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Home My WebLink AboutCORRESPONDENCE - PURCHASE ORDER - 9136887FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) Trapeze OPS-MON Maintenance Fee PO 9136887 12/30/13 TYPE OF PROCUREMENT X 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, NA >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Breaches, or Other Litigation - 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 NA All All All Fly America NA 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 1 NA A & E All All All All Bus Testing NA All Pre -Award And Post Delivery NA All Audits art of Memorandum DATE: February 14, 2013 TO: Jim O'Neil FROM: Craig Dubin SUBJECT: Trapeze Software Interface Transfort/ Dial -A -Ride 6570 Portner Road Fort Collins. CO 80522 970.221.6620 970.221,6285 - fax fcgov.com The cost analysis for the software interface to include Trapeze FX-MON and Trapeze OPS- MON has been established with the independent cost estimate provided. A comparable quote is from Trapeze Software Group that charges $9D,800 for software licensing (inclusive of 1 year of maintenance) that provides an interface from its own proprietary software to a newly procured Computer Aided Dispatch (CAD) system. Trapeze Software Group has provided the quote as part of the preliminary request for proposal for the CAD system which was procured for the Transfort ATIS project. Therefore I find this is a reasonable cost to have the work performed. Please let me know if you have any questions that I can answer. Thanks, Craig Dubin Communications & Administration Manager City of Fort Collins — Transfort Cdubi n(" )a.fcpov. com (970) 224-6196 February 15, 2013 To: Jim O'Neill, Director of Purchasing and Risk Management From: Ed Bonnette, Buyer Subject: Exception to use of competitive bidding under $200.000 Title: Purchase of Trapeze Interface between existing Trapeze Software and new ATIS software from Clever Devices Budgeted Amount: $96,352 Purchase Amount: $96,352 Background: Transfort has used Trapeze software since 2000. A competitive negotiation process was used for the initial purchase. Trapeze uses a proprietary database schema and the City has entered into a confidentiality agreement with Trapeze Software. Because of this agreement, integrating other software to Trapeze modules will require explicit licensing agreements with Trapeze Software. In 2012, Transfort awarded a $1.079M software contract to another vendor with the understanding that the vendor would be required to integrate with existing Trapeze operational and scheduling modules. As part of this effort, the next logical step is to seek a licensing agreement with Trapeze Software so the project can be completed. Trapeze has been a responsible vendor and their offered price is fair and reasonable. Exception to Competitive Bidding Rationale: FTA Circular 4220.1F When the recipient requires supplies or services available from only one responsible source, and. no other supplies or services will satisfy its requirements, the recipient may make a sole source award. The item was available only from a single source. CONTRACT AMENDMENT #6 THIS AMENDMENT is made effective this 15th day of March, 2013 between: 1. Trapeze Software Group, Inc. with its place of business at 8360 East Via,de Ventura, Scottsdale, Arizona, U.S.A. 85258, ('Trapeze'); and 2. City of Fort Collins with its place of business at 657d Partner Road, Port Collins, Colorado, U.S.A. 80526 CUcensee'�. WHEREAS Trapeze and Licensee intend to amend the Software Maintenance Agreement dated January 20, 2000, Amendment #1 dated January 241b, 2006, Amendment #2 dated August 150'2007, Amendment #3 dated September 18'", 2007, Amendment #4 dated November 21", 2007; Amendment #5 dated November 28", 2007 and Amendment 45 dated April 3`d, 2008 collectively (the "Agreement"), in order to add the Trapeze PX-MON Software and Trapeze OPS-MON Software products to the Trapeze Software licensed there under; NOW THEREFORE Trapeze and licensee agree as follows: 1. Amendment to Agreement (a) The parties agree to add the Trapeze FX-MON Software and Trapeze OPS-MON Software products to the scope of the Agreement. Exhibit A-6 attached hereto, is therefore added to and incorporated within the terms of the original Agreement. (b) The parties agree that all maintenance fees related to the Trapeze FX-MON Software and Trapeze OPS-MON Software products shall beinvoiced .according to the annual maintenance fees as identified under Exhibit A-6, attached hereto. (c) All remaining terms, conditions, and covenants of the Agreement. remain unchanged. IN