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Home My WebLink About473571 DIRSEC INC - PURCHASE ORDER - 9121189City, ofPURCHASE ORDER PO Number I Page Collins �� 9121189 1 of 7 �t ( V Olt' e 1 �`�7 This number must appear j jon all invoices, packing slips and labels. Date: Vendor 02/28/2012 473571 DIRSEC INC PO BOX 6247 BROOMFIELD Colorado 80021-0005 Ship To: ' MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 02/28/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM: Unit Price Extended Ordered Price I Bid #7317, Checkpoint Firewall ARRA / SGIG Funding 1 LOT LS per bid 47317 Checkpoint Firewall and attached DirSec bid proposal. FEDERAL REQUIREMENTS 118,452.00 To the extent applicable, the terms and conditions under federal law listed below are incorporated into'this Agreement. No Obligation by the Federal Government (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this'contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not_a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by DOE. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Federal Changes Contractor shall at all times comply with all applicable DOE regulations, policies, procedures and'directives, including without limitation those listed directly or by reference in the Grant Agreement between the City of Fort Collins (the City) and DOE, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute'a material breach of this contract. ' Termination a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs and profit on work performed up to the time of termination The Contractor 9u�� 2. 0'fu�SLZ �e_ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collitis Accounting Department PO Box 580' Fort Collins, CO 80522-0580 City of /11�F6etCollins TO: Jim Hume, Senior Buyer FROM: Paul Folger, Director— Infrastructure Services DATE: 28 November 2011 RE: AMFC Firewalls - Independent Cost Estimate Management Information Services 215 N. Mason St. PO,Box 580 Fort Collins, CO 80522 970.221.6790 970.221.6329 fax fcgov. corn Cyber security requirements established for the Advanced Meter Fort Collins project call for creation of a network security boundary for key component systems. The Advanced Meter Infrastructure (AMI), Head End System (HES), wireless data backhaul network (Tropos), and Meter Data Management System (MDMS) will be isolated from other Utilities and Enterprise data networks through dedicated use of fiber optic infrastructure and firewalls. Firewalls with active Intrusion Protection will restrict and control interfaces between AMFC hardware and software and Enterprise storage systems and application programs. Three firewalls will be required. Two redundant units configured for high availability will be deployed at the main data center. The third unit will be installed at the disaster recovery data center. The equipment is manufactured by CheckPoint, the City's standard. The attached spreadsheet lists the hardware, interfaces, and memory forecasted for purchase in the near future. The cost estimate of $164,400 is taken from CheckPoint MSRP lists. Page 1 of 1 AMFC Infrastructure Investment Estimate AMI Firewalls Part Name City MSRP Unit Cost Total Notes Check Point CPAP-SG12207 3 $29,000.00 $87,000.00 FW appliance - primary for CHW - includes IPS blade Check Point CPAC-4-10E- INSTALL 3 $19,000.00 $57,000.00 4 port 10G SFP+ interface card Check Point CPAC-TR-10SR - 9 $1,000.00 $9,000.00 MM fiber 10GBase SFP+ transceiver Check Point CPAC-RAM4GB INSTALL 3 $800.00 $2,400.00 4GB memory upgrade Check Point FW appliance maintenance 24x7 3 $0.00 $0.00 Annual Maintenance - don't know list cost Check Point IPS blade subscription 3 $3,000.00 $9,000.00 Annual subscription Total $164,400.00 Vendors RootG —� Lewanot Root Group � � January 11, 2012 To: Jim O'Neill, Director of Purchasing and Risk Management From: Jim Hume, Buyer Subject: Exception to use of competitive bidding under $200,000 Title: Purchase of additional Checkpoint firewalls for the Advanced Metering Project Budgeted Amount: $ 164,400 (ARRA-DOE grant funds) Purchase Amount: $ Needed software and related hardware will be bid Background: Checkpoint firewalls are the City standard for network security. While the firewalls are available from several sources, we must specify Checkpoint and no other. The purchase of an "equivalent" firewall would require purchasing and training staff to use a separate management system for that system in addition to the one used with Checkpoint. This makes network security more difficult to manage and opens up additional possibilities for a security breach. While I can and will bid for the procurement of the needed Checkpoint products needed, I cannot allow bids on "equivalent" products because the additional cost and risk is not in the public interest. My request is for an exception to the requirement to include "or equivalent" in the bid specifications. In addition to your approval, I will seek approval from DOE Exception to Competitive Bidding Rationale: When the recipient requires supplies or services available from only one responsible source, and no other supplies or services will satisfy its requirements, the recipient may make a sole source award. Public Interest. When the recipient determines that full and open competition in connection with a particular acquisition is not in the public interest. I approve the bidding of a brand name firewall for the reasons you have given. Jim Jim O'Neill, FNIGP, CPPO Director of Purchasing and Risk Management PURCHASE ORDER PO Number Page City of1189 z of 7 `t Collins( v This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery" schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only,be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as,a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 10 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further. obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or. default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Breaches and Dispute Resolution Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City's Director of Purchasing. This decision shall be final and conclusive unless,within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director.of Finance. