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HomeMy WebLinkAboutRFP - 8161 FLOOD WARNING SYSTEM (2)Financial Services City of Purchasing Division 215 N. Mason St. 2"d Floor FO Co Box ort ins Fort Co11580 CO 80522 970.221.6775 Purchasing 970.221.6707 fcgov.com/purchasing REQUEST FOR PROPOSAL 8161 FLOOD WARNING DATA MANAGEMENT SOFTWARE The City of Fort Collins (City) is seeking a vendor to provide Flood Warning Data Management Software. The software package will be used to manage Flood Warning System (FWS) data received by the City's FWS gage network. As part of the City's commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing(a)fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), October 23, 2015 and referenced as Proposal No. 8161. If delivered, they are to be sent to 215 North Mason Street, 2d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City's policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions regarding bid submittal or process should be directed to Pat Johnson, All questions must be submitted in writing via email to Pat Johnson, Senior Buyer at pjohnson@fcgov.com., no later than 5:00 PM our clock on October 12, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockvmountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City's Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, RFP 8161 FWS Software Page 1 of 31 d. What is your experience using DIADvisor? Converting data from DIADvisor to your suggested solution? 3. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or sub consultants, and their individual areas of responsibility. A resume for each professional and technical person assigned to the contract, including partners and/or sub consultants, shall be submitted. The resumes shall include at least three individual references from previous assignments. 4. Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub consultants with titles and their specific task assignment for this contract shall be provided in this section. NOTE: Any Personnel Changes within the awarded Contract will need to be approved by the City of Fort Collins Project Manager. 5. References (current contact name, current telephone number and email address) from at least three municipal/public sector references worked with during the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. D. AVAILABILITY Describe the availability of project personnel to participate in this project in the context of the consultant firm's other commitments. E. SUSTAINABILITY/TBL METHODOLOGY In no more than two (2) pages please describe how your organization strives to be Sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc.. F. COST AND WORK HOURS In your response to this proposal, please provide the following: 1. Estimated Hours by Task: Provide estimated hours for each proposed and optional task, including the time required for meetings, conference calls, etc. 2. Schedule of Rates: Provide a schedule of billing rates by category of employee to be used during the term of the contract. This fee schedule will be firm for one year from the date of the contract. 3. Cost by Task: Provide the cost of each task identified in the Required Services/Deliverables section and for tasks that are recommended. Provide a total not to exceed figure for the Required Services/Deliverables. Price all additional services/deliverables separately. 4. Offerors must submit implementation costs that include all necessary training. Offerors shall include a daily rate for training to be used only if additional days are requested by the City. 5. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Travel expenses will be RFP 8161 FWS Software Page 10 of 31 reimbursable as per the attached Exhibit F, Fort Collins Expense guidelines. Consultant will be required to provide original receipts to the City for all travel expenses. 6. Consultant shall include a current fee schedule. Fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. A fee schedule for sub -consultants, if used, shall be included. G. Additional Information Provide any information that distinguishes Consultant from its competition and any additional information applicable to this RFP that might be valuable in assessing Consultant's proposal. V. REVIEW AND ASSESSMENT Proposals will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR Does the proposal show an understanding of the project objective and is the response appropriately thorough with detail to the methods used and results that are Scope of Proposal & desired from the project? Does the Software meet the 3.0 Functionality technical requirements provided in the SOW? Is post - project set-up and/or customization of the software required by the City extensive or does the software solution provided at time of project completion closely match the City's needs? Do the persons who will be working on the project 2.0 Assigned Personnel have the necessary skills? Are sufficient people of the requisite skills assigned to the project? Can the work be completed in the necessary time .5 Availability Can the target start and completion dates be met. Does the firm demonstrate a commitment to Sustainability/TBL Sustainability and incorporate Triple Bottom Line .5 Methodology methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? Are the proposed costs for licensing, maintenance, Cost and Work setup/configurations and training reasonable? Are 2.0 Hours the work hours presented reasonable for the effort required in each project task or phase? RFP 8161 FWS Software Page 11 of 31 Does the firm have the necessary experience and 2.0 Firm Capability demonstrated expertise requested? Has the firm completed previous projects of this type and scope? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as "Environmentally Preferable Purchasing" (EPP), or "Green Purchasing". The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it "captures the essence of sustainability by measuring the impact of an organization's activities on the world... including both its profitability and shareholders values and its social, human, and environmental capital." References The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Was the Professional responsive to client needs; Completeness did the Professional anticipate problems? Were problems solved quickly and effectively? Appropriateness Was the software solution appropriate for the City request for services? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? RFP 8161 FWS Software Page 12 of 31 HMGP 4145 Project 16-F Encumbrance MG4145016126 § VI. FEDERAL TERMS & CONDITIONS 21. