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HomeMy WebLinkAboutItem 06.dApril 29, 2014 MODUS ELECTIONS MANAGER SOFTWARE Proposed Action Item No. Staff recommends adoption of the following motion: Approve Agreement for Software Services with InTech Software Solutions, Inc. Passage of this motion allows for the installation of Modus Elections Manager software for election administration. Overview The Modus Elections Manager software provides a centralized repository for all election data. It is able to manage polling place agreements and facilitates judge assignments, communication and training. It keeps a chain of custody for election equipment and delivery and provides a wide range of reporting capabilities. It is designed to save significant time and money in the tasks that are necessary to coordinate an election. Existing election data will be imported, utilizing InTech Software Solutions, Inc. Once the data is imported, all users will have access to the system. InTech will ensure that data is secured and will have appropriate backup and recovery procedures in place. The cost for the software license is calculated based on the City's population. Primary Issues to Consider • What are the benefits to having a single unified database for elections? • Can the City recover the imported data if it chooses to terminate the agreement? Supporting Information • Agreement, Proposal and Software License Payment Schedule Charlene Friedges, City Cle Financial Impact: $9,600 Budgeted: Yes Source: City Clerk/Elections Related Documents (CIP, ERP, etc.): Notes: 2014- additional one-time data import service fee of $2,500 Council Report Page 2 Analysis of Primary Issues: Succession planning in the area of election management is vital for a city the size of Lakeville. Election data currently exists in various formats at the desks of the City Clerk and Deputy Clerk. Managing election information in a single unified database provides a business knowledge tool for succession planning and emergency situations. Upon expiration or termination of the agreement, InTech will make all City data available to the City. Agreement for Software Services THIS AGREEMENT ("Agreement") is entered into as of May 5, 2014 ("Effective Date"), between InTech Software Solutions Inc., with an office at 12240 51St Avenue North, Plymouth, MN, 55442 ('InTech"), and the City of Lakeville, a government entity with its principal office located at 20195 Holyoke Ave, Lakeville, MN 55044 ("City"). 1. The Service. InTech has developed an online service known as Modus Elections Manager which allows governmental entities to help better manage elections ("Modus"). The City wishes to use Modus to manage elections. The Parties have agreed upon the details of the Modus service, the details of which are found in Exhibit B (the "Proposal'). 2. Term. The term of this Agreement begin on the Effective Date and continue for 1 year ("Term"). At the end of the Term, this Agreement will renew on a year to year basis unless either party notifies the other of its intention not to renew thirty (30) days prior to the renewal of the Agreement. Upon expiration or termination of this Agreement, InTech will make the City Data available to City, and City will no longer have access to Modus. 3. Fees. Within thirty days of invoice, City will pay to InTech the fees for use of Modus as stated in Appendix B. The fees do not include any taxes, whether federal, state, local or otherwise. 4. Subscription. During the Term, InTech grants to City the nontransferable and nonexclusive right to use Modus in managing its elections. Only permanent or temporary employees of City may use Modus. Each user must have a user ID, which consists of a valid email address. 5. Technology. City understands that Modus requires Internet access, which is the responsibility of City to provide. InTech plans to make upgrades to Modus over time. InTech will notify City of any important changes to Modus and design such changes to permit continued use of Modus by the City. 6. Support and Security. InTech will provide support, set-up and training so that City can use Modus, including relevant documentation and specifications. InTech will use commercially reasonable security technologies (such as encryption, password protection and firewall protection). InTech cannot promise that such security technologies will be able to prevent all third party disruptions or interception of any data. 7. Back -Up. InTech is responsible for performing and storing backups of City Data on a regular basis. In the event City requires restoration of any back-up of its data other than due to the fault of InTech, City may be charged on a time -and -material basis for such restoration. 8. Use of Data. City grants to InTech the right to use any data provided or inputted by City into Modus ("City Data") as is necessary for InTech to perform under this Agreement. With respect to the City Data InTech specifically agrees to abide by Minnesota Data Practices Act (Chapter 13) and 1 of 4 will keep City Data covered by the Act confidential. Other than such use, InTech acquires no rights to City Data, including any intellectual property rights. 9. Warranty, Indemnity and Damages. InTech warrants that Modus will perform as outlined in Exhibits A and B. There are no other warranties. InTech agrees to indemnify City against all claims brought by any third party against City related to Modus or alleging that InTech violated this Agreement. Under no circumstances will either party be liable to the other party for punitive damages. 10. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Minnesota. 11. Compliance with Laws. InTech will follow all applicable local, state and governmental laws. 12. Force Majeure. If either party is unable to perform under this Agreement due to circumstances beyond its reasonable control, including without limitation natural disaster, act of War, terrorism, or other similar cause, then such non-performance shall not be a violation of this Agreement, but the time for performance shall be extended for a period equal to the duration of the conditions preventing performance. 