Aliso Viejo City Council
April 16, 2025

AGENDA

ALISO VIEJO CITY COUNCIL
WEDNESDAY, APRIL 16, 2025
7:00 PM REGULAR MEETING

CITY HALL

COUNCIL CHAMBERS
12 JOURNEY

ALISO VIEJO, CA

Mayor Tiffany Ackley

Mayor Pro Tem Max Duncan
Councilmember Richard Hurt
Councilmember Mike Munzing
Councilmember Tim Zandbergen

WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chambers. Speakers will be called at the appropriate time as their interested matter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER. Council proceedings are recorded.

It is the City's intention to comply with the Americans with Disabilities Act (ADA) . If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102-35.104 ADA Title II] Please contact the City Clerk's Office at (949) 425-2505 at least 48 hours prior to the meeting.

Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the agenda are available in the lobby at City Hall on the Thursday preceding a regularly scheduled City Council meeting. All communications received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to specific agenda items, including communications received after agenda delivery, are presented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk's office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425-2505.

This meeting will be broadcast live on Cox Communications Channel 851, AT&T U- Verse Channel 99 and the City's website. By attending the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U-Verse Channel 99, and can be viewed on the internet at www.avcity.org.

MITZI ORTIZ SCOTT C. SMITH JANET MARTINEZ

CITY MANAGER CITY ATTORNEY CITY CLERK

1 1

PLEASE SILENCE ALL CELL PHONES AND OTHER

ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION

CALL TO ORDER: Convene Regular Meeting

ROLL CALL

PLEDGE OF ALLEGIANCE:

1. SPECIAL PRESENTATIONS:

1.1 BUSINESS OF THE MONTH - IMX PILATES

1.2 INTRODUCTION OF ADMINISTRATIVE SERGEANT JASON DURAN

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

3. COMMUNITY INPUT:

Members of the public wishing to address the City Council are requested to complete and submit to the City Clerk a "Request to Address City Council" form available at the entrance to the City Council Chambers. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed. Comments are limited to three (3) minutes per speaker.

4. CONSENT CALENDAR:

All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar wi ll be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.

4.1 WAIVE THE READING OF ALL ORDINANCES RESOLUTIONS
Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.

4.2 APPROVAL OF MINUTES
Recommended Action: Approve the minutes as submitted for the April 2, 2025 Special and Regular Meetings.

Draft Minutes - April 2, 2025 Special Meeting
Draft Minutes - April 2, 2025 Regular Meeting
2 2

4.3 ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between March 14, 2025, and March 27, 2025, in the amount of $1,019,500.53.

Staff Report
Attachment 1 - Accounts Payable Report

4.4 PROFESSIONAL SERVICES AGREEMENT WITH TYLER TECHNOLOGIES, INC.

FOR THE CITY’S PERMITTING SOFTWARE
Recommended Action: Approve and authorize the City Manager to execute a five- year Professional Services Agreement with Tyler Technologies, Inc. for the City’s permitting software in an amount not to exceed $605,316.

Staff Report
Attachment 1 - Agreement

5. PUBLIC HEARINGS:

5.1 REVOCATION OF A CONDITIONAL USE PERMIT FOR AN OUTPATIENT MEDICAL USE AT 27141 ALISO CREEK ROAD (USE-2024-00009)
Recommended Action: Adopt a Resolution revoking a Conditional Use Permit for an outpatient medical use at 27141 Aliso Creek Road (USE-2024-00009).

Staff Report
Attachment 1 - Proposed Resolution
Attachment 2 - Resolution No. 2024-32

6. DISCUSSION:

6.1 BIKE LANE DISCUSSION
Recommended Action:

1. Receive Staff presentation; and

2. Provide direction to Staff regarding bike lane improvement implementation timeline.

Staff Report
Attachment 1 - Presentation

7. CITY MANAGER' S REPORT:

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT:

The next regularly scheduled City Council meeting is May 7, 2025. 3 3

Special Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

SPECIAL MEETING
April 2, 2025, 5:30 PM
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Pro Tem Duncan called the Special Meeting of the City Council of the City of Aliso Viejo to order at 5:31 p.m.

ROLL CALL
PRESENT: MAYOR TIFFANY ACKLEY (arrived at 5:35 p.m.)

MAYOR PRO TEM MAX DUNCAN
COUNCILMEMBER RICHARD W. HURT
COUNCILMEMBER MIKE MUNZING (arrived at 5:32 p.m.)
COUNCILMEMBER TIM A. ZANDBERGEN
ABSENT: NONE
STAFF PRESENT: MITZI ORTIZ, CITY MANAGER

SCOTT SMITH, CITY ATTORNEY

JANET MARTINEZ, CITY CLERK

ANN EIFERT, FINANCIAL SERVICES DIRECTOR

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

SO KIM, COMMUNITY DEVELOPMENT DIRECTOR

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICE MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
STUDY SESSION:

SALES TAX PRESENTATION AND FY 2025-26 DRAFT BUDGET
City Manager Mitzi Ortiz introduced Financial Services Director Ann Eifert who introduced Bobby Young, Client Services Director from HdL Companies. Mr. Young provided a sales tax overview. Staff responded to questions regarding sales tax revenue for online purchases. Financial Services Director Ann Eifert, provided an overview of the FY 2025-26 draft budget.

ADJOURNMENT: Mayor Ackley adjourned the meeting at 6:56 p.m. to the April 2, 2025 Regular City Council Meeting.
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Special Meeting Minutes
Respectfully submitted: Approved by:
________________________ ________________________

JANET MARTINEZ TIFFANY ACKLEY

CITY CLERK MAYOR
5

Regular Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
APRIL 2, 2025, 7:00 PM
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Ackley called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:02 p.m.

ROLL CALL
PRESENT: MAYOR TIFFANY ACKLEY

MAYOR PRO TEM MAX DUNCAN
COUNCILMEMBER RICHARD W. HURT

COUNCILMEMBER MIKE MUNZING
COUNCILMEMBER TIM A. ZANDBERGEN
ABSENT: NONE
STAFF PRESENT: MITZI ORTIZ, CITY MANAGER

SCOTT SMITH, CITY ATTORNEY

JANET MARTINEZ, CITY CLERK

ANN EIFERT, FINANCIAL SERVICES DIRECTOR

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

SO KIM, COMMUNITY DEVELOPMENT DIRECTOR

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. RYAN BUHR, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Jennifer Engle led the pledge of allegiance.

1. SPECIAL PRESENTATIONS:

1.1 PROCLAMATION - FAIR HOUSING MONTH
Mayor Ackley presented the proclamation to Fair Housing Foundation Outreach Coordinator Christina Prado. Ms. Prado expressed her appreciation for the recognition.

1.2 PROCLAMATION - DONATE LIFE MONTH
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Regular Meeting Minutes
Mayor Ackley presented the proclamation to OneLegacy Ambassador Leslie Eskildsen.

Ms. Eskildsen expressed her appreciation and commented on the importance of the designation.

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

Mayor Ackley obtained consensus to reorder Discussion Item No. 6.2 to be discussed after Community Input.

3. COMMUNITY INPUT:

1.Thomas Pfeiffer commented on the budget for the Aliso Viejo Ranch.

6. DISCUSSION:

6.2 CITY OF ALISO VIEJO FLAG DISPLAY RESOLUTION (MUNZING) Councilmember Munzing provided an overview and responded to questions regarding verbiage on the resolution and current flag policy. Mayor Ackley opened for public comment:

The following spoke in opposition: 1. Nycole Freer; 2. Daniel Orea; 3. Florice Hoffman;

4. Dahlia Collins; 5. SJ; 6. Amy Mark; 7. Matt; 8. Anita Narayana. 9. Denise Penn; 10.

Stephanie Camacho-Vandyke; 11. Kane Duram; 12. Samuel Penned; 13. Michelle Antenesse; 14. Jennifer Engle; 15. Stephanie Wade; 16. Brendan Thorne; 17. Wendy Lords; 18. Chrstine Lippincott; 19. Chris Kluwe; 20. Chris Lawver; 21. Charlotte P.; 22.

Priscilla Huang; 23. Morgan Evans; 24. Amber Morrell; 25. Jill Upron; 26. Noelle Carney Campbell; 27. Elizabeth Gomez Dapena; 28. Michel Hughes; 29. Matthews Cribioli; 30.

