The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.
MINUTES 1/28/2025
CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Laurie Sampson, Assistant City Manager
` John Pinkney, Interim City Attorney
Vickie Sellers, City Clerk
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Lincoln Bogard, Administrative Services Director
Art Vela, Director of Public Works
Nate Smith, Deputy Director of Public Works/City Engineer Ralph Wright, Parks and Recreation Director
Barbara Mason, Purchasing Manager
1. CALL TO ORDER
Mayor Flynn called the regular meeting to order at 5:11 p.m.
1.1. Invocation – Pastor Nate Rodriguez led the invocation.
1.2. Pledge of Allegiance
1.3. Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
2. AGENDA APPROVAL
2.1. Approve Agenda
Motion to approve the agenda.
Regular Meeting Minutes 1/28/2025 Page 2 of 10
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Royce
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
3. PRESENTATIONS
Mayor Flynn made general comments.
3.1 Proclamation – Black History Month
3.2 Proclamation – American Heart Month
4. REPORT ON CLOSED SESSION
John Pinkney, Interim City Attorney, reported that for agenda items 3.1 and 3.2 there was discussion and direction provided to staff, with no final nor reportable action.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, CITY COUNCIL
COMMITTEE REPORTS, CITY MANAGER REPORT, AND CITY ATTORNEY REPORT
5.1. PUBLIC COMMENTS
The following individuals addressed City Council during Public Comment:
• Michele Walter
• Diego Rose
• Tim Hanratty
• Fran Hanratty
• Inge Schuler
• Sue Savage
• Stuart MacKenzie
• Linda Pippenger
• Norman Toro
• Jack Gunderson
• Pat Murkland
• Bill Hobbs
• Virginia Cervantes
• Oleg Ivaschuk
5.2. CORRESPONDENCE
One item of correspondence was received related to agenda item 9.1 and provided to City Council in advance of the meeting.
Regular Meeting Minutes 1/28/2025 Page 3 of 10
5.3. APPOINTMENTS
5.3.1 Planning Commission Appointments for Positions 1 & 2 Public Comments
None
Motion to appoint Nathaniel Rodriguez to the Planning Commission Position 1, with a term ending January 2029.
Motion by Council Member Miller
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 4-1.
Motion to appoint Kathleen Dale to the Planning Commission Position 2, with a term ending January 2029.
Motion by Mayor Pro Tem Royce
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 4-1.
5.3.2 Parks and Recreation Commission Appointments for Positions 1 & 2 Public Comments
None
Motion to appoint Steven Lapham to the Parks and Recreation Commission Position 1, with a term ending January 2029.
Motion by Council Member Wallace
Seconded by Council Member Miller
Regular Meeting Minutes 1/28/2025 Page 4 of 10
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
Motion to appoint Charissa Preuss to the Parks and Recreation Commission Position 2, with a term ending January 2029.
Motion by Council Member Barrington
Seconded by Mayor Pro Tem Royce
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a meeting of the CalCities’ Transportation Communication, Public Works (TCPW) Committee.
Mayor Pro Tem Royce had no report, but said he supported local control and changing California’s constitution.
Council Member Miller reported on a Regional Transportation Authority (RTA) meeting.
Council Member Barrington had no report but thanked everyone for applying to serve on the Planning and Parks and Recreation Commissions.
Mayor Flynn reported on a clinic opening at San Gorgonio Memorial Hospital. She reported that tomorrow City Council would all be attending the New Mayor’s and Councilmembers’ Conference in Garden Grove. She commented on the Animal Shelter.
5.5. CITY MANAGER REPORT
City Manager Schulze reported on the animal shelter and congratulated the Public Works – Wastewater division staff on a recent award. He reported he would be attending a City Manager’s conference next week.
5.6. CITY ATTORNEY REPORT
Interim City Attorney Pinkney reviewed several key matters of decorum included in the City’s Manual of procedural Guidelines.
Regular Meeting Minutes 1/28/2025 Page 5 of 10
5.7. CITY TREASURER REPORT
City Treasurer Savage made general statements about the role of Treasurer.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the January 14, 2025 City Council Meetings
6.2 Receive and File Police Department Statistics for the Month of December 2024
6.3 Receive and File Fire Protection Services Statistics for the Month of December 2024
6.4 Code Enforcement Update and Statistics for the Month of December 2024
6.5 Public Works Capital Improvement Project Tracking List
6.6 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for December 2024
6.7 City Council Travel and Conference Expense Report Year to Date Through December 2024
6.8 Consideration of Resolution 2025-01 UA, Approving an Agreement with G&G Environmental Compliance, of Riverside, California for Industrial Waste Program Management and Fats, Oils, and Grease (FOG) Inspections and Environmental Compliance Services in the Amount of $62,800 Annually and an Option to Extend Four Additional Years with a Not-to-Exceed $314,000
6.9 Consideration of Resolution 2025 -09, Increasing the California Uniform Public Construction Cost Accounting Act (CUPCCAA) Bid Limit Amounts to Reflect the Changes As Passed by State of California Assembly Bill 2192
6.10 Consideration of Resolution 2025- 10, Approving the Acceptance of the 2025 Memorandum of Understanding (MOU) of Off-Duty Personnel at Special Events Between the City of Banning and the City of Indio
6.11 Consideration of Resolution 2025-11, Approving Amendment #1 to Eide Bailly YearEnd Close Services Contract to Increase Total Not-To-Exceed Amount from $75,000 to $125,000
6.12 Consideration of Resolution 2025-12, Updating the Compensation for the City Clerk and City Treasurer
6.13 Consideration of Resolution 2025-14, Authorizing the City Manager to Sign Lease Agreement for 555 S. 22nd Street
6.14 Accept the Notices of Completion for San Gorgonio Substation Construction and the San Gorgonio Substation 12kV Extension Projects and Authorize the City Manager to Sign and the City Clerk to Record both Notices of Completion Public Comment
None
Motion to adopt consent agenda items 6.2 through 6.5, 6.8 through 6.10, and
6.14. Motion by Council Member Wallace
Seconded by Mayor Pro Tem Royce
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Regular Meeting Minutes 1/28/2025 Page 6 of 10
Motion approved by a vote of 5-0.
6.1 Approval of the Meeting Minutes for the January 14, 2025 City Council Meetings Caroline Patton, Administrative City Clerk, answered City Council questions.
Motion to approve the meeting minutes for January 14, 2025.
Motion by Council Member Wallace
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
6.6 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for December 2024
Lincoln Bogard, Administrative Services Director, and Barbara Mason, Purchasing Manager, answered City Council questions.
Public Comment
None
6.7 City Council Travel and Conference Expense Report Year to Date Through December 2024
Barbara Mason, Purchasing Manager, answered City Council questions.
