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HomeMy WebLinkAbout5J Utility Billing Software Agenda Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 21, 2020 AGENDA #: 5J PREPARED BY: CATHY ERICKSON, FINANCE DIRECTOR PRESENTED BY: CATHY ERICKSON AGENDA ITEM: ADOPT RESOLUTION No. 20-015 – APPROVING THE PURCHASE OF FINANCIAL SYSTEM UTILITY BILLING SOFTWARE MODULE AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CONTRACT GOAL AREA AND OBJECTIVE: High-Value City Services 3. Ensure sufficient resources and staffing to meet service demands. DISCUSSION: Introduction The purpose of this agenda item is to ask the city council to consider purchase of the BS&A financial system utility billing software module to replace the existing 2005 stand-alone utility billing software. History In 2014 the City Council approved the purchase of the BS&A financial system to replace the city’s existing financial software legacy system. All modules were purchased at that time except the building permit and utility billing modules. The last two modules were planned for future purchase/implementation. The building permit module was purchased in 2016 and the utility billing module was planned for purchase after replacement of the city’s Automated Meter Reading System (AMRS) in 2018-2019. The City has utilized InCode utility billing software, from Tyler Technology, since 2002. While the software relies on a Microsoft SQL Server database, the architecture of the database does not take full advantage of the relational database functionality resulting in slow operation of standard tasks. Reporting is limited to stock reports unless customized reports are purchased and then added to ongoing annual support fees. The user interface is outdated and requires a steep learning curve. While the City has kept the software up to date, the vendor has provided very few functionality improvements over the years. The City provides a high quality and dependable potable water supply to the residents and businesses of Prior Lake. The City also provides sewer and storm water service and maintenance for the community. The Utility Billing department utilizes software to perform the billing for water, sewer and stormwater accounts. Total accounts within the current system include over 9,000 residential, commercial, and irrigation accounts. Current Circumstances With the completion of the city’s AMRS replacement project, the city is ready for the purchase of the BS&A utility billing module. As mentioned earlier, the city purchased the BS&A financial software in 2014 and has been working toward its complete implementation ever since. This is the last module needed to complete the implementation process. City staff prepared a request for quotes to ensure that the BS&A utility billing module would meet the city’s needs. BS&A provided a proposal which confirmed that the BS&A utility billing module met the functional criteria and specifications of the city in the following categories: • General (primarily integration with existing financial system modules) • Account/Location/Customer Maintenance • Meters • Billing • Inquiries • Reporting • AMRS Interface • Meter Inventory • Service Order • GIS • Technology The current utility billing software utilizes an outdated database architecture and user interface and has limited query, data entry and reporting capabilities. The BS&A utility billing module is built with the Microsoft.NET software development platform and Microsoft SQL Server relational database and will fully integrate with the existing BS&A Cash Receipting, Accounts Payable and General Ledger modules. Creating Work Efficiencies: Some of the benefits of the BS&A utility billing application include: • Wizards that offer step-by-step guidance through the billing process and final bills to ensure all necessary steps are completed. • Ability to interface with specific vendors for online credit card processing. • A built-in meter inventory system. • Meter read equipment import/export ability. • An integrated work order process that allows tracking the details of all work done on a customer’s account. • GIS integrations that allows for a direct link between the data and GIS maps. • A balance manager that provides an easy way to reconcile outstanding balances in Utility Billing with the accounts receivable balance in the General Ledger. Staff is familiar with the BS&A system navigation, application views and reporting capabilities. Some of the benefits of a fully integrated financial management system include: • Drill-down feature that allows for instant access to the originating source document. • Clickable links on reports allow users to jump to the detailed, underlying transaction information for a “summary-type” report line - even across applications. • All reports can be emailed, printed or exported to Excel, PDF, or other applications and file formats. Individual User Report Profiles allow users to run memorized sets of reports. • User Groups allow you to set the same user rights for multiple users at once. This reduces the need to set up user-based security for several users with similar or identical rights in the system. • Users can be set up to login automatically to the program using Windows Active Directory user names and passwords. • Detailed audit tracking to log virtually all changes made. Customer Service Benefits: The following customer service improvements will be implemented using the new software: • Credit card payment with real-time posting to the utility billing system. • Better reporting tools and query tools, including custom report building tools. ISSUES: The current utility billing software is outdated, cumbersome to use, does not include wizards or workflow capability, has limited reporting capabilities and any requested system changes are costly. As the city has grown, work volume has also grown. The use of updated technology that is fully integrated with the financial system should create work efficiencies and allow staff to keep up with increased call volume and creation of new accounts in our growing community. Contract Documents(attached): We are using a similar contract and forms as used in the 2014 BS&A financial system software purchase. The final contract form and Exhibits will be subject to city attorney review prior to signature by the city. FINANCIAL IMPACT: The BS&A quote is $82,705 which includes the following items: The city has budgeted a total of $70,000 for the purchase of the utility billing software ($35k budgeted in both 2019 and 2020). The cost of $12,705 that is above our budget would be paid from the water and sewer fund balance ($6,985 per fund). The final cost for training, post go-live assistance and travel expenses could be less depending on the final training schedule. Staff wants to ensure adequate up-front training, so this is not an area that we are comfortable reducing at this time. The anticipated annual services are shown below: The contract will allow BS&A to increase the Annual Service Fee by no more than the yearly Consumers Price Index (CPI). The city’s current annual software service cost for Incode is $10,800. ALTERNATIVES: 1. Motion and second to approve as a part of the consent agenda a Resolution Authorizing the Purchase of the BS&A Utility Billing Software Module of the Financial System and Authorizing the Mayor and City Manager to Execute the Contract. 2. Motion and second to remove the consent agenda for discussion. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS 1) Utility Billing Software Resolution 2) Utility Billing Software Contract including Exhibits A-C 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 20-015 A RESOLUTION AUTHORIZING THE PURCHASE OF FINANCIAL SYSTEM UTILITY BILLING SOFTWARE MODULE AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CONTRACT Motion By: Second By: WHEREAS, The Utility Billing software is utilized by the Utility Billing department to perform the billing for water, sewer and stormwater accounts. Total accounts within the current system include over 9,000 residential, commercial, and irrigation accounts. WHEREAS, The BS&A Utility Billing module provides increased functionality which would create work efficiencies and enhance customer service. This functionality includes system wizards that offer step-by-step guidance through the billing process and final bills to ensure all necessary steps are completed, online payment integration, automatic letter generation, full integration with the financial system software, and enhanced reporting. WHEREAS, The city purchased the BS&A financial software in 2014 and has been working toward its complete implementation ever since. Utility Billing is the last module needed to complete the financial system implementation process. WHEREAS, BS&A has offered the following quotation: Upfront Cost: $82,705 Annual Service Fees: $6,100 WHEREAS, Staff recommends the purchase of the BS&A utility billing software module. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City of Prior Lake hereby accepts the quote and authorizes the Mayor and City Manager to enter into a contract to purchase the BS&A utility billing software module. 3. Fund for this purchase will be drawn from the Water and Sewer Funds (50/50 split) and coded to the software account 55580.00. Passed and adopted by the Prior Lake City Council this 21st day of January 2020. VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ _________________________ Jason Wedel, City Manager Page 1 of 10 MasterStandard Contract Professional and Technology Utility Billing Software Module This agreement (“Agreement”) is between the City of Prior Lake, Minnesota ("City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and Bellefeuil, Szur & Associates, Inc., DBA BS&A Software, a Michigan corporation, ____________________________________________, a Minnesota ______________________("Contractor") whose business address is 14965 Abbey Lane, Bath, MI 48808_______________________________________________________________________ ___________________________. Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the City and Contractor agree as follows: 1. Scope of Work. Contractor agrees to provide, perform and complete all the materials and services in accordance with the terms of this Agreement and attached Exhibit A (“Work”). The terms of this Agreement shall take precedence over any provisions of the Contractor’s proposal and/or general conditions. If Contractor’s proposal is attached as Exhibit A, City rejects any contract terms and/or general conditions included in such proposal unless specifically agreed to by the City in writing. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of _______ __, 20___. The software shall be fully implemented by _______________. This Agreement shall continue until expiration of the Software License and Services Agreement attached as Exhibit B (“License Agreement”). [This Agreement shall continue for one year thereafter, and automatically renew from year to year after expiration of said one- year period except that this Agreement may be terminated at the end of any one -year period with sixty days prior written notice from either party.] OR [The Work shall be completed by ________________________________. ] 3. Compensation for Services. City agrees to pay the Contractor [a fixed sum not to exceedof $82,705 as detailed in Exhibit A and an annual Maintenance and Support fee as set forth in the License Agreement _______________] OR [an hourly sum of $__________, with total payments made in each one-year period not to exceed _________________] as full and complete payment for the Work (“Contract Price”). A. Any changes in the scope of the Work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services or materials that do not have prior written authorization. B. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by the period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Page 2 of 10 4. Method of Payment. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed and the payments requested under this Agreement. Payments for ongoing Maintenance and Support shall be invoiced annually as detailed in Schedule 1 to Exhibit B. The lump sum payment shall be invoiced as follows: $24,235 to be invoiced upon execution of this Agreement; $21,500 to be invoiced at start of training; and $36,970 to be invoiced upon completion of training. . Contractor shall provide an itemized listing of all expenses and such other documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the current billing, past payments and unexpended balance of the Contract Price. Invoices submitted shall be paid in the same manner as other claims made to the City. A. Claims. In compliance with Minn. Stat. 471.38, by making a claim for payment, Contractor is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. B. Waiver of Claims. The Contractor’s acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of application for final payment. 5. Software. The software license shall be governed by the License Agreement and the Source Code Escrow Agreement attached as Exhibit C. . A. License. The Contractor hereby grants the City and the City hereby accepts a perpetual, non-transferable and non-exclusive right to use the software described in Exhibit A (“Licensed Software”) and related materials including User Reference Manuals, Reports Manuals, Installation Planning Guides, Installation Instructions, On-Line Help, and Sample Database with Tutorials. The City can make copies of the Licensed Software for safe keeping purposes. B. Warranties. i. Contractor warrants that it has the right to license the Licensed Software, and that there are no pending liens, claims, or encumbrances against the Licensed Software. ii. Contractor warrants that the Licensed Software shall conform to its specifications in Exhibit A, including, but not limited to, the Capabilities Summary, On-Line Help, Reports Manual, User Reference Manual, and Training Tutorials. Contractor warrants that the Licensed Software is merchantable, in that it will properly install and operate according to the specifications herein. iii. Contractor warrants to the City that it is solvent, not in bankruptcy proceedings or receivership, nor is it engaged in any proceedings, which would have an adverse effect on its ability to perform its obligations under this Agreement. iv. Contractor warrants that there has been no violation of copyrights or patent rights in connection with the Licensed Software. Contractor shall indemnify and save harmless the City from any suit or proceeding brought against the City by reason of any such infringement or any wrongful use. Contractor will defend or settle any such claim, although the City shall be entitled to be independently represented by counsel of its own choice. C. Source Code. The Source Code for the Licensed Software, along with a list of licensed customers, is held in escrow by ________________________. The source code held in escrow is updated after each software release. If Contractor defaults in Page 3 of 10 providing software maintenance support due to company failure, or discontinuance of said service by Contractor or Contractor’s bankruptcy, then the source code will be made available to the City within thirty days of written notice to the Escrow Agent for Customer use only. 6. Compliance with Laws and Regulations. In providing the Work, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the Work. Any violation of statutes, ordinances, rules and regulations pertaining to the Work shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 7. Contractor’s Employees. Contractor and its employees, representatives and agents shall comply with all City policies (no smoking, parking location, check in, sign it, etc.). Contractor and its employees, representatives and agents shall use care, coordination and communication in order to ensure City employees and guests are not disturbed or inconvenienced. Contractor’s employees, representatives and agents shall be neat appearing and at City’s request wear an identification badge approved by the City. Contractor must honor the City’s request to reassign an employee, representative or agent whom the City determines is unsuitable for the Work. When necessary, Contractor’s employees, representatives and agents will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. The City shall have the right to perform or require to be performed criminal background checks on any employee, representative or agent of the Contractor who will perform any aspect of the Work. The Contractor shall cooperate with the City in the performance of all such criminal background checks. 8. Contractor’s Representative. Contractor has designated a project representative to coordinate with the City and manage the Work. The project representative shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms of this Agreement. Contractor may not remove or replace the project representative without the approval of the City. 9. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of the Work as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete the Work in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of the Work. 10. City’s Obligations. City will provide access to public and private property as necessary for Contractor to perform the Work. City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Contractor, and shall inform the Contractor of all decisions required of City within a reasonable time so as not to delay the Work. The City shall furnish the Contractor with a copy of any applicable policy, standard or criteria, including but not limited to, design and construction standards, that may be required for the Work. Page 4 of 10 11. City's Representative. City has designated a project representative with respect to the Work. He or she shall have authority to transmit instructions, receive information, and interpret the City's policy and decisions with respect to the Work. 12. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of this Agreement (“Information”) shall become the property of the City, but Contractor may retain copies of the Information as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the Work does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of th is Agreement is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.Governed by Exhibit B. 13. Insurance. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect Contractor and City against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Contractor agrees to maintain all coverage required herein throughout the term of this Agreement and for a minimum of two years following City’s written acceptance of the Work. A. Such insurance shall include, but not be limited to, the following minimum coverages and limits of liability: i. Commercial General Liability Insurance. Commercial General Liability Insurance protecting Contractor and City from claims for damages for bodily injury, including death, and from claims for property damage, which may arise from operations under this Agreement. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. The City, including its elected and appointed officials, employees, and agents, must be endorsed as an Additional Insured using ISO Form CG 20 10 or equivalent for Ongoing Operations and ISO Form CG 20 37 or equivalent for Products/Completed Operations. Insurance minimum limits are as follows: • $1,000,000 – per occurrence • $2,000,000 – annual aggregate • $2,000,000 – annual aggregate – Products/Completed Operations ii. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all Contractor’s employees in accordance with the statutory requirements of the State of Minnesota. The Contractor shall also provide Employer’s Liability Insurance with minimum limits as follows: • $500,000 – Bodily Injury by Disease per employee Page 5 of 10 • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. If Minnesota Statutes, Section 176.041 exempts the Contractor from Workers’ Compensation insurance, the Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes the Contractor from the Minnesota Workers’ Compensation requirements. iii. Business Automobile Liability Insurance. Business Automobile Liability Insurance protecting City and Contractor from claims for damages for bodily injury, including death, and from claims for property damage resulting from the ownership, operation, maintenance or use of all autos which may arise from operations under this Agreement. Insurance minimum limits are as follows: • $1,000,000 – per occurrence Combined Single Limit for Bodily Injury and Property Damage including Owned, Hired, and Non-owned Automobiles. iv. Professional/Technical (Errors and Omissions) Liability Insurance. Professional Liability (Errors and Omissions) Insurance that provides coverage for all claims the Contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to the Contractor’s professional services required under this Agreement. The Contractor is required to carry the following minimum limits: • $2,000,000 – per claim • $2,000,000 – annual aggregate The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement and the Contractor shall maintain such insurance for a period of at least two years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by the Contractor to fulfill this requirement. iv.v. Technology Errors and Omissions (Tech E&O) Insurance. The Contractor is required to maintain Technology Errors and Omissions (Tech E&O) Insurance which shall be sufficiently broad to respond to the duties and obligations undertaken by the Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, cloud computing, extortion and network security. The coverage shall provide for breach response costs as well as regulatory fines and penalties and credit monitoring expenses. Insurance minimum limits are as follows: • $2,000,000 – per occurrence • $2,000,000 – annual aggregate Page 6 of 10 B. All of the insurance policies required by this Agreement shall comply with the following: i. The Contractor’s policies, except Worker’s Compensation Insurance and Professional/Technical Liability Insurance, shall be primary insurance and non- contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Contractor’s performance under this Agreement including the defense and indemnity obligations assumed by Contractor under this Agreement. ii. