506333 Request for Proposal.docx

Request for Proposal:

Electronic Payment Processing

Electronic Payment Processing Solution

SCHEDULE OF EVENTS

Interviews/Demonstrations…………………………………………………………………….……Week of July 21st

*All dates are tentative and subject to change and/or cancellation at Denver Water’s sole discretion. Denver Water will notify potential Proposers of any and all necessary changes and/or cancellations via written addendum. All times included on this Schedule of Events are Mountain Time.

Procurement Specialist: Colin Flynn Email: colin.flynn@denverwater.org Phone: 303-628-6265 Procurement Section, Administrative Services

Table of Contents

section 1: Statement of work

PURPOSE

Denver Water is seeking proposals from qualified firms to provide electronic payment processing services. Denver Water is seeking a comprehensive solution with innovative technology to enhance the customer experience, while reducing contact center calls and reporting issues. The solution must include a self-service platform that is capable of receiving Automated Clearing House (“ACH”), Master Card, Visa, Discover Card, cash at retail stores, and debit card.

BACKGROUND

Denver Water is a premise-based utility meaning that water usage is held against the property and thus the property owner. Payments are submitted to Denver Water for delivery of water to residential, commercial, governmental, and wholesale customers residing inside and outside of the City of Denver. Our customer account types include single-family residential, duplex, multi-family residential, Accessory Dwelling Unit (ADU), mixed commercial and residential, all of which might have multiple customers who are financially responsible for the bill. If customers share a meter or have multiple financially responsible parties, the burden falls to the customers to determine how to split and/or pay the bill. Denver Water also receives payments for other miscellaneous services including, but not limited to: fines, fees, meter repairs, new tap sales fees, and participation charges. These revenue streams serve as the source of a majority of Denver Water’s revenue collection and are a primary and important interface between Denver Water and its customers.

Payment applications directly impact Denver Water’s Treasury, Customer Care, Water Sales, Accounting, Information Technology (“IT”) and Public Affairs divisions. A quality and competitive solution is expected to improve efficiencies by streamlining processes and enhancing administrative functions and ease of use for customers. Denver Water provides the following payment options to its customers through self-service and agent-assisted transactions:

· Non-fee based Interactive Voice Response (“IVR”) that allows customers to make self-service payments in both English and Spanish Languages;

· Web-enrolled recurring and non-enrolled single payment;

· Short Message Service (“SMS”) bill reminder with payment options;

· Customer Service Representative (“CSR”) assistance with payments;

· Cash and money order payments at local retail locations;

· Mobile single payment;

· Credit Card fee assessed to payments for new tap sales;

· Pull-based e-bill application with interactive payment link embedded in the bill; and

· Mobile browser support (Denver Water’s website survey indicates 50% of users are on mobile).

All of the above payment methods accept ACH, Master Card, Visa and Discover Card, with the exception of retail stores and new tap sales. Retail stores are cash only and new tap sales fees can only be collected via credit/debit card.

Denver Water contracts with the incumbent third-party payment processor (“TPA”) to accept cash, checks, electronic checks or ACH, credit cards, debit cards and pin-less Automated Teller Machine (“ATM”) cards. All financial information associated with these payments is maintained and secured by the TPA.

All payment methods are non-fee based except one convenience fee channel that accepts credit card payments by telephone for new water tap sales. All payments are submitted via the TPA’s hosted web application or the TPA’s hosted IVR. In addition, the TPA provides real-time email notifications when payments are made on accounts in an active severance process.

All of these services are currently provided by the TPA and the TPA’s e-bill partner. The TPA has the primary relationship with the merchant card provider that processes Denver Water’s credit card payments.

Denver Water is currently paying a per transaction cost for the above services which includes the transaction costs and fees associated with merchant card services. The merchant card services provider directs their processing invoices to the TPA for payment.

Customer access to Denver Water's TPA is available via a guest link from the Denver Water's website, deep link through a customer self-service portal, IVR, or by way of a CSR. All customers applying for e-bill or recurring payments are required to do so through Denver Water’s Customer Self-Service Portal or via Denver Water’s Customer Contact Center. The CSR has access to the TPA and can assist customers with set up of e-bill and recurring payments. The CSR records the customer’s acceptance and the customer receives an email from the TPA confirming the initiation of recurring payments or e-bills.

Denver Water sends a data eligibility file to the TPA with account numbers, customer Identification numbers, and amounts outstanding for e-bill and enrolled recurring payment customers. The file is used by the TPA to validate the customer and present financial data, such as the total due from the customer.

