Loading...
HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9125589City of Fort Collins PURCHASE ORDER PO Number Page 9125589 1of7 This number must appear on all invoices, packing slips and labels. Date: 10/23/2012 Vendor: 289716 Ship To: ENGINEERING DEPT-MASON INSIGHT PUBLIC SECTOR INC CITY OF FORT COLLINS 22721 E MISSION ENGINEERING DEPT-MASON LIBERTY LAKE Washington 99019 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 10/23/2012 Buyer: ED BONNETTE Note: PER QUOTE #14385922 FROM TONE TUSKAN DATED 18-OCT-12. PLEASE SHIP TO ATTN: DEAN ERICKSON; CONTACT #(970)224-6105. FACILITY VIDEO SECURITY DVR SOFTWARE. Line Description Quantity Ordered UOM Unit Price Extended Price Software per quote #14385922 1 LOT LS 3,437.10 for video security DVR's 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 v 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: Facility Video Security DVRs CONTRACT CHECKLIST FOR SMALL PURCHASES Checklist Item Contract File Comments Location 7) Independent Cost Estimate 7254 Bid file Completed 6/5/12 The City made and documented an independent cost estimate before receipt of proposals. 9) Unreasonable Qualification No Requirements This solicitation did not contain unreasonable requirements placed on firms in order for them to qualify to do business. 11) Organizational Conflict of No 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 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 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 as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions NA 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 offerors must provide. When using a "brand 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 No The solicitation contains no in -State or local geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation No The contract period of performance for rollin 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 obtained for Price or rate quotations were obtained from each item 10/18/12 & 10/19/12. an adequate number of qualified sources. 24) Clear, Accurate, and Complete Yes Specification 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 Price Analysis based on two Either a cost analysis or a price analysis was quotes received for each item. performed and documented. The price was 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 The file contains records detailing the history of this procurement. At a minimum, these 1. Yes records include: 2. Yes (1) the rationale for the method of procurement, 3. Yes (2) Selection of contract type, 4. Yes (3) reasons for contractor selection or rejection, and 4 the basis for the contract price. 56) Clauses Yes This contract contains the appropriate FTA re wired clauses. Excluded Parties Search Yes 10/18/12. EPS run and include in the file VA41i Search Results Excluded By Firm, Entity, or Vessel : Insight Public Sector as of 18-Oct-2012 5:44 PM EDT Your search returned no results. Ed Bonnette From: Adam Ryan <adamrya@cdw.com> Sent: Thursday, October 18, 2012 3:36 PM To: Adam Ryan Subject: CDW-G Quote Confirmation: Quote #DBCH623/P.O. Ref. MS SRV 2012 STDQUOTE Attachments: DBCH623.pdf DEAR JOHN HUSTED, Thank you for considering CDW-G for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE DETAILS ,N i s Requested: 10/18/2012 Subtotal: $3,626.70 1 Quote #: DBCH623 Customer Number: 6109582 Quote Reference: MS SRV 2012 STDQUOTE QUOTE,DETAILS LIST ITEM QTY CDW # UNIT PRICE EXT. PRICE ---- MS GSA WIN SRV STD 2012 6 2802822 $604.45 $3,626.70 ❑x 2PROC Mfg. Part#: P73-05876 Electronic distribution - NO MEDIA Contract: CDW-G GSA Schedule (GS-35F-01953) Go to Site SHIPPING DETAILS' Shipping Address: CITY OF FORT COLLINS JOHN HUSTED 215 N MASON 3RD FLR MIS DEPT FORT COLLINS, CO 80522-0580 Subtotal: $3,626.70 Shipping: $o.ob Sales Tax: $0.00 GRAND TOTAL: $3,626.70 ❑" c i Phone: (970) 217-9143 - Shipping Method: ELECTRONIC DISTRIBUTION Payment Terms: Master Card / VISA I 1 SALES CONTACT INFO Adam Ryan (866) 682-0927 1 adamrya(a)cdw.com Help and Information. Support I About Us I PPivacy Policy I Terms and Conditions This email was sent, to adaamrvaPcdw coma - - - Please add cdwsales(a�cdwemail.com tb your. atldress book - © 2012 CDW G LLC; 200 N: Milwaukee Avenue; Vernon Hills; IL 60D61 800 808.,4239 �, 5151'SPSefc76ca-96d4-4012-8f47-62384f8950fd', 2 FTA Small Purchase: Facility Video DVRs rev 10/23/12 ecb Cost for 6 x DVRs: $45,792.54 CDW-G Adam Ryan quote 8098177 dated 10/18/12 $45,871.74 Lewan Cindy Jacquot quote 8099575 dated 10/19/12 Cost for Associated Software: $3,437.10 Insight Tone Tuskan quote 14385922 dated 10/18/12 $3,626.70 CDW-G Adam Ryan quote DBCH623 dated 10/18/12 F6rt of Memo To: Kurt Ravenschlag, General Manager From: Dean Erickson CC: Craig Dubin, Karl Gannon Date: 