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HomeMy WebLinkAboutCORRESPONDENCE - RFP - 9191294Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 1 of 40 SERVICES AGREEMENT 8876 EVIDENCE MANAGEMENT SYSTEM THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and FORAY LLC, dba FORAY TECHNOLOGIES, hereinafter referred to as "Service Provider" and/or “Foray”. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit B, consisting of twenty-six (26) pages and incorporated herein by this reference. The services include but are not limited to Software As A Service (SAAS) for the ADAMs Software (the “Software”), support services (the “Standard Support Services”), system migration, and system implementation. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit C, consisting of two (2) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence July 15, 2019 and shall continue in full force and effect until July 14, 2020, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one-year periods not to exceed four (4) additional one-year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 2 of 40 Service Provider: City: Copy to: Foray, LLC dba Foray Technologies Attn: Anna Disney 3911 5th Ave., Suite 300 San Diego, CA 92103 adisney@foray.com City of Fort Collins Attn: Lisa Robles PO Box 580 Fort Collins, CO 80522 lrobles@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions in accordance with the attached Exhibit "D", consisting of one (1) page, and incorporated herein by this reference. Payment terms shall be Net 30 days from the date of the invoice in accordance with the following milestone payments: a. One-time implementation costs – Hardware upon delivery. Remaining items upon completion of the implementation and acceptance of the Software. b. Annual on-going SAAS licensing, maintenance, etc. – i. Year 1 – 50% upon purchase order, 50% upon completion of the implementation and acceptance of the Software. ii. Years 2 – 5 – 100% annually on the anniversary of the Software acceptance. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 3 of 40 identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 4 of 40 be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit F, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 5 of 40 Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in the following Exhibits attached hereto and incorporated herein by this reference. a. Exhibit A – Additional SAAS Terms and Conditions b. Exhibit E – Foray Privacy Statement c. Exhibit G - Confidentiality DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 6 of 40 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: FORAY, LLC DBA FORAY TECHNOLOGIES By: Printed: Title: Date: DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 7/16/2019 Anna Disney Western Region Sale Rep Assistant City Attorney ll 7/17/2019 City Clerk Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 7 of 40 EXHIBIT A – ADDITIONAL SAAS TERMS AND CONDITIONS 1. Support Services – Foray to provide “Standard Support Services” which consist of assistance and similar support services by telephone in connection with the use and operation of the ADAMS SOFTWARE (the “Software”), including maintenance software updates and new version upgrades to the Software. 2. Exclusions – Foray shall have no obligation under this agreement to support: a. Altered, damaged or modified Software or any portion of the Software incorporated with or into other software; b. Use of third party software other than as specified, installed, supplied or approved in writing by Foray. 3. Out of Support Policy for Software In the event Software has not been covered under a continuous Standard Support Services the following reinstatement fees for Standard Support Services to the Software will apply: If the previous Standard Support Services lapse is < 6 months: a. The City must pay the service and maintenance for the lapse period. b. Pay for a 12-month Standard Support Services from current day forward. If the previous Standard Support Services lapse is => 6 months: a. The City must pay the service and maintenance for the lapse period. b. Pay a 15% of Annual Renewal Reactivation Fee. c. Pay for a 12-month Standard Support Services from current day forward. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 8 of 40 EXHIBIT B - Scope of Services Services to be Performed The following functionality is included in the proposed solution based upon the requirements described and requested by the City: ADAMS Web The foundation of the ADAMS platform, ADAMS Web provides evidence acquisition, management and retrieval functionality. Users can download evidence from digital cameras, scanners, audio and video sources, mobile devices, or file systems as well as enter and manage physical property items. Allows anyone with access to a case or an asset within a case to retrieve and view that case or asset in a browser-based environment. It preserves and protects the integrity of the original file and maintains a detailed chain of custody and audit trail of all access to both the case and individual assets. ADAMS Web provides multiple search methods as well as a variety of views to fit the task at hand and also displays asset information (such as camera EXIF data), history of processing, etc. ADAMS Link Integration Provides two-way communication between the ADAMS system and existing management systems (such as Tiberon/Total Command) in place by allowing valuable information to pass between the two systems and leveraging existing information in both. Request Management Provides the City with multiple request, processing workflows and form/report templates to fit a variety of tasks. This highly sophisticated workflow engine helps to ensure compliance with required procedural steps, identify departments or people involved, and ensure entry of required input and output information. The result is an application that not only ensures that all evidence is handled consistently but that each process is documented properly. Customized report templates can also be created that include canned verbiage to ensure that reports are formatted and worded properly every time. Reports can be saved as PDF files, printed or stored for retrieval on an as-needed basis. The system also includes tools to help manage the workflows by tracking assigned and unassigned requests by status, type, case number, crime type, requested by, date requested, and date assigned. When requests are initiated, an email notification is sent by the system automatically to the individual to whom the request is assigned. If a secondary process must be initiated, a separate notification is sent automatically to the individual to whom the sub- request is assigned. After the process has been completed, a final notification is sent to the requestor notifying him or her that the request has been completed. Minor customizations to the existing workflows are provided through Foray’s standard support services. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 9 of 40 Physical Property & Evidence Collection, Storage and Management Gives your agency rock-solid control over the collection, storage and management of evidence gathered at crime scenes. You can streamline evidence processing, reduce redundant data entry, increase efficiency, and improve check-in response time. Using rigorous check-in and check-out processes, your chain of custody is locked down from the time evidence is collected to laboratory analysis to its day in court and final disposition. Base functionality comes with the ADAMS platform but the purchase of additional services for customized configuration and training may be necessary depending upon the needs of the City and would require a further discussion of the City’s physical property and management needs. Redaction Foray’s ADAMS solution eliminates the need to use dedicated tools by incorporating photo and video redaction directly into your digital evidence management solution. Redact photos and videos with easy-to-use tools. Gone is the need to understand complex interfaces of applications designed not for redaction but for professional photographers and videographers. Quickly block out areas of a photo. Use the industry’s best face detection to reduce frame-by- frame video redaction down to an easy process of selecting which faces to eliminate. Make as many redacted versions as you need without ever modifying the original. Mobile Device Upload & Access The ADAMS web interface can be made securely accessible from mobile devices. Any device with a supported browser can access the interface. Additionally, ADAMS Upload is a mobile application that securely uploads digital evidence from Android and iOS devices. This mobile app allows photos, video, and audio to be securely captured and automatically uploaded to the repository. The mobile app can be configured to upload over WiFi or over both WiFi and cellular. The data is encrypted both at rest and in transit and is only de-encrypted once it has been successfully uploaded to the server. Migration Implementation Foray will work with the City to determine what data and systems migration/integration are required. Depending on the system and their output the implementation can easily be done through bulk import or a more sophisticated approach if needed. Project Management Upon Notification of Award, Foray would make contact with the City POC to begin planning the project rollout. Foray would ensure that timelines are communicated and work with the assigned City personnel to ensure deadlines are met. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 10 of 40 Functional Requirements REQUIRED FUNCTIONALITY Description Included: “Yes” “No” “N/A or “Future” Alternate Proposal, Comments 1-Physical Locations for on-site premise: 1. One Site – Police Headquarters or virtual data room. N/A The cost shown is for a SaaS solution. If the City prefers an on-premise option, pricing can be provided. 2-Licensing Requirements: 1. The cost includes the ability to create an unlimited number of user accounts. Yes Foray meets this requirement. 2. Ability to add temporary users/licenses in the event of a major or catastrophic event. Yes Foray meets this requirement. 3. System must include licensing for an unlimited number of digital cameras. Yes Foray meets this requirement. 4. System cannot use any hardware copy protection such as dongles, hardware keys, hardware tokens, or security devices at either the server side or the client side. Yes Foray meets this requirement. 3-Minimum Requirements for Number of Original Assets Supported: 1. Implementation – 10,000,000 Yes Foray meets this requirement. 2. Upgrade Option – 100,000,000 Yes Foray meets this requirement. 4-Storage Requirements: 1. Implementation: All Video – 70TB Yes Foray meets this requirement. 2. Year 1: All Video 80TB, Evidentiary Video 20TB Yes Foray meets this requirement. 3. Year 2: All Video 90TB, Evidentiary Video 30TB Yes Foray meets this requirement. 4. Year 3: All Video 100TB, Evidentiary Video 40TB Yes Foray meets this requirement. 5. Year 4: All Video 110TB, Evidentiary Video 50TB Yes Foray meets this requirement. 6. Year 5: All Video 120TB, Evidentiary Video 60TB Yes Foray meets this requirement. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 11 of 40 5-Storage Requirements for pricing models based on number of user accounts and type 1. Evidence, Sworn, Records – 250 accounts, 50GB per account, with acquire, view, etc. access. Yes Foray meets this requirement. 2. Administrators – 4 accounts, 50GB per account, with Admin access. Ability to set different levels of admin access based on user type. Yes Foray meets this requirement. 3. District Attorney (DA) and other Law Enforcement Agencies (LEA) – 20 accounts, 50GB per account, with copy, view access. Yes Foray meets this requirement. 6-Criteria for Cloud Bandwidth Requirements, Year 1 - 5: 1. Average Length of Video – 10 minutes Yes Foray meets this requirement. 2. Average File Size – 150MB Yes Foray meets this requirement. 3. Average Writes per year (new) – 350,000 Yes Foray meets this requirement. 4. Average Retrieval per year (download) – 16,000 Yes Foray meets this requirement. 5. Average Reads per year (views) – 62,000 Yes Foray meets this requirement. 6. Average Writes per year (modify, including meta data changes) – 2,000,000 Yes Foray meets this requirement. 7. System must include automatic lossless compression for rapid data transfer of all data transferred over a wired or wireless network connection. Yes Foray meets this requirement. 7-Security Requirements: 1. Systems providing access by external users to case files must support the ability for the Department to secure and log access utilizing City’s firewall and/or access lists. Yes Foray meets this requirement. 2. Transport security must automatically encrypt and decrypt all data transferred or transmitted over a wired or wireless network connection utilizing a minimum of 3DES encryption and/or AES encryption. Yes Foray meets this requirement. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 12 of 40 3. Must allow security to be set at multiple levels within digital evidence server and in evidence management system including but not limited to case number, case type, or individual file. Yes Foray meets this requirement. 4. System must provide an audit trail log file that cannot be altered that includes tracking of the following for the digital evidence management: Yes Foray meets this requirement. a. Users attempting to or accessing the system or file, and from what location. Yes Foray meets this requirement. b. Actions performed (acquire, view, modify, enhance, export, etc.). Yes Foray meets this requirement. c. Changes to access control levels. Yes Foray meets this requirement. d. All audit trail items must be securely time stamped. Yes Foray meets this requirement. e. Audit trail log must be stored and indexed in a searchable database. Yes Foray meets this requirement. f. Any other logs required by CJIS. Yes Foray meets this requirement. 5. System must provide an audit trail that cannot be altered for each item of physical evidence which includes tracking the following: Yes Foray meets this requirement. a. Updates to any chain of custody. Yes Foray meets this requirement. b. Any movement of the item within the evidence storage areas. Yes Foray meets this requirement. c. Any inventory of the item. Yes Foray meets this requirement. d. Any time the item has been scanned. Yes Foray meets this requirement. 6. System must include easily managed administrator definable multilevel security for access to files, information, and evidence based on roles. Yes Foray meets this requirement. 7. System must provide security method for strictly limiting access for users to certain folders or data within a case file, which they have been provided access. Yes Foray meets this requirement. 8. System shall be managed in a granular permissions and security model. Yes Foray meets this requirement. Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 13 of 40 9. System must have proactive system monitoring capable of detecting and notifying the System Administrator by email and text message of any failure in any component in the storage array or any station on the network. Yes Foray meets this requirement. 10. Software source code, executables, and scripts must be digitally self- signed to confirm the software author and to guarantee that the code has not been altered or corrupted since it was signed by the cryptographic hash. Yes Foray meets this requirement. 11. All digital assets must be scanned for corrupt files or zero-bite size files using embedded error checking upon entry into the system. Yes Foray meets this requirement. 