HomeMy WebLinkAbout26 - Instructions - Enterprise Resource Planning Software & Implement (11)
Request for Proposals (RFP)
Enterprise Resource Planning (ERP) Software
and Implementation Services
City of Bozeman
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
CLOSING DATE: May 4, 2026 at 3:00 PM MT
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 2
INSTRUCTIONS
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from qualifled
Enterprise Resource Planning (ERP) software and implementation services providers.
Copies of the Request for Proposals are available on the City’s website.
All proposals must be provided as a single, searchable PDF document flle and be submitted digitally
as an email attachment to the City email address below. All proposals must comply with level A and
AA Success Criteria and Conformance Requirements as deflned by current Web Content
Accessibility Guidelines (WCAG). Respondents are advised that City’s email attachment size limit is
25MB and that only one PDF flle will be allowed per response. The subject line of the transmittal email
shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in
size may be uploaded to the City Clerks’ Office upon special arrangement with the City Clerk. It is
the Respondent’s sole responsibility to ensure the flle upload is completed, and that the City is
separately notifled via email of same, prior to the given deadline.
Deliver RFPs via email to the City Clerk by May 4, 2026 at 3:00 PM MT. It is the sole responsibility of
the Respondent to ensure that proposals are received prior to the closing time as late submittals will
not be considered.
The email address for submission is: procurement@bozemanmt.gov
Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City
Clerk (406) 582-2321, procurement@bozemanmt.gov.
Questions relating to the RFP should be directed to: Justine Swanson, Project Manager/Financial
Management Analyst, 406-577-7436, Justine.Swanson@bozemanmt.gov
Respondents will be required to agree to the City’s non-discrimination and equal pay affirmation,
attached as V.1.2.
DATED at Bozeman, Montana, this March 14, 2026.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Saturday, March 14, 2026
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 3
Table of Contents
Section I. General Information / Instructions to Respondents .............................................. 5
I.1.0 Deflnitions ............................................................................................................... 5
I.2.0 About the City of Bozeman ........................................................................................ 5
I.3.0 About the Project ..................................................................................................... 6
I.4.0 Questions and Inquires ........................................................................................... 11
I.5.0 Proposals .............................................................................................................. 11
I.6.0 City Reservation Of Rights / Liability Waiver .............................................................. 15
I.7.0 Contractual Agreement and Term ............................................................................ 16
I.8.0 Tax ........................................................................................................................ 16
I.9.0 Pricing ................................................................................................................... 16
I.10.0 Notice of Award .................................................................................................. 16
I.11.0 Assignment ........................................................................................................ 17
I.12.0 Nondiscrimination And Equal Pay Policy ............................................................... 17
Section II. Project Scope ................................................................................................ 18
II.1.0 Overview ............................................................................................................... 18
II.2.0 Contract Scope ...................................................................................................... 18
II.3.0 Organization Scope ................................................................................................ 18
II.4.0 Process Scope ....................................................................................................... 18
II.5.0 Report Scope ......................................................................................................... 28
II.6.0 Interface Scope ...................................................................................................... 28
II.7.0 Conversion Scope .................................................................................................. 29
II.8.0 Implementation Scope ........................................................................................... 29
Section III. Proposal Evaluation ....................................................................................... 32
III.1.0 Evaluation committee ......................................................................................... 32
III.2.0 Selection Process ............................................................................................... 32
III.3.0 Evaluation Criteria and Scoring ............................................................................ 33
Section IV. Proposal Submission Requirements .............................................................. 36
IV.1.0 Respondent Information ..................................................................................... 38
IV.2.0 Functional Requirements .................................................................................... 38
IV.3.0 Technology and System Capabilities..................................................................... 39
IV.4.0 Implementation Team & Approach ....................................................................... 41
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 4
IV.5.0 Price Proposal .................................................................................................... 43
Section V. Attachments ................................................................................................. 44
V.1.0 Respondent Information ......................................................................................... 44
V.2.0 Functional Requirements ........................................................................................ 50
V.3.0 Technology and System Capabilities ........................................................................ 51
V.4.0 Implementation ..................................................................................................... 61
V.5.0 Pricing ................................................................................................................... 76
Section VI. Appendix ....................................................................................................... 77
VI.1.0 Appendix A......................................................................................................... 77
VI.2.0 Appendix B......................................................................................................... 80
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 5
SECTION I. GENERAL INFORMATION / INSTRUCTIONS TO RESPONDENTS
I.1.0 DEFINITIONS
Finalist shall mean a Short-Listed Respondent from the Software Demonstrations stage identifled in
III.2.3.
Firm shall mean any legal entity submitting a proposal in response to this RFP, whether individually
or as part of a Joint Proposal.
Functional Requirements shall mean the requirements identifled in Attachment V.2.1- Functional
Requirements.
Joint Proposal shall mean a proposal submitted by two or more Firms working together to provide
the required services under this RFP, where one Firm is designated as the Primary Firm.
Primary Firm shall mean the Firm taking the lead role as a Respondent in the case of a Joint Proposal.
Proposal shall mean the Respondent’s entire response to this RFP.
Respondent shall mean the Firm or Firms providing a Proposal to deliver the Project Scope identifled
in this RFP. The term “Respondent” shall include the entities’ agents, officers, employees, and
partners.
Responsive Proposal shall mean a Respondent’s proposal submitted in response to this RFP that
has met all the proposal submission requirements identifled in Section IV.
Selected Vendor shall mean the Respondent the Evaluation Committee has evaluated, scored, and
determined capable of delivering the best value for the City for the Project Scope of this RFP. The
Selected Vendor shall be asked to enter into negotiations to deliver the Project Scope.
Short-Listed Respondent shall mean a top-scoring proposal from the Written Proposal Evaluation
stage identifled in III.2.2.
I.2.0 ABOUT THE CITY OF BOZEMAN
The City of Bozeman (the “City”) is a commissioner-manager form of government with a four-member
City Commission plus the Mayor elected for four-year terms. Bozeman is a thriving community of
over 57,000 residents located in southwest Montana, home to Montana State University and near Big
Sky and Yellowstone National Park.
The City provides traditional government services, including Fire, Police, Library, Parks and
Recreation, and Utilities. The City’s annual general fund budget is approximately $62 million and
$230 million across all funds, with a flscal year beginning on July 1. The City employs approximately
540 full-time equivalent employees, as well as roughly 140 seasonal workers, and has four (4)
collective bargaining units, accounting for roughly 70% of employees.
For more information on the City of Bozeman, visit https://www.bozeman.net/.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 6
I.3.0 ABOUT THE PROJECT
The City seeks proposals from qualifled Respondents for Enterprise Resource Planning (ERP)
Software and Implementation Services. This Request for Proposals (RFP) is designed to provide
interested Respondents with sufficient basic information to submit proposals meeting the City’s
goals and requirements. The City expects that this RFP will result in a contract or contracts awarded
to the Firm(s) submitting the proposal determined to provide the best value for the City based on the
evaluation criteria (the Selected Vendor).
The City currently utilizes an ERP system (NaviLine 9.X) to manage its general ledger, asset tracking,
procurement, treasury, customer billing, flnancial reporting, human capital management (HCM)
functions, utility billing (UB), code enforcement, licensing and permitting (Permitting). The City also
uses other third-party solutions for speciflc needs, as well as relying on a multitude of Excel
spreadsheets maintained across almost all departments to track various flnancial and personnel
information.
The current systems allow the City to process its required business transactions but not always in
the most efficient manner. Manual, and often duplicative, entry still occurs and is not only time-
consuming but also increases the likelihood of errors. Business users desire more functionality and
reliability than what is currently available. The City would like to explore and assess the functionality
of modern ERP solutions and, more importantly, improve overall business processes and underlying
system integration. As such, the City made the strategic decision to assess the full ERP market before
investing in a long-term ERP solution.
NOTE: The City anticipates releasing separate Requests for Proposals for Utility Billing and
Permitting/Licensing/Code Enforcement systems, with anticipated release days of late March and
mid-April, respectively. Each RFP constitutes a distinct solicitation and will be evaluated
independently. This RFP is focused solely on flnance and human capital management functionality
within an ERP solution.
Respondents capable of providing solutions that address the requirements of more than one RFP are
required to submit a separate proposal for each RFP for which they seek consideration. A response
to one RFP shall not be construed as a response to any other RFP.
If Respondents can support the functions of multiple RFPs, they should identify those within their
proposals. Respondents relying on established partnerships or integrated solutions with other
vendors to meet the requirements of multiple RFPs (for example, an ERP solution with an established
integration partner for Utility Billing), should disclose and describe such partnerships in each
applicable proposal. Each participating entity must submit the required proposal(s) in accordance
with the instructions of the applicable RFP.
I.3.1 Project Preparation
The Government Finance Officers Association (GFOA) was selected by the City to guide it through the
ERP selection process. GFOA is a professional membership organization representing over 30,000
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 7
public sector professionals across the United States and Canada. GFOA has no ties to any speciflc
ERP technology.
As part of the scoping activities for this project, GFOA and the City worked together to review existing
business processes. The City was divided into Process Improvement Teams (PITs) by functional area.
Each PIT crew met with GFOA to identify gaps in current processes when compared to best practices
and modern ERP functionality. The PIT crews will remain intact during selection and implementation.
Areas for improvement have been documented into a plan (Action Plan). The Action Plan describes
changes that range from changing existing practices without regard to technology to preparing for
change when technology is available. Many Action Plan items and related readiness activities will be
addressed in advance of implementation. Some improvement items may be technology dependent,
and the City will rely on collaboration with and expertise of the Selected Vendor to complete these
activities.
I.3.2 Project Governance
The City’s ERP project is managed by the Finance Department, with the Financial Management
Analyst serving as Project Manager for the preparation of this RFP and throughout selection and
implementation. A Steering Committee has been established to provide guidance regarding project
scope, funding, and business processes and City policies impacted by the project. The project is
supported by multiple PIT crews, with each PIT crew consisting of City stakeholders representing
various stages of a functional process.
Governance Structure
Figure 1
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 8
Role Description Duties
Project
Sponsor (City
Manager)
Project advocate.
Resolves confiict within
the Steering Committee or
on the project and is the
flnal decision-maker
during Steering
Committee impasses.
• Holds formal authority for approvals,
including budget, scope, and vendor
selection.
• Serve as an escalation point for unresolved
issues from the Steering Committee.
• Secure necessary resources and remove
obstacles that could impede the project.
• Provide high-level strategic direction for the
project.
• Advocates for the project to the Executive
Team, City Commission, and department
staff.
• Support change management across the
organization.
Steering
Committee (5
senior leaders
for the City)
Provides ongoing
leadership to the ERP
Project.
• Act as project champions and make the
project an organizational priority.
• Provide strategic guidance, overall
direction, and prioritization for project
execution.
• Act as module owners and hold ultimate
authority for operational decisions within
their respective domains (Finance, HR, IT,
Permitting).
• Review and approve scope changes,
budgets, and cross-module decisions.
• Resolve issues and policy confiicts.
• Support change management across the
organization.
• Act as the project management team
through contract negotiation.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 9
Role Description Duties
Project
Executive
Provides high level project
management oversight,
including assistance and
guidance for the Project
Manager.
• Oversees overall project execution and
coordinates the Project Manager.
• Monitors milestones, deliverables, and
progress, ensuring alignment with project
goals.
• Ensures Steering Committee decisions are
implemented efficiently and consistently
across modules.
• Guide and support system requirements,
workfiows, and process improvements in
collaboration with module owners and the
Project Manager.
• Escalates issues that require policy, scope,
budget, or cross-departmental decisions to
the Steering Committee.
• Ensure operational work moves forward
consistently across modules, with
accountability for execution, while
deferring ultimate authority on major
decisions to the Steering Committee.
• Provide consistent communication
between the Project Manager, Steering
Committee, and Executive Sponsor.
• Ensure GFOA Consultants complete tasks
and meet expectations and responsibilities
of contract between Bozeman and GFOA
(Contract).
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 10
Role Description Duties
Project
Manager
Coordinates day-to-day
activities on the project
and serves as primary
point of contact for the
City’s vendor partners
• Executes day-to-day project tasks
including scheduling and facilitating
meetings, documentation, vendor
coordination, and communications.
• Tracks milestones, deliverables, and
budget under the guidance of the Project
Executive.
• Work closely with GFOA Consultant,
manage the contract and serve as liaison
to the Consultant.
• Works closely with the Project Executive
and Steering Committee to coordinate
resources to meet the project goals and
objectives.
• Coordinates with City staff to ensure cross-
functional participation and captures input
for steering committee decisions.
• Manages project communications, status
reporting, and risk tracking.
• Provides updates to the Project Sponsor,
Steering Committee, Project Executive, and
regular communication City-wide.
• Coordinates and implements the project
communication plan, ensuring consistent
updates to departments and stakeholders.
GFOA
Consultants
Serves as the ERP program
advisor to the City
• Provide general guidance on ERP selection
practices;
• Provide guidance on best practices in
public sector;
• Facilitate and guide the City through
scoping, solicitation, selection, and
contracts for the future ERP solution;
• Complete tasks outlined in the Contract,
including project planning, businesses
process analysis and improvement, and
project readiness plan.
• Work with Project Manager(s) to coordinate
meetings and BZN resources, resolve
issues, and maintain project plan,
schedule, and budget.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 11
Role Description Duties
Process
Improvement
Teams & Leads
PIT crew members have a
general understanding of
their functional process.
Leads provide functional
expertise, coordinate
stakeholders, and
coordinate tasks and
assignments.
• Have a level of expertise in City business
process areas and related systems.
• Participate in process mapping of current
City business processes and systems.
• Identify potential areas of improvement
and assist with the development of future
state processes and system
improvements, with consideration of the
entire organization and not just a speciflc
department or division.
• Make recommendations and assist in the
development of procedures and guidelines
to implement best practice business
processes.
• Serve as project champions within their
department.
• Coordinate with SMEs on PIT Crew to
review deliverables and provide feedback.
• May participate in the Evaluation Team.
Subject Matter
Experts
Subject Matter Experts
(SMEs) have deep
knowledge of a particular
process or sub-process
within a functional area.
• Individuals from across the organization
who are heavy day-to-day users of
business process area(s);
• Provide input on current processes and
policy related to their department or
function;
• Assist in developing and validating
requirements of new processes and/or
systems.
• May participate in software demonstration
and vendor selection.
I.4.0 QUESTIONS AND INQUIRES
All questions should be submitted to Justine Swanson, Project Manager/Financial Management
Analyst in writing to Justine.Swanson@bozemanmt.gov no later than 4:00 PM MT on March 27, 2026.
Please be aware that contact with any other personnel within the City of Bozeman regarding this
Request for Proposal may disqualify your proposal from further consideration.
I.5.0 PROPOSALS
I.5.1 Proposal Due Date and Time
Proposals are to be provided to the City Clerk in accordance with the Solicitation Schedule below.
Proposals are to be submitted by 3:00 PM MT on May 4, 2026. The City will acknowledge receipt of
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 12
all proposals by sending an email back to the Respondent. By providing the Proposal electronically
to the City, the Respondent grants the City an unlimited right to generate additional electronic and/or
paper copies for distribution solely for the purpose of evaluation and review.
I.5.2 Solicitation Schedule
The table below represents the anticipated schedule for this procurement. The City reserves the right
to change the schedule with appropriate notiflcation.
Activity Scheduled Date
RFP Issuance March 14, 2026
Preproposal Conference March 24, 2026
Deadline to Submit Questions and Requests for
Clariflcation on the RFP March 27, 2026
Answers to Submitted Questions Provided April 7, 2026
Proposals Due May 4, 2026
Completion of Written Proposal Analysis and
Notiflcation of Elevation for Software Demonstrations
and Implementation Interviews
June 16, 2026
Software Demonstrations and Implementation
Interviews*
July 14 – 16, 21 – 23, and
28 – 30, 2026
Notiflcation of Elevation to Semi-flnalist or Finalist
Respondent(s) September 1, 2026
Conduct Discovery Sessions* September 16 - 17, 2026
Notiflcation to Selected Vendor Late September, 2026
Contract Negotiations and Finalize Statement of Work September / October 2026
Execute Final Contract October / November 2026
Begin Implementation November 2026
*Respondents should hold these dates pending notification of elevation. Software demonstration weeks will be
randomly assigned. The City may attempt to accommodate scheduling needs, but it cannot be guaranteed.
I.5.3 Late Proposals
Late proposal submissions will not be accepted.
I.5.4 Opening
Proposals will not be opened publicly. The identity of the Respondent will not be disclosed prior to
the Contract Award.
I.5.5 Proposal as Offer
The Proposal is considered by the City to be an offer. All proposals, including all information and
costs provided therein and any subsequent clariflcation or response to questions, shall be valid for
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 13
a minimum of 180 days from the proposal due date. This period may be extended by mutual
agreement between the Respondent and the City.
I.5.6 Joint Proposals
If all RFP requirements are not met with products and services provided by one Firm, Respondents
are encouraged to partner with one or more other Firms to submit a Joint Proposal.
I.5.7 Primary Firm
If a Respondent consists of multiple Firms submitting a Joint Proposal, the proposal must identify
one Firm as the Primary Firm, along with a primary point of contact. This identifled person will be the
primary point of contact throughout the procurement process and will be responsible for the overall
implementation of all partners included in the Joint Proposal.
I.5.8 Changes to Proposals
Unless otherwise provided in any supplement to these instructions, no Respondent shall modify,
withdraw, or cancel their Proposal, or any part thereof, without prior approval by the City. Prior to the
Proposal due date, any required addenda will be posted on the City's website (at the same place you
accessed the RFP).
I.5.9 Rejection
The Respondent acknowledges that it is the right of the City to reject any or all Proposals and to waive
any informality or irregularity in accepting any Proposal. In addition, the Respondent recognizes the
right of the City to reject any Proposal if the Respondent fails to submit any information required by
the Proposal Documents, or if the Proposal is in any way incomplete, irregular, or otherwise does not
comply with the proposal requirements.
I.5.10 Confldentiality
Any information contained in the response that is proprietary must be clearly designated. Marking
the entire proposal as proprietary will be neither accepted nor honored. If a request is made to view
a Respondent’s proposal, the City will comply according to applicable state and federal Freedom of
Information Act (FOIA) or Open Records Laws.