Denver Water has the following outbound integrations with the current TPA:

· Daily recurring payment file

· Daily E-Bill metadata file

· Daily E-Bill image file

· Daily E-Bill introductory email file

· Daily eligibility file

· Daily mailing address file for recurring payment customers

· Daily e-mail file for recurring payment customers

There are 58 users of the current TPA. The breakdown of the users are:

· Customer Care – 50

· Treasury – 2

· Sales – 4

· IT - 2

Denver Water has the following inbound integrations with the current TPA from Oracle Customer Care & Billing version 2.9:

· Daily payment file

· Daily recurring payment change file

· Daily recurring payment reconciliation file

MINIMUM QUALIFICATIONS

The below minimum qualification must be met in order to be considered for selection of this Request for Proposal. Shall your firm not be able to satisfy any of the below minimum qualifications, your proposal will not be considered for award. Proposers must complete the Exhibit B – Tab 1 Minimum Qualifications chart that will indicate if all of the minimum qualifications are met.

· Completion of the SSAE 16 report (or a more recent report).

· Completion of the SOC 2 Type 2 report.

· PCI Compliant.

· Ability to integrate with JD Edwards (latest version).

· Ability to integrate with Customer Care and Billing (CC&B) version 2.9 (or latest version).

· Ability to provide a Customer Self Service (CSS) portal.

OBJECTIVES

The selected proposer will provide Denver Water with the following electronic payment processing solution features in order to meet the project requirements stated in this Request for Proposal document:

· Provide a comprehensive implementation plan that considers all aspects including, but not limited to software, data conversion, integrations, reporting, and services for the full installation of the payment solution that will accomplish the future state goals set forth in this solicitation.

· Provide an experienced team of resources as well as project management to successfully execute the implementation plan and support Denver Water during and post implementation. It is with great emphasis that the team resources include technical expertise to configure the solution as well as business support expertise to sufficiently coach and train all levels of the end users including the contact center, treasury, and accounting.

· Provide comprehensive training to 1) ensure that both technical and primary end users can confidently and independently operate the solution in a live environment as well as 2) support change management efforts to successfully transition to the new solution.

· Provide an enhanced customer experience where Denver Water can partner with the selected proposer to ensure an effective ongoing support and maintenance of the accepted solution.

· Provide a user-friendly self-service solution to improve operational efficiencies and reduce administrative burdens for Denver Water.

TIMELINE

Denver Water anticipates an implementation start date in late Q2 or early Q3 2025, dependent on contract award resulting from this RFP. The desired phased deployment would begin Q4 or early Q1 2026. Denver Water is requesting that proposers provide pricing for both a three-year term and also a five-year term.

SCOPE

The selected proposer will be hired by Denver Water to provide subject matter expertise, installation services, configuration services, training, and ongoing maintenance and support services to provide Denver Water with a flexible platform to take and process customer payments across multiple channels and types on Denver Water’s behalf. The selected proposer shall provide the materials and services necessary to process customer payments through the service. Channels shall include IVR, WEB – both recurring and non-recurring/enrolled and non-enrolled, CSR assisted with IVR access, convenience fee model and cash. Denver Water is also interested in SMS and mobile payment options. Payment types will include cash, ACH, credit/debit card and pin-less ATM.

By fulfilling the Denver Water scope of work requirements outlined below, the awarded Proposer will ensure the successful installation and functionality of the selected electronic payment processing solution.

1. Denver Water electronic payment processing solution requirements:

a. Mobile Payment Integrations:

i. Ability to pay via mobile payment systems, such as Venmo, PayPal, Apple Pay, Google Pay.

ii. Use tokenization and encryption for security.

b. Customer Information Sharing:

i. Share marketing content such as conservation tips, landscaping advice, and rebate programs.

ii. Secure login for customers to access personalized information and services.

iii. Secure storage and sharing of documents like invoices and receipts.

iv. Modern SaaS Structure.

c. API-First Approach:

i. Where appropriate use APIs for real-time data exchange instead of file drops.

ii. Provide clear and comprehensive API documentation for developers.

iii. Implement OAuth or API keys for secure access.

iv. API Integration to external payment source.

d. AI Roadmap:

Denver Water anticipates that the proposer’s solutions will not have all the functionality listed in the AI Roadmap section. These should be considered as desirable, but are not mandatory. We are looking to understand how AI is being used in payment process services and how AI can provide benefit for the proposed solution, especially regarding the following items:

i. Use AI to detect and prevent fraudulent transactions.

ii. Implement AI chatbots for customer support and payment assistance, including multiple language options and accessibility.

iii. Use AI to optimize payment routing and reduce false declines.

iv. Understand customer payment behavior and trends.

v. Identify and block payment card aggregators.

e. PCI DSS Compliance:

i. Ensure the solution complies with the latest PCI DSS requirements and all applicable state laws related to the collection, storage, and processing of Personally Identifiable Information (PII) and Personal Information (PI).

ii. Ensure the solution complies with PCI DSS requirements during account transfer or management activities performed by the Denver Water CSR.

iii. Vendor shall comply with the Payment Card Industry Data Security Standard (PCI-DSS) at all times and shall be responsible for securing all cardholder data once it leaves Denver Water’s virtual terminals. Vendor acknowledges and accepts full responsibility for the security of any account data that it possesses, stores, processes, or transmits on behalf of Denver Water, as well as any impact it may have on the security of Denver Water’s cardholder data environment. Vendor shall provide Denver Water with a signed Attestation of Compliance (AOC) on an annual basis, certifying its adherence to PCI-DSS requirements and affirming its ongoing responsibility for safeguarding cardholder data. Failure to maintain compliance or provide the required AOC may be considered a material breach of the resulting Agreement.