WITNESS WHEREOF, the parties have caused this Contract Amendment to be signed by their duly authorized representatives as of the date above. TRAPEZE SOFTWARE GROUP, INC. LICE EE Name: �+'Lx LL' No e: Title: Ve FfktA.t4 Tide; •t�2'wd'Gir C.YO2, lid Po-cu`(l e- VLt- 9 /i11 3Icv��CR�T- 3 Contact Amendment 66 TR"BM CONrmetm u. Page 1 of 2 PO PURCHASE ORDER 9131722 Page City of PURCHASE 9131722 ' of 7 ' `t Collins on alli invoices, must appear ` on all invoices, packing slips and labels. Date: 04/03/2013 Vendor: 189591 TRAPEZE SOFTWARE GROUP INC PO BOX 202528 DALLAS Texas 75320-2528 Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER ROAD CITY OF FORT COLLINS Colorado Delivery Date: 04/0312013 Buyer: ED BONNETTE Note: Line Description Quantity U0M Unit Price Extended Ordered Price Trapeze Interface with ATIS 1 LOT LS 63,249.00 Transfort portion ] Trapeze Interface with ATIS 1 LOT EA 27,551.00 MAX BRT portion 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 at 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 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 80522-05BO Phone:970-221.6775 Fax: 970-2216707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Title: Trapeze Software OPS-MON Maintenance Fee Date: 12/30/13 CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an Filed with PO ICE prepared 4/3/2013. independent cost estimate before receipt of proposals. 10) Unnecessary Experience and Excessive Bonding Unnecessary experience and excessive No bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause NA that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action There was no arbitrary action in the - procurement process. (An example of arbitrary action is when award is made to No other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that NA 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 The solicitation contains no in -State or local No geographic preference except where Federal statutes mandate or encourage them. 15 Contract Term Limitation t Contract is for other than rolling The contract period of performance for rolling stock. Yes; file contains cost stock and replacement parts does not exceed justification and Sole Source five (5) years inclusive of options without prior written FTA approval. For all other types of memos. contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 18) Award to Responsible Contractor The City made a determination that it was awarding to a responsible contractor considering such matters as contractor 1. Yes integrity, compliance with public policy, record of past performance, and financial and 2. Yes technical resources. 3. Yes 1. Appropriate Financial, equipment, facility 4. Yes, SAM report run and personnel. (Y/N) 12/30/13 2. Ability to meet delivery schedule. (Y/N) 5. Yes; invoice and ICE in 3. Satisfactory period of performance. (Y/N) PO file 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from vendor. (Y/N) 19) Sound and Complete Agreement This contract is a sound and complete Purchase Order with appropriate agreement. In addition, it includes remedies FTA terms included for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete Specification A complete, adequate, and realistic specification or purchased description was NA available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond, 38) Sole Source if other Award is Infeasible The contract file contains documentation that award of a contract was infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: (1) The item was available only from a single source. (Verify prices are no higher than price for such item by likely customers.) 1. Yes (see Sole Source (2) Public exigency for the requirement did memo included in PO file) not permit a delay resulting from a competitive solicitation. (3) An emergency for the requirement did not permit a delay resulting from a competitive solicitation. (4) The FT A authorized noncompetitive negotiations. (5) Competition was determined inadequate after solicitation of a number of sources. 39) Cost Analysis Required Yes Cost analysis and profit negations were performed (initial award and modifications) And documented for price reasonableness was established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. 40) Evaluation of Options The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. (To be NA eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 42) Written Record of Procurement History 1. Yes (Sole Source memo) The file contains records detailing the history 2. Yes (Purchase Order with of this procurement. At a minimum, these FTA terms) records include: 3. Yes (Sole Source memo (1) the rationale for the method of included in PO file) procurement, (2) Selection of contract type, 4. Yes; vendor invoice, ICE, (3) reasons for contractor selection or Sole Source memo, Cost rejection, and Justification memo 4 the basis for the contract price. 