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate Page 13 of 31 HMGP 4145 Project 16-F Encumbrance MG4145016126 termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or Grant with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or Grant with an illegal alien to perform work under this Grant or enter into a Grant with a Sub -grantee that fails to certify to Grantee that the Sub -grantee shall not knowingly employ or Grant with an illegal alien to perform work under this Grant. Grantee (a) shall not use E-Verify Program or State program procedures to undertake pre- employment screening of job applicants while this Grant is being performed, (b) shall notify the Sub - grantee and the Granting State agency within three days if Grantee has actual knowledge that a Sub -grantee is employing or Granting with an illegal alien for work under this Grant, (c) shall terminate the subGrant if a Sub -grantee does not stop employing or Granting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the Granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the Granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101. Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 14 of 31 HMGP 4145 Project 16-F Encumbrance MG4145016126 EXHIBIT A — APPLICABLE FEDERAL LAWS AND STATE GRANT GUIDANCE The following are incorporated into this contract without limitation: 1. Age Discrimination Act of 1975, 42 U.S.C. Sections 6101, et seq. 2. Age Discrimination in Employment Act of 1967, 29 U.S.C. 621-634 3. Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq. 4. Equal Pay Act of 1963, 29 U.S.C. 206(d) 5. Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b 6. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 7. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d 8. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e 9. Title IX of the Education Amendment of 1972, 20 U.S.C. 1681, et seq. 10. Section 24-34-301, et seq., Colorado Revised Statutes 1997, as amended 11. The applicable of the following: I I.1.Cost Principals for State, Local and Indian Tribal Governments, 2 C.F.R. 225, (OMB Circular A-87); 11.2.Cost Principals for Education Institutions, 2 C.F.R. 220, (OMB Circular A-21); 11.3.Cost Principals for Non -Profit Organizations, 2 C.F.R. 230, (OMB Circular A-122), and 11.4. Audits of States, Local Governments, and Non -Profit Organizations (OMB Circular A-133); and/or the Colorado Local Government Audit Law, 29-1-601, et seq, C.R.S., and State implementing rules and regulations. 11.5.Immigration Status -Cooperation with Federal Officials, CRS 29-29-101, et seq. 11.6.Davis-Bacon Act, 40 U.S.C. SS 276a to 276a-7. 11.7.Copeland Act, 40 U.S.C. S 276c and 18 U.S.C. SS 874. 11.8. Contract Work Hours and Safety Standards Act, 40 U.S.C. SS 327-333, regarding labor standards for federally assisted construction sub -awards. 11.9. Wild and Scenic Rivers Act of 1968, 16 U.S.C. SS 1271 et. seq., related to protecting components or potential components of the national wild and scenic rivers system. 11.10. National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470, Executive Order No. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974,16 U.S.C. 469a-1 et. seq. 11.11. Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act), 42 U.S.C. 5121 et seq., as amended. 11.12. National Flood Insurance Act of 1968, 42 U.S.C. 4001 et. seq. 11.13. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 104. 11.14. Department of Defense Authorization Act of 1986, Title 14, Part B, Section 1412, Public Law 99-145, 50 U.S.C.1521. 11.15. USA PATRIOT Act of 2001, (Pub. L. 107-56). 11.16. Digital Television Transition and Public Safety Act of 2005, (Pub L. 109-171) 12. Federal Emergency Management Agency, Department of Homeland Security Regulations: All Applicable Portions of 44 CFR Chapter 1, with the following Parts specially noted and applicable to all grants of FEMA/DHS funds: 12.1 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 44 C.F.R.13. 12.2 Govemmentwide Debarment and Suspension (Nonprocurement) and Requirements for Drug -Free Workplace, 44 C.F.R.17. 12.3 New Restrictions on Lobbying, 44 C.F.R. 18. 13. Privacy Act of 1974, 5 U.S.C. S 5529 and Regulations adopted thereunder (44 C.F.R. 6). 14. Prohibition against use of Federal Funds for Lobbying, 31 U.S.C. 1352 15. None of the funds made available through this agreement shall be used in contravention of the Federal buildings performance and reporting requirements of Executive Order No. 13123, part 3 of title V of the National Energy Conservation Policy Act, 42 U.S.C. 8251 et. Seq., or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby). 16. None of the funds made available shall be used in contravention of section 303 of the Energy Policy Act of 1992, 42 U.S.C. 13212. 17. Buy American Act, 41 U.S.C. 10a et seq. 18. Relevant Federal and State Grant Program Guidance Page 1 of 1 - Exhibit A Page 15 of 31 EXHIBIT A PROPOSAL ACKNOWLEDGEMENT Consultant hereby acknowledges receipt of the City of Fort Collins Utilities' Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Consultant hereby makes the following representations to Utilities: a. All of the statements and representations made in this proposal are true to the best of the Consultant's knowledge and belief. b. The Consultant has obtained all necessary authorizations and approvals that will enable the Consultant to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of _ addenda. Consultant Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: RFP 8161 FWS Software Page 16 of 31 EXHIBIT B SOFTWARE LICENSE AGREEMENT This Software License Agreement ("Agreement") is entered in to between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City") and hereinafter ("Company"), and shall be effective on the date signed by the City. 1. Definitions a. Software. The term "Software" shall mean the computer program in object code and source code and the user manuals described in the specifications set forth in Exhibit 'A" Statement of Work. The term "Software" includes any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to such computer program and user manuals. b. Certificate of Installation. The term "Certificate of Installation" shall mean a written notice, signed by Company and acknowledged by the City, certifying that the Software has been installed, that the Software substantially complies with the specifications set forth in Exhibit "A," that the software has been fully configured and that the master records ("rules") for the operation of the program have been established and that the training of City employees is complete. 