12. Ensure software is developed and deployed using secure coding practices and business processes that minimize security flaws within the software and notification will be made to FCPS in the event changes are made that affect these practices and processes. Yes Foray meets this requirement. 13. Ensure safety and security procedures are maintained and enforced with respect to access and maintenance of client data. Yes Foray meets this requirement. 14. All client data must be stored in a safe and secure environment and protection from unauthorized access, modification, theft, misuse or damage whether the data resides in a repository or during transmission over the network and must be stored in the United States. Yes Foray meets this requirement. 15. Vendor must provide ability for this agency to acquire our raw data through an export to XLS or CSV file at any time. Yes Foray meets this requirement. 16. Notification shall be made to FCPS as soon as possible but no longer than 24 hours when a security breach has been discovered whether actual or attempted. Yes Foray meets this requirement. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 14 of 40 17. Protection against software failure with backup and recovery procedures. Yes Foray meets this requirement. 18. The software must be CJIS compliant. Yes Foray meets this requirement. 19. System should allow for single sign-on capabilities. Yes Foray meets this requirement. 8-System Requirements: 1. A complete Evidence Management System including software, barcode/RFID/other storage tracking hardware, supplies and services including installation, customization/optimization to Agency specifications/needs, training, remote access and on-site system support as required. Yes Foray meets this requirement. 2. Recovery Time Objective (RTO) is less than or equal to one hour. Yes Foray meets this requirement. 3. Recovery Point Objective (RPO) is less than or equal to 15 minutes. Yes Foray meets this requirement. 4. The system solution must be compliant with current existing statutes, standards, and guidelines, of the Rules of Evidence. Yes Foray meets this requirement. 5. Solution must be capable of easily increasing storage capacity and must not require additional purchase of software licenses. Yes Foray meets this requirement. 6. System must be fully compatible with: a. Windows 7 32-bit, 64-bit b. Windows 10 64-bit o All subsequent updates to Windows 10 builds (ie. Version 1803, 1809, etc.) c. Internet Explorer 11 d. Google Chrome Yes Foray meets this requirement. 7. Agency prefers but is not limited to a browser- based client. Yes Foray meets this requirement. 8. Agency prefers ability to use the current barcodes on evidence currently in FCPS custody so that existing items will not need to be re-barcoded. Yes Foray meets this requirement. 9. System shall support standard file types and RAW formats for digital photographs, in addition to audio and video files, and documents. Yes Foray meets this requirement. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 15 of 40 10. The system must work easily and efficiently and be capable of supporting 10,000,000, upgradeable to 100,000,000, original assets with copies stored simultaneously in multiple locations. Yes Foray meets this requirement. 11. All assets, data, and database(s) must be stored in non-proprietary industry standard formats. Yes Foray meets this requirement. 12. System must support “verbose” log tracking for the purpose of both local and remote system diagnostics. Yes Foray meets this requirement. 13. Digital media uploaded to the system will be stored in a non-proprietary format and will be easily accessible without the need to convert the format. Yes Foray meets this requirement. 9-Server-Client System Requirements: 1. Virtual Servers must work in a VMWare environment, or any other virtual environment the Agency chooses. N/A The cost shown is for a SaaS solution. If the City prefers an on-premise option, pricing can be provided. 2. Server-Client System must include active hardware monitoring and reporting and provide alerting by email and text message of availability, performance, utilization, audit trail log events, and hardware failures. N/A The cost shown is for a SaaS solution. If the City prefers an on-premise option, pricing can be provided. 3. It is a requirement for the vendor to supply a server solution that has complete restore of server functions and data from a backup server or servers with no loss of functionality. N/A The cost shown is for a SaaS solution. If the City prefers an on-premise option, pricing can be provided. 4. All servers, data, assets, information, evidence, processed evidence, database files, and audit trail log files must be stored and replicated in separate locations. N/A The cost shown is for a SaaS solution. If the City prefers an on-premise option, pricing can Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 16 of 40 2. Vendor must agree to cooperate with Agency’s vendor of choice if Agency chooses to contract for an alternate DEMS solution if/when solution selected in response to this RFP no longer meets requirements. Yes Foray meets this requirement. 3. Vendor must provide a cost-effective method for transferring all data from cloud to Agency, without penalty; transferred data must include all meta- data and retention classification. Yes Foray meets this requirement. 11-Functional Requirements: Digital Evidence: 1. System shall allow users to upload files to a central location for storage and case management in an easy and expedited manner. Yes Foray meets this requirement. 2. System must have the capability for acquiring, processing, authenticating, storing, and playback of digital images, digital audio, and digital video in common formats. Yes Foray meets this requirement. 3. Must be able to upload data from multiple formats to include, but not limited to, SD cards, hard drive, disks, etc. Yes Foray meets this requirement. 4. System must maintain/store original copy of evidentiary files and any manipulation must be of a working copy only. Yes Foray meets this requirement. 5. System must support the ability for users to search for assets and evidence online by case number, user ID, location, crime type, date, notes, or any other designated database field or combination of multiple fields. Yes Foray meets this requirement. 12-Physical and Digital Evidence: 1. Must meet industry standards for chain of custody related to all entries, movements and disposal of items. Yes Foray meets this requirement. 2. Consistent barcode/RFID/or other inventory storage tracking technology in property/evidence module to facilitate tracking, inventory and other data entry retrieval. Yes Foray meets this requirement. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 17 of 40 3. Interface should be user friendly, allowing for easy and efficient entry of evidence information into the database. Yes Foray meets this requirement. 4. System must have capability for an electronic signature capture. Yes Foray meets this requirement. 5. Use of wireless PDA scanner/reader with data entry, signature capture capabilities and sufficient memory to accommodate data collection on crime scenes, off-site property storage locations, labs, and for inventories and audits. Yes Foray meets this requirement. 6. Use of workstations, smartphones, IPads or Tablets connecting through a secure tunnel such as a VPN or private cellular network. Yes Foray meets this requirement. 7. Ability to associate/link multiple case numbers to digital evidence or physical evidence. Yes Foray meets this requirement. 8. Use of dynamic barcodes (does not require user to pull up multiple screens and enter a particular field to have a bar code pull up an item – should be able to scan a barcode and the item will populate on the screen). Yes Foray meets this requirement. 9. This system will need to provide robust tracking for large inventories and the ability to pick up the process later when the inventory cannot be completed on the same day. Yes Foray meets this requirement. 