City of Everett
Request for Quotes
Quote No. 2015-083
CommVault Support Renewal
Written quotes will be received by the City of Everett Purchasing Division, 3200 Cedar Street, Everett,
Washington 98201 until 2:00 p.m., Thursday, August 6, 2015 for the purchase of CommVault Support
Renewal. Only quotes that arrive in the City of Everett Purchasing Office by the deadline will be
accepted.
BIDDING INFORMATION
Information regarding this solicitation, including bid results may be viewed on our website at
http://www.everettwa.org.
All bidders must certify that they are not on the Comptroller General’s list of ineligible contractors (the
State Debar list) nor the list of parties excluded from Federal procurement or nonprocurement programs
(the Federal Debar list).
SPECIFICATIONS
Requesting bids for City of Everett annual CommVault premier support renewal.
CommCell ID#F8D7E; Galaxy Software Premier Support Coverage (24/7).
Support Dates 09/30/2015-09/29/2016.
Quote submittal sheet attached.
Bidders should provide with their bid a copy of any software support or licensing terms and conditions
which the City of Everett will have to agree to, whether by signing or in any other manner in order to
receive the commodities or services covered by this solicitation. These terms and conditions will be
required prior to award of any contract/purchase resulting from this bid solicitation. Vendors inability to
supply required terms and condition may be grounds for disqualification of the bid.
QUESTIONS
Unauthorized contact regarding this Request for Quotes with City of Everett employees or contractors
may result in disqualification. Any oral communications will be considered unofficial and non-binding
on the City of Everett. Bidders should rely only on written statements issued by the individual named
below.
Questions regarding this request for quotes may be directed in writing to Hope Hambridge at fax (425)
257-8864, or by email to: [email protected] Questions received less than five (5) calendar days
prior to bid opening may not be considered.
Failure to request clarification of any inadequacy, omission, or conflict will not relieve the Vendor of
any responsibilities under this Bid or any subsequent contract. It is the responsibility of the Vendor to
assure that they received responses to the questions if any are issued.
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PRICING AND DELIVERY
Prices bid shall include delivery and be F.O.B.
Server Location: City of Everett, 2930 Wetmore Ave, Ste 6A, Everett WA 98201
Forklift Delivery: City of Everett, 3200 Cedar St, Everett WA 98201
The successful bidder will be required to possess or be able to obtain a City of Everett Business License
and pay City of Everett B & O Tax, when applicable. B & O Tax questions may be directed to
Everett City Clerk, (425) 257-8610.
TAXES AND FEDERAL EXCISE TAX
Washington State Sales tax shall be shown as a separate line on the bid submittal sheet. No charge by
the Bidder shall be made for federal excise taxes. The City of Everett, as a municipal corporation of the
State of Washington, is exempt from federal excise tax and such taxes shall not be included in bid
prices. The City of Everett agrees to furnish Bidder, upon acceptance of articles supplied under this
order, with an exemption certificate, if necessary.
COOPERATIVE PURCHASING
RCW 39.34 allows cooperative purchasing between public agencies (political subdivisions). Public
agencies which have filed an Intergovernmental Cooperative Purchasing Agreement with the City of
Everett and which are actively participating may purchase from City of Everett contracts, provided that
the Vendor has agreed to such participation. Each bidder shall indicate on the bid submittal form if he
will honor other public agency orders in accordance with contract terms and conditions in addition to
orders from the City of Everett. The City of Everett does not accept any responsibility for purchase
orders issued by other public agencies.
Public agencies desiring to use Everett’s contracts must have executed an Intergovernmental
Cooperative Purchasing Agreement with the City of Everett, as required by RCW 39.34. Only those
public agencies who have complied with these requirements are eligible to use this contract. The public
agency accepts responsibility for compliance with any additional or varying laws and regulations
governing purchase by or on behalf of the public agency in question. A purchase by a public agency
shall be effected by a purchase order from the public agency, directed to the Vendor or other party
contracting to furnish goods or services to the City of Everett.
The City of Everett accepts no responsibility for the performance of any purchasing contract by the
Vendor, and the City of Everett accepts no responsibility for payment of the purchase price for any
public agency.