I.5.11 Confiict of Interest
The Respondent certifles, through execution of the contract, that no person in the City’s
employment, directly or through subcontract, will receive any private flnancial interest, direct or
indirect, in the contract. The Respondent will not hire nor subcontract with any person having such
confiicting interests.
I.5.12 Costs of Preparing Proposals
The City is not liable for any costs incurred by Respondents in the preparation and presentation of
proposals and demonstrations submitted in response to this RFP.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 14
I.5.13 Errors in Proposal
The City will not be liable for any errors in proposals. Respondents will not be allowed to alter
proposal documents after the deadline for proposal submission.
The City reserves the right to make corrections and amendments due to errors identifled in proposals
by the City or the Respondent. This type of correction or amendment will only be allowed for such
errors as typing, transposition, or any other obvious error. Proposers are liable for all errors or
omissions contained in their proposals.
I.5.14 No Oral Agreements
No conversations or oral agreements with any officer, employee, or agent of the City shall affect or
modify any term of this RFP. Oral communications or any written/email communication between any
person and City officer, employee, or agent shall not be considered binding.
I.5.15 No Partnership/Business Organization
Nothing in this RFP or in any subsequent agreement, or any other contract entered into as a result of
this RFP, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the Respondent and the City.
I.5.16 Employment Restriction and Indemnity
No person who is an owner, officer, employee, contractor, or consultant of a Respondent shall be an
officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a
Respondent, its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other beneflts and
taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and
consultants. Each Respondent shall save and hold the City harmless with respect to any and all
claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment compensation,
other beneflts and taxes and premiums in any way related to each Respondent’s officers, employees,
contractors, and consultants.
I.5.17 Accessibility
Upon reasonable notice, the City will provide assistance for those persons with sensory
impairments. For further information please contact the ADA Coordinator at 406-582-3232.
I.5.18 Procurement
When discrepancies occur between words and flgures in this RFP, the words shall govern. No
responsibility shall attach to a City employee for the premature opening of an RFP not properly
addressed and identifled in accordance with these documents.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 15
I.5.19 Governing Law
This solicitation and any disputes arising hereunder or under any future agreement shall be governed
and construed and enforced in accordance with the laws of the State of Montana, and venue for all
legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Respondents agree to be bound by the laws of the State of Montana and
of the City, including, but not limited to, applicable wage rates, payments, gross receipts taxes,
building codes, equal opportunity employment practices, safety, non-discrimination, etc.
I.6.0 CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, are subject to public disclosure.
A submission in response to this RFP confers no rights upon any Respondents and shall not
obligate the City in any manner whatsoever. The City reserves the right to not make an award or
to solicit additional proposals at a later date.
i. This RFP may be canceled, or any or all responses may be rejected in whole or in part, as
specifled herein, when it is in the best interests of the City. If the City cancels or revises this
RFP, all Respondents who submitted will be notifled.
ii. The City reserves the right to accept or reject any and all proposals; to add or delete items
and/or quantities; to amend the RFP; to waive any minor irregularities, informalities, or failure
to conform to the RFP; to extend the deadline for submitting proposals; to postpone award;
to award one or more contracts, by item or task, or groups of items or tasks, if so provided in
the RFP and if multiple awards or phases are determined by the City to be in the public
interest.
iii. The City reserves the right to consider in its evaluation of the proposal if any Respondent has;
previously failed to perform properly to the satisfaction of the City, fail to complete on time
agreements of similar nature, or who is not in a position to perform such an agreement
satisfactorily as determined by the City.
iv. The City reserves the right to determine the best qualifled Respondent and negotiate a flnal
scope of service and cost, negotiate a contract with another Respondent if an agreement
cannot be reached with the flrst selected Respondent, or reject all proposals.
v. The professional services contract between the City and the successful Respondent will
incorporate the Respondent’s scope of service and work schedule as part of the agreement.
vi. This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by Firms in responding to this request for proposals or
request for interviews, additional data, or other information with respect to the selection
process, prior to the issuance of an agreement, contract or purchase order. The Respondent,
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 16
by submitting a response to this RFP, waives all rights to protest or seek any legal remedies
whatsoever regarding any aspect of this RFP.
vii. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited
to selection procedures, submittal date, and submittal requirements. If the City cancels or
revises this RFP, all Respondents who submitted proposals will be notifled.
viii. Projects under any contract are subject to the availability of funds.
I.7.0 CONTRACTUAL AGREEMENT AND TERM
I.7.1 Contract Award
The City reserves the right to selectively award a contract or multiple contracts based on individual
or joint of providers.
I.7.2 Contract Commencement
Any Contract arising from this RFP action shall commence on the date the Contract is executed on
behalf of the City, or such other date as the City and the Selected Vendor(s) shall agree.
I.7.3 Term
The City requests software proposals for a period of flve (5) years. During negotiations, the City may
be open to entertaining longer Contract terms.
I.7.4 Non-Endorsement
As a result of the selection of a Selected Vendor to supply products and/or services to the City, the
City is neither endorsing nor suggesting that the Selected Vendor’s product is the best or only
solution. The Selected Vendor agrees to make no reference to the City in any literature, promotional
material, brochures, sales presentations, or the like without the express written consent of the City.
I.8.0 TAX
The City is exempt from all sales, excise, and transportation taxes. Any taxes other than these, which
are applicable, are to be paid by the Selected Vendor. The City will furnish Tax Exemption Certiflcates
upon request.
I.9.0 PRICING
Prices proposed shall refiect the total fixed fee price of software, services, and any other associated
fees. Additional information is provided in IV.5.0.
I.10.0 NOTICE OF AWARD
This RFP does not commit the City to award a contract or to procure or contract for the services
described herein as noted in I.6.0.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 17
Following completion of the evaluation and selection process, the City anticipates providing written
notice of award to the Respondent selected by the City for contract negotiations. The City is not
obligated to award a contract to the proposer submitting the lowest‑cost Proposal or to any
Respondent.
No proposer shall be entitled to feedback, scoring information, or evaluation results prior to the
conclusion of the solicitation and the formal notice of award or cancellation. All communications
regarding the status of the solicitation are subject to applicable public records and procurement
laws.
If a contract is awarded, the award is contingent upon successful negotiation of a written agreement,
satisfaction of any conditions precedent outlined in this RFP, and approval by the City Commission.
I.11.0 ASSIGNMENT
The Selected Vendor shall not assign, transfer, convey, or otherwise dispose of the Contract or any
part of it or any monies due and payable under the Contract, without prior written approval from the
City. If the City grants such approvals, they shall in no way relieve the Selected Vendor from any of its
obligations under the terms of the Contract.
I.12.0 NONDISCRIMINATION AND EQUAL PAY POLICY
The City requires each entity submitting under this notice shall affirm, on a separate form provided,
that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status,
national origin, or because of actual or perceived sexual orientation, sexual preference, gender
identity, or disability in fulflllment of a contract entered into for the services identifled herein and that
this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s
employees and to all subcontracts it enters into in the fulflllment of the services identifled herein.
Failure to comply with this requirement shall be cause for the submittal to be deemed
nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the Equal
Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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SECTION II. PROJECT SCOPE
II.1.0 OVERVIEW
The City seeks an integrated ERP solution and a qualifled professional services provider to implement
the proposed ERP solution, including overseeing the implementation of any proposed third-party
software. The scope of the project, including project milestones, will be deflned by a Statement of
Work (SOW) that identifles the flnal scope, project approach, roles and responsibilities of the
Selected Vendor and City, payment milestones, functional requirements, and acceptance criteria.
The SOW will be consistent with the requirements set forth in this RFP and the Selected Vendor’s
proposal.
II.2.0 CONTRACT SCOPE
The City shall enter into a contract with the Selected Vendor, provided however that in the event of a
Joint Proposal, multiple contracts may be required for all implementation services as described
under this RFP. However, it is the Primary Firm’s responsibility to assemble and manage all partners,
subcontractors, third-party software providers, skills, and resources necessary to meet the
requirements of this RFP. The City understands that software contracts and third-party solution
contracts may be handled separately; however, a comprehensive SOW will be developed to integrate
all the contracts. Any proposed third-party software or services must be clearly identifled in the
proposal, along with a description of the Primary Firm’s responsibility for coordination
responsibilities and approach to performance oversight.
The Primary Firm shall serve as the City’s single point of accountability for the overall delivery of the
ERP solution, including the coordination and integration of all third-party software, services, and
subcontractors included in its proposal, as well as the performance of such software and services
for which separate contracts are not assigned.
II.3.0 ORGANIZATION SCOPE
The scope of this ERP project includes all City departments and operational units. The selected ERP
solution will serve as an enterprise‑wide system supporting City operations across all departments.
In addition to City’s internal departments and functions that are within scope for this
implementation, two component units are included in the scope of this project: (1) The Bozeman
Public Library Foundation and (2) The Bozeman Downtown Business Improvement District.
This project does not include any other legally separate entities or affiliated governments.
II.4.0 PROCESS SCOPE
The scope of this project is deflned by goals, processes, and requirements.
i. Goals: The activities undertaken in preparation for this RFP have culminated in several high-
level goals the City wishes to achieve. Goals represent major outcomes or improvements the
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Request for Proposals for ERP Software and Implementation Services Page 19
City desires to achieve as a result of using the system and improvements to policy, process,
organizational structure, or improved efficiencies.
ii. Process: The City will use the ERP to execute and manage processes. Processes are deflned
by transactional processes, outputs, or overall groupings of system features the City will use
to achieve its goals. The City has completed envisioned future state process maps to serve
as conceptual process goals for the organization.
iii. Requirements: Each process is further deflned by requirements that will serve as a service
to communicate expectations for the system and acceptance. The requirements for each
process can be found in Attachment V.2.1– Functional Requirements.
Additionally, certain sections of the process areas below identify “Challenges to Solve,” which
represent current challenges the City experiences within speciflc functional areas for which the City
is seeking Respondents’ recommendations and proposed approaches. These challenges refiect
areas where the City is exploring potential solutions and is looking to Respondents for insight, best
practices, and proposed methodologies.
While Challenges to Solve are described within the applicable functional area sections below,
Respondents are required to provide their consolidated responses in Attachment V.4.5.
Respondents should ensure that all identifled challenges are addressed in that attachment, rather
than within the individual functional narratives.
II.4.1 General
The ERP will serve as the central hub for enterprise data addressing flnancial accounting, budgeting,
procurement, enterprise reporting, and human capital management. General business rules and
workfiow processes will be deflned in the ERP for most transactions related to flnancials,
procurement, budgeting, human resources, and payroll.
Integrated, secured access to the ERP platform is high priority for the City. Internal and external users
should be assured of the security of the system and its data. Transaction fiow, including notiflcations,
should be easily conflgured based on City business rules and policies, and user interfaces should be
intuitive, with processes available on mobile devices when possible. Report tools should be based
on no- or low-code interfaces and business conflguration should not require programmer
intervention.
While the City is eager to consolidate systems around a new ERP solution, it acknowledges other
existing systems will remain, so it is imperative the new ERP sufficiently integrates and shares data
with other City systems to provide consistent, timely, and accurate data.
II.4.2 Accounting
4.2.a. Goals
The City’s main flnancial ledger is housed in Central Square’s NaviLine and maintained by the
Finance Department. City leadership recognizes the need to restructure the chart of accounts for
standardization, transparency, and multi-dimensional reporting. The City expects the Selected
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Request for Proposals for ERP Software and Implementation Services Page 20
Vendor to support the chart of account redesign, including mapping and/or aligning the new chart to
Montana’s Budgetary Accounting and Reporting System (BARS). Further, the City may choose to
adopt program‑based budgeting and other evolving flnancial management and reporting
approaches, and the selected system should be capable of supporting those capabilities.
GFOA met with the Accounting PIT Crew several times to discuss modern ERP functions. Robust
grant / project tracking is important to the City, including developing budgets for individual projects
and grants, identifying and tracking funding sources and drawdown priorities, and using purchasing
and accounts payable to track grant and project expenses. Related to payroll, the City also desires
an ability to better track personnel expenses for grants and projects.
Reporting tools should be fiexible. The City currently uses third-party software to generate its Annual
Comprehensive Financial Report (ACFR) requirements and budget document but is interested in
exploring ERP software solutions that include preparation of these documents. Reporting tools
should also include no- or low-code reports, as well as the ability to accommodate multiple
accounting views and periods (e.g., grant reporting year vs. City reporting year) simultaneously.
The City currently leverages internal service billing, whereby a department will directly bill another
department for parts and maintenance (e.g., Fleet bills Streets for vehicle repair). The City wishes to
continue this process but to make it more efficient. The City also uses Internal Service Funds to
budget and account for overhead expenses provided by one department to another (e.g., allocating
Human Resource expenses based on departments’ FTE counts).
Pooled cash is currently recorded on the General Fund’s balance sheet. Pooled cash is typically
managed in a separate fund. The City will need guidance and/or assistance from the implementer to
make the transition.
4.2.b. Process Scope
Accounting
• Chart of Accounts
• General Ledger Transactions
• Grant / Project Tracking
• Financial Reporting
4.2.c. Challenges to Solve
Historical Data: The City understands that all of its accounting data and supporting documentation
will not be converted as part of this project. However, it is interested in understanding how
Respondent’s suggest entities manage their historical data that is not converted, especially for data
still subject to open records requests.
II.4.3 Budget
4.3.a. Goals
The City uses Excel and Microsoft Forms to develop its budget and wishes to understand the
capabilities and functionality of budgeting solutions and explore solutions that may provide a better
user experience, support scenario-based analysis, allow for real-time engagement with departments
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Request for Proposals for ERP Software and Implementation Services Page 21
in the budgeting process, support intuitive budget monitoring and reporting for internal and external
stakeholders, and facilitate the development and monitoring of key performance indicators.
The City has expressed an interest in adding program-based budgeting to its budgeting process,
where resources are allocated based on programs and their objectives, rather than solely on
departments or line items. This will be a methodological change requiring the City to organize its
budget into program categories, ideally aligned with strategic goals or a strategic plan, with programs
having clear objectives and performance indicators to link spending with outcomes. The City realizes
this would represent signiflcant change and can begin with high-level programs and gradually
increase granularity over time as capacity, experience, and data improve.
The City would like an ERP that integrates HR and flnance data that will enable position-level
budgeting and real-time updates when changes occur, eliminating the need for manual entry or
intervention.
The City would like a tool to develop and manage its Capital Improvement Planning (CIP) that can
support input from stakeholders across the organization and multi-year capital projects, including
submitting proposed projects, identifying funding sources, and prioritizing projects. The system
should also seamlessly integrate the CIP with the current year’s budget.
4.3.b. Process Scope
Budget
• Operating Budget
• Personnel Budget
• Budget Adjustments / Amendments
• Capital Budget
• Capital Improvement Planning
4.3.c. Challenges to Solve
Biennium Budgeting: The City adopts a biennial budget in which Year 1 serves as the annual operating
budget. Due to state law requirements to adopt an annual budget, the City must subsequently adopt
the Year 2 budget, including a reconciliation of Year 2 with the budget originally adopted in the prior
biennium. The City is seeking Respondents’ recommendations on how their solution can streamline
and improve this process, including support for multi-year and annual budget adoption,
reconciliation between budget cycles, and integration of the CIP and the City’s three‑year staffing
plan.
II.4.4 Procure to Pay
4.4.a. Goals
The City envisions a solution that supports supplier and vendor self-service functions, as well as one
that supports modern procurement functions such as requisitions / purchase orders, complex
workfiows, encumbrances, punch outs, change orders, and commodity codes. The City would like to
be able to conflgure the system to align with its procurement policy.
The City currently uses P-Cards, but it wishes to signiflcantly streamline the process of P-Card usage
from initial charge to accounting to paying the card provider. The City hopes to beneflt from improved
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Request for Proposals for ERP Software and Implementation Services Page 22
contract management features that integrate with accounts payable and support the City’s desire to
improve management of contract performance metrics. Additionally, there is a desire to provide
more automation and business intelligence around the receiving of items and prompt payment to
vendors. The City also needs to support direct payments without the need for a PO, while maintaining
appropriate security.
The City would like to implement three-way matching to receive goods (PO, invoice, good receipt).
Departments receiving goods will document receipt in the ERP to kick off the vendor payment
process, which will include workfiow review and approval. The City also has several locations with
inventory tracked in multiple systems, including spreadsheets. The City hopes to procure a system
that can successfully integrate with an existing inventory system (Cityworks).
4.4.b. Process Scope
Procure to Pay
• Vendor File
• Purchase Requisitions
• RFP / RFI / RFQ
• Purchase Orders
• Contract Management
• P-Card
• Receiving
• Inventory
• Accounts Payable
• Employee Reimbursement
4.4.c. Challenges to Solve
Aggregate Purchase Limits: The City must ensure that all purchasing activity complies with
established competitive bidding thresholds and procurement policies. Under current processes,
departments may inadvertently or intentionally divide a larger purchase into multiple smaller
requisitions or purchase orders (“purchase splitting”) to avoid triggering formal solicitation
requirements. The City seeks on how the system can prevent purchase splitting and ensure
adherence to competitive bidding thresholds.
Public Notiflcation: To support transparency and meet the requirements of State Law, the City posts
contracts, purchase orders, and payment data to its public facing website. The City seeks a
Respondent to assist the City in achieving these transparency needs.
Contractor Receiving: The City allows contractors (non-employees) to order supplies on its behalf for
certain services (e.g., janitorial) and receive them for City use. The City seeks recommendations on
how to allow contractors to use components of the purchasing functionality while maintaining
appropriate workfiow approvals.
Employee Reimbursement: The City seeks Respondent best practice recommendations for
employee reimbursements (i.e., through payroll or AP), including travel reimbursements, claw back
of travel advances as needed, and other ad-hoc employee reimbursements.
Employee Purchase: The City allows employees to purchase personal IT equipment and wellness
beneflts through the City’s purchasing agreements. The City purchases the item, and the employee
reimburses the City, either through a single payroll deduction or a payment plan. The City seeks
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Request for Proposals for ERP Software and Implementation Services Page 23
recommendations on the most efficient way to facilitate this repayment, particularly when using a
payment plan and automatic payroll deductions.