Judy Iannacone; 31. Jeff Pearlman; 32; Anne H.; 33. Davis Garcia; 34. Pamela Ballar;

35. Heather Prithard; 36. Melissa Thompson; 37. Nolan Vega Pritchett; 38. Kat Lohrke;

39. Juliana M.; 40. Juliana Serur; 41. Louis Parker; 42. Ally Neufeld; 43. Anita Tsaason.

The following spoke in support: 1. Jenny Golden; 2. Alyssa Danielle; 3. Steve Mendoza;

4. Michelle O.; 5. Adonis Melas; 6. Scott White; 7. Kennedy Camacho; 8. Tara Ricksen;

9. Sonia Terwiske; 10. Patricia Waterman; 11. Steve Knoblock; 12. Greet Prete; 13.

Kristen Valle; 14. Jason Garshfield.

MAYOR ACKLEY RECESSED THE MEETING AT 9:07 P.M. AND RECONVENED AT 9:17 P.M.

Mayor Ackley read the public comments submitted via email. 7

Regular Meeting Minutes
The following individuals submitted an email in opposition: 1. Angela Smith; 2. Carina Aguirre; 3. Danielle Matthew; 4. Danielle Stavrinandis; 5. Fiona Kephart; 6. Kaylin Leetch; 7. Meghan Yolles ; 8. Michelle Mercurio; 9. Negar Omidakhsh; 10. Satomi Ogata; 11. The Alcantara-Flick Family; 12. Amanda Sturges; 13. Angela Smith; 14.

Chris Perluss; 15. Elizabeth Musetti; 16. Gia Lugo; 17. Gilliam Buckley; 18. Jessica Althoff; 19. Jessica Grisel; 20. Kalie Hellfeld; 21; Kelly Austin; 22. Kelly Foote; 23.

Lindsay Hargrave; 24. Mary Lara; 25. Meghan Yolles; 26. Monique Maessen; 27.

Morgan Estupinan; 28. Victoria Lowerson Bredow; 29. Wapee Sadaghiani; 30. Ashley Grey; 31. Becca Goodman; 32. Betsy K. Marshall; 33. Caitlyn Innis; 34. Carmen Stramara; 35. Caylynn Cole; 36. Deborah Lima; 37. Elizabeth Rodriguez; 38. Jessica;

39. Josephus Van Engelen; 40. Kimberly Goering; 41. Kris Reynolds; 42. Laura San Nicolas; 43. Leslie Kim, Kyle Mackey, Tyler Mackey; 44. Linda Parsons; 45. Lisa Locklear; 46 Lisa Snyder; 47. Louise Callus-Woosley; 48. Maureen Marsic; 49. Payal Avellan; 50. Phillip Lovelace; 51. Sabrina Van Engelen; 52. Scott Westerfield; 53.

Shauna Eheler; 54. Sofie Rockele; 55. Steven Wang; 56. Susanna Theroux; 58. Wendy Lords.

The following individuals submitted an email in support: 1. Kristina Thomas; 2. Tricia and Gilbert Portugal.

Recommended Action: Adopt City of Aliso Viejo Flag Display Resolution.

Motion: Councilmember Hurt moved and Mayor Ackley seconded to authorize Councilmember Munzing to work with the City Attorney for 10 hours to prepare resolutions. Motion failed due to no vote taken.

Motion: Councilmember Hurt moved and Mayor Ackley seconded to bring back the item at a future date. Motion failed 2-3, with Councilmembers Munzing and Zandbergen and Mayor Pro Tem Duncan dissenting.

Staff responded to questions regarding number of City-owned flagpoles and which flags have been flown at each site.

Motion: Councilmember Munzing moved and Mayor Pro Tem Duncan seconded to allow Councilmember Munzing to make a comment. Motion carried 3-2, with Councilmember Hurt and Mayor Ackley dissenting.

Motion: Mayor Pro Tem Duncan moved and Councilmember Munzing seconded to direct the City Attorney to spend 10 minutes to revise the proposed resolution and narrow the scope to the flagpole located at City Hall. No vote was taken.

Motion: Councilmember Zandbergen moved to suspend the decision. Motion failed due to lack of second.

By consensus, the City Council directed the City Attorney to revise the resolution to only pertain to the flagpole located at City Hall.
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Regular Meeting Minutes
MAYOR ACKLEY RECESSED THE MEETING AT 12:03 A.M. AND RECONVENED AT 12:09 A.M.

4. CONSENT CALENDAR:

Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Motion: Councilmember Hurt moved and Councilmember Munzing seconded to approve the recommended actions. Motion carried 5-0.

4.1 WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been ready by title, and further reading is waived.

4.2 APPROVAL OF MINUTES
Recommended Action: Approve the minutes as submitted for the February 26, 2025, and March 5, 2025, Special and Regular Meetings.

4.3 ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between February 28, 2025, and March 13, 2025, in the amount of $936,619.32.

4.4 TREASURER’S STATEMENT – FEBRUARY 2025
Recommended Action: Receive and file the February 2025 Treasurer’s Statement.

5. PUBLIC HEARINGS:

None.

MAYOR ACKLEY RECESSED THE MEETING AT 12:10 A.M. AND RECONVENED AT 12:17 A.M.

6. DISCUSSION:

6.2 CITY OF ALISO VIEJO FLAG DISPLAY RESOLUTION (MUNZING) 9

Regular Meeting Minutes
City Attorney Scott Smith presented the revised resolution. City Council discussion resumed.

Motion: Councilmember Munzing moved and Councilmember Duncan seconded to pull the resolution from consideration. Motion carried 5-0.

6.1 BIKE LANE DISCUSSION
Recommended Action:

1. Receive Staff presentation; and

2. Provide direction to Staff regarding bike lane improvement implementation timeline.

This matter was continued to April 16, 2025.

7. CITY MANAGER' S REPORT:

None.

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

None.

9. ADJOURNMENT: Mayor Ackley adjourned the meeting at 12:35 a.m. to the next regularly scheduled City Council meeting of April 16, 2025.

Respectfully submitted: Approved by:
________________________ ________________________

JANET MARTINEZ TIFFANY ACKLEY

CITY CLERK MAYOR
10 City of Aliso Viejo

AGENDA ITEM
DATE: April 16, 2025
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services

SUBJECT: ACCOUNTS PAYABLE
Recommended Action:

Ratify accounts payable checks and electronic funds transfers issued between March 14, 2025, and March 27, 2025, in the amount of $1,019,500.53.

Fiscal Impact:

Expenditures in the amount of $1,019,500.53.

Background:

The City issues accounts payable checks on a bi-weekly basis and presents it to City Council for ratification at its next regularly scheduled City Council meeting.

Discussion:

The attached registers containing checks and electronic funds transfers issued between March 14, 2025, and March 27, 2025, for $1,019,500.53, are being presented for ratification. All payments have been made in compliance with the City’s purchasing policy and procedures. Payments have been reviewed and approved by the appropriate departmental staff. The issued accounts payable checks and electronic funds transfers have been reviewed and deemed in accordance with the fiscal year budget by the Director of Financial Services.