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits to satisfy the full policy limits required by this Agreement. iii. All insurance shall be provided on an occurrence basis and not on a claims-made basis, except professional liability insurance or other coverage not reasonably available on an occurrence basis; provided that all such claims-made coverage is subject to the approval of the City Attorney. iv. Any insurance limits in excess of the minimum limits shall be available to the City. v. All policies, except professional liability, shall be endorsed with a waiver of subrogation in favor of the City, including its elected and appointed officials, employees, and agents for losses arising from activities under this Agreement. vi. It shall be Contractor’s responsibility to pay any retention or deductible for the coveraeges required. The City may require the Contractor to provide proof of ability to pay losses and related expenses within the deductible and retention. vii. The Contractor is required to submit a Certificate of Insurance acceptable to the City as evidence of the required insurance coverage requirements. viii. The Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty days’ advanced written notice to the City, or ten days’ written notice for non- payment of premium. ix. The Contractor is responsible to review and ensure all subcontractors comply with the insurance provisions contained herein and said insurance is maintained as specified. x. If the City authorizes the Contractor to be self-insured, a Certificate of Self- Insurance must be attached. xi. The Contractor shall obtain insurance policies from insurance companies having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better and authorized to do business in the State of Minnesota, or as approved by the City. xii. The City reserves the right to immediately terminate this Agreement if the Contractor is not in compliance with the insurance requirements and retains all rights to pursue any remedies against the Contractor. xiii. All insurance policies must be open to inspection by the City, and copies of policies must be submitted to the City’s authorized representative upon written request. xiv. The City’s failure to approve or disapprove the Contractor’s policies or certificates shall not relieve the Contractor of full responsibility to maintain the required insurance. xv. If the coverage period shown on the Contractor's current certificate of insurance ends during the duration of the project, the Contractor must, prior to the end of the coverage period, obtain a new certificate of insurance showing that coverage has been extended. Page 7 of 10 xvi. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Contractor under this Agreement. C. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to take one of the following actions within fifteen days of receiving notice from the City.: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. 14. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, representatives, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, representatives, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 15. Termination. A. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. B. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, Page 8 of 10 the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. C. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 16. Mediation. Each dispute, claim or controversy arising from or related to this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Upon service of a written notice requesting mediation, the parties shall have ten (10) days to jointly select one person to act as mediator. If the parties are unable to agree upon a mediator, the parties shall ask the Scott County District Court to select a mediator. The mediation shall be conducted pursuant to the commercial mediation procedures of the American Arbitration Association but shall not be administered by the American Arbitration Association. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Each party shall bear its own costs of the mediation process. The parties shall share equally the fees and expenses of the mediator. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties acknowledge that mediation is a voluntary process, and that the mediator does not have the authority to bind either party absent the party’s consent. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 17. Notice. Any notice required or permitted under this Agreement shall be delivered in one or more of the following manners: (i) delivered personally; (ii) mailed by United States registered or certified mail, return receipt requested, postage prepaid; or (iii) deposited cost paid with a nationally recognized, reputable overnight courier. Notice shall be delivered or directed to an officer or agent of the Contractor or to the City Manager as applicable at the address set forth on page 1 of this Agreement. Notice shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party in any manner above specified, 10 days prior to the effective date of such change. 18. Independent Contractor. At all times and for all purposes, Contractor is an independent contractor engaged by City to perform the services described in this Agreement and Contractor shall have no authority to employ persons or make purchases on behalf of City, or otherwise bind or obligate City. No statement in this Agreement shall be construed to find the Contractor an employee of the City. 19. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one year thereafter, without prior written consent of the former employer in each case. Page 9 of 10 20. Assignment or Subcontract. Contractor shall not subcontract any part of the Work; nor may Contractor assign this Agreement, or any interest arising herein, without the prior written consent of the City. 21. Audit Disclosure. Pursuant to Minn. Stat. 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 22. Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (“Data Practices Act”). All government data, as defined in the Data Practices Act, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 23. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for the Work, and will require all of its subcontractors for the Work to incorporate such requirements in all subcontracts for the Work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders this Agreement void. 25. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 27. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. Page 10 of 10 28. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Venue and jurisdiction for any action, suit or proceeding arising out of this Agreement shall be only in the courts of Scott County, Minnesota or the federal courts for the United States for the District of Minnesota. 29. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 30. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 31. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. In witness whereof, the parties have caused this Agreement to be executed by their duly authorized agents. CITY OF PRIOR LAKE ______________________ __________________________________ Date Mayor ___________________________________ City Manager CONTRACTOR ______________________ By: ________________________________ Date Its: _______________________________ 10 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 4.0 Functional Criteria and Specification Requirements Completed Excel document at end of this section. All of our programs are built with the Microsoft .NET software development platform, using the latest tools available. All programs work with SQL Server 2008 or newer, which provides for the linking of databases through a seamless grouping method. What this means for our customers is: a) a reduction in data entry errors, b) minimal duplicate entry, and c) overall increased productivity. These are just a few of the many ben efits of our fully integrated Financial Management system:  Drill-down feature in General Ledger allows for instant access to the originating source document.  Clickable links on reports allow users to jump to the detailed, underlying transaction information for a “summary-type” report line - even across applications.  All reports can be emailed or printed to Excel, PDF, or other applications and file formats.  Individual User Report Profiles allow users to run memorized sets of reports.  Fully integrated Budgeting with Budget Footnotes and Long Term Budget Forecasting.  Over budget notifications are available within all applications.  Automatic posting of encumbrance entries when a purchase order is approved in the Purchase Order application and then converted to an invoice in Accounts Payable.  Fully integrated receipting process - Cash Receipting updates linked applications in real time.  View journal detail and posting information from any application.  GL number verification in all applications.  Streamlined Check Reconciliation and Bank Reconciliation process from one application.  Comprehensive capabilities for budgeting all personnel costs and fringes through integrated position based budgeting.  User Groups allow you to set the same user rights for multiple users at once. This reduces the need to set up user-based security for several users with similar or identical rights in the system.  Users can be set up to login automatically to the program using Windows Active Directory user names and passwords.  Detailed audit tracking to log virtually all changes made. 11 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Utility Billing Feature-rich, yet user-friendly, our Utility Billing application provides complete billing and tracking for a variety of utility account types. Extensive use of wizards and process managers simplify complex tasks into efficient step-by-step operations, such as Final Bill, Meter Change, and Past Due/Shut Off. Deposit and work order processing features are available as well. GIS Integration GIS integration allows for a direct link between your data and GIS maps, giving you a very powerful tool to view data, plot various datasets, and quickly view neighboring accounts. Additionally, GIS integration allows graphical lookup of account locations through Google® Maps. Consumption–Based or Flat Fee Billings Flexible billing item setup accommodates both consumption-based and flat rate fees for items such as Water/Sewer, Electric, and Refuse. ACH File Creation and Paperless Billing Streamline your payment process by using ACH – payments can be automatically debited from customers’ bank accounts. Additionally, bills can be emailed to customers who want to go paperless. Wizards Offer Step-By-Step Guidance Through Common Tasks Tasks such as shut-offs, final bills, the billing process, etc., are done with a wizard, ensuring all necessary steps are completed. Customizable Billing Cycle Units can customize the billing cycle to include only those tasks they use. For example, if your unit does not use ACH, the ACH task may be removed from your billing process. Deposit Tracking Integrated deposit tracking provides the ability to calculate interest on deposits, and offers flexibility in returning deposits to customers. The deposit may be applied to the customer’s next bill, or be electronically refunded to Accounts Payable by check request. Built-In Meter Inventory System Detailed meter inventory includes purchasing information, manufacturer, serial numbers, meter location (specific area of customer’s location), curb box location, and information in general necessary for meter reads. Meter Read Equipment Exports/Imports Meter read export/import file layouts are provided for various meter manufacturers including, but not limited to: Sensus, Badger, SLC/Neptune, Itron, Greentree, and Hersey. One-Screen History View Each customer’s history information is accessed from one screen. Available tasks on this screen include: payment reversals, bill adjustments, and printing of various reports. Unlimited Billing Items/Services Per Customer The application allows for an unlimited number of user -definable billing items per customer account as well as an unlimited number of services to be used in the calculation of the billing. 12 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Aging Reports Aging reports can be generated at any time by specifying an “as of” date. This flexibility eliminates the need to print them on the last day of the month. CASS Certification The CASS certification export/import process helps reduce mailing cost by ensuring all addresses are entered correctly. Meter Read Estimates Flexible read estimation provides a variety of methods to use as the basis: account average usage, user - defined date range of meter reads, or user-defined amount of usage. Budget Billing Determine – for each billing item – whether or not to allow budget billing. The budget billing feature lets you bill fixed amounts based on user-definable history instead of the actual usage for the current cycle. Integrated Work Order process The fully integrated work order process allows you to track the details of all work done on a customer’s account. The process checks for scheduling conflicts of the staff person assigned to the task. Shut-off fees, etc., can be billed to the customer once completed. Quick Entry of Meter Reads For those units who do not use meter reading equipment to generate read files for import into Utility Billing, the application includes a process to manually enter reads en masse. You can quickly enter the reads for all customers in a billing cycle without having to visit individual accounts. Resident Linking Single-sourcing of resident names eliminates repetitive data entry by automatically updating all linked accounts. For example, changing the address on a landlord’s master record will update that address for accounts on which that landlord is selected. Transfer of Delinquent Accounts to BS&A Tax Transfer of delinquent accounts to the property tax bill is done electronically. A billing adjustment is automatically created to reduce the account balance in Utility Billing. Balance Manager: Easy Reconciliation With BS&A General Ledger The Balance Manager provides an easy way to reconcile outstanding balances in Utility Billing with the accounts receivable balance in General Ledger. Drill down into the detailed transactions for the period being reconciled to easily determine the source of any discrepancies. Letter Writer Customized letters may be generated for selected accounts, increasing customer communication and reducing clerical tasks. 13 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 BS&A Online Services Public Records Search Provides web access to various components of the desktop Financial Management applications. Key Features:  Allows Miscellaneous Receivables, Utility Billing, and Building Department (permit) data to be displayed on the web, and supports online payment of these bills  Interfaces with Point And Pay online credit card processing 14 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Sample Screen Capture Utility Billing Cycle Manager This screen capture shows UB’s Billing Cycle Manager, a step -by-step utility that walks users through billing tasks. Billing tasks can be customized for your municipality, and includes exports and imports to and from your meter reading system. The Billing Cycle Manager lets you see at a glance which tasks have been completed and which tasks still need to be done. Utility Billing GIS Integration This screen capture shows UB’s integration with GIS mapping. When you view an account, you can “jump” to GIS View, where the account is shown bordered in a color separate from the other parcels. Comments General 1 Option to integrate with parcel manager to validate parcels, addresses, owners and zoning Desired X Our application has the ability to display GIS data using shape files that can be exported from ESRI, and displayed within the application, or by pulling data directly from ArcSDE. It is also possible to integrate with ArcGIS Online, although this would require a customization. 2 Integrate with MapObjects to display on a map the data stored in Utility Management Desired X Our system can dispay GIS maps/layers directly in the application, and show information relating to accounts on the GIS map, as a custom layer. The interface is not bi-directional, and does not push information back to Esri. 3 Integrate with General Ledger and Accounts Payable for posting of bills, receipts, adjustments and refunds Critical X 4 Integrate with existing Cash Receipting System Critical X Online Portal Critical X Can view and pay account online, cannot make requests or edits. 5 Form on website for customer to fill out, we would enter the info into the system Desired X 6 Online validation and editing of customers, addresses, service locations, meters Desired X Account/Location/Customer Maintenance Critical X 7 Work flow process for:Critical X New Account Set Up Critical X Move-In/Move-Out Process Critical X New Service Set Up Critical X Account Inquiry Critical X Would like more information on what Account Inquiry workflow process you have in mind. 8 Support an unlimited number of accounts - new account numbers (occupant code suffixes) auto-generated Critical X 9 Ability to provide for user defined customer and account classification codes (i.e., residential, commercial, etc.).Critical X City to review existing account classes during pre-implementation process review 10 Ability to record Move-in and close dates for an account Critical X 11 Ability to record unlimited notes for an account Critical X 12 Provide for billing an unlimited number of services (metered or non-metered) per service location Critical X 13 Ability to record unlimited contacts (spouse, tenant(s), alternate billing addresses, etc)Critical X Unlimited Residents can be stored in the system. The system provides 4 roles in which those residents can be linked to an account. Each Resident record can store Spouse information. Name, Address Critical X Relationship Critical X Addressee should receive copies of:Critical X Bill Critical X Notices Critical X Alternate mailing address Critical X Contact phone numbers:Critical X Home Critical X Cell Critical X Work Critical X Fax Critical X Email Address Critical X 14 Indicate if Occupant is a Snowbird Critical X Should be flagged in a specific field that can be filtered, not a comment field Can be stored in a User Field on the resident or account, which can be filtered on. Fully Compliant Modification/Custom Software Not available Water/Sewer/Stormwater Critical/ Desired/ Optional Comments Fully Compliant Modification/Custom Software Not available Water/Sewer/Stormwater Critical/ Desired/ Optional 15 Indicate if Account is Irrigation-only Critical X Should be flagged in a specific field that can be filtered, not a comment or string modifier in another field (do NOT want to replicate current use of "IRR" at end of street address text field) 16 Ability to maintain account specific data including:Critical X Begin Service Date Critical X End Service Date Critical X Services attached to the meter Critical X Current Account Number Critical X Current Service Address Critical X 17 Ability to send bill to one customer on the account and late notices and shut off notices to a both owner/landlord and customer/renter on the account Critical X 18 Ability to track information through system by customer. Must be able to view all accounts that customer has had, current status of accounts and outstanding balance and have ability to drill down to account detail. Critical X 19 Ability to view the outstanding total balance on an account as well as the balance broken down by service type, current balance and previous balance Critical X As part of account view, not just billing reports 20 Ability to account for an unlimited number of security deposits per account.Optional X 21 Ability to define through table entry, an unlimited number of service types and add, change and delete service types as required Critical X 22 Ability to establish "alerts" (cash only; lien exists; e.g.) on customer accounts with the following characteristics:Desired X Called "flags" in BS&A UB. They scroll across the top of the account. There is a Service Address Flag and Account Flag, each are unlimited text fields. All alerts are user definable Desired X Unlimited number of alerts may be defined Desired X Unlimited text within one flag. Each alert has unique start and stop dates Desired X No start and stop dates, the flag will remain on the account until it is manually removed. User may define screens where alerts will appear Desired X 23 Ability to associate a service location with a parcel number (PID)Critical X 24 Ability to identify the jurisdiction (e.g. township) in which the service location is located for billing purposes (i.e. vary rates based on jurisdiction)Desired X Or, can this be met through service routes or other existing classifications? 