SLED Opportunity · NEW MEXICO · SANTA FE COUNTY
AI Summary
Santa Fe County seeks a sole source provider, Flowpoint Environmental Systems, for a cloud-based licensed software upgrade to monitor and bill bulk water storage flows, including one year of service and ongoing licensing fees.
102 Grant Avenue · P.O. Box 276 · Santa Fe, New Mexico 87504-0276 · 505-986-6200 · FAX: 505- 995-2740 www.santafecountynm.gov Justin S. Greene Commissioner, District 1 Adam Fulton Johnson Commissioner, District 4 Lisa Cacari Stone Commissioner, District 2 Hank Hughes Commissioner, District 5 Camilla Bustamante Commissioner, District 3 Gregory S. Shaffer County Manager Date: November 13, 2025 TO: Procurement File FROM: Bill Taylor, Procurement Manager RE: Sole Source Determination Pursuant to Section 13-1-126 NMSA 1978 for the Provision of Providing the Implementation of a Cloud-Based Licensed Software with Flowpoint Environmental Systems, Inc. to Continue the Monitoring and Billing for Bulk Water Storage Flows in Santa Fe County SUMMARY Flowpoint Environmental Systems is the owner and developer of certain proprietary cloud-based computer software solution used for the management of fluid dispensing and receiving stations (the “Software”). The Software is comprised of the following elements: (i) a Microsoft Azure ASP.NET website user interface; (ii) Microsoft Azure SQL database; (iii) zero or more Azure worker communication modules; (iv) zero or more Microsoft Windows Service communication modules; (v) an Allen-Bradley PLC program; and (v) an Allen-Bradley PLC tag definitions. Flowpoint Environmental Systems conceived, designed and developed the Software, and desires to grant a license for the use of Software to Santa Fe County BACKGROUND In 2018 the County purchased the software license pursuant to NMSA 1978, 13-1-125. Small purchase, not to exceed $20,000, exclusive of NM GRT. The Public Works Department/Utilities Division are seeking a software upgrade to the existing system. The software upgrade is needed to add a new site as well as adding another bulk water site in 2026, as the County moves toward a cloud-based system. DETERMINATION In researching this specific cloud-based flow system software, it was determined that Flowpoint has the unique system elements required to any upgrade to the system currently installed for the County. It is therefore the determination of the County the procurement of the required services meets the intent of a sole source procurement, pursuant to 13-1-126, NMSA 1978. Based on this determination it is in the best interest of Santa Fe County to continue the services with Flowpoint to utilize the existing technology for monitoring the County’s water usage. 102 Grant Avenue · P.O. Box 276 · Santa Fe, New Mexico 87504-0276 · 505-986-6200 · FAX: 505- 995-2740 www.santafecountynm.gov Contract Information: Vendor: Flowpoint Environmental Systems, Inc. Attn: Allan Bradley 191 University Blvd Denver, CO 80206-4613 Phone: 1 (877)655-5585 Services: Flowpoint shall provide one year of service including the upgrade of a cloud-based licensed software ending 12 months after system start-up. Following the one year of service the annual charge for the license software is $6000. Every subsequent year will require a 2% increase to the software fee. FLOWPOINT CLOUD BASED SOFTWARE LICENSE AGREEMENT -1- WATER+ CLOUD FULL CLOUD BASED SOFTWARE LICENSE AGREEMENT Revisions R2: Oct 6, 2025 – Modify section 4 Indemnification, changed governing law to the State of New Mexico (section 8.7), removed automatic renewal (section 7.1). R1: Sep 3, 2025 – Updated contact information, Effective date and Exhibit A regarding Point&Pay. THIS CLOUD BASED SOFTWARE LICENSE AGREEMENT (the "Agreement", which term shall include all Exhibits and Schedules attached hereto and incorporated by this reference) dated as of October 6th, 2025 (the "Effective Date") is made and entered into by and between Flowpoint Environmental Systems, Inc., a Montana corporation ("Flowpoint Environmental Systems") and individual, corporation, limited liability company, limited partnership, partnership, sole proprietorship, governmental entity or other business entity executing this Agreement (the “Client”). Flowpoint Environmental Systems and Client are sometimes individually referred to herein as a "Party" and collectively as the "Parties". RECITALS Flowpoint Environmental Systems is the owner and developer of certain proprietary cloud-based computer software solution used for the management of fluid dispensing and receiving stations (the “Software”). The Software is comprised of the following elements: (i) a Microsoft Azure ASP.NET web- site user interface; (ii) Microsoft Azure SQL database; (iii) zero or more Azure worker communication modules; (iv) zero or more Microsoft Windows Service communication modules; (v) an Allen-Bradley PLC program; and (v) an Allen-Bradley PLC tag definitions Flowpoint Environmental Systems conceived, designed and developed the Software, and Flowpoint Environmental Systems desires to grant a license for the use of the Software to Client under the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto expressly agree as follows: 1. LICENSE GRANT AND RESTRICTIONS 1.1. License Grant. Subject to the terms and conditions of this Agreement, Flowpoint Environmental Systems hereby grants to Client a nonexclusive, nontransferable, royalty-bearing license to use and operate the Software in connection with Client’s use of the System (the “Approved Use”). The term “System” mean Flowpoint Environmental System’s fluid dispensing station, as more fully described in that certain Purchase and Sale Agreement by and between Flowpoint Environmental Systems and Client dated of even date herewith, if any (“Purchase and Sale Agreement”). Client covenants and agrees to only use the Software for the Approved Use and for no other purpose. For the Approved Use, Client shall be required to comply with the requirements set forth on Exhibit A attached hereto and incorporate by this reference. 1.2. Ownership Rights. Client acknowledges and agrees that, other than the rights specifically granted to Client herein, Flowpoint Environmental Systems owns all right, title and interest in and related to the Software. Nothing in this Agreement shall be construed, by implication or otherwise, to transfer to FLOWPOINT CLOUD BASED SOFTWARE LICENSE AGREEMENT -2- Client title to, or any ownership interest in, the Software or any of Flowpoint Environmental Systems’ Proprietary Rights. As used in this Agreement, the term “Proprietary Rights” means all rights worldwide in and to (i) Confidential Information; (ii) copyrights; (iii) inventions; (iv) patents; (v) rights to register copyrights, patents and trademarks; (vi) trade secrets; (vii) trademarks; and (viii) similar rights or interests protected under contract or otherwise under law or in equity. 1.3. Restrictions. In addition to refraining from activity not specifically authorized in Section 1.1, Flowpoint Environmental Systems grants the license described herein to Client subject to the following restrictions: 1.3.1. Encumbrance. Client shall not sell or in any way encumber the Software. 1.3.2. Modification. Client shall not decompile, disassemble, modify or otherwise reverse engineer any portion of the Software or create any derivative work thereof. As used herein, the term “derivative work” has the definition set forth in the United States Copyright Act of 1976, 17 U.S.C. Section 101, as amended. 1.3.3. Promotional Use. Client shall not distribute copies of the Software for promotional use. 1.3.4. Trademark Rights. The License does not include any trademark rights, and Client shall not trademark the Software. 2. ROYALTIES; AUDIT RIGHTS 2.1. Royalties. The first year of Cloud service is provided free of charge. Starting the sec
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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