Attachment:

1. Accounts Payable Report
11 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
APR'25 LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. 1,573.54 APR'25 DENTAL - DDCHOICE BUILDER 145.88
APR'25 VISION - DDCHOICE BUILDER 24.19
APR'25 DENTAL - TZCHOICE BUILDER 96.90
APR'25 DENTAL INSURANCECHOICE BUILDER 1,830.38
APR'25 DENTAL - RHCHOICE BUILDER 96.90
APR'25 VISION - RHCHOICE BUILDER 15.03
APR'25 VISION INSURANCECHOICE BUILDER 283.36
REF0011715095 - 1/23 PH 25 ALISAL CT CUPCALIFORNIA NEWSPAPERS PARTNERSHIP 382.80 REF0011709341 - 1/2 PH 400-700 FREEDOM LANE C.REVCALIFORNIA NEWSPAPERS PARTNERSHIP 500.43 APR'25 TZ - HEALTH PREMIUMCALPERS HEALTH 1,571.50
APR'25 CALPERS HEALTH PREMIUMCALPERS HEALTH 28,476.75
APR'25 TZ - HEALTH PREMIUM PEMCA MINIMUMCALPERS HEALTH 158.00 FEB'25 CONSULTING SERVICES FOR 400-600 FREEDOMKOSMONT & ASSOCIATES 212.50 FEB'25 CONSULTING SERVICES FOR 95 ARGONAUTKOSMONT & ASSOCIATES 212.50 NOV'24 CAA ENVIRONMENTAL SERVICES_95 ARGONAUTCHARLES ABBOTT ASSOC INC 1,015.00 JAN'25 CAA-ENVIRONMENTAL REVIEW SVCS-R.BEIMERCHARLES ABBOTT ASSOC INC 870.00 24-05-065_POOL-2024-00007_28 GATEWOOD DR_CDL MGMTCDL MANAGEMENT & CONSULTING 3,000.00 40,465.66

CITY COUNCIL
1/17/25-2/16/25 CITY COUNCIL PHONE LINESAT&T 192.38
CITY COUNCIL TOTAL: 192.38

CITY MANAGER
APR'25 PG - HEALTH PREMIUMCALPERS HEALTH 158.00
1/17/25-2/16/25 CITY MANAGER PHONEAT&T 370.48
1/17/25-2/16/25 HR PHONEAT&T 50.62
CITY MANAGER TOTAL: 579.10

HUMAN RESOURCES
FEB'25-CD SECURE LIVE SCAN FEESCHARLES C STILL 67.00
HUMAN RESOURCES TOTAL: 67.00

CITY CLERK
REF0011713743 - 1/16 PN SCO FIN RPRT-FY END JUN'24CALIFORNIA NEWSPAPERS PARTNERSHIP 589.00 REF0011721164 - 2/27 ORD SUMMARY INTRO-E BIKESCALIFORNIA NEWSPAPERS PARTNERSHIP 258.34 JAN'25 CCLK OFFICE SUPPPLIESSTAPLES ADVANTAGE 58.16
TOTAL COST GENERAL ELECTION ON 11/5/2024COUNTY OF ORANGE 30,622.65 CITY CLERK TOTAL: 31,528.15

CITY ATTORNEY
FEB'25 BBK GENERAL RETAINER LEGAL SERVICESBEST BEST & KRIEGER 24,150.00 FEB'25 BBK LITIGATION - CCBEST BEST & KRIEGER 1,267.50
FEB'25 BBK LABOR & EMPLOYMENT (SPECIALIZED)BEST BEST & KRIEGER 325.00 FEB'25 BBK GENERAL LITIGATIONBEST BEST & KRIEGER 4,044.10 FEB'25 BBK 89 PLAYA CIRCLEBEST BEST & KRIEGER 2,192.60
CITY ATTORNEY TOTAL: 31,979.20

FINANCE
APR'25 ADMIN FEECHOICE BUILDER 35.00
APR'25 CALPERS ADMIN FEECALPERS HEALTH 78.64
FINANCE TOTAL: 113.64

INFORMATION TECHNOLOGY
1/22/25-2/21/25 CH-ALARM/POTS LINEAT&T 3,771.80
FEB'25 ACCT#0202 CH CABLE TVCOX COMMUNICATIONS, INC 206.73 MAR'25 ACCT#0202 CH CABLE TVCOX COMMUNICATIONS, INC 206.74 FEB'25 ACCT#8802 CH INTERNET - FIBER (600MB)COX COMMUNICATIONS, INC 1,500.00 MAR'25 ACCT#8802 CH INTERNET - FIBER (600MB)COX COMMUNICATIONS, INC 1,500.00 FEB'25 ACCT#9302 LAB INTERNETCOX COMMUNICATIONS, INC 85.39 12 Description (Item)Vendor Name Amount
MAR'25 ACCT#9302 LAB INTERNETCOX COMMUNICATIONS, INC 85.39 MAR'25 NETWORK SUPPORT & SECURITYNEXUS IS INC 416.67
1/17/25-2/16/25 EOC MIFIAT&T 160.96
1/17/25-2/16/25 FLEET COMPLETE GPSAT&T 202.12
1/17/25-2/16/25 CITY HALL MIFIAT&T 223.72
1/17/25-2/16/25 EOC PHONES LINESAT&T 110.57
FEB'25 CH AT&T FIBER INTERNET SERVICEAT&T 1,704.89
FEB'25 ENERGOV & GISJOSE RUEL FABELLA DIRA 1,700.00
2/12/25-2/11/29 ACRONIS CYBER PROTECT VIRTUAL HOSTSHI INTERNATIONAL CORP 0.06 MAR'25 CH GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 1,996.68 GOTO VOID SMS COMPLIANCE - BRAND REGISTRATIONGOTO COMMUNICATIONS 4.00 GOTO VOIP SMS COMPLIANCE - CAMPAIGN VETTINGGOTO COMMUNICATIONS 15.00 MAR'25 CH GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 30.00 4/05/25-4/04/26 NEOGOV SOFTWARE SERVICESGOVERNMENTJOBS.COM INC 10,778.78 MAR'25 OFFSITE BACKUP STORAGELUNAVI, INC 604.25
INFORMATION TECHNOLOGY TOTAL: 25,303.75

NON-DEPARTMENTAL
BUS CARDS - J PORRASIPROMOTEU.COM INC 64.61
JAN'25 RICOH 2504 BACK OFFICE PRINTS (4542)RICOH USA 27.70 JAN'25 RICOH 2504EX FRONT COUNTER PRINTS (4456)RICOH USA 75.57 NOV'24-JAN'25 RICOH 2504EX SUITE 200 PRINTS (2936)RICOH USA 23.64 FEB'25 RICOH RSI CLOUD SUBSCRIPTION (SW1860708)RICOH USA 24.31 FEB'25 RICOH 2504 BACK OFFICE PRINTS (4542)RICOH USA 27.34 FEB'25 RICOH 2504EX FRONT COUNTER PRINTS (4456)RICOH USA 77.93 DEC'24-FEB'25 RICOH C5300S PRINT ROOM PRINTS(2624)RICOH USA 171.64 MAR'25 RICOH RSI CLOUD SUBSCRIPTION (SW1860708)RICOH USA 24.31 JAN'25 COPY&BREAKROOM SUPPLIES NON DEPARTMENTALSTAPLES ADVANTAGE 241.46 FEB'25 COPY&BREAKROOM SUPPLIES NON DEPARTMENTALSTAPLES ADVANTAGE 164.79 MAR '25 LANDSCAPE MAINTENANCE VISTA PARKNIEVES LANDSCAPE INC 1,064.97 89 PLAYA - AVCA SUPP TAX BILL- 934-537-77-0100COUNTY OF ORANGE 1,814.30 89 PLAYA - AVCA SUPP TAX BILL - 934-537-77-0200COUNTY OF ORANGE 3,625.31 02/03/25-03/05/25 MTR#13016735 89 PLAYA CIR GASTHE GAS COMPANY 8.32 03/05/25-03/12/25 MTR#13016735 89 PLAYA CIR GASTHE GAS COMPANY 2.87 AE 2/24 HARBOR STATION HOA DUES-89 PLAYA -FEB'25US BANK PURCHASING CARD PROGRAM 191.01 APR-JUN'25 35 PLAYA CIR MASTER HOA FEESALISO VIEJO COMMUNITY ASSOCIATION 151.55 APR-JUN'25 38 COLONIAL WAY HOA FEESALISO VIEJO COMMUNITY ASSOCIATION 165.86 APR-JUN'25 89 PLAYA CIR MASTER HOA FEESALISO VIEJO COMMUNITY ASSOCIATION 151.55 MAR'25 BANNERS INSTALLATION - SPRINGVIGICABI INC 1,449.00 MAR'25 ACCT#2427 89 PLAYA CIR ELECTRICITY - FINALSO CAL EDISON 12.55 NON-DEPARTMENTAL TOTAL: 9,560.59
C. S. ADMINISTRATION
APR'25 HW - HEALTH PREMIUMCALPERS HEALTH 158.00
APR'25 DP - HEALTH PREMIUMCALPERS HEALTH 158.00
SPRING 2025 BROCHURE 32 PAGES SELF COVERADVANTAGE MAILING, LLC 12,689.15 FEB'25 SMP R&CS CONTRIBUTIONCABCO YELLOW INC 480.00
C. S. ADMINISTRATION TOTAL: 13,485.15