10. System should allow for straight forward and uncomplicated mass movement of items, such as changing locations and documenting destructions. Yes Foray meets this requirement. 11. System should also allow the user to add notes to the items in bulk or individually. Yes Foray meets this requirement. 12. System should have capability to flag items or note special instructions in a journal entry style. Yes Foray meets this requirement. 13. System should have the capability to identify items for case review as defined by retention policy. Yes Foray meets this requirement. 14. Officer entry module should have an intuitive, easy to use, format for property & evidence intake and barcode printing at the agency, remote locations or via mobile printing. Yes Foray meets this requirement. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 18 of 40 15. System should have routing or workflow capabilities. Yes Foray meets this requirement. 16. System should have capability to allow non- evidence personnel to route requests to the evidence unit (two-way routing). Yes Foray meets this requirement. 17. System must have the ability to create a container, listing the individual items stored inside the container and the ability to move a full container without the need to rescan each item. Yes Foray meets this requirement. 18. System must have the ability for users to generate and create various reports related to property/evidence either system generated or through Crystal Reports without additional cost. Yes Foray meets this requirement. 19. Ability to sort results of queries and create output reports from said queries. Yes Foray meets this requirement. 20. System must have the ability to create and generate user configurable forms and letters that can be completed and forwarded electronically, attached to a case file in RMS, or printed as needed. Yes Foray meets this requirement. 21. Ability to start the chain of custody process when the officer places the item in the temporary locker. The officer should be able to print one label which contains all item information as well as barcode at time of log in. Yes Foray meets this requirement. 22. Complete inventory report to include 1) Items scanned correctly 2) Items not scanned 3) Items scanned in a wrong location 4) And the ability to attach notes to the incorrect files without manipulation of the data. Also, track that the item was part of the inventory in the item history file with the notes if any were attached for that item. Yes Foray meets this requirement. 23. Ability to search multiple fields at the same time, including wild cards. Yes Foray meets this requirement. 24. Ability to save frequently used searches for future use Yes Foray meets this requirement. 25. Ability to attach documentation related to items of evidence, such as emails, written correspondence, photocopies of IDs, etc. but not be considered an item of evidence. Yes Foray meets this requirement. 13-Digital Media Input or Acquire Requirements: DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 19 of 40 1. Input devices include various photo and video capture devices in use by the Department and by area businesses. System shall provide the ability to acquire digital data directly from capture devices such as digital cameras and shall acquire data from the following managed systems. Yes Foray meets this requirement. In-Car Camera System 1. System must have the ability to acquire and store non-evidentiary and evidentiary video files stored in agency’s in-car camera system. Yes Foray meets this requirement. 2. Acquired video must include meta data and audit trail log files. Yes Foray meets this requirement. 3. System shall automatically add case number and categorize video for retention purposes by utilizing .csv file provided by Department. Yes Foray meets this requirement. Interview Room System – 1. DEMS shall automatically acquire evidentiary video files copied from existing servers to network file shares for the purpose of providing access to the new DEMS system. Yes Foray meets this requirement. 2. Acquired video file will be provided to vendor by Department with the case number. Yes Foray meets this requirement. 14-Digital Evidence Process Requirements: 1. System must have the ability to automatically assign an existing case number for each case. Yes Foray meets this requirement. 2. System must provide automated case building as data is acquired from various systems and devices. Yes Foray meets this requirement. 3. System must automatically assign a retention date to each file or case for review. No Feature can be added at an additional cost. 4. System must provide searchable fields including case number, offense type, user ID, victim or offender name, location, GPS coordinates, and others. Yes Foray meets this requirement. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 20 of 40 5. System may link from within Department’s RMS case file to provide access to DEMS case file. Yes Foray meets this requirement. 15-Evidence Record Process Requirements 1. System will assure that any asset that it acquired can be viewed from within DEMS. Yes Foray meets this requirement. 2. System will have mobile, web-based management, and desktop management programs available. Yes Foray meets this requirement. 3. System must provide multiple options for searching fields, including wildcards and the ability to search across multiple fields simultaneously. Yes Foray meets this requirement. 4. System must allow for Agency to customize as needed to meet agency needs and to integrate similar names/titles and information as the RMS system. Yes Foray meets this requirement. 5. Agency Administrator(s) should have the capability to customize the screen displays. Yes Foray meets this requirement. 6. System should have the ability to set up automated reminders/tickler system for annual audits, inventories, or any processes, with the ability to assign these reminders/ticklers to a group or individual user. Yes Foray meets this requirement. 7. Automated processes for tracking and reconciliation of money booked as evidence. Yes Foray meets this requirement. 16-Output Requirements: Video/Photo Viewing – 1. System will assure that any asset that it acquired can be viewed from within DEMS. Yes Foray meets this requirement. 2. System must support the ability for users to view assets and evidence online as thumbnails or full-size images. Yes Foray meets this requirement. Sharing Case Files – DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 21 of 40 1. System must support ability to share read only case files with external users such as the DA’s Office and City Attorney’s Office via a web-based client. Yes Foray meets this requirement. 2. Sharing with external users must be secure and linked to user identity, and activity included in audit trail log file. Yes Foray meets this requirement. 3. System must provide the ability to set an expiration date on access to externally shared case files. Yes Feature to be added at a cost of $5,000. Video Copies – 1. System must support copying videos and if required their proprietary players to external storage device (DVD, flash drive, hard drive, etc.). Yes Foray meets this requirement. 2. System should provide extraction or redaction capabilities of all video files. Yes Foray meets this requirement. Photo Prints – 1. System must support printing photos to existing high quality networked photo printer system. Yes Foray meets this requirement. 2. System must support user defined variable multi-format printing layouts, proof sheets, and thumbnails on various print size media. Yes Foray meets this requirement. 3. System must include the capability for photos to be printed with case number and associated data describing the photo or a proof sheet with all the photos from an event. Yes Foray meets this requirement. 