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HomeMy WebLinkAbout448535 VERINT VIDEO SOLUTIONS INC - PURCHASE ORDER - 9122437PURCHASE ORDER PO Number Page City Of 9122437 t of' ' `t Collinshis number must appear ` 1 'J on all invoices, packing slips and labels. Date: 04/26/2012 Vendor: 448535 VERINT VIDEO SOLUTIONS INC PO BOX 905595 CHARLOTTE North Carolina 28290-5590 Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS Colorado Delivery Date: 04/26/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 MVSS Maintenance 2012 U per quote 032012 Attn: Mary Macaleer 1 LOT LS 15,156.00 Some or all of the following Federal clauses apply to work conducted under this agreement for the City of Fort Collins Transfort department. 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. 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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes or causes to be made a false fictitious or fraudulent 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 Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Small Purchase of: Verint Software Annual Maintenance support CONTRACT CHECKLIST FOR SMALL PURCHASES Checklist Item Comments 7) Independent Cost Estimate Done The City made and documented an independent cost estimate before receipt of proposals. 9) Unreasonable Qualification Requirements no This solicitation did not contain unreasonable requirements placed on firms in order for them to qualify to do business. 1 2) Arbitrary Action no There was no arbitrary action in the procurement process. (An example of arbitrary action is when award is made to other than the contractor who most satisfied all the City Requirements asspecified in the solicitation and as evaluated by staff. 1 3) Brand Name Restrictions Yes. Requested Brand Name or Equal. When it is impractical or uneconomical to provide a clear and quotes for software accurate description of the technical requirements of the property to be acquired, a "brand support for Verint name or equal" description may be used to define the performance or other system currently in salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that offerors must provide. When using a "brand use by Transfort. name" specification, the City does not need to reverse -engineer a complicated part to Verint and one identify precise measurements or specifications in order to describe its salient other company characteristics. FTA's "Best Practices Procurement Manual," (BPPM) contains additional provided quotes. information on preparation of specifications including examples with s ecific Ian ua e. 1 4) Geographic Preferences No The solicitation contains no in -State or local geographic preference except where Federal statutes mandate or encourage them. 1 5) Contract Term Limitation Yes The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 23) Price Quotations Two quotes were ' Price or rate quotations were obtained from an adequate number of qualified sources. received 24) Clear, Accurate, and Complete Specification Yes A complete, adequate, and realistic specification or purchased description was available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 41 ) Cost or Price Analysis Yes. Previous Either a cost analysis or a price analysis was performed and documented. The price was price and quotes. determined to be fair and reasonable. Price reasonableness based on: Price quotations. Previous purchase. Current price list or advertisement. Value Analysis — copy in file. 42) Written Record of Procurement History Yes The file contains records detailing the history of this procurement. At a minimum, these records include: (1) the rationale for the method of procurement, (2) Selection of contract type, (3) reasons for contractor selection or rejection, and 4 the basis for the contract price. Excluded Parties Search Yes EPS run and include in the file ""�-t'r��� Independent Cost Estimate Date of Estimate: 3/26/2012 Contract Type: Existing Contract or PO (Y/N): N Verint Systems Inc. - Annual (2012) Maintenance on Mobile Video Description of Goods (A) or Services (B): Security System /e obtained the following estimate from; Published Price List / Past Pricing (date) 1/28/2011 - 2010 & 2011 Maintenance Quote / Invoice ering or Techincal Estimate (performed by) indent Third Party Estimate (performed by) Other (specifiy) Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Standard Items Product CPI TOTAL Notes/Data Source 2010 Hardware & Software Support S 14,567.00 2011 Hardware & Software Support S 14,858.00 2012 Hardware & Software Support $ 14,858.00 2.00 % $ 15,155.16 Total $ 15,155.16 B Estimates are based on past pricing plus a 2 % increase for the 2012 CPI increase. C:\Documents and Settings\lliu\Local Settings\Temporary Internet Files\OLK38\ICE - 2012 Verint Mai ntenance.xlsVerint 5/14/2012 veamc wCIIP/MBtF mrE[(fcENCE' QUOTE✓P Verint Systems, Inc. 12110 North Pecos Street Denver, Colorado 80234 DATE: March 20, 2012 Email: Marv. McAleerCWerint wan Phone: 303.450.5904 Fax: 303.450.5950 QUOTE EXPIRATION DATE: June 18, 2012 TO: Attention Name: Dean Erickson Company Name: Transfort Street Address: City, State, Zip: Fort Collins. CO Phone: Email: M - SRLESPERSONe t; ..... .a ... ..._,. OESCRIPTIONOF.'JOB • .. a .. .. «l - 1„i SNIPPING METHOD?'