10/30/2012 Re: 50.05.28 -MAX BRT Purchase of Facility Video Security DVRs MAX BRT Purchase of Facility Video DVRs The Facility Video Security DVRs are to be used for storage of the Facility Video Security for the following facilities; MAX BRT Platforms and Stops, South Transit Center, Transfort Maintenance Facility, Downtown Transit Center and CSU Transit Center. The budget from the MAX ITS costs summary sheet for DVRs is $206,591.00. The authorization to purchase the DVRs using the State of Colorado or Western States Contracting Alliance has been approved by the City Purchasing Department. The Quotes have been provided by the IT department Systems group. Six of the DVRs will be purchased now and six additional DVRs to be purchased in 2013. There will be a total of twelve servers purchased. The DVRs cost comes in at $45,792.54 The Software comes in at $3432.10 The total comes in at $49224.64 Enclosed is the request for approval, the ICE, The quotes themselves, the statement from Purchasing and statements from the Systems group. The ICE has been submitted with server quotes from Lewan, CDWG, software quotes from Insight and CDWG. Please sign this Memo as approval of this purchase for the MAX BRT project. Transfort General Manager Kurt Ravenschlag Date �. �& "" / C9__ City of Fort Collins PURCHASE ORDER PO Number Page 9125589 2of7 This number must appear on all invoices, packing els. slips and lab Line Description Quantity UOM Unit Price Extended Ordered Price 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) 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. 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 Il, 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 Of9125589 3 of 7 F6r} CollinsCrhs number must appear ,�—J`-' ` " J all invoices, packing ps and labels. Line Description Quantity UOM Unit Price Extended Ordered Price b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or Flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 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, 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 Fort Collins PURCHASE ORDER PO Number Page 9125589 40f7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements 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 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 Fort Collins PURCHASE ORDER PO Number Page 9125589 5of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price consent of City of Fort Collins. 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. CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient through the contractor in the case of a subcontractor's bill -of -lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 11. FLY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the " Fly America" Act) in accordance with the General Services Administration' s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is C�.o l3. Oi'le:-QQ e� C/ 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 Fo_rt Collins PURCHASE ORDER PO Number Page 9125589 6of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 12. 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. 13. RECYCLED PRODUCTS Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 14. Conformance with ITS National Architecture To the extent applicable, the Contractor agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. § 512 note, and follow the provisions of FTA Notice, " FTA National ITS Architecture Policy on Transit Projects," 66 Fed. Reg. 1455 et seq ., January 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing. 15. ADA Access Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq . and DOT regulations, " Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations, " Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB' s " Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. 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 Invoice Address: 10 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 7 of 7 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt Gom suite and local rases. Om Exemption Number is 98),4502. Federal Excise Tax Exemption Carthium of Registry 84-6000589 is registered with the Called., of Internal Revenue, Drover, Colorado (RCE Colorado Revised Summers 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specificalim s, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of wrinen instructions form the City ofFon Collins. Inspection. GOODS are s.bjecl m the City ofFmd Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services resu r equipment in response to this order can lt in authorised payment an the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependcm upon completion ofall applicable required inspection procedures. Freight To.. Shipments must be F.O.B., City of