25 Ability to identify the number of dwelling units at a service location Critical X Required for multi-family properties, will need to be populated during data conversion 26 Ability to track information through system by location. Must be able to view:Critical History of all accounts at that location Critical X Current status of accounts Critical X Outstanding balance Critical X Drill down to detail Critical X Meters Critical 27 Ability to apply tiers to a single meter at a multi-unit location - Combined consumption and divide by # of units then run through tiers Critical X E.g. multi-family properties 28 Ability to identify multiple meters at a service location Critical X 29 Ability to describe the location of the meter at a service location Critical X 30 Ability to view a history of all meters that have been installed at the service location. Critical X 31 Ability to maintain an unlimited number of meters Critical X 32 Ability to maintain meter attribute data including:Critical Meter Number Critical X Meter Make and Size Critical X MIU Number, and Installation date Critical X Register Make, Model, number of dials, display multiplier, and installation date Critical X For aging reports on register batteries Comments Fully Compliant Modification/Custom Software Not available Water/Sewer/Stormwater Critical/ Desired/ Optional Route Critical X Sequence Critical X Status Critical X Free Form Comments Critical X Unlimited User Defined Fields Critical X 15 User Defined Meter fields. Documents Critical X Can add attachments to Accounts, not to Meters Remote Documents Critical X Can add attachments to Accounts, not to Meters Number of dials on meter for transfer to N_Sight (7 for smaller than 1.5", 8 for larger)Critical X Required data field for N_Sight 33 Ability to define read types (AMR/Drive-by, Manual Read, Estimate)Critical X Clarify types of reads to research source of bill amount Read types include: Actual, Estimate, Customer Read, Auto Read, Other, N/A, Re-read, Manual Read. 34 Define measurement units and order of magnitude for a meter Critical X 35 Ability to set up deduct meter Critical X Stormwater Specific Requirements Ability to calculate commercial/industrial/institutional/multi-unit residential stormwater fee Critical X Billed SW Fee = SW Units (REU) X SW Rate Ability to have more than one REU field in the system (Stormwater fee calc uses REU calculation that is different than the REU that will be used for number of multi-family units for water/sewer tiered fees. Critical X REUs are account, billing item specific. You can have one REU per account billing item, but you can have multiple bill items. Calculate stormwater based on REUs, account type land use factor and rate.Desired X *The number of SW Units for all properties other than single-family residential is calculated based on a Land Use Factor and Area, times a factor of 3. *The Land Use Factor is based on the impervious surface area allowed by city code compared to a single-family residential lot. The Land Use Factor is as follows: Commercial: 2.07 Industrial: 1.82 Institutional: 1.38 Multi-Unit Residential: 1.65 Billing Critical 35 Support an unlimited number of billing cycles Critical X 36 Support an unlimited number of routes for various service types Critical X 37 Ability to support compound meters Critical X 38 Ability to store meter data for radio reads (i.e. MIU ID, meter ID, reading, read date)Critical X 39 Ability to estimate meter reads based on user-defined history preference Critical X 40 Ability to identify reads that were estimated versus actual readings Critical X 41 Ability for system to automatically identify roll-over readings based on meter setup Critical X 42 Ability to automatically identify rollovers on meter readings Critical X 43 Produces a consumption audit register highlighting the following parameters:Critical High/Low audits based upon user definable percentages Critical X Zero consumption Critical X Zero consumption w/o snowbirds and irrigation-only accounts Critical X Necessary to reduce time spent needed to find meter problems that require field repairs Not a separate report, would just need an additional filter on the abnormal report to key off whatever user field you decide to store snowbird and irrigation only information in. Negative consumption Critical X Excessive number of consecutive estimates (defined by user)Critical X Other potential utility billing conflicts Critical X 44 Ability to enter stop and start dates for individual rate codes on an account Critical X Comments Fully Compliant Modification/Custom Software Not available Water/Sewer/Stormwater Critical/ Desired/ Optional 45 Ability to charge for flat rate billings Critical X 46 Provide ability to group multiple meters and associated services onto a single account (e.g. large property with multiple meters) or the ability to combine multiple accounts onto a single group bill for a single owner (e.g. multiple accounts a single or varied properties owned by a single entity or property manager) Critical X 47 Ability to define an unlimited number of user-defined and maintained rate tables for each service Critical X 1) Current structure is one rate table for all customers. 2) Ability to set up rate tables by customer classification at a future date if desired (ie residential rates are different than comml rates). 48 Ability to define an effective date for rate tables Critical X 49 Ability to define service rates that are based on flat fees, consumption based, per unit charge, percentage based or user-defined formula Critical X 1) Base charge 2) Private street-related flat fee (proposed for 2021) 50 Ability to base charges for non-metered services such as sewer on water consumption from customer’s water consumption. Critical X 51 The system must provide the ability to base sewer charges that are dependent on water consumption on winter averages.Critical X Summer sewer rate lock = 150% of average of Feb & Apr billing cycle water consumption 52 Ability to define distribution of fees to multiple general ledger accounts based on user- defined account type, fee category, service type Critical X 53 Ability to print user defined message on bills.Critical X 54 Ability to automatically add late penalties to delinquent accounts according to rate structure Critical X Penalty process has to be manually initiated to apply penalties. 55 Ability to prorate bills for new accounts and closed accounts Critical X 56 Calculate final bills during at any time subject to the workflow process and approvals established by the user.Critical X 57 Ability to automatically apply deposits to a final bill Critical X 58 Ability to print final bills each billing cycle.Critical X 59 Automated calculation of deduct meter (e.g. deduct industrial steam use from sewer charges)Critical X 60 Ability to bill by cycle and produce corresponding billing registers and journal entries.Critical X 61 Ability to sort bills by zip plus four to take advantages of available postage discount Critical X 62 Ability to export bills to a file for 3rd party printing/mailing Critical X 63 Ability to view and reprint a past bill at any time Critical X 64 Ability to generate a pre-billing report to view billing amounts before actually billing accounts Critical X 65 Ability to accept full, over, partial and pre-payments Critical X 66 Ability to distribute partial payments based on user-defined preference Critical X 67 Provision for data entry correction of any distribution errors Critical X 68 Provide for auto-pay option for customers to pay from customer’s bank account. Critical X 69 The system should create an ACH file that may be submitted to the bank for processing.Critical X 70 The ACH file is fully editable after creation by the billing system and prior to submission to the bank.Critical X The ACH file is a text file, it can be edited, but any changes would make the file deviate from the payments recorded in the program. 71 Ability to import batch payment file from a lockbox payment facility or from file of checks scanned to bank Critical X 72 Ability to work with PSN, Metavante, Checkfree and online for payment import Critical X 73 Ability to scan payment information directly into the system using a bar code scanner Critical X 74 Ability to support payment arrangements for customers to schedule payments for outstanding balances Critical X Comments Fully Compliant Modification/Custom Software Not available Water/Sewer/Stormwater Critical/ Desired/ Optional 75 Ability to generate a report of all customers with payment arrangements showing scheduled due dates, amounts due and amounts paid Critical X 76 Ability to define unlimited number of notices (late, past due, shut off, etc.) based upon user-defined minimum amounts due and number of days past due Critical X 77 Ability to create late notices and automatically record event against account Critical X 78 Ability to aggregate separate billings for a single customer to one bill statement Critical X 79 Ability to assist in creating special assessment letters Critical X 80 Ability to check that each account is billed Critical X 81 Ability to incorporate the utility billing annual certification process into the system Critical X Certification admin fee added to accounts to be certified Critical X Interest charge added to accounts to be certified Critical X Adjustment packet to move certified balances out of Utility Bill AR and into Special Assessment Receivable Critical X If Special Assessment Receivable is referring to a GL#, yes that's possible. If it's referring to a separate program, we would need more information. 82 Ability to integrate utility refunds with the AP module for payment Critical X Inquiries Critical 83 Ability to display transaction history including bills, receipts, adjustments and refunds for an account Critical X 84 Ability to filter history by date, transaction type Critical X 85 Ability to change sort order of transaction history Critical X 86 Ability to display details of transaction and drill down to transaction Critical X 87 Ability to automatically track an unlimited number of events on an account, including:Critical Billings Critical X Payments Critical X Meter Reads (and type)Critical X Adjustments Critical X Notes attached to the account Critical X Documents attached to the account Critical X Statements sent to the account Critical X Printed bills are not saved to the account, but Prior Bills can be reprinted. Activities attached to the account Critical X Work Orders created for the account Critical X Form letters mailed to the account Critical X Credit transactions (NSF checks, late payments)Critical X 88 Provide for displaying and/or printing any customer account history upon request.Critical X 89 Ability to display outstanding balance by user-defined type of service, broken into aging categories Critical X 90 Ability to generate a (sub)total consumption report that shows top consumption users based upon:Critical X Date range Critical X Desired number of customers to be reported Critical X Can be filtered on account fields. Consumption type Critical X Customer/Account type Critical X 91 Ability to generate a largest dollar amounts report that shows top revenue generators based upon:Critical Date range Critical X Desired number of customers to be reported Critical X The report would list top 100. Charge category or categories Critical X Customer/Account type Critical X Comments Fully Compliant Modification/Custom Software Not available Water/Sewer/Stormwater Critical/ Desired/ Optional 92 Billing Calendar showing all critical dates in the selected month Critical X Reporting Critical 93 Transaction History Critical X 94 Account Status Critical X 95 Account Transitions (listing of Move-In, Move-Out by date range)Critical X 96 Trial Balance Critical X 97 Accounts Receivable Reconciliation Report Critical X 98 Bill Calculation Report including revenues by G/L Distribution Critical X 99 Revenues by G/L Distribution Critical X 100 Receipt Transactions Critical X 101 Payment Register Critical X 102 Adjustments Register Critical X 103 Penalties Register Critical X 104 Refunds Register Critical X 105 Past Due Register Critical X 106 Aging Balances Report Critical X 107 Deposit Reporting including Activity, Status, Uncollected, and Interest Optional X 108 Payment Assistance Plan and Payment Plan Status Reporting Optional X 109 Payment Plan Status Optional X 110 General Ledger Audit Report Critical X 111 Final End of Year Register - Summary by Fund Critical X 112 Account Balance Report Critical X 113 Billed Consumption by Tier Reporting Critical X 114 Billed Consumption by Classification by Tier Reporting Critical X 115 Active account owner/payee data with addresses, meter/MIU attributes, and PID, and active account services, and most recent read/consumption Critical X Necessary in order to run all-city account audits 116 Zero-Consumption for user-defined time range Critical X Necessary to reduce time spent needed to find meter problems that require field repairs 117 Zero-Consumption accounts for user-defined time range w/o snowbirds and/or irrigation- only accounts Critical X Necessary to reduce time spent needed to find meter problems that require field repairs 118 Service order print-outs for field staff (if not tracked electronically). Must include all current data fields plus Meter/register make/model information Critical X Needed to populate data in N_Sight for use by clerks and field staff 119 Report total billed consumption and charges for specified date range, by tier, and account type Critical X State reporting requirement 120 Report of all stormwater account charges by account type (totals and by account) for auditing Critical X Comments 1 Ability to store meter data for touch and radio reads (i.e. transponder number, radio id, radio type, register id)Critical X 2 Ability to import routes from Automatic Meter Reading system - N Sight (Neptune)Critical X 3 Ability to export routes to Automatic Meter Reading system - N Sight (Neptune)Critical X 4 Integrate with Neptune's N_Sight and N_Sight+ meter data system to obtain current meter reads and to provide account information updates:Critical X Vendor to specify version of Equinox file compatibility Neptune (509 character format), Neptune (256 character format), Neptune Equinox v1x, Neptune Equinox v2x, Neptune Equinox v3x, Neptune Equinox v4x, Neptune (513 character format w/leak detection) Reads pulled from N_Sight: Account number, Meter ID, MIU ID, Date read, Reading Critical X Account information sent to N_Sight: Account number, Acct. Name, Acct. Address, Lat/Lon, Meter ID, Meter installation date, Meter Dials, Register Make/Model, Register installation date, MIU ID, MIU installation date, Critical X Fully Compliant Modification/Custom Software Not available AMR Interface Critical/ Desired/ Optional Comments 1 Ability to identify multiple meters at a service location Critical X 2 Ability to describe the location of the meter at a service location Critical X 3 Ability to view a history of all meters that have been installed at the service location. Critical X 4 Ability to maintain an unlimited number of meters Critical X 5 Ability to maintain meter attribute data including:Critical Meter Number Critical X Route Critical X Sequence Critical X Installation date Critical X For aging reports on register batteries Begin Service Date Critical X End Service Date Critical X Services attached to the meter Critical X Status Critical X Free Form Comments Critical X Current Account Number Critical X Current Service Address Critical X Unlimited User Defined Fields Critical X 15 User Defined Meter fields. Documents Critical X Can add attachments to Accounts, not to Meters Remote Documents Critical X Can add attachments to Accounts, not to Meters Register Make/Model (incl. for each side of compound meter)Critical X Register Installation Date (incl. for each side of compound meter)Critical X Register number of Dials Critical X 6 Ability to view all past and scheduled service orders related to a meter Critical X 7 Actual reading and consumption for each meter will be determined by the number of dials to be read for that meter. Critical X 8 Ability to define through table entry, read types and measurement units for a meter Critical X 9 Ability to support compound meters with separate MIUs Critical X 10 Ability to store data for AMR/Drive-by reads Critical X MIU Make/Model (incl. for each side of compound meter)Critical X MIU Installation Date (incl. for each side of compound meter)Critical X 11 Ability to identify reads that were estimated versus actual readings Critical X 12 Ability for system to automatically identify roll-over readings based on meter setup Critical X 13 Ability to automatically identify rollovers on meter readings and correct consumption as necessary Critical X Critical Inquiries Critical 14 Locate meters by the following criteria, singly or in combination:Critical Meter Number Critical X Serial Number Critical X Installation date Critical X Service Class Critical X Type Critical X Size Critical X 15 Locate MIUs by the following criteria, singly or in combination:Critical MIU Number Critical X Installation date Critical X Type Critical X Fully Compliant Modification/Custom Software Not available Meter Inventory Critical/ Desired/ Optional Comments Fully Compliant Modification/Custom Software Not available Meter Inventory Critical/ Desired/ Optional 16 Locate Registers by the following criteria, singly or in combination:Critical Make/Model Critical X Installation date Critical X Number of Dials Critical X Reports Critical 17 Meter Listing Report - report search and selection criteria include:Critical Inventory Date Critical X Purchase Date Critical X Meter Type Critical X Meter Size Critical X Manuafacturer Critical X 18 Meter Service report - report search and selection cirteria include:Critical Report "as of' date (any time in history)Critical X Report Sequence Critical X Meter Type Critical X 19 MIU Listing Report - report search and selection criteria include:Critical MIU Number Critical X Installation date Critical X Type Critical X 20 Register Listing Report - report search and selection criteria include:Critical Make/Model Critical X Number of Dials Critical X Installation date Critical X Comments 1 Ability to view all service orders associated with a service customer Critical X Work Orders are tied to accounts. You can also see which customer is on the account, but ultimately whether a customer is added/removed from an account, the Work Order does not change. 2 Ability to view all service orders associated with a service location Critical X 3 Ability to define through table entry, an unlimited number of service order types and add, change and delete service order types as required Critical X 4 Ability to automatically update customer, location, meter and account information upon completion of service order actions Critical X 5 Ability to display a history of all service orders including status by:Critical Account Critical X Customer Critical X Meter Critical X 6 Ability to print a list of service order forms based on any or all of the following criteria:Critical Scheduled date range Critical X Requested date range Critical X Priority Critical X Priority can be added in combination with Status, or as a separate user field. Requesting employee Critical X Work Order number Critical X Work Order type/types Critical X Route/routes Critical X 7 Ability to list service orders based on any or all of the following criteria:Critical Scheduled date range Critical X Requested date range Critical X Completed date range Critical X Priority Critical X Priority can be added in combination with Status, or as a separate user field. Requesting employee Critical X Work Order number Critical X Work Order type Critical X Route/routes Critical X 8 Individual Service Order Report sheets to include:Critical Date Critical X Account Critical X Owner Critical X Address Critical X Service Order Type Critical X Old Meter ID Critical X The Current meter information can be printed on the report. Old MIU ID Critical X Old Register Make/Model Critical X Last Meter Readings (field populated with last read in database and field for manual entry by the technician)Critical X New Meter ID Critical X New MIU ID Critical X New Regsiter Make/Model Critical X New Meter Reading Critical X Completion Date Critical X Fully Compliant Modification/Custom Software Not available Service Order Processing Critical/ Desired/ Optional Comments Fully Compliant Modification/Custom Software Not available Service Order Processing Critical/ Desired/ Optional Completed By Critical X Service Order Notes Critical X Completion Notes Critical X 9 Ability to upload photos taken during service order work (tied to service order record)Critical X Comments 1 Ability to interface to existing GIS system (Scott Co. ArcSDE or REST endpoints) for land and parcel information. Critical NO BID. The Utility Billing Module is Account based. Parcel Number is a field that can be stored on the account, but it's not meant to store/track zoning, improvements, etc. Integration with addressing in Buildings/Permit system Critical 2 Ability to access GIS mapping data for road/street locations Critical 3 Ability to interface GIS functionality/applications into the Land Management module.Critical 4 Ability to track parcels of land including, but not limited to the following information:Critical Address (Allow for multiple addresses per parcel)Critical Owner (Allow for multiple owners)Critical Resident (Allow for multipe residents)Critical User-defined fields Critical 5 Ability to track both the owner and resident (could be different) for each address.Critical 6 Ability to associate multiple addresses per parcel of land and a parcel of land to multiple addresses.Critical 7 Ability to capture multiple physical addresses and mailing addresses for each parcel. Critical 8 Ability to enter free-form text and/or attach electronic documents concerning a particular address or parcel (e.g., owners have dogs).Critical 9 Ability to query and/or report on the following parcel characteristics Critical Community Name/Jurisdiction (Prior Lake, SMSC, townships, county, etc.)Critical Parcel ID Critical Owner Last Name Critical Owner First name Critical Address (Allow for multiple addresses per parcel)Critical Status Critical Developed (yes/no)Critical Map Reference Critical Zoning Class Critical Property Class Critical Exemption Class Critical District Type Critical District Critical 10 Related Information including:Critical Utility Account Number Critical Fixed Asset Number (integration with Financial System)Critical Code Enforcement Case Type Critical Code Enforcement Case Number Critical Permit Type Critical Permit Number Critical Business/Animal License Type Critical 11 Unlimited Ownership History Critical 12 Unlimited Improvement Listing including the following characteristics for each improvement Critical Address of improvement Critical Improvement Type Critical Improvement Class Critical Improvement Usage Critical Tenant/Description Critical Fully Compliant Modification/Custom Software Not available Parcel Management Critical/ Desired/ Optional Comments Fully Compliant Modification/Custom Software Not available Parcel Management Critical/ Desired/ Optional Occupancy Type Critical Year Built Critical Number of Stories Critical Unlimited user-defined fields Critical Ability to attach documents (jpeg, bmp, doc, xls, gif, htm, pdf, txt, xml, xls)Critical 13 Unlimited Zoning History Critical 14 Split/Merge History Critical 15 Unlimited attachment of Documents (jpeg, bmp, doc, xls, gif, htm, pdf, txt, xml, xls)Critical 16 Integration and access to associated Utility Accounts Critical 17 Integration and access to associated Capital Assets Critical 18 Integration and access to associated License files Critical 19 Integration and access to associated Permits Critical 20 Integration and access to associated Code Enforcement Cases Critical Reporting 21 Parcel Listing by the any or all of the following criteria: Effective date (any historical date) Property Status Jurisdictions Districts Mapping levels Property Class Zoning Class Exemption Class Ability to view GIS map of resulting data 22 Parcel Ownership Change Report by user defined date range 23 Parcel Split/Merge activity Report by user defined date range 24 Parcel Improvement Report by user defined year 25 Zoning Change or Activity Report by user defined data range Comments 1 System provides integrated export/import capabilities via batch for GIS applications.Critical X 2 Ability to interface with ArcView and/or ArcIMS and/or ArcGIS and/or ArcGis Server.Critical 3 Application's map viewer interface must include standard GIS navigation tools, integration with county parcel data/online GIS system Critical X Pan, zoom, search, select (and produce inquiry filters), and connect to county online GIS via URL with PID or address 4 Ability to display parcel, permit, licensing, request for service, code enforcement and capital asset information Critical X 5 Ability to highlight GIS objects returned from a query.Critical X 6 Vendor must be an ESRI partner. Critical X Our system has the ability to display GIS data within the application, and show relevant information in the application plotted against GIS maps. But, BS&A is not an Esri partner. 