Public Comment
• Sue Savage
6.11 Consideration of Resolution 2025-11, Approving Amendment #1 to Eide Bailly YearEnd Close Services Contract to Increase Total Not-To-Exceed Amount from $75,000 to $125,000
Lincoln Bogard, Administrative Services Director, answered City Council questions.
Public Comment
None
Motion to adopt Resolution 2025-11.
Motion by Council member Wallace
Seconded by Council Member Miller
Regular Meeting Minutes 1/28/2025 Page 7 of 10
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
6.12 Consideration of Resolution 2025-12, Updating the Compensation for the City Clerk and City Treasurer
Lincoln Bogard, Administrative Services Director, answered City Council questions.
Public Comment
• Sue Savage
Motion to adopt Resolution 2025-12.
Motion by Council Member Miller
Seconded by Mayor Pro Tem Royce
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
6.13 Consideration of Resolution 2025-14, Authorizing the City Manager to Sign Lease Agreement for 555 S. 22nd Street
Doug Schulze, City Manager, answered City Council questions.
Public Comment
• Jeff Platt
• Bill Lamb
• Virginia Cervantes
• John Hagen
• Michele Walter
• Harry Sullivan
• Kathleen Dale
• Lynnea Hagen
• Max Diego
• Wanda Lucero
• Frank Connolly
Motion to table this agenda item to a future Workshop meeting agenda.
Regular Meeting Minutes 1/28/2025 Page 8 of 10
Motion by Council Member Wallace
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 4-1.
7. PUBLIC HEARING(S)
None
Mayor Flynn announced a recess at 7:53 p.m. The meeting was reconvened at 8:11 p.m.
8. REPORTS OF OFFICERS
8.1 Updating the City Council on the Implications of the Santa Ana Regional Board (SARB) Including the City of Banning in its Total Maximum Daily Load (TMDL) Basin Plan Amendment
Nate Smith, Deputy Director of Public Works/City Engineer, presented the staff report.
Public Comment
None
8.2 Consideration of Resolution 2025-13, Awarding a Professional Services Agreement for the Design of Hargrave Grade Separation to Kimley-Horn and Associates, Inc. in the amount of $7,929,775.06 and Approving a 5% Contingency for a Total Project Budget of “Not-to-Exceed” $8,326,263.81
Art Vela, Director of Public Works, presented the staff report.
Public Comment
None
Motion to adopt Resolution 2025-13 and direct staff to move forward with alternative 1.
Motion by Mayor Flynn
Seconded by Council Member Wallace
Regular Meeting Minutes 1/28/2025 Page 9 of 10
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
9. DISCUSSION ITEM(S)
9.1. Discussion Regarding Utility Billing Issues and Efforts to Correct Errors and Bring Billing Current
Lincoln Bogard, Administrative Services Director, presented the staff report.
Public Comment
• Frank Connolly
• Virginia Cervantes
Motion to continue the meeting past 10:00 p.m.
Motion by Mayor Pro Tem Royce
Seconded by Mayor Flynn
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 4-1.
10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Council Member Miller announced his upcoming Town Hall meeting.
11. ITEMS FOR FUTURE AGENDAS
11.1. New Items:
11.2. Pending Items:
1. Update on Community Garden (Flynn)
2. Zencity Contract (Flynn)
3. Developer Presentation on Sunset Crossroads Project (Flynn)
4. Ongoing Billing Errors – Electric and Water (Flynn)
5. Contracting Animal Services (Flynn)
6. Code Enforcement Department Citations Process (Miller)
7. Existing Public Benefits Fund Accounting (Royce)
Regular Meeting Minutes 1/28/2025 Page 10 of 10
8. Emergency Preparedness (Barrington)
9. Changes to the Banning Procedural Manual (Royce)
10. Report on Fire Hydrants (Flynn)
11. Tree Trimming at Repplier Park and near Sun Lakes (Flynn)
12. ADJOURNMENT
Motion to adjourn.
Motion by Mayor Pro Tem Royce
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
The meeting was adjourned at 10:04 p.m.
Minutes Prepared by:
Caroline Patton, Administrative City Clerk
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 ATTACHMENTS:
Exhibit A – Agenda Item 8.2: Staff Presentation
Exhibit B – Agenda Item 9.1: Staff Presentation
Exhibit C – Agenda Item 9.1: Public Comment Received
RESOLUTION 2025-13
Awarding a PSA for the Design of the Hargrave Grade
Separation to Kimley Horn and Associates, Inc.
Hargrave Grade Separation
• Riverside County Transportation Commission
• 2017 Study prioritized 46 at-grade crossing
•Accident Rates
•Existing/Future Vehicle Delays
•Vehicle Emissions from Idling
• Horn Noise Impacts on Residential Areas
•Adjacency to Existing Grade Separations
Exhibit A
Hargrave Grade Separation
• RCTC’s 2017 Study grouped the 46 at-grade crossings into 5 priority categories, Priority 1 (Highest) and Priority 5 (Lowest)
• Hargrave Grade Separation was listed in Priority 1 with an urgency for grade separation by the year 2026.
• Listed as a priority project in RCTC’s 2020 Traffic Relief Plan
Project Benefits
EXISTING CHALLENGE PROJECT SOLUTION/BENEFITS
At-grade crossing safety risks Eliminates direct conflict points with trains.
Traffic congestion on local
streets and stacking on I-10
Relieves congestion caused by stalled traffic when trains pass through the city. Cars and trucks back-up into neighborhoods and create stacking on Interstate 10 when off ramp traffic cannot disperse.
Idling pollution/air quality
impacts
Keeps rail and vehicle traffic moving, eliminating idling and reducing greenhouse gas emissions that impact surrounding areas/neighborhoods.
Noise Pollution Eliminates the required train horns to signal approach to at-grade crossings, resulting in reduction in noise pollution and better quality of life for residents.
Lack of provisions for Active
Transportation
Creates a widened roadway with provisions for multi-modal travel including sidewalks and bicycle lanes.
Delays in Emergency Response Relieves traffic congestion and provides north/south connectivity, ensuring timely emergency response.
Blocked Crossings Eliminates community impacts of stopped trains and blocked crossings, including traffic congestion, emergency response delays, and impacts on connectivity and mobility.
Funding Efforts • Local Transportation Impact Fee (2019) • Road widening made part of City’s DIF program
• RAISE Grant
• Application submitted in July, 2021
• $2.24M ask; not awarded
• RCE Grant
• Application submitted in October, 2022
• $2.8M ask; funding awarded
• RCTC (SB 125 – TIRCP)
• Awarded $5M
m
Request for Proposals • Scope of Work
• Project Administration
• Data collection
• Basis of Design Document
• Concept Development and
Project Approval
• Environmental (NEPA/CEQA)
• Scope of Work
• Plans, Specs and Estimates
• Right-of-Way
• Coordination, Agreements,
Permits
• Bidding Services
• Construction Phase Funding
Request for Proposals • RFP Results
• Received three proposals
• Evaluation committee evaluated
and scored the proposals based
on qualifications, cost, and
experiences.