13. Complete Agreement and Conflicts. This Agreement constitutes the complete and exclusive agreement between InTech and City, and all previous discussions and writings shall have no force or effect. This Agreement may only be modified in a written agreement by the parties. City of Lakeville, Minnesota InTech Software Solutions Inc. DATE: ]'E DATE: Title: Mayor Title: DATE: W Title: City Clerk 2of4 Exhibit A — InTech Support Support Options: InTech Software Solutions, Inc will provide several options for support, as follows: Phone Support: Phone support is available and will be provided during normal business hours (9:00am — 5:00pm CST) to City. In the 7 days prior to and including the day of any state-wide election, support will be expanded to include the hours between 7:00am and midnight. Email Support: Users may also seek support via email at: support@moduselections.com. This email will be monitored by support staff during normal business hours, as defined above. Online Forum: This software forum will be available to Modus users on a 24/7 basis. It will give users the opportunity to share knowledge and provide answers to one another. In addition, the forum will be monitored and updated by InTech support staff. This site will include online documentation, a knowledge base, and a forum where the user community may submit questions and/or participate in resolving questions posted by other users. Issue Response: InTech will make it a priority to respond to City support queries as quickly as possible, and will be able to respond in most cases within hours of the submitted request for support services. InTech guarantees it will provide a response to support questions and issues by the next business day. Issue Resolution / Rollout Policy: InTech's response to support issues will depend of the type and severity of the issue the user is encountering, as follows: User Training or Business Process: InTech offers onsite training services which may be included in the Appendix B. Online documentation is available to users. InTech will provide a response to City within 1 day. • Non-critical Bug Fixes. A non-critical bug is defined by InTech as any user -experienced issue that does not block the user's ability to utilize system functions. Non-critical bug fixes or usability enhancements will be assessed, scheduled and rolled out in the next regular system release. Regular system releases are defined in the "Software Upgrades" section below. • Critical Bug Fixes. A critical bug is defined by InTech as any bug that inhibits the user's ability to utilize the functions of the system. InTech has multiple levels of testing in place to help ensure that these bugs never make it into our productions system. (See software updates below.) In the case that a critical bug is encountered in the system, InTech will provide an update to the system as quickly as is possible. InTech will typically be able to implement critical fixes within 3 to 5 business days. Service Availability: Service is intended to be available for use at all times, except for scheduled downtime, InTech warrants availability of Service during business hours (M -F 8am-5pm) to 95% uptime. InTech will provide City with at least two (2) weeks before scheduled downtime, and will not schedule downtime during Election Season or other critical time periods. If Service is documented by City to not meet this standard, InTech will provide remedies as described in Section 8.3 of the Agreement. Software Maintenance and Support Costs: As the Modus Elections Manager is a subscription service (not sold), software maintenance and support provided without any additional cost or subscription fee. InTech's mission is to have the Service stay current to ensure compliance with relevant Minnesota election laws. Many of these state-wide improvements to the system will be made available free of charge. In the event that City is requesting additional new functionality (not included in the agreed upon requirements documents), this functionality can custom -coded and provided on a time -and -material basis. Release Frequency: InTech will schedule releases with any enhancements or bug fixes. Scheduled rollouts will occur on a weekend (Friday, Saturday, or Sunday night), between the hours of 10pm and 6:00am. 3of4 Because Modus Elections Manager is a web -based system, rollouts only occur on InTech's servers. Client software will automatically be updated the next time the user accesses into the system. Custom Written Routines: The Modus Elections Manager system was designed by a consortium of users from cities and counties of different sizes and differing business practices. As a result, the system is quite flexible and will accommodate the needs and business requirements of most, if not all jurisdictions. In the event that a City has a requirement for new functionality not provided in the system, InTech will work to try to ensure that this functionality can be included in the next state-wide release of the system to all users. This approach will have at least 2 significant benefits: (1) it will improve the Modus Elections Manager system for the greater user community; and (2) it will provide a significant support cost savings to City. Training: With each new customer, InTech includes installation and configuration services. Elections staff will be personally trained and well acquainted with the system upon the completion of these configuration activities. System Technology: Modus Elections Manager is a web -based application built on the Microsoft Silverlight 5.0 platform. As a result, the system will be accessible only from location where internet services are available, and on browsers and operating systems which at least support Microsoft Silverlight version 5.0.61118.0 or higher. In the event the Modus Elections Manager is revised or otherwise requires use of a newer version of the Silverlight or other software / operating system, InTech will advise City at least sixty (60) days prior to such conversion taking effect. Microsoft Silverlight is currently supported on the following browsers: • Internet Explorer Version 6 -SP1 or higher • Firefox Version 3 or higher • Google Chrome • Safari Microsoft Silverlight is currently supported on the following Operating Systems: • All Microsoft Windows operating systems, XP or higher • Mac OS 10.4 or higher All supported user platforms must meet these minimum requirements. 