IGLESIA PARK
MAR'25 LANDSCAPE MAINTENANCE IGLESIA PARKNIEVES LANDSCAPE INC 7,085.61 2/11/25-3/11/25 MTR#4114 IGLESIA PARK PARK WATEREL TORO WATER DISTRICT 379.51 2/11/25-3/11/25 MTR#3499 IGLESIA PARK WATEREL TORO WATER DISTRICT 394.03 FEB'25 ACCT#7997 IGLESIA PARK ELECTRICITYSO CAL EDISON 194.86 IGLESIA PARK TOTAL: 8,054.01

IGLESIA BUILDING
MAR'25 IGLESIA ACCESS CONTROLSONITROL ORANGE COUNTY LLC 109.39 2/11/25-3/11/25 MTR#5016 IGLESIA PARK BLDG WATEREL TORO WATER DISTRICT 268.10 FEB'25 ACCT#7997 IGLESIA BLDG ELECTRICITYSO CAL EDISON 1,322.56 IGLESIA BUILDING TOTAL: 1,700.05

PLANNING
REF0011709154 - 1/2 PH 26800-26970 AV PKWY C.REV.CALIFORNIA NEWSPAPERS PARTNERSHIP 529.94 REF0011719783 - 2/20 15 ARGONAUT CONCEPT REVIEWCALIFORNIA NEWSPAPERS PARTNERSHIP 332.16 APR'25 MF - HEALTH PREMIUMCALPERS HEALTH 158.00
FEB'25 CONSULTING SERVICES FOR ICSCKOSMONT & ASSOCIATES 1,122.00 PLANNING TOTAL: 2,142.10
13 Description (Item)Vendor Name Amount

BUILDING
FEB'25 CAA CONTRACT SERVICES - BUILDINGCHARLES ABBOTT ASSOC INC 37,730.28 FEB'25 PLNG OFFICE SUPPLIESSTAPLES ADVANTAGE 45.45
BUILDING TOTAL: 37,775.73

CODE ENFORCEMENT
FEB'25 CAA CONTRACT SERVICES - CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 8,160.00 CODE ENFORCEMENT TOTAL: 8,160.00

ENGINEERING (GENERAL)
MAR'25 SOUTH OCC ENG MEETING REIMB - QLQUANG LE 28.00
1/17/25-2/16/25 PUBLIC WORKS TABLETSAT&T 120.72
ENGINEERING (GENERAL) TOTAL: 148.72

LAW ENFORCEMENT-OTHER
1/17/25-2/16/25 PALS PHONE LINEAT&T 45.47
FEB'25 POLICE SERVICES OFFICE SUPPLIESSTAPLES ADVANTAGE 70.67 LAW ENFORCEMENT-OTHER TOTAL: 116.14
GENERAL FUND TOTAL: 211,371.37
102 - GEN. FD-CITY HALL

NON-DEPARTMENTAL
MAR'25 CH ACCESS CONTROLSONITROL ORANGE COUNTY LLC 609.40 MAR'25 CH INTRUSION DETECTIONSONITROL ORANGE COUNTY LLC 383.54 APR'25 CH ASO ASSOCIATION DUESPACIFIC PARK II ASSOCIATION 611.00 JAN-MAR'25 ADJ CH ASO ASSOCIATION DUESPACIFIC PARK II ASSOCIATION 327.00 MAR'25 LANDSCAPE MAINTENANCE CHNIEVES LANDSCAPE INC 701.73 APR-JUN'25 CH MASTER HOA FEESALISO VIEJO COMMUNITY ASSOCIATION 1,887.94 NON-DEPARTMENTAL TOTAL: 4,520.61
GEN. FD-CITY HALL TOTAL: 4,520.61
103 - GF-AV RECREATION SERVICES
MAR'25 REC1 REFUND-RAQUEL SCARDINA-RWS042 ADMINRAQUEL SCARDINA 5.00 MAR'25 REC1 REFUND-RAQUEL SCARDINA-RWS042 CLASSRAQUEL SCARDINA 86.00

91.00 RECREATION SERVICES
1/22/25-2/21/25 AVR-ALARM/POTS LINEAT&T 1,257.27
WINTER2025-RWS056 MULTISPORT - 10 PARTICIPANTSSKYHAWKS SPORTS ACADEMY, LLC 924.00 3/12 AVR BOTTLED WATER SERVICEDS SERVICES OF AMERICA, INC 64.94 MAR'25 AVR ACCESS CONTROLSONITROL ORANGE COUNTY LLC 647.57 MAR'25 AVCENTER AND AQC ACCESS CONTROLSONITROL ORANGE COUNTY LLC 125.20 1/17/25-2/16/25 REC PHONE LINESAT&T 182.38
1/17/25-2/16/25 REC TABLETAT&T 40.24
WINTER2025-RWS171 RESIN WORKSHOP - 4 PARTICIPANTSLAURELINDA HAUKSSON 276.00 WINTER2025-RWS206/RWS209 PICKLEBALL-4 PARTICIPANTSL & O ALISO VIEJO, LLC 91.00 WINTER2025-RWS253 DALS & SOUPS -5 PARTICIPANTSSUJATA CHIPLUNKAR 135.00 MAR'25 AVR FIRST AID SUPPLIESCINTAS CORPORATION NO. 2 92.59 FEB'25 AVR AT&T INTERNET SERVICEAT&T 1,018.44
MAR'25 LANDSCAPE MAINTENANCE AVRNIEVES LANDSCAPE INC 2,341.86 MAR'25 LANDSCAPE MAINTENANCE-IRRIGATION REPAIR AVRNIEVES LANDSCAPE INC 356.25 PARTITION REPAIR AND SERVICE WORK - AVRC.E. PICKUP COMPANY INC 1,890.00 PARTITION SERVICE REPAIR WORK AND PARTS - AVRC.E. PICKUP COMPANY INC 490.00 FEB'25 RENEWABLE FARMSAARON FLORA 28,017.05
MAR'25 AVR GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 669.90 RECREATION SERVICES TOTAL: 38,619.69
GF-AV RECREATION SERVICES TOTAL: 38,710.69
203 - GAS TAX

TRAFFIC ENGINEERING
FEB'25 TRAFFIC SIGNAL MONITORINGHARTZOG & CRABILL INC 2,261.25 JAN'25 TRAFFIC CALMING GUIDELINESRK ENGINEERING GROUP INC 2,500.00 HUMMINGBIRD LANE TRAFFIC CALMING REVIEWRK ENGINEERING GROUP INC 4,500.00 TRAFFIC ENGINEERING TOTAL: 9,261.25
14 Description (Item)Vendor Name Amount

STREET MAINTENANCE
FEB'25 TRAFFIC SIGNAL MAINTENANCE RESPONSEBEAR ELECTRICAL SOLUTIONS INC 8,509.12 FEB'25 TRAFFIC SIGNAL MAINTENANCE ROUTINEBEAR ELECTRICAL SOLUTIONS INC 3,225.90 MAR'25 LANDSCAPE MAINTENANCE MEDIANSNIEVES LANDSCAPE INC 1,641.51 2/11/25-3/11/25 MTR#5675 CALLE CORTEZ MEDIAN WATEREL TORO WATER DISTRICT 116.01 FEB'25 ST LIGHTS & TRAFFIC CTRLRSSAN DIEGO GAS & ELECTRIC 2,915.32 FEB'25 ACCT#2125 GS1 MEDIANSSO CAL EDISON 62.48
STREET MAINTENANCE TOTAL: 16,470.34
GAS TAX TOTAL: 25,731.59
204 - MEASURE M

GEN-MEASURE M
FEB'25 M2 FUND TRANSPORTATION SVCCABCO YELLOW INC 1,920.00 GEN-MEASURE M TOTAL: 1,920.00
MEASURE M TOTAL: 1,920.00
215 - PUBLIC SAFETY GRANTS

LAW ENFORCEMENT-OTHER
FEB'25 AUTOMATED FINGERPRINT IDENTIFICATION SYSTEMCOUNTY OF ORANGE 1,518.00 LAW ENFORCEMENT-OTHER TOTAL: 1,518.00
PUBLIC SAFETY GRANTS TOTAL: 1,518.00
261 - CITY FAC.-AQUATIC CENTER