° ^.�: ...s.a ,: -,'..TERMS SHIPPING" ', 'PAYMENT v:.vTERN3� -`JOB TYPE S ' a,.. .., .�.i.. Mary MCAaer Maintenance-2012 Deanna FOB Factory Net 00 care Transit I ., PMTNUMBER MI yDESCRIPTiON I ny h IPRICEPER RUSBIISE9 :, NDMBER OF "�C[xTENDEDPRICE� j MVSS Maintenance - March 1, 2012 to February 28, 2013 $15,156.00 1 $15,156.00 Note: Taxes are not included in price Page 1 of 1 QUOTE TranslT Solutions Attn: John White 913 Song Sparrow Cf. Arnold, MD 21012 DATE: April 25, 2012 Email: iw.transit(nlverizon-net Phone: 410-336-0154 TO: Attention Name: Company Name: Street Address: City, State, Zip: Phone: Email: QUOTE EXPIRATION DATE: Dean Erickson City of Fort Collins 970.224.6105 deric kson(-fcgov.co m July 24, 2012 SALESPERSON ' :DESCRIPTION OF JOB - SHIPPING' .METHOD . SHIPPING TERMS PAYMENT TERMS. John While t Year GW Level Support Ground FOB Origin NET 30 _PART,NUMBER 'DESCRIPTION - UNIT PRICE OT,Y. EXTENDED PRICE WAR-DVR-00003 Warrant - Verint mDVR6s DVR $ 324.00 39 $ 12,636.00 WAR-HDD-00001 Warranty - Verint Hard Drives $ 96.00 41 $ 3,936.00 WAR -CAM Warrant -Internal/External Cameras $ 15.00 225 $ 3,375.00 WAR-MIC-00001 Warrant - Micro hones $ 3.60 69 $ 24840 WAR-ACC-00007 Warrant -G-Force Sensor $ 35.00 39 $ 1,365.00 WAR-ACC-00002 Warrant - External LED Status Box $ 10.00 39 $ 390.00 WAR-REV-00002 Warrant -Verint Review Station $ 324.00 2 $ 648.00 TOTAL: $ 22,598.40 NOTES:...-. .. - .. . . 1. Pricing is based on TranslT Solutions LLC Gold Level Warranty. Includes the following: - Agency responsible for all remove/replace of components from bus - Agency responsible for shipping costs of defective part from agency to TSI offices. - TranslT Solutions responsible for shipping costs of replacement part from TSI office to agency. - TSI responsible to remove / replace defective part. 2. TSI will not charge for the first 10 "No Trouble Founds' that occur in i year. After that, a $25 No Trouble Found Charge will be applied for each component returned that has "No Trouble Found". 3. Warranty term is for 1 year from receipt of order. 4. Customer will be invoiced for 1/12 of the Total Cost on the first day of each month applying to this warranty term. PO PURCHASE ORDER 912243er Page CI�/ OfCollins ��� 9122437 z of 7 `t COI l' „s This number must appear ` ` ' t on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access. to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, 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. 5. 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 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 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 Accounting Department City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 PO Box 580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9122437 3 of 7 This number must appear F6rt Collins 1 1�7 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 30 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. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) 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 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 FTA may issue. (2) 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 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 Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9122437 4 of 7 Fort Collins This number must appear //rIv`�`J'' ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 FTA 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 FTA 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 FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency' s overall goal for DBE participation is 9.9%. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph ( see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) nsion and Debarment 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 Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City OfPURCHASE ORDER PO Number Page ///��� 9122437 5 of 7 `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore- shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 11. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to 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. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 PURCHASE ORDER PO Number Page CIi7/ of PURCHASE 9122437 6 of 7 t Collins This number must appear ` on all invoices, packing slips and labels. 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 $15,156.