f. User Experience:

i. Ensure the payment portal is easy to use and mobile-friendly.

ii. Optimize the checkout process to be quick and seamless.

iii. Provide clear error messages and support options.

iv. Ability to store wallet information, e.g. credit/debit cards, ACH, ATM.

v. Multiple language options and accessibility.

g. Automation:

i. Implement electronic invoicing to streamline billing.

ii. Use automation to handle routine tasks and reduce manual intervention.

iii. Overpayment Alerts, e.g. validation for large transaction amount.

iv. Provide real-time notifications and reminders for payments.

h. Property Managers, Landlord/Tenant, Government Agencies, Distributor, and Third-Party Utility Billers:

i. Offer tools for managing multiple properties and tenants, and account maintenance tracking for move in/outs.

ii. Integrate with existing property management software.

i. Builders/Developers Purchase New Water Taps from Denver Water:

i. Eliminate the need for paper tap applications and simplify the process of setting up new water service connections with clear instructions for completing necessary paperwork.

ii. Facilitate online invoicing and payment of new water tap fees and other related costs via ACH and credit card.

iii. Allow builders to track their new water tap application status and receive notifications about required information.

j. Other Payments:

i. Ability to support acceptance of payments for non-water fees and charges. Examples would include Plan Review Fees, cabin rental, supplier refunds, etc.

ii. Ability to integrate with Oracle JD Edwards Enterprise One Version 9.2 and Oracle Customer Care and Billing (CC&B) version 9.1.

k. Cash Payment Options:

i. Ability to support retail cash payments.

l. Availability of payment options:

i. One-time guest pay.

ii. Recommendations on how to promote low-cost payment options, e.g. ACH.

m. Management of Customer Self Service (CSS) Portal:

The portal shall support features such as a summary of current billing information (balance due, due date, last payment), billing history, bill images, payment history, water usage reporting, customer contact information, and ability to add/manage multiple accounts. To access these services, customers must create an account using their Denver Water account number, customer ID, valid email, and password. Additionally, the system shall offer payment options such as one-time guest payment, autopay, pay by text, with all options allowing customers to securely pay their water bill online. The portal should also allow customer to select or change billing preferences from electronic e-bill to paper billing. This option shall support payment via electronic check (ACH), ATM/debit card, or credit card, excluding American Express.

The selected proposer’s CSS portal shall support the below solution requirements:

a) Technical Requirements:

1) Communication to customers:

i. The system should have the ability to brand the portal and all communications being sent out to Denver Water customers.

2) Velocity Controls:

i. Denver Water would like to hear options for fraud prevention while allowing customers to make multiple payments using the same credit/debit card.

ii. There must be no velocity controls imposed on ACH payments.

iii. There should be no velocity control imposed at the account level.

3) Support managing multiple accounts under a single sign-in.

4) Add unlimited properties/accounts to customer profile.

5) Support structured payment plans for accounts in arrears.

6) Support Multi-tenancy to serve multiple customers from a single instance.

7) Provide printable screen that displays the actions taken and the transaction and confirmation number.

8) Provide online chat capability in order to obtain assistance with the payment process.

9) Website shall present a mobile optimized view from common smart phone and tablet devices and meet website accessibility requirements.

10) Website shall be available twenty-four (24) hours per day, 365 days per year.

11) Website shall have a minimum access rate of 97%. Access rate shall be defined as the percentage of customers successfully accessing the web site on the first attempt.

b) Functional Requirements:

1) The portal shall allow Denver Water to charge transaction fees by user group.

2) Verifying Payments:

i. The system must allow administrators to verify payments (processed, pending, declined, and returned) by searching with criteria such as account number, customer ID, card or bank account used, payment amount, confirmation number, email address, date, customer name, or phone number.

ii. It must display pending payments securely by payment method, their statuses, and full payment history for each account.

iii. Autopay or Pay-by-text Plan ID.

iv. The system must display reasoning for declined payment and bank return codes.

3) Void Payments:

i. The system must enable authorized representatives to void or cancel payments that are still pending, including those made the same day but not yet processed. It must also allow voiding of future-dated payments and provide a confirmation message when a payment is successfully voided.

4) Refunds:

i. The system must allow for ACH and credit or debit card refunds.

ii. It must have rules in place to only allow an ACH refund to be processed after 10 days of payment being posted.

iii. Refunds should only be available for the full payment amount.

5) Blocked Payment Types:

i. The system must support blocking certain payment types for individual users across all channels after three failed or stopped transactions, unless the failure was due to a fatal return. It must allow supervisors to remove blocks, with immediate effect once the request is completed.