II.4.5 Asset Management
4.5.a. Goals
The City tracks its capital assets in its current flnancial system, and it requires an ERP system that
tracks assets from purchase through disposition. Some assets are tracked in other systems, and
while these systems may remain, it will be important for information to be shared with the ERP
without the need for manual intervention. While there is less of an issue from an accounting
perspective, the City may also want the ability to tag and track controlled assets that may not meet
the City’s capitalization threshold, as well as assign assets to employees.
The City’s future vision for asset management anticipates the continued and expanded use of its
existing Enterprise Asset Management (EAM) system, Cityworks. While certain asset‑related
activities will be managed within the EAM system—preventive maintenance, work order
management, annual inventory tracking, etc.—the City requires a reliable, bi‑directional integration
between the ERP and the EAM to support enterprise business processes. At a minimum, this
integration must support the exchange of information related to employee assignment, asset
location, asset value, and cost tracking, as well as other data elements necessary to ensure accurate
flnancial reporting, operational efficiency, and lifecycle asset management.
4.5.b. Process Scope
Asset Management
• Asset Acquisition
• Asset Tracking
• Transfer / Disposal / Retirement
4.5.c. Challenges to Solve
GIS Integration: The City maintains a centralized geospatial database that will serve as the system of
record for all geospatial data across the organization. Multiple business processes rely on this data,
and it is critical that information remains accurate, consistent, and aligned across systems.
The City seeks Respondents’ recommendations on how their ERP solution can successfully integrate
with the City’s GIS system to support shared data elements and business workfiows while minimizing
duplicative data entry and reducing the risk of data becoming misaligned across systems.
Respondents should describe how their solution would support effective data synchronization,
clearly deflned system‑of‑record responsibilities, and ongoing data integrity between the ERP and
GIS environments.
Contributed Capital: As a growing City, infrastructure is often donated as part of the development
process. The City has challenges managing contributed capital as it relates to additions, valuations,
and replacements. Respondents should describe their approach to managing contributed capital,
especially as it relates to capital asset reporting.
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Request for Proposals for ERP Software and Implementation Services Page 24
II.4.6 Customer Billing
4.6.a. Goals
The City expects to trace payments to open receivables, and management desires improved
customer management, including the ability to accommodate a central customer database where
customer creation can be decentralized and integrated with GIS to avoid duplication and errors.
Integrations will need to be created to third-party systems to refiect outstanding receivables,
including the creation of receivables for billable work orders from the EAM or other work order
systems to bill customers / residents for work completed by the City (e.g., snow removal) then
charged to the customer / resident.
4.6.b. Process Scope
Customer Billing
• Customer File
• Miscellaneous Billing
• Accounts Receivable
4.6.c. Challenges to Solve
Special Assessments: The City bills special assessments to property owners within certain deflned
geographic areas (e.g., lighting districts or improvement districts). Assessments may be calculated
based on various property‑speciflc attributes (such as square footage or linear frontage) and are
typically billed once or twice per year. The existing ERP and permitting system (NaviLine) is the City’s
primary source for parcel information including square footage. Property owners may make periodic
payments over time or elect to pay the assessed amount in a lump sum.
The City recognizes that management of special assessment billing may fall within either an ERP or
a Utility Billing solution, depending on system capabilities and conflguration. The City is seeking
Respondents’ recommendations on how their proposed solution would support the calculation,
billing, payment tracking, and payoff of special assessments, including how these processes would
integrate with other City flnancial and customer billing functions, if applicable.
II.4.7 Treasury
4.7.a. Goals
The City’s treasury processes include a reliance on manual workfiows and disconnected systems,
particularly in areas such as payment receipts, online payments, disbursements, and bank
reconciliation. Departments use Excel (or other disconnected systems) to manually record deposits
and reconcile transactions due to the lack of integration between point-of-sale systems, online
payment processors, and the flnancial system.
To improve treasury operations, the City would like to integrate its ERP with payment systems and
banking partners to automate data fiows and reconciliation processes. Implementing a centralized
deposit recording system with workfiow approvals would streamline payment tracking and ensure
accurate accounting. Online payment systems will be linked to receivables and conflgured to
automatically apply payments and generate accounting entries. The City would like to implement a
unifled point-of-sale system that can manage invoices and payments from disparate systems in a
single payment without requiring multiple transactions or cash registers.
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Request for Proposals for ERP Software and Implementation Services Page 25
4.7.b. Process Scope
Treasury
• Cash Receipts
• Point of Sale
• Disbursements
• Interest Allocation
• Bank Reconciliation
4.7.c. Challenges to Solve
Disparate Payment Systems: The City has multiple systems for payments. For example, payments of
parking permit require the transaction to take place on a separate, dedicated register. This results in
a suboptimal customer experience as a customer at the treasury window would have to make two
payments to pay for their parking permit and their utility bill. This can also lead to reconciliation
challenges.
The City is requesting vendor recommendations and best practices on how to streamline and
consolidate the customer payment experience across all services, and how to reduce reconciliation
challenges through improved integration, standardized payment workfiows, or unifled payment
platforms.
II.4.8 Human Resources
4.8.a. Goals
To improve HR operations, the City’s new ERP system should centralize employee data and automate
workfiows across recruitment, onboarding / offboarding, personnel actions, performance
management, beneflts management, and training. The system should support conflgurable approval
paths, automated notiflcations, and integrated task management across primary HR functions.
Recruitment and position control should be streamlined with role-based access and vacancy
tracking. Additionally, the ERP should support dynamic pay and position structures, mid-cycle salary
and beneflt adjustments, and visibility into the full cost of positions. These improvements would
reduce administrative burden, improve data accuracy, and enhance the employee experience across
the organization.
A native recruitment / applicant tracking systems (ATS) should be able to process position
management, job requisitions, and onboarding. The ATS should be easily conflgurable and include
modern features, such as the ability to text with candidates and the ability for candidates to self-
schedule from pre-deflned interview times. Communication with applicants can be handled through
the system, along with the ability to send and upload attachments. The creation of task lists with
assigned responsibilities for new hire and City staff (e.g., provisioning a laptop, network access, etc.)
will facilitate an efficient onboarding process. Hiring managers should be able to view the status of
their vacancies / candidates on a single dashboard.
Employee flles must be maintained in the ERP with appropriate access permissions. Personnel
actions and performance evaluations should be processed in the ERP and tied directly to employee
records and flles.
Beneflts management and enrollments should be done within the ERP and provide appropriate
feeds/updates to necessary systems. The City will determine if the ERP can manage beneflts
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Request for Proposals for ERP Software and Implementation Services Page 26
enrollment or if the City will continue to use Employee Navigator, in which case there will need to be
sufficient interfaces to facilitate enrollment and maintaining employee deductions.
4.8.b. Process Scope
Human Resources
• Position Management
• Recruitment
• New Hire / Onboarding
• Beneflt Enrollment
• Personnel Actions (Salary
Adjustment / Position Change)
• Personnel Evaluations /
Performance Management
• Training / Certiflcations
• Risk Management (Injury / Workers’
Comp)
4.8.c. Challenges to Solve
Staffing Plan: The City has a three-year staffing plan process and currently tracks staffing requests
using a combination of forms and spreadsheets. The City is interested in solutions for efficiently
managing, tracking, and approving staffing requests over a multi-year period.
II.4.9 Payroll
4.9.a. Goals
The City would like to implement a modern ERP system that enforces time entry rules, restricts
access to appropriate pay codes, and supports automated validations for leave balances. Integrating
scheduling with payroll will be required to streamline shift management and ensure compliance with
staffing policies for operational departments. The system will need to integrate with existing public
safety advanced scheduling systems to eliminate duplicate time entry and improve efficiency for
employees and supervisors. A centralized time approval workfiow with audit trails, mobile access,
and approval reminders, along with delegation of approvals is necessary to enhance accountability
and reduce delays.
Automating payroll calculations, including acting pay, other special pays, and retro adjustments, to
signiflcantly reduce manual effort and the risk of errors is critical. Additionally, integrating deduction
providers and enabling employee self-service for paystubs, tax forms, direct deposit, and beneflt
changes would improve transparency and reduce administrative burden.
The City has complex leave rules, which will need to be conflgured in the system. The process of
requesting and approving leave must be done within the system and provide a more automated
process for leave management, including tracking of accruals and other leave types such as FMLA.
Payroll processing of these complex leave rules will need to be automated.
These enhancements would create a more efficient, accurate, and user-friendly payroll environment.
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Request for Proposals for ERP Software and Implementation Services Page 27
4.9.b. Process Scope
Payroll
• Scheduling (Basic)
• Time Entry & Approval
• Payroll Calculations & Processing
• Retro Pay
• Deductions
• Overtime and Special Pays
• Leave Management & FMLA
4.9.c. Challenges to Solve
Leave Tracking: The City currently relies on a manual process to track certain leave types, such as
FMLA, Paid Parental Leave, Military Leave, and Personal Days. The City seeks solutions for a more
efficient, streamlined process for tracking specialized leave types that improve accuracy, reduces
administrative burden, and enhances transparency between Human Resources, employees, and
supervisors.
II.4.10 Learning Management
4.10.a. Goals
The City seeks a Learning Management module that provides a centralized, intuitive, and fully
integrated platform for delivering, managing, and tracking employee training and development. The
solution should support the creation and maintenance of online and instructor‑led courses,
including the ability to develop curricula, assign required trainings based on position or role, manage
course content, and automate enrollment processes. Employees should be able to easily search for
available courses, register online, receive conflrmations and reminders, and access training
materials through a user‑friendly interface.
In addition, the Learning Management module must provide comprehensive attendance tracking,
certiflcation and license management, and robust reporting on employee training progress and
compliance. Tight integration with the employee record is essential to ensure that training history,
required certiflcations, competencies, and completed courses automatically update the employee
flle and can be leveraged for performance evaluations, career development, and regulatory
reporting. The desired solution will streamline training administration, improve workforce readiness,
and ensure that compliance‑related training requirements are consistently met across the
organization.
4.10.b. Process Scope
Learning Management
• Course Development
• Course Registration
• Course Completion
II.4.11 Grants Management
4.11.a. Goals
The City would like a centralized grants management system that integrates with time entry,
accounting, budget, purchasing, and asset tracking. This system would support automated
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workfiows for grant setup, personnel allocations, and purchase approvals, while enabling project
managers to track tasks, reporting requirements, and performance metrics. Additionally, the system
would support grant closeout procedures, including automatic deactivation of grant-speciflc
accounting segments. These improvements would enhance transparency, reduce manual effort, and
ensure compliance with complex grantor requirements.
The City would like a grants management module, where Grants staff can set up a grant “record” to
record all the expenses, tasks, and documentation required to successfully manage the grant. In
addition, workfiows can be conflgured so that any expense—personnel or goods/services—can
include Grants staff in the workfiow approval and/or notiflcation, allowing them to have improved
visibility into expenses being charged to the grant.
4.11.b. Process Scope
Grant Management
• Grant Initiation
• Grant Management / Monitoring
• Grant Close Out
II.5.0 REPORT SCOPE
The City has identifled a set of critical reports required for go‑live, as documented in Attachment V.3.1
– Reporting. These reports represent the minimum reporting capabilities required to support core
business operations at system go‑live.
Respondents may satisfy these reporting requirements through one or more of the following
methods:
1. Standard, out‑of‑the‑box reports delivered with the proposed system;
2. Conflgurable, ad‑hoc “custom” reporting tools; and/or
3. System‑provided dashboards, analytics tools, or functionality that deliver equivalent
information.
The City expects that all critical reporting capabilities identifled in Attachment V.3.1 and supported
by the Respondent’s proposal are included in the Respondent’s flxed‑fee price proposal, including
conflguration, setup, and knowledge transfer necessary for City staff to use and maintain the reports.
II.6.0 INTERFACE SCOPE
Following ERP implementation, the City will continue to rely on a number of third‑party systems and
integrations to support its business operations. To that end, the City has identifled anticipated
integration requirements in Attachment V.3.2 – Interfaces. These interfaces represent the minimum
integration scope required to support Day One operations.
All in‑scope interfaces are expected to be fully developed, tested, and operational at go‑live, with
successful end‑to‑end data exchange. Respondents shall be responsible for providing technical
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documentation, conflguration details, and knowledge transfer sufficient to enable the City to
understand, support, and maintain the interfaces following go‑live.
The City expects that all interfaces identifled in Attachment V.3.2 and supported by the Respondent’s
proposal are included in the Respondent’s flxed‑fee price proposal, including design, development,
testing, deployment, and documentation.
II.7.0 CONVERSION SCOPE
The City has identifled the data conversion requirements necessary to support operations of the ERP
system, as documented in Attachment V.4.3 – Data Conversions. These data elements represent
what the City believes it requires to successfully operate the system at go‑live but understands
Respondents may have additional or fewer recommendations on the type and volume of data to be
converted.
The City recognizes that Respondents may propose different approaches to data conversion
depending on solution architecture, tools, and implementation methodology. Such approaches may
include Respondent‑led, City‑led, or shared responsibilities for activities such as data extraction,
transformation, loading, testing, and validation.
The City expects that all data conversion activities identifled in Attachment V.4.3 and supported by
the Respondent’s proposal are included in the Respondent’s flxed-fee price proposal, including any
tools, scripts, conflguration, or advisory support required to successfully execute the proposed
conversion approach, provided any optional services are explicitly stated.
II.8.0 IMPLEMENTATION SCOPE
The City recognizes that Respondents may employ different implementation methodologies based
on solution architecture, organizational experience, and delivery approach. Regardless of
methodology, implementation should use a structured, proven implementation approach that has
been successfully applied in comparable public‑sector ERP implementations and strikes an
appropriate balance between Respondent‑led support and City autonomy, enabling City staff to
understand, operate, and sustain the system over time. The methodology must clearly deflne roles
and responsibilities, delineating expectations for both Respondent and City participation throughout
the project lifecycle.
The sections below identify key components of successful implementation.
II.8.1 Project Management
The Primary Firm must implement strong project management methodology practices to ensure
successful delivery of the ERP project according to the agreed-upon schedule. Project management
activities will include, but are not limited to:
a. Oversight for overall project guidance and direction, along with adherence to project
governance and statement of work.
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b. Management of project plan, preparation of project status reports, and lead status
meetings.
c. Management of issue tracking and resolution processes ensuring consistency and
quality of project deliverables.
d. Clear instructions regarding City responsibilities / tasks and communication of what
constitutes successful completion of those responsibilities / tasks.
e. Adequate notice and reasonable timeframes for City‑assigned tasks.
f. Arranging and supporting meeting coordination and logistics, including with other Firms
in a Joint Proposal.
The Primary Firm shall be responsible for managing and coordinating efforts of any proposed
subcontractors or partners included in the Proposal and shall serve as the City’s single point of
contact for overall project delivery.
The Primary Firm shall implement a formal change control process to document, evaluate, and
obtain City approval for any changes to scope, deliverables, or project timelines, ensuring that all
modiflcations are tracked and communicated to the City in a timely manner.
II.8.2 System Design
The City evaluated its business processes and developed proposed future state business processes.
However, the City also understands there may be even more efficient processes to achieve the same
outcomes, so Respondents are expected to propose recommendations for business processes that
achieve City outcomes based on best practices and processes germane to the software solution.
The Functional Requirements for which Respondent’s answered in the affirmative and the City’s
envisioned future state process maps shall be used to assist the City in developing business
processes in the new software. Respondents are expected to assess any functional gaps between
the City’s requirements and the software’s capabilities and provide recommendations of potential
solutions, along with documenting design decisions.
II.8.3 Build / Conflgure
Respondents shall conflgure the proposed solution by incorporating recommendations and
approvals from the System Design effort, including workfiow conflguration, report development,
integrations and interfaces, data conversions, security setup, and approved conflgurations. The City
expects the Respondent to provide knowledge transfer opportunities to the City’s project team
during conflguration.
II.8.4 Testing and Validation
Respondents shall develop and execute a formal test plan, which should include testing approach,
including by different user populations, roles and responsibilities for testing, development of testing
scenarios, and clear deadlines and testing approval processes. Testing shall include traceability
between the testing scenarios and the Functional Requirements. The City expects testing phases to
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 31
include unit/system testing, integration testing, parallel payroll testing, and user acceptance testing.
The Primary Firm shall provide complete testing documentation for all test phases, including test
plans, scenarios, results, issue logs, and formal sign-off from the City before advancing to the next
phase.
II.8.5 Deployment and Postproduction
In this phase, the Respondent is preparing the City for solution deployment, which includes end-user
training, assessing system go-live readiness, assembling a go-live user support plan, system cutover
plan, and flnal acceptance.
8.5.a. Training
Training will play a critical role in the City’s ability to successfully deploy a new ERP solution. Training
shall encompass training guides for all processes, including integrations, delivery of training
sessions, and training approaches for “super” or admin users, end users, and post implementation
self-sufficiency.
Respondents should include a post-implementation support period to include, at minimum, the flrst
period closing after go-live.
II.8.6 Organizational Change Management
The City recognizes that successful adoption of a new Enterprise Resource Planning system requires
thoughtful and sustained organizational change management (OCM) efforts. The City understands
effective change management must be cultivated from within, supported by leadership, embraced
by departments, and embedded into project management, process redesign, and training. For this
implementation, the City expects the selected vendor to provide and assist the City with developing
and executing a change management and stakeholder engagement plan that ensures all relevant
City staff are informed, aligned, and trained on project objectives, timelines, and process changes.
This can take the form of structured guidance, tools, communication support, and other
best‑practice recommendations. The Respondent’s OCM scope should complement internal
responsibilities by helping City staff prepare for new processes, understand the rationale for change,
and develop the skills needed to operate the new system. Respondents should clearly describe the
change‑related activities they will provide and support, the assumptions regarding City participation,
and how their OCM approach reinforces the City’s organizational transformation.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 32
SECTION III. PROPOSAL EVALUATION
III.1.0 EVALUATION COMMITTEE
An Evaluation Committee has been established representing various departments within the City
which shall convene, review, evaluate, and score all valid and responsive proposals submitted based
on the evaluation criteria.