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcnns and Conditions Page 7 of 7 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local tuxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Conifiean, of Registry 84-6000587 is registered with the Collector or Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay go Infermml Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). exercise any rights Or rcmcdics pmvtded hcrcin or by law, falure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Gaols Rejected. GOODS REJECTED due to failure to mttn spcei Fieallons, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you fur credit and arc not to be replaced except upon receipt of w'ritrat Purchaser to 1111111 upon strict performance hcrofor any of is rights or remedies as to any such goods, n gadlcss insinuations tram the City of Fort Collins. ur w'bcn shipped, received cur accepted, as m any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as u waiver of any of the terns Insfletimh. GOODS arc subject to the City of Fun Collins inspection on arrival. IlI.0f. Final Acceptance. Receipt of the merchandise, .I.iecs Or cyuipuwnt in response to this coder can rc,u It in 12. ASSIGNM ENT OF ANTI] PUS"I'CLAIMS. awhuraod payment it the pun of tire City of Fun Collins. Hiwoer, it is to be undcrswad that FINAL Seller and the Purchaser recognize that in ucral ccanomic practice, overcharges resulting from antitrust ACCEP"I'ANCE is dependent upon completion of all applicable squired inspection procedures. violations are in fact borne by the Purchaser. Theretolurc, for good cause and as consideration fur executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may cruxhive or hereafter Freight Tcnns. Strip nments nhast be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under Fedoml or state amilrest laws or such overcharges relating to the particular goods Or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant Rh this purchase order. bill must accompany invoice. Additional charges for picking will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where murni acturen have distributing points in various puns of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destioatlon, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments err• nude from greater distance. may cause the work to be pedomged by the it" expeditious means available to it, and the Seller shall pay all costs associated I,ith such work. Permits. Seller shall procure at sellers sale cost all necessary pcirl ccniBcatcs and licort,cs required by all applicable laws, regulations, ordinances and miles of the, store, municipality, territory or political subdivision when, the work is perfcrousi, or required by any' other duly constituted public authority having jurisdiction over the work of wcmim. Seller further agrees la hold the City of Fon Collins harmless fmm and against all liability and loss incurred by than by rowan of an asserted or established violation of any such laws, regulations, ordinances, mh•s and requiremens. Authurimtion. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and cmuplIt, uulimity to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hcrcin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or dllTerent terns and conditions pmposcd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the essence Delivery and performance must be effected within the time stated on the purchase enter and the doaummns attached hcmto. No acts of the Purchasers including, without Initiation, acceptance of partial late deliveries, shall operate as a waiver of this Provision. hl fhc event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ufplucing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not rcaeonably foreseeable which are beyond its reasonable control and without its fault ol'ncgligcnce, such acts ofGod, acts ofcivil or military authorities, governmental priorities, fires, strikes, died, epidemics, ours or riots pmv ided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller tint received knowledge thereof. In the event of any such delay, the date of delivery shall be amended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller ..rants that all goods, aniclos, roacnil, and work covered by this order will conform with applicable drawings, sped Ocotions, sanplcs and/or other descriptions given, will be Et for the purposes imended, and performed with the highest degree of care and compelet" in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purcluewr hurnilcss front any loss, damage or expense which the Purchaser may sutEcr or incur on account of the Sellers breach of waranty. The Scllcr shall replace, repair or Imake good, without cost to the foreknow , any d000ts or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperFbel or defective work dune or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall Our constitute a waiver ofuny claim under this warranty. Except as olhenviv provided in this purchase order, the Sellers liability hereunder shall cstond to all damages proximately caused by the breach of any of the foregoing warmntic, or glamntees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRAN"IY OR MERCHANTABILfrY OR OF Ffl'NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser nay make changes to legal toms by wriacn change order. 5. CHANGES IN COMMERCIAL TERMS. 'fhc Purchaser may make any changes to the [erns, other than legal terns, including additims to or deletions fr in the quantities originally Ordered in the specifications or drawings, by verbal or written change order. If any such change aHixvs the amount due or the time of penunnanm hereunder, an equitable adjustment shall be read,. b. TERMINATIONS. 