Fart Collins, ID) Wood St., Pon Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional changes for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in us parts of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipment are made from greater distance. Permits. Seller shall procure at sellers sale Cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the suite, municipality, territory or political subdivision where Me work is perforated, or required by may other duty construed public authority having jurisdiction aver the work of vmdor. Seller Porter agrees to hold the City of Fort Collins histmless from and against all liability art lass and by them by resson of an asserted a or mb!ished violation of any such laws, regulations, ordinances , rules incurred nd requirements. Authorization. All ponies to this contract agree Nat Poe repreuntatives art, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Other expressly limits acceptance to the toms and conditions stated herein set fort and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or difRren, isms and conditions proposed by idler arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arnica, on your promised delivery data as noted. Time is of the essence. Delivery and perfommnce must be effected within the time stated oa Ilia purchase Cara and the documents anached hereto. No mu of the Purchasers including, wilhout limitation, mapmnca of partial late deliveries, sbell operate as a waiver of this provision. In the event ofmy delay, the Purchaser shall have, in addition to other legal end mticible remedies, the option of placing this order elaewhem and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a molt ordelays due to causes nol reasonably foreseeable which arc beyond its removable control and without its fault of negligence, such act inflect, tit ofeivil or military authorities, ga,mormtal pdontia, fires, strikes, flood, epidemics, wan or riot provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the Erne when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period agml 1. the time annually last by rmmn afthe delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work Covered by this order will muform with applicable drawings, aperifwtioas, samples mllor other descripdoes given, will be, In far the pm,oms Intended, end performed with the highest degree of rare and competence in accordance with accepted standards for work of a simile nature The Seller agrees m hold the purchaser hmmless from any had, damage or expense which the Purchaser may suffer or mom on account ofthe Sellers breach ofwemnty. The Seller shall replace, repair or make good, without Croat to the purchaser, any defcts or faults arming within one (1) year or within such longer Forced of time as may be presented by law or by to terms ofany applicable wamaary provided by the Seller and the date of acceptance of Me goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials f ished by the Seller. Acceptance or use of goads by the Purchaser shall nor ex mumm a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of Me foregoing warranties or gmranti m, but such liability shall in to evens include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other Nan legal temp, including additions to or deletions from Me quantities originally ordered in Me specifmtims or drawings, by verbal or written change order. If my such Change a@Ct the amount due or the time of performance hemmndeq as rqunable adjustment shall be made. 6. TERMINATIONS. The Parehaser tray at any time by writers change made,, terminate this agreement as to any or all potions of the Smooth Nan not shipped, subject to any equitable mijustmem between the To ies as to any work or materials then in programs provided Not the Purchaser shall not be liable for any claims for anticipated probe; on the uncompleted portion ofthe goods mspm work, for incidental or a mmumtial damages, and that no such adjustment be, made in favor mine Seller with inspect to my goods which are Me Sellers standard stock. No such tmtination shall relieve the Purchaser or the Seller ofmy oftheir obligations as an my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment matt be assured within thirty (30) days Gom the data the Change or tetminatmir is ordered. S. COMPLIANCE WITH LAW. The Seller warrant that all goods sold heremder shall have been produced, sold, delivered and burnished in strict ampliance with all applicable laws and regulations to which the goods arc subject The Seller shall execute and deliver such documents as may be required In elect or evidence compliance. All laws and regulations required to be incorporated in agmemant of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold flu Purchaser hamless from all casts and damages suffered by the Purchaser as a result of ilia Sellem failum to comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, transfer, or convey this order, or any monies due or to become due hereunder without %e Pd., wrinen Co.., of the othm Party. 