2. License a. Grant of License. Company grants City, pursuant to the terms and conditions of this Agreement, a perpetual, nonexclusive, nontransferable license to use the Software. Authorized Equipment and Site. City shall use the Software on the computers used for City business. Restrictions on Use. City agrees to use the Software only for City's business, including any collaborative services with other governmental entities, provided appropriate licensing fees have been paid to the Company. Copies. City may make archival copies of the Software's computer program, provided that the copies shall include Company's copyright and any other proprietary notices. e. Modifications, Reverse Engineering. City agrees that only Company shall have the right to alter, maintain, enhance or otherwise modify the Software. City shall not disassemble, decompile or reverse engineer the Software's computer program. f. User Manuals. Company shall provide City with a minimum of three paper copies and one CD copy of the user manuals, and the manuals shall be updated with each new release of the Software and shall be updated no less than annually. g. Personnel. Company personnel working with the City shall be acceptable to the City. 3. Delivery, Installation, Data Conversion, Testing and Acceptance. All activities related to the implementation of the Software shall proceed in accordance with Exhibit "B", Implementation Schedule. Each activity listed in Exhibit B shall include both a start date and completion date. In addition, the Implementation Schedule shall incorporate the following specific activities. RFP 8161 FWS Software Page 17 of 31 a. Delivery. Company shall deliver the Software to the City location(s) specified by the Information Services Director of the City within a mutually agreed time after the effective date of this Agreement. b. Installation. Company shall install the Software at the locations designated. City shall grant Company access to the location(s) and the computer system(s) for the period of time required for such installation. C. Data Conversion. Data conversion, data entry and verification of data shall be completed in accordance with the specifications of City as set forth in Exhibit "A." d. Testing. City shall have thirty (30) days, commencing upon delivery of the Certificate of Installation, to test the Software for substantial compliance with the specifications set forth in Exhibit "A" (the "Testing Period). City shall provide notice to Company of any failure of the Software to comply with such specifications. Upon receipt of such notice, Company shall use its best efforts to remedy the failure and install a fix within five (5) days. If City provides such notice to Company, the Testing Period, at City's option, may be extended for thirty (30) days after Company asserts to City that the problem has been fixed. e. Acceptance. Acceptance shall occur (i) upon City's delivery of notice to Company that the Software substantially complies with the specifications set forth in Exhibit "A", or (ii) if City does not provide notice of a failure of the Software after thirty (30) days from the close of the Testing Period, then after thirty (30) days after the close of the Testing Period, Acceptance shall be deemed to have occurred. 4. License Fee In General. In consideration for the license(s) granted by Company under this Agreement as set forth in Exhibit "C", Pricing Quotation, City shall pay Company a fee, not to exceed $ b. Payment Terms.Each installation of the License Fee shall be due and payable in accordance with the Payment Schedule, which is incorporated into Exhibit "B", Implementation Schedule. All amounts are due thirty (30) days from receipt of invoice by City from Company. 5. Ownership a. Title. City and Company agree that Company owns all proprietary rights, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Software and any corrections, bug fixes, enhancements or updates to the Software. b. Transfers. Under no circumstances shall City sell, license, publish, display, distribute, assign or otherwise transfer to a third party the Software or any copy thereof, in whole or in part, without Company's prior written consent, except in when City is using the Software to provide collaborative services with other governmental entities and the appropriate licensing fees have been paid to the Company for this usage. Confidential Information RFP 8161 FWS Software Page 18 of 31 Company agrees not to use City data except when specifically authorized by City, and to treat all City data as confidential. City agrees to maintain the confidentiality of proprietary information identified as such by Company to the extent allowed by law. 7. Warranty Company warrants to City that for a period of one year commencing upon Acceptance, the Software will substantially comply with the specifications set forth in Exhibit "A." During this warranty period, Company shall also provide City the support and maintenance services set forth in the Software Maintenance Agreement appended hereto as Exhibit "D." After expiration of the warranty period, Company shall provide support and maintenance for the Software pursuant to the terms of such Maintenance Agreement. 8. Indemnification Indemnity Company shall indemnify and hold harmless City from and against any claims, including reasonable legal fees and expenses, based upon infringement of any copyright or patent by the Software. City agrees to notify the Company of any such claim promptly in writing and to allow Company to control the proceedings. City agrees to cooperate fully with Company during such proceedings. Company shall defend and settle at its sole expense all proceedings arising out of the foregoing. In the event of such infringement, Company may replace, in whole or in part, the software with a substantially compatible and functionally equivalent computer program or modify the Software to avoid the infringement. 9. Insurance Company agrees to maintain workers' compensation and employer's liability insurance at the statutory limits. Company will also maintain a commercial general liability policy in the amount of $500,000.00 per occurrence; $1,000,000.00 aggregate' $1,000,000.00 products and completed operations aggregate 10. Source Code The uninterrupted availability of the Software is critical to City in the operation of its business. Company agrees to provide the source code to the Information Services Director of City. 11. Term and Termination a. Effective Date. This Agreement and the license granted hereunder shall take effect upon the date the City executes this Agreement. b. Termination. City shall have the right to terminate this Agreement upon giving thirty (30) days notice. C. Within thirty (30) days after termination of the license, City will return to Company, at Company's expense, the Software and all copies thereof or delete or destroy all other copies of the Software and inform the Company that the Software has been returned or all copies deleted or destroyed, and its use discontinued. RFP 8161 FWS Software Page 19 of 31 supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization's philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City's standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8161 FWS Software Page 2 of 31 12. Force Majeure Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises due to any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement. 