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HomeMy WebLinkAbout187499 POUDRE FIRE AUTHORITY / NCRCN - PURCHASE ORDER - 9123266PURCHASE ORDER PO Number Page City Of9123266 ' of s `t CollinsChis number must appear ` 1 ,�7 on all invoices, packing slips and labels. Date: 06/06/2012 Vendor: 187499 POUDRE FIRE AUTHORITY / NCRCN 102 REMINGTON ST FORT COLLINS Colorado 80524 Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER ROAD CITY OF FORT COLLINS Colorado Delivery Date: 06/06/2012 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Regional Comm. Network Access Inv 2012-024 5/1/12 1 LOT LS 4,150.00 In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal clauses apply to this purchase order. 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES (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 FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND 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 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 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 finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts This is a time and materials contract; the grantee determined that no other type of NA. contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost This is not a cost plus a percentage of cost Yes. type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages provisions and the assessment for damages NA. is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking 1) The file contains: Assignability provisions. Yes, #2. 2) The procurement file contains: Price reasonableness determination. 56) Clauses This contract contains the appropriate FTA Yes. required clauses. Excluded Parties Search EPS run and include in the file. Yes. Ed Bonnette From: Mike Gress Sent: Monday, June 04, 2012 8:53 PM To: Ed Bonnette Subject: RE: Invoice from PFA to Transfort for 2012 NCRCN yearly charges Ed, The fee is set by the Board of Directors of the Northern Colorado Radio Communications Network and has remained the same as long as I can remember. The fees go to paying infrastructure costs and maintenance for Northern Colorado. I can get you the number of agencies and total number of radios in the NCRCN if needed. If you need a more formal letter let me know and I will draft one for you. Mike From: Ed Bonnette [ebonnette@fcgov.com] Sent: Monday, June 04, 2012 5:36 PM To: Mike Gress Cc: Ed Bonnette Subject: Invoice from PFA to Transfort for 2012 NCRCN yearly charges Hey Mike, Transfort is trying to pay the attached invoice from PFA for 2012 NCRCN charges of $50 per radio x 83 radios = $4,150. Since Transfort pays with FTA funds, I have to include something in the documentation on why the price is "reasonable". Can you tell me if the $50 per year per radio is a fee set by PFA, by Wireless Advanced, or what? And, anything you can give me on why this fee would be deemed "reasonable" will help. Thanks, Ed Ed Bonnette, C.P.M., CPPB Buyer City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80522 (970)221-6775 Invoice NCRCN u lte Ire c/o Poudre Fire Authority i y 102 Remington 1�- Fort Collins, CO 80524 Invoice Number: 2012-024 Phone: (970) 416-2892 Date: 5/1/12 t Fax: (970) 416-2809 To: Transfort Bus Systems 6570 Portner Road Fort Collins, CO 80525 Attn: Dave Leicester CITY. DESCRIPTION UNIT PRICE TOTAL 83 Radios utilizing Northern Colorado Regional Communication Networks stem $50.00 $4,150.00 0.00 0.00 0.00 0.00 TOTAL DUE $4,150.00 Make checks payable to Poudre Fire Authority/NCRCN THANK YOU! vaocL: 8 �o ►a offs 4w� �i avc� Cwrt�� :� - �4,tSo.oc7 Adc •• 2go9omsk . S4g2t0 42go2ot2 ►� a ( tcow.w t k�G,ro1�/• �l> G�� • `� J pt 2rr �y i ewsc t-lrtc•ACA -_rc- E a-- a,--) 102 Remington Street Fort Collins, CO 80524 May 14, 2012 Dear NCRCN Member, Phone: 970.221.6570 Fax: 970.416-2809 Internet: www.l)oticlre-Ciire.org Poudre Fire Authority has taken on the responsibility of invoicing and collecting yearly charges for the Northern Colorado Radio Communications Network. Your invoice reflects a $50/radio charge based on the number of activated radios Wireless Advanced Communications shows in their system. For radio number discrepancies Poudre Fire Authority would appreciate that you contact Wireless Advanced directly and have them contact us with validated changes. If there is a better contact person or mailing address to send the invoice to please let Connie Iverson know that information (civerson@poudre-fire.org). Thank you for your help in this matter. Mike Gress Operations Chief Poudre fire Authority Contact Information Wireless Advanced Communications Rick Bellendir CETsr Wireless Advanced Communications, Inc. 3901 West Service Road Evans, CO 80620 970-330-9415 Office 970.539-0818 Cell rickbellendir@wiradcom.com I�I — curet Independent Cost Estimate _ I Date of Palate : B/1I2011 — Contract Type. Fasting Contract or PO (V/N)_ N I �I j III Description of Goods (A) or Services tli):I NOMern Colorado Regional Communication Network (NCRCN) Access Charges j F_ I have obtained the following estimate from;I I j— Published Price List /Past Pricing (date) 4/30/2010 1 I Engineering or Tecnincat Estimate (perfumed by)� Independent Third Party Estimate (performed dy)j Other(specify)l I Cost Estimate Details: (Estimate calculated m US Dollars T—i I _ AI 1Cosl of Standartl Items I I Product Oty Per Radio _TOTILII Note slData Source 2009 NCRCN Access Costs 80 $ 50.00 $ 4,000.00 2010 NCRCN Access Costs 81 $ 50.00 $ 4,050.00 _ —Average Cost per Radio I is 50.00 B Estimates are basetl on past pricing_— -- C (Note: Actual costs may vary per year depending on number of radios accessing the NCRCN C� l � �L,/i r� �uxcJltdedtl,'arties, L'sy �yste�n, Search Results Excluded By Firm, Entity, or Vessel : Poudre Fire Authority as of 01-Jun-2012 4:18 PM EDT Your search returned no results. PO PURCHASE ORDER 912326er Page City Of 123266 z °f s `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 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). D. FTA does not require the inclusion of these requirements in subcontracts. 4. 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 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 PURCHASE ORDER PO Number Page City Of 9123266 s °f s ' `t Collins his number must appear ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 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. U 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 PO PURCHASE ORDER 912326er Page Clty, Of23266 a of s Flirt Collins( This number must appear !�,J`' ` v on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 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 %. A separate contract goal [has not] been established for this procurement. 