III.2.0 SELECTION PROCESS
The City will use the following evaluation steps:
III.2.1 Compliance
Upon the closing date, the City will evaluate all responses to the RFP that meet the submittal
requirements and deadline. Submittals that do not meet the requirements or deadline will not be
considered.
III.2.2 Proposal Review
The City will complete evaluation of the written proposals according to the criteria outlined in III.3.0.
The evaluation process will include both Blind and Unblind Reviews. The components required in
each submission package are deflned below. The purpose of the Blind Review is to allow evaluators
to assess speciflc portions of each proposal solely on the quality and substance of the response,
without potential bias related to Firm identity. For the Blind Review submission, Respondents must
redact all occurrences of Firm names, logos, branding, or any other identifying information.
Respondents should take particular care to ensure that such identiflers are removed from images,
tables, headers, footers, and any embedded artifacts.
The City will then elevate a limited number of Respondents for Software Demonstrations and
Interviews (Short-Listed Respondents). If any Short-Listed Respondent is unable to participate in
Software Demonstrations and Interviews, or the City feels it would serve the best interests of the City,
it reserves the right to elevate additional Respondents at a later date.
III.2.3 Software Demonstrations and Interviews
Short-Listed Respondents will complete software demonstrations and interviews with the Evaluation
Committee and other City SMEs. Short-Listed Respondents will receive demonstration scripts in
advance of the demonstrations, with each Respondent having the same amount of time to prepare
for the demonstrations. These scripts will highlight the functionality the Evaluation Committee and
SMEs would like to see for each functional area and process and will be substantively the same for
each Respondent. During the demonstrations, Short-Listed Respondents shall adhere to the
demonstration scripts provided and only proposed products in their current versions may be
demonstrated.
The City intends for demonstrations to be conducted over a period of three (3) days (Tuesday –
Thursday) for each Short-Listed Respondent. Short-Listed Respondent’s providing the same
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 33
software may be combined. Following the demonstrations, the Evaluation Committee will score the
Short-Listed Respondents and elevate Finalists to Discovery.
III.2.4 Discovery
After Software Demonstrations and Interviews, each Finalist will receive a Request for Clariflcation
(RFC) letter to clarify parts of the proposal where the Evaluation Committee may have questions or
concerns. Discovery sessions will consist of one day-long, in-person interview per Finalist to address
any questions or concerns and to focus on implementation issues and development of an SOW. The
City expects all key project team members to be available for the Discovery sessions. The City may
also request additional software demonstrations to be recorded in advance of Discovery. The
Evaluation Committee will score the Finalists, and the City will then invite the Selected Vendor to
begin negotiations.
III.2.5 Contract Award
Upon successful negotiations, the contract for this RFP will be approved and awarded by the City
Manager and approved by City Commission. The City reserves the right to negotiate price and
contract terms and conditions with Respondent determined by the Evaluation Committee to
represent the best value for the City to provide the requested service. If a mutually beneflcial
agreement with the highest-ranked Respondent is not reached, the City reserves the right to enter
into contract negotiations with the next highest-ranked Respondent and continue this process until
an agreement is reached.
III.3.0 EVALUATION CRITERIA AND SCORING
For the Proposal Review and Software Demonstrations and Interviews phases, Respondents will
receive a rating from 0 to 5 based on how well the proposal meets the City’s requirements and project
goals for each evaluation criterion. The rating will be converted to points using the following formula:
(Rating ÷ 5) × Total Possible Points for that Criterion
For example, if a criterion is worth 20 points and a Respondent receives a rating of 4, the
Respondent’s score for that criterion will be:
(4 ÷ 5) × 20 = 16 points
All points earned across the criteria in the phase will be summed to produce the Respondent’s total
score for that phase.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 34
Rating Description
5 Proposal exceeds the requirements to achieve the required
scope and / or project goals in most aspects.
4 Proposal more than adequately meets requirements to achieve
the required scope and / or project goals.
3 Proposal adequately meets the requirements to achieve the
required scope and / or project goals.
2
Proposal meets many of the basic requirements to achieve the
required scope and / or project goals but is lacking in some
essential aspects.
1 Proposal is lacking or inadequate in most basic requirements to
achieve the required scope and / or project goals.
0 No or insufficient information / documentation was provided to
achieve the required scope and / or project goals.
III.3.1 Proposal Evaluation
For the Proposal Evaluation, the Evaluation Committee will score Respondents by criteria area.
Respondents will receive points based on the methodology above. The following scoring criteria will
be used.
Submission
Section
Criteria Maximum
Points
1 Respondent Information 5
2 Functional Requirements 30
3 Technical and System Capabilities 20
4 Implementation 30
5 Price Proposal 15
TOTAL: 100
3.1.a. Price Proposal and Budget
The City has allocated up to $3M for implementation, and while proposals over that amount will be
considered, the value realized for the increased cost must be substantial. Respondents’ points for
the Pricing Proposal will be allocated based on the following rubric:
Implementation Price Rating
≤$1,000,000 5
$1,000,001 to $1,500,000 4
$1,500,001 to $2,000,000 3
$2,000,001 to $2,500,000 2
$2,500,001 to $3,000,000 1
$3,000,001 to $3,250,000 0
$3,250,001 to $3,500,000 -1
$3,500,001 to $4,000,000 -2
>$4,000,000 -4
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 35
The City has allocated up to $400,000 for annual software fees, and while proposals over that amount
will be considered, the value realized for the increased cost must be substantial. Respondents’
points for the Pricing Proposal will be allocated based on the following rubric. The rubric will be
applied twice, once on the total 5-year cost, and once on the year 5 annual cost:
Software Price Rating
≤$200,000 5
$200,001 to $250,000 4
$250,001 to $300,000 3
$300,001 to $350,000 2
$350,001 to $400,000 1
$400,001 to $425,000 0
$425,001 to $450,000 -2
>$450,000 -4
III.3.2 Software Demonstrations
For Software Demonstrations, the Evaluation Committee, with input from SMEs, scores the Short-
Listed Respondents by criteria area using the scoring methodology described above. The following
criteria will be used:
Criteria Maximum
Points
1 Software Demonstration 30
2 Technical and System Capabilities 15
3 Implementation Interview 35
4 Pricing 15
5 Compliance with Key Contract Terms 5
TTOTAL: 100
III.3.3 Discovery
For the Discovery Evaluation, the Evaluation Committee, with input from SMEs, will rank order the
Finalists, with the Finalist receiving the most flrst place votes being the Selected Vendor.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 36
SECTION IV. PROPOSAL SUBMISSION REQUIREMENTS
i. General Proposal Requirements
It is the sole responsibility of the Respondent to ensure that Proposals are accurate, free of errors,
and include only the items requested by this RFP. Proposals should be prepared as simply as
possible and provide a straightforward, concise description of the proposed products and services
to satisfy the requirements of the RFP. Attention should be given to accuracy, completeness,
relevance, and clarity of content.
ii. Organization of Proposal
Respondents must organize and present their proposal materials in the same order as presented in
the Submittal Checklist below and include page numbers. Proposals must be submitted in two
separate submission packages that contain information consistent with the City’s evaluation
process. The submission packages are:
I. Submission Package I – Unblind Review
II. Submission Package II – Blind Review
iii. Attachments
Respondents should flll out and include all attachments to this RFP. Attachments shall not be
altered. Alterations to attachments or a failure to follow the guidelines below may result in the
proposal being deemed non-responsive.
a. Respondents shall not change the format or structure of attachments and shall only
provide information where indicated.
i. Microsoft Word attachments may be submitted inline within the body of the
RFP response to assist in readability.
b. Respondents shall not change the flle name of any attachment but may append the
flle name to include the Respondents name (e.g., FileName_CompanyABC).
c. Microsoft Excel attachments should be submitted as Excel flles, in addition to being
included with the overall PDF Submittal Package.
iv. Submittal Checklist
Respondents should use the following checklist to ensure all submittals and attachments are
included in the RFP response. A failure to include all components or exceeding the maximum page
limit1 may result in the proposal being deemed non-responsive.
1 Attachments are excluded from the page limit, but please note that any attachment that allows narrative
response should be answered as concisely as possible.
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Request for Proposals for ERP Software and Implementation Services Page 37
To maintain consistency with the RFP structure and to support an equitable evaluation process,
Respondents must use the same section numbering (i.e., Sections I–V) in both the Blind and Unblind
submission packages. Each submission package must include all section headings, even if the
content for a particular section is provided in only the alternate submission package.
If a section is not required in a particular package, the Respondent must still include the section
heading and clearly note that it is “intentionally left blank; included in the alternate submission
package.”
For example, since section 1 & 2 are included only in the Unblind Submission and section 3 is
included only in the Blind Submission, both packages must still list sections 1-3. In the Unblind
submission, sections 3 would state “Intentionally left blank; included in the alternate submission
package”. In the Blind submission, sections 1-2 would state “Intentionally left blank; included in the
alternate submission package”.
See below for a table listing the requirements of each Submission Package.
Submission Package I – Unblind Review
Response Section Relevant Attachment Page
Limit1
Section 1 – Respondent Information
Title Page 1
Table of Contents N/A
Executive Summary 2
Respondent Team Attachment V.1.1 – Signature Page
Attachment V.1.2 – Attachment 1.2 –
Nondiscrimination and Equal Pay Affirmation
Attachment V.1.3 – Attachment 1.3 – Respondent
Statement
Attachment V.1.4 – Attachment 1.4 – Software
Background
Attachment V.1.5 – Attachment 1.5 – Professional
Services Background
Attachment V.1.6 – Attachment 1.6 – Reference Form
3
Section 2 – Functional Requirements
**INTENTIONALLY LEFT BLANK** N/A
Section 3 – Technology & System Capabilities
Technology &
Capabilities
Attachment V.3.3 – Attachment 3.3 – Solution
Information
Attachment V.3.4 – Attachment 3.4 – System-Wide
Software Capabilities
Attachment V.3.5 – Attachment 3.5 – Proposed
Service Level Agreement
10
Reporting Attachment V.3.1 – Attachment 3.1 – Reporting 3
Interfaces Attachment V.3.2 – Attachment 3.2 – Interfaces 3
Section 4 – Implementation Approach
**INTENTIONALLY LEFT BLANK** N/A
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 38
Section 5 – Pricing
Price Proposal Attachment V.5.1 – Price Proposal 3
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 39
Submission Package II – Blind Review
Response Section Relevant Attachment Page
Limit1
Section 1 – Respondent Information
Title Page 1
Table of Contents N/A
**INTENTIONALLY LEFT BLANK** N/A
Section 2 – Functional Requirements
Functional
Requirements
Attachment V.2.1 – Functional Requirements 3
Section 3 – Technology & System Capabilities
**INTENTIONALLY LEFT BLANK** N/A
Section 4 – Implementation Approach
Implementation Team Attachment V.4.1 – Work Effort 5
Implementation
Approach
Attachment V.4.2 – Attachment 4.2 – Deliverables
Expectations
Attachment V.4.4 – Attachment 4.4 – Project
Management Expectations
Attachment V.4.5 – Attachment 4.5 – Challenges to
Solve
Attachment V.4.6– Attachment 4.6 – Key Contract
Terms
8
Data Conversions Attachment V.4.3 – Data Conversions 3
Section 5 – Pricing
**INTENTIONALLY LEFT BLANK** N/A
For attachments that are part of the Blind Review submission package, please ensure identifying
information is not included in the attachments.
IV.1.0 RESPONDENT INFORMATION
The introductory material should include a title page with the RFP name, name of the Respondent,
address, contact information, date, and all other relevant subsections and attachments noted in the
Submittal Checklist.
IV.1.1 Executive Summary
The Executive Summary should be limited to a brief narrative summarizing the proposal and within
the page limit, including why the Respondent is best suited to complete the project for the City while
helping it achieve its project goals.
IV.1.2 Respondent Team
This section shall identify and provide a concise summary of the Respondent, including all Firms
providing software or professional services as part of this proposal. The response should highlight
the Respondent’s experience delivering similar projects, including the relevant attachments.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 40
IV.2.0 FUNCTIONAL REQUIREMENTS
The Functional Requirements describe the software scope of the overall project and the
requirements for each functional area. Responses to the Functional Requirements shall identify
the scope of system conflguration that will be accepted by the City as part of the project.
The Functional Requirements are a material component of the proposal evaluation and will allow the
City to determine if a Respondent can adequately support the City in meeting its project goals
identifled in II.4.0. Respondents should accurately refiect the ability of the proposed solution to meet
a speciflc requirement. The inability to provide some requirements or excluding some requirements
from scope may affect scoring but will NOT eliminate the Respondent from contention. However,
failure to accurately portray a software’s capability may result in disqualification. If
Respondents are unsure or unclear on the description of a speciflc requirement, please send a
question or request for clariflcation by the deadline noted in I.4.0. The requirements responses
submitted will become part of the agreement.
For the avoidance of doubt, all affirmative responses to the Functional Requirements shall be
designed, configured, and implemented unless a satisfactory workaround or other mutually
agreed solution is determined, or if any requirements are descoped by mutual consent. Failure
to do so may result in the City seeking remedial action.
Please see Attachment V.2.1– Functional Requirements. Instructions for completing the responses
to the functional requirements are included in the attachment.
IV.3.0 TECHNOLOGY AND SYSTEM CAPABILITIES
Respondents shall provide a narrative description of the proposed ERP solution’s technology
architecture and system capabilities, including any technical requirements necessary to operate,
secure, and support the system. This section should describe the solution at a level sufficient for the
City to understand the overall technological approach, operational implications, and long‑term
sustainability of the system. Respondents must clearly describe how their proposed solution meets
the City’s requirements and supports reliable, secure, and efficient operations in a public‑sector
environment.
In addition to completing the relevant attachments, Respondents should address areas including
but not limited to:
i. Hosting and deployment model, including speciflc hosting services, deployment
options (e.g., cloud‑based, SaaS), and any assumptions regarding environment
management.
ii. Technology infrastructure, including system architecture, supported platforms,
database type, and technical dependencies.
iii. Application and data security, including security controls, compliance standards,
and data protection measures
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 41
iv. User setup, authentication, and access management, including role‑based access,
authentication methods, and user administration processes
v. System workfiows and transactions, including how business processes are
supported, conflgured, and controlled within the system
vi. Audit and logging capabilities, including system auditing, transaction tracking, and
monitoring features
vii. Application support services, including service desk support, escalation procedures,
and support hours.
viii. System reliability and availability, including service level commitments and
monitoring practices
ix. Scheduled maintenance and notiflcations, including maintenance windows,
upgrade processes, and user communications
x. Hosting service exit strategy, including data portability, transition support, and
termination considerations
xi. Backup and data retention, including backup frequency, retention policies, and
recovery procedures
xii. Disaster recovery and business continuity, including recovery objectives, failover
capabilities, and testing practices
Respondents should also complete Attachment V.3.3 – Attachment 3.3 – Solution Information,
Attachment V.3.4 – Attachment 3.4 – System-Wide Software Capabilities, and Attachment V.3.5 –
Attachment 3.5 – Proposed Service Level Agreement.
IV.3.1 Reporting
Reporting is a key component of City management, and the City will rate favorably systems that have
an intuitive, no- or low-code report design, as well as systems that provide tools for standard public
sector reports (e.g., ACFR flnancial statements, budget to actuals, trial balance, etc.). The City also
wishes to create customized reports and dashboards using vendor available tools or other third-
party solutions like SQL or Power Query. Respondents shall describe their overall approach to
delivering reporting and analytics capabilities within the proposed ERP solution, including
capabilities for dashboards, source data drilldown, and report sharing and exporting.
Respondents should describe how reporting requirements are analyzed, designed, conflgured,
tested, and validated as part of the implementation. This description should include how standard
reports, dashboards, and ad-hoc or self-service reporting capabilities are provided, and how users
are enabled to access and analyze data without reliance on vendor intervention or custom
development, where feasible.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 42
The City has identifled critical reports important to the organization. For each report identifled in
Attachment V.3.1, Respondents shall indicate whether the report can be provided and describe the
method by which it would be delivered. All reports for which a Respondent indicates an affirmative
response are expected to be available, tested, and accessible to City users at go‑live and included in
the flxed fee price proposal. Instructions for completing the responses to the functional
requirements are included in the attachment.
Respondents shall provide training, user manuals, and documentation that clearly describe the
structure of underlying tables, relationships, and data elements used for reporting. This
documentation should enable City staff to create, modify, and maintain custom reports and
dashboards using SQL or Power Query, without reliance on vendor intervention.
IV.3.2 Interfaces
Respondents shall describe their overall approach to designing, developing, testing, deploying, and
supporting interfaces between the proposed ERP solution and third‑party systems. The City
recognizes that Respondents may utilize different architectures, tools, and methodologies, but
Respondents must demonstrate a structured, proven approach suitable for public‑sector ERP
implementation.
Describe the Respondent’s design standards, development lifecycle, testing protocols, and
deployment practices, including how interfaces are validated to ensure accurate, secure, and
reliable data exchange, as well as the tools, platforms, or middleware used to develop and manage
interfaces.
Additionally, describe the respective roles and responsibilities of the Respondent, the City, and any
third‑party vendors involved in interface development, as well as how interfaces are conducted.
Describe the documentation to be provided for interfaces and the approach to knowledge transfer to
City staff to support ongoing maintenance and troubleshooting following go-live.
For each interface identifled in Attachment V.3.2, Respondents shall indicate whether the interface
can be supported and describe the proposed integration approach. Any interface for which a
Respondent provides an affirmative (“Yes”) response shall be considered in scope and included in
the flxed fee price proposal.
If additional interfaces are proposed, please add them and indicate how they will be implemented.
The interface plan proposed by the Respondent shall be included in the flxed fee price proposal. The
City acknowledges that additional interfaces not included in the attachment may require a change
order and an additional fee.
IV.4.0 IMPLEMENTATION TEAM & APPROACH
IV.4.1 Implementation Team
Respondents shall provide a general description of their proposed project team, including major
roles and responsibilities for each resource (this does not need to include individual names but shall
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 43
include speciflc roles on the project team and a description of responsibilities) and approximate
dedication of each resource to this project and approximate time spent on-site.