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 be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Notices All notices under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Mel ►AI9_1kil Attn: CITY: City of Fort Collins Attn: Purchasing Dept. P.O. Box 580 Fort Collins, CO 80522 With a Copy To: City of Fort Collins Attn: P.O. Box 580 Fort Collins, CO 80522 RFP 8161 FWS Software Page 20 of 31 16. General Provisions. a. Complete Agreement. This Agreement, its attachments, the City's Request for Proposal and the Company's Response to the Request for Proposal are the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to this Agreement. b. Order of Precedence. In the event of any conflict or inconsistency among documents related to this Agreement, said conflict or inconsistency shall be resolved by giving precedence to the later dated document. Unless otherwise agreed to by both parties, document precedence shall be as follows: (1) the Software License Agreement; (2) the Request for Proposal; (3) the Company's response to the Request for Proposal. C. Amendment. This Agreement may not be modified, altered or amended except by written instrument duly executed by both parties, except that address for notice may be changed as provided in section 13. d. Waiver. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. e. Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute, court decision or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. f. Survival. All provisions of this agreement that by their nature would reasonably be expected to continue after the termination of this Agreement will survive the termination of this Agreement. g. Governing Law. This Agreement and performance hereunder shall be governed by the laws of the State of Colorado. Venue for any cause of action arising hereunder shall be in Larimer County, Colorado. h. Read and Understood. Each party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms. RFP 8161 FWS Software Page 21 of 31 THE CITY OF FORT COLLINS, COLORADO Gerry S. Paul Director of Purchasing and Risk Management Date: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [BUSINESS NAME] PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: CORPORATE SECRETARY (Corporate Seal) RFP 8161 FWS Software Page 22 of 31 EXHIBIT C SOFTWARE MAINTENANCE AGREEMENT This Software Maintenance Agreement ("Agreement") is entered into between the FORT COLLINS, COLORADO, a municipal corporation, hereinafter "City" and , hereinafter "Company", and shall be effective on the date signed by the City. Scope of Agreement. CITY OF a. General. Company agrees to provide City standard maintenance, on -site support, and training services for the computer programs and user manuals listed below (collectively "Software") and regular upgrades including enhancements and user manuals. b. Software. This agreement covers the software described in Exhibit "A" of the Software License Agreement between the City of Irving, Texas and Company dated C. Company shall provide updates to the software as required in order that the software reflect current federal and state laws or requirements of the federal or state government or federal or state regulatory agencies. d. User Manuals. When this agreement refers to "User Manuals," it shall include any user manuals which are designed for the software and any user manuals listed in Exhibit "A" and all manuals provided to users for the software listed above. At least three (3) user manuals shall be provided in paper format and one (1) in CD format. The user manuals shall be updated with each new release of the software and shall be update at least annually. Term This Agreement shall be effective for one year from the effective date, and may be shall automatically renew for up to four additional one year periods unless sooner terminated as provided herein. Such renewals shall be subject to sufficient funds being appropriated annually by the Fort Collins City Council, which appropriations are in the Council's sole discretion. 3. Standard Maintenance Services Scope of Services. During the term of this Agreement, Company will provide City the following Standard Maintenance Services for the Software: a. Corrections of substantial defects in the Software so that the Software will operate as described in the user manuals listed above, as modified by the City's Specifications, set forth in Exhibit "A" of the Software License Agreement. b. Periodic updates of the Software that may incorporate (A) corrections of any substantial defects; (B) fixes of any bugs; (C) enhancements to the Software; and (D) upgrades to user manuals as sets out above. C. Telephone support, including dial -up support, between the hours of 7:00 a.m. to 7:00 p.m. Central Time, Monday through Friday, excluding City of Fort Collins holidays, to assist City in using the Software. RFP 8161 FWS Software Page 23 of 31 d. In the event of emergencies, or systems failures caused by Company's software upgrades which occur outside of the designated support hours established by Section 3(c), telephone support, including dial -up support, twenty-four (24) hours per day, seven (7) days per week for the term of the Agreement. e. Maintenance at Company's office of a test version, including a test database, for the most recent version of City's Software. 4. On -Site Support Company, upon receipt of a written request from City, will provide City On -Site Support at a mutually agreed time. City agrees to pay Company's costs associated with the provision of on -site support, including charges for (i) Company's personnel; (ii) charges for travel, lodging and miscellaneous expenses (if personnel must travel more than 75 miles) in accordance with City guidelines for travel expenses; and (iii) applicable taxes. 5. Training Upon receipt of a written request from City, Company will provide Training at a mutually agreed time at the offices of City, unless City agrees to receive the Training elsewhere. City agrees to pay Company all costs associated with this Training in accordance with costs reflected in Exhibit "C", Pricing Quotation, including (i) charges for Company's personnel, which may include a surcharge for training conducted at City's location; (ii) charges for travel, lodging and miscellaneous (if personnel must travel more than 75 miles) in accordance with City guidelines for travel expenses; and (iii) applicable taxes. 6. Maintenance Fee a. Warranty Period. Company will not charge City any Maintenance Fee for the Warranty Period, as defined in City's Software License Agreement for the Software. b. Amount of Fee. City agrees to pay Company an annual Maintenance Fee, the amount set forth in Exhibit "C", Pricing Quotation for Standard Maintenance Services provided by Company pursuant to this Agreement. The amount charged for these services shall not increase by more than five (5) percent from one year to the next, in the event of renewal. 