GEN-AQUATIC CENTER
FEB'25 ACCT#6701 AQC INTERNETCOX COMMUNICATIONS, INC 510.76 MAR'25 ACCT#6701 AQC INTERNETCOX COMMUNICATIONS, INC 510.76 2/26/25 AQC REPAIR HVAC PUMP/CHEM ROOM EXHUAST FANHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, … 1,576.18 MAR'25 LANDSCAPE MAINTENANCE AQCNIEVES LANDSCAPE INC 944.42 GEN-AQUATIC CENTER TOTAL: 3,542.12
CITY FAC.-AQUATIC CENTER TOTAL: 3,542.12
311 - STREET IMPROVEMENTS
ALISO CREEK ENTERPRISE TO 73 REHAB- PP#1 RETENTIONALL AMERICAN ASPHALT (37,629.55) -37,629.55

STREETS & HIGHWAYS
ALISO CREEK ENTERPRISE TO 73 REHAB - PP#1ALL AMERICAN ASPHALT 752,590.90 FEB'25 ALISO CREEK REHAB INSPECTIONCIVIL SOURCE, AN NV5 COMPANY 15,724.80 JAN'25 ALISO VIEJO PARKWAY REHAB DESIGNENGINEERING RESOURCES OF SOUTHERN CALIFORNIA 1,500.00 STREETS & HIGHWAYS TOTAL: 769,815.70
STREET IMPROVEMENTS TOTAL: 732,186.15
GRAND TOTAL: 1,019,500.53
Fund Summary
Payment AmountFund Expense Amount
101 - GENERAL FUND 211,371.37211,371.37
102 - GEN. FD-CITY HALL 4,520.614,520.61
103 - GF-AV RECREATION SERVICES 38,710.6938,710.69
203 - GAS TAX 25,731.5925,731.59
204 - MEASURE M 1,920.001,920.00
215 - PUBLIC SAFETY GRANTS 1,518.001,518.00
261 - CITY FAC.-AQUATIC CENTER 3,542.123,542.12
311 - STREET IMPROVEMENTS 732,186.15732,186.15
1,019,500.53Grand Total: 1,019,500.53
15 Accounts Payable Payable Dates: 03/14/2025 - 03/27/2025 3/27/2025 11:17:44 AM Page 5 of 6
Report Summary
Fund Summary
Payment AmountFund
101 - GENERAL FUND 211,371.37
102 - GEN. FD-CITY HALL 4,520.61
103 - GF-AV RECREATION SERVICES 38,710.69
203 - GAS TAX 25,731.59
204 - MEASURE M 1,920.00
215 - PUBLIC SAFETY GRANTS 1,518.00
261 - CITY FAC.-AQUATIC CENTER 3,542.12
311 - STREET IMPROVEMENTS 732,186.15
1,019,500.53Grand Total:

Account Summary
Payment AmountAccount Number Account Name
101-1203-000 ACCOUNTS RECEIVABLE 1,838.47
101-2505-000 DENTAL INSURANCE PA… 1,927.28
101-2506-000 MEDICAL INSURANCE P… 28,634.75
101-2507-000 LIFE INSURANCE PAYABLE 1,573.54
101-2508-000 VISION INSURANCE PAY… 298.39
101-2601-000 REFUNDABLE DEPOSIT 3,000.00
101-2602-000 PLANNING DEPOSIT 3,193.23
101-4-1101-4511-000 COMMUNICATION 192.38
101-4-1501-4206-000 MEDICAL INSURANCE 158.00
101-4-1501-4511-000 COMMUNICATION 421.10
101-4-1503-4309-000 OTHER CONTRACTUAL S… 67.00
101-4-1601-4303-000 LEGAL NOTICES 847.34
101-4-1601-4525-000 ELECTION 30,622.65
101-4-1601-4601-000 SUPPLIES 58.16
101-4-2101-4304-000 LEGAL SERVICES 24,150.00
101-4-2101-4532-000 SPECIAL PROJECTS 2,517.60
101-4-2101-4735-000 LITIGATION 5,311.60
101-4-2501-4309-000 OTHER CONTRACTUAL S… 113.64
101-4-3101-4301-000 PROFESSIONAL SERVICES 2,116.67
101-4-3101-4305-000 TECHNOLOGY SERVICES 11,803.99
101-4-3101-4481-000 COMPUTER EXPENSE 11,383.09
101-4-3501-4421-000 EQUIPMENT RENTAL 171.64
101-4-3501-4431-000 BUILDING & GROUND M… 7,188.29
101-4-3501-4513-000 PRINTING 345.41
101-4-3501-4553-000 COMMUNITY BRANDING 1,449.00
101-4-3501-4601-000 SUPPLIES 406.25
101-4-4101-4206-000 MEDICAL INSURANCE 316.00
101-4-4101-4501-000 ADVERTISING & PROMO… 12,689.15
101-4-4101-4524-000 RECREATION-SENIOR TR… 480.00
101-4-4102-4411-000 UTILITIES 968.40
101-4-4102-4431-000 BUILDING & GROUND M… 7,085.61
101-4-4103-4411-000 UTILITIES 1,590.66
101-4-4103-4431-000 BUILDING & GROUND M… 109.39
101-4-4401-4206-000 MEDICAL INSURANCE 158.00
101-4-4401-4309-000 OTHER CONTRACTUAL S… 1,122.00
101-4-4401-4513-000 PRINTING 862.10
101-4-4402-4601-000 SUPPLIES 45.45
101-4-4402-4751-000 C.S-BUILDING 37,730.28
101-4-4403-4761-000 C.S-CODE ENFORCEMENT 8,160.00
101-4-4501-4520-000 MTGS/CONF/TRNG & D… 28.00
101-4-4501-4612-000 OPERATING SUPPLIES 120.72
101-4-5102-4511-000 COMMUNICATION 45.47
101-4-5102-4612-000 OPERATING SUPPLIES 70.67
102-4-3501-4431-000 BUILDING & GROUND M… 4,520.61
103-34150 OTHER INCOME 5.00
16 Accounts Payable Payable Dates: 03/14/2025 - 03/27/2025 3/27/2025 11:17:44 AM Page 6 of 6
Account Summary
Payment AmountAccount Number Account Name
103-34161 CONTRACT CLASSES 86.00
103-4-4105-4305-000 TECHNOLOGY SERVICES 3,718.38
103-4-4105-4309-000 OTHER CONTRACTUAL S… 1,426.00
103-4-4105-4431-000 BUILDING & GROUND M… 5,078.11
103-4-4105-4451-000 FARM OPERATING EXPE… 28,017.05
103-4-4105-4511-000 COMMUNICATION 222.62
103-4-4105-4601-000 SUPPLIES 157.53
203-4-4502-4301-000 PROFESSIONAL SERVICES 9,261.25
203-4-4503-4411-000 UTILITIES 3,093.81
203-4-4503-4771-000 C.S-STREET MAINTENAN… 13,376.53
204-4-6104-4309-000 OTHER CONTRACTUAL S… 1,920.00
215-4-5102-4803-000 PUBLIC SAFETY EQUIPM… 1,518.00
261-4-6161-7411-000 UTILITIES 1,021.52
261-4-6161-7421-000 BUILDING & GROUND M… 2,520.60
311-2103-000 RETENTIONS PAYABLE -37,629.55
311-4-8301-5501-000 DESIGN 1,500.00
311-4-8301-5601-000 CONSTRUCTION MANA… 15,724.80
311-4-8301-5701-000 CONSTRUCTION 752,590.90
Grand Total: 1,019,500.53
Project Account Summary
Payment AmountProject Account Key
**None** 245,065.60
1002WINTER 1,426.00
1345601 15,724.80
1345701 752,590.90
1385501 1,500.00
SDP-2024-00001 1,227.50
SDP-2024-00002 1,582.93
USE-2024-00012 382.80
Grand Total: 1,019,500.53
17 City of Aliso Viejo

AGENDA ITEM
DATE: April 16, 2025
TO: Mayor and City Council
FROM: So Kim, Community Development Director
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH TYLER
TECHNOLOGIES, INC. FOR THE CITY’S PERMITTING SOFTWARE
Recommended Action:

Approve and authorize the City Manager to execute a five-year Professional Services Agreement with Tyler Technologies, Inc. for the City’s permitting software in an amount not to exceed $605,316.