6) Autopay:

i. The system must support robust autopay management. Customer Care Specialists must be able to assist with autopay plan management in a PCI DSS Compliant manner. Representatives must have access to search, view, create, modify, and disable recurring schedules.

ii. Notifications must be automatically sent when a bill is generated, confirming that an autopay payment is scheduled. If generation succeeds, a confirmation number must be provided; if it fails (e.g., due to an expired card), the customer must be notified.

iii. Autopay failures will provide clear and concise directions to the customer on how to remedy.

7) The system must also notify customers when their card is nearing expiration and alert them if a plan is canceled or a payment fails. These compliance notifications must be mandatory and cannot be turned off.

8) Denver Water prefers the ability to detect and manage Aggregator card payments, if applicable.

9) The system should allow for budget billing and for customers to select their payment date (nice-to-have).

10) Denver Water would prefer the ability for customers to customize autopay plans including split payments across multiple users and on a percentage basis.

11) Payment History Retention:

i. The system must be capable of securely storing and providing access to a minimum of two years’ worth of historical payment data. This data should be readily available for reporting, auditing, and customer support purposes.

12) Payment Limits:

i. The system must restrict individual credit and ATM/debit card payments to a maximum to be determined by department. For bills exceeding this amount, customers must be allowed to either pay by ACH or split the total into two separate credit card payments.

ii. Upper limits are as follows: ACH at $999,999.99 and Credit Card at $99,999.99.

c) User Experience Requirements:

1) One-Time Payment :

i. The system must support one-time payment administration and to auto-populate select fields from the customer billing system (including account number or customer ID).

ii. The system must support one-time payment via credit/debit card or ACH, and prevent submission of payment until all required fields are completed.

iii. The system must allow users to enter payment details including date, payment amount, and payment type, such as input both ACH and credit/debit card information. It should also support adding a new card or ACH account, viewing the customer’s delinquency Turn Off status (Y or N), ability for customer to request a turn-on, and copying the billing address to mailing address fields.

iv. The system must generate a detailed payment confirmation that includes the confirmation number, payment date, payment method (with card type and last 4 digits), merchant card fees, payment amounts, total amount, and an option to make another payment for the same customer.

2) Pay by Text (PBT):

i. The system must allow customers to setup/edit/cancel by text.

ii. The system must allow customers to enroll, manage and receive confirmation via SMS or other notification methods.

iii. The system should have an easy and intuitive process for changing payment methods.

iv. The system should provide the customer with information about how the PBT plan works, instructions on how to process payments via PBT, and SMS messaging needs to be clearly branded and comprehensible.

v. Denver Water would like to hear solutions where the system can utilize PBT for multiple users.

3) Account management:

i. Sign up for and manage autopay, paperless billing, text reminders, and pay-by-text.

ii. Access billing and payment history.

iii. Download bills and payment history as an accessible PDF or CSV file.

iv. Present payment history in an easily understandable format.

4) Digital Wallet functionality:

i. Manage payment options, including adding, removing payment info to digital wallet with reminders of expiring payment methods.

ii. Facilitate billing and account management with automated reminders and online payment options.

5) Communications:

i. Provide FAQs for customers utilizing the system. Provide clear instructions for customers when utilizing the system.

ii. Link customers back to the Denver Water website and rotating marketing offerings, such as rebates, conservation programs and newsletter sign ups.

iii. Provide clear communication channels for dispute resolution and access to payment history.

iv. Provide accessibility as a direct link from bill presentment to payment.

v. Prompt customer for information that must be keyed from their bill.

vi. Provide customer with a transaction or confirmation number after the payment process is completed for tracking and verification purposes.

6) Water Consumption data:

i. Review water consumption and download reports as an accessible PDF or CSV file.

ii. Present consumption history in easily understandable formats (interactive charts, graphs or illustrations).

d) Encourage Self-Service:

1) Increase Autopay, and eBill Adoption.

2) Create customer self-service first mindset, reduce phone calls and eliminate payment card information handling by the Customer Care Representatives in the Contact Center by using a PCI compliant payment IVR integrated with the voice channel or other similar solutions.

3) Reduce the number of steps for digital self-service, including the following features:

i. Reminders with a push notification via email or text with a user-friendly and streamlined link that redirects the recipient to a payment screen.

ii. Pre-populating data, such as payment amount, digital wallet, or recently used payment type.

e) Out of Scope Services:

1) Other methods available to submit payment to Denver Water via paper check and wire are outside of scope of this RFP.