4. System must support automatic printing of a copyright statement on every page for images printed. Yes Foray meets this requirement. 5. System must support automatic printing of page numbers on every page for images, proof sheets, or thumbnails printed. Yes Foray meets this requirement. 17-Software Integration Requirements: DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 22 of 40 1. System must have the capability to directly interface with software already in use at the Agency. Yes Foray is committed to interfacing with already in use software used by the Agency. ADAMS Link provides the necessary APIs to allow interconnectivity. 2. Vendor must support data migration from the current RMS system if the agency chooses. Yes Foray meets this requirement. a. Total Command Records Management Solution (RMS). Yes Foray meets this requirement. b. Total Command Computer-Aided Dispatch (CAD). Yes Foray meets this requirement. c. In-Car Camera Video Solution. Yes Foray meets this requirement. d. Interview Rooms. Yes Foray meets this requirement. e. Axon Body Worn Cameras (BWC). Yes Foray meets this requirement. 18-Software Services: 1. Any customizations made to the system by the vendor must be supported in new versions of the product. Yes Foray meets this requirement. 2. Vendor must be capable of providing integration services when Department acquires new technology. Yes Foray meets this requirement. 19-System Installation and Support Requirements: Installation Services – 1. Vendor shall provide installation and startup services, and 30-day testing services. Yes Foray meets this requirement. 2. Vendor shall provide complete printable online documentation for the DEMS system installation instructions, system administration and maintenance, and technical reference and user manuals. Yes Foray meets this requirement. 3. Vendor shall provide network diagrams indicating transport and workflows. Yes Foray meets this requirement. Technical Support – DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 23 of 40 1. Vendor shall provide technical support 24/7/365 for all system software products for the System Administrator at no charge for the duration of the technical support service contract. Yes Foray meets this requirement. 2. Support requests escalated as critical or high priority by the Agency such as full system outage require response time of less than one hour by a live person with engineering skills 24/7/365. Yes Option included in pricing. No per incident charge. 3. Less critical support requests shall be responded to within four hours during business hours. Yes Foray meets this requirement. 4. Less critical support requests placed after normal business hours shall be responded to within four hours on the first regular business day following notification. Yes Foray meets this requirement. 5. Vendor will provide system warranty, annual software support contract, and system upgrades. Yes Foray meets this requirement. Upgrades / Fixes – 1. Functional fixes to the system software shall be provided as they are released at no extra cost. Yes Foray meets this requirement. 2. Supporting documentation reflecting modifications is required and shall include software matrix. Yes Foray meets this requirement. 3. Software service packs should be available for download from vendor’s website and should include any newly developed features. Yes Foray meets this requirement. 20-Training Requirements: 1. Vendor must supply printable online instructions in the form of manuals or PowerPoint presentations that provide detailed descriptions of every aspect of the system administration and set up of hardware and software including every option available. Yes Foray meets this requirement. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 24 of 40 2. Vendor must supply an online training program for users and System Administrators covering the complete workflow involving acquisition, enhancement, and output of all assets. Yes Foray meets this requirement. 3. Vendor shall provide ongoing online training for the duration of maintenance and support agreement(s). Yes Foray meets this requirement. A total of 8 online training hours a year. Project Personnel TASK RESPONSIBLE INDIVIDUAL(s) TITLE Sales and Contract Negotiations, Project Management and Coordination Anna Disney Sales Representative Pre-Implementation Site & Network Preparation, Installation, Integration and Training Robert Romick Scott Friend Robert Burkindine Senior Customer Service Engineers Training and Implementation Liaison David “Ski” Witzke VP, Program Management Foray Sales Representative and Project Manager Anna Disney is responsible for on-going communication of the project scope of work and implementation coordination between the Foray Pre-Implementation and Installation Engineers and the City Project Manager and City IT personnel. The Foray Customer Service Engineers are responsible for the communication and verification of the project scope of work and the configuration/system requirements and fulfillment between Foray Project Manager and Fort Collins City IT. Foray Technical Services Department is responsible for providing continued support and maintenance of the proposed solution. This Department will communicate directly with City IT and end users as well as coordinate service issues with the Foray Sales Representative and Project Manager. David Witzke is responsible for providing additional workflow development, implementation and training if required by the City as an optional service. SaaS Cyber Vendor/ Questionnaire 1. Data Ownership: The City of Fort Collins will own all right, title and interest in its data DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 25 of 40 that is related to the services provided. All data obtained by the vendor in the performance of this services shall become and remain the property of the City. The vendor will not share or distribute any City data to any other entity without the express written consent of the City. Can you comply with this? YES 2. Data Protection: Describe how you safeguard the confidentiality, integrity and availability of City information, including encryption of personal data in transit and at rest, and access control. Do you have a privacy and security policy, and does the policy apply to customers’ private data including personal identifiable information? Data in transit is encrypted using HTTPS. Data at rest is encrypted using AES-256 encryption. Assets are hashed using SHA-256. Access Control to the data is controlled by the City. Access is granted via membership in designated Active Directory groups. Groups are assigned privileges by the City as to what data and functions they may access. Additionally, individual users may be granted access to specific cases and/or assets and individual cases and/or asset can be locked down to only allow access to a specific list of user (overriding group access privileges). All of the data that resides in the system belongs to the City. Foray does not use this data in any way except, with the permission of the City, to support the system. The privacy policy can be found in Exhibit E to the Agreement. 3. Data destruction: What procedures and safeguards does the vendor have in place for sanitizing and disposing of City data according to prescribed retention schedules or following the conclusion of a project or termination of a contract to render it unrecoverable and prevent accidental and/or unauthorized access to City data? City data is only stored in secure Microsoft Azure Government storage. If the contract is terminated, after the City has had the opportunity to export the data, the data is deleted, and all encryption keys are destroyed. 