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Finance shall be binding upon the Contractor and the Contractor shall abide be the decision. . Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 912118er Page City Of21189 s °f l Flirt Collins[ n all invoices, pa appear] /^`��/� ` v " 1 1�7 on all invoices, packing slips and labels: Line Description Quantity UOM Unit Price Extended Ordered Price Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if.the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. DOE Requirements DOE requires specific contract terms for the purpose of making audit, examination, excerpts, and transcriptions. Contractor is required to retain all required records for three years after the City makes final payments and all other pending matters are closed. Contractor shall submit all records, data, information and reports to the City required in the Agreement containing Confidential Information which Contractor does riot want disclosed to the public'or used by DOE or any other Governmental Authority for any purpose other than in connection with this Agreement and the Project, marked conspicuously with the following notice or with a notice or label of substantially the same effect: " Notice of Restriction on Disclosure and Use of Data The data contained in pages ----of this (designate material] have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that DOE shall have the right to use or disclose the data here to the extent provided in the DOE Grant Agreement. This restriction does not limit the Federal government' s right to use or disclose data obtained without restriction from any source, including Contractor." Intellectual Property Contractor may copyright any work that is subject to copyright and is developed by Contractor under the Agreement. To the extent specifically permitted under applicable law, DOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use any copyrightable work developed by Contractor under this Agreement for Federal purposes and to authorize others to do so. DOE has the right to: (1) obtain, reproduce, publish or otherwise use the data first produced under this Agreement; and (2) authorize others to receive, reproduce, publish or otherwise use such data for Federal purposes. Debarment and Suspension Contractor shall comply with requirements regarding debarment and suspension in Subpart C of 2 C.F.R. parts 180 and 901. Officials Not to Benefit Contractor shall comply with the requirement that no member of Congress shall be admitted to any share or part of this Agreement, or to any benefit arising from it, in accordance with 41 U.S.C. 22. Civil Rights Requirements The following requirements apply to the underlying contract: Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102 section 202 of the Americans with 2. one:ge� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort PURCHASE ORDER 9121189r Page 4 of Collinsisnumbees,pac packing 1 I�.J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against,any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements DOE may issue. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, . "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,': 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in.the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed; and that employees are treated during employment, without regard to their race, color, creed, -national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (b) Age . In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (c) Disabilities . In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of.persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue Subcontracts - The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by DOE, modified only if necessary to identify the affected parties. Cargo Preference Requirements To the extent required under the ARRA or other applicable law for this Project, the Contractor agrees: a) to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b) to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill-of-lading.in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Markel Development, Maritime Administration, Washington, DC 20590 and to the DOE recipient ( through the contractor in the case of a subcontractor's bill -of -lading.);. and .c) to include these requirements in all subcontracts issuedpursuant to this contract when the subcontract may Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax:.970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 .City of PURCHASE ORDER PO Number Sag' r f 9121189 ' Fort CollinsIon number must appearV ll` J all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price