10. TITLE. The Seller warrants fIL dear and unrestricted tide to Me Purchuer for all equipment, matedam, and itmss fuished in perfamance of this .,reamer, Gee and clear of any and all liens, remictions, reservations, security interest encumbtancas and claims Crashers. 11. NONWAIVER. Failure of Me Purchaser to insist upon strict performance of Me narrow and Conditions hereof, failure or delay to exercise any rights or remedies provided h data or by law, failure to promptly notify the Seller in the want of a brmch,Me acceptance of or payment for goads heremder or approval ofthe design, shall not release the Seller of any of the wemvit. or obligations of this poduase He, and shall or be deemed is wive, of any right of the Purchaser ran inter upon strict performance hare.(., any.fi. rights o, remMies as to may such goods, regardless of what shipped, received or accepted, as to any prior or subsequert default hcmmda, nor mall any Imported am[ modifiestion or rescission of Ws purchase order by the Purchaser operate as a waiver of my of the toms harcoE 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize thin in actml economic practice, overcharges resulting from antitrust era violations in fact borne by the Purchaser. Theretofore, fargoodcause and as consideration for executing this purehase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or heudfler acquired under federal or slate antitrust laws for such overcharges relating on the particular goods or services pumhascd or scqu nd by the Purchase pursuant to this Purchase .,its, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase, directs the Seller to mm,t nanc.nfoming or defective goods by a data fo be .,mad upon by the Purchaser and the Seller, and the Seller dsrea0er indicates its usability or unwillingness to Co.,], the Purohaser may cause the work to be perfumed by the most expeditious means available to it. end the Seller shall pay all costs associated with such work. The Sella, shall release the Purchaser and its em d ctma of any tier from all liability and claims of my nature resulting from the performance ofsuch work. This release shall apply wen in the event of fault of negligence or the party rticesed and shall extend to Me director, offices and employees ofsuch party. The Sellers Co merml obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is perfomed o, caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use my design, device, material orprouss covered by loam patent, trademark r copyright, the Seller shall indemnify and save hornless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any coal, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or afe, the completion of the work. In case said egoipnrent, or any pan thereof or the intended use of the goads, is in such suit held W constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procum for the Purchaser the ,iglu to continue using said equipment or pans, C,1.Ca the some with substantially m.I but nommudinging equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or amore for any of the Sellers property or business, this order may foMwilh be Canceled by the Fumhase, without liability. 16. GOVERNING LAW. The definitioas of mans rued or the interymufiaa afMa agreement and the rights of all panics hcremder shall bo metered under and governed by the laws ofthe State of Colorado, USA. The fallowing Additional Conditions apply aNy in cases where the Seller is to perform work hereunder, including Me service mfSIil,. Repeeunutive(s), on Me premises.(others. 17. SELLERS RESPONSIBILITY. The Seller shall Carty on said wank at Seller's own risk until the same is illy Completed end accepted, and shall, in e of any accident, destruction or injury to the work Caspar materials before Seller's final completion and acceptance, complete Me work at Sellers own axperem and to the satisfaction of NC Purchaser. When materials and equipment arc furnished by others for installation or erection by the Selleq the Sella, shall receive, unload, store and handle same at the site and become responsible therefor as though such materiels and/or equipment were being fmished by the Seller under the order. 