• Conducted interviews with the
three firms
Funding Breakdown
RCTC (SB125-TIRCP) RCE GRANT LOCAL (DIF) TOTAL
$5,000,000 $2,800,000 $550,000 $8,350,000
• Presidential Executive Order – “Unleashing American Energy” • Pauses the disbursement of funds appropriated through the Infrastructure Investment and Jobs Act of 2021 (IIJA) and the Inflation Reduction Act of 2022 (IRA). • Impacts the RCE Grant
• Pause effective 1/28/25
• Agencies to respond by 2/10/25 regarding programs, projects and activities subject to the pause.
Council Alternatives
• Alternative #1: Award the contract as recommended.
• Staff would work with KH to limit scope to fit within budget if RCE funding is not available (early contract termination).
• Alternative #3: Direct staff to work with KH to revise scope to fit within the reduced budget as if RCE funding is unavailable.
• Alternative #2: Award the contract as recommended and direct staff to not begin work until written notice is provided that RCE funding is available.
• Alternative #4: Do not award. Staff to return to Council once written notice is provided that RCE funding is in place.
Thank You
Status Subject
Product
Category Primary Contact Assigned to Number Date Created Date Modified Duration Pending / On Hold - Waiting on Customer BNG BLiXp22- Payment Issue on Level Pay Account CIS Darling Heu Jan Caldwell 400628 01/27/2025 01/27/2025 0 Closed BNG BLiXp22 - Returned Items Account# 52863001 & 52863002 CIS Claudia Mancia Jan Caldwell 400627 01/27/2025 01/28/2025 1 Pending / On Hold - Waiting on Customer BNG BLiXp22 - 110031 Credit to be Posted CIS Raven Torbic Melissa Kelley 400351 01/22/2025 01/24/2025 2 Closed BNG BLiXp22 - Trouble Paying Bill CIS Claudia Mancia Melissa Kelley 400174 01/21/2025 01/22/2025 1 Pending / On Hold - Waiting on Customer BNG BLiXp22 Misapplied Payment for 58239 in IC CIS Raven Torbic Jan Caldwell 400047 01/17/2025 01/23/2025 6 Closed BNG BLiXp22 - Remote payment assistance CIS Lilly Mascorro Jon Gibson 400031 01/17/2025 01/17/2025 0 Closed BNG BLiXp9 Service Order Error CIS Darling Heu Jan Caldwell 399945 01/16/2025 01/20/2025 4 Closed BNG BLiXp22 - BNGAROCK Log-in CIS Amber Rockwell Jon Gibson 399765 01/15/2025 01/15/2025 0 Closed BNG BLiXp22-Manual upload required for missing electric daily reads from Expert Power (Satec)
CIS Rick Diaz Jan Caldwell 399747 01/15/2025 01/23/2025 8 Closed BNG - BLiXp22 - EBIZ ERROR 56509 CIS Claudia Mancia Jan Caldwell 399636 01/14/2025 01/14/2025 0 Closed BNG BLiXp22 - Ebiz Issue CSR Darling CIS Darling Heu Starla Kuberski 399334 01/10/2025 01/15/2025 5 Closed BNG BLiXp22 - Ebiz CSR Portal Error CSR Claudia CIS Claudia Mancia Starla Kuberski 399333 01/10/2025 01/15/2025 5 Closed BNG BLiXp22 - HELP! Milsoft isn't loading! CIS Darling Heu Jon Gibson 399289 01/10/2025 01/13/2025 3 Closed BNG BLiXp22 - System Errors on Billing CIS Julie Henry Jan Caldwell 399248 01/09/2025 01/14/2025 5 Pending / On Hold - Waiting on Customer 281609 BNG ebiz/IC - Auto Pay CIS Raven Torbic Sierra Wink 399247 01/09/2025 01/15/2025 6 In Progress BNG BLiXp9 91233-002 Gomez, J auto conveyance autopay not processed - see linked case
CIS Claudia Mancia Holly Henderson 399243 01/09/2025 01/10/2025 1 Closed BNG BLiXp22 - Ebiz CSR Portal Error CIS Jordan Rowland Melissa Kelley 399190 01/09/2025 01/21/2025 12 Closed BNG BLiXP22 - RE: MISSING SERVICE ORDER #2305 TO NOBEL CIS Lilly Mascorro Jan Caldwell 399188 01/09/2025 01/09/2025 0 Pending / On Hold - Waiting on Customer BNG BLiXp22 - Account Status - 42651-001 CIS Jordan Rowland Jon Gibson 399183 01/09/2025 01/10/2025 1 Closed BNG BLiXp22 - Banking 01/09/2025 CIS Claudia Mancia Jan Caldwell 399176 01/09/2025 01/09/2025 0 Closed BNG BLiXp22 - Requesting Test Environment BN1 data refresh tonight. CIS Lilly Mascorro Jan Caldwell 399170 01/09/2025 01/09/2025 0 Closed BNG BLiXp22 - MISSING SERVICE ORDER #2305 TO NOBEL CIS Lilly Mascorro Jan Caldwell 399130 01/08/2025 01/09/2025 1 Closed BNG BLiXp22 - 2512 WAILEA BEACH DR CIS Lynette Algiers Jan Caldwell 399123 01/08/2025 01/23/2025 15 Pending / On Hold - Waiting on Another Vendor BNG ebiz/IC - 105589001 AUTOPAY ISSUE CIS Sierra Wink 399080 01/08/2025 01/10/2025 2 Closed Slow model EA/LT Richard Soriano Haden McGill 399064 01/08/2025 01/08/2025 0 Closed BNG BLiXp22 - BANKING 01/07/2025 CIS Claudia Mancia Jan Caldwell 398932 01/07/2025 01/07/2025 0 Closed BNG BLiXP22 - Account# 111455-001 CIS Claudia Mancia Jan Caldwell 398811 01/06/2025 01/07/2025 1 Closed BNG BLiXp9: IC issue with guest payment portal CIS Darling Heu Holly Henderson 398774 01/06/2025 01/08/2025 2 Closed BNG BLiXp22 -Banking 01/06/2025 CIS Claudia Mancia Jan Caldwell 398768 01/06/2025 01/10/2025 4 Closed Fw: Daily Close Failed - Open Drawer CIS Lilly Mascorro Casey Jeter 398693 01/03/2025 01/06/2025 3 Closed BNG BLiXp - Delete BATCH# 2863559 CIS Claudia Mancia Jan Caldwell 398691 01/03/2025 01/07/2025 4 Closed BNG BLiXp22 - Banking 1/3/25 CIS Claudia Mancia Starla Kuberski 398649 01/03/2025 01/06/2025 3 Closed BNG BLiXp22 - 95489-001 Missing Credit CIS Raven Torbic Jan Caldwell 398640 01/03/2025 01/10/2025 7 Closed BNG BLiXp22 - PAYMENT NOT REPORTING TO CIS ACCT #108707 CIS Sierra Wink 398555 01/02/2025 01/07/2025 5 Closed BNG - BLiXp22 Missing IC Payment for account 109249-001 - Duplicate Case is 398307 CIS Jan Caldwell 398537 01/02/2025 01/13/2025 11 Exhibit B