MULTIPLE QUOTES
Vendors interested in submitting more than one quote may do so, providing each quote stands alone and
independently complies with the instructions, conditions, and specifications of this Request for Quotes.
SINGLE RESPONSE
A single response to this Request for Quotes may be deemed a failure of competition and in the best
interest of the City of Everett, the Request for Quotes may be cancelled.
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BIDDING ERRORS
The City of Everett will not be liable for any errors in vendor quotes. Vendors will not be allowed to
alter quotes after the deadline for quote submission.
The City of Everett reserves the right to make corrections or amendments due to errors identified in
quotes by the City of Everett or the vendor. This type of correction or amendment will only be allowed
for such errors as typing, transposition or any other obvious error. Vendors are liable for all errors or
omissions contained in their quotes.
When, after the opening and tabulation of quotes, a Bidder claims error, and requests to be relieved of
award, he will be required to promptly present certified work sheets. The Buyer will review the work
sheets and if the Buyer is convinced, by clear and convincing evidence, that an honest, mathematically
excusable error or critical omission of costs has been made, the Bidder may be relieved of his bid.
After opening and reading bids, the City of Everett will check them for correctness of extensions of the
prices per unit and the total price. If a discrepancy exists between the price per unit and the extended
amount of any bid item, the price per unit will control. The total of extensions, corrected where
necessary, will be used by the City of Everett.
PAYMENT
Payment will be made promptly upon receipt of a correct invoice for goods that have been delivered and
accepted. No down payment or advance payment of any kind will be made. Washington State law
requires proof that the materials have been furnished, the services rendered or the labor performed as
described before payment may be made. A vendor may submit an invoice for partial shipments or
progress payments. All invoices need to reference the City of Everett purchase order number and are to
be submitted to:
City of Everett Accounts Payables, P O Box 12130, Everett, WA 98206
PROMPT PAY DISCOUNT
Prompt payment discount offered by Contractors shall be used to calculate the low bid provided the
discount offered allows a minimum of 20 days for payment. The number of days is calculated from the
date of acceptance of goods or services or from the date a complete invoice is date stamped as received
by City of Everett, whichever event occurs last, and the check/warrant date. The City will take
advantage of any prompt payment discount terms bids. Discounts shall be extended if
The date printed on the invoices is more than three days earlier than the invoice receipt date;
The delay is caused awaiting a credit memo, invoice correction, adjustment, or reissue.
An invoice is received prior to receiving goods ordered.
QUOTE REJECTION
The City of Everett reserves the right to reject any or all quotes at any time without penalty.
WITHDRAWAL OF QUOTES
Vendors may withdraw a quote which has been submitted at any time up to the due date and time. To
accomplish this, a written request signed by an authorized representative of the vendor must be
submitted to the Buyer named in the request for quotes.
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NON-ENDORSEMENT
As a result of the selection of a vendor to supply products and/or services to the City of Everett , the City
of Everett is neither endorsing nor suggesting that the vendor's product is the best or only solution. The
vendor agrees to make no reference to the City of Everett in any literature, promotional material,
brochures, sales presentation or the like without the express written consent of the City of Everett.
PROPRIETARY MATERIAL SUBMITTED
Any information contained in the proposal that is proprietary must be clearly designated. Marking the
entire quote as proprietary will be neither accepted nor honored. If a request is made to view a vendor's
quote, the City of Everett will comply according to the Open Public Records Act, Chapter 42.17 RCW.
If any information is marked as proprietary in the proposal, such information will not be made available
until the affected vendor has been given an opportunity to seek a court injunction against the requested
disclosure.
RESPONSE PROPERTY OF THE CITY OF EVERETT
All materials submitted in response to this request become the property of the City of Everett. Selection
or rejection of a response does not affect this right.
NO OBLIGATION TO BUY
The City of Everett reserves the right to refrain from contracting with any vendor. The release of this
Request for Quotes does not compel the City of Everett to purchase.
COST OF PREPARING QUOTES
The City of Everett is not liable for any costs incurred by vendors in the preparation and presentation of
proposals and demonstrations submitted in response to this Request for Quotes.
