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Agenda Item
ASR
Control 22-000598 |
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MEETING DATE: |
08/09/22 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
County Executive Office (Approved) |
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Department contact
person(s): |
KC Roestenberg (714) 567-5075 |
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Thuy Vu-Le (714) 834-2453 |
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Subject: Approve Assignment, Novation
and Consent Agreement HMB Inc. to BPS Technologies
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: N/A
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RECOMMENDED ACTION(S):
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1. |
Authorize the County Procurement Officer or Deputized designee to execute an Assignment, Novation and Consent Agreement in regard to the County contract for OpenText Standard Maintenance & Support for RightFax Software with Harris Mackessy & Brennan Inc. dba HMB Information System Developers to BPS Ventures II, LLC dba BPS Technologies, effective from August 9, 2022, through and including April 29, 2023. |
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2. |
Authorize the County Procurement Officer or Deputized designee to execute Amendment No. 3 to Contract for OpenText Standard Maintenance & Support for RightFax Software to incorporate the Assignment, Novation and Consent Agreement in recommended action above, effective August 9, 2022, through and including April 29, 2023. |
SUMMARY:
Approval of the Assignment, Novation and Consent Agreement will allow the County to continue to receive OpenText Standard Maintenance & Support for RightFax Software.
BACKGROUND INFORMATION:
On April 26, 2019, Orange County Information Technology (OCIT) executed a contract for OpenText Standard Maintenance & Support for RightFax Software with Harris Mackessy & Brennan Inc. dba HMB Information System Developers (HMB) as the result of an Invitation for Bid. The software is used to support fax to email functions and the maintenance and support is required for technical support and software upgrades.
On January 11, 2022, OCIT received notification that BPS Ventures II, LLC dba BPS Technologies acquired all the assets of HMB’s Capture division. Additionally, BPS Technologies informed OCIT that they can continue to legally operate as HMB until all contracts have been novated. Subsequently, on April 21, 2022, OCIT executed Amendment No. 2 to the contract with HMB to continue the software maintenance and support without delay or lapse in coverage.
Upon County Counsel's review, and in accordance with the Contract Policy Manual subsection 3.1-118, it was determined that Board of Supervisors (Board) approval is required for the Assignment, Novation and Consent Agreement (Agreement).
The Contractor’s performance has been confirmed as at least satisfactory. OCIT has verified that there are no concerns that must be addressed with respect to Contractor’s ownership/name, litigation status or conflicts with County interests.
OCIT requests that the Board authorize the County Procurement Officer or Deputized designee to execute the Agreement and approve Amendment No. 3 to incorporate the Agreement in the contract.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Assignment, Novation and Consent Agreement
Attachment B – Amendment No. 3 to Contract MA-017-19011637
Attachment C - Notification of Acquisition