4of4 A w^ U U S ELECTIONS MANAGER AVC Software Solutions, Inc Running an election just got easier. Exhibit B Proposal to City of Lakeville Modus Elections Manager January, 2014 Modus Elections Manager The system will provide the Lakeville city government with a centralized and integrated system designed to save significant time in planning for and administering an election. It has been designed by elections officials to focus on the most significant issues facing elections officials. With a central repository for all election data, it is able to manage polling place agreements, facilitate judge assignments, communication, and training, keep a chain of custody for election equipment and delivery, and provide a wide range of reporting capabilities. The Modus Elections Manager is being proposed to the City of Lakeville, Minnesota (hereinafter referred to as "Customer") for managing any and all upcoming elections. The Customer has the option of having InTech Software Solutions, Inc. (hereinafter referred to as "InTech") assist by importing existing elections data to the Modus system. System Benefits and Capabilities With the following key benefits, the Modus Elections Manager is designed to save significant time and money in the tasks that are necessary to coordinate an election. ✓ Single Unified Database ✓ Coordinate Judge Assignments and Training ✓ Communication with Judges and Polling Places ✓ Automate Judge Payroll ✓ Polling Place Logistics ✓ Election Equipment Setup and Delivery ✓ Eliminate Date Entry Redundancy ✓ Significant Time and Cost Savings ✓ Business Knowledge Tool for Succession Plan The information presented is the protected intellectual property of InTech Software Solutions, Inc. and may not be copied or reproduced without the explicit written permission. Page 1 of 3 /w^ US ELECTIONS MANAGER Software Solutions, Inc Running on election just got easier. Scope of Proposal In Scope InTech will: • Install the Modus system and ensure it is accessible to all users that have minimum client software and internet services • Make available consulting services for data collection, conversion, and training • Provide support for elections officials directly employed by the Customer • Ensure that the remote databases are secured and have appropriate backup and recovery procedures in place Customer will: • Promptly notify InTech via email and provide necessary documentation for any encountered issues in the Modus software environment • Only distribute user IDs and passwords to authorized staff • Be responsible for creating, updating, and reviewing election data for its own jurisdiction Out of Scope • InTech creating custom code for integration with existing IT systems such as payroll processing (Note that Modus Elections Manager provides payroll data exports available for integration with most accounting and payroll systems.) • Additional IT consulting services are available and can be provided at a standard rate of $125 per hour. Training InTech provides data conversion, onsite training, and implementation services to assist the Customer in a smooth transition to the Modus Elections Manager. This typically consists of the following: • Approximately one to two days to configure election parameters for the jurisdiction • A one-time data import of election judge and polling place data • One 3-4 hour training session designed to get users started with the system • A second 3-4 hour training session completed near the election which trains users in more advanced features of the system. These activities may be schedule upon Customer acceptance of this proposal. The information presented is the protected intellectual property of InTech Software Solutions, Inc. and may not be copied or reproduced without the explicit written permission. Page 2 of 3 �..,% © Ubus ELECTIONS MANAGER Software Solutions, Inc Running an election just got eosiec Software License Payment Schedule The Modus Elections Manager is licensed annually. For clarity, this proposal outlines 2 years of services and licensing fees. In order to help our clients address the realities of limited budgets, we charge minimal up -front installation fees and have single -cost licensing based on population. The license includes all features of the Modus Elections Manager system with no restrictions on the number of users. This structure eliminates unforeseen fees or unpredictable licensing increases. MODUS LICENSE AND SERVICE COSTS 2014 12 -month Software License for the City of Lakeville $9,600 License Fee for 2014 12,600 One -Time Training/Data Import Service Fee. (Data conversion from excel template provided, onsite implementation, training to city staff) $2,500 Services 2 500 Total for 2014 2015 12 -month Software License for the City of Lakeville' $9,600 Total for 20151 $9,600 'If customer elects to auto -renew this contract, a 2.5% increase will be applied annually beginning in 2016. Pricing does not include sales tax. InTech Software Solutions, Inc 12240 51St Ave N Plymouth, MN 55442 Mark Henderson, VP Consumer Relations 612.889.5957 Mark. Henderson(aD-ModusElections.com Michael Snuffer, CEO 612.387.6121 Michael. Snuffer()ModusElections. corn The information presented is the protected intellectual property of InTech Software Solutions, Inc. and may not be copied or reproduced without the explicit written permission. Page 3 of 3