EVALUATION CRITERIA
The City shall select the lowest responsive and responsible Vendor to achieve the best overall price to
the City. In addition to price, the following elements shall be given consideration:
The ability, capacity and skill of the bidder to perform the contract or provide the service required;
The character, integrity, reputation, judgment, experience and efficiency of the bidder;
Whether the bidder can perform the contract within the time specified;
The quality of performance of previous contracts or services;
The previous and existing compliance by the bidder with laws relating to the contract or services;
Evidence of collusion with any other bidder, in which case colluding bidders will be restricted from
submitting further bids on the subject project or future tenders;
Such other information as may be secured having a bearing on the decision to award the contract.
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DO NOT MARK YOUR OFFER FORM WITH EXCEPTIONS NOR ADD ALTERNATIVE
BOILERPLATE.
The City will reject bids that the Buyer finds to be taking material exception to the City specifications.
Therefore, be careful that you do not add information or mark-up forms in a manner that may appear to
be a change or exception. Do not take exceptions, do not offer alternatives (unless the City specifically
requests), and do not mark the Offer with changes to specifications. Don’t attach your own boilerplate.
Even a request to consider an exception or an attachment “for our information” could result in rejection
of your bid. This decision will be made in the sole opinion of the Buyer.
BRAND NAMES USED IN THIS SPECIFICATION
This is a brand name specification. It has been determined that only the identified brand name items
will satisfy the City of Everett’s needs.
SPLIT AWARD
The City of Everett reserves the right to split the bid and award to the lowest, most responsive bidders
on an item by item basis. Any bid that is submitted on an “All or Nothing” basis should be marked as
such.
ADDENDA
Bidders are responsible to check the City of Everett website for the issuance of any addenda prior to
submitting a bid. The address is http://www.everettwa.org.
QUOTE SUBMITTAL
All quotes must be submitted on the regular forms provided in this document.
Fax or email quotes are welcome at (425) 257-8864 or [email protected] by the deadline. It is the
bidder’s responsibility to make sure that quotes are received by the deadline. Bidders who delay
transmitting fax quotes until near the deadline risk that other fax traffic may delay their fax transmission
until after the deadline. Quotes received after the deadline will not be considered. Quotes may also be
mailed or hand delivered to the City of Everett Purchasing Division, 3200 Cedar Street #6, Everett WA
98201 and must be received by the deadline.
Only firm quotes will be accepted and the City reserves the right to reject any or all quotes or waive any
irregularities and informalities in the quotes submitted and accepted by the City. No bidder may
withdraw his quote after the hour set for the opening thereof unless the award is delayed for a period
exceeding 60 days. The City further reserves the right to make awards to the lowest and most responsive
bidder as deemed in the best interests of the City.
Hope Linder, CPPB
Buyer
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CITY OF EVERETT
STANDARD TERMS AND CONDITIONS
INVITATION TO BID, REQUEST FOR QUOTATION & PURCHASE ORDER CONTRACT
THE PURCHASE ORDER INCLUDES THE FOLLOWING TERMS AND CONDITIONS AND INCLUDES, BUT IS NOT LIMITED TO THE INVITATION TO BID, REQUEST FOR
QUOTATIONS, SPECIFICATIONS, PLANS, AND PUBLISHED RULES AND REGULATIONS OF THE CITY OF EVERETT AND THE LAWS OF THE CITY OF EVERETT
PURCHASING DIVISION AND THE STATE OF WASHINGTON, WHICH ARE HEREBY INCORPORATED BY REFERENCE.
1. CHANGES No alteration in any of the terms, conditions, delivery price, quality, quantities, or specification of this order will be effective without written consent of the Purchasing
Manager or appropriate Buyer.
2. HANDLING No charges will be allowed for handling, including but not limited to packing, wrapping bags, containers or reels, unless otherwise stated herein.
3. DELIVERY For any exception to the delivery date as specified on this order, vendor shall give prior notification and obtain written approval thereto from the Purchasing Manager or
appropriate Buyer with respect to delivery under this order. Time is of the essence and the order is subject to termination for failure to deliver as specified and/or appropriate
damages.
The acceptance by the Purchaser of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of
the requirements for the timely performance of any obligation remaining to be performed by Vendor.