2. Project Requirements:

a. Project Management:

i. The selected proposer shall appoint a Project Manager for the duration of the project as a single point of contact for all installation work. The Project Manager will be subject to Denver Water approval.

ii. The selected proposer will provide weekly status reports detailing completed tasks, upcoming activities, issues, and risks.

iii. Weekly project status meetings will be held to ensure progress aligns with the agreed timeline.

b. Technical Support:

i. The selected proposer shall provide a dedicated technical expert. This individual will work collaboratively with our internal development team to support the establishment and configuration of the Intuitive Tap Sales Portal, enables secure online payment processing for ACH and credit card transactions for new tap fees.

c. Transition:

i. The selected proposer shall work with our previous vendor to ensure that there is a successful transition to the new solution.

d. Implementation Phases:

i. Kickoff, Discovery and Design:

a. The selected proposer shall initiate the project by scheduling a kickoff meeting to introduce the project teams, define the project scope, and establish objectives and timelines for each of the below project phases.

b. The selected proposer shall gather business requirements, analyze the current environment, and design the future state of the solution.

c. The selected proposer shall develop a testing plan to provide User Acceptance Testing (UAT), Systems Integration Testing (SIT), Production testing, and any other testing required for the successful delivery of a working system.

ii. Configuration:

a. The parties will work together to configure the payment solution according to the specified business requirements and perform thorough testing to ensure functionality.

b. Denver Water will prefer configuration changes over customizations. If there are any customizations identified in this RFP, please call those out.

iii. Test:

a. The selected proposer shall execute the testing plan for SIT, production testing, and any other testing required for the successful delivery of a working system.

b. Denver Water expects that the selected proposer will test and correct all defects prior to UAT.

iv. Training The selected proposer shall train the end-users on how to use the new payment solution by providing:

a. Various training on account management.

b. Train the trainer.

c. Job Aids.

d. Treasury functions.

v. Deployment and Production Testing:

a. The selected proposer and Denver Water shall launch the new payment solution and ensure a smooth handoff to the selected proposer’s client success and support teams.

b. Whitewater support period of 4 weeks following acceptance of the production environment.

vi. Maintenance and Ongoing Support:

a. The selected proposer shall provide ongoing support and maintenance for payment solution, ensuring its continued effectiveness.

b. The selected proposers shall provide the Denver Water Project Manager with a single point of contact for errors that have already been identified.

3. Credit Card and Payment Processing

a. The selected proposer shall be compliant with the following:

i. Regulation E of Uniform Commercial Code.

ii. NACHA regulations.

iii. Payment Card Industry (“PCI”) regulations.

a. The selected proposer shall be certified compliant with Payment Card Industry Data Security Standards (PCI-DSS).

iv. Federal, State and Local legislation.

b. Security:

i. The selected solution must provide secure login for Denver Water staff and customers.

ii. The selected proposer shall provide fraud protection services including, but not limited to:

a. Address Verification Service, Street Number, Zip Code;

b. Card Security Verification Services; and

c. Real-time authorizations.

c. Service Level:

i. The selected proposer shall have customer and client support available, at a minimum, during Denver Water’s business hours via internet and/or telephone. Denver Water’s business hours are from 7:30 A.M. to 5:30 PM MT.

d. Pay by Phone/IVR System:

i. The selected proposer shall have a toll-free telephone number or API to access the IVR service for payment processing.

e. Reporting:

i. The selected proposer shall be able to provide detailed reporting including, but not limited to:

a. Daily detailed list of all the payments received by product type and each payment method;

b. Number of transactions by payment type;

c. Dollar value of transactions by payment type;

d. E-bill delivery reporting; and

e. Payment platform usage information.

ii. Report(s) will be transmitted or be able to be exported in a variety of formats including Word, Excel, CSV, etc. and be transmitted to Denver Water electronically at an agreed upon time.

iii. At the option of Denver Water, the periodic report(s) may be transmitted in other formats mutually agreed upon by Denver Water and the selected proposer.

f. Denver Water Responsibilities:

i. Denver Water will perform UAT.

ii. Denver Water will coordinate activities with our current payment vendor during transition of services.

iii. All systems outside of those required for payment processing shall be Denver Water’s responsibility.

4. Monthly Volume Schedule section 2: general information

2.1 SOLICITATION INTRODUCTION

The City and County of Denver, acting by and through its Board of Water Commissioners (also “Denver Water” and “the Board”), is issuing this Request for Proposal (“RFP”). The Board is seeking Proposals from qualified Proposers who have specific experience in the area(s) identified in this RFP. To be eligible for consideration, the Proposer must be capable of meeting all requirements specified in this RFP.

2.2 INTRODUCTION TO DENVER WATER

Denver Water is a municipal corporation and a political subdivision of the State of Colorado, under the control of a five-member Board appointed by the Mayor of Denver. As such, it is governed by the Denver Charter and other laws applicable to governmental entities. The Denver Charter grants the Board all the powers of the City and County of Denver including those granted by the Constitution and by the law of the State of Colorado and by the Charter. Specifically, the Charter gives the Board complete charge and control of a water works system and plant for supplying the City and County of Denver and its inhabitants with water for all uses and purposes. It is the largest municipal public utility in Colorado, serving water to more than one million people, about one-quarter of the state’s population.

2.3 SOLICITATION DOCUMENTS AND ADDENDA

Potential Proposers should obtain all relevant documents pertaining to this solicitation and all issued addenda from the Rocky Mountain E-Purchasing System website at www.bidnetdirect.com/colorado.