Closed BNG BLiXp22 - Banking 01/02/2025 CIS Claudia Mancia Jan Caldwell 398534 01/02/2025 01/04/2025 2 Closed BNG BLiXp22 - MSGW Acct_Chnge BNGRTORB CIS Starla Kuberski 398421 12/31/2024 12/31/2024 0 Closed BNG iXp22 - Create Remote Payment Batch to reverse Tri Pointe payments in batch 11261 CIS Lilly Mascorro Jan Caldwell 398413 12/30/2024 01/04/2025 5 Closed BNG BLiXp22 -Missing IC Payment for account 109249-001 CIS Jordan Rowland Jan Caldwell 398307 12/27/2024 01/26/2025 30 Closed BNG BLiXp22 - OFC - Wrkactjob MSGW CIS Dan Battle Starla Kuberski 398295 12/27/2024 12/27/2024 0 Closed BNG BLiXp22 - 99245-001 Rodriguez, Andy - Autopay CIS Claudia Mancia Starla Kuberski 398291 12/26/2024 01/25/2025 30 Closed BNG BLiXp22 - RT 29 AUX1 AND 2 CORRECTIONS CIS Lynette Algiers Jan Caldwell 398283 12/26/2024 01/25/2025 30 Closed BNG BLiXp22 - ACCOUNT# 51223 ALLEN/ Payment reversal CIS Claudia Mancia Jan Caldwell 398268 12/26/2024 01/25/2025 30 Closed BNG BLiXp22 - Banking 12/26/2024 CIS Claudia Mancia Starla Kuberski 398262 12/26/2024 01/25/2025 30 Closed BNG BLiXp22 - Banking Files 12/23/2024 CIS Lilly Mascorro Jon Gibson 398220 12/23/2024 01/22/2025 30 Closed BNG BLiXP22 - Add aux meters for 4955 Hickory WAY - conversion issue CIS Lynette Algiers Jan Caldwell 398190 12/23/2024 01/22/2025 30 Closed BNG BLiXp22 - ROUTE 29 AUX 2 PREVIOUS READ CHANGES CIS Lilly Mascorro Jon Gibson 398145 12/21/2024 01/21/2025 31 Closed BNG BLiXp22 - Correct previous read setting to include ALL meter types CIS Lilly Mascorro Jon Gibson 398143 12/21/2024 12/23/2024 2 Closed BNG BLiXp22 - 4896 OAKHURST AVE - 112844-001 - 1 - New Account CIS Juanita Munoz Jon Gibson 398137 12/20/2024 01/19/2025 30 Closed BNG BLiXp22 - 2527 WAILEA BEACH DR CIS Lynette Algiers Jon Gibson 398119 12/20/2024 12/23/2024 3 Closed BNG BLiXp22 - 3736 W RAMSEY ST CLSTE Acct 76269-001 CIS Lynette Algiers Starla Kuberski 398098 12/20/2024 01/19/2025 30 Closed BNG BLiXp22 - 1564 PEPPER LN CIS Lynette Algiers Melissa Kelley 398096 12/20/2024 01/19/2025 30 Closed BNG BLiXp22 - 1700 N MOUNTAIN AVE CIS Lynette Algiers Melissa Kelley 398094 12/20/2024 01/19/2025 30 Closed BNG BLiXp22 - 5775 MYRTLE BEACH DR Acct 41755-001 CIS Lynette Algiers Starla Kuberski 398092 12/20/2024 01/19/2025 30 Closed BNG BLiXp22 - 112963-001 Service Order CIS Claudia Mancia Jon Gibson 398062 12/19/2024 01/18/2025 30 Closed BNG BLiXp22 - 34395-081 - 5700 W WILSON ST - ROUTE 25 CIS Juanita Munoz Jon Gibson 398060 12/19/2024 01/18/2025 30 Closed BNG BLiXp22 - 5272 Breckenridge AVE CIS Lynette Algiers Jon Gibson 398059 12/19/2024 01/18/2025 30 Closed 2483 WAILEA BEACH DR CIS Lynette Algiers Holly Henderson 398053 12/19/2024 01/18/2025 30 Closed BNG BLiXp22 - Update Present Read for account75687-001 - 691 OMAR ST - ROUTE 25 CIS Juanita Munoz Jan Caldwell 398019 12/19/2024 01/18/2025 30 Closed BNG BLiXp22 - 109339 ABBOTT CIS Claudia Mancia Jan Caldwell 398008 12/19/2024 01/24/2025 36 Closed BNG BLiXp22 - 1188 N ASPEN LN CIS Lynette Algiers Jon Gibson 398006 12/19/2024 01/18/2025 30 Closed BNG BLiXp22 - 5126 SPRING VIEW DR - 112841-001 1 - New Account CIS Juanita Munoz Jon Gibson 398000 12/19/2024 01/18/2025 30 Closed BNG BLiXp22 - 4133 CHESTNUT LANE CIS Lynette Algiers Sierra Wink 397988 12/19/2024 01/18/2025 30 Closed INVOICE CLOUD PAYMENTS 11/18/2024 -11/19/2024 and 11/20/2024 CIS Claudia Mancia Jan Caldwell 397977 12/19/2024 01/18/2025 30 Pending / On Hold - Waiting on Customer BNG BLiXp22 - Account # 61269 PASSWORD RESET CIS Claudia Mancia Jon Gibson 397939 12/18/2024 12/19/2024 1 Closed BNG BLiXp22 - 690 W Pendleton RD - ACCT 100521-002 CIS Jordan Rowland Jan Caldwell 397923 12/18/2024 01/21/2025 34 Closed BAN BLiXp22 - CIS DOWN PLEASE ASSIST CIS Claudia Mancia Sierra Wink 397748 12/17/2024 01/16/2025 30 Closed BNG iXp22 - BUDGET BILLING ACCOUNT #99765 CIS Claudia Mancia Melissa Kelley 397697 12/17/2024 01/16/2025 30 In Progress BNG - IC/eBiz reset password issue CIS Claudia Mancia Kathy Smith 397626 12/16/2024 12/16/2024 0 Closed Blanket case for updates to readings and dates in BLPMSTR and BLPAXMTR plus Meter and Location problems in BLPMMST and BLPLOCT due to conversion issues.