7 Integration with master parcel GIS data (preferably via the Scott Co. ArcSDE database or REST endpoints) to maintain current and consistent addressing Critical X GIS data can be viewed within the application by reading directly from the ArcSDE, or with a customization, using ArcGIS Online. There is no address integration between the Utility Billing system and Permitting system Fully Compliant Modification/Custom Software Not available GIS Integration Critical/ Desired/ Optional Comments 1 .NET used in all applications Critical X 2 Support for SQL Reporting Services Critical X SSRS can be used with the BS&A Applications, but this functionality is not developed/supported by BS&A Software 3 Support for Microsoft SQL 2012 (or above)Critical X 4 Support for Information Bridge Framework (IBF)Critical X 5 Support for Windows 7 & 10 on Client PC’s Critical X 6 Provide a browser-based user interface, compatible with Microsoft Internet Explorer 11 and higher or Google Chrome, accessible via Internet/Intranet.Critical X 7 Run server application on a minimum Windows 2012 Server platform under virtual environment Critical X 8 Use commercially available geographic information datasets for its integrated GIS system.Critical X 9 Provide multi-user functionality.Critical X GIS Integration Critical/ Desired/ Optional Fully Compliant Modification/Custom Software Not available 26 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 5.0 Hardware Hardware Requirements Our ideal configuration is a client-server environment. The backup solutions are to be handled via SQL or appropriate backup software. Although BS&A Software recommends a physical environment for our customers, we support the implementation of our software in virtual environments. BS&A has extensively tested and approved both VMware and Hyper-V in our labs. BS&A desires that all of our customers have a pleasant experience running our software. A properly configured Virtual Server need not destroy employee productivity. In order to ensure the best possible overall performance system, administrators must be willing to allocate sufficient resources to Microsoft SQL. To that end, BS&A Software recommends the following when implementing the .NET software in VM environments: 1) Databases and log files are kept on separate physical volumes/disks 2) Volumes housing databases and/or log files are dedicated to the use of the database (no other VMs reside on those volumes) 3) High performance disk technologies are used wherever possible 4) Disparate database styles (i.e., MS Exchange) NEVER cohabitate with MSSQL on the same drives 5) VMWare RDMs are implemented wherever possible 6) Parent servers dedicate at least 2 CPU cores to MSSQL VMs 7) Sufficient RAM is allocated to reduce/minimize the need for excessive disk access 8) SQL 2008 or newer only; Workgroup or Standard Edition where possible 9) So-called snapshots of the virtual machine cannot be relied upon for data restoration or disaster recovery. Alternative database backup methods must be employed. 10) Optimize disk partitioning using industry-standard methods 27 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Supported Operating System (Workstation) Windows 10, Windows 8.1, Windows 8, Windows 7 and Windows Vista Supported Server Operating Systems Windows Server 2008 - 2016 Supported Versions of SQL Windows Server 2008 - 2017 Microsoft SQL Database schema for BS&A does not include views. All views are created programmatically at runtime of the application. All columns in the view are able to be sorted. All tables are able to be indexed by the user. This gives better functionality for a non-technical user than a standard view. SQL table schema for BS&A tables utilizes unique keys and indexes. Reporting Services BS&A’s applications come with a large amount of reports offering numerous options so our users can quickly get the most out of our software. However, our integrated Report Designer allows users the ability to create their own reports as needed. Key features:  Streamlined capabilities with calculated expressions  A Table option, which allows columns of fields on a report for ease in field placement and movement  “Sort” banners and footers, which group data and can provide subtotals  Clickable reports let you click on a particular report entry to drill down to the details  Reports can be saved to PDF format and CSV format  Same look and feel as Crystal Reports  Our Report Profiles feature lets users group multiple reports together for more efficient printing. Individual reports within the profile have options that can be set and saved for the Profile process. Personal Computer Specifications Workstation Recommended Minimum 3.2 GHz Intel® Core™ i5 (or faster) 2.8 GHz Intel® Core™ i3 8 GB RAM 4 GB RAM 80 GB free disk space 40 GB free disk space Windows 10 (Professional or above) Windows 7 (Professional 64-bit or 32-bit) Tablet PC (Community Development Field Inspection App) Recommended Minimum Intel® Core™ i5 520 UM (or faster) 2.8 GHz Intel® Core™ i3 8 GB RAM 4 GB RAM 80 GB free disk space* 40 GB free disk space* Windows 10 (Professional or above)** Windows 7 (Professional 64-bit or 32-bit) *Note: The amount of free disk space required is dependent upon the size of the database and the number of attachments required **Note: BS&A applications are NOT compatible with Windows RT 28 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Server Specifications (defined as a computer running a Windows Server Operating System) Database Server (fewer than 15) Recommended Minimum 1 Xeon E5 series Quad-Core 2.4 GHz (or faster) 2 GHz Multi-Core Xeon Processor 8 GB RAM 4 GB RAM 6x SATA 7.5K RPM 1TB (3x RAID 1) 250 GB free disk space Separate RAID for Operating System Windows Server 2008 Standard (32-bit) Windows Server 2016 (Essentials or above) Database Server (15 to 30 Users) Recommended Minimum 1 Xeon 2.3 GHz E5 Six-Core Processor (or faster) Xeon 2 GHz Multi-Core Xeon Processor 24 GB RAM 16 GB RAM 4x SATA 7.5K RPM 1TB (2x RAID 1) 500 GB free disk space 2x 500 GB Solid State Drive (SSD) Windows Server 2008 Standard (64-bit) Separate RAID for Operating System Windows Server 2016 (Essentials or above) Database Server (30 to 50 Users) Recommended Minimum (2) Xeon 2.5 GHz E5 Six-Core Processors (or faster) Xeon 2.8 GHz Quad-Core Processor 48 GB RAM (DDR3 1333 or faster) 24 GB RAM 4x 10K RPM SAS 1TB Hard Disks (2x RAID 1) 1 TB free disk space 2x 500GB Solid State Drive (SSD) Windows Server 2008 Standard (64-bit) Separate RAID for Operating System Windows Server 2016 (Essentials or above) Database Server (50 to 100 Users) Recommended Minimum (2) Xeon 2.5 GHz E5 Eight-Core Processors (or faster) (2) Xeon 2.8 GHz Quad-Core Processors 64 GB RAM (DDR3 1600 or faster) 48 GB RAM 8x SATA 15K RPM 1TB (2x RAID 10) 1 TB free disk space 2x 500GB Solid State Drive (SSD) Windows Server 2008 Standard (64-bit) Separate RAID for Operating System Windows Server 2016 (Essentials or above) Server (over 100 users) Please email our IT Department at ITSupport@bsasoftware.com Virtual Server Please see the help doc entitled "BS&A Software and Best Practices in Virtual Environments." http://bsasoftware.com/references/whitepapers_helpdocs/tech/articles_whitepapers/White_vmSupport.pdf Terminal Services/Citrix Environments Recommended Application Server Specifications Dual Quad-Core Xeon Processor 4096 MB RAM plus an additional 1024 MB RAM per user, per application 500 GB free disk space 29 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Windows Server 2016 (Essentials or above) Limit of 50 total users Please see the help doc entitled "BS&A Software and Best Practices in Terminal Server/RDP Environments." http://bsasoftware.com/references/whitepapers_helpdocs/tech/articles_whitepapers/white_terminallimits.pdf Please see the help doc entitled “BS&A Software and Remote Desktop Services 2016” http://bsasoftware.com/references/whitepapers_helpdocs/tech/articles_whitepapers/remotedesktopservices2016.pdf I.T. Recommendation BS&A has worked with IT Right for network services and implementation since 1999. If you are in need of IT services, please visit their site: http://www.itright.com Printer Recommendations BS&A Software does not officially maintain a master list of all the different printers that work with our applications. A general rule of thumb would be that any printers that are compatible with Windows are also compatible with BS&A. 30 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 6.0 Implementation and Training A member of our Project Management and Implementation Planning team will be assigned to coordinate your project. Our consultant will oversee the implementation process, schedule all necessary meetings, facilitate data transfer and conversion, and schedule training. All training proposed will be performed onsite at your offices. Coordination, documentation, and communication will be provided throughout the project by way of Microsoft SharePoint. An overview of our planned method for a five-phase project management is as follows. BS&A is able to work with the timeline that best suits you. Initiation: All projects begin with a Kick -Off meeting with the Project Stakeholders. Discussions then take place with each Department. The key is to ensure everyone is kept on the same page. Planning: Comprehensive planning must occur through a variety of means. Planning is completed and is put in place through a formal Implementation Plan. The plan is specific to dates, timelines, tasks, and schedule of events. Execution: Execution is an extension of the planning process. It puts the Implementation Plan in motion. Control: We will have several basic control systems and some more formal quality control systems in place. Program installation, data conversions, training, and system testing will all have control system testing. The installation may be phased; therefore, testing of each implementation will occur at the appropriate time. Closure: This is where the project is wrapped up. BS&A will remain onsite for the first several Go-Live dates, for each application if necessary. Additionally, follow-up visits may be scheduled to assess progress and answer questions. Of course, the technical support staff is always here for you. In the event of a change in scope, the assigned Project Manager will first review the requested functionality with the appropriate Project Stakeholders, to ensure that there is a clear understanding of the desired outcome. Once this is completed, the Project Manager may consult with development staff, or our Product Management team, in order to first determine if it is possible to accommodate the requested changes, then to determine if there will be cost involved, and finally to determine an estimated timeline for the implementation of those changes. Once this step has been completed, a Change Order, detailing the change in scope, as well as any impacts to cost or timeline, is prepared ______________ Project Management Highlights BS&A employs a project management approach that is distinctly better for several reasons. With our staff, you will enjoy the following benefits: The Customer: The staff at BS&A Software is always concerned with the client’s needs first Details: We will follow a detailed project plan that will ensure a smooth transition Knowledgeable: You will always be dealing with a professional, knowledgeable, and dedicated staff member Passionate: Throughout the project you will work with staff members that believe it is very important to always push ourselves and to never be satisfied with "good enough." Our goal is not to be a good company by providing good services. We want to be a great company by providing remarkable services. Important: Your Project Manager will guide you through the process and make sure you are the most important part of the process. Every member of the BS&A team treats each customer as absolutely crucial to the company's survival, as indeed, each customer is. 31 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 for customer review. At any stage during this process, the Project Manager may facilitate the exchange of information between BS&A’s Product Managers and developers, and the appropriate customer personnel. System Design and Documentation BS&A is responsible for creating a Recommended System Design and Configuration. This will be accomplished by conducting an in-depth, onsite review of your existing process. The output of this review will be a set of recommendations and associated system design and configuration document. It is the City’s responsibility to review, approve, and/or adjust that design. Some parts of BS&A’s recommended design may be items that the City wishes to implement in the future. We will work with you to come up with a design that optimizes efficiencies, but takes into account your current practices, policies, and procedures. This will be provided to the Stakeholders electronically and reviewed during the onsite configuratio n/design review meeting. The outcome of that meeting and subsequent discussions will be to agree on a final system design/configuration. Project Risk Management BS&A embeds risk management in every project. In our 25 years of data conversions and implementations we have learned this is an integral part of maintaining a successful project. Throughout the project your Project Manager will be in constant communication with you, and will schedule regular conference calls to keep everyone aware of the status of your project. Constant communication and consultation throughout the entire process is the best way to handle risk management. The project risk management model that we follow is: 1. Identify 2. Analyze 3. Evaluate 4. Implement Final Phase and Cut-Over In the final phase of the project, you will be running BS&A as your primary system. For Payroll and Billing Cycles, we will run at least one cycle in parallel. For example, you will run a payroll in your current software. We will then run the same payroll in the BS&A Payroll software and make sure that data balances. From that point forward, all activity will be in BS&A. Similarly, we will run a parallel cycle in Utility Billing to make sure that bills are being created appropriately. BS&A will be onsite during these Go-Live periods to help quickly resolve any problems that may arise. At the conclusion of this phase, we will transition you to our Support team. 32 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Implementation Plan Services include the planning and evaluation of current hardware and network, sources and format of legacy data, potential integration with existing systems, software installation, data conversion and training. BS&A does not intend on partnering with any other software vendors for this project. Our goal is to make the transition from your current system as painless as possible. We utilize our extensive experience to accomplish this in an efficient, accurate and timely manner. For example, many municipalities believe the best time to convert is at the start of a fiscal year. Our experience has shown that this is often the busiest time of year – not the optimal time to transition to new software. Once a general transition time is agreed upon, an implementation timeline is prepared. This schedule includes evaluation of your current hardware and network, sources and format of legacy data, potential integration with existing system, software installation, data conversion and training. Implementation meetings are held to discuss/gather information about key topics like workflow process, banking information including positive pay/ACH, any unique reporting requirements, etc. As part of these meetings key team members from the municipality are identified and included, ensuring that all concerns are heard and any potential issues are addressed. We strive to shorten the transition process as much as possible – a long transition equates to diminishing productivity. Typically, we can accomplish the entire process – from initial kickoff meeting to “go-live” – in six to nine months. Implementation Approach BS&A has developed a five phase approach to implementation. Consultation: Each implementation will begin with a kick- off meeting. Here we will set the time table and develop the schedule for your onsite implementation and training. During the onsite Process Discovery meeting we will review your current processes, and make the recommendations for the best practices in BS&A. ______________ Implementation Highlights The staff at BS&A Software is specially trained, first and foremost, to take care of customers. We are not satisfied unless your staff is pleased with your software choice. The process is not complete without a solid implementation plan to follow. Our Implementation process includes all services necessary to assure a successful transition. We will provide: Current Process Review Project Managers that understand your needs AND are Subject Matter Experts Implementation and Project Plans Project Update Conference Calls Program Installation/Network Configuration assistance Data Conversion from your legacy system Data review services – you will evaluate your converted data prior to your Go-Live Training Services that are tailored to your needs Follow-up training with advanced report design assistance. 33 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Conversion: In this phase we install the software, review your chart of accounts, run a preliminary data conversion followed by quality control testing, and finally perform the final data conversion. Setup and Training: This phase consists of user and security setup, workflow setup, custom report creation and modification, and onsite end user training. Parallel: Here we run identical payrolls and billing in BS&A as well as your legacy system as part of training. Go-Live: Our training staff is onsite working with you to perform your first payroll, billings, and check and report runs. They will review the processes with you and transition you to the BS&A support staff. Software Installation Programs will be installed by BS&A for testing and learning purposes. This is informal and simply allows users to play with the applications prior to formal training. Data will be installed at a later date. This allows time for the staff to become familiar with the applications and review tutorials prior to formal training. We have provided an option for the City to obtain hardware and hardware support services through IT Right, our preferred provider. BS&A will assist in recommending the optimal hardware configuration for this installation. Proposed Implementation Schedule Dates are estimated based on the City’s calendar of events schedule and may be subject to change. Timetable Scope of Work 1 Month Post Signing Kick-Off Meeting – This meeting will assemble all project stakeholders to discuss expectations and concerns. BS&A Software will listen to the discussion, offer input as needed, and formulate a plan at the conclusion. Assemble Project Team – The respective Project Managers will administer the day- to-day operations of the project. •Current Process Review •On Site Assessment •Best Practices Recommendations •IT Hardware Review •Project Review Meetings Consultation •Chart of Accounts Review •Preliminary Data Conversion •Quality Control Testing •Final Data Conversion •Software Installation Conversion •System Security Configuration •Workflow Setup •Custom Report Creation/Modification •Training Setup and Training •Run Parallel Cycles BS&A and Legacy System •Confirm Results •Training Staff On-site to Provide Assistance & Resolve Issues •Transition to Support Parallel / Go Live •Project Kickoff •Implementation Plan •Review Project Scope •Identify Project Team •Review Roles & Responsibilities Initiation 34 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Establish a timeline for project components such as conversions, customizations, program training. 5 Month Pre Go-Live Meet with the City IT staff to identify possible network issues and review existing system configurations. City reviews hardware requirements and begin the process of purchasing/installing new server(s) and workstations if necessary. 4-5 Months Pre Go-Live Preliminary Data Conversion & Data Review – Begin process of converting City’s existing data into BS&A. City sends preliminary data to BS&A for analysis and first run of data conversions. Upon completion of initial conversion, BS&A meets with key stakeh olders to review conversion output. If necessary, the conversion will be updated and the process will be completed again until we have successfully converted all data. During this process, we will also gather requirements for any required program customizations. 4 Months Pre Go-Live Install programs in test environment for learning and evaluation purposes. This allows time for staff to become familiar with the applications, execute test cases and review tutorials prior to formal training. Final converted data to be installed at a later date. 0-2 Months Pre Go-Live Implementation/Training The converted data will go through a Quality Control test. BS&A will first review/test the data, and then pass it to the City for their review and critique. BS&A begins Program Training. This will familiarize staff with the new software and processes. 1 Month Post Go-Live Evaluation After you are up and running we don’t disappear. We will conduct a post project review meeting to tie up any loose ends and evaluate the entire process. We want your feedback to make sure you’re completely satisfied and learn of anything that could be done to make our process better. Sample – High Level Work Plan The following Sample Implementation Schedule details the overall implementation timeframe and schedule of events. The dates, times and order of events are subject to change based on availability of the City and BS&A staff. This will be determined at the kick-off meeting should BS&A be the selected vendor. BS&A guarantees that the system will be fully functional according to the completion document once finalized at the commencement of the project. Sample Implementation Schedule [Below Template will be updated to fit your needs] Task Responsible Parties (Bold is Primary) Start Duration Initiation Activities Conduct Kick-off Meeting BS&A and City 1 month post signing 1 day Review Project Scope and Project Management Process BS&A 1 month post signing 1 day 35 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Establish Project Meeting Schedule BS&A and City 1 month post signing 1 day Assemble BS&A Project Team BS&A 1.5 months post signing 1 day Assemble City Project Team City 1.5 months post signing 1 day Create Initial Project Timeline BS&A & City 1.5 months post signing 1 day IT and Data Conversion Activities Meet with City IT Staff to review Hardware Configurations BS&A and City 5 months pre go-live 1 day Extract Preliminary Data from current System BS&A and City 5 months pre go-live 1 week Conduct Data Mapping and Develop Data Conversion Routines BS&A 5 months pre go-live 1 month Conduct Review of Converted Data with City BS&A and City 4 months pre go-live Approx. 