2.4 ADDENDA

In the event it becomes necessary to revise, change, clarify, provide additional information about, and/or cancel this RFP, Denver Water will issue a written addendum. It is the sole responsibility of the Proposer to acknowledge all addenda in its Proposal.

2.5 PROPOSAL PREPARATION COST

Denver Water will not be responsible for any costs incurred by Proposers in the preparation of Proposals. All costs, including but not limited to printing, materials, travel and expenses, incurred in the preparation and submission of a Proposal must be borne solely by the Proposer.

2.6 ACCEPTANCE

By submitting a Proposal in response to this RFP, Proposer acknowledges that its Proposal is valid for a period of 180 calendar days from the Proposal due date.

2.7 WITHDRAWAL OR MODIFICATION OF PROPOSALS

Proposals may be withdrawn or modified by Proposers prior to the Proposal due date, but only upon written request. After the Proposal due date, Denver Water will not return Proposals or other information supplied to Denver Water.

2.8 RIGHT TO REJECT PROPOSALS

The Board may choose to reject any or all Proposals, either in whole or in part, and to waive any formality in Proposals received, if deemed in the best interest of the Board. Basis for rejection may include but is not necessarily limited to the following:

· Any Proposal conditioned upon the Board’s acceptance of terms and conditions deemed by the Board to be unacceptable.

· Any Proposal from a Proposer who is in arrears to the City and County of Denver or the Board upon debt or contract, or who is a defaulter as surety or otherwise, upon any obligation to the City and County of Denver or the Board.

· Any Proposal from Proposers determined to be financially unable to perform the required work. This determination will be at Denver Water’s sole discretion and may be based upon analysis of the Proposer’s Certified Financial Statements, Dun and Bradstreet reports, and/or other requested financial information.

· Any Proposal received after the specified Proposal due date and time. Any Proposal so received may be returned to the Proposer unopened.

· Any Proposal that does not meet the requirements specified in this RFP and/or has been determined to be unsatisfactory, in whole or in part, by Denver Water in its sole discretion.

2.9 RIGHT TO NEGOTIATE

Denver Water may select one or more Proposals and may negotiate any and all elements of a Proposal, if deemed to be in the best interest of Denver Water.

2.10 SAMPLE AGREEMENT

The selected Proposer will be required to sign a Denver Water Agreement. A sample of this Agreement is attached as Exhibit A and is subject to Denver Water’s revision. Proposer must clearly mark any and all modifications and/or exceptions to the terms and conditions contained in this sample Agreement using Microsoft Word, with the Track Changes function enabled, and submit such modifications and/or exceptions with its Proposal as a separate section. Denver Water reserves the right to reject the entire Proposal containing any modifications and/or exceptions to the terms and conditions contained in this sample Agreement.

2.11 SAMPLE AGREEMENT CONFLICTING TERMS & CONDITIONS

If this procurement involves software and the Proposer has a software license and/or maintenance and support agreement which the Proposer would like to submit for Denver Water’s consideration, the Proposer shall submit such agreement(s) to Denver Water in an editable Microsoft Word format and without any confidentiality designation. The terms of such agreement(s) shall not include any terms that are inconsistent, conflicting, or otherwise contrary to the terms of the sample Agreement as specified in Exhibit A.1 – Sample Agreement Conflicting Terms & Conditions.

2.12 AGREEMENT TERM

Denver Water expects the term of the resulting Agreement to be three (3) years or five (5) years, commencing on the date the Agreement is executed by the Board.

2.13 AGREEMENT PRICING

Pricing submitted with the Proposal must be as specified in Exhibit B: Proposal Response and may be incorporated in whole or in part into the resulting Agreement.

2.14 SUPPLIER DIVERSITY PROGRAM

The Board recognizes the desirability, need and importance to the City and County of Denver of encouraging the development of Small Business Enterprises (“SBEs”) and Minority- and Women-Owned Business Enterprises (“MWBEs”). The Proposer selected for award agrees to make a good faith effort to involve SBEs and MWBEs in the work if and when the opportunity arises.

2.15 ENVIRONMENTAL COMPLIANCE

Denver Water strives to adhere to all applicable environmental laws, regulations, and policies. In addition, it utilizes an Environmental Management System to monitor and improve its environmental performance. In the performance of the work, Consultant must comply with all applicable environmental laws, regulations, ordinances, specifications, reporting requirements, and any other relevant requirements.

2.16 INSURANCE REQUIREMENTS

The Board’s standard requirements for insurance coverage are described in the attached Exhibit A – Sample Agreement. The Board has the discretion to change these insurance requirements or accept alternative types of insurance if the Board deems such changes or alternatives to be sufficiently protective of its interest.

The selected Proposer will be required to maintain the required insurance in full force and effect during the entire term of the resulting Agreement. The selected Proposer must provide to the Board a certificate of insurance showing evidence of the required coverage and limits before work may commence.

