HomeMy WebLinkAbout2006-024 Agrmt - TMA Systems
TMA Systems, LLC
5100 East Skelly Drive, Suite 900
Tulsa, OK 74135
800.862.1130
918.858.6655 fax
www.tmasystems.com
Federal Employment Number: 73-1554384
.
:::.: TMASYSTEMS
.
Q Dale Peters Date February 15, 2006
u
0 City of Ashland Valid Through March 17, 2006
t
e 90 N. Mountain Avenue
Ashland, OR 97520 Quote Number WQ 060215-NEW-O
F (541) 552-2292
0
r Client Number NEW
petersd@ashland.or.us
SOFTWARE SOLUTION
. TMA eXpress (Omnis) 4 Concurrent User(s) $ . 7,980.00
Total Software Solution $ 7,980.00
PROFESSIONAL SERVICES
. Basic Training 3 day(s) at $1295.00/day + travel $ 3,885.00
Total Professional Services $ 3,885.00
SUPPORT SERVICES
. Gold Annual Support 1 Annual Support Plan $ 1,197.00
Total Support Services $ 1,197.00
ADJUSTMENTS
. Software Discount 10% $ (798.00)
Less Adjustments $ (798.00)
TOTAL COST OF PROPOSED SOLUTION $ 12,264.00
TMA Systems, LLC . Confidential
3/2/2006 Page 1 of 2
TERMS and CONDITIONS
o Software is subject to TMA Systems. llC Ucense Agreement for the following location(s):
90 N. Mountain Avenue, Ashland, OR 97520
o Interface upgrades and compatibility are subject to continued support of associated vendors.
o Travel. shipping and handling expenses not included.
o Payment is due net 30 days after receipt of software.
o Past due invoices will be charged 1.5% per month.
o These prices do not include applicable sales tax.
o Oracle or Microsoft SQl Server database and any other third party software not included.
o Quotation is for Software. Service and Support referenced on attached Client Profile.
o Software is compatible with systems meeting the requirements outlined on the Systems Requirement attachment.
TMA Systems. LLC
City of Ashland
Wade Quinton
Account Executive
(918) 858-6636 - office
(918) 858-6655 - fax
wade.quinton@tmasystems.com
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TMA Systems, LLC . Confldentlal
3/212006
Page 2 of2
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TMA SYSlEMS, L.L.C. LI(~ENSE AGREEMENT
. . TIlls TMA SYSTEMS. L.L.C. LICENSE AGREEMENT (this "Agreem.ent."). made and entered
m~o tflls 24 day of March, 2006 by and ~etween TMA Systems, L.L.C., an Oklahoma corporation having
pnl1Clpal offices at 5100 East Skelly Dnve. Suite 900, Tulsa, Oklahoma 74135 (the "Licensor"), and the
City of Ashland, a municipality having principal offices at 90 North MOUZltain A VeIlue, Ashland, Oregon
97520(the "Licensee").
PRELIMINARY Sl'A.TEMENT
This Agreero.ent sets forth the ~ mid conditioJ18 under which this Software is Licensed from
Licensor to Licensee. The license consists of a computer Hoftware program in machine-readable form and
related user doCUOlf'!l'l1Ation.
LICENSOR AND UCENSEE, INTENDING TO BE LEGALLY BOUND, AGREE AS
FOLLOWS:
1. DEFlNmONS
"Software" means: A) all of the contents of the disk(s), CD.ROM(s), or other media with which this
Agreement is provided, including but not limited to TMA or third-party software and related explanatory
writtm materials ("Documentation"); and B) modified vursions, upgrades, updates, additions, and copies
of the Software, if any, licensed to Licensee by TMA (,~llectively, "Updates"). "1.icensed Location" is
the physical location of the structures and. buildings for which tW.$ software is to be used as described in
the Client Registration Profile oompleted in connectioIl. with the purchase of this: license. If a Client
Registration Profile has not been completed or retained, then "Licensed Location" :means the buildings or
structutes located at the street address to which this Software has been shipped by TMA. "Licensee
Equipment" is the local area network, oenttal prooessing units, including all terminals, and other
components thereof, situated at the Licensed Locations where this Software will be installed, operated,
and maintained. For purposes of this Agreement, a "local area network" is a set of high-speed links
connecting computer~ at the Licensed Location to one or more computers or networks that are external to
the Licen&ed Location. TMA grants to Liceosee a nonexc:lusive license to use the Software provided that
Licensee agrees to the following:
1. GRANT OF LICENSE
In consideration of the mutual promises and covenants provided herein and for other good and
valuable consideration, and conditioned upon compliance with all of the tcnns and conditions set forth in
the LiceQ&e Agreement, including, but not limited to, ,A.rticle 3 of this Aareement, TMA grants to the
Licensee a personal, nonexclusive, nontransferable license to use the Software and Documentation as 8
$jngle package for Licensee~s inte:rnal use only.
3. USE OF THE SOFlW ARE
licensee may install one copy of the Software onto a hard. disk or other stomge device for use on
the Licensee Equipment. Licensee may use this Software only in connection with operations at the
Licensed Loc::ation. Licensee may make one backup copy of the Software for IU'Chival purposes during the
term of this agreement, provided Licensee's backup copy is not installed or used on any computer.
Licensee may NOT modifY, translate, reverse engineer, decompile, or disassemble the Software, Data, or
Documentation. except to the e1(te.nt $Uclt activity is permitted by applicable law not withstanding this
restriction in order to protect TMA's trade secrets and p1"l'prietary information conta:ined in the Software,
Data or D()eumen.tation. Licensee may NOT sell, rent. lellSe, sublicense, lend, assign, time share, transfer
Of ,arant any rights in the Software to any penon without the prior written consent of lMA which. if
given, is subject to the conferee's consent to the terms and conditions of this license. Licensee may NOT
remove any proprietary Mtices, labels, pr matb on th\:; Software and accompany;ing OQcumentation.
Licensee may NOT use the Software on la wide area network or intranet unless Licensee has an explicit
written exception to this license, signed 1)y TMA. Licensee may NOT use the Software for use in a Call
Center, act as a Service Bureau or pro~ processing (If third party data unless they have an explicit
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written. exception to this license, signed by TMA. TMA CAFM and RS Means are purchased on a per
node basis. .