involve the transport of equipment, material, or commodities by ocean vessel. Project Reporting and Information Requirements Contractor and its personnel shall cooperate with and provide all records, data, information and reports requested by the City, in the form and format and within the timeframes requested by the City, in order to enable the City to comply with the DOE Grant Agreement reporting and information requirements for the Project. Contractor shall also provide the City with any backup or additional documentation required by DOE or any other Governmental Authority. Final Cost Audit In accordance with Applicable Law and the Federal Assistance Reporting Checklist, DOE F 4600.2, DOE reserves the right under the DOE Grant Agreement to initiate a final incurred cost audit in connection with the City' s Project. Contractor and its personnel shall cooperate with, and make all necessary AMI System and Contractor cost data and documents available to the City and/or to any representative of DOE or any other Governmental Authority for purposes of such audit. Job Creation and Retention Reporting Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data regarding the City' s Project job creation and retention, including without limitation, monthly and/or quarterly cumulative and/or current reports, as'applicable, on AMI System and Contractor Services jobs created and retained at the " contractor" or ".Contractor" level by Contractor, as required for the City to comply with the Federal Assistance Reporting Checklist, DOE F 4600.2 and. the ARRA Section 1512 reporting requirements under the DOE Grant Agreement. Final Close -Out Report Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data at the end of the DOE Grant Agreement performance period regarding Project completion. Contractor will complete a final close-out report which shall include such information and detail as the City, DOE or any other Governmental Authority shall request regarding the Project and Contractor services. If the AMI System and the Contractor services are completed or terminated prior to Project completion, Contractor shall provide the City with a final report of the AMI System and the Contractor services through the date of termination of this Agreement. Energy Policy and Conservation Act Contractor will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). American Recovery and Reinvestment Act of 2009 Buy American Source: OMB Circular "A Desk Guide to the Buy American Provisions of the Recovery Act- February 2011" Computer Hardware and Software Server virtualization software and energy efficiency software are not manufactured goods; and thus not subject to the Buy American provisions. Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neillll, CPPO City of Fort Collins. City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of9121189 6of7 Collins This number must appear V on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Cables and connections are examples of types of hardware equipment that could fall within the Buy American Recovery Act provisions because their installation makes them a permanent fixture in the building, similar to electrical wiring and outlets. Specific examples include fiber optic, Cat-5, or other cabling when installed inside walls, ceilings, or flooring; conduit when installed inside walls, ceilings, or flooring; and RJ-45 and other connectors when affixed to a wall or floor. Computer equipment that is built into the building, such as computer systems that are wired into the HVAC system or used to create a "smart building" could fall within the Buy American provisions under the same theory. By contrast, personal computers, file servers, and networking hardware equipment are typically easily removable and not intended to be permanent fixtures. As such, these products are not covered by the Recovery Act Buy American provisions . Other examples of hardware components that likely; are not covered are- laptops or notebook computers, personal digital assistants, hand-held computers, and wireless communication devices; peripheral input/output devices - including keyboards, printers, etc. Economic Stabilization Contracting Employ American Workers Act (b) PROHIBITION: (1) IN GENERAL. -Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1 B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. (2) DEFINED TERM. -In this subsection, the term " hire" means to permit a new employee to commence a period of employment. Wage Rate Requirements SEC. 1606. Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects, funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $118,452.00 Invoice Address: City of.Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Of Tens and Conditions I. COMMERCIAL DETAILS. Tax exemption,. By sable the City of Fort Collins is exempt liom Sac unit loco] ]axes. Our Exemption Number is 9S-04502. federal Excise Tax Exemption Cenificaa of Registry 54-6000587 is registered vah the Collector -f Internal Rsenuc, Dcn\'er Colorado (Ref Colorado Rcvi,cd Sratubs 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to nled speeificst ions, either when shipped artful to defects of damage it, I .... it, may be "funned m you for credit and are not to be replaced except upon receipt of mrineu in,trmon, lima the City o1 Pon Collins. Inspection. GOODS arc subject m the City of Fan Collins inspection on arrival. Page 7 of 7 11. NON W Al VER Failure of the Purchaser to insist upon strict Performance of ill, rents and conditions hcrcof fail.,, or foram cx,rcise ally rights or remedies provided herein or by law, failure to promptly notify ill, Seller in the ,yeas of a breach, the acceptance for payment for ghwds hereunder or approval of the dan,,a, shall not rcicase file Seller of :cry of the tvannntics or obligations of this purclw,, order and shall not be deemed a waiver of ony right of the purchaser to insist upon strict performance lac coforany of its rights or remedies as to any such goods, regardless Of ashen shipped, ma iced or accepted, as to any poor or subsequent default hereunder, nor shall my purponed and modification or rescission of this pu,chusc order by the Purchaser op,ma, as a waiver of any of the Ierms hcrcof. Filial Acceptance. Rcevipt of We merchandise, sen'ices or equipment in response to this order cull result in 12, ASSIGNMENT Of ANTH RUST CLAIMS, authorized payment on th, pan of the City .1 Too Collins. However it is uh be unde,smod that FINAL Seller told the Purchaser recognize that in actual economic practice, oven'hu.gc, resoling firm autilon, ACCEPTANCE is dependent upon completion of all applicable rnluired IrSpoCdUal procedure. vndlation, at in fact borne by the Purehm,r. Theretofore, for gaud cause and us consideration for excaninu this purchase order, We Seller h... by ... i r, to the Purchaser any and all claims if may mar fill•, or hcreatier Freight Tenn.. Shipmmals local be F.O.B., City of Fort Collins, 700 Wood St, Fell Collins, CO 50522, unless acquired under led mal or smite cant., laws for such overchurgcs relating to Ina panitulur goods or servicesotherwise specified on this order. If peroussion is given to prepay freight and charge sep,rody, the original Height purchased .,acquired by the Purchmc. pursuant to this purchase order. bill must accmnpanp invoice. Additional charges for packing will not be accepted. Shipment Distance When, mmciuthcmrcn have dionbutim; points in various puns of file country, shipment is expected fmm the nearest distribution point to destination, and rttes freight will be deducted from Invoice vhen ,bipmcns lie Iliad, fmm grcmcr disance. Pennils. Seller Shu11 procure I S,11, s Sole cost all necessary penults, ccnificutos and licemes required by all applicable laws, rcgulntions, ordinances and rules of the state, municipality, territory or political subdivision where ,be work is performed, or required by any other duly constimsd public authority havingju... diction over 11to work of vendor. Seller further agree. to hold the City of Fort Collins harmless from and agsinsl all liability and loss incurred by them by reason of an asserted or estsblishN viola.ion of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract a ucc that the representatives are. in fact, bona fide and possess full and complete authority m bind Said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the forms and conditions stated herein Set forth and any supplementary or additional forms and conditions annexed hotel. or incorporated herein by reference. Any additional or dilborcnl terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery dale as noted. Time is of the essence. Delivery and performance muss be cflcctrd within I],, time stated on the purchase order and the docurnents unach d liereso. No acts .1 tile Purchasers including, without limitatimh, acceptance of panial late deliveries, shall operate as a waiver of this provision. ill the event orally delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this older Osc,l oc and holding the Seller liable for damages. However, the Seller Shall not be liable fur damages as a resell of dduys due to camcs oat reasonably 1'oresc,eblc which arc beyond its reasonable control and volmm its fault ofa,gliVoac,, such acts of God, acts wren if or milinry authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riors provided that notice of fir, conditions causing such delay is given to the Purchaser within live (5) days of the tittle when the Seller fill received knowledge thcnof. In tire event of any such dcloy, the date of delivery shall be extended for tine period equal in the time actually lost by reason of the delay. 3_WARRANTY. The Seller w•mmnts that all goods, unicles, materials and work co'cled by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be lit for the purposes intended, and performed with the highest degree of care and coripfence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the Falcons.. hamdes from an)' loss, damage or expeme which the Purchaser may suffer or incur on account of fhc Sellers breach of warranty. The Seller shall oTt"o, repair or make gated, wilhon cost m the purciascq any defects or banks arising within one (1) year or bid on such longer period of time as may be p..... bed by layor by the terms of any applicable Warr aq provided by the Seller after the dale of acceptance of file goods furnished hereunder (acceptance not to be unreasonably delayed), resuming from imperfect or defective mark done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitwe a waiver of any claim under thin wvmanry. Exrepa as ohenriae pr-videJ in this purchase order, the Sellars liability hereunder shall exfcnd to all dumares proximately caused by the breach ofany of the toregoing wurmmio, or guar noes, but Such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANT Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES INLEGAL TERMS. The Purchaser may make changes m legal terms by written change order. 