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. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the City of Fort Collins . In addition, is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor s work by the City of Fort Collins and contractor s receipt of the partial retainage payment related to the subcontractor s work. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 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 Of PURCHASE ORDER PO Number Page 9123266 5 of 6 ' `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 8. 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 F, 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 City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 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 accepting this purchase order, the vendor or contractor 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. 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. Total $4,150.00 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 Purchase Ordcr Terms and Conditions Page 6 of 6 I. COMMERCIAL DETAILS. Tax cnempNons. By stable the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-(OM587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet .specifications, either when shipped or due to defects of damage in transit, may be rcbmed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVF.R. Failure of the Purchaser to insist upon strict performance of the temss and conditions hereof, failure or delay to exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wamntic, or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict performance Immofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or srbsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, Wryiecs Or equipment in response to this ardor can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home by the purchaser. Theretofore, for good cause and as consideration for executing this parehase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St.. Fen Collins, CO 90522. unless acquired under federal or state antitrust Imes for 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 to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where ma a factumrs have distributing points in various pans of the country, shipment is If the Purchaser diteds the Seller to cored nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destinmiem, and excess freight will be deducted from Invoice when Purchaser and the Scllcr and the Seller thereafter indicates its inability munw'illingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all crisis associated with such work. Permits. Seller shall parterre at sellers .sale cost all necessary permits, certificates and licenses m quircd by all applicable laws, regulations, ordinances and rules of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins harmless from vad against all liability and loss incurred by them by reason of an asserted or established violation of any .such laws, regulations, ordinances. ndcs and requirements. Authorization. All panics to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tames and conditions annexed hereto or incorpnmtcd herein by reference. Any additional m different terms and conditions pai by seller arc 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 ofthe essence Delivery and performance must be effected within the time .stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of uny delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpincing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fro damages to, a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its finds of negligence, such acts of God, acts ofcivil or military authorities governmental priorities fires. strikes Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pnrchascr within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seiler wamnLa that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any Inns, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Scllcr shill replace, repair or make good, without cost to the purchase,. any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of uny applicable wamnty pmvidcd by the Scllcr ancr the date of acceptance of the goods furnished hereunder (acceptance not to he unmasonably delnycd], resulting from imperfect or defective work done or material, famished by the Seller. Acceptance or use of Bands by the Purchaser shall not constitute a waiver ofany claim ender this wamnty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warmnties or guarantees, but such liability shall in no cvcm include loss of profits or lo, s of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal bras by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tans, other than legal tours. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the galls and/or work, for incidental or consequential damages, and that no such adjustment he made in favor ofthe Seller with respccl to any goods which arc the Sellers standard stock. No such tcminntion shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the galls arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify, and hold the Purchaser harmless from all costs all damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this nrdcr, or any monies due or to become dire hcrcander without the prior %%Tinen consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrc,nicted title to the Purchaser for all equipment, materials, and items famished in performance of this agrcemcm, free and clear of any and all liens restrictions, rcttrvations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of loch work. This release shall apply even in the event of fault of negligence of the parry released and .shall extend to the directors, officers and employees ofsuch party. The Seller's conmcbal obligations. including wamnty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Immune and all claims for infringement by reams of the use of such patented design. device, material at process in connection with the contract, and shall indemnify the Purchaser for any cast expense or damage which it may be obliged to pay by reason ofsach infringement at any time during the prosecution or after the completion o(the work. In ease said equipment. or any pan thereof or the intended use of the goods. is in such suit held to constitute infringement and the use of said equipment car pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nminfringing equipment, or modify it so it beconms noninfringing. 15.INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of cmlints., appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pnrchascr without liability. 