4. COPYRIGHT
The Software and any copies that Licensee makl~ are owned by TMA. The Licensee recoamzes
that the Software's structure, oraamzation. and code arc the valuable trade secrets ofTMA and shall NOT
be discloaed to any ~on. The Software and Documentation are also protected by United States laws and
~1ica~:Jle in.ternat1onal laws, trea~es, and conventiollf, regarding intellectual ~ or proprietary
r.iihts, mclUS1ve of trade secrets. L1CClJlSCC may not co~y the Software, except as set forth in the ''Use of
the Software" section or the Documentation. Any COP1~\ that Licensee is permitted to make pursuant to
this Agreement must contain the same copyright and other proprietary notices thalt appear on. or in the
Software. Licensee agrees not to modify, adapt, or translate the Software. Ucen&ee also agrees not to
reverse engineer, decompile, disassemble, or otherwise attempt to di8QOve:r the source code of the
Software. Except as stated above, this Agreement does OI)t grant Licensee any intellectual property rights
in the Software. This Agreement provides the terms and conditions undeJ." wWch Licensee is license3 to
use the Software. It is not an aareemeo.t for the sale of the Software to Licensee. Licensee's license is
NOT for sale. Title and copyrights to the Software. and fillY copy made by Licensee, remain the property
oflMA.
5. LIMITED WARRANTY
TMA wamm.ts that for ninety (90) days after purchase of the license by Licensee, the software
shall reasonably oonform to the standards defined in the Documcmtation. The sole and exclusive remedy
fOT a failure of the software to perform in accordance with the Documentation is for Licensee to notify
TMA in writing of the nonperformance within ninety (90) day! of purchase. TMA's sole obligation shall
be to provide Licensee with a performing copy of the software withln a reasonable time after receiving
notification of nonperl'onnanee. Any replKement so1twsre provided under this limited warranty will be
warranted for the remainder of the original warranty perl,)d or thirty (30) days. whicb.ever is lonaer. THE
FOREGOlNG STATES TIlE SOLE AND EXCLUSIVE REMEDIES FOR TMA'S BREACH OF
WARRANTY. 1HE LIMITED W ARRANIY SET FORTH IN THIS AGREEMENT GIVES UCENSEE
SPECIFIC LEGAL RIGHI'S. LICENSEE MAY HAVE OTHER RIGHI'S, WHICH VARY FROM
STATE TO STATE OR JURISDICTION TO JURlSDICnON.
6. DISCLAIMEROFWARRANTIES
EXCEPT FOR 1HE LIMITED WARRANTY SET FORTH ABOVE, TMA MAKES NO
WARRANTIES, EXPRESS, IMPLIED, OR STAnnORY. AS TO ANY O'lHER MAlTERS,
INCLUDING BUT NOT LIMITBD TO NON-INFRINGEMENT OF THJRD-PARTI' RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PAltTICULAR PURPOSE. 1M.A. DOES NOT AND
CANNOT WARRANT TIIE PERFORMANCE OR RESULTS UCENSEE MAY OBTAIN BY USING
mE SOFTWARE. Som.e states or j'W'isdictions do not allow the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above limitations may not apply to Licensee.
To the extent permissible, any implied wa:rrantics are limited to ninety (90) days.
7. GENERAL LIMITATION OF LIABILITY
nm TOTAL LIABlLIlY OF THE UCENSOR (INCLUDING ITS SUBCONTRACTORS
AND SUPPLIERS) FOR ALL DAMAGES, WSSES, .AND CAUSES OF AcnON WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABnJTY), OR OTHERWISE
SHALL NOT EXCEED TIlE AMOUNT PAID FOR THIS UCBNSE. IN NO EVENT, lNCLUDING
NEGLIGENCE AND PRODUCT UABILfIY, Wll.L 1MA OR ITS DIRECTORS, OFFICERS,
EMPLOYEES, OR AGENTS BE UABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, INCLUDING wrrnOUT LIMITATION, ANY LOSS OF DATA OR
WST PROFITS, ARISING OUT OF TIlE USE OR INABILITY TO USE mE SOFTWARE, EVEN IF
TMA OR ITS AUlHORIZED Rm'RESENTA11VE HAS BBEN ADVISED OF THE POssmunv OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABIUTY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO 'IHE ABOVE
l..XMITATIONS MAY NOT APPLY,
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8. GOVEllNlNG LAW AND GENERAL PROVISIONS
This agreement will be governed by the laws ofthc State of OregOIlt excludina the application of
its conflicts of law rules. In any dispute arising out of thi;, Agreement, TMA and Licensee both consent to
venue and jurisdiction of both the state and federal Ct:mIts of Jackson County. Oreaon. Any lawsuit
seeking to enforce or interpret the terms of this Agreemcmt shall be brought in the state or federal courts
located in Jackson County. Oregon. This Agreement will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the application of which is ~res$ly
excluded. If any part of this Aareement is found void and unenforceable., it will not affect the validity of
the balance of the Agreement which shall remain valid imd enforceable according to its terms. Licensee
agrees that the Software will Dot be shipped, transfemd, or exported into any country or used. in any
mRnner prohibited by the United States Export Administration Act or any other export laws. restrictions,
or regulations. Tltis Aareement may only be modified in writing and signed by an authorized officer of
TMA. althou~ TMA may vary the terms of this A.gn:ement in connection with the licensing of any
Updates to LIcensee. This Agreement is the entke aireen1ent between the Licensee and TMA, and
supersedes any otb.ex' communications with respect to tb(: Software. If any provision of this Agreement is
held to be unenforceable, the remainder of this Agreement shall continue m full force and effect.
9. NOTICE TO U.S. GOVERNMENT USERS
Use, duplication or di.5closure by the U.S. Government is subject to rewictions stated in the
Rights in Technical Data and Computet' Software clause nt 48 C.F.R. 252.227-7013.
The parties have executed this agreement by thc,ir duly authori:led representatives on the above
elate.