2.17 PERSONNEL SCREENING

Due to the nature of the work to be performed, the selected Proposer will be subject to one of the personnel screening procedure options detailed in Exhibit A – Sample Agreement, depending on Proposer’s type of business, at the sole discretion of the Board. All expenses incurred in performing the required personnel screening will be the sole responsibility of the selected Proposer and must be completed prior to execution of the Agreement.

2.18 NON-DISCLOSURE AGREEMENT

The selected Proposer will be required to sign and adhere to Denver Water’s Non-Disclosure Terms and Conditions, which will be incorporated into the resulting Agreement.

2.19 TECHNOLOGY ACCESSIBILITY REQUIREMENTS

On June 30, 2021, Colorado HB21-1110 strengthened the Colorado law for protection of discrimination against persons with disabilities; specifically, it requires the accessibility of all digital government information technology. To comply, all digital experiences including websites, applications, digital assets, and digital interfaces provided to Denver Water shall conform to or address each of the World Wide Web Consortium's current non-draft version of the Web Content Accessibility Guidelines (WCAG) Level A/AA success criteria wherever demonstrating such performance is practicable and applicable. See Exhibit B – Proposal Tab 6 and Exhibit G: Technology Accessibility Checklist for additional requirements for responding to this RFP.

SECTION 3 – INSTRUCTIONS FOR RESPONDING TO RFP

3.1 REQUESTS FOR CLARIFICATION AND ADDITIONAL INFORMATION

All requests for clarification or additional information must be made in writing to the Procurement contact at the e-mail address shown below:

The Denver Water Procurement Contact listed above is the sole point of contact between Denver Water and all Proposers. Proposers may not contact any other Denver Water personnel regarding this RFP during the RFP process without prior written authorization of this Procurement Contact.

Responses to requests for clarification and additional information and/or changes to the RFP received before the deadline specified in the Schedule of Events will be made by written addendum. All responses to requests for clarification and additional information from any Proposer will be provided to all Proposers. Oral explanations, interpretations or representations given by Denver Water employees cannot be construed as a change to the RFP requirements.

3.2 PROPOSAL SUBMISSION FORMAT

Proposer must submit response using the format attached to this RFP as Exhibit B: Proposal Template.

All copies of the Proposals should be provided to Denver Water via e-mail and addressed as indicated below. Denver Water will not be responsible for any Proposal not addressed as indicated below. Denver Water’s size limit for receiving e-mails is 35MB. If you are submitting documents or sending e-mails larger than 35MB, Proposer may split up its Proposal and send it via multiple e-mails to successfully submit all required documents. If Proposer intends to do this, indicate in the e-mail subject line the number of e-mails it is sending to the Denver Water recipient. Denver Water will not be responsible for any missing Proposal submission via e-mail. Proposals must be e-mailed to the point of contact listed in on the cover page of this RFP.

3.3 DESIGNATION OF ANY PROPRIETARY AND CONFIDENTIAL INFORMATION

Proposers acknowledge that Denver Water may be required to disclose any or all of the documents submitted with a Proposal, pursuant to the Colorado Open Records Act, C.R.S. § 24-72-201.1, et seq. Under C.R.S. § 24-72-204(3)(a)(IV), Denver Water may deny inspection of any confidential commercial or financial information furnished to Denver Water by an outside party. Therefore, to aid Denver Water in determining what must be disclosed in response to a request for documents under the Colorado Open Records Act, the Proposal shall be submitted in the following manner.

Proposer must submit one (1) Proposal marked ‘ORIGINAL’. In addition, Proposer must submit one (1) second version of their Proposal, which clearly designates any sentences, pages or sections of the Proposal that the Proposer deems confidential or proprietary, and must include it as a separate file on the same e-mail, marked “REDACTED ORIGINAL”. The designation shall be made by stamping, typing, or writing the word “CONFIDENTIAL” in a conspicuous place on every page of the document that is confidential or proprietary. If only some portions of any document are confidential or proprietary, such designation shall be made by redacting those portions only. The Proposer’s designation must be reasonable or it will not be honored. For example, a Proposer may not designate the entire Proposal to be confidential and proprietary.

3.4 ALTERNATE PROPOSALS

Denver Water recognizes that there may be alternate arrangements or approaches to the requested work that may offer cost savings and/or additional benefits while still satisfying the requirements of this RFP. Accordingly, Proposers may submit alternate Proposals for Denver Water’s consideration that offer such cost savings and/or additional benefits. However, alternate Proposals must be identified as such, identify their benefits, and be in addition to the requested primary Proposal. The alternate Proposals will be evaluated in conjunction with the primary Proposal.

REV 12/27/20

REV 03/06/22

SECTION 4 – EVALUATION AND SELECTION PROCESS

4.1 AGREEMENT REQUIRED

This RFP is not a contractual offer. Any Proposer selected in response to this RFP will be required to execute an Agreement with Denver Water.

4.2 EVALUATION AND SELECTION PROCESS

Proposals will be evaluated by criteria described in this RFP. Proposals considered responsive will be evaluated for completeness of information provided, the Proposer’s adherence to RFP requirements, support for claims made, and the overall approach taken. Denver Water’s objective is to select the Proposal(s) judged to be in the best interest of Denver Water.