4. Data Location: Are the data centers where City data may be stored or processed located exclusively in the United States? YES Do you allow your personnel or contractors to store City data on portable devices? NO DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 26 of 40 Do your personnel and contractors access City data remotely? NO. City data is only accessed by personnel with the express permission of the City. If the City has granted permission then that access is done remotely via a secure connection. All access is remote due to this being a Cloud (SaaS) implementation. 5. Security Incidents or Data Breaches: Describe your data breach and incident response communication plans. Has the company experienced any security breaches? If yes, explain. In the advent of a data breach the City will be notified within four hours. The City will be updated regularly as new information becomes available. The company has not experienced any security breaches. 6. Breach Responsibilities: In addition to data breach communication, what additional responsibilities do you have to your customers in the event of a data breach involving private data that is in your control, or in the control of your contractors/subsidiaries, at the time of breach? Do you have cybersecurity insurance? If yes, provide an overview of the coverage. In addition to communication to the City the company has the following responsibilities: - Reset all access - Identify via what mechanism the breach occurred - Close the hole through which the breach occurred - Determine the extent of the breach - Perform a root cause analysis - File a police and/or FBI report 7. Background Checks: Do you conduct criminal background checks on all staff, including subcontractors? Do you employ people convicted of any crime of dishonesty? All staff that potentially have access to City data, with City approval, have undergone background checks. No people are employed that are convicted of any crime of dishonesty. Additionally, the facility in which City data will reside is CJIS compliant. https://www.microsoft.com/en- us/TrustCenter/Compliance/CJIS 8. Access to Security Logs and Reports: The vendor shall provide reports to the City in a format as specified in the SLA agreed to by both the vendor and the City. Reports shall include latency statistics, user access, user access IP address, user access history and security logs for all City files related to this contract. Can you comply with this? DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 27 of 40 YES. In addition to agreed – upon reports, City will have access to Azure Monitoring for their implementation. 9. Risk Assessments and Audits: Do you conduct periodic risk assessments to identify cybersecurity threats, vulnerabilities, and potential business consequences? Do you have regular independent assessments of your cybersecurity processes? Do you perform independent audits of your data center? How often? What level of audit is performed (e.g., SOC2)? Would you be willing to share redacted versions of your most recent risk assessment and audit report with the City? Hosting will be in a Microsoft Azure Government region. https://azure.microsoft.com/en-us/global- infrastructure/government/ https://www.microsoft.com/en-us/trustcenter/compliance/soc https://www.microsoft.com/en-us/TrustCenter/Compliance/CJIS https://www.microsoft.com/en-us/trustcenter/compliance/itar 10. Change Control and Advance Notice: How do you communicate upgrades (e.g., major upgrades, minor upgrades, system changes) that may impact service availability and performance to your customers? Designated personnel at the City will be notified of any upcoming maintenance that will involve downtime. With the exception of critical updates this notification will be at least seven days in advance of the scheduled downtime. 11. Upgrades: Are technology systems (e.g., servers, network devices, operating systems, applications, malware definitions) regularly updated/patched? Do you have any systems in production that are past end of life or that can no longer be patched? The majority of the infrastructure is patched and updated regularly by Microsoft. Those components under the direct control of Vendor are also regularly patched and updated. There are no portions of the system past the end of life or that can no longer be patched. 12. Non-disclosure and Separation of Duties: Describe how you enforce separation of job duties and limit staff knowledge of City data to that which is necessary to perform job duties. Only authorized Staff with City permission can access City data. It is not necessary to access City data to perform regular maintenance of the system. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 28 of 40 13. Import and Export of Data: Describe the data import and export processes from the customer’s perspective. Import Process a. Blank drives are shipped to City b. Data is prepared using utility from Vendor c. Data is copied to drive and encrypted at rest using import utility d. Metadata from import utility is uploaded to Azure e. Drives are shipped to Microsoft Azure Government data center f. Drives are received and processed at the data center g. Drives are shipped back to the City Export Process a. Export job is created b. Drives are shipped to Microsoft Azure Government data center c. Drives are received and processed at the data center d. Drives are encrypted and the encryption keys are made available e. Drives are shipped back to the City Additional Requirements 1. Subcontractor Disclosure: Identify all your strategic business partners related to services provided under this arrangement, including but not limited to all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with the you, and who shall be involved in any application development and/or operations. Microsoft, specifically a Microsoft Azure Government Data Center, is the only strategic business partner related to the services provided. 2. Right to Remove Individuals: The City shall have the right at any time to require that the vendor remove from interaction with City any vendor representative who the City believes is detrimental to its working relationship with the vendor. Can you comply with this? YES 3. Encryption of Data at Rest: Can you ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140-2, Security Requirements for Cryptographic Modules for all personal data? YES. The encryption used for hard drives, both to import/export data as well as data stored in the cloud, is FIPS 140-2 compliant. 4. Internet-Facing Security: We may use BitSight (like a credit report for cyber security) to assess your internet-facing security. Do you subscribe to BitSight or a similar service, and if so are you willing to provide a sanitized report? We do not subscribe to BitSight DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 29 of 40 5. Service Interruption: In the event of an interruption of your service, what is your process for notifying customer operations of the circumstances of the interruption or outage and the expected recovery time? In the event of an unscheduled interruption in service the City will be notified within four hours with the status and expected recovery time. In the event of extended downtime the City will be updated of the status, including expected recovery time, at least twice daily. 