5. CHANGES 1N COMMERCIAL TERMS. The Purchaser may make any ch:mgcs m the ferns, other Ihan ],go] rams, including addition, to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aflects the amen due or the time ofperformmae hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrincn change order, fcrmintnc this agreement as Io any or all portions of the goods then rim shipped, subject to any equitable adjtsunent between the panics as to any work or materials then in progress provided that the Purchaser Shall not be liable for any claims for anticipated profits on the uncompleted ponion of Ibe goods and/or work, for incidental or consequential damage, and that no such adjusunenl be made in favor of the Seller with respect many goods which are the Sellers standard stock. No such ternhination shall relieve the Purchaser or the Scllcr orally of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim nor adjustment must be assened within thiny (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good, sold hcreundcr shall Rare been produced, sold, delivered and furnished in Sure, compliance with all applicable Ian, and regulations to which the grads are subjecn. The Seller Shall execute and deliver such document, a, may be required fo effect or evidence compliance. All laws and regullomr, required uh be incorporated in agreements of this character are hereby incorlwramd herein by this Nporence. The Seller agrees to indemnify Slid hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of fhc Sellers failure to comply mills such law. 9. ASSIGNMENT. border party shall assign, transfer, or convey this order, or any monica due or to become due hereunder without the prior written consent of the other party. I0. TITLE. The Seller ware mu full, clear and unrestricted title fo the Purchaser forall equipment, macri ils, and item, furni,hed in performance of This ngmcaont, free slid clear of any and all liens, restrictions, reservations, Security interest encunfbances and claims of ether. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pmchawr direct, the Seller Ice coned n aroma onling or defective goods be a date Io be agreed .,On by the Purchaser and the Seller, and file Seller thercafcr indicates its inability or umvillingnev to comply, the Purchaser may clause the work to be performed by the most expeditious means available m it, and the Seller shall pay all costs associated with such work. The Seller shall rcica,1 the Purchuer and its eonuncfors of any Tier front all liability and claims orally nature revelling liom life perfonname of such work. This ,Jesse shall apply even in the event of fault of negligence of the party released and shall extend I. the directors, olTscrs and employees of such party. The Seller's contractual obligations, including "creamy, shall rim be dccnsd to be reduced, in any war', became such work is pedornied or caused to be performed by the Purchaser. 14. PATENTS Whenever the Scllcr is ,gaimd to use any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indenuify and save harodoss the Purchaser from any and all claims for infringemcnl by reason of the use of such paemred design, device, material or process in connection with the cottbcl, and shall indemnity Ibe Purchaser to, any cost, expeme or damage which if may be obliged to pay by ra... of such infringemcut al any lime during the prosecution or still the eomplctimr of the work. In case said equipment, or any pat Ilao of or the intended use orthe goods, is in Such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at is Option, either procure for the Purchaser dial right to continue using said equipment or pan,, replace the sans with subsuoundly equa but norm inging equipment, or.modify it so it becomes noundringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver ar trustee far any of the Scllcrs progeny or business, this order may tonhw'ith be canceled by file Purchaser without liability. ]I. GOVERNING LAIV. The delinitioas of tears used or the interpretation ofth, agreennmt and the rights -fall panics hereunder Shall be consumed under and govemcd by the laws ofthe Slate of Colorado, USA. The following Additional C-Witions apply only in cases where the Seller is to perform work hereunder, including the services ofSellers Ilep ,sellialie o, on die premise ol'orhers. 17. SELLERS RESPONSIBILI IFFY. The Seller shall carry on said work at Scllcr'. won risk until the Santee is fully completed and accepted, and shall, in cos, of ally accident, desumonon or injury to the work and/or materials before Seller's final completion and ucecpance, complete the work at Seller's own expense and m fhc satisfaction of flic Purchaser. When materials and equipment arc furnished by other, for insullution .r erection by the Scllcr, dare Seller hull receive unload, Shore and handle Sam, at the site and become responsible therefor as though such materials and/or equipment well being furnished by the Seller miter the order. IS. INSURANCE. The Seller shall, m his own expense, provide for the payment of workers compensation, including occupational disease beoelis; to its employees employed on Or in connection With the ork-co,cled by this pureltas{order, and/or to their dependents in accordance with the 1.11 of its slate in which the wedis to be done. The Seller ,bull also carry comprehensive geneal liability including, but not hillited 10, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and property dunlage limit per accident of $400,000. The Seller Shall likovise require his contractors, if ally, to provide for such compensation and insurance. Before anv Of the Sellers or his contractors employees shall do ally work upon the promises of ofhcrs, the Seller shall furnish the Purchaser with a eminent, that Such fhmpemation and insurance have been provided. Such eci ilioa,s Shall Specify the date when Such compensation and insurance have been provided. Such ecnilicates Shall specify the dale when such compensation and insmnnec expires. The Scllcr vL'rces phut such conhpensafion and insumnec shall be maintained until after the entire murk is contplelod and accepted. 