'I Le Purchaser may at any time by written change order, ternminate this agreement as to any or all punions of the goods then nor shipped, subject to any equitable adjustment between the panics m to any work or materials [[tell in progress provided that the Purchaser shall nor be liable for any claims for anticipated front, on the uncompleted portion of the goods andror work, for incidental or consequential damages, and that no such udjum inent be node in favor of the Seller with nv,poe, too any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligaions as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for odjuttment must be axuned within thirty (30) days fmm the date the change or terhninxtion is ordered. S. COMPLIANCE WITH LAW. 'fhc Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict cmnplianec with all applicable laws and regulations to which the goods are subject. The Seller shall cxcc le and deliver such docungems as may be required to erect movidence conhpliance. All laws and resolutions required to be incorporated in agreements of thi, character are hereby incorporated hcrcin by this rticrencc.'I'he Scllcr agrees to iadcnutify and hold the Purchaser harmless from all costs and danagcs suffered by the Purchaser is a result of [he, Sellers failure to comply with such law. 9. ASSIGNMENT. - Neither puny shall assign, transfer, or convey this order, or any mean" due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. I'he Seller warrants full, clear and unrestricted title to the Purchaser far all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrance, and claims of others. I'he Seller shall release the Purchaser and its contracture of any tier from all liability and claims of any nature resulting tram the perfornmance of such work. 'Phis mloxse shall apply Iron in the event of fault at negligence of the pary released and shall extend to the director, officers and employees ofsuch party. 'I'hc Seller's cmnntcmal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is per] 'onnoil or caused to be perl'urnhcd by the Purchaser. 14. PA'I'EN'I'S. Whenevor the Seller is required to use any design, device, nwtcnal or process covered by letter, puterl, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Isom any and all claims Fur ird}iagencut by reason of Ire use of such patunnd design, device, mutcrial or process in connection with the contract, and shall indemnify the Purchaser far any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pun thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said cquipmem or pan is enjoined, the Seller shall, al its own expense and at its option, either procure tin it,, Purchaser the right to continue using said equip mmcut ar puns, replace the same wish subsumially equal but noninBinging equipment, or modify it so it beconos imandiringing. 15, INSOLVENCY. If the Scicr shall become insolvent or bankmpl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers poverty or business, this order may forthwith be canceled by the Purchaser wifhm it liability. In. GOVERNING LAW. 'I'hc ddinitivas of tans used or the interprctatiun of the agrcenrcnt and the rights ofull panics hcrcundcr,'hull be construed under and governed by flu Imes of"the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the serviecs of Sellers Rlpreseauaivc(sk on the premises of other, 17. SELLERS RESPONSIBILITY. the Scllcr shall carry on said work at Seller's ow'm risk until fhc vac is fully completed and accepted, and shall, in case of any accident dostmction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scllcrs .,It expense and to the satisfaction of fhc, Purchaser. When materials and equipment are furnished by others For instullmim or crxrion by the Seller, the Seller shall receive, unload, store and handle same at [he, site and beconhc responsible therefor as fhough such mutcrial, ..,We, cquipnwnt were being famished by [be, Scllcr under the order. 18. INSURANCE. Tire Scllcr shall, at his own expense, Provide for the payment at workers compensation, including occupational disease bcnclits, to its employees employed on or in conectiun with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. "Fire Seller shall also curry comprehensive general liability including, bra not limited to, contractual and automobile public liability insurance with bodily injury and death limit of at Icasl S30Q0O0 for any arc person, $500,000 our any are accident and property damage limit per necidcat of $400,000. 'Fire Scllcr shall likewi,e myuire Ili, contracture, if any, to provide for such eunrpestdlon unit insurance. Before any of the Scllcr or his contractors eaployc s shall do any work upon tire promises of others, the Seller shall furnish the Purchaser with a edifieatc chat such compensation and insurance have been provided. Such cenificates shall specify the date when such canpeasation and insurance have been provided Such ccnilicutes shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be muiatoned until after tire entire work is conhplcied and accepted. 