Respondents shall also complete Attachment V.4.1 – Work Effort. Follow the instructions on the flrst
tab of the attachment to complete the Respondent Staffing and Client Staffing tabs. For each row,
please indicate the Phase, Resource Type, Role, and number of hours per month the resource is
expected to be utilized.
IV.4.2 Implementation Approach
Respondents shall describe their overall approach to implementing the proposed ERP solution,
including the methodology, structure, and governance used to deliver a successful public‑sector ERP
implementation, including considerations for the implementation scope described in II.8.0.
The City expects and Respondents should describe their experience with an implementation to
follow a deliverable‑based approach, with clearly deflned deliverables, acceptance criteria, and
review cycles, with all major deliverables subject to City review and formal acceptance. Additionally,
the City expects Respondents to incorporate appropriate stage gates or phase checkpoints,
including readiness assessments, to validate that agreed‑upon objectives, deliverables, and
acceptance criteria have been met before proceeding to subsequent phases or milestones.
Respondents shall describe how their proposed implementation approach accounts for City
resource availability and constraints, including staffing capacity, competing priorities, and the
operational realities of a public‑sector environment. Respondents should identify the types and level
of City resources required throughout the implementation. Respondents shall also identify
anticipated implementation risks, as the City is particularly interested in understanding how
Respondents proactively identify and manage risks and adjust project plans as conditions change.
The implementation approach should also provide a proposed project timeline and any key
considerations that could impact that timeline, as well as describe the Respondent’s approach to
on-site vs remote implementation activities and events.
Respondents should also complete Attachment V.4.2 – Attachment 4.2 – Deliverables Expectations,
Attachment V.4.4 – Attachment 4.4 – Project Management Expectations, Attachment V.4.5 –
Attachment 4.5 – Challenges to Solve, and Attachment V.4.6 – Attachment 4.6 – Key Contract Terms.
IV.4.3 Data Conversions
Respondents should describe their overall approach to data conversion from the City’s existing
systems into the proposed ERP solution. The narrative should describe how data conversion
activities are planned, executed, tested, and validated throughout the implementation. Respondents
should address how data is identifled, extracted, mapped, transformed, and loaded into the
proposed system, and clearly explain the City’s role in providing data extracts, data cleansing, data
validation, or data governance decisions.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 44
In addition to converting data into the new ERP, the City would also like to understand the
Respondent’s experience and approach to managing existing system data that is not being converted
(e.g., data warehouse, etc.).
Respondents shall complete responses to the conversion requirements in Attachment V.4.3 –
Attachment 4.3 – Data Conversions. If the Respondent proposes additional items to be converted,
please add them to the attachment. Instructions for completing the responses to the functional
requirements are included in the attachment. The conversions the Respondent determines to be in
scope shall be included in the flxed fee price proposal.
IV.5.0 PRICE PROPOSAL
Respondents shall submit price proposals using the format provided in Attachment V.5.1 –
Attachment 5.1 – Price Proposal to refiect the total price of software, services, and any other
associated fees. To ensure proper evaluation and price comparison,
i. All pricing must be submitted as flxed fee by milestone. Costs listed as “to-be-
determined” or “estimated” will not be evaluated. All costs and prices shall be
quoted in U.S. dollars.
ii. Respondents should include all software modules and state any limitations on
module use. If no limitations are listed, the City will consider that pricing is based on
full enterprise-wide access for the City.
iii. Identify major milestones as part of the project and the associated costs to be
invoiced upon completion of each milestone. Please provide a schedule of all
payments necessary to complete the proposed scope. Additional details may be
provided to further explain deliverable or task costs.
iv. Respondents must submit implementation costs as fully loaded rates that include all
necessary travel or other expenses. By submitting a proposal, all Respondents
acknowledge that all pricing (including travel) must be a flxed fee or included in the
implementation milestones.
v. Respondents shall include any assumptions made about the price proposal and
provide clarity on what actions would cause an executed contract to be delivered and
a price higher than that in the Price Proposal.
To support the development of accurate and competitive flxed‑fee pricing, the City has provided a
set of key data metrics in Appendix A to assist Respondents in understanding the relative volume,
scale, and complexity of the City’s current environment and anticipated implementation effort.
Respondents shall consider the information in Appendix A in their flxed fee pricing proposals.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 45
SECTION V. ATTACHMENTS
V.1.0 RESPONDENT INFORMATION
V.1.1 Attachment 1.1 – Signature Page
Each Firm shall complete the Signature Page.
I acknowledge that I have read and understand the RFP documents.
I hereby certify that the information submitted by the Firm in response to this RFP, including pricing
and other information, is true and accurate.
I hereby certify that the Firm is independent of the City of Bozeman and is unaware of any potential
confiicts of interest if it were selected to perform the requested work.
I hereby certify that I am authorized to bind the Firm in a contract.
The undersigned Firm having examined this RFP and having full knowledge of the condition under
which the work described herein must be performed, hereby proposes that the Respondent will fulflll
the obligations contained herein in accordance with all instructions, terms, conditions, and scope of
requested services set forth; and that the Respondent will furnish all required products/services and
pay all incidental costs in strict conformity with these documents, for the stated prices as proposed.
Submitting Firm: Click to enter text. Primary Firm ☐
Address: Click to enter text.
City: Click to enter text. State: Click to enter text. Zip: Click to enter text.
SAM.gov UEI Number: Click to enter text.
Authorized Representative: Click to enter text. Title: Click to enter text.
Click to enter date.
Signature Date
Primary Contact for Firm
Name: Click to enter text. Title: Click to enter text.
Email: Click to enter text. Phone: Click to enter text.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 46
V.1.2 Attachment 1.2 – Nondiscrimination and Equal Pay Affirmation
Each Firm hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age,
marital status, national origin, or because of actual or perceived sexual orientation, gender identity
or disability and acknowledges and understands the eventual contract will contain a provision
prohibiting discrimination as described above and this prohibition on discrimination shall apply to
the hiring and treatments or proposer’s employees and to all subcontracts.
The Respondent hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA
(the Montana Equal Pay Act).
Click to enter date.
Signature of Respondent’s Authorized Official Date
Click to enter text. Click to enter text.
Name of Person Signing (Print) Title of Person Signing (Print)
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 47
V.1.3 Attachment 1.3 – Respondent Statement
By submitting a response, the Respondent acknowledges that all Firms associated with the
Respondent have acquainted themselves with the terms, scope, and requirements of the project
based on the information contained in this RFP and any addendums. Any failure by the Respondent
to acquaint themselves with available information will not relieve them from the responsibility for
estimating properly the difficulty or cost of successfully performing the work available. The City is not
responsible for any conclusions or interpretations made by the Respondent on the basis of the
information made available by the City.
Proposals that do not acknowledge addendums may be rejected.
The following addendums are acknowledged by the Respondent and refiected in our response.
Addendum Initials
Click or tap here to enter text. Click or tap here to enter text.
Authorized Agent Name Title
Click to enter a date.
Authorized Agent Signature Date
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 48
V.1.4 Attachment 1.4 – Software Background
Complete one form for each software provider included in the proposal.
Product Information
Software product name (commercial name):
Legal owner/licensor of software (if different):
Software History
Date of flrst commercial release:
Current major version number:
Year current core architecture was
introduced:
Frequency of major releases: (e.g., annual,
quarterly)
Identify any predecessor products or
re‑platforming events:
Current Version
Top flve (5) functional enhancements
introduced in the current version:
1
2
3
4
5
Key functional, architectural, or platform
changes over the last three (3) years that
materially impact customers:
1
2
3
4
5
Identify the most signiflcant functional or
technical limitation of the current software
relevant to this RFP or experienced by similar
clients:
Third-Party Products
List any third-party products embedded in the
software: (Product name, purpose, can be
removed or substituted?)
Third-party products recommended but not
embedded: (Product name, purpose,
required/optional, additional costs)
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 49
V.1.5 Attachment 1.5 – Professional Services Background
Complete one form for each Firm responsible for implementation delivery included in the proposal.
Respondent Background ☐ Primary Firm
Legal company name:
Corporate headquarters location:
Offices supporting ERP delivery (by region):
Estimated percentage of ERP delivery
resources located in US vs offshore:
Firm History
Year Firm established (under current legal
structure):
Previous Firm names, mergers, or
acquisitions in last 10 years:
Previous names and successor Firms:
Current and Recent Projects
List up to flve (5) current or recent projects
that provided relevant experience:
1
2
3
4
5
Firm’s primary target market for ERP
implementation services (e.g., industry,
organization size, complexity):
Describe how this project aligns with that
target market:
Identify three (3) key lessons learned from
recent ERP implementations and describe
how each will be speciflcally applied to this
project:
1
2
3
Size
Number of ERP implementation projects
completed in the past flve (5) years:
Number of ERP implementations currently in
progress:
Consulting Team
Total size of ERP consulting practice:
(excluding non-ERP consultants)
Average annual attrition rate (# of leaves /
average # of employees) of ERP consultants:
Proposed project team size:
Average ERP implementation experience of
proposed team members:
Average tenure with Firm for proposed
consulting team:
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 50
V.1.6 Attachment 1.6 – Reference Form
Please provide at least three (3) references for past projects that include products and services
similar to those proposed for this RFP and of comparable organizations. Each flrm should provide
one set of references. Please provide at least one reference based in Montana if possible.
NOTE: Responses stating that references will be provided at a later time shall be deemed non-responsive.
Firm Name: Click or tap here to enter text.
References ☐ Primary Firm
Name of product:
Name of client:
Client’s employee
count: Client’s annual
operating budget:
Contact name: Contact title:
Contact email: Contact phone:
Project Scope (check boxes for which implementation was conducted)
Financials
☐ General Ledger ☐ Project / Grant Accounting ☐ Budgeting
☐ Purchasing ☐ Accounts Payable ☐ Solicitation Management
☐ Contract Management ☐ Asset Management ☐ Inventory
☐ Work Orders ☐ Accounts Receivable ☐ Point of Sale
☐ Treasury ☐ Grants Management
Human Capital Management
☐ Position Management ☐ Recruitment ☐ Employee File / Management
☐ Scheduling (Basic) ☐ Time Entry ☐ Leave Management
☐ Payroll ☐ Beneflts Management ☐ Employee Reimbursement
☐ Risk Management ☐ Learning Management ☐ FMLA Management
Deployment
☐ On-premise ☐ Private Cloud ☐ SaaS
Implementation duration:
Planned Go-Live Date: Actual Go-Live Date:
Describe Roll on Project:
Project Challenges:
Major Accomplishments:
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 51
V.2.0 FUNCTIONAL REQUIREMENTS
V.2.1 Attachment 2.1 – Functional Requirements
(See Excel Attachment V.2.1– Functional Requirements)
The Functional Requirements describe the software scope of the overall project and the
requirements for each functional area. Responses to the Functional Requirements shall identify
the scope of system conflguration that will be accepted by the City as part of the project.
The Functional Requirements are a material component of the proposal evaluation and will allow the
City to determine if a Respondent can adequately support the City in meeting its project goals
identifled in II.4.0. Respondents should accurately refiect the ability of the proposed solution to meet
a speciflc requirement. The inability to provide some requirements or excluding some requirements
from scope may affect scoring but will NOT eliminate the Respondent from contention. However,
failure to accurately portray a software’s capability may result in disqualification. If
Respondents are unsure or unclear on the description of a speciflc requirement, please send a
question or request for clariflcation by the deadline noted in I.4.0. The requirements responses
submitted will become part of the agreement.
For the avoidance of doubt, all affirmative responses to the Functional Requirements shall be
designed, configured, and implemented unless a satisfactory workaround or other mutually
agreed solution is determined, or if any requirements are descoped by mutual consent. Failure
to do so may result in the City seeking remedial action.
Respondents should indicate their responses to the City’s functional requirements. The Instructions
tab on the spreadsheet provides guidance on completing the attachment.
Though this component is part of the Blind Review, please do include the Module / System name in
the appropriate column. This will be redacted during the Blind Review but will be important for the
City to know as the evaluation process progresses.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 52
V.3.0 TECHNOLOGY AND SYSTEM CAPABILITIES
V.3.1 Attachment 3.1 – Reporting
(See Excel Attachment V.3.1 - Reporting)
The City has identifled critical reports important to the organization. This represents the reports
currently run by the City, and the City acknowledges that not all these reports may be needed,
required, or available in a new system. For each report identifled in Attachment 3.1, Respondents
shall indicate whether the report or information provided in the report can be provided and describe
the method by which it would be delivered. All reports for which a Respondent indicates an
affirmative response are expected to be available, tested, and accessible to City users at go‑live and
included in the flxed fee price proposal. Instructions for completing the responses to the functional
requirements are included in the attachment.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 53
V.3.2 Attachment 3.2 – Interfaces
(See Excel Attachment V.3.2 - Interfaces)
For each interface identifled in Attachment V.3.2, Respondents shall indicate whether the interface
can be supported and describe the proposed integration approach. Any interface for which a
Respondent provides an affirmative (“Yes”) response shall be considered in scope and included in
the flxed fee price proposal.
If additional interfaces are proposed, please add them and indicate how they will be implemented.
The interface plan proposed by the Respondent shall be included in the flxed fee price proposal. The
City acknowledges that additional interfaces not included in the attachment may require a change
order and an additional fee.
The Instructions tab on the spreadsheet provides guidance on completing the attachment.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 54
V.3.3 Attachment 3.3 – Solution Information
Please respond to the questions and statements below regarding general solution information.
Responses should describe capabilities available in the current generally available version of the
proposed system. Please provide responses as concisely as possible.
General
Proposed solution type. Choose an item.
Authentication
Does the solution support Single Sign‑On
(SSO)? If yes, identify supported standards
(e.g., SAML 2.0, OpenID Connect, OAuth
2.0):
Does the solution support LDAP or Active
Directory integration?
Does the solution support Multi‑Factor
Authentication (MFA)? If yes, describe
supported MFA methods (e.g., SMS,
authenticator app, etc.):
Can MFA be enforced by role or user
group?
Data Center & Hosting
Describe the hosting model:
Identify the primary responsibility for
infrastructure management: (Vendor /
Third party / Customer)
List primary and secondary data center
locations (region/country):
Will the data for this project be located
within the continental United States?
Identify any third‑party providers used for
PaaS or IaaS (e.g., AWS, Azure, GCP) and
describe the Respondent’s contractual
relationship with these providers:
List each proposed environment (e.g.,
Production, Test, UAT, Training) and its
purpose. Are environments logically or
physically segregated?
Describe how the system scales to
support growth in users, transactions, and
data volume:
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 55
List data center audit certiflcations held
(e.g., SOC 1/2 Type II, ISO 27001):
Data & Privacy
Describe the Information Security
Management System (ISMS) governing the
solution:
Is the solution ISO 27001 certifled?
Identify ownership of all customer‑
provided and customer‑generated data:
Describe how the software provider may
use customer data (if at all):
Describe supported mechanisms for
exporting customer data upon request or
contract termination, including exportable
formats:
Specify any fees, timelines, or limitations
associated with data extraction:
Describe incident response processes for
data breaches:
Customer responsibilities during a breach
event (if any):
What is your process when someone
subpoenas or requests our data from you
as a vendor?
Security
Describe how user roles and access
permissions are deflned and maintained:
Describe support for the Principle of Least
Privilege (PoLP):
Describe login and session management across
system modules:
Describe encryption standards used for data at
rest and data in transit:
How is City data kept separate and secure from
other customers, including any PII (Personally
Identiflable Information) that may be gathered?
Describe the system’s PCI compliance for
credit card transactions:
How is application‑level encryption supported
for sensitive flelds?
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 56
Security
Describe how user security changes are
requested, approved, and audited:
Describe system health and availability
monitoring mechanisms:
Describe alerting and escalation processes for
security and availability events:
System Support & Maintenance
Describe procedures for handling system
outages and user‑reported issues:
Describe escalation paths for unresolved
critical incidents:
Describe how customers are notifled of
incidents and outages:
Frequency of status updates during incidents:
Updates & Roadmap
Describe the frequency of software
releases (major and minor):
Advance notice period provided before
production updates:
Are updates mandatory or optional?
Are customers able to defer updates? If
so, for how long?
Customer testing window prior to
mandatory updates:
Describe the process for submitting,
prioritizing, and tracking
customer‑requested enhancements:
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 57
V.3.4 Attachment 3.4 – System-Wide Software Capabilities
Please respond to the questions and statements below regarding general system capabilities.
Responses should describe capabilities available in the current generally available version of the
proposed system. Please provide responses as concisely as possible.
Accessibility
Describe the system’s compatibility with
desktop browsers, tablets, and mobile devices:
Are all core system functions accessible via
mobile devices, or are some functions limited
to desktop? If not, which ones?
Describe compliance with accessibility
standards (e.g., WCAG 2.1 Level AA, Section
508):
Describe how the system ensures that ACFR
and Budget reports—both system generated
and exported formats—meet accessibility
standards:
Attachments & Document Management
Describe the system’s ability to attach
documents to business transactions:
Describe the system’s ability to search for
attachments within the application:
Describe any OCR capabilities regarding
attachments, including invoices:
Describe the system’s ability to integrate with a
third-party document management system to
support attachments to business transactions:
Describe retention, archival, and purge
capabilities for attached documents:
Audit
Describe transaction‑level auditing capabilities,
including which events can be tracked:
Describe the ability to conflgure audit logging by
transaction type, user role, or data element:
Describe how audit logs are secured, retained,
and protected from alteration:
Describe how the system tracks security
changes (e.g., role changes, permission
updates):
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 58
Describe reporting and alerting capabilities
based on audit activity:
Data
Describe the system’s fiexibility to add data
flelds to records and transactions, including
any impacts on reporting and updates:
Describe how the system supports future-dated
and back-dated changes:
Describe data validation rules and controls to
ensure data quality:
Describe data retention, archival, and purging
capabilities:
Transactions
Describe how the system supports exporting,
importing, and inputting templates to enter
routine, recurring, or frequent transactions:
Describe the system’s ability to support the
uploading of transactions / data from third-
party systems, including supported formats and
validation rules:
Describe the ability to save transactions in draft
status for later editing and posting.