1 day Install Programs BS&A 4 months pre go-live 1 day Knowledge Transfer Conduct On-site Process Review Meeting BS&A and City 3 months pre go-live 2 days Conduct Analysis of Current Forms BS&A and City 3 months pre go-live 1 day Conduct Review of Required Reports BS&A and City 3 months pre go-live 1 day Conduct Analysis of System Interface Requirements BS&A and City 3 months pre go-live 1 day Develop Best Practices Recommendation BS&A 3 months pre go-live 1 day Approve Recommendations City 3 months pre go-live 1 day Provide Consulting and Assistance with Chart of Account Redesign BS&A 3 months pre go-live 1 day Create System Specification Document BS&A 3 months pre go-live 3 days Implementation Create Forms BS&A 0-2 months pre go-live 2 days Create Reports BS&A 0-2 months pre go-live 2 days Conduct Acceptance Testing City 0-2 months pre go-live 2 days Conduct Final Data Extraction City 1 week pre go-live 2 days Convert Final Data BS&A 1 week pre go-live 2 days On-site Set-up for Users & Configuration Items BS&A 0-1 month pre go-live 4 days Training On-site Training BS&A and City 0-2 months pre go-live Varies Post-Project Activities Conduct Post Project Review & Assessment BS&A and City 1 month post go-live Varies Conduct Post Implementation Follow Up Training BS&A and City TBD TBD 36 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Data Conversion Data conversion is the single most important aspect of any system implementation. We do not force you to provide us data in a pre-defined format or go through a complex process to create data mapped to a specific structure. Instead, we simply ask you to provide us with ASCII data (preferably MS SQL or Access), and we will take ownership of the conversion process. Whenever possible, we take all the risk of data conversion, by providing you with a “not to exceed pricing” rule. If the conversion takes more wor k than expected, we will complete the additional work at no additional charge to the City. Of course, we will require your help in running reports and validating that the data is converted correctly, but it is our job to handle the conversion process – you just help us make sure we get it right. Data Conversion Process In the course of bringing hundreds of municipalities onto our Financial Management and Utility Billing software, we have fine-tuned our data conversion process to minimize the work on your part and maximize your ability to access past data. We have experience converting data from numerous different legacy systems. We understand that your current financial management software is Tyler Incode. Data Extraction & Formatting BS&A will extract all of the data to be converted from your system. The City does not need to touch or reformat the data in any way. The only thing required of the City is to run some reports to aid us in balancing the data. Preliminary Data Conversion/Mapping One of the first key activities in the project is to get an initial copy of your data. BS&A consultants will map your existing data into the appropriate fields within BS&A. This mapping will be used to drive the development of our data conversion routines. After a preliminary conversion is developed, we will interrogate the data and make sure it balances. Data Review Once we have converted the initial data, it will be installed onsite for review by your transition team and BS&A staff. Together, we will walk through the data – you are the experts on the information and we are the experts on our system. Any deficiencies in the raw data and/or conversion process are identified and addressed. An evaluation is also made of any missing pieces in the data that cannot be converted electronically. BS&A staff will often enter critical items to reduce your workload during the busy transition period. This data will remain on your test system for evaluation throughout the remainder of the process. If necessary, this step will be repeated until we have the data conversion approved. Final Conversion Just before the Go-Live date for a particular application, we will again extract a copy of your data. In this case, it will be data that includes all the latest transactions. We will re-run our conversion and load the data onsite into the appropriate BS&A application. Parallel Cycles To absolutely ensure that our data conversion process is 100% correct, we run payroll cycles in parallel. After running a payroll in your current system, we will re-run the same payroll in BS&A to make sure that all data is replicated. Any deficiencies will be corrected. 37 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Scope of Data Conversion The cost proposal identifies conversion costs. The scope of those conversions is specified in the following table. Application Scope of Conversion Utility Billing Accounts, Services, Deposits, Rates, Meters Unlimited Years of Service, Billing and Payment History 38 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Training Approach We prefer to train your staff using your data in conjunction with your go-live date. Our experience has shown that training too far in advance of actually using the software is easily forgotten. The coordination of data conversion, installation and training is crucial to a seamless transition – and is something we do very well. In addition to expertise in our system, our trainers all hold accounting degrees. We believe this is very important to effectively communicate accounting concepts. Our trainers teach in a friendly, relaxed manner, which helps alleviate any apprehension your staff may have over learning a new system and helps them buy into the entire transition. The training methods we utilize are perhaps the area where our flexibility is most evident. Where practical, we find a hands-on approach at your users’ desk most effective. Depending on the size of the municipality, we can offer training in a classroom environment, using a screen and projector. In either case, we utilize your data, which has the most relevance for your users and leads to best retention of training. The first step in the process is to jointly create an overall project implementation plan. From there, we will jointly develop a training plan that accommodates your requirements (vacations, elections, auditor, etc.). Training is conducted on-site, hands-on using your live data. The typical process is to walk through overall process. Once that is complete, we will then go into specific tasks. Where appropriate, a parallel cycle will be run to make sure that data generated in BS&A matches data generated in your current system. Trainers will remain on-site until the user community is up and running. Typically after 30 to 60 days of use, we bring the trainer back on-site to address any questions and reinforce prior training. BS&A will provide the existing documentation, training manuals, and texts to assist in the training process. The training materials provided can be used, copied, combined and/or distributed for any City training sessions. ______________ Training Highlights The coordination of data conversion, installation and training is crucial to a seamless transition – and is something we do very well. Our training process includes all services necessary to assure a successful transition. This includes: Setting up user and user security rights for each application Modifying custom settings in each application to fit the needs of the customer Setting up application integration and workflow methods Onsite verification of converted data for balancing and auditing purposes Trainers who are experts in our system and hold accounting degrees. Using your own data for hands- on training. After training is complete, we don’t go away. We think it’s important to revisit our customers one to two months post- training to follow up on any items covered during training that need to be refreshed. As needs arise, we can also offer assistance with bank reconciliations. 39 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 On-Site Classroom Training BS&A will provide the existing documentation, training manuals, and texts to assist in the training process. The application-specific training materials are further broken down by process, so that it is possible to pick and choose materials appropriate for the particular training session. The training materials provided can be used, copied, combined and/or distributed for any City training sessions. End User Training The estimated number of training days for end user training for Cit y staff on all software modules: Software Setup Days: 2 User Acceptance Testing Days: 4 Utility Billing .NET Days: 15 Post-Go Live Follow Up Days: 3 Total: 23 Optional Post-Go Live Follow-up Training BS&A strongly recommends follow-up training approximately 30 to 60 days after initial training. During these sessions we will work one-on-one with any users who require additional assistance. For this project, we would recommend 3 days of follow-up training. Activities include:  Review and consult on streamlining day-to-day activities as they relate to the processes within the BS&A applications  Assist customers with more detailed and advanced report options available within the BS&A applications  Revisit commonly-used procedures discussed during training  As needs arise, provide assistance with bank reconciliations  $1,000/day + travel costs  Days quoted are estimates; you will only be billed for actual days used If necessary, additional onsite training or support is available for $1,000/day plus applicable expenses. Alternatively, remote web training is also available for a fee of $140/hour. Several user group meetings are scheduled throughout the year. Meetings are held at our training facility in Bath, Michigan and are complementary to our customers. Webinar participation is available for those unable to attend the user group meetings in person. Additionally, videos of these meetings are available on our website shortly after the meeting takes place. Furthermore, we have nearly 150 video tutorials on our website. http://www.bsasoftware.com/Learning-Center/Financial-Management/Video-Tutorials. Knowledge Transfer Our team will ensure that all necessary staff is educated to the appropriate level that allows them to support and maintain the application in the most proficient manner upon the completion of implementation. Due to the comprehensive material presented, we fully anticipate and welcome the City staff to utilize our technical support and online resources. Additionally, we have detailed application training videos and corresponding written courseware. Our video courseware is designed for:  New customers and prospects who want to gain some upfront knowledge before our implementation and training staff arrive onsite. 40 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020  Existing customers who want to understand important topics at a deeper level once they have become more accustomed to the software.  Existing customers who have hired new personnel and would like to allow them get up to speed on their own schedule. Online Knowledgebase The Financial Management area of our website includes a plethora of information for online learning. There are hundreds of task specific tutorials for many applications, and also demos of user group meetings. The site is periodically updated by BS&A staff with current videos, and new user group sessions. We also provide a link from within each of our applications to query software maintenance and enhancement cases. Key Personnel Account Executive Name Dan J. Burns, CPA Account Executive Education Bachelor’s degree in Accounting Date of Hire 2011 Responsibilities Sales executive for ERP Systems BS&A Project Experience Numerous local and county clients including City of Grand Haven, MI; Huron County, MI; Jacksonville City, AR; Shorewood Village, WI; Brown Deer Village, WI; Rochester City, IN; Whiting City, IN and Burr Ridge, IL Prior Work Experience 1994-2010 1991-1993 1987-1991 ADP, Inc. – Sales Representative; Major Account Sales Executive Iron Mountain – Manager of Account Services Plante Moran – CPA/Tax Consultant Ernst & Young – Public Accountant Project Management & Implementation Planning Team BS&A Software will provide information on personnel likely to be assigned to the project. In an effort to most effectively use resources, personnel will be assigned to the project upon commencement of implementation. Name Jason Hafner, CPA Director of Project Management and Implementation Planning Education Bachelor’s degree in Accounting Date of Hire 2003 BS&A Project Experience Involved in numerous local and county implementations including Greenfield, WI; Muskegon County, MI; Northbrook, IL; Clark County, OH; Skokie, IL; Longboat Key, FL; Great Lakes Water Authority, MI Prior Work Experience 1998-2003 Abraham and Gaffney-Certified Public Accountant Firm -Senior in charge Accountant; Set up and training of new software; Conducted audits of governmental entities 41 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Name Mark Puetz Product Manager Education Bachelor’s degree in Accounting Date of Hire 2004 BS&A Project Experience Involved in numerous local and county implementations including Muskegon City, MI; Lincoln Park City, MI; Lowell City, MI; West Bloomfield Township, MI; Jackson City, MI; and Fenton City, MI Prior Work Experience 2002-2004 Thomson Reuters – Software training Name John Schopmeyer Product Manager Education Bachelor’s degree in Computer Science Date of Hire 2001 BS&A Project Experience Involved in numerous local and county implementations including The Villages, FL; Westland City, MI; Grand Haven City, MI; Hutchinson, MN; Jackson County, MI; Jacksonville City AR Prior Work Experience 2011-2017 2001-2011 BS&A Software – Financial Management Project Manager BS&A Software – Software Developer; BS&A Payroll System Name Jessica Duflo Financial Management Project Manager Education Bachelor’s degree in Accounting Date of Hire 2006 Responsibilities Implementation logistics; data conversions; training arrangements, Report Designer, data and logical program testing BS&A Project Experience Involved in numerous local and county implementations including Shoreview, MN; Bennettsville, NC; Harrison, AR; Warren, MI; Silver Spring, PA Prior Work Experience 2006-2016 BS&A Software – Financial Management Support 42 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Name Jon Nowak Financial Management Project Manager Education Bachelor’s degree in Business Administration with a minor in Sociology Date of Hire 2013 Responsibilities Implementation logistics; data conversions BS&A Project Experience Involved in numerous local and county implementations including Marquette County, MI; Marquette County Health Department, MI; Jackson County, MI; Lincoln Township, MI; Colon Township, MI; Huron Township, MI; Mackinac County, MI; Watertown Township, MI; City of Madison Heights, MI; City of Novi, MI; Green Lake Township, MI; City of Northville, MI; Altoona, PA Prior Work Experience 2012-2013 2011-2012 Principal Financial Company – Licensed Agent Smith Consulting Group – Research Assistant Name Katie Magsig Financial Management Project Management Analyst Education Bachelor’s degree in Biomedical Sciences Date of Hire 2016 Responsibilities Implementation logistics; data conversions BS&A Project Experience Involved in numerous local and county implementations including Key Largo Wastewater Treatment District, FL; Northlake City, IL; Briley Township, MI; Village of Grosse Pointe Shores, MI; Village of Nashville, MI; Rollin Township, MI Prior Work Experience 2016-2019 2014 - 2016 BS&A Software – Utility Billing Support Specialist Central Michigan University – College of Medicine Laboratory Technician Name Kurt Kramer Financial Management Project Manager Education Master’s degree in Business Administration; Bachelor’s degree in Accounting/Computer Information Systems Date of Hire 2005 Responsibilities Implementation logistics; data conversions; training arrangements BS&A Project Experience Involved in local and county implementations including West Melbourne, FL; Fort Meade, FL; Jupiter Island, FL; Alton, IL; Oak Park IL; Tifton, GA Prior Work Experience 2010-2016 2005-2010 2003-2004 BS&A Software – Financial Management Lead Support BS&A Software – Financial Management Implementation Specialist Auto Owner’s Insurance – Computer Programming Intern 43 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Name Laura Pohl Financial Management Project Manager Education Bachelor’s degree in Accounting Date of Hire 2011 Responsibilities Implementation logistics; data conversions; training arrangements BS&A Project Experience Involved in local and county implementations including Jeffersonville, IN; Norfolk, NE; Whitefish Bay, WI; Wyandotte, MI; Oak Park, MI; Palmetto, FL; North Little Rock, AR Prior Work Experience 2011-2012 State of Michigan – Office of Financial and Insurance Regulation – Student assistant to Commissioner’s receptionist Name Randy Dickinson, CPA Financial Management Project Manager Education Bachelor’s degree in Business Management; Bachelor of Applied Arts in Accounting Date of Hire 2012 Responsibilities Implementation logistics; data conversions BS&A Project Experience Involved in numerous local and county implementations including Greenfield, WI; Roscommon County, MI; Northbrook, IL; Clark County, OH; Skokie, IL; Longboat Key, FL Prior Work Experience 1999-2009 Delhi Corporation - Electronics and Safety Division; Supplier, Quality & Development Engineer – Structured problem solving, failure analysis, process improvement Name Ryhan Carrier Financial Management Project Manager Education Bachelor’s Degree in Accounting Date of Hire 2013 Responsibilities Implementation logistics; data conversions BS&A Project Experience Involved in local and county implementations including Flint, MI; Stoughton, WI; Commerce, GA; Shoreview, MN; Champaign Park District, IL; Jupiter Island, FL; Alton IL Prior Work Experience 2013-2014 2014-2018 BS&A Software – Support Specialist Intern for the Financial Management Suite BS&A Software – Financial Management Implementation Specialist 44 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Name Tina Walker Financial Management Project Manager Education Bachelor’s degree in Accounting Date of Hire 2009 Responsibilities Implementation logistics; data conversions; training arrangements BS&A Project Experience Involved in numerous local and county implementations including Clinton Charter Township, MI; Shorewood Village, WI; West Melbourne, FL; Fort Meade, FL; Jupiter Island, FL; Alton, IL; Tifton, GA; Oak Park IL Prior Work Experience 2002-2009 Wilbur Ellis Co. – Budget preparation, revenue forecasting, monthly sales and gross margin reports Name Tom Magsig Financial Management Project Manager Education Associate’s degree in Business Management Date of Hire 2011 Responsibilities Implementation logistics; data conversions BS&A Project Experience Involved in numerous local and county implementations including Cooper City, FL; Peachtree City, GA; Northbrook, IL; Round Lake Beach, IL; Oak Park, MI; City of Muskegon, MI; Altoona, PA; The Villages Community Development District, FL Prior Work Experience 2012-2017 2000-2011 1990-2011 BS&A Software – Financial Management Trainer State of Michigan – Real Estate Broker Motz Development, Inc. – CFO; Construction Management and Land Development. Licensed Real Estate Broker, State of MI Name Zach Earegood Financial Management Project Manager Education Bachelor’s degree in Business Administration Date of Hire 2012 Responsibilities Implementation logistics; data conversions BS&A Project Experience Involved in numerous local and county implementations including North Little Rock, AR; Macomb Township, MI; Des Plaines, IL; Branch County, MI; Genoa Township, MI; Shoreview, MN. Bennettsville, NC; Harrison, AR; Silver Spring, PA; Macomb Township, MI; Warren, MI Prior Work Experience 2012-2014 BS&A Software – Financial Management Support Specialist 45 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Implementation and Training Team BS&A Software will provide information on personnel likely to be assigned to the project. In an effort to most effectively use resources, personnel will be assigned to the project upon commencement of implementation. Name Rob Burritt Director of Implementation and Training Education Bachelor’s degree in Accounting Date of Hire 2011 BS&A Project Experience Involved in numerous local and county implementations including Clinton Charter Twp, MI; Huron Charter Twp, MI; Redford Twp, MI; Shorewood Village, WI; Festus, MO; Marquette, MI; Angola, IN; Grand Haven City, MI; Jeffersonville, IN; Flint, MI; Jackson County, MI; Westland, MI Prior Work Experience 2006-2011 2000-2006 RTS Consulting, Inc. – Senior Client Manager; Installed and configured software systems, training, provided recommendations for new software procedures TCI Solutions/Retalix Ltd. – Manager/Professional Services; Training on new software procedures, software implementation, consult and coordinate with analysts and programmers to design and develop automated business procedures. Name Andrew Klein Financial Management Implementation Specialist Education Bachelor’s degree in Accounting with a minor in Economics Date of Hire 2015 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in local and county implementations including Hoffman Estates Park District, IL; Lockport, IL; Shoreview, MN; Tequesta, FL; North Riverside Village, IL; West Melbourne, FL Prior Work Experience 2015-2016 BS&A Software – Support Intern Name Audrey Regnery Financial Management Implementation Specialist Education Bachelor’s degree in History and Political Science, and Master’s degrees in both Business Administration and Public Administration Date of Hire 2017 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in local and county implementations including Oak Park, IL; Wayne County, GA; Winfield, IL; Afton, IL; Lockport, IL; Isle of Palms, SC Prior Work Experience 2013-2016 2011-2013 City of Woodstock, GA – Financial Analyst City of Woodstock, GA – Business License and Building Permit Representative 46 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Name Carrie Klemm Financial Management Implementation Specialist Education Bachelor’s of Arts in English with a specialization in Creative Writing Date of Hire 2016 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in local and county implementations including Altoona, PA; Midland