CIS Lilly Mascorro Jan Caldwell 397558 12/16/2024 01/16/2025 31 Closed BNG BLiXP22 - Old Solar Route 32 Changes needed in Production CIS Lilly Mascorro Jan Caldwell 397530 12/16/2024 12/27/2024 11 Closed BNG BLiXP22 - Bill delivery options CIS Lilly Mascorro Melissa Kelley 397516 12/15/2024 01/14/2025 30 Closed BNG BLiXp22 - Allow access to work in bypass CIS Lilly Mascorro Melissa Kelley 397510 12/15/2024 01/14/2025 30 Closed BNG BLiXp22 - Banking files CIS Lilly Mascorro Jon Gibson 397485 12/13/2024 01/12/2025 30 Closed BNG BLiXP22 - eBiz error message CIS Lilly Mascorro Melissa Kelley 397408 12/12/2024 01/21/2025 40 Closed BNG BLiXp22 - EBIZ/SETTING Section "DESKTOP SITE" Not Working CIS Claudia Mancia Melissa Kelley 397406 12/12/2024 01/11/2025 30 In Progress / Development in Progress BNG BLiXp22 - Eprint - On Meter Change, the usage is not displaying correctly on eprint PDF. Also # days is not showing correctly on the new meter.
CIS Lynette Algiers Jan Caldwell 397373 12/12/2024 01/15/2025 34 Closed BNG BLiXp22 - eBiz Login failed Darling CIS Lilly Mascorro Starla Kuberski 397349 12/12/2024 01/11/2025 30 Closed BNG - IC/eBiz - link accounts with a 'W' for auotpay, paperless, and payment methods Installs Kathy Smith 397299 12/11/2024 12/13/2024 2 Closed Route 53 billing - bill calc screen error message CIS Lynette Algiers Jan Caldwell 397197 12/10/2024 12/27/2024 17 Closed BNG BLiXp - Bill Calc error message - Spot market billing date must be within 1 month of current accounting date
CIS Lilly Mascorro Jan Caldwell 397147 12/10/2024 01/15/2025 36 Closed BNG BLiXp22 - MSGW CIS Jon Gibson 397007 12/06/2024 12/06/2024 0 Closed BNG BLiXp22 - MSGW CIS Jon Gibson 397006 12/06/2024 12/06/2024 0 Closed BNG BLiXp22 IC Over the Counter Payment CIS Darling Heu Holly Henderson 396728 12/03/2024 01/02/2025 30 Closed BNG BLiXp 22Ebiz Usage History CIS Darling Heu Holly Henderson 396727 12/03/2024 01/02/2025 30 Closed BNG BLiXp22 - Book 11 Corrections CIS Claudia Mancia Sierra Wink 396393 11/26/2024 12/26/2024 30 Closed BNG BLiXp22 IC Failed IEHP Card Payment CIS Holly Henderson 396349 11/26/2024 12/02/2024 6 Closed BNG BLiXp22 - Banking for 11/25 & 11/26 CIS Claudia Mancia Amanda Wilson 396347 11/26/2024 12/30/2024 34 Closed BNG: New Utility Bill - Level Pay CIS Darling Heu Sierra Wink 396309 11/25/2024 11/26/2024 1 Pending / On Hold - Development Required BNG BLiXp22 Invoice Cloud/eBusiness Issue CIS Darling Heu Holly Henderson 395984 11/20/2024 12/26/2024 36 Closed BNG BLiXp22 payment in cash drawer creating dup invoice and not applying to the invoice in IC
CIS Holly Henderson Holly Henderson 395805 11/19/2024 11/19/2024 0 Closed WindMil Posting Error EA/LT Richard Soriano Brendan Acosta 395694 11/18/2024 12/19/2024 31 Closed BNG BLiXp22 IC ACCT# 42265-005 cannot select invoice for payment in guest pay CIS Claudia Mancia Holly Henderson 395576 11/15/2024 12/18/2024 33 Closed BNG BLiXp24 - Change Wells Fargo Remote Batch Payment Number CIS Starla Kuberski Starla Kuberski 395035 11/08/2024 12/27/2024 49 Closed BNG BLiXp22 - Wells Fargo Batch Numbers Incorrect CIS Lilly Mascorro Jan Caldwell 394910 11/07/2024 12/20/2024 43 Closed BNG - Create users in green screen (BN1 & BNG) IT_Milsoft Lilly Mascorro Joyce Porter 394308 10/31/2024 12/27/2024 57 Closed Licensing: commuter licenses EA/LT Brandon Robinson Haden McGill 393163 10/16/2024 10/16/2024 0 Closed Asterisk Extensions for City of Banning IT_Milsoft Jonathan Harris Chalon Hopper 392209 10/04/2024 10/11/2024 7 Closed Licensing and Enterprise discussion EA/LT Brandon Robinson Haden McGill 392019 10/02/2024 10/02/2024 0 Closed Add 1 seat of Landbase and streaming landbase to entitlement EA/LT Bart Brockway Matt Hall 391051 09/24/2024 09/24/2024 0 Closed WM won't open due to lack of license EA/LT Brandon Robinson Haden McGill 390876 09/23/2024 10/03/2024 10 Closed Renew Support EA/LT Amber Utley Haden McGill 387015 08/07/2024 08/07/2024 0 Closed Externals offline EA/LT Amber Utley Brendan Acosta 384088 07/02/2024 07/02/2024 0 Closed Exporting .shp file EA/LT Amber Utley Haden McGill 383533 06/25/2024 06/25/2024 0 Closed BAN BLiXp22 TST Cash Drawer Audit Report CIS Stacy Bouslog Holly Henderson 382372 06/11/2024 06/11/2024 0 Pending / On Hold - Development Required Water Meter Test information Input CIS Perry Gerdes Jan Caldwell 378731 05/02/2024 12/31/2024 243 Closed BAN BLiXp23 data pump error; payments not updating CIS User/Pass Authentication Failed
CIS Holly Henderson 378090 04/24/2024 04/24/2024 0
Closed BN1 iXp22 - reset and enable bn1cyoung FMS / WMS Tina Roach Gina Salois 377621 04/18/2024 04/18/2024 0 Closed BNG IViXp22 - Banning CUDTABN1 IV > TASKS > MATERIAL SELECTION FMS / WMS Mr. John Bleiker Jenny Hamar 377492 04/17/2024 05/17/2024 30 Closed BNG - reset user FMS / WMS Allison Morrison 377487 04/17/2024 04/17/2024 0 Closed BNG iXp22 - test users FMS / WMS Tina Roach Gina Salois 377443 04/17/2024 04/17/2024 0 Closed BNG - user BN1PLOGA has never signed in FMS / WMS Allison Morrison 377427 04/17/2024 04/17/2024 0 Closed BNG - IC/eBiz - RSS feed effective dates for messages CIS Kathy Smith 377151 04/15/2024 08/21/2024 128 Closed Add Collection Date (Due Date) to the Delinquent File created for InfoSend CIS Stacy Bouslog Jan Caldwell 374574 03/15/2024 04/10/2024 26 Closed EQDB questions EA/LT Dustin Gray Brendan Acosta 373178 02/28/2024 02/28/2024 0 Closed upgrade questions EA/LT Amber Utley Brendan Acosta 372946 02/26/2024 02/26/2024 0 Closed Nobel is requesting backflow data be sent from CIS on daily basis CIS Perry Gerdes Jan Caldwell 368541 01/09/2024 10/11/2024 276 Closed Energy Efficiency Report - Rebate Report CIS Carla Young Jan Caldwell 363866 11/06/2023 02/06/2024 92 Closed BNG - Add check number