Describe the system’s ability to add notes /
comments to transactions (e.g., vendor flle,
POs):
Describe how corrections or reversals of posted
transactions are handled:
Workfiow
Describe how workfiow rules are deflned and
conflgured, including role‑based,
amount‑based, and attribute‑based (e.g., fund,
department, union):
Describe support for multi‑level and parallel
approvals:
Describe how workfiow changes are governed:
Describe how users are notifled of required
actions:
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 59
Workfiow
Describe the system’s ability to support
communications within the system to reduce
emails:
Describe the user’s ability to view workfiow
status, history, and pending actions:
Describe the system’s ability to support
alternate / temporary designated approvers:
Describe escalation rules and notiflcations
when an approver does not respond:
Describe reporting available for workfiow
bottlenecks and approval cycle times:
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 60
V.3.5 Attachment 3.5 – Proposed Service Level Agreement
Please complete the following table identifying proposed service level guarantees. For each service,
please indicate the metric used to measure the service quality, the proposed requirement (target for
service), and the proposed remedy/penalty if guarantee is not met.
Proposed Service Level Guarantees
Service Metric Requirement/
Guarantee
Remedy if Not Met
System Availability
(Unscheduled Downtime)
System Response
(Performance)
Issue Response Time
Issue Resolution Time
Recovery Point Objective
(RPO)
Recovery Time Objective
(RTO)
System Data Restore
Implementation of System
Patches
Notiflcation of Security
Breach
Please list other proposed
service levels
Proposed Service Level Guarantees
Deflne the metric used to calculate availability
contained within the contract SLA:
How is performance against service levels
reported to the City?
Please describe how the City will be able to
monitor system performance through system
performance reports, including:
a. System Availability/Uptime
b. Response Time/Performance
c. Throughput/Transaction Rate
d. System Logs (Startup time, error logs,
users access)
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 61
Cyber Liability
In the event of a cyber-incident, please deflne
liability for the City and vendor including any
proposed mitigation services provided by
vendor
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 62
V.4.0 IMPLEMENTATION
V.4.1 Attachment 4.1 – Work Effort
(See Excel Attachment 4.1 – Work Effort)
Respondents should complete the attachment regarding the level of effort for both the Respondent
and the City for the project. The Instructions tab on the spreadsheet provides guidance on
completing the attachment.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 63
V.4.2 Attachment 4.2 – Deliverables Expectations
(See Excel Attachment V.4.2– Deliverables Expectations)
Respondents should complete the attachment regarding deliverables expectations for the project.
Please note there are two tabs to complete. The Instructions tab on the spreadsheet provides
guidance on completing the attachment.
The deliverables noted in the Deliverable Summary tab will be included in the SOW and will inform
the milestones that trigger payments.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 64
V.4.3 Attachment 4.3 – Data Conversions
(See Excel Attachment V.4.3 – Attachment 4.3 – Data Conversions)
Respondents should complete the attachment regarding data conversions for the project. If
additional interfaces are proposed, please add them. The Instructions tab on the spreadsheet
provides guidance on completing the attachment.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 65
V.4.4 Attachment 4.4 – Project Management Expectations
(See Excel Attachment V.4.4- Project Management Expectations)
Respondents should complete the attachment regarding project management for the project. The
Instructions tab on the spreadsheet provides guidance on completing the attachment.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 66
V.4.5 Attachment 4.5 – Challenges to Solve
The City has identifled a set of key challenges related to its current environment. Respondents are
requested to review each identifled challenge and describe how their proposed solution and
implementation approach would address the challenge. Responses should be speciflc to the City’s
stated challenges and should refiect the Respondent’s understanding of municipal ERP
environments and best practices.
Accounting
Challenge Historical Data: The City understands that all of its accounting data and
supporting documentation will not be converted as part of this project.
However, it is interested in understanding how Respondent’s suggest entities
manage their historical data that is not converted, especially for data still
subject to open records requests.
Response
Budget
Challenge Biennium Budgeting: The City adopts a biennial budget in which Year 1 serves
as the annual operating budget. Due to state law requirements to adopt an
annual budget, the City must subsequently adopt the Year 2 budget, including a
reconciliation of Year 2 with the budget originally adopted in the prior biennium.
The City is seeking Respondents’ recommendations on how their solution can
streamline and improve this process, including support for multi-year and
annual budget adoption, reconciliation between budget cycles, and integration
of the CIP and the City’s three‑year staffing plan.
Response
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 67
Procure to Pay
Challenge Aggregate Purchase Limits: The City must ensure that all purchasing activity
complies with established competitive bidding thresholds and procurement
policies. Under current processes, departments may inadvertently or
intentionally divide a larger purchase into multiple smaller requisitions or
purchase orders (“purchase splitting”) to avoid triggering formal solicitation
requirements. The City seeks on how the system can prevent purchase splitting
and ensure adherence to competitive bidding thresholds.
Response
Challenge Public Notiflcation: To support transparency and meet the requirements of State
Law, the City posts contracts, purchase orders, and payment data to its public
facing website. The City seeks a Respondent to assist the City in achieving these
transparency needs.
Response
Challenge Contractor Receiving: The City allows contractors (non-employees) to order
supplies on its behalf for certain services (e.g., janitorial) and receive them for
City use. The City seeks recommendations on how to allow contractors to use
components of the purchasing functionality while maintaining appropriate
workfiow approvals.
Response
Challenge Employee Reimbursement: The City seeks Respondent best practice
recommendations for employee reimbursements (i.e., through payroll or AP),
including travel reimbursements, claw back of travel advances as needed, and
other ad-hoc employee reimbursements.
Response
Challenge Employee Purchase: The City allows employees to purchase personal IT
equipment and wellness beneflts through the City’s purchasing agreements.
The City purchases the item, and the employee reimburses the City, either
through a single payroll deduction or a payment plan. The City seeks
recommendations on the most efficient way to facilitate this repayment,
particularly when using a payment plan and automatic payroll deductions.
Response
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 68
Asset Management
Challenge GIS Integration: The City maintains a centralized geospatial database that will
serve as the system of record for all geospatial data across the organization.
Multiple business processes rely on this data, and it is critical that information
remains accurate, consistent, and aligned across systems.
The City seeks Respondents’ recommendations on how their ERP solution can
successfully integrate with the City’s GIS system to support shared data
elements and business workfiows while minimizing duplicative data entry and
reducing the risk of data becoming misaligned across systems. Respondents
should describe how their solution would support effective data
synchronization, clearly deflned system‑of‑record responsibilities, and ongoing
data integrity between the ERP and GIS environments.
Response
Challenge Contributed Capital: As a growing City, infrastructure is often donated as part of
the development process. The City has challenges managing contributed
capital as it relates to additions, valuations, and replacements. Respondents
should describe their approach to managing contributed capital, especially as
it relates to capital asset reporting.
Response
Customer Billing
Challenge Special Assessments: The City bills special assessments to property owners
within certain deflned geographic areas (e.g., lighting districts or improvement
districts). Assessments may be calculated based on various property‑speciflc
attributes (such as square footage or linear frontage) and are typically billed
once or twice per year. The existing ERP and permitting system (NaviLine) is the
City’s primary source for parcel information including square footage. Property
owners may make periodic payments over time or elect to pay the assessed
amount in a lump sum.
The City recognizes that management of special assessment billing may fall
within either an ERP or a Utility Billing solution, depending on system
capabilities and conflguration. The City is seeking Respondents’
recommendations on how their proposed solution would support the
calculation, billing, payment tracking, and payoff of special assessments,
including how these processes would integrate with other City flnancial and
customer billing functions, if applicable.
Response
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 69
Treasury
Challenge Disparate Payment Systems: The City has multiple systems for payments. For
example, payments of parking permit require the transaction to take place on a
separate, dedicated register. This results in a suboptimal customer experience
as a customer at the treasury window would have to make two payments to pay
for their parking permit and their utility bill. This can also lead to reconciliation
challenges.
The City is requesting vendor recommendations and best practices on how to
streamline and consolidate the customer payment experience across all
services, and how to reduce reconciliation challenges through improved
integration, standardized payment workfiows, or unifled payment platforms.
Response
Human Resources
Challenge Staffing Plan: The City has a three-year staffing plan process and currently
tracks staffing requests using a combination of forms and spreadsheets. The
City is interested in solutions for efficiently managing, tracking, and approving
staffing requests over a multi-year period.
Response
Payroll
Challenge Leave Tracking: The City currently relies on a manual process to track certain
leave types, such as FMLA, Paid Parental Leave, Military Leave, and Personal
Days. The City seeks solutions for a more efficient, streamlined process for
tracking specialized leave types that improve accuracy, reduces administrative
burden, and enhances transparency between Human Resources, employees,
and supervisors.
Response
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 70
Implementation
Challenge Procurement Change Management and Training: Effective change management
will be essential to ensure long-term adoption of a modern ERP purchasing
module. Currently, purchasing processes vary signiflcantly across the
organization, and many departments operate with considerable fiexibility in how
purchases are initiated, approved, and tracked. System-supported controls and
standardized workfiows are limited.
Implementing a modern ERP purchasing module will introduce more structured
and transparent processes for requisitions, approvals, and procurement
activities. These changes will represent a signiflcant shift for many staff and
departments that are not accustomed to formalized procurement workfiows or
system-driven purchasing controls.
Successfully transitioning to these standardized practices will require
thoughtful change management, communication, and training to help staff
understand the purpose of the new processes, adapt to revised roles and
responsibilities, and use the system effectively. The City seeks vendor
recommendations for an approach to change management and training that will
support organization-wide adoption of consistent purchasing best practices.
Response
Challenge Timing with Utility Billing and Permitting: The City will be implementing an ERP
system, a Utility Billing system, and a Permitting/Community Development
system through separate competitive procurements. While a single vendor may
provide more than one of these solutions, it is likely that different vendors will
be selected. Please describe your high‑level recommendations for how the City
should approach sequencing these implementations and coordinating
integrations among them. In your response, highlight key considerations,
dependencies, risks, and any best‑practice strategies you believe the City
should take into account based on your experience with multi‑system,
multi‑vendor environments.
Response
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 71
V.4.6 Attachment 4.6 – Key Contract Terms
The City anticipates negotiating a flnal contract with the Selected Vendor following award. To support
an efficient contracting process, Respondents shall respond to each of the following key contract
terms and identify Respondent’s ability to comply with them as the City will require materially similar
language in the flnal contract. If the Respondent cannot comply with the following terms, the
Respondent must indicate why. Failure to disclose exceptions may be grounds for disqualiflcation.
The City understands it may have to negotiate contracts with multiple Firms the comprise the
Selected Vendor. Each Firm should complete the respective table below.
To be completed by each Firm providing implementation services:
Contract / Proposal Requirement Response
Key Personnel – The City requires assurances
as to the continuity, qualifications, and
performance of vendor staffing assigned to the
project. Respondents shall make Key
Personnel available (Project Manager &
Functional Leads) during the Discovery
process to interview all proposed Key
Personnel.
Except in the event of resignation, termination
of employment, illness, or other
circumstances beyond the Vendor’s
reasonable control, Key Personnel may not be
removed or replaced without the City’s prior
written approval. In the event that a Key
Person is no longer available due to such
circumstances, the Vendor shall promptly
notify the City and propose a replacement
resource with qualifications and experience
equal to or greater than those of the individual
being replaced, subject to the City’s approval
and at no additional cost to the City.
In addition, the City reserves the right to
request the replacement of any Key Personnel
whose performance, conduct, or
qualifications are determined by the City,
acting in good faith, to be inappropriate or not
well suited for the successful completion of
the project. Upon such request, the Vendor
shall propose a suitable replacement resource
with qualifications and experience equal to or
greater than those of the individual being
replaced, subject to the City’s approval and at
no additional cost to the City.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 72
Contract / Proposal Requirement Response
System Conflguration Limits – The Selected
Vendor shall deliver the project in accordance
with the City’s deflned business process
objectives and Functional Requirements. The
Vendor may not limit project scope due to
conflguration constraints except as described
in the Fixed Fee Pricing Based on Milestones
below. Any identifled system limitations must
be disclosed during proposal evaluation or
discovery and resolved within the agreed‑upon
scope.
Use of Deliverables and Milestones – The
City will require use of Deliverables and
Milestones during implementation. A
Deliverable is a tangible work product,
documentation, conflguration, or other artifact
produced that the City can use, rely upon, or
reference after completion. Deliverables are
subject to formal review and require written
acceptance by the City in accordance with the
acceptance process to be deflned in the SOW,
and in no event shall Deliverables be deemed
accepted. A Milestone represents a deflned
phase or sub-phase of the project and is
composed of one or more Deliverables and/or
required project activities. A Milestone shall be
considered achieved only upon completion
and City acceptance of all required
Deliverables and completion of any associated
required activities identifled for that Milestone.
Fixed Fee Pricing Based on Milestones –
Implementation services shall be provided on
a flxed-fee, milestone-based basis. Fixed fees
shall include all labor, hours, effort, and
resources necessary to complete the agreed-
upon scope and acceptance criteria. The
Selected Vendor assumes responsibility for
delivering agreed-upon outcomes within the
flxed fee, except for limited categories of
services, which may be performed within a
bounded cap (included in the flxed fee) or pre-
approved not-to-exceed limits.
The following activities may be subject to a
bounded cap, strictly subject to City approval
and not-to-exceed limits: a) Report formatting,
layout, or cosmetic changes requested by the
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 73
Contract / Proposal Requirement Response
City after functional acceptance of report
content; b) Additional training sessions,
delayed training, or re-training requested by
the City beyond the agreed training plan and
schedule; c) Conflguration of additional
workfiow permutations or approval paths not
identifled in the agreed design documents or
baseline scenarios; d) Other City-directed
changes where scope variability is outside the
Vendor’s reasonable control.
All services performed under approved
bounded exceptions shall be tracked
separately from flxed-fee activities. The
Selected Vendor shall maintain detailed
records of hours expended by resource, role,
activity, and date, and shall update and share
exception service burn-down reports with the
City no less frequently than bi-weekly, or more
frequently upon request. The City shall have
visibility into the remaining balance of
approved exception effort. Further, the
Selected Vendor shall notify the City in writing
when consumption of any approved bounded
exception reaches seventy-flve percent (75%)
of the approved not-to-exceed limit. No
services in excess of the approved limit may be
performed without additional written
authorization from the City.
Respondents shall identify any
implementation activities they anticipate may
be proposed as bounded exceptions. For each
anticipated exception, Respondents shall
provide the following:
a) Description of the activity or service;
b) Rationale for why the activity is not
appropriate for flxed-fee pricing;
c) Recommended controls or acceptance
criteria to minimize variability.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 74
Contract / Proposal Requirement Response
Final Acceptance – Final acceptance shall
occur following go‑live and completion of a
post‑implementation validation period of not
less than sixty (60) days, during which the City
will verify that all SOW requirements and
project criteria have been met. Final milestone
payment shall be contingent upon written
Final Acceptance by the City and shall
represent no less than ten percent (10%) of
total implementation fees for the applicable
phase.
If the City determines that there is an
outstanding project requirement or
configuration defect, the City will notify the
Selected Vendor in writing. The Selected
Vendor will resolve all outstanding issues or
provide a mutually agreeable plan for future
resolution at no additional cost. Upon
resolution, the City may repeat testing for
provided resolution with a period not to
exceed fifteen (15) days.
Warranty – The Selected Vendor shall warrant
that all services will be performed in a
professional and workmanlike manner by
qualified personnel and that all deliverables,
including configurations and work products,
will conform to the agreed‑upon scope,
specifications, and vendor responses to
Functional Requirements set forth in the
Statement of Work. The warranty period shall
extend for no less than one hundred twenty
(120) days following Final Acceptance.
Warranty remedies shall include, at no
additional cost to the City, correction of
defects and reperformance of non‑conforming
services.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 75
Contract / Proposal Requirement Response
Hold Harmless – Selected Vendor shall hold
harmless, defend, and indemnify City and its
officers, employees, agents, and volunteers,
from and against any and all liability, loss,
damage, expense, and costs (including
without limitation costs and fees of litigation)
of every nature arising out of or in connection
with Selected Vendor’s performance, including
but not limited to claims related to intellectual
property infringement, data security breaches,
or violations of applicable laws, except to the
extent caused by the sole negligence or willful
misconduct of the City.
To be completed by each Firm providing software services:
Contract / Proposal Requirement Response
Service Level Agreements – The Selected
Vendor shall meet or exceed the availability,
performance, and support service levels set
forth in Attachment V.3.5. Service levels shall
be contractually binding and applicable to all
production environments.
Service Level Agreement Remedy – The
Selected Vendor shall provide remedies for
failure to meet agreed service levels, which
may include service credits, fee refunds, or
other remedies. Repeated failures to meet
service levels may constitute a material
breach of the Agreement.
Hold Harmless – Selected Vendor shall hold
harmless, defend, and indemnify City and its
officers, employees, agents, and volunteers,
from and against any and all liability, loss,
damage, expense, and costs (including
without limitation costs and fees of litigation)
of every nature arising out of or in connection
with Selected Vendor’s performance, including
but not limited to claims related to intellectual
property infringement, data security breaches,
or violations of applicable laws, except to the
extent caused by the sole negligence or willful
misconduct of the City.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 76
To be completed by each Firm:
The City has included its standard SaaS Agreement (Appendix B) for review. Respondents are asked
to review this draft agreement and identify any key exceptions, concerns, or provisions that would
require modiflcation in order to sign a contract with the City. A full redline is not required at this
stage; however, Respondents should clearly outline (including section number references) the
material terms they would be unable to accept or would propose to revise. Add additional rows as
necessary.
Firm:
Section #: Agreement Exception or Concern:
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 77
V.5.0 PRICING
V.5.1 Attachment 5.1 – Price Proposal
(See Separate Excel Spreadsheet)
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 78
SECTION VI. APPENDIX
VI.1.0 APPENDIX A
To support the development of accurate and competitive flxed‑fee pricing, the City has provided a
set of key data metrics below to assist Respondents in understanding the relative volume, scale, and
complexity of the City’s current environment and anticipated implementation effort. These metrics
are intended to reduce uncertainty, minimize the likelihood of change orders, and limit the use of
bounded exceptions during implementation.