Twp, MI; Douglasville, GA; Jackson County, IL; Oak Park, IL; La Vista, NE; Midland Water District, MI Prior Work Experience 2012-2015 2013-2014 Western Land Services – Title Examiner/Abstractor/Team Lead Mason County Press – News Correspondent Name Chris Polack Financial Management Implementation Specialist Date of Hire 2001 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in local and county implementations including Grand Rapids, MI; Alton, IL; Suwanee, GA; Cadillac, MI; Cole County, MO; Clawson MI Prior Work Experience 2013-2014 2001-2012 1999-2001 BS&A Software – Financial Management Support Specialist BS&A Software – Tax Support Specialist and Trainer New Horizons Computer Learning Center – Software Trainer Name Corey Meiring Financial Management Implementation Specialist Education Bachelor’s degree in Accounting & Marketing Date of Hire 2005 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in numerous local and county implementations including Skokie, IL; Highland, IN; Longboat Key, FL; St. Joseph County, MI; Arlington Heights Park District, IL; Alachua, FL; Broward Metropolitan Planning Organization, FL; West Melbourne, FL; Jackson County, IL; Bennettsville, SC Prior Work Experience 2000-2005 Thomson Reuters – Software training 47 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Name Craig Borsenik Financial Management Implementation Specialist Education MBA; Business Administration Date of Hire 2012 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in local and county implementations including Skokie, IL; Highland, IN; Longboat Key, FL; St. Joseph County, MI; Arlington Heights Park District, IL; Alachua, FL; Broward Metropolitan Planning Organization, FL; West Melbourne, FL; Jackson County, IL; Bennettsville, SC Prior Work Experience 2007-2012 Northwood University – Facilities & Events Associate Director Name Curtis Crumpton Financial Management Implementation Specialist Education Bachelor’s degree in Information Systems, Concentration on Enterprise Software Date of Hire 2015 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in numerous local and county implementations including Great Lakes Water Authority; Woodstock, GA; West Melbourne, FL; Fort Meade, FL; Hillsdale, MI Prior Work Experience 2011-2015 ABC Warehouse – Sales Name Devin Banek Financial Management Implementation Specialist Education Bachelor’s degree in Banking, Finance, and Business Management Date of Hire 2014 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in local, county, and special district implementations including Houghton County, MI; St. Joseph Charter Twp, MI; Zion Park District, IL; Eaton Rapids, MI; Freeport Park District, IL; Alachua, FL; North Little Rock, AR; Frankenmuth Twp, MI; Johnstown Twp, MI; Adairsville, GA; Peachtree City, GA; Alton, IL; North Charleston Sewer District, SC; Kalkaska, MI. Prior Work Experience 2012-2014 Wolverine Bank – Deposit Sales and Service Representative 48 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Name Jason Sheeran Financial Management Implementation Specialist Education Bachelor’s Degree Business Information Systems Date of Hire 2018 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in numerous local and county implementations Muskingum County, OH; Peterborough, NH; Newberry, MI; Round Lake, IL; Bourbonnais, IL; Traverse City, MI Name Jeff Delany Financial Management Implementation Specialist Education Bachelor’s Degree in Accounting Date of Hire 2014 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in numerous local and county implementations including Grosse Pointe Park, MI; Beverly Hills, MI; Haring Charter Twp, MI; Kalamazoo Lake Sewer & Water Authority, MI; Manistique, MI; Wayne County, GA; Lake Bluff, IL; Sullivan’s Island, SC; Winfield, IL; Somers, WI. Prior Work Experience 2014 BS&A Software – Support Specialist for the Financial Management Suite Name Joel Kinell Financial Management Implementation Specialist Date of Hire 2018 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in numerous local and county implementations Montcalm County, MI; City of Easley, SC; Village of Riverside, IL; City of Plymouth, MN; Chippewa County, MI; Village of Mukwonago, WI; City of Lake Forest, IL; City of East Lansing, MI 49 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Name Josh Katona Financial Management Implementation Specialist Education Associates Degree in Computer Repair & Applied Computer Science Bachelor of Business Administration (BBA) Computer/Information Technology Administration and Management Date of Hire 2012 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in numerous local and county implementations including Lake Forest, IL; Village of Kenilworth, IL; New Lenox, IL; Volusia County Clerk of Court, FL; Oconee County, GA; Traverse City, MI; Richmond, IN; Countryside, IL; Columbus, NE Prior Work Experience 2012-2018 BS&A Software – I.T. Support Technician Name Lauren Hirn Financial Management Implementation Specialist Education Bachelor’s of Science in Business Administration, majoring in Finance and minoring in Information Systems SAP Certified – Associate Business Foundation & Integration s/ SAP ERP 6.0 EHPS Date of Hire 2015 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in local and county implementations including Medley, FL; Basehor, KS; Salem, WI; Winfield, IL; Northbrook, IL; Ferndale, MI; Romulus, MI; Clay County Utility Authority, FL; Sullivan’s Island, SC; Warren, MI; South Milwaukee, WI; New Haven, IN Prior Work Experience 1/2015-4/2015 BS&A Software – Financial Management Support Intern Name Mary Reardon Financial Management Implementation Specialist Education Bachelor’s Degree in Finance Date of Hire 2007 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in local and county implementations including Clark County, OH; Montgomery Twp, PA; Covington, GA; Libertyville Village, IL; North Little Rock, AR; New Brighton, MN; Muskegon County, MI Prior Work Experience 2007-2011 1994-2007 BS&A Software – Support Specialist for the Financial Management Suite City of Ludington – Community Development Director 50 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Name Matt Seal Financial Management Implementation Specialist Education Bachelor’s Degree in Finance Date of Hire 2012 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in local, county and special districts implementations including Sterling Park District, IL; Greenfield, OH; Highland Park, MI; Clark County, OH; St. Charles Park District, IL Prior Work Experience 2006-2012 Illinois Medical Center – Financial Analyst Name Sarah Turkovich Financial Management Implementation Specialist Education Bachelor’s Degree in Accounting Date of Hire 2016 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in local and county implementations including Flint, MI; Stoughton, WI; Commerce, GA; Shoreview, MN; Champaign Park District, IL; Jupiter Island, FL; Alton IL Prior Work Experience 2014-2016 Auto-Owners Insurance Company – Accounts Payable Specialist and Company Credit Card Administrator Name Zack Kelly Financial Management Implementation Specialist Date of Hire 2018 Responsibilities Implementation, Training & Support of BS&A Software Financial Management Systems BS&A Project Experience Involved in numerous local and county implementations including Plymouth, Mn; Cape Canaveral, FL; Tucker, GA; Oconee County, GA; East Lansing, MI; Countryside, IL; Hayden, ID Prior Work Experience 2014-2018 Medler Electric – Inside Sales 51 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 BS&A’s Project Specific Roles BS&A Software will use the following roles during the project:  Project Management and Implementation Planning Director  Has overall accountability for the project and provides a point of escalation for the customer.  Account Manager  Escalate internal issues as needed.  Project Manager  Has day-to-day accountability for the project.  Scheduling and leading the Kick-Off Meeting  Manages and coordinates all activities and resources associated with the project.  Produces and maintains the project plan  Responsible for and leads the work associated with the development of the customer’s new processes  Leads the on-site process review  Hold regular conference calls with Organization project manager to review status and progress of project and to identify any outstanding issues  Manage Change Orders  Implementation Specialist  Responsible for and leads the work associated with the development of the customer’s new databases  Participates in the on-site process review  Develops best practices recommendations  Assist with forms analysis & creation  Assist with data conversion analysis  Assist with report analysis & creation  Development  Create custom integrations  Perform data conversion  Develop enhancements or bug fixes  Training Specialist  Participates in creation of the training plan  Responsible for and leads the cutover and delivery of the training  One lead training specialist will be identified to coordinate all training activities  IT  Assists with the extraction of test and production data from the customer’s existing applications.  Responsible for the installation of the BS&A applications on the customer’s production environment.  Subject Matter Experts  May assist as required, typically for Payroll, Utility Billing 52 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Note: there may be a number of people fulfilling each role. Organization’s Project Specific Roles We recommend the following roles for Organization employees for this Project  Project Champion  Escalate and resolve issues raised by project manager  Insure Organization-wide buy-in and support  Project Manager  Manage completion of project planning documents  Identify and communicate to BS&A project manager requirements for a successful implementation  Coordinate with BS&A project manager to develop and maintain implementation schedule which identifies specific milestones and establishes accountability  Schedule Organization resources for training: personnel, equipment and training rooms.  Identify additional employee training needs and update schedule  Ensure that employees accomplish tasks on time, including monitoring homework assignments  Review invoices and approve payment in accordance with the contract and associated milestones  Oversee project and monitor progress with BS&A project manager  Develop conversion specifications with BS&A  Coordinate analysis and proofing of conversion data  Subject Matter Experts ( one each for payroll, utilities, work order and financials)  Provide detailed policy/process information  Analyze potential policy/process changes  Subject matter experts on selected modules  Participate in knowledge transfer and analysis sessions 53 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020  Sign off on system design  Participate in form design  Participate in validation of conversion  Participate in testing and parallels  Assign department resources for training and internal project tasks  Complete workflow and security templates for all end users  Attend all training sessions or appoint an appropriate management level designee  Assess end user competency on trained topics  Assess policy compliance  Provide end users with dedicated time to complete required homework tasks  Act as supervisor/cheerleader for the ne w BS&A processes  Identify and communicate to Organization project manager any additional training needs or scheduling conflicts  Help document lessons learned at end of each phase and signoff on formal acceptance for phase close-out  IT Specialist  Assist with data extraction  Procure and install any required hardware  Add new users and printers  Perform basic server system maintenance  Ensure all users understand BS&A log-on process and have necessary permission for all training sessions  Ensure network and infrastructure is sound  End User  Attend Training as offered  Complete tasks as assigned  Practice skills learned within training before live processing date.  Communicate departmental needs as needed  Communicate any problems to project manager or subject manager expert  Demonstrate competency with BS&A applications processing prior to GO LIVE 54 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 7.0 System Testing and Acceptance Product Testing The converted data will go through a Quality Control test. BS&A will first review/test the data, and then pass it to the City for their review and critique. The recommended approach to the following types of testing is: 1) System Testing System Testing is the overall approach used to validate that an entire system satisfies the requirements, business, and operational objectives. 2) Integration Testing Integration testing is intended to verify operational requirements between major applications, sub -systems, or modules. Test cases should be constructed to test that all modules interact correctly. For example, Utility Billing should be able to submit a “check request” to the Accounts Payable application. An appropriate integration test would be to create a check request in Utility Billing and verify that the check request exists in Accounts Payable for use in generating a refund check. Likewise, an Integration Test should be defined for each of the “Integration and Interfaces” requirements identified in the application specifications spreadsheet. 3) Stress/Performance Testing Stress testing refers to tests intended to evaluate a system, module, or function under heavy load. The goal of these tests is to ensure the software will perform adequately under maximum loading conditions. BS&A recommends creating stress tests that will mimic maximum expected loading for critical functions. Similarly, Performance testing refers to the assessment of the performance of the system, module, or function from the perspective of the user. Performance testing is often done in conjunction with stress testing. 4) User Acceptance Testing (UAT) User Acceptance Testing is a process intended to confirm that a system meets mutually agreed-upon business requirements. User Acceptance Testing typically involves creating and running a set of standard tests on the completed or modified system. Each test case is designed to test a particular operating condition or set of functionality. The overall suite of test cases will represent the minimum set of business functions required for the system to be considered operational. Ideally, each test case should con tain input data, a description of the business activities to be performed, and a description of the expected results. UAT cases should be created in terms of user functionality and should be created before the system has been delivered. 55 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 8.0 Warranty and Post Implementation Support BS&A believes that providing superior support is the key to success. We have over 30 staff members dedicated to supporting our software, along with an additional 16 software developers and programmers to provide a higher level of assistance when needed. Many of our support staff are degreed accountants, including multiple CPAs. This exceptional level of understanding of the accounting process, combined with their expertise in our software, has enhanced the quality of our software support. Our technical support staff continuously receives outstanding evaluations from our current customer base! Annual Service Fees Unlimited service and support during your first year with the program are included in your purchase price. Thereafter, Service Fees are billed annually. After two (2) years, BS&A Software reserves the right to increase the Annual Service Fee by no more than the yearly Consumers Price Index (CPI). Telephone, Email, and Fax Support Our support staff is available Monday through Thursday, 8:30 a.m. – 6:00 p.m., and Friday from 8:30 a.m. – 5:00 p.m. (all times Eastern). The average response time is less than 15 minutes; 95% of our support requests are answered in under 30 minutes. We do not have a voicemail service; calls are queued and taken in the order received. Support via email, fax, or remote assistance is also available. Email support requests can be initiated directly from within any BS&A application. With your annual support agreement, there is no limit on the amount of times you contact us. If you require occasional support assistance outside the normal business hours, arrangements can be made. Toll-Free Support Line BS&A’s toll-free number is (855) BSA-SOFT. Support hours are Monday through Friday, 8:30 a.m. – 5:00 p.m. (all times Eastern). Sharing Desktops Our support consultants have the ability to connect with your workstation, so that we see exactly how you are encountering the problem. If needed, we can take over control of your desktop to walk you through a resolution. Likewise, we can use that tool to conduct webinars where we share our desktop with your users. __________________________________ Technical Support Highlights Why is BS&A better? We believe our Support staff is the backbone of our organization. They consistently get rave reviews from our customer satisfaction surveys. If we gain your business, you’ll enjoy world- class support services. We are focused on delivering unparalleled service, solutions, support, and satisfaction. You'll see this in our literature, but it's not just a marketing strategy; it's a mindset deeply embedded in our DNA. Our goal is to provide such remarkable customer service that our customers feel compelled to remark about it. We are extremely proud of the many long-term customer relationships we have built. We strongly believe that our success is directly correlated with putting the customer first and consistently choosing to listen to them. Delivering unparalleled customer service is the foundation of our company. Our company takes pride in the fact that customers can see their fingerprints throughout our software. They have provided us with many years of great ideas and suggestions. We truly value their feedback. Typically, our response to calls for support is immediate; however, on high call volume days it has taken about an hour. The average response time is less than 15 minutes. 56 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Onsite Support BS&A staff will be at your location during the implementation, training, and final Go-Live dates. Future onsite dates can be scheduled if needed. For example, if you want a representative onsite for training new staff, we can provide that. Additional onsite training or support is available for $1,000 /day, plus travel expenses. We can also provide web training for a reduced cost. User Groups Several User Group meetings are scheduled throughout the year. These meetings are complimentary, and held at our training facility in Bath, Michigan. Webinar participation is available for those customers unable to attend the User Group meetings in person. Videos of these meetings are available on our website shortly after they take place. Online Knowledgebase The Financial Management area of our website includes a plethora of information for online learning. There are hundreds of task-specific tutorials for many applications, and also videos of User Group meetings. The site is periodically updated by BS&A staff with current videos and new User Group sessions. We also provide a link from within each of our applications to query software maintenance and enh ancement cases. Escalation Options and Procedures Our customers are our number one priorty. Contacting your Project Manager is the preferred way to initiate the escalation process should a problem arise that you feel is not being given the appropriate att ention or priority. The PM is responsible for and has access to all resources available in providing a resolution. A solution in these circumstances may be a temporary one that gets you going again as soon as possible while a more permanent solution is identified. Software Releases The first version of BS&A Fund Accounting was released in 2001. The most current version is Financial Management .NET. Based on client requests, regular program updates are available for download on our website. The cost of these updates is included in the annual support and maintenance fee. Since the release of the .NET version, no major enhancements have been scheduled. Software Updates Our support platform includes software updates/enhancements for each application that are distributed to all current customers on at least a monthly basis, and are accompanied by an update log that details the changes/enhancements. Updates are distributed through the internet and saved to a directory on your server. In the case where a thin client technology is being used, this update must run (installed) once, but all users must be out of the program at that time. In the case of a standard client/server configuration, this process must run on each workstation, but it would not be required to have other users exit a program before updating. All updates are cumulative. There is no need to install each update in a sequential fashion in order to patch properly. In most cases, our customers do not develop local custom modifications, other than pulling/pushing information through ODBC connections. BS&A Software has, and will continue to be, committed to statutory and process compliance changes as deemed necessary at the Federal or State level. Timetables have historically been aggressive, and all users with paid support agreements receive periodic updates. Program changes are researched thoroughly and active communication is maintained with the appropriate State agencies. 57 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Software Customization On occasion, customers will ask for, and receive, custom modifications from BS&A directly, when there is a program feature that would be helpful to them, but may not benefit the majority of the customer base. By performing these customizations ourselves, BS&A is able to reduce or eliminate the amount of problems relating to local customizations, as well as provide these customizations at a price competitive to the costs to a municipality to employ a custom developer. 69 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 9.0 Upgrades Software Updates Our support platform includes software updates/enhancements for each application that are distributed to all current customers on at least a monthly basis, and are accompanied by an update log that details the changes/enhancements. Updates are distributed through the internet and saved to a directory on your server. In the case where a thin client technology is being used, this update must run (installed) once, but all users must be out of the program at that time. In the case of a standard client/server configuration, this process must run on each workstation, but it would not be required to have other users exit a program before updating. All updates are cumulative. There is no need to install each update in a sequential fashion in order to patch properly. In most cases, our customers do not develop local custom modifications, other than pulling/pushing information through ODBC connections. BS&A Software has, and will continue to be, committed to statutory and process compliance changes as deemed necessary at the Federal or State level. Timetab les have historically been aggressive, and all users with paid support agreements receive periodic updates. Program changes are researched thoroughly and active communication is maintained with the appropriate State agencies. 