4. PAYMENTS, CASH DISCOUNT, LATE PAYMENT CHARGES Invoices will not be processed for payment nor will the period of computation for cash discount commence until
receipt of a properly completed invoice or invoiced items are received, whichever is later. If an adjustment in payment is necessary due to damage or dispute, the cash discount
period shall commence on the date final approval for payment is authorized.
5. SHIPPING INSTRUCTIONS Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. Destination. Where shipping addresses indicate room numbers it will be up to
the Vendor to make delivery to that location at no additional charge where specific authorization is granted to ship goods FOB shipping point. Vendor agrees to prepay all shipping
charges, route as instructed or if instructions are not provided, route by cheapest common carrier and to bill the Purchaser as a separate item on the invoice for said charges.
Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made. It is also agreed that the Purchaser
reserves the right to refuse COD shipments.
6. REJECTION All goods or materials purchased herein are subject to approval by the Purchaser. Any rejection of goods or material resulting because of nonconformity to the terms
and specifications of this order, whether held by the Purchaser or returned, will be at Vendor's risk and expense.
7. IDENTIFICATION All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase
order number.
8. INFRINGEMENTS Vendor agrees to protect and save harmless the Purchaser against all claims, suits or proceedings for patent, trademark, copyright or franchise infringement
arising from the purchase, installation, or use of goods and materials ordered, and to assume all expenses and damages arising from such claims, suits or proceedings.
9. WARRANTIES Vendor warrants that articles supplied under this order conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed,
except that if a particular purpose is stated, the material must then be fit for that particular purpose.
10. ASSIGNMENTS The provisions or moneys due under this contract shall only be assignable with prior written consent of the Purchasing Manager or appropriate Buyer.
11. TAXES Unless otherwise indicated the Purchaser agrees to pay all State of Washington sales or use tax. No charge by Vendor shall be made for federal excise taxes, and the
Purchaser agrees to furnish Vendor, upon acceptance of articles supplied under this order with an exemption certificate.
12. LIENS, CLAIMS AND ENCUMBRANCES Vendor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of
any kind.
13. RISK OF LOSS Regardless of FOB point, Vendor agrees to bear all risks of loss, injury or destruction of goods and materials ordered herein which occur prior to delivery. Such
loss, injury or destruction shall not release Vendor from any obligation hereunder.
14. SAVE HARMLESS Vendor shall protect, indemnify, and save the Purchaser harmless from and against any damage, cost or liability for any injuries to persons or property arising
from acts or omissions of Vendor, his employees, agents or subcontractors howsoever caused.
15. PRICES If price is not stated on this order, it is agreed that the goods shall be billed at the price last quoted or paid, or prevailing market price whichever is lower.
16. TERMINATION In the event of a breach by Vendor of any of the provisions of this contract, the Purchaser reserves the right to cancel and terminate this contract forthwith upon
giving oral or written notice to Vendor. Vendor shall be liable for damages suffered by the Purchaser resulting from Vendor's breach of contract.
17. NONDISCRIMINATION AND AFFIRMATIVE ACTION The vendor agrees not to discriminate against any client, employee or applicant for employment or services because of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap with regard to, but not limited to, the following employment
upgrading, demotion, or transfer, recruitment or recruitment advertising, lay-offs or termination, rates of pay or other forms of compensation, selection for training or rendition of
services.
It is further understood that any vendor who is in violation of this clause or an applicable Affirmative Action Program shall be barred forthwith from receiving awards of any
purchase order from the CITY unless a satisfactory showing is made that discriminatory practices or noncompliance with applicable Affirmative Action Programs have terminated
and that a recurrence of such acts is unlikely.
18. LABOR AND INDUSTRIES Contractor is required to procure Labor and Industries permits F700-007-000 and F700-029-000 and abide by the requirements thereof. Copies of
“Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” shall be submitted to the City Clerk and Department of Labor and Industries.
19. ANTI-TRUST Vendor and the Purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact Borne by the Purchaser. Therefore,
Vendor hereby assigns to the Purchaser any and all claims for such overcharges.
20. DEFAULT The Vendor covenants and agrees that in the event suit is instituted by the Purchaser for any default on the part of the Vendor, and the Vendor is adjudged by a court of
competent jurisdiction to be in default, he shall pay to the Purchaser all cost, expenses expended or incurred by the Purchaser in connection therewith, and reasonable attorney's
fees. The Vendor agrees that the Superior Court of the State of Washington shall have jurisdiction over any such suit, and that venue shall be laid in Snohomish County.