The metrics refiect the City’s current‑state environment and, in some cases, represent reasonable
estimates based on available information. The City acknowledges that future‑state processes may
result in efficiencies or reductions in volume; however, Respondents shall use the information
provided as the baseline for their flxed‑fee pricing assumptions unless explicitly stated otherwise.
Respondents are expected to incorporate these metrics into their proposed implementation
approach, staffing, and flxed‑fee pricing. Where a Respondent believes additional clariflcations or
adjustments are required to price accurately, they shall be clearly identifled in the proposal.
Respondents should also consider these metrics when identifying any anticipated bounded
exceptions as described in Section V.4.6 and are encouraged to propose approaches that minimize
the need for such exceptions. If Respondents have questions about the metrics, or if there are other
key metrics that would be helpful in providing an accurate flxed fee price, please submit them in
accordance with I.4.0.
Category Metric
General
Employees The City has approximately 540 full-time equivalent employees, plus
approximately 150 seasonal workers hired primarily for the summer
months.
Unions The City has four (4) collective bargaining agreements.
Payroll The City is on a biweekly pay schedule.
Banks The City currently uses one (1) bank with six (6) accounts. The City also
has investment accounts through the same bank.
Accounting
Depreciation This City has six (6) depreciation categories, and all follow the straight-
line method. Currently the City utilizes the half-year convention but is
open to moving to full-year / pro-rata convention.
Projects The City currently has over 2,700 active project codes but the application
has not been applied consistently. The City estimates the need for
approximately 1,100 projects to be needed for current and near-term
projects.
Accounts Payable
Check Layouts The City currently has three (3) check layout formats.
Asset Management
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 79
Category Metric
Capital Assets The City currently has 1,537 active / fully depreciated assets. However,
this number is likely understated as assets may have been grouped in a
manner that does not follow current best practices, especially in regards
to horizontal infrastructure.
Beneflts
Beneflt Groups The City currently has four (4) beneflt groups: Employee Only; Employee
& Spouse; Employee & Children; Employee & Family
Beneflt Providers The City currently has four (4) beneflt providers: Montana Municipal
Interlocal Authority (MMIA) for medical, basic life and AD&D, voluntary
life and AD&D; MetLife for dental and vision; Mutual of Omaha for
accident, hospital, critical illness, and long-term disability; Allegiance for
medical and dependent care fiexible spending.
Additionally, the City works with a local gym (Ridge Athletic Club) to
provide gym memberships. The City has one direct relationship with an
HSA provider (Optum) and will send checks directly to other HSAs used
by employees.
Beneflt Plans The City currently has approximately 55 beneflt plans.
Customer Billing
Customers The City has approximately 100 customers it sends invoices / statements
to (excluding utility accounts).
Grants
Grants The City currently has approximately 29 active grants. Most grant
information is stored in spreadsheets and network flles.
Human Resources
Positions The City currently has 231 positions in position control.
Job Application
Workfiows
The City currently has 13 application types in its current applicant
tracking system. Generally, each application can have up to 10 steps in
the process. The current system uses eight (8) different Pre-Boarding
checklists and 17 different Onboarding checklists depending on the
position and department.
Performance Review
Templates
The City currently has six (6) performance review templates (probationary
flre, probationary police entry, probationary police lateral, standard,
standard 2 step approval, patrol 2 step). The police department uses
paper daily observation reports for new officers that it would like to do
digitally.
Time Off The City currently has 12 time-off types, including three (3) accrued leave
types (vacation, sick, comp) and nine (9) allotted leave types (military,
administrative leave, personal day, leave without pay, bereavement, paid
parental leave, holiday, Battalion Chief fiex, Kelly Day)
Payroll
Pay Codes The City has approximately 60 pay codes, including ~4 straight time, ~20
differential pay codes, ~6 comp time codes, ~18 codes for straight leave
hours, ~3 codes speciflc to regular overtime, plus others.
Deduction Codes The City has approximately 30 deduction codes.
Purchasing
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 80
Category Metric
Suppliers The City currently has nearly 8,000 active vendors, excluding employees,
however there are likely many duplicates due to current system
limitations. This number would be reduced further by including only
those vendors paid in the last 3 years.
Purchasers Approximately 200 employees currently have the authority to make
purchases, though this number could potentially be reduced with new
policies and procedures.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 81
VI.2.0 APPENDIX B
Software as a Service Agreement
This Software as a Service Agreement (“Agreement”), is made and entered into this day of , 202
(“Effective Date”), by and between the City of Bozeman, Montana, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, __________, with a mailing address of _________ , hereinafter
referred to as “Provider.” The City and Provider may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the Parties hereto agree as follows:
1. Deflnitions.
a. “Aggregated Statistics” means data and information related to the City's use of the
Services that is used by Provider in an aggregate and anonymized manner, including to
compile statistical and performance information related to the provision and operation of the
Services.
b. “Authorized User” means the City's employees, consultants, contractors, and agents
(i) who are authorized by the City to access and use the Services under the rights granted to
the City pursuant to this Agreement and (ii) for whom access to the Services has been
purchased hereunder.
c. “Confldential Information” means, subject to Montana’s Open Records Law, all
written or oral information, disclosed by either Party to the other, related to the operations of
either Party or a third party that has been identifled as confldential or that by the nature of the
information or the circumstances surrounding disclosure ought reasonably to be treated as
confldential. With respect to the City, Confldential Information must also include any and all
information transmitted to or stored by Provider in connection with performance of its
obligations under this Agreement, including, but not limited to, personally identiflable
information (“PII”) of residents, employees or people included within the City’s data,
including name, address, phone number, e-mail address, date of birth, social security
number, patient records, credit card information, driver’s license number, account numbers,
PINs and/or passwords, any other information that could reasonably identify a person, and
products, confldential intellectual property, trade secrets, third-party confldential
information, and other sensitive or proprietary information, whether orally or in written,
electronic, or other form or media/in written or electronic form or media, and whether or not
marked, designated, or otherwise identifled as “confldential.”
Confldential Information does not include information that, at the time of disclosure is: (a) in
the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully
obtained by the receiving Party on a non-confldential basis from a third party; or (d)
independently developed by the receiving Party without reference to or use of the disclosing
Party’s Confldential Information.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 82
d. “City's Data” means, other than Aggregated Statistics, information, data, and other
content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on
behalf of the City or an Authorized User through the Services, including, without limitation,
the City's meter data and other energy data related to the City's facilities located in the State
of Montana. This information, data, and content may also include that which is considered
Confldential Information.
e. “Data Incident” means a breach of the City or the Provider’s security leading to the
accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to
the City’s Data through the Services licensed to the City by the Provider.
f. “Documentation” means Provider’s user manuals, handbooks, and guides relating to
the Services provided by Provider to the City either electronically or in hard copy form/end
user documentation relating to the Services.
g. “Intellectual Property Rights” or “IP Rights” means any and all rights that may exist
under patent law, copyright law, publicity rights law, moral rights law, trade secret law,
trademark law, unfair competition law or other similar protections, whether or not such rights
are registered or perfected.
h. “Provider IP” means the Services, the Documentation, and any and all intellectual
property provided to the City or any Authorized User in connection with the foregoing. For the
avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or
other content derived from Provider’s monitoring of the City's access to or use of the
Services, but does not include the City's Data.
i. “Services” means the on premise software-as-a-service license described in the
Scope of Services. See attached Exhibit A.
2. Purpose. City agrees to enter into this Agreement with Provider to perform for the City the
Services described in the Scope of Services, incorporated into this Agreement and attached as
Exhibit A.
3. Term and Termination.
a. Term. The initial term of this Agreement begins on the Effective Date and, unless
terminated earlier pursuant to this Agreement’s express provisions, will continue in effect for
months from such date (the “Initial Term”). This Agreement will automatically renew
for additional successive one (1) year terms unless earlier terminated pursuant to this
Agreement’s express provisions. The Parties may extend this Agreement for three (3)
additional one (1) year terms.
b. Notice of Non-Renewal. A Party to this Agreement gives the other Party written notice
of non-renewal at least thirty (30) days prior to the expiration of the then-current term (each
a “Renewal Term” and together with the Initial Term, the “Term”).
c. Termination.
i. Provider may terminate this Agreement, effective on written notice to the City
if the City: 1) fails to pay any amount when due hereunder, and such failure continues
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 83
more than sixty (60) days after Provider’s delivery of written notice thereof; or 2)
breaches any of its obligations under Paragraph 6 of this Agreement
ii. Any Party to this Agreement may terminate their obligations under this
Agreement, effective on written notice to the other Parties, if another Party materially
breaches this Agreement, and such breach: 1) is incapable of cure; or 2) being
capable of cure, remains uncured sixty (60) days after the non-breaching Party
provides the breaching Party with written notice of such breach; or
iii. Any Party to this Agreement may terminate this Agreement, effective
immediately upon written notice to the other Parties, if the other Party: 1) becomes
insolvent or is generally unable to pay or fails to pay its debts as they become due; 2)
flles or has flled against it a petition for voluntary or involuntary bankruptcy or
otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any
domestic or foreign bankruptcy or insolvency law; 3) makes or seeks to make a
general assignment for the beneflt of its creditors; or 4) applies for or has appointed
a receiver, trustee, custodian, or similar agent appointed by order of any court of
competent jurisdiction to take charge of or sell any material portion of its property or
business.
d. Expiration. Provider must notify the City 90 days in advance of this Agreement’s
expiration date.
e. Effect of Expiration or Termination. No expiration or termination will affect the City's
obligation to pay all Fees that may have become due before such expiration or termination or
entitle the City to any refund.
4. Scope of Services. Provider must perform the work and provide the services in
accordance with the requirements of the Scope of Services. For confiicts between this
Agreement and the Scope of Services, unless speciflcally provided otherwise, this
Agreement governs. Provider agrees to be bound by its responses to the City’s Cloud
Questionnaires, incorporated into and attached to this Agreement as Exhibit B and made part
of this Agreement. Such responses constitute material consideration for the City to enter into
this Agreement and the responses are material representations regarding the Provider’s
performance.
5. Access and Use.
a. Provision of Access to Services. Subject to and conditioned on the City's payment of
fees and compliance with the terms and conditions of this Agreement, Provider grants the
City a non-exclusive, non-transferable license to the Services during the Term. This license to
the Services is solely for use by the City and its Authorized Users and must be accessed and
used in accordance with the terms and conditions set forth in this Agreement. Unless
otherwise agreed upon and detailed in the Scope of Services, such access and use is limited
to the City's internal use. If applicable, Provider must provide to the City the necessary
passwords and network links or connections to allow the City to access the Services.
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 84
b. Documentation License. Subject to the terms and conditions contained in this
Agreement, Provider grants to the City a non-exclusive, non-sublicensable, non-transferable
license to use the Documentation during the Term solely for the City's internal business
purposes in connection with its use of the Services.
c. Designated Authorized Users. The City may designate the number of Authorized
Users permitted to access the Services.
d. Reservation of Rights. Provider reserves all rights not expressly granted to the City in
this Agreement. Except for the limited rights and licenses expressly granted under this
Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise,
to the City or any third party any intellectual property rights or other right, title, or interest in
or to the Provider IP.
e. Suspension. Notwithstanding anything to the contrary in this Agreement, Provider
may temporarily suspend the City's and any Authorized User’s access to any portion or all of
the Services if:
i. Provider reasonably determines 1) there is a threat or attack on any of the
Provider IP; 2) the City's or any Authorized User’s use of the Provider IP disrupts or
poses a security risk to the Provider IP or to any other Customer or vendor of Provider;
3) the City, or any Authorized User, are using the Provider IP for fraudulent or illegal
activities; or 4) Provider’s provision of the Services to the City or any Authorized User
is prohibited by applicable law;
ii. any vendor of Provider has suspended or terminated Provider’s access to or
use of any third-party services or products required to enable the City to access the
Services; or
iii. in accordance with Section 5(a)(iii) (any such suspension described in sub-
section (i), (ii), or (iii), a “Service Suspension”).
Provider must use commercially reasonable efforts to provide written notice within flve (5)
business days prior to any planned Service Suspension to the City and provide updates
regarding resumption of Services following any Service Suspension. Provider must use
commercially reasonable efforts to resume providing access to the Services as soon as
reasonably possible after the event giving rise to the Service Suspension is cured. Provider
may be subject to liability for any damage, liabilities, losses (including any loss of data or
proflts), or any other consequences that the City or any Authorized User may incur as a result
of a Service Suspension.
f. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement,
Provider may monitor the City's use of the Services, and collect and compile Aggregated
Statistics. As between Provider and the City, all right, title, and interest in Aggregated
Statistics, and all intellectual property rights therein, belong to and are retained solely by
Provider. The City acknowledges that Provider may compile Aggregated Statistics based on
the City's Data input into the Services. The City agrees that Provider may: 1) make Aggregated
Statistics publicly available in compliance with applicable law, and 2) use Aggregated
City of Bozeman
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Statistics to the extent and in the manner permitted under applicable law; provided that such
Aggregated Statistics do not identify the City or the City's Confldential Information.
6. The City's Responsibilities.
a. The City is responsible for all uses of the Services and Documentation resulting from
access provided by the City, directly or indirectly. The City must use reasonable efforts to
make all Authorized Users aware of this Agreement’s provisions as applicable to such
Authorized User’s use of the Services, and must cause Authorized Users to comply with such
provisions.
b. Unless otherwise agreed, the City is responsible for creating and modifying its data
into the Services, and keeping the City’s data into the Services current and accurate.
c. The City must reasonably cooperate with Provider’s performance of Professional
Services. The City recognizes and agrees that performance of Professional Services is
contingent upon the City’s cooperation and as set forth in Paragraph 7.
d. The City may test the Provider’s Services in a live production environment to ensure
that it conforms to the speciflcations set forth in this Agreement and all Exhibits. Upon
acceptance, the City must pay the Provider in accordance with the Scope of Services. See
attached Exhibit A. If the City determines that the Services do not meet the speciflcations set
forth in this Agreement and all Exhibits, upon 60 days of receiving written notice of such
deflciencies, the City may terminate this Agreement if the Provider does not cure the
deflciencies. Provider must refund the City all sums already paid within flve (5) business days.
Such termination and refund does not bar the City from pursuing other remedies available
under the Agreement or law.
7. Provider’s Obligations. To induce the City to enter into this Agreement, Provider makes the
following representations:
a. Provider has familiarized itself with the nature and extent of this Agreement, all
exhibits including but not limited to the Scope of Services, and with all local conditions and
federal, state and local laws, ordinances, rules, and regulations that in any manner may
affect cost, progress or performance of the Scope of Services.
b. Provider represents and warrants to the City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a
professional, competent and timely manner and with diligence and skill; that it has the power
to enter into and perform this Agreement and grant the rights granted in it; and that its
performance of this Agreement must not infringe upon or violate the rights of any third party,
whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of
any nature whatsoever, or violate any federal, state and municipal laws. The City will not
determine or exercise control as to general procedures or formats necessary to have these
services meet this warranty.
c. Provider must ensure the Services delivered under this Agreement are adequately
secure, and must provide a secure environment for all of the City’s Confldential Information,
which may include, but is not limited to any hardware and software (including servers,
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 86
network and data components) to be provided or used by the Provider as part of its
performance under this Agreement. Provider represents that the security measures it takes
in performance of its obligations under this Agreement are, and at all times will remain in
compliance with all applicable laws and regulations governing Provider’s access to, use of,
and handling of the City’s Data.
d. If Provider creates a new version of the Services, it must make the new version
available to the City at no additional cost. Provider must also provide the City with any
additional features or functionalities of the Services that it may develop at no additional cost
to the City.
8. Security. Provider must provide a secure environment for all of the City’s Confldential
Information and any hardware and Software (including servers, network and data components) to be
provided or used by Provider as part of its performance under this Agreement. Provider represents
that the security measures it takes in performance of its obligations under this Agreement are, and
will at all times remain in agreement with the industry’s minimum standards. Provider’s failure to
comply with the industry’s minimum standards in fulfllling its obligations under this Agreement
constitutes a breach of this Agreement. Additionally, Provider must contractually require any
subcontractors or agents with access to the City’s Confldential Information to adhere to such
Security Best Practices.
9. Indemnity/Waiver of Claims/Insurance. For other than professional services rendered, to
the fullest extent permitted by law, Provider agrees to release, defend, indemnify, and hold harmless
the City, its agents, representatives, employees, and officers (collectively referred to for purposes of
this Section as the City) from and against any and all claims, demands, actions, fees and costs
(including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in
any way related to: (i) the negligent, reckless, or intentional misconduct of the Provider; or (ii) any
negligent, reckless, or intentional misconduct of any of the Provider’s agents.
For the professional services rendered, to the fullest extent permitted by law, Provider agrees to
indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Provider or Provider’s agents or employees.
Such obligations must not be construed to negate, abridge, or reduce other rights or obligations of
indemnity that would otherwise exist. The indemniflcation obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Provider’s indemnity under this Section must be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Provider to assert its right to defense or
indemniflcation under this Agreement or under the Provider’s applicable insurance policies required
City of Bozeman
Request for Proposals for ERP Software and Implementation Services Page 87
below, the City must be entitled to recover reasonable costs and attorney fees incurred in asserting
its right to indemniflcation or defense but only if a court of competent jurisdiction determines the
Provider was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or
any portion(s) thereof.
In the event of an action flled against the City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Provider also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether willful
or negligent” as per 28-2-702, MCA.
These obligations must survive termination of this Agreement and the services performed hereunder.
In addition to and independent from the above, Provider must at Provider’s expense secure insurance
coverage through an insurance company or companies duly licensed and authorized to conduct
insurance business in Montana which insures the liabilities and obligations speciflcally assumed by
the Provider in this Section. The insurance coverage must not contain any exclusion for liabilities
speciflcally assumed by the Provider in this Section.
