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Home My WebLink About289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9132220Fort Collins Date: 05/01 /2013 Vendor: 289716 PURCHASE ORDER PO Number Page 9132220 1of6 This number must appear on all invoices, packing slips and labels. 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: 05/01/2013 Buyer: ED BONNETTE Note: PER QUOTE #214522107 DATED 08-APR-2013 FROM TONE TUSKAN. PRICING IS STATE OF COLORADO/WSCA #20556YYY11 M/WSCA. Line Description Quantity UOM Unit Price Extended Ordered Price Microsoft SQL server 2012 1 LOT LS 9,356.64 Licenses (QTY 4) 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 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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 4/29/13 Small Purchase of: Microsoft SQL Server 2012 Licenses for Advanced Traveler Information System (ATIS) CONTRACT CHECKLIST FOR SMALL PURCHASES Checklist Item Contract File Comments Location 7) Independent Cost Estimate Yes, ICE prepared 3/15/2013 The City made and documented an independent cost estimate before receipt of proposals. 9) Unreasonable Qualification No Microsoft SQL Server Requirements Licenses must be compatible with This solicitation did not contain unreasonable the rest of the network 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 Microsoft SQL Server Licenses Brand Name or Equal. When it is impractical are required to be compatible with or uneconomical to provide a clear and the rest of the network. Quotes accurate description of the technical requirements of the property to be acquired, a are solicited from authorized "brand name or equal" description may be Microsoft SQL Server License used to define the performance or other resellers. 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 must be authorized Microsoft The solicitation contains no in -State or local SQL Server License reseller. geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation No The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 23) Price Quotations Quotes obtained from two Price or rate quotations were obtained from authorized Microsoft SQL Server an adequate number of qualified sources. License resellers. 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 Yes. Price reasonableness based Either a cost analysis or a price analysis was on price quotations. 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 1. Two quotes obtained from History authorized Microsoft SQL The file contains records detailing the history Server License resellers. of this procurement. At a minimum, these 2. Purchase Order used as records include: (1) the rationale for the method of contract to awarded procurement, bidder. (2) Selection of contract type, 3. Low responsible & (3) reasons for contractor selection or responsive quote selected. rejection, and (4) the basis for the contract price. 4. Low responsible & responsive quote selected. 56) Clauses Yes This contract contains the appropriate FTA required clauses. System for Award Management SAM report run 4/29/13; no (SAM) SAM run and include in the file. exclusions F6t�l=5 Independent Cost Estimate Date of Estimate: 15-Mar-13 Contract Type: Existing Contract or PC(Y/N): N Descriptiorl Quantity I Required Minimum SDeciFlcationx Description of Goods (A) or Services (B): Server Blade: 2 2.60GHz/8-core/115W processors 2 64GB DI GB) Single Rank x4 PC3-12800 (DDR3-1600) Registered CASll Memory 1 10GB 2P 530FO Adapter 1 4GB Micro SDHC Flash Media Kit VM Ware : 2 v5phere Enterprise Plus v.5license - per processor level 1(250-599) VM Support: 1 Emergency phone consulting 1 year - 240 - 30 min Disk Storage: 6 300GS SAS 6GB 15K HDD Back Up Storage: 2 1T8 MS SOL Sarver 200E R2 Standard Edition (Based on recent Purchase( 1 N/A I have obtained the following estimate from; Previous COFC IT Purchases Published Price List / Past Pricing (date) 2/28/2012 Engineering or Technical Estimate(performed by) John Rusted, Systems Administration Manager Independent Third Parry Estimate (performed by) Other (specify) Estimate produced by reviewing previous similar purchases. Required server blade v411 be next generation model. Product Pdce CPI Adj. Adjusted Price Quantity Total Hardware HE BL460c GT CT0 Blade (Legacy Model)(x4) $ LOst 2% $ 1,072,22 4 $ 4,289 HP BL460c GT X5650 FIO Kit Jai $ 1,021 2% $ 1,041.70 2 $ 2,083 HP 48GB 6x 2Rx4 PC3-1061 Kit(x4) $ 784 2% $ 799,70 4 $ 3,199 HP 4GB SD Flash Media Kit (x2) $ 51 2% $ 52.12 2 $ 104 HP ITB 6G SAS 72K2.Sin SC MDL HOD (x4)(Disk Storage) $ 452 2% $ 460,91 4 $ 1,844 HE 300G510X 6G 2.5 SAS DP HDD (x6) $ 211 2% $ 215.19 6 $ 1,291 SutbTotal-Hardware Costs S 8,521 Support and Licensing VMWa,-VS4ENTPLC SFi: V54 Enterprise Plus $ 2,822 2% $ 2,929.44 2 $ 5,859 VMWars-VS4ENTPLC SUPPORT: 1YRGold $ 319 2% $ 233 2 $ 1,462 CommVault Sini Backup capacity based licensing ITS, $ 8,478 2% $ gE, S 1 $ 8,648 MS SQL Server 2008 R2 Standard Edition $2,500 0% $ 2,500 1 $ 2,500 SubuTotal- Support and Licesning Costs $ 11,473 Total Estimated Project Costs $ 26,994 B Note: CPI Adjustment based on 2% per year for 1 year. Completed by: Craig Dubin Communications and Administration Manager INSIGHT PUBLIC SECTOR, INC. DUNS: 827968483 CAGE Code: 575116. Status: Active Entity Overview Entity Information Name: INSIGHT PUBLIC SECTOR, INC. Business Type: Business or Organization POC Name: None Specified Registration Status: Active Expiration Date:11/20/2013 Exclusions Active Exclusion Records? No SAM I System for Award Management 1.0 Note to all Users: This is a Federal Government computer system. Use of this system constitutes consent to monitoring at all times. 