43) Exercise of Options The grantee exercised an option on this contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better NA than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes The grantee amended this contract outside the scope of the original contract. The amendment was treated as a sole source No procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions The contractor did not receive an advance payment utilizing FTA funds and the contract No does not contain advance payment provisions or, if it did, prior written concurrence was obtained from FTA. 46) Progress Payment Provisions The contract contains progress payments based on costs incurred (as opposed to percent of completion) and the contract contains a provision giving the grantee title to NO property (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts No This is a time and materials contract; the grantee determined that no other type of contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost This is not a cost plus a percentage of cost No type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages provisions and the assessment for damages No is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking 1) The file contains: Assignability provisions. NA 2) The procurement file contains: Price reasonableness determination. 56) Clauses This contract contains the appropriate FTA Yes required clauses. System for Award Management Yes; SAM run on 12/30/13 (SAM) SAM run and include in the file. SAM Search Results List of records matching your search for :. Search Term : trapeze* software* Record Status: Active ENTITY Trapeze Software Group, Inc. Status:Active DUNS: 046869411 +4: CAGE Code: 6YUX2 DoDAAC: Expiration Date: Aug 6, 2014 Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 8360 East Via de Ventura City: Scottsdale State/Province: ARIZONA ZIP Code: 85258-3172 Country: UNITED STATES ��vt, /C�4J 1?-1 -�,'lf3 December 30, 2013 6:18 PM Page 1 of 1 <irTrapezeTt` Software Support Invoice City of Fort Collins/Transfort Attn:Accounts Payable 6570 Portner Road Fort Collins, CO 80525 USA Invoice Date Customer ID Contract No. Due date Contract type Project No: 13-1052625 October 28, 2013 0000002447 November 01, 2013 455MAINT 5249-154 Purchase Order No Trapeze OPS MON $3,328.00 Up to 72 Total Employees Coverage period 11/1/2013 - 5/31/2014 prorated 7 months to gain common anniversary date ZT 0 tS t'J�' 0 -3 �wPC • 43r32$.cao " ao• QA161) Oe S - Cv�oa t Aa�wGrr aNct �0.J s(3t11y Nl-v4WJ.-S- .a�l� Subtotal $3,328.00 State Tax - Exempt $0.00 Total payable in USD $3,328.00 Please make payment to following : Lockbox Courier For billing inquiries contact: Trapeze Software Group Inc. Trapeze Software Group trapezebiiling@trapezegroup.com P.O.Box 202528 2975 Regent Blvd, -Toll Free: 1-800-265-3617 Ext. #5 Dallas, TX 75320-2528 P.O.Box 202755 Local: 905-629-8727 USA Irving, TX 75063 - USA. Interest at 15% per annum will be charged on all late payments. cny of Fprins Independent Cost Estimate Dale of Estimate: 41312013 Contract Type: Licenses 8 Services Agreement Existing Contract or PO (YM): Y Description of Gocos (A) a Services (S): Trapeze OPS-MON Software -Annual Maintenance Fees (Proratri 1 have chained the following ostinhate from; Published Price List / Past Pocin[1(date) Engineering or Techincal Estimate (performed by) Independent Third Party Estimate (performed by) Otter (.gadfly) Existing Contract - Purchase Order N 9131722 (41312013) Cost Estimate Delmis'. (Estimate calculated in US Optlets) Cost of Standard Items Protluct Cost 11/1/13-5/31/14 I GPI 1 Acpstment Service Adjustments Total Tra eze UPS-MON 1E 3,32800 1 N/A S 3.328.00 oval f I E 3328.00 S:1Transfort\AdpirmFinancial Coordinator - Had\Pwchasing - GeneraltlCE -Trapeze OPS-MON MalMerance.xlsxOps-MON 12/26/2013 EMMIT A-6 (Contract Amendment #6) Software Maintenance item Description TRAPEZE FX MON TRAPEZE ' OFS MON Grand Total I Warranty (90 days from installation) included included included 2 IstYearMaintenance $2,605 $5,705 $8,310 Grand Total $ $5 70-5 10 • Pirn year payable maintenance fee only. For all subsequent annual renewals, the annual maintenance fee will be based on the operational characteristics of licensed use by Licensee and subject to Trapeze's then current pricing. Cmtmct Amcndmml 96 Pagc 2 ot2 TRAPEM CONMDMMAL