City of Ashland
By: ~~-,_
Name: Lee Tuneberg
Title: Director of Admini!ltrative Services
e 2005, TMA Syatems, L.L.C. (0110112005)
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PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICBS AGREEMENT (this "Agreement"), made and entered into
this 24th day of March, 2006 by and between TMA Syf:tems. L.L.C., an Oklahoma. corporation having
principal offices at 5100 East Skelly Dri.ve, Suite 900, Tulsa, Oldahoma 74135 (the "Licensor"), and the
City of Ashland, a municipality having principal offices at 90 North Mountain, AVelJlle, Ashland, Oregon
97520 (the "Licensee'').
PRELIMINARY STATEMENT
Licensee has a personal, nonexclusive, nontransfj~able license to use the TIvlA Software licensed
under the TMA Systems, L.L.C. License Agreement of even date separately ~ecuted by the parties. This
license consists of a computer software program in machine-readable forn.1. and related user
documentation (collectively, referred to as the "System"). This Agreement relates to professional services
provided by Licensor for the implementation and mstalltLtion of the System and the training of Licensee
Personnel.
LICENSOR AND LICENSEE, INTENDING TO BE LEGALLY BOUND, AGREE AS
FOLLOWS:
1. DEFINITIONS
In addition to the terms elsewhere defined in this Agreem~nt, the following terms shaH have the m.eanings
set forth in this Section 1 for purposes of this Agreement:
1.1 ltAgreementtl means this Professional Services Agreement including when applicable:
Exhibit A: Installation and Training; Exhibit B: Pre-Implementation Services-Tentative Agenda; Exbjbit
C: 'Training Agenda; and Exhibit D: Rate Sheet, all of which are attached hereto and :lncorporated herem.
1.2 "Deliverable" is the written document identified :W. EAAibit A: InstaJllation and Training,
which Licensor is required to produce in connection with different Project Tasks including, without
limitation, drawings, technical specifications and documentation, estimates, reports, user manuals, a
completed systems installation, and other items, whether :in the form of writing, figures, delineations, or
electronic data. each as prepared in connection with this Agreement.
1.3 "Reimbursable Costs" means the actual c.ut-of-pocket expenses incurred by Licensor in
connection with the services performed herein and includes only the following, to wit: aict'are (economy
class), baggage handling. hotel accommodations (single room rate), auto rental (based upon a mid-level
automobile classification or classification appropriate for the size of the group requiring use of the
vehicle), meals (not to ex.ceed $50 per day per person); laundry and dry cleaning charges (if Licensor staff
is on travel for a period in excess of four (4) days), parking, ground transportation, and toll fees.
1.4 "Non-Allowable Expenses" means persoml entertainment expenses, alcoholic beverages,
travel expenses for family members, use of health facilities (unless included in the price of hotel
accommodations), movies in a hotel and other non-business related costs, or Reimbursable Costs for
which no receiptis produced by Li.censor.
1.5 ttproject Task" means the defined undertaking described in Exhibit A.
1.6 "Project Manager" means Licensor's empk)yee assigned for coordinating, scheduling, and
executing the Project Ta.sks and DeIiverables set forth in Exhibit A.
1.7 "Subcontractor" means each person or finn retained by Licensor to assist in the
performance of the Proj ect Tasks required under this AgrcJement.
Other tenus used but not defmed in this Agreement shall have the m.eaning gi.ven in the TMA Systems,
L.L.C. License Agreement of even date separately executj~ by the parties.
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1. CONSUL TING SERVlCES
2.1 Li.censor agrees to provide its technical knowledge, skill, and expertise to perform the Project
Tasks and to deliver the Deliverables set forth in Exhibit A, Exhibit B, and Exhibit C. Ucensor agrees to
coltlplete the performance of the Project Tasks and deliver the De1iverables in accordance with the time
schedule set forth in Exhibit A During the term of this Agreement, Licensor r(~resents that it will
maintain the ability to perform the services described herein. Licensor shall provide project management,
including plannin~, staffing, and coordination as part of the sexvices to he provided h,emin.
2.2 Licensor shall be responsible for the pr.;)fessional quality, technical accuracy, timely
completion, and coordination of all services furnished by Licensor, its subcontractors and consultants, and
its and their principals, officers, employees and agents UJ\der this Agreement. In performing the specified
services, Licensor shall follow practices consistent with generally accepted profe.!:sional and technical
standards.
2.3 Licensor has the duty to provide assurances that its work product is technically sound within
the generally accepted standards of the Information Systems Industry. Licensor shaU, without additional
compensation, correct or revise any errors or material in Licensor's designs, specifications, reports, and
other serv.ices not in confonn.ance wjth the requirements of this Agreement identified by Licensee within
ninety (90) days following Licensee's acceptance of each Deliverable as defmed to ExbJ.bit A
2.4 Licensor agrees that the Project Manager and other employees will coopente with Licensee in
the performance of services under this Agreement and will be available for consultation with Licensee at
reasonable times with advance notice as to not conflict with. their other responsibilitie:!1.
3. TERM OF AGREEMENT
This Agreement shall commence as of the date [.lrSt set forth above and continue for a period of 180 days,
unless sooner terminated due to one of the fOllowing events: (i) Licensor completes the services required;
(ii) the total Compensation set forth in Section 5 is expended; (lii) the Agreement is terminated under
Sec!ion 9.1 below. Ho~ever, th~ p~ies may agree to eX':end the term. of ~ Agree~ent to comp~ete the
Project Tasks and Dehverables if 1t has been demonstrated to the sat1sfact1on of Llcensee that L1censor
has substantially completed the Deliverables and Project Tasks identified in Exhibit A.
4. INSPECTION AND CORRECTIONS
4.1 Licensee's Right of Inspection. Licensee reserves the right to inspect alL parts of the services
and Deliverables provided by Licensor under this Agreen:.ent, as Licensee reasonably deems necessary.
4.2 Unsatisfactory Performance. If Licensor has not performed the Project Tasks and delivered
the Deliverables in a timely manner, or in a manner rellsonably acceptable to Lictmsee, Licensee shall
notify Licensor in writing that Licensor's perfo~ce is unsatisfactory and that Licensor is in breach of
this Agreement. Licensor agrees to remedy its unsatisfact,)ry performance within fivt: (5) calendar days of
receipt of written notice thereof, or to commence such a remedy and to complete it within a reasonable
time (not to exceed 15 calendar days).