22721 E MISSION LIBERTY LAKE, WA, 99019-7504, UNITED STATES IBM v1.863.20130412-1616 WWW1 ®IL S) Insvight PUBLIC SECTOR SOLD -TO PARTY CITY OF FORT COLLINS 215 N MASON ST FORT COLLINS CO 80524-4402 USA SHIP -TO ADDRESS CITY OF FORT COLLINS 215 N MASON ST FORT COLLINS CO 80524-4402 USA Insight Public Sector SLED 6820 S HARL AVE TEMPE AZ 85283-4318 Tel 800367-4448 Quotation Quotation Number Creation Date 214522107 08-APR-2013 PO Number PO Release Customer No. 10626236 Sales Rep Kristen Parker Email Telephone Sales Rep 2 Tone Tuskan Email ttuskan@insight.com Telephone 509-742-2283 X 2283 We deliver according to the following terms: Payment Terms Net 30 days Ship Via Electronic Delivery / Electronic Delivery Terms of Delivery FOB DESTINATION Currency USD Material Description Quantity Unit Price Extended Price 7NQ-00278-SLP Microsoft SQL Server 2012 Standard Core Edition - 4 2,339.16 9,356.64 License - 2 cores - Select, Select Plus - Win - Single Language Coverage Dates: 08-APR.2013 - STATE OF COLORADO WSCA SOFTWARE VAR CONTRACT(# ADSP011-00000358-21 20556YYY11 WWSCA) LICENSE: 6370469 Product Subtotal Tax 9,356.64 0.00 Page 1 of 2 Insvight PUBLIC SECTOR Quotation Number/ Creation Date 214522107 / 08-APR-2013 Total 9,356.64 Thank you for considering Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering. Sincerely, Kristen Parker Tone Tuskan 509-742-2283 Ex 2283 ttuskan@insight.com Fax: 480.760.6128 Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options. Subject to IPS Terms & Conditions online unless purchase is being made pursuant to a separate written agreement in which case the terms and conditions of the separate written agreement shall govern. https:/Aw .ips.insight.coMus/en/terms-condtons/terms-of-sale-oroductshtml Page 2 of 2 U LdewanR Customer City of Fort Collins (11661) PO Box 580 Accounting Department Fort Collins, Colorado 80521 Server Blades Lewan & Associates, Inc. 1400 South Colorado Boulevard P. O. Box 22855 Denver, Colorado 80222 United States http://www.lewan.com Bill To City of Fort Collins Payable, Accounts PO Box 580 Accounting Department Fort Collins, Colorado 80521 Ship To City of Fort Collins -Information Technology Husted, John 215 N Mason St 3rd Floor Fort Collins, Colorado 80521 HP ProLiant BL460c Gen8 Server - blade - 2-way - RAM 0 MB - SAS - hot -swap 2.5" - no HDD - 641016-B21 1 No $7,278.83 $7,278.83 Matrox G200 - Monitor : none. - CTO Intel Xeon E5-2670 2.6 GHz - 8-core - 16 threads - 20 MB cache - LGA2011 Socket - factory 662064-121 1 No $0.00 $0.00 integrated Intel Xeon E5-2670 2.6 GHz - 8-core - 16 threads - 20 MB cache - LGA2011 Socket - for 562064-B21 1 No $0.00 $0.00 ProLiant BL460c Gen8 Flash memory card - 4 GB - microSDHC - for ProLiant BL460c Gen8, BL620C G7, BL660c Gen8, SL230s Gen8, SL270s Gen8, SL390s G7 647444-B21 1 No $0.00 $0.00 HP Memory - 8 GB - DIMM 240-pin - DDR3 - 1600 MHz / PC3-12800 - CL11 - registered - ECC 647899-B21 16 No $0.00 $0.00 HP Flex-10 SOGb 2-port 530FLB Adapter Network adapter- PCI Express 2.0 x8 - Gigabit LAN, 10 Gigabit LAN - 2 ports - factory integrated - for ProLiant BL420c Gen8, BL460c Gen8, BL465c Gen8 6842t1-821 1 No $0.00 $0.00 Bundle Subtotal 1 $7,278.83 $7,278.83 2 Vmware & VM Support VMware v5phere Enterprise Plus ( v. 5 ) - license - 1 processor V55-ENT-PL-C 2 No $2,428.00 $4,856.00 Vmware v5phere Enterprise Plus Production Support 1 year VS5-ENT-PL-P-SSS-C 2 No $874.00 $1,748.00 Bundle Subtotal 1 $6,604.00 $6,604.00 3 Disk Storage Compellent 300GB, SAS, 6gb, 15k, HDD DS-SAS6-25-300X15K 6 No $798.00 $4,788.00 Bundle Subtotal 1 $4,788.00 $4,788.00 4 Back -Up Storage Commvault Backup & Recovery CLA-sold per TB SB-C-DPE-1T-A 2 No $5,100.00 $10,200.00 Support & Maintenance for Commvault S-PREMIUM 1 No $1,530.00 $1,530.00 ' Bundle Subtotal 1 $11,730.00$11,730.00 5 HIS SQL Server Microsoft SQL Server 2012 Standard Core Edition License - 2 cores - MOLP: Open Business - Win - Single Language 7NQ-00219 8 No $3,428.00 27,424.00 Bundle Subtotal 1 $27,424.00$27,424.00 Subtotal: $57,824.83 Tax (0.000%): $0.00 Shipping: $0.00 Total: $57,824.83 This Quote is valid for 30 days unless otherwise stated. Please contact a Lewan & Associates' Sales Representative for questions or changes. Prices indicated may not include applicable sales taxes, insurance, shipping, delivery or setup fees; actual charges will be calculated on your invoice. Orders are fulfilled in the order in which they are received; supply subject to availability. Without an RA (Return Authorization) number, products may not be returned. Returned product may be subject to a restocking charge. Please contact our returns Department at 303-759-1545, extension 2296, for questions or to initiate a return. Thank You for the opportunity to be of service! * DENVER* FORT COLLINS* COLORADO SPRINGS* BOULDER* SILVERTHORNE* CHEYENNE* GLENWOOD SPRINGS* PUEBLO Fort Collins PO Number Page 9132220 2of6 This number must appear on all invoices, packing slips and labels. 