6. Backup and Recovery: What is your backup & recovery SLA? What are the actual results/metrics vs. the SLA for the last 12 months? Is your backup data encrypted and, if so, to what standard? Backup and recovery as it relates to this SaaS solution falls into two categories. Data in the “repository”, which represents the bulk of the data, and backup of the database. The database stores indexing and configuration data only. Repository Data This data is stored in Microsoft Azure’s Blob storage which has 99.999999999% (11 9’s) durability. In inherently includes multiple copies of the data. For any files which may change, and small subset of the total data, all versions of those files are kept. Thus the system has infinite point-in-time backups. Data durability can be further increased to 99.99999999999999% (16 9’s) durability by adding optional geographic redundancy. All of the data in the repository is encrypted using AES-256 encryption, including the point-in- time versions of files. Database Data The database data is backed up nightly and encrypted using AES-256 encryption. Recovery The database can be recovered from backup in less than one hour. The database, less the configuration data, can be rebuilt from the repository in the unlikely event of a catastrophic loss of database data. 7. Authentication: Do you have an internal password policy? Do you have complexity or length requirements for passwords? Do employees/contractors have ability to remotely connect to your production systems? (i.e. VPN. Is multi-factor authentication available? Do you require MFA for administration of your service (local or remote)? Do you support SSO/SAML ADFS for customer access? Passwords used to access systems that contain City data are 20+ random characters. By nature of this being a cloud based system all access to the system is inherently remote. All access is via encrypted connections. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 30 of 40 ADFS is supported for City access and is recommended. If ADFS is used then Integrated Windows Authentication (IWA) aka SSO is also supported for domain joined devices. Subcontractors Foray will not use any subcontractors. There is no additional third-party software that is required to make ADAMS function. System Functionality and Ease of Use ADAMS is a secured, multi-tiered web-based digital asset and evidence management platform that pro- vides digital evidence acquisition, management, security, processing, and publishing capabilities and provides authentication, tracking, management, storage and retrieval of all digital assets including, but not limited to digital images, imaged documents, imaged computer hard drives, recorded video and audio clips, captured mobile phone memory, and so forth. This solution is a web-based, fully automated solution, and consists of reliable, dependable, commercial off-the-shelf (COTS) modules that include the following features and functionality: • Manages and tracks the complete life-cycle (acquire, archive, delete) of digital evidence. • Uses open standards for storage of all digital assets and related information. • Acquires, authenticates and manages digital assets from all digital devices and all file formats • Manages, maintains and controls multiple user levels for secured access. • Allows for customization of user rights and control access permission (such as authorizing access based on per case, per asset, etc.). • Maintains a detailed chain of custody by automatically tracking all user actions and access to digital assets • Accommodates a number of agency-specific configuration options that can be customized by the ADAMS Administrator, such as asset folder types, asset categories, crime types and so forth. • Provides compatibility with Open DataBase Connectivity (ODBC) standards and provides maximum compatibility with other systems such as a LIMS, RMS, CAD, Case Management System, etc. • Provides remote (distributed) access and local asset sharing. • Provides remote entry/access (crime scene, squad car, photo lab, etc.). The ADAMS solution can be scaled easily – from a single user, to a large distributed network solution – to accommodate large numbers of users (both internal and remote), each with different permissions and capabilities. The ADAMS’ robust, open system design coupled with its total flexibility provides endless configuration possibilities. For example, some larger deployments may have numerous users who require only a small subset of functions, such as acquire or view, while DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 31 of 40 other super-users may need all of the processing, printing, exporting and other features offered by the full platform. The result is an incomparable, solution tailored to match your unique, digital evidence management needs today and provide a platform for unlimited growth in the future. With ADAMS, local as well as remote users can search, view or request access to evidence and assets using any number of possible configuration options, such as: • A single user in a single department • Multiple users in a single department • Multiple users in multiple departments in an agency in one geographical location (i.e., property room, investigations, photo lab, crime scene unit, crime lab, etc.) • Multiple users in multiple departments in an agency with multiple geographical locations (i.e., a state lab with two or more remote labs located throughout the state) • Multiple users in multiple departments sharing information electronically between multiple agencies (i.e., Fort Collins PD sharing information with County DA’s office, etc.) With the Foray ADAMS comprehensive solution, the Fort Collin’s Police Department will receive: • Securely stored and organized digital evidence whether that evidence be photographs, audio files or video files • Digital evidence maintained with the highest possible level of data security • The ability to preserve and protect the integrity of digital files • Improved and streamlined digital file acquisition and retrieval processes • Control over collection, storage and management of evidence gathered at crime scenes • Streamline evidence processing, reduce redundant data entry, increase efficiency, and improve check-in response time • Rigorous check-in and check-out processes, your chain of custody is locked down from the time evidence is collected to laboratory analysis to its day in court and final disposition • Improved and streamlined digital file acquisition and retrieval processes • Streamlined and standardized managing of workflow processes • Functionality for integration to existing systems within the City • Increased staff productivity DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 32 of 40 Data Conversion Foray has successfully converted existing data from competitive/alternate systems many times. Making legacy data readily available within ADAMS for access. Our approach is to use our utility that can take exported data and import the data into ADAMS. If Foray has to extract the data out of existing system because it cannot be exported, those services will be priced separately. System Implementation/ Optimization/ Maintenance/Training/Deployment/ Technical Support Foray allows users to make tailor systems screens, fields, drop downs, workflows, forms, letters, and labels to fit the Agency’s needs. Foray will assist in doing this during installation and will show the System Administrators how they can make changes as needed. Foray can always be contacted for assistance. Foray will provide 5 days of on-site training to the Fort Collins’ Police Department. The System Administrator and designated City IT personnel will receive approximately 12 hours of advanced System Admin, high level security, account creation, solution configuration and property room configuration training. The System Administrator and Property Room personnel (up to 7 attendees) will receive 3 days of extensive hands on training for the proper use and operation of the application components that permit entry, retrieval, processing, inventory and auditing, printing, reports, etc. Training for upload/evidence entry and view only capabilities will be performed over a 4-hour training period. Foray uses a “train the trainer” approach to ensure system continuity and to help the City optimize its return on investment. Our goal is to ensure that designated users are properly trained so that they may train other City staff. Foray Technologies will work with City personnel to create a complete, comprehensive Training Plan for the end users, technical staff, and system administrators. An in-depth training plan will be provided to the City during the project planning phase after the final scope of work and services has been confirmed. The training