5. COMPENSATION
5.1 Compensation. For the services provided under this Agreement, Licensee agrees to
compensate Licensor in an amount equal to Ucensor's fe(: set forth in Exhibit D (flCou1pensation").
5.1 Reimbursable Costs. In addition to the Compensation set forth in subsection 5.1 above,
Licensee agrees to reimburse Licensor for its Reimbursable Costs incurred each month in the perfonnance
of this Agreement. Licensor shall submit a monthly invoice for any Reimbursable Costs incurred (with
receipts in support thereof) for the previous calendar mlmth. Licensee shall have tbirty (30) days from
receipt to verify and pay the monthly invoice.
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5.3 Invoice. Licensor shall submit an invoice for paym.ent of the services rendered for the designated
incremental periods wherein certain Deliverables and Project Tasks are completed. At a minimum, the
invoice shall specify the date of the invoice, Licensor invoice number, the Project Task and Deliverable
being invoiced, invoice total, and the total amount due &; of the invoice date. Each invoice will represent
the amount billed for the performance of services by Liccmsor based upon the completion of each Project
Task and/or Deliverable and/or Consultant's services. Licensee shall have thirty (30) days to verify and
pay the invoice. The net amount is due within thirty (30) days of receipt of invoice.
6. SUBCONTRACTS
Provided prior approval has been given by Licetl!)ee, Licensor may retain v:mous subcontractors
to assist in the performance of the Project Tasks and Deliverables set forth in Exhibit A. The
compensation to be paid to a retained subcontractor sha!:. be the sole responsibility of Licensor and shall
not require the payment of any additional Compensation under this Agreement.
7. PAYMENT OF TAXES
Licensee shall pay all taxes, duties, levies, and ~tSsessments applicable to and assessable against
any equipment, materials, and services, incidental to or involved in this Agreement including but not
limited to, retail sales and use, transportation, export, import, business, and special tues. Licensee is
responsible for ascertainin.g and acquainting itself with snch taxes and making all nel;essary arrangements
to pay them. The flXed fee established in this Agreement does not include compcmsation for any taxes
Licensee is required to pay by the laws and regulations in effect during the tenn of this Agreement.
8. DISPUTES
8.1 Disputes on Quality or AcceptabOlty of SelMces. If Licensee and LiCE:n80r cannot agree as
to the quality or acceptability of the services performed hereunder, or whether there is a change in the
services and/or the Compensation required under this Agreement, Licensee or Lic.ensor may promptly
give to the other written notice thereof. A written responsl;: shall be given by the other within ten (10) days
thereafter.
8.2 Licensor's Notice. Any notice given by Llcensor pursuant to subsection 8.1 above shall
include any possible claims against Licensee, including the amoWlt of Compensation requested.
Thereafter, Licensee shall, with reasonable diligence, det(mllne the quality or acceptlibility of the senices
or whether a change in the services is required, and/or the Compensation payable to Licensor.
9. RIGID OF TERMINATION
9.1 Both Licensor and Licensee may, upon dlirty (30) days written notice, terminate this
Agreement, in whole or in part, for any reason whatsoever. Upon receipt of such notice, LicenSOr shall:
immediately discontinue the performance of any further services (unless the notice directs otherwise),
deliver all data, drawings, specifications, repo.rts, esti,nates, summaries, and other information and
material as may have been prepared or developed by Licensor pursuant to this Agreement, whether
completed or in progT:'ess, to Licensee. Termination of tbi!1 Agreement shall be effective as of the date that
such notice is received by Licensor unless otherwise spec:iied in the notice.
9.2 Licensor shall submit a final invoice within tl::irty (30) days oftenuination. Licensee shall pay
Licensor Compensation and costs inClllTed up to the effective date of termination. Licensor shall deHver
or otherwise make available to Licensee all Deliverables in the form ill which they l~xist on the effective
date of tennination.
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10. LICENSOR AS INDEPENDENT CONTRACTOR
Licensor represents that it is fully experienc<:d and properly qualified, licensed, equipped,
organized~ and financed to perform the services required under this Agreement. In the performance of the
services required hereunder, Licensor is acting as an independent contractor and not as the agent of
Licensee. Licensor shall maintain complete control over its employees and all of its subcontractors.
Nothing contained in this Agreement or any subcontract awarded by Licensor shall c:rea.te any contractual
relationship between any subcontraCtor and Licensee. Licensor shall perform its sernces in accordance
with its own methods subject to complian.ce with this Agreement.
11. NOTIFICATIONS
Notice to either party to this Agreement shall be deemed given (1) when maned by certified mail,
postage prepaid, or (2) when dispatched by facsimile or electronic mail (and conf11'Il1ed by written
instrument mailed by regular mail. postage prepaid. within 4& hours after such dispatch). Mail shall be
addressed as follows:
Licensor:
TMA Systems, L.L.C.
Attn: Chief Executive Officer
5100 East Skelly Drive, Suite 900
Tulsa, OK 74135
e-mail: sales@tmasystero.s.com
Licensee:
City of Ashland
Attn: Lee Tuneberg
90 North Mountai.n Ave
Ashland, OR 97520
1~-mail:tuneberl@ash1and.llT.US
Notification address can be changed by either party by notification of the other party pursuant to the
p:rovis;.ons of this Section 11.
12. DELIVERABLES
12.1 Each Deliverable, whether finished., unfinished, draft, developed, prepared) completed, or
acquired by Licensor during the performance of services required by this Agreement for which Licensor
has been compensated shall become the property of Ucensee and shall be delivered to Licensee's
representative upon completion of such Deliverable or t~rrmination of this Agreement, whichever occurs
llTst.
12.1 Each Deliverable prepared by Licensor shall be reviewed and approv,ed by Licensee as to
compliance with the requirements of this Agreement. Licensee's approval of a Deliverable shall not be
UIlTeasonably delayed Or withheld.
12.3 Licensee's review and acceptance of a Deliverable shall be solely for the purpose of
determinin.g compliance with requirements hereof and not for fonnat or style or for the incorporation of
additional ideas and functionality. Acceptance shall be granted if the Deliverable conforms in all material
respects to the descriptions set forth in E:ldJJDit A and this Agreement. In the event of Licensee's rejection
of a Deliverable, Licensee shall identify in reasonable detail, with specific references to the requirements
of this Agreement, all deficiencies which require corrective actions or changes to be made by Licensor in
order to make the Deliverable conform to the requirements ofthjs Agreement.