70 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 10.0 Pricing Cost Summary Application and Annual Service Fee prices based on an approximate population of 23,754 and 9,000 utility customers. Software is licensed for use only by municipality identified on the cover page. If used for additional entities or agencies, please contact BS&A for appropriate pricing. Prices listed are estimates based on information currently available. Applications Financial Management $18,000 Utility Billing .NET BS&A Online $3,500 Public Records Search + Online Bill Pay With use of integrated Credit Card Processor Subtotal $21,500 Data Conversions/Database Setup Convert existing Tyler Incode data to BS&A format: $15,235 Utility Billing Project Management and Implementation Planning Services include: - Analyzing customer processes to ensure all critical components are addressed. - Creating and managing the project schedule in accordance with the customer's existing processes and needs. - Planning and scheduling training around any planned process changes included in the project plan. - Modifying the project schedule as needed to accommodate any changes to the scope and requirements of the project that are discovered. - Providing a central contact between the customer’s project leaders, developers, trainers, IT staff, conv ersion staff, and other resources required throughout the transition period. - Installing the software and providing IT consultation for network, server, and workstation configuration and requirements. - Reviewing and addressing the specifications for needed customizations to meet customer needs (when applicable). $9,000 71 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Implementation and Training - $1,000/day - Days listed are estimates; you are billed for actual days used Services include: - Setting up users and user security rights for each application - Performing final process and procedure review - Configuring custom settings in each application to fit the needs of the customer - Setting up application integration and workflow methods - Onsite verification of converted data for balancing and auditing purposes - Training and Go-Live Software Setup Days: 1 $1,000 Financial Management Applications Days: 15 $15,000 User Acceptance Training Days: 4 $4,000 Total: 20 Subtotal $20,000 Post-Go Live Assistance - Review and consult on streamlining day-to-day activities as they relate to the processes within the BS&A applications - Assist customers with more detailed and advanced report options available within the BS&A applications - Revisit commonly-used procedures discussed during training - As needs arise, provide assistance with bank reconciliations - $1,000/day - Days quoted are estimates; you are billed for actual days used Post-Go Live for all applications for which training was performed Days: 3 $3,000 72 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Cost Totals Not including Annual Service Fees Applications $21,500 Data Conversions $15,235 Project Management and Implementation Planning $9,000 Implementation and Training $20,000 Post-Go Live Assistance $3,000 Total Estimated $68,735 Travel Expenses $13,970 Payment Schedule 1st Payment: $24,235 to be invoiced upon execution of this agreement. 2nd Payment: $21,500 to be invoiced at start of training. 3rd Payment: $36,970 to be invoiced upon completion of training. Annual Service Fees Unlimited service and support during your first year with the program are included in your purchase price. Thereafter, Service Fees are billed annually. BS&A Software reserves the right to increase the Annual Service Fee by no more than the yearly Consumers Price Index (CPI). Financial Management $3,600 Utility Billing .NET BS&A Online $2,500 Public Records Search Total Annual Service Fees $6,100 1 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Exhibit B SOFTWARE LICENSE AND SERVICES AGREEMENT This Software License and Services Agreement that includes attached S c h e d u l e s Exhibits (“License Agreement”) is between Bellefeuil, Szur & Associates, Inc. ("BS&A"), a Michigan corporation, and the City of Prior Lake City/Township of XXXXX (“Customer”), effective the date of the signature of the last Party to sign the License Agreement (“Effective Date”). Each party to the Agreement is referred to as a “Party” and the parties, collectively, are referred to as “Parties.” This License Agreement is subject to the terms of the Master Contract to which this License Agreement is attached and sets the terms and conditions under which BS&A will furnish certain licensed software and certain services described herein to Customer. SECTION A – SOFTWARE LICENSE 1. License Grant. 1.1. Upon the Effective Date, subject to the terms of this License Agreement and Customer’s ongoing compliance therewith, BS&A hereby grants to Customer a perpetual, non-exclusive, non- transferable, and non- assignable license to install and use the BS&A Software Products for Customer’s internal business purposes only (and not, for example, as a data center, reseller, or service bureau for third parties), only on servers owned by Customer and located at Customer’s facilities, and otherwise in accordance with this License Agreement. “BS&A Software Product(s)” means, the: (i) BS&A software products set forth in Exhibit A to the Master Contract Schedule 1 to Exhibit A; (ii) related interfaces and customizations; (iii) BS&A manuals, BS&A official specifications, and BS&A user guides provided in or with BS&A software products set forth in E x h i b i t A t o t h e M a s t e r C o n t r a c t Schedule 1 to Exhibit A (“Documentation”); and (iv) all modifications to the BS&A software products set forth in Exhibit A to the Master Cont ractSchedule 1 to Exhibit A, including, but not limited to, fixes, new versions, new releases, updates, upgrades, corrections, patches, work-arounds (collectively, “Modifications”). For the avoidance of doubt, Documentation does not include advertising, other general statements about products, or statements by sales or other staff members. Customer may make and keep (securely) one archival copy of each BS&A Software Product solely for use as backup. 1.2. Customer will not sublicense, modify, adapt, translate, or otherwise transfer, reverse compile, disassemble or otherwise reverse engineer BS&A Software Products or any portion thereof without prior written consent of the BS&A. Without limiting the foregoing, the BS&A Software Products may not be modified by anyone other than BS&A. If Customer modifies the BS&A Software Products without BS&A’s prior written consent, any BS&A obligation to provide support services on, and the warranty for, the BS&A Software Products will be void. All rights not expressly granted are reserved. 2. License Fees. Customer agrees to pay BS&A, and BS&A agrees to accept from Customer as payment in full for the license granted herein, the software fees set forth in Schedule 1 to Exhibit Athe Master Contract. 3. Limited Software Warranty. 3.1. BS&A warrants and represents for a period of one (1) year from completion of the installation of 2 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 BS&A Software Product that: (i) such BS&A Software Product will perform substantially in the same manner as official demonstration versions and in accordance with BS&A’s authorized online tutorials and videos that may have been made available as part of the sales and negotiation process leading up to this Agreement; and (ii) the BS&A Software Product shall conform to the Documentation and be free of material defects in workmanship and materials. Any claim under this Limited Software Warranty must be made within one (1) year from the installation of the applicable BS&A Software Product or within one (1) year of the discovery of the defect, whichever occurs later. Customer’s exclusive remedy in the event of a breach of this warranty shall be to have BS&A use reasonable efforts to repair or replace the non-conforming BS&A Software Product so as to render it conforming to the warranty, or in the event that is not possible to render it conforming with reasonable efforts, to receive a refund of the amount paid for the BS&A Software Product. 3.2. THE FOREGOING LIMITED SOFTWARE WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS OR WARRANTIES RELATING IN ANY WAY TO THE BS&A SOFTWARE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THEIR FEATURES, ATTRIBUTES, FUNCTIONALITY, AND PERFORMANCE. THE FOREGOING LIMITED SOFTWARE WARRANTY IS IN LIEU OF ALL SUCH REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE. BS&A DOES NOT REPRESENT OR WARRANT THAT THE BS&A SOFTWARE PRODUCTS WILL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT THE OPERATION OF THE BS&A SOFTWARE PRODUCTS WILL OPERATE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL PROGRAMMING ERRORS IN THE BS&A SOFTWARE PRODUCT(S) CAN BE FOUND IN ORDER TO BE CORRECTED. 4. Ownership of BS&A Software Products/Proprietary Information. 4.1. BS&A shall retain ownership of, including all intellectual property rights in and to, the BS&A Software Products. Customer agrees not to challenge such rights and hereby assigns any and all copyrights and other intellectual property rights in and to the BS&A Software Products to BS&A and agrees to execute any and all documents necessary to effect the purposes of this paragraph. “Intellectual property rights” means all trademarks, copyrights, patents, trade secrets, moral rights, know-how, and all other proprietary rights. SECTION B – PROFESSIONAL SERVICES 5. Professional Services. Governed by the Master Contract. BS&A shall provide the services (“Professional Services”) set forth in Schedule 2 to Exhibit A and Exhibit D (Statement of Work), for the prices indicated, provided Customer fulfills its obligations set forth in this Agreement. The Parties may enter into future Statements of Work, which shall become part of this Agreement. 6. Change Orders. Governed by the Master Contract.If Customer requires the performance of professional services not covered by the existing Agreement, or requires a change to the existing Professional 3 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Services, Customer shall deliver to BS&A’s Project Manager a written change order and specify in such change order the proposed work with sufficient detail to enable BS&A to evaluate it (“Change Order”). BS&A may, at its discretion, prescribe the format of the Change Order. BS&A shall provide the Customer with an evaluation of the Change Order, which may include a written proposal containing the following: (i) implementation plans; (ii) the timeframe for performance; and (iii) the estimated price for such performance. Upon execution, all Change Orders shall be governed by the terms and conditions of this Agreement, unless mutually agreed upon otherwise in writing. Customer acknowledges that such Change Orders may affect the implementation schedule and Go-Live Dates. 7. License and Ownership. 7.1. All rights, including all intellectual property rights, in and to work product delivered as a result of Professional Services under this License Agreement shall be owned by BS&A. For the avoidance of doubt, work product that constitutes a BS&A Software Product or portion thereof shall be governed by Section A including Section 1.1 thereof. 7.2. Subject to Section 7.1 and Customer’s compliance with this License Agreement (including payment in full), BS&A grants to Customer a perpetual, non-exclusive, non-transferable, and non-assignable license to use the work product and the intellectual property rights therein for Customer’s internal business purposes only. 8. Cancellation. Governed by the Master Contract.In the event Customer cancels or reschedules Professional Services, and without prejudice to BS&A’s other rights and remedies, Customer is liable to BS&A for: (i) all expenses incurred by BS&A on Customer’s behalf; and (ii) daily fees associated with the canceled Professional Services (in accordance with the daily fee rate), if less than thirty (30) days advance notice is given regarding the need to cancel or reschedule and BS&A cannot reasonably reassign its affected human resources to other projects where comparable skills are required. 9. Limited Professional Services Warranty. Governed by the Master Contract. 9.1. BS&A warrants that its Professional Services will be performed in a professional and workmanlike manner, materially in accordance with the Statement of Work attached as Exhibit D. In the event of a breach of the foregoing warranty and a claim in accordance with the next sentence, BS&A’s sole obligation and Customer’s exclusive remedy with respect to such claim will be to have BS&A re- perform the portion of the Professional Services with respect to which the warranty has been breached, to bring it into compliance with such warranty. Any claim for breach of the foregoing warranty must be made by notice to BS&A within thirty (30) days of performance of the portion of the Professional Services with respect to which the claim is made, or said claim shall be deemed waived. 9.2. THE FOREGOING LIMITED PROFESSIONAL SERVICES WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS OR WARRANTIES RELATING TO THE PROFESSIONAL SERVICES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM THE COURSE OF DEALING OR USAGE 4 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 OF TRADE. SECTION C – MAINTENANCE AND SUPPORT 10. Maintenance and Support Generally. 10.1. For a one-year period, commencing on the completion of the installation of the BS&A Software Products, and subject to Customer’s compliance with the Agreement, BS&A will provide, at no charge to Customer, “Maintenance and Support,” meaning the following: (i) Modifications (such as patches, corrections, and updates) as are generally provided at no additional charge (beyond the cost of annual Maintenance and Support) by BS&A to BS&A customers; and (ii) technical support, as further described in Section 11, during BS&A’s normal business hours. 10.2. Commencing one (1) year from the completion of the installation of the BS&A Software Products, Maintenance and Support will be provided on an annual basis, subject to compliance with the terms of the Agreement and payment of the annual Maintenance and Support fees outlined in Schedule 1. Exhibit B. Maintenance and Support will be renewed annually unless either Party notifies the other at least sixty (60) days prior to the anniversary of installation of its intent to terminate. 10.3. BS&A guarantees that the Maintenance and Support annual fee set forth in Schedule 1 Exhibit B will not change for two (2) years from the date of the completion of the installation of the BS&A Software Products. After that date, BS&A reserves the right each year to increase the fee over the previous year with 90 days notice to Customer by no more than an amount that is proportionate to the increase (measured from the beginning of such previous year) in the Consumer Price Index as set forth by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index – All Urban Consumers – U.S. City Average (the “Annual Renewal Fee”). 11. Support. 11.1. With respect to Errors following expiration of the Limited Software Warranty, BS&A’s sole obligation and Customer’s sole remedy are set forth in this section 11. Subject to Customer’s compliance with the terms of the License Agreement and purchase of Maintenance and Support, BS&A shall use commercially reasonable efforts, commensurate with the severity level, to achieve its support response and resolution targets with respect to Errors as set forth in Sched u le 2 Exhibit C. An “Error” means a verifiable and reproducible failure of a BS&A Software Product to operate in accordance with the Documentation) under conditions of normal use and where the Error is directly attributable to the BS&A Software Product as updated with current Modifications. If the customer modifies the BS&A Software Products without BS&A’s written consent, BS&A’s obligation to provide support services on the BS&A Software Products will be void. 11.2. Support does not include the following: (i) installation or implementation of the BS&A Software Products; (ii) onsite training/support, remote training, application design, and other consulting services; (iii) support of an operating system, hardware, or support outside of BS&A’s normal business hours; (iv) support or support time due to a cause external to the BS&A Software Products adversely affecting their operability or serviceability, which shall include but not be limited to water, fire, wind, 5 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 lightning, other natural calamities, transportation, misuse, abuse, or neglect; (v) repair of the BS&A Software Products modified in any way other than modifications made by BS&A or its agents; (vi) support of any other third-party vendors’ software, such as operating system software, network software, database managers, word processors, etc.; and (vii) support of the BS&A Software Products that have not incorporated current Modifications. All such excluded Maintenance and Support Services performed by BS&A at Customer’s request shall be invoiced to Customer on a time and materials basis, plus reasonable expenses associated therewith. 11.3. Notwithstanding anything to the contrary, in order to maintain the integrity and proper operation of the Software, Customer agrees to use commercially reasonable efforts to implement, in the manner instructed by BS&A, all Modifications in a timely manner. Customer’s failure to implement any Modifications may limit or restrict the ability of Customer to implement future Modifications. Customer shall provide prompt notice of any Errors discovered by Customer, or otherwise brought to the attention of Customer. Proper notice may include, without limitation, prompt telephonic and written (either via e-mail or postal mail) notice to BS&A of any purported Error. If requested by BS&A, Customer agrees to provide written documentation of Errors to substantiate those Errors and to otherwise assist BS&A in the detection and correction of said Errors. BS&A will use its commercial reasonable judgment to determine if an Error exists. 11.4. Customer acknowledges and agrees that BS&A and product vendors may require online access to the BS&A system in order for BS&A to provide Maintenance and Support Services hereunder. Accordingly, Customer shall provide a connection to the Internet to facilitate BS&A’s remote access to BS&A’s system. BS&A shall provide remote connection software, which may require installation of a software component on a workstation or server computer. SECTION D – GENERAL TERMS AND CONDITIONS 12. Customer Assistance. Customer acknowledges that the implementation of the BS&A Software Products is a cooperative process requiring time and resources of Customer personnel. Customer shall, and shall cause Customer personnel to, use all reasonable efforts to cooperate with and assist BS&A as may be reasonably required to meet the project deadlines and other milestones agreed to by the Parties for implementation. BS&A shall not be liable for failure to meet such deadlines and milestones when such failure is due to force majeure (as defined in Paragraph 27. below) or to the failure by Customer personnel to provide such cooperation and assistance (either through action or omission). 13. BS&A Proprietary Information. 13.1. Customer acknowledges that the information associated with or contained in the BS&A Software Products and information used in the performance of Professional Services include trade secrets and other confidential and proprietary information of BS&A (the “Proprietary Information”). 13.2. The Customer shall maintain in confidence and not disclose Proprietary Information, directly or indirectly, to any third party without BS&A’s prior written consent. Customer shall safeguard the Proprietary Information to the same extent that it safeguards its own most confidential materials or 6 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 data, but in no event shall the standard implemented be less than industry standard. Proprietary Information shall be used by Customer solely to fulfill its obligations under this Agreement. Customer shall limit its dissemination of such Proprietary Information to employees within the Customer’s business organization who are directly involved with the performance of this Agreement and have a need to use such Proprietary Information. Customer shall be responsible for all disclosures by any person receiving Proprietary Information, by or through it, as if Customer itself disseminated such information. 13.3. Proprietary Information shall not include any information that: (a) is or becomes publicly known through no wrongful act or breach of any obligation of confidentiality by Customer; (b) was lawfully known to Customer prior to the time it was disclosed to or learned by Customer in connection with this Agreement, provided that such information is not known to Customer solely because of its prior business relationship with BS&A; (c) was received by Customer from a third party that is not under an obligation of confidentiality to BS&A; or (d) is independently developed by Customer for a party other than BS&A without the use of any Proprietary Information. The following circumstances shall not cause Proprietary Information to fall within any of exceptions (a) through (d) above: (i) a portion of such Proprietary Information is embraced by more general information said to be in the public domain or previously known to, or subsequently disclosed to, the Customer; or (ii) it is a combination derivable from separate sources of public information, none of which discloses the combination itself. 13.4. If Customer is required, or anticipates that it will be required, to disclose any ProprietaryConfidential Information pursuant to a court order or to a government authority, Customer shall, at its earliest opportunity, provide written notice to BS&A so as to give BS&A a reasonable opportunity to secure a protective order or take other actions as appropriate. Customer shall, at all times, cooperate with BS&A so as to minimize any disclosure to the extent allowed by applicable law. 13.4.13.5. The Master Contract and this License Agreement, including this Section 13, are subject to the MN Data Practices Act as further described in paragraph 22 of the Master Contract. 