Fiscal Impact:

First year cost is $117,020 for the recurring annual fee and configuration. This cost was included as part of the draft Fiscal Year 2025-26 budget presented to the City Council on April 2, 2025.

Background:

In September 2020, the City entered into a five-year professional services agreement with Tyler Technologies, Inc. (“Tyler”) to provide the City with an upgraded permitting software.

The City went live with the upgraded permitting software in April 2022. Since that time, Staff added additional modules and reconfigured the software to improve efficiency and to provide 100% online permitting. On January 15, 2025, City Council approved an amendment to cover the increased recurring annual fee of $73,352.

Discussion:

The recurring annual fee has increased by approximately 5% to $77,020 since the last fiscal year and is projected to continue increasing at the same rate, totaling $405,316 over the next five years. In addition to this recurring fee for maintaining the permitting system, Staff requests an additional $40,000 annually to continue making enhancements and upgrading the system. This would add an additional $200,000, bringing the total to $605,316 over the next five years.
18

When the original system was implemented, it was an out-of-the-box solution with no customizations. This led to staff spending more time working around a fixed workflow that did not meet our needs. Staff began configuring the permitting system and making procedural changes to reduce extra steps and improve efficiency, which was the system's intended purpose. While significant progress has been made, such as 100% online permitting, further enhancements are needed to better serve the public. These enhancements include, but are not limited to, creating combination permits and virtual inspections.

Combination Permits
Currently, when a property owner pulls a permit to build a home, at least four separate permits are required: building, mechanical, electrical, and plumbing. Each permit type has its own case number, requiring both the property owner and Staff to input information for each permit type. A combination permit would allow the property owner and Staff to create and monitor a single permit type for the same project. This not only decreases the number of steps for both the public and Staff but also reduces the time and resources needed, thereby increasing efficiency. Combination permits are a standard practice across jurisdictions.

Virtual Inspections
Inspections are required for all projects that require building permits. When the property owner is ready, they request an inspection through the public portal. The property owner is then given an AM (8 AM to noon) or PM (noon to 3:30 PM) inspection time for the following day. This requires the property owner or contractor to be available at the project site during the entire AM or PM timeframe. Virtual inspections would allow property owners to schedule a specific time for simple projects, such as water heaters or electrical panel upgrades. This would reduce the time and money spent by property owners, who would no longer need to standby for inspectors. Additionally, inspectors would reduce travel time and be available to conduct more inspections or answer general questions.

Beyond the enhancements mentioned above, further configurations are needed, such as creating automated reports for mandatory state reporting, updating permit types, and updating inspection record types. The proposed fee $40,000 technical assistance package for system enhancements is essential for improving efficiency and better serving the public. By implementing combination permits and virtual inspections, the City can streamline processes, reduce costs, and enhance the overall user experience.

Attachment:

1. Agreement
19 1
60367.01100\43316206.1

SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.

WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; WHEREAS, Tyler and Client are parties to an agreement dated October 19, 2020 (“Prior Agreement”), which is hereby terminated upon the Effective Date of this Agreement as defined below; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:

SECTION A – DEFINITIONS
• “Agreement” means this Software as a Services Agreement. • “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
• “Client” means the City of Aliso Viejo, California.
• “Data” means your data necessary to utilize the Tyler Software. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
• “Defined Users” means the number of named users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. “Developer” means a third party who owns the intellectual property rights to Third Party Software.
• “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
• “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
• “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current 20 2
60367.01100\43316206.1

Invoicing and Payment Policy is attached as Exhibit B.
• “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
• “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
• “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
• “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party Services” means the third party services, if any, identified in the Investment Summary.
• “Third Party Software” means the third party software, if any, identified in the Investment Summary.
• “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable and attached as Exhibit D. • “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
• “we”, “us”, “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.

SECTION B – SAAS SERVICES

1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(4). We will make any such software available to you for download.

2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate 21 3
60367.01100\43316206.1

with the overage(s).

3. Ownership. We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.

4. The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.

5. You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.

6. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.

7. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

8. SaaS Services.

8.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 18. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information.

8.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.

8.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event any of your Data has been lost or damaged due to an act or omission of Tyler or its subcontractors or due to a defect in Tyler’s software, we will use best commercial efforts to restore all the Data on servers in accordance with the architectural design’s capabilities and with the goal of minimizing any Data loss as greatly as possible. In no 22 4
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case shall the recovery point objective (“RPO”) exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection, RPO represents the maximum tolerable period during which your Data may be lost, measured in relation to a disaster we declare, said declaration will not be unreasonably withheld.

8.4 In the event we declare a disaster, our Recovery Time Objective (“RTO”) is twenty-four (24) hours. For purposes of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the Tyler Software must be restored.

8.5 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software.

Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.

8.6 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.

Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request.

8.7 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data.

8.8 We provide secure Data transmission paths between each of your workstations and our servers.

8.9 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel.

Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.

8.10 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about- us/compliance, and in the event of any change in our status, will comply with applicable notice requirements.

SECTION C –PROFESSIONAL SERVICES
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1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary.

2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.

3. Additional Services. The Investment Summary contains the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.

4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments.

5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.

6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.

7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.

8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).
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9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:

9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then-current version and the immediately prior version);

9.2 provide telephone support during our established support hours;

9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;

9.4 make available to you all major and minor releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and

9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with our then-current release life cycle policy.

We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes.

For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our then- current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.

SECTION D – THIRD PARTY PRODUCTS

1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.

2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party 25 7
60367.01100\43316206.1

Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.

3. Third Party Products Warranties.

3.1 We are authorized by each Developer to grant access to the Third Party Software.

3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.

3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.

4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.

SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES

1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).

2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.

You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.

SECTION F – TERM AND TERMINATION

1. Term. The initial term of this Agreement is one (1) year from November 1, 2025, unless earlier terminated as set forth below. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.

2. Termination. This Agreement may be terminated as set forth below. In the event of termination, 26 8
60367.01100\43316206.1

you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).

2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.

2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).

2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.

2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.

SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE

1. Intellectual Property Infringement Indemnification.

1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.

1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.

1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software 27 9
60367.01100\43316206.1

is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.

2. General Indemnification.

2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.

We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.

3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER

WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT

NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,

OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY

OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO

YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES

ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN

RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER

APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).

5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR

CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO 28 10
60367.01100\43316206.1

SECTIONS G(1) AND G(2).

6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.

SECTION H – GENERAL TERMS AND CONDITIONS

1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.

2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date.

3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties may mutually agree to participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction.

Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.

4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.

5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that 29 11
60367.01100\43316206.1

is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.

6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.

Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.

7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.

8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.

9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.

10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.

11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.

12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.

13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.

14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.

15. Notices. All notices or communications required or permitted as a part of this Agreement, such as 30 12
60367.01100\43316206.1

notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.

16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.

17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.

Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:

(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.

18. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.

19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.

20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.

Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
31 13
60367.01100\43316206.1

21. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.

22. Contract Documents. This Agreement includes the following exhibits:

Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms

IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.

Tyler Technologies, Inc. City of Aliso Viejo, California

By: By:

Name: Name:

Title: Title:

Date: Date:

Address for Notices: Address for Notices:

Tyler Technologies, Inc. City of Aliso Viejo
One Tyler Drive 12 Journey, Suite 100
Yarmouth, ME 04096 Aliso Viejo, CA 92656
Attention: Chief Legal Officer Attention:
32 1
14 60367.01100\43316206.1

Exhibit A

Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
33 THIS IS NOT AN INVOICE

PROFORMA
Remittance
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Questions
Company Order No. Date Page
025 206781 02/07/2025 1 of 2
Tyler Technologies - Local Government
Phone: 1-800-772-2260 Press 2, then 2
Fax: 1-866-673-3274
Email: [email protected]
1 60367.01100\43316206.1

*025$206781%2 -*

To: CITY OF ALISO VIEJO
12 JOURNEY DRIVE
SUITE 100
ALISO VIEJO, CA 92656-5535
United States
Ship To: CITY OF ALISO VIEJO
12 JOURNEY DRIVE
SUITE 100
ALISO VIEJO, CA 92656-5535
United States

Contract No. Item/ Description/ Comments

Quantity U/M Unit Price

Total Cost
Date
Contract No.: Aliso Viejo, CA, City of
1 19/Oct/2020
Renewal:

EnerGov Community Development SDK
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months 1 EA 0.00 0.00

2 19/Oct/2020
Renewal:

EnerGov Citizen Self Service - Community Development
1 EA 9,600.81 9,600.81
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

3 Renewal:

10 EA

2,504.30

25,043.03
19/Oct/2020 EnerGov Community Development Suite
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

4 Renewal:

1 EA

0.00 0.00
19/Oct/2020 Tyler GIS - Subscription Fee
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

5 Renewal:

1 EA

3,531.78

3,531.78
19/Oct/2020 EnerGov Content Manager API
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months :

6 Renewal:

1 EA

16,552.54

16,552.54
19/Oct/2020 EnerGov e-Reviews - Subscription Fee
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

7 Renewal:

1 EA

0.00 0.00
19/Oct/2020 EnerGov Central Cashiering SDK
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

8 Renewal:

1 EA

0.00 0.00
19/Oct/2020 EnerGov Standard Technical Support
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months :

Customer Grp/No.