7. Payment Terms City agrees to pay Company by thirty (30) days after receipt by City of invoices for agreed upon fees. B. Obligations Of City a. City Contact. City shall notify Company of City's designated City Contact. To the maximum extent practicable, City's communications with Company will be through the City Contact. b. Installation. City agrees to install all corrections of substantial defects, minor bug fixes and updates, including any enhancements, for the Software in accordance with the instructions and in order of receipt from Company. RFP 8161 FWS Software Page 24 of 31 C. Facility and Personnel Access. City agrees to grant Company reasonable access to City's facilities and personnel concerned with the operation of the Software to enable Company to provide services. d. No Modification of Software. City agrees not to modify, enhance or otherwise alter the Software, unless and only to the extent such modification, enhancement or other alteration is specifically authorized in the user manuals identified in this Agreement or through the consent of Company. e. Error Documentation. Upon detection of any error in the Software, City, as requested by Company, agrees to provide Company a listing of output and any other data, including databases and backup systems, that Company reasonably may request in order to reproduce operating conditions similar to those present when the error occurred. 9. Termination City shall have the right to terminate this Agreement at any time upon giving thirty (30) days notice to Company. Upon termination, City shall be entitled to a pro rata refund. Company shall have the right to terminate this Agreement and all services provided pursuant to this Agreement (i) upon termination of City's Software License Agreement by either party for any reason; and (ii) if City violates any provision of this Agreement and City fails to cure such violation within fifteen (15) days after receipt of written notice from Company. 10. Indemnification Company shall indemnify and hold harmless City, its officers, agents and employees against and from any all actions, suits, claims, demands or liability of any character whatsoever arising out of, resulting from, or occurring in connection with the performance of any services hereunder. 11. Insurance Company agrees to maintain workers' compensation and employer's liability insurance at the statutory limits. Company will also maintain a commercial general liability policy in the amount of $500,000.00 per occurrence; $1,000,000.00 aggregate' $1,000,000.00 products and completed operations aggregate 12. Source Code The uninterrupted availability of the Software is critical to City in the operation of its business. Company agrees to provide the source code to the Information Services Director of City. 13. Force Majeure Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises due to any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The parties will promptly inform and consult with each other as to any of the above causes, RFP 8161 FWS Software Page 25 of 31 which in their judgment may or could be the cause of a delay in the performance of this Agreement. 14. 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. 15. 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 be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Notices All notices under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: COMPANY: Attn: CITY: City of Fort Collins Attn: Purchasing Dept. P.O. Box 580 Fort Collins, CO 80522 With a Copy To: City of Fort Collins Attn: P.O. Box 580 Fort Collins, CO 80522 17. General Provisions. a. Complete Agreement. This Agreement, its attachments, the City's Request for Proposal and the Company's Response to the Request for Proposal are the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to this Agreement. Order of Precedence. In the event of any conflict or inconsistency among documents related to this Agreement, said conflict or inconsistency shall be resolved by giving precedence to the later dated document. Unless otherwise RFP 8161 FWS Software Page 26 of 31 agreed to by both parties, document precedence shall be as follows: (1) the Software License Agreement; (2) the Request for Proposal; (3) the Company's response to the Request for Proposal. C. Amendment. This Agreement may not be modified, altered or amended except by written instrument duly executed by both parties, except that address for notice may be changed as provided in section 13. d. Waiver. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. e. Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute, court decision or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. f. Survival. All provisions of this agreement that by their nature would reasonably be expected to continue after the termination of this Agreement will survive the termination of this Agreement. g. Governing Law. This Agreement and performance hereunder shall be governed by the laws of the State of Colorado. Venue for any cause of action arising hereunder shall be in Larimer County, Colorado. h. Read and Understood. Each party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms. THE CITY OF FORT COLLINS, COLORADO By: Gerry S. Paul Director of Purchasing and Risk Management Date: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [BUSINESS NAME] By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: CORPORATE SECRETARY (Corporate Seal) RFP 8161 FWS Software Page 27 of 31 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional '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 Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 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 Professional 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 Professional 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. RFP 8161 FWS Software Page 28 of 31 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City's remedies at law for a breach of the Professional'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. RFP 8161 FWS Software Page 29 of 31 REQUEST FOR PROPOSAL GENERAL DESCRIPTION, BACKGROUND & GOAL A. General Description The City of Fort Collins (City) is seeking a vendor to provide Flood Warning Data Management Software. The software package will be used to manage Flood Warning System (FWS) data received by the City's FWS gage network. B. Background The City's Stormwater Department (Stormwater) manages a Flood Warning System with 75 gage locations. The gages issue data reports from 250 sensor sources using the Automated Local Evaluation in Real Time (ALERT) communications protocol. Stormwater's mission includes public safety and welfare and the reduced need for emergency response. In order to support this mission, Stormwater requires real-time measurement of rainfall, streamflow, and other weather conditions via its gage network. Notifications of flood conditions and associated concerns are issued from the FWS software to emergency managers and the public. The FWS data management software is a mission critical component of the City's flood event emergency operations effort to protect life and property from flood threats. Current FWS Data Management System The City currently uses DIADvisor, a MS -Access based system developed by OneRain, Inc. to manage and disseminate its FWS data. This system was designed for use on PC -based operating systems predating Windows 7 and Server 2010 for its laptop/PCs and servers, respectively. DIADvisor, version 3.0 functionality is limited, or in certain cases inoperable, on