16. GOVERNING LAW. The dernition, nrtrrms used or the interpretation ofthc agreement and the rights of all panics hergmder shall be construed under and governed by the laws of the State of Colomdo. USA. The following Addition,,] Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Rquesentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shnll, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the SCIIC,. the Seller shall receive, unload. store and handle amc at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also easy comprehensive general liability including, hat not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast S100,000 for any one person. S500.0m) for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, irony, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and instance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcby assumes the entire rcaponsibiliry and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting form the execution ofthe work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses damages, charges or expenses, whether direct or indirect, and whether to persons or property, to which the Pnrchascr may be put or subject by reason of any act, action. neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contactors officers. agents or employees, In ease any suit or other pm¢cdings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by reason of any act. action, neglect, omission or default of the Sell let of any of his contactors or any of its or their affects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the lime cal the Sellers own expense, to pay any and all costs, charges, anomcys fee and other expenses. any and all judgments that may be incurred 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 lien be placed upon or obtained agninst the pmperty of the Purchase,. or mid panics in or as a result of such suits or other proceedings, the Seller will at ancr. cause the same to be disohcd and discharged by giving bond or otherslm. The Sederand his contractors ,bull take all safety precautions, famish and install all guards necessary for the prevention of accidents comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Hcallh Act of 1970 and all rules and mgu]ations issued pursuant therein. Revised 03/2010 Title: Sole Source 2012 NCRCN Yearly Charges to Transfort from PFA. Date: 6/5/2012 CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an Complete; attached to req 42088. independent cost estimate before receipt of proposals. 10) Unnecessary Experience and Excessive Bonding Unnecessary experience and excessive Yes. bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause Not applicable. that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action There was no arbitrary action in the procurement process. (An example of arbitrary action is when award is made to Yes. other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that "brand Not applicable. offerors must provide. When using a name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 14) Geographic Preferences The solicitation contains no in -State or local Yes. geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior Yes. written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract tens is based on sound business judgment. 18) Award to Responsible Contractor The City made a determination that it was awarding to a responsible contractor considering such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 1. Appropriate Financial, equipment, facility Yes. and personnel. (Y/N) 2. Ability to meet delivery schedule. (Y/N) 3. Satisfactory period of performance. (Y/N) 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from vendor. (Y/N) 19) Sound and Complete Agreement This contract is a sound and complete agreement. In addition, it includes remedies Yes. for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete Specification A complete, adequate, and realistic specification or purchased description was Yes. available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to property respond. 38) Sole Source if other Award is Yes; #1. Note from Michael Infeasible Gress, Division Chief, Poudre Fire The contract file contains documentation that Authority 6/4/2012 states: award of a contract was infeasible under Ed, small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: The fee is set by the Board of (1) The item was available only from a single Directors of the Northern Colorado source. (Verify prices are no higher than price Radio Communications Network and for such item by likely customers.) (2) Public exigency for the requirement did has remained the same as long as I not permit a delay resulting from a o to fees can remember. The g competitive solicitation. paying infrastructure costs and (3) An emergency for the requirement did not maintenance for Northern Colorado. permit a delay resulting from a competitive I can get you the number of solicitation. agencies and total number of radios (4) The FT A authorized noncompetitive in the NCRCN if needed. If you need negotiations. (5) Competition was determined inadequate a more formal letter let me know and after solicitation of a number of sources. I will draft one for you. Mike 39) Cost Analysis Required Cost analysis and profit negations were performed (initial award and modifications) And documented for price reasonableness Yes. was established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. 40) Evaluation of Options The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. (To be Yes. eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 42) Written Record of Procurement History The file contains records detailing the history of this procurement. At a minimum, these records include: (1) the rationale for the method of Yes. procurement, (2) Selection of contract type, (3) reasons for contractor selection or rejection, and 4 the basis for the contract price. 43) Exercise of Options The grantee exercised an option on this contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better NA. than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes The grantee amended this contract outside the scope of the original contract. The amendment was treated as a sole source NA. procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions The contractor did not receive an advance payment utilizing FTA funds and the contract Yes. does not contain advance payment provisions or, if it did, prior written concurrence was obtained from FTA. 46) Progress Payment Provisions The contract contains progress payments based on costs incurred (as opposed to NA. percent of completion) and the contract contains a provision giving the grantee title to roe materials, work in progress, and