Customer PO#
Payment Terms
Currency Code
Ship Via
Salesperson Cd
1 42051 Net 30 USD MISC
34 THIS IS NOT AN INVOICE

PROFORMA
Remittance
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Questions
Company Order No. Date Page
025 206781 02/07/2025 2 of 2
Tyler Technologies - Local Government
Phone: 1-800-772-2260 Press 2, then 2
Fax: 1-866-673-3274
Email: [email protected]
2 60367.01100\43316206.1

Contract
No. Item/ Description/ Comments

Quantity U/M Unit Price

Total Cost
Date

9 19/Oct/2020
Renewal:

EnerGov Report Toolkit
1 EA 0.00 0.00
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

10 19/Oct/2020

Renewal:

EnerGov O-Data - Recurring Service

1 EA

0.00 0.00
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

11 19/Oct/2020

Renewal:

EnerGov My GovPay - Subscription Fee

1 EA

0.00 0.00
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

12 19/Oct/2020

Renewal:

EnerGov Intelligent Objects

1 EA

0.00 0.00
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

13 Renewal:

1 EA

0.00 0.00
19/Oct/2020 EnerGov Intelligent Automation Agent - Recurring Service Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

14 19/Oct/2020

Renewal:

EnerGov Unlimited iG Workforce App Access

1 EA

0.00 0.00
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

15 19/Oct/2020

Renewal:

EnerGov VirtualPay - Subscription Fee

1 EA

0.00 0.00
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

16 03/Feb/2022

Renewal:

EnerGov Community Development Suite

5 EA

2,631.30

13,156.50
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

17 08/Nov/2023

Renewal:

Decision Engine

1 EA

9,135.00

9,135.00
Cycle Start: 11/01/2025, End: 10/31/2026; Term: 12 months

Comments: Upon acceptance please email your purchase order to [email protected]

77,019.66
35 2025-530586-Q3C2P4 CONFIDENTIAL Page 1 Quoted By: Andrew Meyer
Quote Expiration: 12/31/25
Quote Name: Assist Basic
Sales Quotation For:

City of Aliso Viejo
12 Journey Ste 100
Suite 100
Aliso Viejo CA 92656-5335
Phone: +1 (949) 425-2500
Tyler Annual Services
Descripton Users/Units Annual Fee
Recurring Services
Assist Basic 1 $ 40,000
TOTAL: $ 40,000
36 2025-530586-Q3C2P4 CONFIDENTIAL Page 2 Summary One Time Fees Recurring Fees
Total Services $ 0 $ 40,000
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 0 $ 40,000
Contract Total $ 40,000
Comments
SaaS Monthly Fees are rounded to the nearest dollar. The Annual Fee value represents the cost to the customer.

EnerGov Assist Basic combines Tyler’s Client Service Account Management (CSAM) and 120 consulting hours

Client Services Account Management
• Bi-weekly check-ins
• New Release Planning
• Continuous Improvement Planning
• Organization Readiness
• Support Analytics

Investment Assessment/Best Practice Review (To be completed once every 3 years you are active on the Assist Basic Program) • Best Practice/Stability Analysis
• Maturity Model Discussion
• Consumption Gap Discussion
• EnerGov Product Roadmap Discussion

Software Configuration Requests
• Unlimited configuration request
Example of configuration services provided:
37 2025-530586-Q3C2P4 CONFIDENTIAL Page 3 • User Setup
• Custom Fields
• Workflows
• Fee Updates
• Districts
• Automations (IOs & IAAs)
• Fee Schedule Updates
• GeoRules
• Code Updates
• Report Modifications
• Demonstration of new functionality
38 Exhibit B
1 1
60367.01100\43316206.1

Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.

1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates.

2. Other Tyler Software and Services.

2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN.

2.2 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.

2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.

2.4 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.

2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement. 39 Exhibit B
2 2
60367.01100\43316206.1

2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document.

3. Third Party Products.

3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.

3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you for downloading.

3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.

3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.

4. Expenses. The service rates in the Investment Summary do not include travel expenses.

Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.

Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is:

Bank: Wells Fargo Bank, N.A.
420 Montgomery
San Francisco, CA 94104
ABA: 121000248
Account: 4124302472
Beneficiary: Tyler Technologies, Inc. – Operating
40 Exhibit B
Schedule 1
1 1
60367.01100\43316206.1

Exhibit B
Schedule 1
Business Travel Policy

1. Air Travel

A. Reservations & Tickets

The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.

Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.

Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.

B. Baggage Fees

Reimbursement of personal baggage charges are based on trip duration as follows:

• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable. 41 Exhibit B
Schedule 1
2 2
60367.01100\43316206.1

2. Ground Transportation

A. Private Automobile

Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.

Employees who have been designated a home office should calculate miles from their home.

B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.

C. Public Transportation

Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.

D. Parking & Tolls

When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.

3. Lodging

Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates.

“No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.

Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
42 Exhibit B
Schedule 1
3 3
60367.01100\43316206.1

Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.

4. Meals and Incidental Expenses

Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.

Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem.

Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.

A. Overnight Travel

For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.

Departure Day

Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon

Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner

*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.

The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:

Breakfast 15%
Lunch 25%
Dinner 60%

B. Same Day Travel

Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*

*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. 43 Exhibit B
Schedule 1
4 4
60367.01100\43316206.1

5. Internet Access – Hotels and Airports

Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.

6. International Travel

All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.

When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.

The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.

Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. 44 Exhibit C
1 1
60367.01100\43316206.1

Exhibit C

SERVICE LEVEL AGREEMENT

I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process.

II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.

Attainment: The percentage of time the Tyler Software is available during a calendar quarter, with percentages rounded to the nearest whole number.

Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third -party providers over whom we exercise no control.

Downtime: Those minutes during which the Tyler Software is not available for your use. Downtime does not include those instances in which only a Defect is present.

Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure.

III. Service Availability
The Service Availability of the Tyler Software is intended to be 24/7/365. We set Service Availability goals and measures whether we have met those goals by tracking Attainment. a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support incident number.

You must document, in writing, all Downtime that you have experienced during a calendar quarter. You must deliver such documentation to us within 30 days of a quarter’s end.

The documentation you provide must evidence the Downtime clearly and convincingly. It must include, for example, the support incident number(s) and the date, time and duration of the Downtime(s). b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of a Client Error 45 Exhibit C
2 2
60367.01100\43316206.1

Incident or Force Majeure). We will also work with you to resume normal operations.

Upon timely receipt of your Downtime report, we will compare that report to our own outage logs and support tickets to confirm that Downtime for which we were responsible indeed occurred.

We will respond to your Downtime report within 30 day(s) of receipt. To the extent we have confirmed Downtime for which we are responsible, we will provide you with the relief set forth below. c. Client Relief
When a Service Availability goal is not met due to confirmed Downtime, we will provide you with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule below.

Notwithstanding the above, the total amount of all relief that would be due under this SLA per quarter will not exceed 5% of one quarter of the then-current SaaS Fee. The total credits confirmed by us in one or more quarters of a billing cycle will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.