more current OS. C. Goal Our goal is to obtain a software program that will allow City personnel to continue to manage the FWS gage report data and disseminate emergency notifications to other public outlets, with enhancements to current performance standards or products welcomed. Stormwater, in partnership with the Information Technology (IT) Department, is looking for software that can provide these application requirements, and that can be updated as necessary to ensure these requirements are met well into the future. The proposed software upgrade will enable the City to maintain its current high performance standard well into the future, vital to the mission -critical nature of flood warning data used by emergency management, responders and the public, thereby maintaining the protections its advanced early detection, measurement and warning capability provides to its citizens. D. Funding This project was supported by grant MG4145016126, issued by the Division of Homeland Security and Emergency Management. SCOPE OF SERVICES A. Scope Of Work The primary objective of the software is to manage FWS data for the purpose of community life/safety. Key components are to include: RFP 8161 FWS Software Page 3 of 31 EXHIBIT D Fort Collins Expense Guidelines: Lodging, Per Diem Meals and Incidentals and Other expenses: May 1, 2015 Fort Collins Policy: Lodging: • Hotels will be reimbursed at $98/day provided the government rate is available. If the government rate is not available, the best available rate shall be used and a printout of the available rates at the time of the reservation provided as documentation. • Hotel taxes do not count to the $98 limit, i.e. the rate is $98 plus applicable taxes. • Receipts are to be provided. • Actual expense will apply Meals and Incidentals: In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines. Daily rate: $56 Travel Days rate: 75% of $56 = $42 Vehicle Expenses: • All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be reimbursed. The standard for vehicle size is mid -size to lower. • If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS. The most direct route is the standard for determining total mileage. • Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The rate for 2015 is $0.575. • Mileage for 4 wheel drive vehicles will be $0.78 when required by the City of Fort Collin Extra Ordinary Cost • Prior authorization required. Expenses Not Allowed • Liquor, movies, or entertainment (including in -room movies); • Sporting events; • Laundry, dry-cleaning or shoe repair; • Personal phone calls, including connection and long-distance fees; • Computer connections (unless required for City business); • Other personal expenses not directly related to City business; • Convenience charges; • Rescheduling Airline Charges not related to City requirements. • Excessive meal tip amounts generally over 20%; • Delivery fees shall not exceed 10% of the total bill, if not already included; • Hotel Cleaning Tips; • Extra Baggage for one day trips; • Air Travel (when local); • Items that are supplied by the City. RFP 8161 FWS Software Page 30 of 31 Time Frame for Reporting • Per contract (every 30 days). Reference: The Federal GSA guidelines for Fort Collins are $98/day for hotel and $56 for meals and incidentals (ME). (Incidentals are defined as 1) fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses , and 2) transportation between places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging taxes) are not covered by per diem and are expensed as a separate line item. The ME is further broken down by: • Breakfast: $9 • Lunch: $13 • Dinner: $29 • Incidentals: $5 Federal guidelines further provide for the use of 75% of the ME rate for travel days, i.e. $42 for Fort Collins. RFP 8161 FWS Software Page 31 of 31 1. Issuing alarm notifications of rainfall intensity, streamflow/stage, and other weather variables to Stormwater and other Emergency Response personnel for the purpose of managing flood emergencies. 2. Well -designed visual tools and maps to communicate sensor values, accumulated precipitation depths, and other flood warning data to Stormwater, Emergency Management, City and other Agency personnel who will access this information from PCs and laptops, and mobile devices. 3. Providing data reports via the City's IT structure to the City Utility webpage GIS maps. 4. Providing data reports to other government agencies, including the National Weather Service in formats required by those entities. Current data management software includes a map interface to view each gage's sensor data. This software includes preset alarm conditions (e.g. rainfall intensity, stream stage, wind speed, etc.) for sensor data. Once alarm thresholds are met, notifications are generated and delivered via pages, texts, e-mails or phone messages. At this time, software external to the existing FWS data management software is required for these notifications. The City uses PageGate for its FWS paging service, and uses MS Outlook for text messaging and e-mail. The City issues from its FWS base station data management software all FWS alarm notifications to Stormwater, Poudre Fire Authority Office of Emergency Management (OEM), and select Engineering and other City Department staff. In addition, the City has developed internal database queries and links to dynamically provide FWS rain and streamflow data records to its City GIS-sourced FWS website maps and to provide FWS gage network rain, streamflow and weather sensor data to the NWS. The City GIS-sourced website maps display low, medium and high flood threat threshold information based on gage streamflow sensor -based stage information and has developed map displays capable of showing low, medium and high flooding risk based on gage streamflow measurements. The City GIS Department -supported rain and streamflow web maps are fully smartphone compatible. Other capabilities of the proposed software include but are not limited to: 1. Enhanced capability to capture non -City FWS gage sensor data via the web. These external data sources use non —ALERT communications protocols or rely on peripheral data collection servers. These data sources include but are not limited to internet-based gage data provided by the Colorado Division of Water Resources (CDWR) and the US Geological Survey (USGS). There are ten current CDWR or USGS locations within Larimer County of interest to the City providing useful additional sources of data for flood response. 2. Permit the City to continue storing and managing the flood warning data internally. 3. Sensor calibrations and streamflow rating curves that can be managed and updated by FWS staff as an internal procedure instead of requiring external vendor technical support. 4. Compatibility with Standard ALERT data reports and ALERT 2 data reports. 