to receipts CIS Amanda Wilson Amanda Wilson 360073 09/21/2023 04/30/2024 222 Closed BNG - TEST - Error on Estimate RTB accounts without reads CIS Amanda Wilson Amanda Wilson 359935 09/20/2023 09/20/2023 0 Closed BNG - Create iSeries users for BN1 (test) IT_Milsoft Amanda Wilson Joyce Porter 357903 08/29/2023 08/30/2023 1 Closed Create new Daffofc User Profiles for the following BN1 users CIS Stacy Bouslog Joyce Porter 353571 07/11/2023 07/24/2023 13 Closed BNG IViXp22 - PO Logo and clause FMS / WMS Gina Salois Gina Salois 348895 05/18/2023 05/18/2023 0 Closed WM install for new employee EA/LT Dustin Gray Matt Hall 346902 04/26/2023 04/26/2023 0 Closed Purchase order verbiage FMS / WMS Carla Young Cadey Widacki 346638 04/24/2023 05/21/2023 27 Closed Banning - Internal Users for BNG and BN1 Installs Amanda Wilson Amanda Wilson 342626 03/14/2023 05/25/2023 72 Pending / On Hold - Development Required PBI Customer requests the ability to map more than 1 meter to a consumer OMS Rick Diaz Matt Holveck 341238 03/01/2023 10/13/2023 226 Closed Create Green Screen users for BN1 IT_Milsoft Jan Caldwell Jan Caldwell 333035 11/29/2022 02/28/2023 91 Closed BN1 iXp22 test - Adjustment type creation CIS Jan Caldwell Jan Caldwell 330063 10/25/2022 01/03/2023 70 Closed Light Table training and videos EA/LT Dustin Gray Matt Hall 318652 06/20/2022 06/20/2022 0 Closed USB key works 50% of the time EA/LT Dustin Gray Matt Hall 303025 01/26/2022 01/26/2022 0 Closed Can't post job with externals EA/LT Haden McGill 300065 12/30/2021 12/30/2021 0 Closed get quote for another WM seat EA/LT Dustin Gray Brendan Acosta 294606 11/04/2021 11/04/2021 0 Closed Milsoft security module EA/LT Jody Wheeler Brendan Acosta 280452 06/30/2021 09/27/2021 89 Closed Helping Jody W restore externals EA/LT Haden McGill 278981 06/14/2021 06/14/2021 0 1 From: Adam Turner <[email protected]>
Sent: Tuesday, January 28, 2025 9:05 AM
To: Sheri Flynn <[email protected]>; Leroy Miller <[email protected]>; Cynthia Barrington <[email protected]>; Richard Royce <[email protected]>; Colleen Wallace <[email protected]>; Doug Schulze <[email protected]>
Subject: City Council Meeting (01/28/2025) - Supplemental Input for Milsoft Billing Software Good morning, City of Banning Council Members and Mr. Doug Schulze, Although we have not been notified, it has come to Milsoft's attention that the City Council will be meeting in regular session tonight to discuss, among other topics, the recent implementation and future of Milsoft's billing software. After reading the City's Staff Report prepared by Lincoln Bogard, publicly posted in your Agenda for tonight, we would like to provide supplemental input for your review and consideration that we believe better frames the characterization and status of the project.
It remains our desire that we continue with the now-live software with the cooperation of City's staff, as we are genuinely confident in the capabilities of both the software and your hands-on users.
Please see our Responsive Supplement to City Staff Report (attached), which we ask to be posted for inclusion in your Agenda packet. Feel free to contact me regarding any questions you may have.
Sincerely,
Adam Turner
--
Adam Turner | CEO of Business Operations
(o) 325.695.1642 | (o) 800.344.5647 | www.milsoft.com
4400 Buffalo Gap Rd | Suite 5150 | Abilene, TX | 79606
Exhibit C
MILSOFT UTILITY SOLUTIONS, INC.
RESPONSIVE SUPPLEMENT TO
CITY STAFF REPORT
TO: CITY COUNCIL c/o Douglas Schulze, City Manager
FROM: Adam Turner, Milsoft President and CEO of Business Operations COUNCIL MEETING DATE: January 28, 2025 (as found online Friday, Jan. 24, 2025) SUBJECT AS POSTED: Discussion Regarding Utility Billing Issues and Efforts to Correct Errors and Bring Billing Current
Dear Mr. Schulze and Council Members,
Please consider the following for inclusion and consideration within any discussion regarding the subject matters of Utility Billing Issues and Efforts to Correct Errors and Bring Billing Current, in addition to the incomplete Staff Report previously prepared by Lincoln Bogard as it appeared in your on line Agenda Packet on January 24, 2025. The first thing inexplicably missing from that Staff Report is Milsoft's Initial Response to the Banning Notice of Default and Termination, which was a lengthy email sent from myself to Mr. Schulze on Monday, Dec. 23, in direct and detailed reply to Mr. Schulze's letter asserting default/termination that was dated Nov. 20 but not sent or received until emailed to Adam Turner by Mr. Bogard on Dec. 20, 2024. A copy of Milsoft's response is respectfully attached hereto for the Council Members' information.
SUPPLEMENTAL BACKGROUND:
Milsoft commenced "go-live" implementation of the traditional billing processes for the City during the first week of November 2024, after conducting parallel test runs of September's billing with City staff using both the old Naviline and the new Milsoft systems. As a cautionary precondition prior to going live for billing without Naviline, Milsoft requested and received written assurance of City staff's successful trial runs and readiness to proceed, from Banning's acting Project Manager, whose affirmation stated:
We have verified this version of the software meets our business requirements through the accompanying practice and testing checklists provided Mi/soft Utility Solutions. We have confirmed that our users have performed all applicable tasks with knowledge of the process and verified satisfactory results within our Go Live Requirements. We have confirmed that our data is complete, accurate, and available.
That c1pproving Client Producti.on Authorization Review, signed for the City 10/30/2024, is respectfully attached to clarify context of the implementation.