The insurance must cover and apply to all claims, demands, suits, damages, losses, and expenses
that may be asserted or claimed against, recovered from, or suffered by the City without limit and
without regard to the cause therefore and which is acceptable to the City. Provider must furnish to
the City an accompanying certiflcate of insurance and accompanying endorsements in amounts not
less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident;
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and
• Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate.
The above amounts must be exclusive of defense costs. The City must be endorsed as an additional
insured on a primary non-contributory basis on the Commercial General, Employer’s Liability,
Automobile Liability, and Cyber Liability policies. The insurance and required endorsements must be
in a form suitable to City and must include no less than a thirty (30) day notice of cancellation or non-
renewal. Provider must notify City within two (2) business days of Provider’s receipt of notice that any
required insurance coverage will be terminated or Provider’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Provider commencing
work.
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10. Audit Right. Provider must retain a certifled public accounting flrm to perform an annual
audit of the Services’ data protection features and to provide a SOC 2 Type II report, pursuant to the
current standards of the American Institute of Certifled Public Accountants. In addition, Provider
must annually conduct its own internal security audit and address security gaps. Provider must give
the City a copy of the most current report from each audit conducted within flve (5) business days of
receiving the report.
If requested by the City, Provider must, on a bi-annual basis, permit security reviews by the City on
those systems storing or processing City Data, on Provider policies and procedures relating to the
foregoing, including without limitation its information security programs, and permit testing of all
security processes and procedures during the term, including without limitation, penetration testing.
Provider or its nominee (including its accountants and auditors) may, on reasonable request, inspect
and audit the City's use of the Services under this Agreement at any time during the Term. The City
must make available all books, records, equipment, information, and personnel, and provide all such
cooperation and assistance, as may reasonably be requested by or on behalf of Provider with respect
to such audit.
11. General Use Restrictions. Copies of the Services created or transferred pursuant to this
Agreement are licensed and may only be used as set forth in this Agreement. The City does not
receive any rights to the Services other than those speciflcally granted in this Agreement and its
incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement, the
City and its authorized users must not directly or indirectly copy or reproduce all or any part of the
Services, whether electronically, mechanically or otherwise, in any form including, but not limited to,
the copying of presentation, style or organization, without Provider’s prior written permission.
However, notwithstanding this restriction, the City has the right to reproduce and distribute any of
the Services generated from the City’s Data. Without limiting the above restriction and right, the City
receives no right to and must not:
a. copy, modify, create derivative works from, distribute, publicly display, or publicly
perform the Application;
b. sublicense or otherwise transfer any of the rights granted to it in this Agreement and
the Scope of Services;
c. reverse engineer, decompile, disassemble, or otherwise attempt to derive source
code or other trade secrets from the Application;
d. remove any proprietary notices from the Services or Documentation; or
e. use the Services or Documentation in any manner or for any purpose that infringes,
misappropriates, or otherwise violates any intellectual property right or other right of any
person, or that violates any applicable law.
12. Independent Contractor Status/Labor Relations. The Parties agree that Provider is an
independent contractor for purposes of this Agreement and is not considered a City employee for
any purpose. Provider is not subject to the terms and provisions of the City’s personnel policies
handbook and may not be considered a City employee for workers’ compensation or any other
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purpose. Provider is not authorized to represent the City or otherwise bind the City in any dealings
between Provider and any third parties.
13. Resources and Support. Provider must, throughout the Term, make available such
resources, including Provider personnel, as are reasonably required to:
a. train designated employee(s) of the City in the use of the Services;
b. support the obligations of the City provided in Paragraph 6;
c. develop modiflcations to the Services as agreed to by the Parties in any exhibit
attached to this Agreement; and
d. Provider must provide technical support to the City as described in Exhibit A, Scope
of Services, for the duration of this Agreement.
14. Transition Assistance. The Provider must provide transition assistance to the City when
requested in writing. Upon termination of this Agreement for any reason, including but not limited to
termination for cause, the Provider must assist the City in the orderly transition to a new Provider. The
City must have access to the Provider’s system and the Provider’s support of that system for up to
one (1) year following termination. In this instance, for up to one (1) year following termination, the
City must pay the Provider at its then-current hourly rate(s).
The Provider grants the City a perpetual right to use the Application and Object Code if any one of the
following occurs: (a) Provider’s insolvency, bankruptcy, or involvement in an involuntary proceeding
for protection of its creditors; (b) Provider materially breaches this Agreement and the City terminates
the Agreement; (c) Provider fails to continue development of the Services; (d) Provider fails to provide
the City with the most recent version of the Services contained in the Application; or (e) any other
circumstance whereby Provider can no longer satisfy its obligation to provide Services to the State
under this Agreement.
15. Limitation of Liability. The Provider's liability for contract damages is limited to direct
damages. The Provider must not be liable for special, incidental, consequential, punitive, or indirect
damages. Damages caused by injury to persons or tangible property, or arising from any Provider
indemniflcation under this Agreement, are not subject to a cap on the amount of damages.
16. Fees and Payment. The City must pay Provider the fees and make all payments as set forth
in the Scope of Services, without offset or deduction. See attached Exhibit A. Any alteration or
deviation from the described Services that involves additional costs above the Agreement amount
will be performed by Provider only upon receiving a written request from the City. Any alteration or
deviation from the Services will become an additional charge over and above the amount listed in
the Scope of Services. The City must agree in writing before Provider bills for any additional charges.
All Fees and other amounts payable by the City under this Agreement are exclusive of taxes and
similar assessments. The City is responsible for all sales, use, and excise taxes, and any other similar
taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or
regulatory authority on any amounts payable by the City as set forth in this Agreement, other than
any taxes imposed on Provider’s income.
17. Confldential Information.
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a. From time to time during the Term, a Party to this Agreement may disclose or make
available to the other Party Confldential Information, as deflned in Section 1 of this
Agreement, about its business affairs. The receiving Party must not disclose the disclosing
Party’s Confldential Information to any person or entity, except to the receiving Party’s
Authorized Users who have a need to know the Confldential Information for the receiving
Party to exercise its rights or perform its obligations established in this Agreement.
b. Notwithstanding the foregoing, each Party may disclose Confldential Information to
the limited extent required:
i. in order to comply with the order of a court or other governmental body, or as
otherwise necessary to comply with applicable law, provided that the Party making
the disclosure pursuant to the order must flrst have given written notice to the other
Party;
ii. to establish a Party’s rights under this Agreement, including to make required
court fllings; or
iii. to any Authorized User who may need to access Confldential Information in
order to facilitate or execute the purpose of this Agreement.
c. Unless otherwise required by law, each Party must not disclose Confldential
Information to any other third party not otherwise identifled in this agreement without the
other Party’s prior written consent. Each Party’s obligations of non-disclosure with regard to
Confldential Information are effective as of the Effective Date, and survive this Agreement
and do not terminate. However, with respect to any Confldential Information that constitutes
a trade secret (as determined under applicable law), such obligations of non-disclosure will
survive the termination or expiration of this Agreement for as long as such Confldential
Information remains subject to trade secret protection under applicable law.
d. Each Party must protect Confldential Information with the same degree of care it uses
to protect its own Confldential Information with of similar nature and importance, but with
no less than reasonable care. Each Party agrees to promptly notify the other Party if there is
a misuse or misappropriation of Confldential Information.
18. Intellectual Property Ownership; Feedback.
a. Provider IP. The City acknowledges that, as between the City and Provider, Provider
owns all right, title, and interest, including all intellectual property rights, in and to the
Provider IP.
b. The City's Data. Provider acknowledges that, as between Provider and the City, the
City owns all right, title, and interest, including all intellectual property rights, in and to the
City's Data. The City grants to Provider a non-exclusive, royalty-free, worldwide license to
reproduce, distribute, and otherwise use and display the City's Data and perform all acts with
respect to the City's Data as may be necessary for Provider to provide the Services to the City.
The City also grants to Provider a non-exclusive, perpetual, irrevocable, royalty-free,
worldwide license to reproduce, distribute, modify, and otherwise use and display the City's
Data incorporated within the Aggregated Statistics. Unless the City provides written consent,
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Provider must not access or use the City’s Data for any other purpose than as described in
this Agreement.
c. Feedback. If the City or any of its Authorized Users sends or transmits any
communications or materials to Provider by mail, email, telephone, or otherwise, suggesting
or recommending changes to the Provider IP, including without limitation, new features or
related functionality, or any comments, questions, suggestions, or the like (“Feedback”),
Provider may use the City’s Feedback irrespective of any other obligation or limitation
between the Parties governing such Feedback. The City retains all right, title, and interest in
the Feedback.
19. Data Location. Provider must not transfer the City’s Data outside of United States or the
Provider’s location as identifled in the flrst paragraph of this Agreement unless it receives the City’s
prior written consent or unless the transfer is to the Provider’s data center and such transfer is
necessary for the execution of the Services.
20. Access to Data. The City may access and copy any of the City’s Data in Provider’s possession
at any time. Provider must reasonably facilitate such access and copying promptly after Customer’s
request. In this instance, Provider may charge its reasonable standard fees for any such access and
copying or for any fees related to the de-conversion of data.
21. Deletion of Data. Except as authorized by applicable law, Provider must not erase the City’s
Data or any copy without the City’s prior written consent.
22. Data Incidents. Provider must implement and maintain a program for managing
unauthorized disclosure of, access to, or use of the City’s Data. In case of a Data Incident, Provider
must notify the City, in writing or by phone, within 48-hours of the incident. Provider must cooperate
with the City and law enforcement agencies to investigate and resolve the Data Incident, including
but not limited to providing reasonable assistance to the City in notifying injured third parties. In
addition, if the Data Incident results from Provider’s breach of this Agreement or negligent or
unauthorized act or omission, Provider must compensate the City for any reasonable expense
related to notiflcation of customers and provide one year of credit monitoring to any affected
individual. Provider must give the City prompt access to such records related to a Data Incident.
23. Functional Warranty. Provider warrants that the Application and Services, including any
modiflcations that are made by Provider or under Provider’s instructions do not contain any material
defects, and will conform in all material respects to the speciflcations, functions, descriptions,
standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all
incorporated herein by reference. Provider further warrants that all post-Acceptance updates,
alterations, or modiflcations to the Services will not materially diminish the features or functionality
of the Application and Services. Provider must promptly correct any errors identifled by the City in
the Application and in any modiflcation to the Application at no cost to the City. If, Provider is unable
to correct such errors within 30 days following notiflcation by the City, then Provider must at the City’s
request accept return of the Application and return all money paid for the Application and
maintenance. The City may also pursue any other remedies available to it under this Agreement or
by law or equity.
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24. Virus Warranty. Provider warrants that it has used commercially reasonable efforts to ensure
against introduction of any virus into the City’s systems. Provider must immediately advise the City,
in writing, upon reasonable suspicion or actual knowledge that the Services may contain a Virus. If a
Virus is found to have been introduced into the City’s systems by the Services within 30 days after
the Effective Date of this Agreement, Provider must repair or replace the Services within ten (10)
business days. If Provider cannot accomplish the foregoing within such time, then the City must
discontinue use of the Services, and Provider must refund all money paid for the Services and
maintenance as set forth in the Scope of Services. See Exhibit A. Provider must use all reasonable
commercial efforts, at no additional charge, to assist the City in reducing the effects of the Virus and,
if the Virus causes a loss of operational efficiency or loss of data, to assist the City to the same extent
to mitigate and restore such losses. In addition, Provider must indemnify, defend and hold the City
harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting
from any such Viruses. The limitation of liability described in Paragraph 15 does not apply to this
indemniflcation obligation.
25. Remedy for When Services are Subject of a Claim. If any Services furnished are likely to or
does become the subject of a claim of infringement of a third party’s IP Rights, then the Provider may
request the City accept an alternative Service and the City may agree to one of the following
alternative Services: 1) procure for the City the right to continue using the alleged infringing Services;
2) modify the Service so that it becomes non-infringing; 3) or replace it with one that is at least
functionally equivalent. If the Provider is unable to any of the above three remedies, or if the use of
the Services by the City is prohibited by an injunction, temporary restraining order, or other court
order, the City must return the Services to the Provider within flve (5) days of receiving Provider’s
request in writing. The Provider must then give the City a credit equal to the amount paid to the
Provider for the creation of the Services. The City is not precluded from seeking other remedies
available agreed upon in this Agreement or in equity or law for any damages it may sustain due to its
inability to continue using the Services. The Limitations of Liability set forth in Paragraph 15 of this
Agreement does not apply to Provider’s obligations under this Section and the City’s right to seek
additional remedies arising from Provider’s ‘infringement of a third party’s IP Rights.
26. Representatives and Notices.
a. City’s Representative. The City’s Representative for the purpose of this Agreement
must be or such other individual as City must designate in writing. Whenever approval
or authorization from or communication or submission to City is required by this Agreement,
such communication or submission must be directed to the City’s Representative and
approvals or authorizations must be issued only by such Representative; provided, however,
that in exigent circumstances when City’s Representative is not available, Provider may direct
its communication or submission to other designated City personnel or agents as designated
by the City in writing and may receive approvals or authorization from such persons.
b. Provider’s Representative. The Provider’s Representative for the purpose of this
Agreement must be or such other individual as Provider must designate in writing.
Whenever direction to or communication with Provider is required by this Agreement, such
direction or communication must be directed to Provider’s Representative; provided,
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however, that in exigent circumstances when Provider’s Representative is not available, City
may direct its direction or communication to other designated Provider personnel or agents.
c. Notices. All notices required by this Agreement must be in writing and must be
provided to the Representatives named in this Section. Notices must be deemed given when
delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
flfth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
27. Miscellaneous.
a. Entire Agreement. This Agreement, together with any other documents incorporated
herein by reference and all related Exhibits, including the Cloud Services Questions,
constitutes the sole and entire agreement of the Parties with respect to the subject matter of
this Agreement and supersedes all prior and contemporaneous understandings,
agreements, and representations and warranties, both written and oral, with respect to such
subject matter. In the event of any inconsistency between the statements made in the body
of this Agreement, the related Exhibits, and any other documents incorporated herein by
reference, the following order of precedence governs: 1) this Agreement, excluding its
Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other
documents incorporated herein by reference.
b. Permits. Provider must provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and
pay all fees and charges in connection therewith.
c. Laws and Regulations. Provider must comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety
rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all
applicable City, County, and State building and electrical codes, the Americans with
Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and
small business statutes and regulations.
d. Nondiscrimination and Equal Pay. Provider agrees that all hiring by Provider of
persons performing this Agreement must be on the basis of merit and qualiflcations. Provider
will have a policy to provide equal employment opportunity in accordance with all applicable
state and federal anti-discrimination laws, regulations, and contracts. Provider will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color,
religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived
sexual orientation, gender identity, physical or mental disability, except when the reasonable
demands of the position require an age, physical or mental disability, marital status or sex
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distinction. Provider must be subject to and comply with Title VI of the Civil Rights Act of 1964;
Section 140, Title 2, United States Code, and all regulations promulgated thereunder.
Provider represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Provider must report to the City any violations of the Montana Equal Pay Act that
Provider has been found guilty of within 60 days of such flnding for violations occurring during
the term of this Agreement.
Provider must require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
e. Force Majeure. In no event must a Party to this Agreement be liable to another Party,
or be deemed to have breached this Agreement, for any failure or delay in performing its
obligations under this Agreement, if and to the extent such failure or delay is caused by any
circumstances beyond one Party’s reasonable control, including but not limited to acts of
God, fiood, flre, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest,
strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or
any action taken by a governmental or public authority, including imposing an embargo.
f. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. Provider must not
permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City
property or in the performance of any activities under this Agreement. Provider acknowledges
it is aware of and must comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. The City must have the right to request proof of such
compliance and Provider must be obligated to furnish such proof.
The Provider must be responsible for instructing and training the Provider’s employees and
agents in proper and specifled work methods and procedures. The Provider must provide
continuous inspection and supervision of the work performed. The Provider is responsible for
instructing its employees and agents in safe work practices.
g. Modiflcation and Assignability. This Agreement may not be enlarged, modifled or
altered except by written agreement signed by both parties hereto. The Provider may not
subcontract or assign Provider’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will
be bound by all of the terms and conditions of this Agreement.
h. Reports/Accountability/Public Information. Provider agrees to develop and/or
provide documentation as requested by the City demonstrating Provider’s compliance with
the requirements of this Agreement. Provider must allow the City, its auditors, and other
persons authorized by the City to inspect and copy its books and records for the purpose of
verifying that the reimbursement of monies distributed to Provider pursuant to this
Agreement was used in compliance with this Agreement and all applicable provisions of
federal, state, and local law. The Provider must not issue any statements, releases or
information for public dissemination without prior approval of the City.
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i. Non-Waiver. A waiver by either Party of any default or breach by the other Party of any
terms or conditions of this Agreement does not limit the other Party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
j. Attorney’s Fees and Costs. In the event it becomes necessary for either Party to retain
an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice must be entitled to
reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
including the City Attorney’s Office staff.
k. Taxes. Provider is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
l. Dispute Resolution.
i. Any claim, controversy, or dispute between the Parties, their agents,
employees, or representatives must be resolved flrst by negotiation between senior-
level personnel from each Party duly authorized to execute settlement agreements.
Upon mutual agreement of the Parties, the Parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
ii. If the Parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was flrst raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
m. Survival. Provider’s indemniflcation must survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
n. Headings. The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
o. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance thereof must continue in effect.
p. Applicable Law. The Parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
q. Binding Effect. This Agreement is binding upon and inures to the beneflt of the heirs,
legal representatives, successors, and assigns of the Parties.
r. No Third-Party Beneflciary: This Agreement is for the exclusive beneflt of the parties,
does not constitute a third-party beneflciary agreement, and may not be relied upon or
enforced by a third party.
s. Integration. This Agreement and all Exhibits attached hereto constitute the entire
agreement of the Parties. Covenants or representations not contained herein or made a part
thereof by reference, are not binding upon the Parties. There are no understandings between
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the Parties other than as set forth in this Agreement. All communications, either verbal or
written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless
speciflcally made a part of this Agreement by reference.
t. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
u. Consent to Electronic Signatures. The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions
Act, Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
PROVIDER City of Bozeman