18. INSURANCE. The Sella, shall, at his own expense, provide for Me payment of workers compensation, including occupational disease benefit, to it employees employed on or in comeumam with the work covered by this purchase Codes, and/or to their dependents in accordance with the laws of the mile in which the work is to be done. The Seller shall also carry comprehensive gmeml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of at least $300.000 for any one person, S500,000 for any ecchim, end propery damage limit per accident of 8400,000. The Seller shall likewise do nm his mnmcmrs, if any, as provide far such companion. and insurance. Before any of the Sellers or his contmctars employees shall do my work upon the p.a. of others, the Sellershall finish arc Purchaser with a Certificate thin such compensation and insurance have been provided. Such emtifimms shall specify the dam when such Compensation and insurance have baen provided. Such certificates shall specify the date when such compensation and Insurance expires. The Sells, agrees arm such compensation and insumuce shall be maintained until am, Me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fir any and ell damage, lass or injury ofany kind or Cmum whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will Indemnify and hold hamtlas be Purchaser and any r all of the Pumhnsers officers, agents and employees Gam and easiest my and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, emission or defaull an the part of the Seller, any of his contractors, or any of the Sellers or contmctars officers, agent or employees. In eme any suit or other proceedings 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 defaull of the Seller of any of his contractors or any of its or Mal, affects, .Seats or employees as aforesaid, the Seller hereby egmu to assume the defense thereof and to defend the same at the Sellers We expense, to pay eoy and all costs, charges, mtameya fees and on... expenses, any and all judgments that may be incurred by or obtained again[ the Purchaser or any of its or their officers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parries in or as a,salt ofsuch suits or other promcdings, Me Seller will at are Co., Me same to be dissolved and dischargcdby giving bond or otherwise. The Seller and his Commands shall take all safety precautions, finish and install all guards accosmry for the prevention of accident, comply with all laws and regulatmer with m U m safety including, but without limitation, the Occupational Safety and Health Act of 1990 and all mlts and regulations issued pursued thereto. Revised 032010 Ae,? � x?10 Insight. Insight Public Sector FEIN 36-3949000 Quote #: 14385922 22721 E Mission Duns 827968483 Quote date: 18-Oct-12 Liberty Lake, WA 99019 Cage 575H6 Prepared by: TONE TUSKAN To: JOHN HUSTED From: OTHER US GOVT TEAM 2 colorado@insight.com 800-269-2523 - Phone 866-433-0064 - Fax Quote #: 14385922 Thank you for the opportunity to quote on the following products. All prices are subject to change without notice and are exclusive of taxes, duties, or tariffs. For order placement, or if you have any additional questions please contact your Insight dedicated representative. Purchase orders are received via fax or e-mail and should be made out to Insight Public Sector, Inc. We look forward to helping you in the future. The information herein is confidential. Billto No: 209816 B CITY OF FORT COLLINS I PO BOX 580 L Fort Collins, CO 80522 L US T O Line No Insight Part Mft Part ID ID 0 1 M303206 P73-05876 S US H P T O Part Description MSelect Windows Server Standard 2012 2 Proc Single Lang NR - Non -returnable - Item will ship direct from manufacturer's warehouse -Non-shippable/invoice only part -This part requires a contract before an order maybe placed Qty Unit Price Ext Price 6 572.85 3,437.10 Subtotal: 3,437.10 Freight: 0.00 Handling Fee: 0.00 Total: 3,437.10 USD Please note - freight is an estimate only Unless otherwise agreed by Insight in writing, payment is due 30 days from date of invoice. For a full copy of Insight's terms and conditions, which shall be in effect unless otherwise agreed by Insight in writing, go to https://shop. i nsight.com/co ntentlen-us/term sofsale.asp Page 1 of 1 FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) ' � ` • - , � ., TYRE;OF,P,ROCUREMENTi X' Profes-slonah Er. tOperatlons/ Management ti cY RolhngaStock-, 1 '_.+Purchase,._ Coristructlonr j. `Matenals� &4 S_t ies _ _ _ , L ,,,,Services/A_& �,.- ,, _ _ _ 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 X >$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 >$100,000 >$I00,000 Caro Preference X All All All Fly America Involves foreign Involves foreign air Involves foreign Involves foreign Involves foreign air X 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 I 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 X 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 X ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects Architecture ADA Access X A & E All All All All Bus Testing All Pre -Award And Post Delivery All Audits