14. Limitation on Liability and Damages. BS&A’S ENTIRE LIABILITY AND RESPONSIBILITY FOR ANY AND ALL CLAIMS, DAMAGES, OR LOSSES ARISING FROM THE BS&A SOFTWARE PRODUCTS (INCLUDING BUT NOT LIMITED TO THEIR USE, OPERATION, AND/OR FAILURE TO OPERATE), PROFESSIONAL SERVICES, MAINTENANCE AND SUPPORT, ANY THIRD-PARTY PERFORMANCE OR LACK THEREOF, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT, SHALL BE ABSOLUTELY LIMITED TO DIRECT DAMAGES NOT IN EXCESS OF THE PURCHASE PRICE OF BS&A SOFTWARE PRODUCTS PLUS, TO THE EXTENT APPLICABLE, THE PURCHASE PRICE OF ANY PROFESSIONAL SERVICE SET FORTH IN THIS AGREEMENT THAT GIVES RISE TO THE CLAIM. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN, BS&A SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR CONTINGENT DAMAGES OR EXPENSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS AGREEMENT, BS&A SOFTWARE PRODUCTS, ANY THIRD- PARTY PERFORMANCE, OR LACK THEREOF, OR BS&A’S PERFORMANCE, OR LACK THEREOF, UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOSS OF REVENUE, PROFIT, OR USE. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE LIMITATIONS SET FORTH HEREIN, THE LIABILITY AND DAMAGES SHALL BE LIMITED AND RESTRICTED TO THE EXTENT PERMITTED 7 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 BY LAW. 15. Customer is solely responsible for its data, its database, and for maintaining suitable back-ups of the data and database to prevent data loss in the event of any hardware or software malfunction. Customer covenants and agrees to undertake all necessary measures to protect and secure its data, including implementation of technical, administrative and physical protections. BS&A SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DATA LOSS REGARDLESS OF THE REASONS FOR SAID LOSS. To the maximum extent authorized by law, Customer agrees to defend, indemnify and hold BS&A harmless for any claim by any person or entity arising out of any loss or compromise of data or data security or arising out of Customer’s breach of this License Agreement. 16. Additional Disclaimer. SUPPLIER PROVIDES NO WARRANTY FOR ANY THIRD-PARTY SOFTWARE AND/OR HARDWARE. EXCEPT AS SET FORTH IN THIS LICENSE AGREEMENT, SUPPLER WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE, THIRD-PARTY SERVICES AND/OR HARDWARE. 17. Indemnification for Intellectual Property Infringement. If a claim is made or an action is brought alleging that a BS&A Software Product infringes on a U.S. patent, or any copyright, trademark, trade secret or other proprietary right, BS&A will defend Customer against such claim and will pay resulting costs and damages finally awarded, provided that: (a) Customer promptly notifies BS&A in writing of the claim; (b) BS&A has sole control of the defense and all related settlement negotiations; (c) Customer reasonably cooperates in such defense at no expense to BS&A’s expense; and (d) Customer remains in compliance with the Agreement and has continued to purchase Maintenance and Support Services. The obligations of BS&A under this Section are conditioned on Customer’s agreement that if the applicable BS&A Software Product, in whole or in part, or the use or operation thereof, becomes, or in the opinion of BS&A is likely to become, the subject of such a claim, BS&A may at its expense either procure the right for Customer to continue using the BS&A Software Product or, at the option of BS&A, replace or modify the same so that it becomes non-infringing (provided such replacement or modification maintains the same material functionality and does not adversely affect Customer’s use of the Update as contemplated hereunder). 18. No Intended Third-Party Beneficiaries. This License Agreement is entered into solely for the benefit of BS&A and Customer. No third party will be deemed a beneficiary of this License Agreement, and no third party will have the right to make any claim or assert any right under this License Agreement. 19. Bridge Agreement. With approval from BS&A, similarly situated local government entities may use this contract as a bridge or piggyback agreement, at any point during the life of contract, for the purchase of similar software and services. BS&A reserves the right to refuse the use of this contract as a bridge contract for any reason, including, but not limited to; differences in size or scope of the agreement, changes in price structure, or market based differences. Any purchases made by other government entities shall be understood to be transactions between that entity and BS&A; Customer shall not be responsible for any such purchases.INTENTIONALLY DELETED. 20. Termination. Without prejudice to other rights and remedies, and except as otherwise provided in this Agreement, either Party may terminate this Agreement for the other Party’s material breach upon failure to cure such breach after thirty (30) days’ written notice identifying with specificity the nature of the breach. 8 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Upon termination of this Agreement: (a) Customer shall promptly pay all amounts payable to BS&A for Services rendered up to the date of termination; and (b) Customer shall return or destroy, at the direction of BS&A, BS&A’s Proprietary Information in its possession. The termination of this License Agreement pursuant to the Master Contract will not discharge or otherwise affect any pre- termination obligations of either Party existing under this License Agreement at the time of termination. Sections 1.2, 4.1, 7.1, 13 through 16, 18, 20 through 29, and the provisions of this Li cense Agreement, which by their nature extend beyond the termination of this Agreement, will survive termination of the License Agreement. No action arising out of this Agreement, regardless of the form of action, may be brought by Customer more than one (1) year after the date the action occurred. 21. Payment Terms. Customer shall pay BS&A for all amounts in accordance with the Master Contract and Schedule 1. is Agreement and Exhibit A. 22. Governing Law and Venue. Governed by Master Contract. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Michigan, without regard to its choice of law rules. BS&A and the Customer agree that the exclusive venue for any legal or equitable action shall be the Courts of the County of Clinton, State of Michigan, or in any court of the United States of America lying in the Western District of Michigan. 23. Entire Agreement. Governed by Master Contract This Agreement represents the entire agreement of Customer and BS&A with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Customer hereby acknowledges that in entering into this Agreement, it did not rely on any information not explicitly set forth in this Agreement. 24. Export. Customer will comply with all applicable laws, including applicable export control laws that prohibit export or diversion of certain products and technology to certain countries or individuals, including foreign nationals in the United States. Customer undertakes to determine any export licensing requirements and to comply with such obligations. The BS&A Software Products are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 “Commercial Computer Software-Restricted Rights” and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation,” as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display, or disclosure of BS&A’s Software Products by the U.S. Government shall be solely in accordance with the terms of this Agreement. 25. Severability. Governed by Master Contract If any term or provision of this Agreement, or the application thereof, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is held invalid or unenforceable, will not be affected thereby, and each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. 26. Successors and Assigns. Governed by Master Contract This Agreement shall be binding upon the successors, permitted assigns, representatives, and heirs of the Parties hereto. For avoidance of doubt, any expanded use by Customer of the Program, for example, in the event of annexation or desired shared services, shall require the consent of BS&A. 9 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 27. Force Majeure. “Force Majeure” is defined as an event beyond the reasonable control of a Party, including governmental action, war, riot or civil commotion, fire, natural disaster, problematic weather, lack of availability of Customer provided technology, labor disputes, restraints affecting shipping or credit, delay of carriers or any other cause that could not, with reasonable diligence, be foreseen, controlled or prevented by the Party. Neither Party shall be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure. 28. Notice. Governed by Master Contract All notices, requests, demands, and determinations under the Agreement (other than routine operational communications), shall be in writing and shall be deemed duly given: (i) when delivered by hand; 29. (ii) one (1) business day after being given to a nationally recognized overnight delivery service for next- business-day delivery, all fees prepaid; (iii) when sent by confirmed facsimile with a copy sent by another means specified in this provision; or (iv) six (6) calendar days after the day of mailing, when mailed by United States mail, via registered or certified mail, return receipt requested, postage prepaid, and in each case addressed as shall be set forth below. A Party may from time-to-time change its address or designee for notification purposes by giving the other prior written notice of the new address or designee and the date upon which it will become effective. If to BS&A: BS&A Software 14965 Abbey Lane Bath, MI 48808 Attn: Contracts Manager Telephone: 517-641-8900 If to Customer: Telephone No.: 30.28. Independent Contractor. Governed by Master Contract This is not an agreement of partnership or employment of BS&A or any of BS&A’s employees by Customer. BS&A is an independent contractor for all purposes under this Agreement. 31. The text of the Agreement without any Exhibits and Schedules shall control over any inconsistent text in any of the Exhibits or Schedules. 32. Contract Documents and Order of Precedence. The text of the Agreement without any Exhibits and Schedules shall control over any inconsistent text in any of the Exhibits or Schedules. This Agreement includes the following Exhibits and Schedules: 10 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Exhibit A – Payment Terms Generally Schedule 1 to Exhibit A - License/Interface/Customization Fees Schedule 2 to Exhibit A – Professional Services Fees Exhibit B – Maintenance and Support Fees Exhibit C – Support Call Process Exhibit D – Statement of Work IN WITNESS THEREOF, the Parties hereto have executed this Agreement as of the dates set forth below. BS&A SOFTWARE, INC. CUSTOMER By: Name: Title: Date: By: Name: Title: Date: 11 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Schedule 1EXHIBIT A Payment Terms 1. Customer shall pay BS&A within thirty-five (305) days of invoice. Payments not received within fifteen (15) days of the due date shall be subject to a one and one-half percent (1.5%) per month interest charge (or, if lower, the highest amount chargeable at law) assessed against the unpaid balance from the date due until the date payment is received. 2. Any amount not subject to good faith dispute and not paid within fifteen (15) days of the due date of each invoice shall, without prejudice to other rights and remedies, be subject to an interest charge equal to the lesser of 1.5% monthly or the maximum interest charge permissible under applicable law, payable on demand. Any charges not disputed by Customer in good faith will be deemed approved and accepted by Customer. For purposes of this Agreement, a good faith dispute regarding amounts owed exists only if Customer provides in writing at least ten (10) days prior to due date of payment on the invoice, notification of such dispute, the specific portion of the invoice in dispute, and the specific grounds of the dispute (which must be asserted in good faith), and Customer pays in timely fashion such portions that are not subject to such dispute. 3. BS&A shall invoice Customer for the software license, data conversion, project management and implementation planning, implementation and training, post -go live assistance and related costs as set forth in the Master Contract . 3.4. BS&A shall invoice Customer annually for ongoing support and service beginning the year after completion of implementation and initial training. The first year ’s annual support and service fee, including Utility Billing .NET and Public Records Search shall be in the amount of $6,100 as detailed in Exhibi t A to the Master Contract. $XXXX upon Effective Date for BS&A’s Project Management/Implementation Planning Fees and Data Conversion fees as set forth in Schedule 2. 4. BS&A shall invoice Customer $XXXX at start of On-Site Implementation and Training. Such amount equals BS&A’s software license fees as set forth in Schedule 1. 5. BS&A shall invoice Customer $XXXX at completion of On-Site Implementation and Training. Such amount equals On-Site Implementation and Training costs, Customization and Interface costs, and travel expenses, as set forth in Schedule 2. 6.5. Customer shall be responsible for all taxes (including sales taxes) imposed as a result of any transaction associated with this Agreement, exclusive of taxes on BS&A’s net income. Schedule 1 to Exhibit A License Fees Schedule 2 to Exhibit A Professional Services Fees EXHIBIT B 12 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Maintenance and Support Fees 13 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 Schedule 2EXHIBIT C Support Call Process BS&A’s standard hours for support are from 8:30 a.m. to 6:00 p.m. (EST), Monday through Thursday, and 8:30 a.m. to 5:00 p.m. (EST) on Friday, excluding holidays. You can lodge a support request in three ways: (i) Contact Customer Support option located within the Help menu of all of our applications (ii) our toll-free support line (1-855-BSA-SOFT) or (iii) via email. BS&A targets less than thirty (30) minutes for initial response (“Initial Response Target”). Customer service requests fall into four main categories: A. Technical. Questions or usage issues relating to I.T. functionality, future hardware purchases, and configuration. BS&A tries to resolve these issues within BS&A’s Initial Response Target or as soon thereafter as reasonably possible. B. Questions/Support. General questions regarding functionality, use, and setup of the applications. BS&A tries to resolve these issues within BS&A’s Initial Response Target or as soon thereafter as reasonably possible. C. Requests. Customer requests for future enhancements to the applications. Key product management personnel meet with development staff on a regular basis to discuss the desirability and priority of such requests. BS&A tries to resolve these issues within BS&A’s Initial Response Target or as soon thereafter as reasonably possible. D. Issues/Bugs. Errors fall into three (3) subcategories: i. Critical. Cases where an Error has rendered the application or a material component unusable or not usable without substantial inconvenience, causing material and detrimental consequences to business -- with no viable Customer workaround or alternative. The targeted resolution time for critical issues is within one (1) day. ii. Moderate. Cases where an Error causes inconvenience and added burden, but the application is still usable by Customer. The targeted resolution time for all moderate issues is within two (2) weeks, which is within our standard update cycle. iii. Minimal. Cases that are mostly cosmetic in nature, and do not impede functionality in any significant way. These issues are assigned a priority level at our regular meetings, and resolution times are based on the specified priority. Remote Support Process Some support calls may require further analysis of Customer’s database or setup to diagnose a problem or to assist Customer with a question. BS&A’s remote support tools share Customer’s desktop via the Internet to provide Customer with virtual on-site support. BS&A’s support team is able to quickly connect remotely to Customer’s desktop and view its setup, diagnose problems, or assist Customer with screen navigation. EXHIBIT D Sample Statement of Work 14 City of Prior Lake, MN Utility Billing Software RFQ January 10, 2020 5j utility billing software contract draft exhibit c - source code escrow P a g e | 1 Exhibit C Source Code Escrow Agreement for BS&A Software Programs Software Products of Bellefeuil, Szur, & Associates, Inc. This Escrow Agreement is entered into and effective as of the _____ day of ________ by and among Licensee having its principal place of business in Minnesota and Licensor, having its principal place of business in Michigan and IT Right, ("the Independent third party Escrow Agent"), having its principal place of business in Michigan. WHEREAS, Licensor has granted a license to Licensee to use certain computer software pursuant to the terms and conditions of a Computer Software License Agreement (the "License Agreement"), and WHEREAS, the uninterrupted availability of all forms of such computer software is critical to Licensee in the conduct of its business; and WHEREAS, Licensor has agreed to deposit in escrow a copy of the source code form of the computer program (the "Software") included in the Software System covered by the License Agreement, as well as any corrections or enhancements to such source code, to be held by Escrow Agent in accordance with the terms and conditions of this Escrow Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Deposit Licensor has concurrently herewith deposited with Escrow Agent a copy of the source code form of the Software (the "Source Code"), including all relevant commentary, explanations, and other documentation of the Source Code (collectively, "Commentary"). Licensor also agrees to deposit with Escrow Agent, at such times as they are made, a copy of all revisions to the Source Code or Commentary encompassing all corrections or enhancements made to the Software by Licensor pursuant to the License Agreement or any Software Maintenance Contract between the parties. 2. Term This Escrow Agreement shall remain in effect during the term of the License Agreement and any Software Maintenance Contract between Licensee and Licensor. Termination hereof is automatic upon delivery of the deposited Source Code and Commentary to Licensee in accordance with the provisions hereof. 3. Default A default by Licensor shall be deemed to have occurred under this Escrow Agreement upon the occurrence of any of the following: (a) if Licensor has availed itself of, or been subjected to by any third party, a proceeding in bankruptcy in which Licensor is the named debtor, an assignment by Licensor for the benefit of its creditors, the appointment of a receiver for Licensor, or any other proceeding involving insolvency or the protection of, or from, creditors, and same has not been discharged or terminated without any prejudice to Licensee's rights or interests under the License Agreement within thirty (30) days; or (b) if Licensor has ceased its on-going business operations, or sale, licensing, maintenance or other support of the Software; or 5j utility billing software contract draft exhibit c - source code escrow P a g e | 2 (c) if Licensor fails to pay the annual fee, if any, due to Escrow Agent hereunder; or (d) if any other event or circumstance occurs which demonstrates with reasonable certainty the inability or unwillingness of Licensor to fulfill its obligations to Licensee under the License Agreement, this Escrow Agreement or any Software Maintenance Contract between the parties, including, without limitation, the correction of defects in the Software. 4. Notice of Default Licensee shall give written notice to Escrow Agent and Licensor of the occurrence of a default hereunder, except that Escrow Agent shall give notice of the default to Licensee and Licensor if same is based on the failure of Licensor to pay Escrow Agent's annual fee, if any. Unless within seven (7) days thereafter Licensor fil es with the Escrow Agent its affidavit executed by a responsible executive officer stating that no such default has occurred or that the default has been cured, then the Escrow Agent shall upon the eighth (8th) day deliver to Licensee in accordance with Licensee's instructions the entire Source Code and Commentary with respect to the Software then being held by Escrow Agent. 5. Compensation As compensation for the services to be performed by Escrow Agent hereunder, Licensor shall pay to Escrow Agent an initial fee of $ 0__, payable at the time of execution of this Agreement, and an annual fee in the amount of $_500_, to be paid to Escrow Agent in advance on each anniversary date hereafter during the term of this Agreement. 6. Liability Escrow Agent shall not, by reason of its execution of its Agreement, assume any responsibility or liability for any transaction between Licensor and Licensee, other than the performance of its obligations, as Escrow Agent, with respect to the Source Code and Commentary held by it in accordance with this Agreement. 7. Confidentiality Except as provided in this Agreement, Escrow Agent agrees that it shall not divulge or disclose or otherwise make available to any third person whatsoever, or make any use whatsoever, of the Source Code or Commentary, without the express prior written consent of Licensor. 8. Address All notices or other communications required or contemplated herein shall be in writing, sent by certified mail, return receipt requested, addressed to another party at the address indicated below or as same may be changed from time to time by notice similarly given: If to Licensor: _____BS&A Software, 14965 Abbey Lane, Bath MI 48808 _______________ Attention: ________Dan J. Burns, CPA, Account Executive _________________________ If to Licensee: _____City of Prior Lake, Scott County MN___________________________ Attention: _______Cathy Erickson, Finance Director _____________________________ If to Escrow Agent: _IT Right, 13937 Webster Rd, Bath MI 48808 ____________________ Attention: ________Dan Eggleston, President___________________________________ 5j utility billing software contract draft exhibit c - source code escrow P a g e | 3 9. Assignment Neither this Escrow Agreement, nor any rights, liabilities nor obligations hereunder may be assigned by Escrow Agent without the prior written consent of Licensee and Licensor. Refer to Master Agreement for signature acceptance.