19. PRO1'ECFION AGAINST ACCIDENTS AND DAMAGES. The Sell,, hcrcby assumes the entire ncpousibiliry and liability firmly tad all damage, loss m injury fany kind or nature whatsoever to person or propny cased by or resulting from the execution of the work pmvided for in this purchase order cur in connection herewith. The Seller will indemnify and held harmless the Purchaser and any OF all of ]go Purchasers officers, agents and employees liom and against any and all claims, losses, damages, charges or expenses, whether direct or ini irecl, and whether to person, or property to which the Purchaser may be put or subject by reason of any act action, neglect Omis,ian or default on the pan of the Selleq any of his contractors, or any of the Sellers or contactor oficcn, agents or employees. In case any suit or other proceeding, shall be brought against the Purchaser, or its oticen, agents or employees ut any time on account or by reason of any act action, neglect, umissiun or default of the Seller of any of his contractors or any of it or their officers, agents or employees as afuocxxid, the Seller hereby agrees to assume the dcfunse thereof and to dc[end the same at the Sellers own expcuse, to pay any and all toss, charges, au mcys tees and other expenses, wry and all judgments that may be iucur'ed by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other tier be placed upon or obtained against [he property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the surge to be dissoh'ed and discharged by giving bond or otherwise. The Scllcr and hi, contractor shall take all safety precautions, furnish and install all guards necessary, for the prevention of accidents, comply with all laws and regulations with regard to sagely including, but without lingiutimh, the Occupational Safety and Health Act of 1970 and all talcs ad regulations issued pursuant thereto. Revised 0311010 FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) Verint Software Maintenance support quotes. Terms added to PO. TYPE OF PROCUREMENT Clause _ Professional Operations/ Rolling. Stock Construction '. Materials & - Services/A& E Management Purchase Supplies No Federal Government Obligation To Third Parties X All All All All All (by Use of a Disclaimer False Statements or Claims X All All All All All Civil and Criminal Fraud Access To Third Party X All All All All All Contract Records Changes to Federal X All All All All All Requirements Termination X All All All All All Civil Rights Title VI, EEO, ADA X >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Disadvantaged Business X All All All All All Enterprises DBEs Incorporation of FTA Terms X All All All All All Suspension and Debarment >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$100,000 >$100,000 Resolution of Disputes, >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Breaches, or Other Litigation Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Caro Preference All All All Fly America Involves foreign Involves foreign air Involves foreign Involves foreign Involves foreign air transport or travel transport or travel air transport or air transport or transport or travel b air travel travel Davis -Bacon And Copeland Anti- >$2,000 (including Kickback Acts ferry vessels Contract Work Hours And Safety >$2,500 (except >$2,000 (including Standards Act transportation >$2,500 ferry vessels) services) Bonding $100,000 Seismic Safety A & E for New Buildings & New Buildings & Additions Transit Employee Protective Transit Operations Agreements Charter Bus All School Bus All Drug Use - Testing and Alcohol Transit Operations Misuse - Testing Patent Rights and Rights in Data Research & and Copyright Requirements Development Energy Conservation X All All All All All Recycled Products Contracts for items Contracts for items Contracts for items designated by designated by designated by EPA, when EPA, when EPA, when procuring $10,000 procuring $10,000 procuring $10,000 or more per year or more per year or more per year Conformance With ITS National Architecture ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects ADA Access A & E All All All All Bus Testing All Pre -Award And Post Delivery All Audits City protest procedures Verint Software Annual Maintenance Support Price Analysis, EPLS Independent Cost Estimate: $15,155 (see spreadsheet) Cost of previous annual support for 2010, $14,567. For 2011, $14,858. CPI adjustment: 2.0% or $298. Estimated cost for 2012 support: $15,156. Price Analysis: Quotes were solicited from Verint and one other vendor. No other vendors were willing to provide pricing for the support of proprietary software like this. Prices were as follows: Verint $15,156 Transit Solutions $22,598 Based on our own estimate and the quotes received, the Verint price is fair and reasonable. Like most software suppliers, Verint's support is priced as a percentage of the current cost of the software itself. Being most familiar with their own proprietary products, software suppliers can usually provide the lowest cost support. In this case, only one other vendor provided a price for maintenance and their price was considerably higher than Verint's. Excluded Parties Search, Verint Perti.. List >AWa,[N S—ch >mutipk Names ,E tIlamev d SSWNI ,WEPLS I Recent Updates >6uwse AORecolds >Reclptocy Codes Windows Internet of Fort Search Reauhs for Parties Eic WEeG In Firm, Entirt, or Vessel: Verint Sptems, Inc. As of 254,r To IT 1:02 PN EDT Save to IAVEPLS vavr lurch nrum.d no results. Deck New Search Printer-Frl.ndt, fi IC >S —n Help >Aamrcea search rFs +Puflc U,nn t Nancy >PW >AcronYms >Pbay Ac' P. Aoors >ue. ,s;,aon W Awam ld� . 1 ISASp