5. Ability to link to mySQL-databases, which the City employs to host the data used for its Website maps. 6. If the vendor is providing software the City can host on its own servers (the preferred approach), permit the City to host its own FWS web page directly from the base station servers working with a GIS server. The in-house staff shall be able to browse directly to a client map. RFP 8161 FWS Software Page 4 of 31 7. If vendor is to host the software, evidence of full backup of all remotely -hosted data shall be demonstrated. It will be required that the City can store a copy of all software setup, configuration settings, calibrations, ratings, and sensor data on City servers. The City will also retain and have the ability to use the data outside the software environment. 8. Include displays that can be customized to show multiple sensor type (rain, streamflow, wind direction, wind speed, etc.) data on a single map, that can include either a selection of different base maps, including aerial, line or feature maps, or provide maps customized to meet City requirements. 9. Compatible with virtualized server environments. 10. If the City hosts the software, it must be operable on two independent base stations, one hosted by the City's IT network infrastructure, and one at a separate site (at this time, it is expected that site to be the Poudre Fire Authority's network), to permit duplication of data collection, storage, and use in operations should either location be compromised or damaged. Emergency flood operations may be managed from either site. B. Required Services/Deliverables The vendor's proposed software solution is expected to address and accomplish the following. Vendors are to address these in their submitted written proposal: 1. Software General Capability a. Standard ALERT as well AS ALERT-2 serial data receipt via a serial-to-IP device. b. Database storage of data compatible with MySQL databases. c. Programmable alarm thresholds for rainfall intensity, water stage, battery voltage, wind speed, etc. d. Issuance of notifications to paging, texting and phoning systems or software either from the software or through compatible software. e. Display of the data on an interactive computer screens by web browser with customizable displays. f. Receipt of data via the internet via other sources (USGS, Colorado Dept. of Water Resources). g. Exporting of data via other database ODBC communications to other City outlets. 2. Software Setup, Training and Support a. Configure software into virtualized server environment, transfer existing calibrations, alarm settings, notification recipient settings, etc. and archived data. b. Provide training to City personnel. c. Provide licensing and technical support to the City for a period of 5 years. 3. Software Features The FWS SOFTWARE DELIVERABLES SPREADSHEET is to be used by the vendor to describe and detail your software solutions ability to comply with the detailed list of features the City is seeking in the proposed software solution. C. Responsibility Consultant shall identify areas where City personnel may be involved in completion of milestones. D. Offeror Experience (Required): Demonstrable experience and established track record in providing ALERT network data management software services, with three (3) successful installation histories demonstrated. RFP 8161 FWS Software Page 5 of 31 E. Project Acceptance/Schedule Consultants shall provide the milestones and schedule for implementing the software solution. Acceptance shall be given once system is fully functional. F. Data The City of Fort Collins grants the vendor a world-wide, royalty -free, non-exclusive license to use, modify, and distribute the datasets in all current and future media and formats for any lawful purpose. Consultant must acknowledge that this license does not include a copyright or other proprietary interest in the datasets. If you distribute or provide access to these datasets to any other person, whether in original or modified form, Consultant agrees to include a copy of these Terms of Use and to ensure they agree to and are bound by them but without introducing any further restrictions of any kind. The City requires direct, real-time access to the data and website analytics, regardless of where it's hosted (internally or externally). This access would allow us to send out push notifications when we detect heavy rain in the area and promote links to the rain gage application on City webpages during those times. The awarded Consultant will need to provide the means for the City to access both the stream and rain gage data in real-time, as well as direct administration access to the website analytics. G. Licensing/Maintenance & Support The City will require fixed maintenance fees for five (5) years following implementation. Provide costs for maintenance, licensing and support for each year for five years. Price increases for years beyond the initial 5 years will be capped by a mutually -agreed upon percentage increase. H. Payment The Consultant shall receive payments for satisfactorily completed work based on milestones and verified progress. Consultants shall provide milestones at which the City may make payment for the satisfactorily completed work. I. Training Consultants are to provide an overview of proposed training plan/strategy, specifying how and when training is to be delivered. J. Use of Subconsultants/partners There may be areas for use of additional sub -consultants or partners in the Work resulting from the award of this RFP. Consultants will be responsible for identifying the sub - consultants necessary during the scope of work negotiation. A brief one page resume for each professional and technical person assigned to the contract, including partners and/or sub -consultants, shall be submitted with each Work Order. Hourly rates for the sub -consultants shall be provided as well. Please keep in mind that the City will contract solely with your company, therefore subconsultants/partners remain your sole responsibility. K. Demonstration Process Selected contractors should be prepared to provide a demonstration of their product. The demonstration process will be scheduled in two to three hour blocks. All required product operation and features will be reviewed along with day to day functionality. In the event your RFP 8161 FWS Software Page 6 of 31 firm is selected to proceed to an oral i nterview/o n site demo phase, travel onsite to Fort Collins is required. III. PROJECT SCHEDULE Utilities has established the target schedule shown below for the RFP. Utilities reserves the right to amend the target schedule at any time. • RFP issuance: October 1, 2015 • Question deadline: October 12, 2015 • Proposal due date: October 23, 2015 • Interviews (tentative): November 12 or 13, 2015 • Completion of project: April 1, 2016 IV. PROPOSAL SUBMITTAL REQUIREMENTS For this section, Consultants are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Consultants propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all of the information required may be deemed incomplete and may be subject to rejection. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. EXECUTIVE SUMMARY The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations November 12 or 13. Exceptions to the Agreement are to be noted in the Executive Summary. B. SCOPE OF SERVICES & FUNCTIONALITY This section should demonstrate the understanding of the Consultant (and any applicable sub -consultants) of the required services, and of the policy and procedural issues that may be involved in providing such services. 1. Methods and Approach: Describe your expected or recommended approach, including a clear and detailed description of your proposed "system upgrade strategy" (i.e., implementation strategy). Describe the anticipated interaction with the City. Provide your anticipated schedule for completing consultant implementation tasks including an implementation timeline with milestones identified. This should be in Executive Summary format that briefly describes how you will accomplish the following: a. Define Technical Architecture Design b. Define Login and Access Privileges methods (for the software owner, key users and for interfaces for public users via LAN and web -access) c. Define Mobile and/or Web -based solutions d. Define the environments the software solution is designed to operate under. Include Windows versions, Windows Server versions, VM environments and datatbases. RFP 8161 FWS Software Page 7 of 31 e. Provide a detailed implementation plan and schedule that documents the implementation steps with stated start dates, completion dates and assigned task responsibilities. f. If City -hosted, define system setup into a LAN using virtual server -supported base station hosts. 2. Deliverables: Given the list above under Required Services/Deliverables, provide us with your plan to achieve them. FWS SOFTWARE DELIVERABLES SPREADSHEET MUST BE FILLED OUT COMPLETELY AND RETURNED ELECTRONICALLY AS PART OF YOUR PROPOSAL. PROPOSALS NOT INCLUDING IT WILL BE CONSIDERED NON- RESPONSIVE. The City has identified functions that are required, are important or are desired in the new FWS Software. The list of functions has been attached as a separate Microsoft Excel file. The City realizes that many software systems are likely to need associated communications software to meet all the requirements listed in the FWS SOFTWARE DELIVERABLES. The City will select the submittal that represents the best combination of requirements satisfied along with additional features, cost and suitability. Columns B, C, and D in the spreadsheet identify the relative importance of the function to the City of Fort Collins as follows: M (Mandatory) Requirements are features or functionalities that must be provided by the Vendor to fulfill the core mission of The City of Fort Collins. If the feature or functionality is not within the software, the Vendor must clearly identify this fact or indicate that it can be provided through customization. Any cost required to implement this feature through customization must be included and clearly identified as an optional cost in the submittal. • 1 (Important) Requirements are features or functionalities that are advantageous to the City of Fort Collins and enhance the functionality of the software, but are not necessarily required as part of the initial implementation covered by this RFP process. D (Desired) Requirements are features or functionalities that would be worthwhile to have in software, but may not be available from the Vendor or the City of Fort Collins in its current version though it may be developed in future versions. Columns H, I, and J in the spreadsheet must be filled in by the vendor to show whether their software is fully "Compliant", "Partially Compliant' or "Not Compliant' with the stated requirement as defined below: • All functions identified with a "Compliant' response shall be assumed to be available in Ready to Manufacture (RTM) form at the time of submittal (i.e. beyond release candidate and beta testing) and each Vendor should be prepared to possibly demonstrate this feature during the System Demonstrations and Product Evaluations. RFP 8161 FWS Software Page 8 of 31 All functions identified with a "Partially Compliant" response shall require further explanation from the Vendor in the "Comments" section. If the Vendor fails to provide an accompanying elaboration for the "Partially Compliant" status, the City of Fort Collins shall consider the requirement to be "Not Compliant". All functions identified with a "Not Compliant" response shall be assumed to mean that the Vendor cannot or will not be able to meet this requirement without further customization or development of the COTS product. Column K allows each Vendor to provide comments that qualify its answers and to document any assumptions made when responding. The comments should enhance the City of Fort Collins's understanding of how the Vendor proposes to meet the requirement. The Comments column is provided for Vendors to provide the following information: • Current or Planned Availability — Unless otherwise specified in the Comments section, the City of Fort Collins will assume that the requirement is currently available from the Vendor. • Included or Not Included — Unless otherwise specified in the Comments section, the City of Fort Collins will assume that the requirement will be included by the Vendor. Each Vendor should also indicate in the comments if the requested feature requires any other optional component or module in order to be implemented and if the component/module is a COTS product or one that requires additional development. • Limited or Additional Functionality— The Vendor should identify any limitations in how its product fulfills this requirement or describe any functionality in its product that exceeds this requirement. • Simultaneous Compliance of Functions — Unless otherwise specified in the Comments section, the City of Fort Collins will assume all compliant functions can be simultaneously compliant with other compliant functions. • Pertinent Comments — The Vendor may include any comments it considers relevant to the discussion. 3. Training: Consultants are to provide an overview of proposed training plan/strategy, specifying how and when training is to be delivered. Provide detail on recommended training for daily users vs. occasional users. C. ASSIGNED PERSONNEL AND FIRM CAPABILITY The Consultant should provide the following information: 1. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Exhibit A, Proposal Acknowledgement. 2. Provide relevant information regarding previous experience related to this or similar Projects, to include the following: a. Brief Company History including time in business b. Minimum of five years of experience in ALERT Software development, installation, set-up and configuration c. Minimum of three similar projects that demonstrate experience in an organization that successfully implemented a Flood Early Warning System Software Deployment in the last 5 years. Include the name, address, and phone number of agency contact overseeing the effort. RFP 8161 FWS Software Page 9 of 31