13. RIGHTS IN TECHNICAL DATA
13.1 Documents and Materials Prepared. All documents and materials first prepared or
developed by Licensor pursuant to this Agreement incll1Wng, but not limited to computer software or
database applications, patentable work product, Or othe!' work product entitled to protection under the
la:vs of the United States shall be deemed work made for bire and shall become the property of Licensee
WIthout any restriction or limitation On thcix use, and shc:J1 be made available for tnmsmittal to Licensee
upon request The originals of such documents and materials shall be delivered to Licensee upon
completion of the services or termination of this Agreement. Licensor shall be permitted to retain copies
of such items for its internal use only. Licensee acknowledges tha.t Licensor retains ownership and all
other rights associated with the System and Licensor Intellectual Property (IP) as set forth in the TMA
Systems, L.L.C. License Agreement.
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13.2 Right to Duplicate Tecbnieal Data. Liceruiee shall have the right to use, duplicate, modify,
or disclose the technical data and the infonnationprepared or developed for Licensel~, in whole or in part,
in any manner whatsoever, and to have or permit others to do so.
14. WARRANTY
Licensor warrants that all services shall be in accordance with this Agreement and shall comply
with the standard of perfonnance for a period of ninety (90) days from acceptance ()f the services, In the
event of breach of this warranty, Licensor shall take the necessary actions to correct the breach at
Licensor's sole expense. Such corrective actions shall b.~ carried out :in the most expeditious manner as
pern:titted. by existing circumstances.
15. ASSIGNMENT OF CONTkACTUAL RIGHTS
It is agreed that Licensor shall not assign, transfer, convey, or otherwise dispose of any of
Licensor's rights Or duties under this Agreement, without prior written consent of Licensee wbich consent
will not be unreasonably withheld or delayed.
16 MISCELLANEOUS
16.1 Waiver. The failure of either party to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that party's right to subsequently enforc:e and compel strict
compliance with every provision of this AgTeement.
16.2 Attorney Feet. In the event of any litigation arising out of or relating to this Agreement, the
prevailing party shall be entitled to recover from the wlsuccessful party costs and expenses, including
reasonable attorneys' fees.
16.3 Applicable Law and Fomm Selecli.on. This Agreement shall be governed by and construed
under the laws of the State of Oregon. Licensee herein consents to venue and jurisdi(;tion ofhoth the state
and. federal courts of Jackson County, Oregon. Any lawsuit l>eeking to enforce or illterpret the tenus of
this Agreement shall be brought in the state or federal courts located in Jackson County, Oregon. This
Agreement constitutes the complete and entire agreeml~t between the parties concerning the subject
matter of the present transaction and supet."sede!: any prior representations, understanding,
communications, commitments, agreements or proposals, oral or written, concerning such transaction. No
amendment ot modification of this Agreement shall he effective unless made in writing and signed by
Licensor and Licensee.
16.4 Meaning of Article and Section Headings, The section beadings appearing throughout this
Agreement are for conve:oie:nce of reference only and shall not be deemed to explain, modify, amplify, or
aid in the interpretation, construction, or mearting of the provisions of this Agreement.
16.5 Severability. In the event that any portion of this Agreement is held unenforceable, the
remainder of the provisions shall remain in full force and effect and the parties shall negotiate in good
faith a substitute provision which most nearly affects the parties' intent in entering illlto this Agreement.
16.6 General Limitation of Liability. mE TOTAL LIABILITY OF THE LICENSOR
(INCLUDING ITS SUBCONTRACTORS AND SUPPLIERS) FOR ALL DAMAGES, LOSSESl AND
CAUSES OF ACTION WHETHER IN CONTRACT. TORT (INCLUDING NEGLIGENCE AND
PRODUCT LIABn..ITY), OR OTIIBRWISE SHALL NOT EXCEED mE AMOUNT PAID :FOR
THESE SERVICES. IN NO EVENT, INCLUDING NE(rUGENCE, WILL TMA OR ITS DIRECTORS,
OFFICERS, EMPLOYEES, OR AGENTS BE LIABU~ FOR INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF DATA
OR LOST PROFITS, ARISING OUT OF THE USE OR INABIliTY TO USR THR SOFTW A.RE,
EVEN JF TMA OR ITS AUTHORIZED REPRESEJ'ITA TIVE HAS BEEN .AJ~VISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THlE EXCLUSION OR
LlJ.\.1ITATION OF UABILITY FOR CONSEQUENTIAL OR lNCIDENTAL DAMAGES, SO THE
ABOVE LIMITATIONS MAY NOT APPLY.
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16.7 Force Majeure. Neither party shall be liable, nor be deemed in default for failure in its
performance of its obligations under this Agreement ~'here such failure is due to causes beyOnd the
reasonable control of the party affected, mcludIDg hut nct limited to acts of God, a.cts of the government,
fires, flood, riots, labor difficulties, embargo, and civil commotion.
IN WITNESS WHEREOF, the parties have ca:u:;ed this Agreement to be executed by their duly
authorized representatives as of the above date.
Licensel:: City of Ashland
By: ~ ~s=
Auth:>rized Signature
Name: Lee Tuneberg
Title; Director of Administrative Services
II;) 2005, TMA Systems, LL.C. (01101105)
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MAINTENANCE AGREEMENT
1 TRIS MAINTENANCE AGREEMENT (tbis "Agreement"), made and entered into this
2411 day of March, 2006 by and between TMA Systcns, L.L.c., an Oklahoma cmporation having
principal offices at 5100 East Skelly Drive, Suite 9QO, Tulsa, Oklahoma 74135 (the "Licensor"),
and the City of Ashland, a municipality having principal offices at 90 North Mountain Avenue,
Ashland, Oregon 97520 (the "Licensee').
PRELIMINARY STATEMENT
Licensee has a personal, nonexclusive, nontlansferable license to use the TMA Software
licensed under the TMA Systems, L.L.C. License ~reement of even date separ-ately executed by
the parties. Th.is license consists of a computer software program in machine-readable form and
related user documentation (collectively, referred to 2S the "System").