19. PRO] ECT'ION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrcby assumes the entire responsibility and liability for any and of damage, lass or injury ofany kind or nature whatsoever to person, or property caused by or resulting front the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hammless the Purchaser and any of all of the Purchasers officers, agents and cmployecs from and against any and all claims, losses, damages, charges or expenses whether direct ar indirect, and whether 1. persons or property m which the Purchaser may be put or Subject by ....on of any an, offal, neglect, emission or default on life pan of fhc Seller, any ol'hiS contractors, or any of the Sellers or contractors ofiicoo, agoras or employees. In coal any suit or other proceedings shall be brought against the Purchaser, or its oll➢ es, agents or enployees, at any time on account or by Teuson of any act, action, neglect, omission or default of tin• Seller ofany of his contractors or any offs or their - icers, age., or employers as aforesaid, the Scllcr hereby agrees to assume the defense thereof and to defend the Santa a tire Sellers owe expense, to pay any and all costs, charges, mlo revs fees and other expenses, any and all judgments Thal navy be incurred by or obtained against tire Purchaser or any of is or their ar icers, -gems or employ',,, it, such suits or other proceedings, and is case judgntanl or other lion be placed upon or obtained against fhc progeny of Ili, Purchaser, or said parties in or as a result ofsuch suits or other proceedings, life Seller will at once cause the same to be dissolved and discharged by giving bond or olhcr,Be. The Seller and his contractors Shall take all safety precautions British and install all guards necessary for the prevention of accidents comply wfill all Imes and regulations with regard to safety including, but without limilation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant dolnto. Revised 0312010 7317 EPLS, DirSec Parties List >Advariced Search > Multiple Names > Exact Name and SSNmN >MyEPLS > Recent Updates • Browse Ay Records > Reciprocal Codes > Procurement Codes > Nonpmcuremerd Codes Bwtud'edi Part es; Li"st; Search Results for Parties Excluded by Firm. Entity, or Vessel: DirSec As of 17-Feb-2012 11:17 AM EST Save to MyEPLS Your search returned no results. Back New Search Printer -Friendly Page 2 of 2 >Search Help ,Advanced Search rips >Public Users Manual >FAO >Acronyms > Privacy Act Provisions •News System for Award Management '(SAM) >Adv ed Reports AMFC Infrastructure Investment Estimate City of Management Information Services Fort Collins 215 Mason St. PO Box 580 Forty Fort Collins, CO 80522 _ 970.221.6790 970.221.6329fax fcgov.com FROM: Paul Folger, Director — Infrastructure Services Jim Hume, Senior Buyer DATE: 28 November 2011 RE: AMFC Firewalls - Independent Cost Estimate - Price Analysis - EPLS Independent Cost Estimate Cyber security requirements established for the Advanced Meter Fort Collins project call for creation of a network security boundary for key component systems. The Advanced Meter Infrastructure (AMI), Head End System (HES), wireless data backhaul network (Tropos), and Meter Data Management System (MDMS) will be isolated from other Utilities and Enterprise data networks through dedicated use of fiber optic infrastructure and firewalls. Firewalls with active Intrusion Protection will restrict and control interfaces between AMFC hardware and software and Enterprise storage systems and application programs. Three firewalls will be required. Two redundant units configured for high availability will be deployed at the main data center. The third unit will be installed at the disaster recovery data center. The equipment is manufactured by CheckPoint, the City's standard. Approval has been obtained for this sole source purchase through normal City procedures. Bids will be solicited from vendors who can supply the needed CheckPoint products. Estimated cost: $164,400 This information was taken from CheckPoint MSRP lists. 7317 Checkpoint Firewall, Price Analysis, DirSec bid Bids were received from two companies. DirSec submitted two bids, one of which included only firewall maintenance and one including all firewall and hardware maintenance. The bid asked for Checkpoint firewall appliance maintenance, which includes both software and hardware. Dirsec's all-inclusive bid met the specifications completely and was lower than the other bid by $18,632. Compared to their competitor and to our cost estimate, Dirsec's bid pricing is fair and reasonable. The award will go to DirSec. Page 1 of 2 AMFC Infrastructure Investment Estimate