will be conducted on the actual solution implemented at the City using real-world cases so there is no confusion once training is completed and the users can start using the system to do their day- to-day case work. Foray provides both online Refresher Training and online documentation for the ADAMS applications (user manuals, etc.) ADAMS documentation will provide step-by-step instructions on all functions, processes and administrative tasks for the ADAMS solution. This documentation can also be found online at the Foray Online Support Center. Customer Service and Technical Support The proposed ADAMS solution is covered under a one-year maintenance and technical support agreement effective immediately upon completion of the installation and training and includes: • Unlimited access to Foray Technologies’ Support Desk, M - F 7:00 AM - 4:00 PM Pacific Time • Access to Emergency Support 24/7/365 for one designated City System Administrator (if purchased by City) • 24/7 on-line maintenance support ticketing and escalation DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 33 of 40 • Free ADAMS software updates and version upgrades • Internet-based remote diagnostics and troubleshooting of ADAMS software (provided via secure remote desktop connection) The City will have the option of purchasing extended maintenance annually after the initial one- year support and maintenance has expired. Technology Utilization, Planning and Cyber Security The ADAMS solution is developed using Microsoft .NET running on Microsoft Azure Cloud platform. The product has unlimited storage capacity. ADAMS is 508 compliant for accessibility. User privileges and permissions are managed via the ADAMS User Rights Management functionality, which allows the administrator to customize user rights and control access permissions for actions on per case, per asset and per feature/function basis such as deleting, moving evidence from one location to another, checking evidence in/out, printing, releasing evidence, exporting, etc. Custom groups can be created within Active Directory and users can be added to those groups, then privileges can be assigned to those groups. The User Rights Management module also provides for management by exception. This enables the ability to grant specific users access to an individual case or asset as well as lock down a case or asset so that only a specific user or list of users can access it. All user rights management are managed and controlled by the City staff and do not require any Supplier intervention. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 34 of 40 EXHIBIT C – PROJECT SCHEDULE Milestone Description Responsibility Estimated Start Date Estimated Completion Date Receive Award Notification Foray 05/20/19 05/20/19 Contract Negotiation/Finalization Foray & City 06/25/19 07/10/19 Receive Purchase Order Foray 07/31/19 07/31/19 Mail Order Confirmation letter to City Project Manager Foray 07/31/19 07/31/19 Phase I: Project Planning & Initiation Schedule Initial PM Call with City PM Foray 08/07/19 08/14/19 Schedule Project Planning Call with City Stakeholders Foray 08/07/19 08/14/19 Initial Project Planning Call with City Stakeholders Foray & City 08/28/19 08/28/19 Weekly Status Update Call Foray & City TBD – As needed TBD Deliver Draft Project Management Plan Foray 09/04/19 09/04/19 Deliver Configuration Options/Lists City 09/11/19 09/18/19 Deliver Report Templates City 09/11/19 09/18/19 Deliver SOPs/Workflows City 09/11/19 09/18/19 Deliver Sample Data Set for Migration City 09/11/19 09/18/19 Deliver User Groups/Privileges City 09/11/19 09/18/19 Set Project Kick Off Date Foray & City 9/18/19 09/18/19 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 35 of 40 Milestone Description Responsibility Estimated Start Date Estimated Completion Date Deliver Final Project Management Plan Foray 09/18/19 09/25/19 Deliver Training Plan Foray 09/18/19 09/25/19 Weekly Status Update Call Foray & City TBD- As needed TBD Phase II: Configuration Configuration of ADAMS solution Foray 09/30/19 12/31/19 Active Directory Integration Foray & City 11/04/19 11/18/19 Testing of Configuration Foray 12/30/19 01/06/20 User Testing and System Acceptance City 01/06/20 01/13/20 Sign-Off on Configuration City 01/13/20 01/13/20 Weekly Status Update Foray & City Bi weekly Bi weekly Phase III: Training System Admin / IT Training Foray & City 01/20/20 01/22/20 User Familiarization Training – System Admin and Power Users Foray & City 01/22/20 01/24/20 User Familiarization Training – Remote Upload and Access Users Foray & City 01/22/20 01/24/20 Weekly Status Update Foray & City TBD TBD Phase IV: Production/Go-Live Foray & City 01/27/20 01/27/20 Phase V: Post Production Support Foray & City 01/27/20 Ongoing Phase VI: Accelerated Feature Implementation (if applicable) Foray 01/27/20 04/27/20 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 36 of 40 EXHIBIT D - COST The proposed ADAMS solution includes all travel expenses. Optional Services The City has requested 24/7/365 Technical Support. Should the City elect to have this option for a System Administrator, the annual cost for this service tier is $16,500. The City can elect to implement a digital evidence only or a physical property only solution if needed. Pricing can be adjusted to reflect this change. Should the City desire an on-premise solution, Foray can provide alternative pricing. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 37 of 40 EXHIBIT E – FORAY PRIVACY STATEMENT DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 38 of 40 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 39 of 40 EXHIBIT F INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 Official Purchasing Document Last updated 10/2017 8876 Evidence Management System Services Agreement Page 40 of 40 EXHIBIT G CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 See below Proof of insurance. FORAYTEC1 7/16/2019 Calvin Bardin Select Commercial Lines - (602) 666-4800 602-666-4780 610-537-2283 USI Insurance Services LLC Calvin.Bardin@usi.com 2421 West Peoria Ave, Suite 110 Phoenix, AZ 85029 Travelers Property Casualty Co of America 25674 Travelers Indemnity Co. of Connecticut 25682 Foray Technologies LLC 3911 5th Ave Ste 300 San Diego CA 92103 14427689 A X ZLP12R7765519I5 1,000,000 1/28/2019 1/28/2020 X 300,000 10,000 1,000,000 2,000,000 X 2,000,000 B BA3L17124719I5G 1/28/2019 1/28/2020 1,000,000 X X X X A CUP0N82439019I5 1/28/2019 1/28/2020 2,000,000 2,000,000 A UB9J63732519IFG 1/28/2019 1/28/2020 X 1,000,000 1,000,000 1,000,000 City of Fort Collins - Purchasing Department 215 North Mason, 2nd Floor PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 See below Certificate holder is additionally insured with respect to general liability & auto liability. FORAYTEC1 7/17/2019 Calvin Bardin Select Commercial Lines - (602) 666-4800 602-666-4780 610-537-2283 USI Insurance Services LLC Calvin.Bardin@usi.com 2421 West Peoria Ave, Suite 110 Phoenix, AZ 85029 Travelers Property Casualty Co of America 25674 Travelers Indemnity Co. of Connecticut 25682 Foray Technologies LLC 3911 5th Ave Ste 300 San Diego CA 92103 14428844 A X ZLP12R7765519I5 1,000,000 1/28/2019 1/28/2020 X 300,000 10,000 1,000,000 2,000,000 X 2,000,000 B BA3L17124719I5G 1/28/2019 1/28/2020 1,000,000 X X X X A CUP0N82439019I5 1/28/2019 1/28/2020 2,000,000 2,000,000 A UB9J63732519IFG 1/28/2019 1/28/2020 X 1,000,000 1,000,000 1,000,000 (This certificate replaces certificate# 14427689 issued on 7/16/2019) City of Fort Collins - Purchasing Department 215 North Mason, 2nd Floor PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 be provided. 10-Cloud-Based System Requirements: 1. Individual assets and the database must meet CJIS requirements for encryption of CJI data in transit and at rest. Yes Foray meets this requirement. DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5 DocuSign Envelope ID: 561706F3-DDA9-4D2B-A2AD-32DC58CAE3D5