LICENSOR AND LICENSEE, INTENDING TO BE LEGALLY BOUND, AGREE AS
FOLLOWS:
1. SOFrW ARE MAINTENANCE
1.1 Licensor shall provide to Licensee all modifications to the System in the form of
maintenance releases and future releases that Licensor makes generally available to all end-users.
1.2 Such modifications, when delivered, shall become part of the System, shall be
maintained in accordance with this Agreement, and llhall otherwise be subject to all of the terms
of the TMA Systems, L.L.C. License Agreement.
2. ERllOR CORRECTION
2.1 Licensor shall correct, within a reasonable period of time, any material reproducible
error or malfunction in the System. Licensee agrees to notify Licensor of any such material errOr
or malfunction in the System. immediately upon Licensee' 8 detection. If Licensor, in its
discretion, requests written verification of a material.m'or or malfunction discoVI~ed by Licensee,
Licensee shall immediately provide such verificaJion, bye-mail. facsimile transmission or
overnight mail, setting forth in reasonable detail the respects in which the System fails to
perform. Licensor agrees to commence correction within eight (8) business hours after receiving
notice from Licensee of such material error or malfunction. An error or malfunction shall be
"material" if it represents a material nonconformity with Ucensor1s current published
specifications for the System and Licensee, in its discretion. detennines (and 110tifies Licensor)
that such enol' or malfunction unreasonably restricts Licensee's use ofthe System.
2.2 Licensee shall reimburse Licensor at Lie.ensor's then-current time and material rates
for all work of Ljcensor spent investigating an error or malfunction that Licl~nsor reasonably
determines to have been caused by a modification to the System that was neither made nor
authorized by Licensor.
3. SUPPORT
Licensor shall, duriJJg the hours of 7:00 a.m. ':0 5 :00 p.m. CST on weekdays (exclusive of
h?.lidays), make reasonable support available to Licm.see's Project Leader or other personnel of
~censee who have b~ fully trained by Licensor in the use of the System. This support shall be
Vla phone, fax, e-matl, and access to www.tmasyslems.net (Internet support site).
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4. OTHER MODIFICATIONS
Licensee may at any time request that Licensor make additional modifications to the
System to add functionality or improve performance. Licensor shall, within sixty (60) days after
receiving Licensee's request in writing, take one Gf the following actions, ill Licensor's sole
discretion:
· Notify Licensee that Licensor has detennined that the modification would be of
sufficient interest to enough end-users that Licensor intends to provide such
modification as part of its regular mainJ.mance service. Such notiCtl shall specify au
estimated date on which the modificatioll may be supplied.
· Notify Licensee that Licensor has determined that the modification will be
undertaken only on an individual basis and if requested, will provide Licensee with a
written estiIIUl.te of the charges for perfomling such modification. If Licensee accepts
Licensor's proposal by written notice,. Lic:ellSor agrees to perform the modification for
the estimated charges plus out-of-pocket expenses for travel and tnaterials. Should
Licensee revise its request for modjjication after Licensee accepts Licensor's
estimate. Licensee acknowledges that Licensor may impose additional charges,
calculated at its theo~cUrIent time and material rates, for work performed to
accommodate those revisions.
· Notify the Licensee that Licensor ha~: determined that the modification is not
technically feasible.
5. DELIVERY
In order to satisfy any delivery obligation hereunder, Licensor may, at its option, send
Licensee a sinale copy of any modification, error correction, or release to the System, together
with instructions for Licensee's installation and iJ:nplem.entation thereof.
6. CHARGES
6.1 Licensee shall pay Licensor an agreed upon annual maintenance fee. The fust such
annual fee for the 12-month period commencing on the date Licensor installs th(~ System shall be
due and payable nmety (90) days after such imtallatiC'D..
6.2 At least thirty (30) days prior to the end of the initial term or any renewal term of
maintenance services, Licensor shall send to Licensef' a renewal invoice for maintenance services
for the subsequent twelve (12) month period. Each Hubsequent annual maintenance fee shall be
due and payable within thirty (30) days of the beginning of each such 12-month period. If
payment is not made within sixty (60) days of the stu't of any renewal term, Li'~ensor will cease
providing maintenance services to Licensee and this Agreement will automatically terminate
without further responsibility on Licensor. After the initial 12-month perio<l; Licensor may
increase the annual mamtenance fee by an amount no greater than S% of the previous annual
maintenance fee. In no event will Licensor increase the annual maintenance fee other than on an
anniversary of any 12-month period, except if additional Licensor software options or users are
added to the System. In addition, Licensee agrees to the following:
6.2.1 Licensee agrees to pay all charges resulting from additional functionality,
improved performance. or other modificatior..s provided to Licensee based on Licensee's
specific request El.tld agreed to in writing by Licensee.
6.:2.1 Licensee agrees to pay all chargelJ :J:'esulting from issues caused by
exceeding the recommenifed data specifiClltions. (Exceeding the recommended data
specifications may impact data integrity.)
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6.2.3 Licensee agrees to pay when. due (or reimburse Licensor, as applicable, for)
any applicable sales, use, property, excise, and other similar taxes. A monthly interest
charge at the rate of one and one-half pClcent (1-112%) or the maximum legal rate,
whichever is less, will be assessed on all charges more than thirty (30) days past due,
Licensee's obligation to pay the amounts due or. to become due under this Section 6.0
shall be absolute and unconditional and shall not be subject to any :reduction, setoff,
defense, C<Juuterclaim, or deferment for any reason whatsoever.
7. OWNERSHIP
The modifications to the System, including all intellectual property rights associated
therewith, made or provided by Licensor pursuant te' this Agreement, whether alone or with any
contributi,Qn from Licensee or its personnel, shall be owned exclusively by Licensor. To the
extent Licensee or its personnel may acquire any right or interest in such modifications or
associated intellectual property by operation of law, Licensee h':revocably assigns all such right
and interest exclusively to Licensor. Licensee shall maintain and enforce agreements and policies
with its personnel sufficient to give effect to the provisions of this Section 7.
8. LIMITED WARRANTY
8.1 Licensor warrants that it will render its services under thi.s Agreement in a good and
workmanlike manner.
8.2 As Licensor's sole r.esponsibility and Licensee's exclusive remedy j:or any breach of
subsection 8,1 above) Licensor shall make a reasonable effort to remedy any such breach reported
to Licensor by Licensee within ninety (90) days following the provision of servkes or the date of
required provision of services.