Contrary to an assertion in the second paragraph of the City's Staff Report, Milsoft staff never said "it would be catastrophic" not to implement as scheduled. Two weeks after going live, City employees had been processing billing, payments, adjustments, service orders, etc., but Lincoln Bogard said he wasn't comfortable using the new Milsoft system without adding more features and that he wanted to revert back to Naviline. Data conversions are not easy, and it was explained 1 MILSOFT UTILITY SOLUTIONS, INC.
to Mr. Bogard that a de-conversion had not been planned or developed so it would be a lot of work to go back. Perhaps this extra work and the cost of time and money it would take to go back was construed by Mr. Bogard to be catastrophic -- as apparently now being experienced without Milsoft -- but Milsoft never suggested or implied that it would be catastrophic if November's golive of the new system were delayed in the first place.
The initial delay in November was not due to issues with the Milsoft CIS system as such, but the City's bank's. Unfortunately, City personnel had not yet coordinated with Wells Fargo about changes related to the system implementation that were taking place. Since the bill print was changing, Wells Fargo had to review the placement of its dedicated optical character recognition (OCR} line to receive payments on behalf of the City. All billing was held up, at the direction of City management, due to this issue with Wells Fargo receipts, even though outgoing billing functionality and other payment sources were available and not utilized. Wells Fargo itself had a workaround available and could have received payments without the changes, but City management made the decision to hold billing. Milsoft reprioritized all its other customer work to accommodate changes required for Wells Fargo on behalf of Banning, and the Milsoft changes were completed and delivered within 1-2 days of receiving the requirements. Then Wells Fargo took several more days to validate the bill print. In Milsoft's opinion, the City's billing process could have proceeded during such efforts without being held up; regardless, the bank issues were resolved by mid-November and billing was allowed to proceed.
Unfortunately, when called to resume in mid-November, City staff had no billing cycles prepared (including rereads and variances) as is necessary to proceed, which caused more delay. Milsoft staff had assumed this billing prep was being done by the City while Milsoft was addressing the OCR line with Wells Fargo. The billing process was available and functional, but City staff were not yet familiar enough with the new system to confidently prepare and quickly catch up with the delayed cycles for the month; so Milsoft worked hurriedly to assist as needed, minimizing further delay. Other issues unrelated to Milsoft CIS also occurred during this time, such as the City's 3rd -
party vendor SATEC sending invalid daily readings of commercial electric usage that had to be researched and reset by Banning. That issue had been noticed by Milsoft in October and fixed by SATEC within a week, but required further attention by and between City billers and Electric Department staff in November before the true usage could be accurat ely assessed for billing.
The Staff Report prepared by Mr. Bogard says "Staff determined that Milsoft had improperly coded some water billing codes and that many billing errors had occurred," but no such issues have been reported to Milsoft, other than a matter brought to Milsoft's attention within the last two weeks involving an issue with water rates that were erroneously selected by City's user during a bill correction. Throughout the project, it has been made clear by Milsoft that Banning staff has access to system configuration and the responsibility to ensure data accuracy. Nonetheless, Milsoft is always willing to review and resolve any issues the City reports, provided a timely report is made and the City is willing to cooperate in seeking resolution. 2 MILSOFT UTILITY SOLUTIONS, INC.
Mr. Bogard's Staff Report also alleges that "One correction to a developer payment took nine days to resolve." Milsoft assumes this refers to the lnvoiceCloud® EMV terminal integration with the cashiering process in Milsoft CIS; in other words, integration between the billing software and the 3rd-party credit card processor (Invoice Cloud) sufficient for them to take payments and post back to the CIS. City staff had the Invoice Cloud devices on site for months to review this process and reported to the Milsoft implementation team that this functionality had been tested and verified, but an issue was identified shortly after implementation, due to differences between the physical Invoice Cloud devices and an online Invoice Cloud portal. Milsoft and Invoice Cloud provided a workaround that City staff agreed to use while Milsoft completed additional development; but even after this issue was resolved, City staff did not use the integrated devices in CIS for at least two more business days.
Mr. Bogard's Report goes on to say his "Staff has a full folder of the issues identified in the first two months of implementation," yet offers Council no indication of the number, nature, or status of such alleged issues. Milsoft is certain that all priority issues were either addressed or a workaround discussed. Any issue that remains open required further discussion with the City staff or management; however, Milsoft's Project Manager and staff often received no response or follow-up to help in the fix. Lincoln Bogard, acting as the City's Project Manager since August 2024, last communicated with Mil soft staff on December 7, not responding directly to any further input or inquiries since then, even when asked to engage in meetings addressing specifics of his generally expressed desire for more features related to automating General Ledger functionality.
On December 20, 2024, Mr. Bogard emailed to Milsoft a letter from the City Manager purporting to provide a Notice of Default and 30-day Notice of Termination, asserting an intent to terminate effective December 31 -- barely 11 calendar days from delivery. None of the issues mentioned in the Staff Report now posted for discussion on January 28 were identified with any specificity in the letter of December 20, and in fact the only issues presented were Mr. Bogard's belated desire for development of additional features beyond the original scope of the project, i.e. expansion to include automated postings in segregated accounts for Public Benefits, Utility Billing, and General Funds in transactional handling, beyond the scope of operational Electricity, Water and Wastewater funds (and apparently beyond the scope of the City's Staff Report). Milsoft responded immediately to the "notice" letter of December 20, by email to Mr. Schulze on Monday, December 23, asking the City to reconsider and suggesting more time to address the requests, but Milsoft did not concede any failure or default nor that the requests for additional functionality were issues to be "corrected." Yet for reasons unknown to Milsoft, no reply to that response has been received, despite follow-up outreach by phone and voicemail as recently as Jan. 22, as of the submission of this memorandum to supplement the record.
LACK OF JUSTIFICATION FOR TERMINATION:
Contrary to the disparaging and unsupported characterization in the City's public Staff Report, this was not a failed implementation. City staff or management have not identified any unresolved issues preventing Banning's use of the live, hosted Milsoft CIS, which is operational and available with reasonable cooperation.
3 MILSOFT UTILITY SOLUTIONS, INC.
FISCAL IMPACT:
Aside from the undisclosed costs likely to be required of the City for de-conversion and reversion back to its prior and/or future billing systems provider in lieu of Milsoft, there remains a balance owed to Milsoft in the approximate amount of $102,400 (32 months @ $3200 thru Sept 2027).
ALTERNATIVES:
(i) Milsoft stands ready, willing and able to host the City's CIS and billing software, and would welcome the resumption of cooperation and opportunity to assist City staff in utilization without further delay.
(ii) As Milsoft's president and CEO of Business Operations, Adam Turner would be happy to bring Project Manager Chelsea Dalton and others of the Milsoft team to Banning for personable, face-to-face meetings on site to hear and address any remaining concerns, at the City's convenience.
BUDGETED?:
To use the Milsoft billing system as agreed, yes.