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 qCCS1t6_ Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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 Fort Collins PURCHASE ORDER PO Number Page 9132220 3of6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 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. 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 qJCS111t6_ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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 of PURCHASE ORDER PO Number Page 9132220 4of6 rhs number must appear all invoices, packing ps and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. 7. 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. 8. 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. 9. 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 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. 10. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to q4-cs/t - City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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 9132220 sots This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 11. 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. 12. 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. qtCS11 14 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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: $9,356.64 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 6 of 6 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04501 Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stict performance of the terms, and conditions hereof, failure or delay to let emsl Revenue, Dens tar, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. - of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASS IG NM ENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase 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 Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws 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 most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and tales of the sate, municipality, territory or political subdivision where the work is performed, or required by any other duly costirmed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional teats and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents wrached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes or reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, act of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (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 Seller warrants 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 loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranry. The Seller shall replace, repair or make good, without cost to the purchaser, 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 my applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers habit try hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of rise. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teats by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, 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 ofperfor ance 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 parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such temrination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim f9r adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All taws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defidive goods by n date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellers conlroeltml obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed 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 from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intender) use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at is own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes moninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions aflame, used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sel lers Represent rive(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 shall, in case army 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 famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished 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 depender s in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and properly damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, 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 provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature 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 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 Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case 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 default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own expense, to pay any and all costs, charges, attorneys fees 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 against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contmclors shall 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 Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 0312010 FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) 4/29/13: Microsoft SQL Server 2012 Licenses for Advanced Traveler Information System (ATIS) TYPE OF PROCUREMENT Clause Professional Operations/ Rolling Stock Construction Materials & Services/A& E Management Purchase Supplies No Federal Government Obligation To Third Parties X All All All All All (by Use of a Disclaimer False Statements or Claims X All All All All All Civil and Criminal Fraud Access To Third Party X All All All All All Contract Records Changes to Federal X All All All All All Requirements Termination X All All All All All Civil Rights Title VI, EEO, ADA NA >$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 NA >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America NA >$100,000 >$100,000 >$100,000 Resolution of Disputes, Breaches, or Other Litigation NA >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Lobbying NA >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air NA >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water NA >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Caro Preference X All All All Fly America X Involves foreign Involves foreign air Involves foreign Involves foreign Involves foreign air transport or travel transport or travel air transport or air transport or transport or travel b air travel travel Davis -Bacon And Copeland Anti- NA >$2,000 (including Kickback Acts ferry vessels Contract Work Hours And Safety NA >$2,500 (except >$2,000 (including Standards Act transportation >$2,500 ferry vessels) services Bonding NA $100,000 Seismic Safety NA A & E for New Buildings & New Buildings & Additions Transit Employee Protective NA Transit Operations Agreements Charter Bus NA All School Bus NA All Drug Use - Testing and Alcohol NA Transit Operations Misuse - Testing Patent Rights and Rights in Data NA Research & " and Copyright Requirements Development Energy Conservation X All All All All All Recycled Products NA Contracts for items Contracts for items Contracts for items designated by designated by designated by EPA,when EPA,when EPA,when procuring $10,000 procuring $10,000 procuring $10,000 or more per year or more per year or more per year Conformance With ITS National Architecture X ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects ADA Access X A & E All All All All Bus Testing NA All Pre -Award And Post Delivery NA Audits All 'Ci of F rt Collins MEMORANDUM DATE: April 27, 2013 TO: Ed Bonnette, Senior Buyer CC: Erika Keeton, Special Projects Engineer Karl Gannon, Financial Analyst Sandra O'Brien, Financial Coordinator FROM: Craig Dubin, Communications & Administration Manager SUBJECT: ATIS Server — Cost Analysis City of Fort Collins Tra nsfort/Di a I -A -Ride 6570 Fortner Road Fort Collins, CO 80525 970.224.6196 970.224.6043 - fax cdubin@rcgov.com The projected cost through our Independent Cost Estimate (ICE) for servers, licensing and services intended to support the technical infrastructure for the Advanced Traveler Information System (ATIS) was $26,994. The final cost for services, equipment and licensing is $46,148.30. Although there is a variance of $19,154.30, this variance can be reasonably attributed to two major factors. The ICE for servers only accounted for one MS SQL Server 2008 R2 license. Due to Microsoft licensing requirements, licensing for SQL Server is based on the number of cores where the SQL Server instance resides. The server configuration required calls for four (4) processor cores, therefore, the licensing requirement was quadrupled., In addition, while 1TB of CommVault disc storage back-up was referenced in the ICE for estimation, an additional 1TB was required to meet the specifications of the disc configuration Supporting services for CommVault were also not included in the ICE. While the variance is significant, I find these costs to be fair and reasonable based on the analysis that I have provided. Please let me know if you have any questions that I can answer Sincerely, Craig Dubin Communications & Administration Manager City of Fort Collins Transfort Cdubin@fcgov.com (970)224-6196 ra I_. _.- /Jo�l3ier-- vM -7 ye . -- — P� 00 , M dNL* ��,>— �I•d� s�� t� 1 � 3 goo , � �, �� .zss�o Y� TNS6HJ /h�9�SaP""$�✓S,�cN,Gc, ?f+ly- ___ --�cL9f'� � t.� i k1f1 �.,/y /.dy✓� Ar'xGl�� a c./4- — —--- 1 01%e ! 5 /t t 04— W I—