8.3 EXCEPT AS EXPRESSLY SET FORm IN THIS SECTION 8, UCENSOR
MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY
MATTER WHATSOEVERl INCLUDING, WITIlOUT LIMITATION, ITS SERVICES, THE
SYSTEM, lHE DESIGN OR COND.mON OF TIm EQVIPMENT OR ANY
PROGRAMMlNG, OR ANY OUTPUT BASED ON USE OF THE SYSTl'::M. LICENSOR
SPECIFICALLY DISCLAIMS, WITIlOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABIUTY OR FITNESs FOR A PARTlCULAR PURPOSE.
9. GENERAL LIMITATION OF LIABILITY
THE TOTAL LIABILITY OF TIiE LICENSOR (INCLUDING ITS
SUBCONTRACTORS AND SUPPliERS) FOR AJ:"L DAMAGES, LOSSES, AND CAUSES
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND
PRODUCT LIABILITY), OR OTIIERWISE SHALL NOT EXCEED TIm FEES ALLDCABLE
TO THE SERVICE lEA T GIVES RISE TO TIlE CLAIM. IN NO EVENT, INCLUDING
NEGLIGENCE AND PRODUCT LIABll...ITY, "'ILL LICENSOR OR ITS DIRECTORS)
OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION,
ANY LOSS OF DATA, LOST PROFITS, COST OF CAPITAL, CLAIMS OF LICENSEE FOR
SERVICE INTERRUPTIONS OR FAILURE OF SUPPLY, AND COSTS AND EXPENSES
INCURRED IN CONNECTION WIlli LABOR, OVERHEAD, TRAl'JSPORTATION,
INSTALLATION, OR REMOVAL OF EQUIPMENT OR PROGRAMMmG OR
SUBS'IlTIJTE FACILITIES OR SVPPL Y SOURCES.
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10. TERM
10.1 This Agreement shall commence on the date of Licensor's acceptance of this
contract; as set forth at the end of this Aireement. Unless sooner terminated in accordance with
this Section 10; thi$ Agreement shall continue in effect for (1) year renewal terms. Agreement
will be deemed renewed if payment of renewal invoice is made within thirty 010) days after the
start of tbe renewal term. If payment is not made within sixty (60) days after the start of the
renewal term, Licensor will cease providing maintenance services to Licensee and this
Agreement will automatically terminate without furth.er responsibility on LicensEle or Licensor.
10.2 In addition to its termination rights set forth in Section 10.1 above, Licensor may
terminate this Agreement by giving written notice of termination to Licensee upon the occurrence
of sny of the following events:
10.2.1 Licensee defaults in the performance of any requirermmt or obligation
created by this Agreement, the TMA Systems, L.L.C. License Agreement, any
Equipment Lease Agreement, any Equipment Purchase Agreement, or any other
agreement between Licensor and Licensee;
10.2.2 Licensee fails to make any payment to Licensor within thirty (30) days of
its due date, whether under this Agreement, or the lMA Systems, L.L.c. License
Agreement;
10.2.3 Licensee ceases dom.g business;
10.2.4 Licensee is the subject of any state or federal bankruptcy, insolvency, or
similar proceeding, becomes insolvent, or makes an assignment fo:r the benefit of
creditors;
10.2.5 A receiver is appointed for a sl.lbstantial part of Licensee's assets;
10.2.6 licensee becomes unable to pay its debts when due;
10.2.7 Any action is taken toward the liquidation or winding up of Licensee's
business;
10.2.8 An agreement between Licern ee and its creditors aenerally is entered into
providing for extension or composition of Lkensee's debt; or
10.2.9 Licensee suffers a materially adverse change in its fInancial condition or
operations.
10.3 Upon and after any termination of this Agreement:
10.3.1 Licensee, its receivers, ttust.~es, assigns, or other representatives shall
immediately cease using and shall return without delay all property belonging to
Licensor, including, without limitation, all manuals and informationallTh"lterials furnished
by Licensor to Licensee.
10.3.2 Neither Licensee, its recejver9, trustees, assigns, or other representatives
shall, in advertising or otherwise, use or display any of Licensor's trademarks; trade
names, or logos, OX" any name, mark, or logo that is CQnfusm.gly similar to Licensor's
trademarks.
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. 10.4 No termination of this Agreement shall release Licensee from any obligation to pay
Licensor any amount that has accrued or become paYlble at or prior to the date of tennination.
10.5 All communications from Licensee re:.ating to the te:rminaHon. of this Agreement
shall be directed to Licensor at the address indicated:m the first page of this Agreement. No sales
penon or field representative of Licensor shall be authorized to act or make any commitment for
L!censor except pursuant to written instructions mac.e and signed by a duly appointed officer of
Licensor.
11. DELAYS
The date on which Licensor's obligations are required to be fulf1lled will be extended for
a period equal to the time lost by reason of any delay arising directly or indirectly from (1) acts of
God, Wlforeseeable CirCumstanCC5, acts (including a delay Or failure to act) of any governmental
authority, war, riot, revolution, fires, floods, strikes, labor disputes, sabotage, or epidemics; (2)
inability to perform due to causes beyond L:i.censor's l'i;:asonable control (3) inability to obtain
timely instructions or infOIl1lation from Licensee, or necessary and proper labor, materials,
components, facilities, or transportation to perfonn; or (4) any other cause bl~nd Licensor's
reasonable control. The foregoing extension will apply even though such cause(s) may occur after
Licensor's performance of its obligations has been del ayed for other causes.
12. GOVERNMENTAL AUTHORIZATIONS,
Licensee will be responsible for timely obt~ining all required authori,~ations. Licensor
will not be Hable if any authorization is delayed, deded, revoked, restricted, or not renewed and
Licensee will not be relieved thereby of its obligation~ to pay Licensor under Section 6 above.
13. NOTICES
Any notice to a party required or permitted under this Agreement shall be sufficiently
given only when provided in writing, and either personally delivered. sent via certified or
registered maill or sent via facsimile with hardcopy sent via regular U.S. Mail within three (3)
business days, to the party's address indicated. herdn. Licensee shall promptly give Licensor
notice of any address ohange.
