payment for any of the services shall not be construed
to operate as a waiver of any rights or benefits provided to the City under this Agreement or
cause of action arising out of performance of this Agreement.
10. Warranty
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
11. Default
Each and every term and condition hereof shall be deemed to be a material element of this
Agreement. In the event either party should fail or refuse to perform according to the terms of
this agreement, such parry may be declared in default thereof.
12. Remedies
In the event a party has been declared in default, such defaulting party shall be allowed a period
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of fifteen (15) days within which to cure said default. In the event the default remains
uncorrected, the party declaring default may elect to:
a. Terminate the Agreement and seek damages;
b. Treat the Agreement as continuing and require specific performance; or
c. Avail himself of any other remedy at law or equity. If the non -defaulting parry
commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting parry's reasonable
attorney fees and costs incurred because of the default.
13. Binding Effect
This writing, together with the exhibits hereto, constitutes the entire agreement between the
parties and shall be binding upon said parties, their officers, employees, agents and assigns
and shall inure to the benefit of the respective survivors, heirs, personal representatives,
successors and assigns of said parties.
14. Indemnity/insurance
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit "B",
consisting of one (1) page, attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder, shall deliver to the City's
Director of Purchasing and Risk Management, 215 N Mason, 2nd Floor, Fort Collins,
Colorado 80524, one copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the City.
15. Entire Agreement
This Agreement, along with all Exhibits and other documents incorporated herein, shall
constitute the entire Agreement of the parties. Covenants or representations not contained in
this Agreement shall not be binding on the parties.
16. Law/Severability
The laws of the State of Colorado shall govern the construction interpretation, execution and
enforcement of this Agreement. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision of this Agreement.
17. Acceptance
The Project Manager must accept each phase of the project and provide final acceptance of the
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entire project before payments for each particular phase or final payment for an entire project
shall be made. "Acceptance" shall mean approval, in writing, of the completed installation and
implementation of a project phase or of an entire project, after allowing what the Project
Manager deems to be sufficient operating time in a production environment to allow the Project
Manager to determine that such installation and implementation operates substantially in
compliance with Service Provider's documentation and representations made in Service
Provider's written proposal under P-864. Acceptance testing of a project phase shall not
exceed thirty (30) days and acceptance testing of the completed installation shall not exceed
sixty (60) days unless extensions are negotiated by and agreed to by both parties. The City
shall notify Service Provider in writing immediately upon finding any breach of warranty. Such
breach of warranty shall be corrected as quickly as technically feasible by the Service Provider
at its expense. The City shall have an additional fifteen (15) days from receipt of breach
correction to complete acceptance testing of such correction.
THE CITY OF FORT COLLINS, COLORADO
By:
Jam B O'Neill II, CPPO
Direct of Purchasing & Risk Management
DATE:
TMA SYSTEMS, LLC
B:
Joef
mith
Cxecutive Officer /
Date:
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Exhibit A: Scope of Work
TMA Systems provides a comprehensive suite of professional services to help our clients
improve operational processes, increase productivity and efficiency, and ensure successful
facility management system implementation. Where knowledge of facility operations, project
management and information technology can add value to your organization, TMA Systems can
provide professional services and expertise to meet your business needs.
In order to meet your objectives, TMA will provide services as detailed below:
• Provide implementation services to define data structure.
• Provide importing templates to prepare basic data for importing.
• Importing static data into database.
• Install TMA application and install database.
• Complete set-up of data structure.
• Install and configure Mobile TMA devices.
• Provide end user training on the various features and functions in the TMA application.
Training Agenda
Day 1
Data Structure Review
• Location Hierarchy, Personnel Hierarchy, Repair Centers, User Access
Administrator Setup
• Preferences, Lookup Manager, Repair Center, User Access, Purging Records
System Setup
• Shops, Trades, Personnel, Department, Facility, Entity, Building, Area, Equipment,
Asset, Vehicles, Groups, Job/Task Library, PM Task Sheets
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Day 2
Transactions
• Work Order — Basics
Generating Work Orders, Work Order Browse, Scheduler, Closing Work Orders, Quick
Posting, Printing Work Orders, Request Log
• Work Order — Advanced
Multi —Trade Work Order, Safety & Risk, Estimates, Authorizing, Batch Validation, Linked
Document, Multi —Task Work Order, Multi —Billing Work Order
• PM — Basics
Record Editing, Calendar Based PM, Meter Based PM, Fixed vs. Floating Schedules,
PM Generation
• PM — Advanced
Dual Based PM, Transfer Assignment, Contractor PM
• Project — Basics
Project Record, Tasks, Budgets, Project Requisition
• Project — Advanced
Project Estimate, Authorizing, Pre —Requisite Tasks, Resources, Gantt Charting
Day 3
Materials
• Materials — Basics
Vendor, Manufacturer, Stockroom, Part Records, On —Hand Adjustment, Request for
Quote, Requisition, Receiving, Sales Order
• Materials — Advanced
Part Alternates, Part Kit, Part Transfer, X—Referencing Parts, Tools, Hazardous
Materials, Refrigerants
Mobile TMA
• Install and Configure Palm Devices, Creating Work Order on Palm Device, Transferring
Work Order to Palm Device.
Reports
Report Manager, Ad Hoc Basics
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Exhibit B: Insurance Requirements
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement"
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insured on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverage shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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