CONTRACT/AGREEMENT:
Per contract documents attached as items 1 and 2 to City Staff Report, as recommended by explanatory Staff Report referenced and linked therein, approved by Council Resolution 2022-46.
SUPPLEMENTARY ATTACHMENTS:
(in addition to three attachments to City Staff Report)
4. Milsoft's Response to Notice of Default and Termination (Turner to Schulze)_l2.23.2024.pdf
5. Client Production Authorization Review, signed for the City 10/30/2024 (Lincoln Bogard).pdf 4 From: Adam Turner <[email protected]>
Date: December 23, 2024 at 08:55:15 CST
To: Doug Schulze <[email protected]>, [email protected] Attachment 4
Cc: Barbara Mason <[email protected]>, Lincoln Bogard <[email protected]>, Chelsea Dalton <[email protected]>, Brian Carr <[email protected]>, Sarah Robinson <[email protected]>, Bart Brockway <[email protected]> Subject: Re: Banning - Notice of Default and Termination (Milsoft) Doug Schultze, City Manager
City of Banning, CA
Re: Initial response to "Notice" first received Friday, Dec. 20 Dear Mr. Schultze,
After so many years of Milsoft's serving the engineering / analysis needs of the Banning Electric Utility and having just reached go-live with the City's comprehensive Customer Information System (CIS) / iXp billing and texting systems, I am surprised and disappointed that your first outreach to me comes in the form of a formal letter declaring "default and intent to terminate," unceremoniously forwarded without comment and apparently 30 days late by your deputy. It is unclear whether the date on the letter (November 20, 2024) was a typo intended to be December 20, or if delivery was intentionally or inadvertently delayed by a month, but please understand that the first I saw of the letter or learned of your dissatisfaction was upon my receipt by email this past Friday, December 20, just 11 calendar days before your expressed date of termination.
As for the substance of your letter, I agree that Section 3 of the Contract allows for a negotiation of a mutually agreeable Statement of Work (SOW), but I question your assertion that Milsoft has "failed" to establish accounting structures for transactions occurring in funds outside of Electric, Water, and Wastewater operation funds, or that such structures are actually "required." My questions in this area would include (first) whether such outside structures were specified among the City's criteria when we entered the Contract; (second) whether Milsoft has had reasonable time and good-faith cooperation of City personnel to add such functionality since requested; (third) whether such outside-operation functionality is truly material as essential elements of the overall Contract; and (overall) whether key City personnel have facilitated or obstructed the development of a Statement of Work to describe and set forth with particularity the essential scope, technical specifics, acceptable criteria, change orders, and other requirements as desired for expanding the project to include Public Benefits, Utility Billing, and General Funds in transactional handling.
From checking with our team after receiving your alarming letter, it is my understanding that Milsoft and most of Banning's participants in the project have been actively working well toward completing the recently-requested development and integration of these additional functions. To be fair, your suggestion of a Statement of Work for clearer articulation and final parameters of these vaguely-defined add-ons during the home stretch of implementation may well be a good idea; however, the absence of an official SOW at this stage does not constitute a unilateral failure of performance by Milsoft, as there has been some uncooperative lack of response communication when needed.
Your letter's reference to the Turnover Date per Section 4 as a last-call for flawless performance is misplaced. It is not at all clear that the recently-requested functional inclusion of outside-operation transactions were within the originally agreed scope, nor that they would be essential to substantial performance of the Contract as a whole. Moreover, according to the Warranties under Section 11 , as you've noted, Milsoft has the right to promptly correct any discrepancy in performance that materially impairs the appropriate functionality of the Software, rather than simply refunding the price paid for the City's several weeks of live use and undoing the hosted system after all this work.
I am genuinely sorry that you and one of your key personnel are frustrated. My desire has been and continues to be to provide the City of Banning with software solutions and customer service that meet or exceed its needs. I still believe Milsoft is uniquely positioned to help your City get more efficient and effective with a wholly integrated software suite. To reach these goals, I would like us to continue working with your teams in order to wrap up any lingering work and, hopefully, restore your confidence not just in the iXp and texting solutions but also with your other upcoming Milsoft product implementations. According to my team, both Banning's and Milsoft's hands-on staffers and techs have been quickly and dutifully working through final issues as they've been raised. I suggest we let them continue, in good faith, and hope if you're willing that we re-evaluate this matter again in six or twelve months. If you are not reasonably satisfied at that time, then we can continue down the pathway of terminating the iXp System and Texting components.
I'll be traveling with family this Christmas week, but will be monitoring messages and could be available to discuss at your convenience tomorrow, Thursday, and/or Friday, if you'd like.
Sincerely,
Adam Turner
On Fri, Dec 20, 2024 at 11 :23 AM Lincoln Bogard <[email protected]> wrote:
See attached.
Thank you.
Lincoln Bogard, MAcc, CPA, CFE
Administrative Services Director
Deputy City M anager
Finance, Purchasing, HR, Risk, IT,
Utility Billing, & Field Services
City of Banning
Direct Line: (951) 922-3118
Mobile Line: (951) 593-8612
Fax Line: (951) 846-8616
I boga rd@ban n i ngca .gov
99 E. Ramsey Street
Banning, CA 92220
www.banningca.gov
The information contained in this email message is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged and/or confidential. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, if you have received this communication in error, please notify us immediately by telephone. Thank you.
Docusign Envelope ID: 14C660CC-0271-4926-A329-6FBF95F1 FC37 MILSOFT fe,
Utility Solutions f
Attachment 5
Client Production Authorization Review
We have verified this version of the software meets our business requirements through the accompanying practice and testing checklists provided Milsoft UtiliW Solutions. We have confirr:ned that our users have performed all applicable tasks with knowledge of the process and verified satisfactory results within our Go Live Requirements. We have confirmed that our data is complete, accurate, and available.
We the undersigned, hereby authorize Milsoft Utility Solutions to proceed with the conversion of our legacy CIS application to Milsoft's hosted iSeries (OFC) and hosted Windows Application Server for CIS & GL iXp22, and eBusiness (Invoice Cloud).
City of Banning
~'U'WXJ{.,,, 'Bo,~
Signature of Utility Project Manager
Lincoln Bogard
Print Name of Utility Project Manager
Date 10/30/2024
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Prior to the creation of client user administrator accounts in your production environment, please identify users who should have Client Administrator access. These will be users that have Level 9 authority within the security application and will be responsible for managing the security for all users.
Current setup can be found under Security> Security> Users menu upon logging into the Security application.
Eric Brown, Ramon Fuentes, Michael Isenberg, Louie Homan . List the authorized approvers for your organization belo-.y. The approvals include requ_ests for programming changes made in test, now tested and ready for moving/implementation in your live environment. This also would include your requests for data to be updated in your live environment including security updates or addition/removal of users Lincoln Bogard, Art Vela, Doug Schulze, Eric Brown, Lilly Mascorro Revised 11.20.14