Proposals may be evaluated using criteria including but not limited to:

· Experience and Expertise

· Technical Questions

· Functional Questions

· Service Level and Support

· Exceptions to the Exhibit A Sample Agreement

· Proposed Pricing

· Any other relevant and appropriate factors as determined by Denver Water

This list does not reflect or imply any weighting or relative importance of criteria. While price may be a consideration, the Board is not bound to accept the lowest-priced Proposal.

4.3 INTERVIEWS/SHORT LIST/SITE VISITS/PRESENTATIONS

Denver Water may request interviews, oral or visual presentations, site visits, demonstrations, and/or the opportunity to ask additional questions of Proposers as deemed necessary during the evaluation process. Denver Water may require additional information from Proposers after the Proposal due date as necessary to complete the evaluation process.

EXHIBIT A: SAMPLE AGREEMENT

(See attached PDF file titled Exhibit A: Sample Agreement)

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EXHIBIT A.1 – SAMPLE AGREEMENT CONFLICTING TERMS & CONDITIONS

If this purchase involves software and the Proposer has a software license and/or maintenance and support agreement which the Proposer would like to submit for Denver Water’s consideration, the Proposer shall submit such agreement(s) to Denver Water in an editable word format and without any confidentiality designation. The terms of such agreement(s) shall not include any terms that are inconsistent, conflicting, or otherwise contrary to the terms of the sample Agreement, including the following:

1. Terms requiring the Board to submit to a binding arbitration or mediation;

1. Terms requiring the Board to pay attorneys’ fees and court costs of a prevailing party or in the event of collection or other enforcement activities;

1. Terms requiring the Board to waive its right to a jury trial;

1. Terms binding the Board to more than one audit within a consecutive twelve months period;

1. Terms binding the Board to audit clauses that do not provide at least a thirty days’ written notice to the Board prior to any audit or require the Board to be responsible for the costs of the audit;

1. Terms defining the software without reference to its functional specifications;

1. Terms defining Contractor’s confidential information as anything other than the information that is clearly marked or identified by the Contractor as confidential.

1. Terms binding the Board to a choice of law or venue clause in any jurisdiction other than Colorado;

1. Terms binding the Board to confidentiality clauses without an exception for open records laws;

1. Terms allowing an automatic entry of an injunction against the Board;

1. Terms requiring the Board to acquire specific goods or services only from a particular vendor;

1. Terms requiring the Board to indemnify, defend, and/or hold harmless any person or entity;

1. Terms binding the Board to clauses permitting amendments or changes to any agreement entered on behalf or for the benefit of the Board without Board’s written consent, through an installation or acceptance of the software, and other similar means;

1. Terms binding the Board to a liquidated damages clause or requiring the Board to pay interest;

1. Terms requiring the Board to disclaim data security warranty or an obligation to notify and/or disclose security breach as pursuant C.R.S. § 24-73-101, et seq., as amended;

1. Terms requiring the Board to disclaim warranty of non-infringement without a corresponding clause that indemnifies, defends, and holds the Board harmless from and against any claims, counterclaims, actions, causes of action, or demands alleging that the software and any documentation infringes any patent, copyright, or other intellectual property right of a third party;

1. Terms disclaiming the warranties in connection with the following:

16. The licensor has valid title to the licensed software or the right to grant the license.

16. The software will meet certain written performance standards.

16. The software system will operate within certain service levels.

16. All services including maintenance will be provided in a professional and workmanlike manner.

16. The documentation accurately describes the functional and operational characteristics of the software and will allow a reasonably skilled operator to use and operate the software.

16. The software is free from defects in material and workmanship.

16. The software will be screened for viruses with industry standard virus detection software prior to delivery to Licensee.

16. The software does not contain any disabling code or trap doors.

16. The software does not infringe on any third party intellectual property rights.

16. The software does not contain any open source software.

1. Terms that purport to disclaim all liability and/or do not except from any proposed liability cap the claims related to the following:

17. Personal injury

17. Damages to tangible personal property

17. Willful misconduct/intentional acts

17. Gross negligence

17. Breach of confidentiality

17. Breach of data protection/ security obligations

17. Intellectual property infringement

1. Terms allowing the Contractor or any third party to use the Board’s logo or name for marketing or other purposes;

1. Terms binding the Board to clauses, which grant the Contractor or a third-party license to use any of the Board’s data or information; and

1. Terms binding the Board to clauses with a statute of limitations that is different from the statute of limitations that would apply under the applicable law.

Denver Water reserves the right to reject the Proposal containing any of the aforementioned terms and the right to object to the terms, or reject the Proposal containing any other terms, that are inconsistent, conflicting, or otherwise contrary to the terms of the sample Agreement.

EXHIBIT B – PROPOSAL Response

(See attached Word Document, use this template to create and submit your proposal.)

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REV 12/27/20

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