21. BRANDS When a special brand is named it shall be construed solely for the purpose of indicating the standards of quality, performance, or use desired. Brands of equal quality,
performance, and use shall be considered, provided Vendor specifies the brand and model and submits descriptive literature when available. Any bid containing a brand which is
not of equal quality, performance, or use specified must be represented as an alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid.
22. ACCEPTANCE BY ACCEPTING THIS PURCHASE ORDER IN WRITING OR BY DELIVERING THE MATERIAL ORDERED, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH.
FORMAL OBJECTION IS HEREBY MADE TO ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY VENDOR AS A CONDITION OF ACCEPTANCE OR DELIVERY.
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City of Everett
Quote No. 2015-083
CommVault Support Renewal
Submittal Checklist
This checklist is provided for bidder's convenience only and identifies the bid documents that must be submitted with
each package in order to be considered responsive. Any bid packages received without these documents may be
deemed nonresponsive and may not be considered for award.
DO NOT RETURN THE ENTIRE BID PACKAGE. ONLY THE LISTED FORMS ARE TO BE
RETURNED.
Bid Submittals to be returned with bid: Completed
1. Bid submittal entitled: Bid Submittal Sheet (A & B)
2. Bid submittal entitled: Non-Collusion
3. Addenda (if applicable)
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City of Everett
Quote No. 2015-083
CommVault Support Renewal
BID SUBMITTAL SHEET
Premier Support Renewal – Term 09/30/2015-09/29/2016
Freight &/or Additional Charges (List Additional Charges)
Subtotal
9.2 % WA State Sales Tax
Total
State the number of calendar days to have equipment delivered after receipt of order:
Discount terms for prompt payment
Do you certify that you are not on the Comptroller General’s list of ineligible contractors nor the list of parties excluded from
Federal procurement or nonprocurement programs? Yes No
Will you sell additional units to the City of Everett at the bid price until further notice? Yes No
Will you sell additional units to other government agencies within the State of Washington at the bid price, terms and conditions
until further notice? The City of Everett accepts no responsibility for the payment of the purchase price by other government
agencies. Yes No
The undersigned hereby accepts the terms and conditions as set forth herein. This must be signed and dated by the bidder or
a representative legally authorized to bind the bidder.
FULL LEGAL NAME OF COMPANY
TYPE OF BUSINESS Corporation Partnership (general) Partnership (limited)
Sole Proprietorship Limited Liability Company
ADDRESS
CITY/STATE/ZIP
EMAIL ADDRESS:
PHONE FAX
NAME (PLEASE PRINT) TITLE
SIGNED DATE
CITY OF EVERETT UBI
BUSINESS LICENSE NO.
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City of Everett
Quote No. 2015-083
CommVault Support Renewal
NON COLLUSION CERTIFICATION
I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or
person submitting an offer for this bid/quote, and is in all respects fair and without collusion or fraud.
The below signed bidder has not divulged to nor has discussed or compared his bid with other bidders and had not
colluded with any other bidder or parties to bid whatsoever. Note: No premiums, rebates or gratuities to any
employee or agent are permitted either with, prior to, or after any delivery of materials. Any such violation will result
in the cancellation and/or return of material as applicable.
Company Name:
Mailing Address:
City-State-Zip:
Title:
Date:
Authorized Signature:
(written)
Authorized Signature:
(typed/printed)
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City of Everett
Quote No. 2015-083
CommVault Support Renewal
NO BID FORM
Dear Prospective Bidder:
If you determine not to submit a bid/quote in response to this solicitation, we would very much appreciate your
completing and returning this form for our records.
Reason for not submitting a bid/quote in response to this solicitation:
FULL LEGAL NAME OF COMPANY
ADDRESS
CITY/STATE/ZIP
EMAIL ADDRESS:
PHONE FAX
NAME (PLEASE PRINT) TITLE
SIGNED DATE
Thank you for your assistance. Please mail or fax to:
City of Everett Purchasing Division
3200 Cedar Street
Everett WA 98201
Fax: (425) 257-8864
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