14. MISCELLANEOUS
The failure of either party to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and compel strict
compliance with provisions of this Agreement. Thh Agreement shall obligate: and benefit the
parties, theJr personal representatives, heirs, successors, ana assigns. Licensor .may assign all or
any part of this Agreement, but no assignment or transfer of any interest in this Agreement may
be made by Licensee without the prior written consent of Licensor. In the event that any portion
of this Agreement is held unenforceable, the remaindl~r of the provisions shall remain in full force
and effect and the parties foh.all negotiate in good failh a substitute provision w}tich most nearly
affects the parties' intent in entering into this Agreement. 1bis Agreement shall be governed by
and construed tmder the laws of the State of Oregon. Licensee herein consents to venue and
jurisdiction of both the state and federal courts of Jadcson County, Oregon. Any lawsuit seeking
to enforce or interpret the terms of this .Agreement shall be brouaht in the state or federal courts
located in Jackson County, Oregon. This Agreement constitutes the complete and entire
agreement between the parties concerning the subject matter of the present transaction and
supersedes any prior representations, understanding, communications, commitments, agreements
or proposals, oral or written, concerning such transaction. No amendment or modification of this
Agreement shall be effective unless made in writing and signed by Ucensor and Licensee.
Any provisions in any purchase order, quotation, acknowledgment or other fOIIIlS or
contract documents applicable to any service} performance, purchase, or other transaction that are
5
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PAGE 13
inconsistent, or in conflict, with any of the provisions of this Agreement or the TMA Systems,
L.L.C. License Agreement will be ineffective and inapplicable, unless the inconsistent or
conflicting provisions are in a written agr:eement d~\ted subsequent to the effo~t{ve date of this
Agreement and signed by Licensor.
By execution hereof, the person signing for Licensee below certifies thatt he/she has read
this Agreement and that helshe is duly authorized to execute this Agreement on behalf of the
Licensee.
IN WITNESS WHEREOF, the parties haV(l caused this Agreement tel be executed by
their duly authorized representatives as of the above date.
Licensee: City of AsWand
By: .LJltI ~
Authorized Signature
Nan:te: Lee Tuneberg
Title: Director of Administrative Services
02005, TMA Sy$tcms, L.L.C. (OllOl/OS)
6
CITY RECORDER'S COpy
Page1/1
,.,
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
3/13/2006 I \
06674
VENDOR: 010757
TMA SYSTEMS LLC
5100 EAST SKELLY DRIVE STE 900
TULSA, OK 74135
SHIP TO: Ashland Building Maintenance
(541) 488-5358
90 N MOUNTAIN AVENUE
ASHLAND, OR 97520
FOB Point:
Tenns: Net
Req. Del. Date:
Speclallnst:
Req. No.:
Depl: PUBLIC WORKS
Contact: Mike Morrison Sr
Conflnnlng? No
TMA Express Software Solution
(4) Concurrent Users
(3) Days Basic Trainin~
Annual Support
Software Discount 10%
7,980.00
3,885.00
1,197.00
798.00
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
122 .
0.00
0.00
12,264.00
'" : .~.~ ~~;: ~ , ' " " . "
- , .' + ' ~p . ,
-
E 710.08.24.oo.60232( 12,264.00
/
#()(" ~ 5//15"'"
A Signature
VENDOR COPY
A. request for a Purchase Order
REQUISITION FORM
CITY Of
ASHLAND
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request: I 3/0712006
Required Date of Delivery/Service: I
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
TIIA SYRtAmRJ llC
5100 East Skelly Drive, Suite 900
Tulsa Ok. 74135
(BOO) 862.1130 Fax (918) 858-6655
Wade Quinton
SOLICITATION PROC_
Small Procurement
o Less than $5,000
o Quotes (Optional)
Intermediate Procurement
~ (3) Written Quotes
(Copies attached)
Sole Source
o Written findings attached
o Quote or Pro attached
CooD8l'8live Procurement
o State of ORN/A contract
o Other govemment agency contract
o Copy of contract attached
o Contract It
Reauest for ProDOllI
(Copies on file)
SDecIaII ExemDt
o Written findings attached
Quote or Pro attached
Emeraencv
o Written findings attached
o Quote or Pro attached
Invitation to BId
(Copies on file)
Description of SI!RVlCI!8
D Per attached PROPOSAL
1 Ea.
Description of MATI!R1AL8
TMA Express, Software Solution, 4 Concurrent Users
Unit Price
Total Cost
Item # Quantity Unit
$7,980.00
1
Ea.
Ea.
Annual Su rt
$1,197.00
-$798.00
$7,980.00
$3,885.00
$1,197.00
1
Ea.
3
$3,885.00
Software discount 10%
D Per attached QUOTE
Project Number ______. ___
AccOunt Number 710.08.24.00.602320
· Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request. ,
Employee Signature: SupervisorlDept. Head Signature: LA: "-.r..~,tlr7 JfLJ. ~
G: Finance\Procedure\AP\Forms\mainlllnance software requisition.doc
Updated on: 3171'l.fnJ
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
March 13, 2006
Karl Olson
Michael J Morrison
Building Maintenance .software
After reviewing several different software programs, we have determined that the one
that meets our needs is the program from TMA Systems LLC. We reviewed four
programs and found that this program will work well with our network, and has the
support that we will need. One of the other programs we'reviewed would only work on a
Oracle Database system, so that program will not work for us. We had one price quote
that was lower, but they offered no direct sales or support. All sales and support are
handled by a third party, and the support is only handled bye-mail. That program also
did not have the features that we need. The program that meets our needs comes with
unlimited phone support, and onsite training. The fourth company that we tried to get a
quote from did not respond to our inquiry. We sent several e-mail, and left phone
messages, with no response.
TMA S stems LLC
Innovative Maintenance S stems
Famis Software Inc.
Maintenance Connection
Meets our r uirements
Third art su ort-Emailon!
Will not work on our network
No Res onse
$12,264.00
$6,170.00
Michael J. Morrison
Maintenance & Safety Supervisor
MaIntenance Department
90 N. Mounlain Ave.
Ashland, Oregon 97520
morrismOashland.or.us
Tel: 541-552-2355
Fax: 541-552-2304
TTY: 8Q(). 735-2900
~A'