Every quarter, we will compare confirmed Downtime to Service Availability. In the event actual Attainment does not meet the targeted Attainment, the following Client relief will apply, on a quarterly basis:

Targeted Attainment Actual Attainment Client Relief
100% 98-99% Remedial action will be taken.
100% 95-97% 4% credit of fee for affected calendar quarter will be posted to next billing cycle
100% <95% 5% credit of fee for affected calendar quarter will be posted to next billing cycle

You may request a report from us that documents the preceding quarter’s Service Availability, Downtime, any remedial actions that have been/will be taken, and any credits that may be issued.

IV. Applicability
The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force Majeure.

We perform maintenance during limited windows that are historically known to be reliably low -traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.

V. Force Majeure

You will not hold us responsible for not meeting service levels outlined in this SLA to the extent any failure to do so is caused by Force Majeure. In the event of Force Majeure, we will file with you a signed request that said failure be excused. That writing will at least include the essential details and circumstances supporting our request for relief pursuant to this Section. You will not unreasonably withhold its acceptance of such a request.
46 Exhibit C
Schedule 1
1 1
60367.01100\43316206.1

Exhibit C
Schedule 1
Support Call Process

Support Channels
Tyler Technologies, Inc. provides the following channels of software support:
(1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation.
(2) On-line submission (portal) – for less urgent and functionality-based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website.
(3) Email – for less urgent situations, users may submit unlimited emails directly to the software support group.
(4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone software support.

Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools and other information including support contact information.
(2) Tyler Community – available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase – A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates – where development activity is made available for client consumption Support Availability

Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.

New Year’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day
47 Exhibit C
Schedule 1
2 2
60367.01100\43316206.1

Issue Handling

Incident Tracking

Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler’s website or by calling software support directly.

Incident Priority

Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the importance of the issue and to describe generally expected responses and resolutions.

Priority
Level Characteristics of Support Incident Resolution Targets

1 Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of multiple
essential system functions.

Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the support incident. Tyler shall use commercially
reasonable efforts to resolve such support incidents or provide a circumvention procedure within one (1)
business day. For non-hosted customers, Tyler’s
responsibility for lost or corrupted Data is limited to assisting the client in restoring its last available database.

2 High
Support incident that causes (a)
repeated, consistent failure of essential
functionality affecting more than one
user or (b) loss or corruption of Data.

Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the support incident. Tyler shall use commercially
reasonable efforts to resolve such support incidents or provide a circumvention procedure within ten (10)
business days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted Data is limited to assisting the client in restoring its last available database.

3 Medium
Priority Level 1 incident with an existing
circumvention procedure, or a Priority
Level 2 incident that affects only one
user or for which there is an existing
circumvention procedure.

Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the support incident. Tyler shall use commercially
reasonable efforts to resolve such support incidents
without the need for a circumvention procedure with the next published maintenance update or service pack. For
non-hosted customers, Tyler’s responsibility for lost or corrupted Data is limited to assisting the client in
restoring its last available database.
48 Exhibit C
Schedule 1
3 3
60367.01100\43316206.1

Priority
Level Characteristics of Support Incident Resolution Targets

4 Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.

Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days. Tyler shall use commercially reasonable efforts to resolve such support incidents, as well as cosmetic issues, with a future
version release.

Incident Escalation

Tyler Technology’s software support consists of four levels of personnel:
(1) Level 1: front-line representatives
(2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues
(3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group
If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client’s needs.

On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods:
(1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to escalate an issue through management channels as described above. (2) Email – clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number.

Remote Support Tool

Some support calls require further analysis of the client’s database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request.
49 Exhibit D
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60367.01100\43316206.1

Exhibit D
Third Party Terms

Intentionally left blank.
50 City of Aliso Viejo

AGENDA ITEM
DATE: April 16, 2025
TO: Mayor and City Council
FROM: So Kim, Community Development Director
SUBJECT: REVOCATION OF A CONDITIONAL USE PERMIT FOR AN OUTPATIENT MEDICAL USE AT 27141 ALISO CREEK ROAD (USE-2024-00009)
Recommended Action:

Adopt a Resolution revoking a Conditional Use Permit for an outpatient medical use at 27141 Aliso Creek Road (USE-2024-00009).

Fiscal Impact:

None
Background:

The Orange County Health Care Agency (“OCHCA”) has been operating an outpatient mental health clinic at 5 Mareblu in the City. OCHCA provides mental and behavioral services and programs that include group counseling, onsite substance abuse testing, individual and group therapy, peer services, crisis services and other supportive services.

On October 15, 2024, SAA, an interior design and architectural firm representing OCHCA, submitted a CUP application to the City, seeking approval to relocate its outpatient medical health clinic to 27141 Aliso Creek Road. That property has a General Plan land use designation of “Business Park” and is zoned “Business Park 2.” Large outpatient medical uses are permitted in that General Plan and Zoning District with the approval of a conditional use permit (AVMC §15.18.020).

On December 4, 2024, the City Council adopted Resolution 2024-32, approving a Conditional Use Permit (“CUP”) for OCHCA to operate an outpatient medical use with the following additions to the conditions of approval: a security plan shall be reviewed and approved by both the Community Development Director and the City Council; assign a monitoring sheriff for the facility with all associated fees paid by the facility; provide a designated indoor waiting area, prohibit outdoor queuing, and post outdoor signage; and the Community Development Director provide the City Council with a comprehensive report of OCHCA’s compliance with all conditions of approval on a quarterly basis. 51

On December 23, 2024, SAA emailed a letter on behalf of the Orange County Chief Real Estate Officer (“OCCEO”), rescinding the building permit application and the CUP application. On February 19, 2025, OCCEO emailed a letter to the City Manager to inform the City that the County will “move forward with self-permitting the tenant improvements and the operation [of its mental health clinic] at the Premises under its sovereign immunity” without the City’s CUP or building permits. Per OCCEO’s request, Staff administratively closed the building permit application and issued a partial refund of application fees.

Discussion:

Pursuant to Aliso Viejo Municipal Code (“AVMC”) Section 15.74.120, Revocation of Discretionary Permits, discretionary permits may be revoked by the original decision- making authority on any of the following grounds:

1. The permit approval was based on inaccurate or misleading information.

2. One or more of the conditions upon which such approval was granted or extended have been violated.

3. The findings which were the basis for the original permit approval can no longer be made.

4. The land use or development allowed by the permit has created a public nuisance.

5. Other grounds as set out elsewhere in this code.

The Applicants, SAA and OCCEO, have both submitted letters to the City rescinding the County’s request for a building permit and a CUP. OCCEO’s letter provides that they will not abide by the CUP because they view certain conditions as too costly and burdensome.

Following the letters, OCHCA has continued to conduct interior remodeling of the tenant space, thereby violating the CUP’s conditions that require compliance with all conditions of approval, municipal and building codes.

Additionally, the findings which were the basis for the original permit approval can no longer be made. A conditional use permit is required for the operation of a large outpatient medical use in the General Plan Business Park area and the Business Park 2 zone.

Because OCHCA has withdrawn its request for a CUP, the City can no longer find that the use is consistent with the City’s General Plan and Zoning Code. Moreover, the CUP was originally approved with findings that were made based on conditions that ensured compliance with applicable City regulations and standards. However, because OCHCA has undertaken tenant improvements and submitted letters with its intent to commence operations without necessary City approvals, the findings that formed the basis for the original permit approval can no longer be made.

As the City Council is the original decision-making authority, Staff recommends that the City Council revoke the CUP without further recourse, based on the grounds of 15.74.120, subsections 2 and 3, above.
52

Public Notice:

On April 3, 2025, a public notice was published in the Laguna Niguel News, and mailed to all property owners within 300 feet of the subject site and all tenants in the business park.

Attachments:

1. Proposed Resolution

2. Resolution 2024-32 approving the CUP
53

RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, REVOKING A CONDITIONAL USE PERMIT FOR AN OUTPATIENT MEDICAL USE AT 27141 ALISO CREEK ROAD (USE- 2024-00009).

WHEREAS, on October 15, 2024, SAA, an interior design and architectural firm, submitted a conditional use permit application (“CUP”) on behalf of the County of Orange Health Care Agency (“OCHCA”) to operate an outpatient medical facility at 27141 Aliso Creek Road (the “Property”); and
WHEREAS, the Property has a General Plan land use designation of “Business Park” and is zoned “Business Park 2.” Large outpatient medical uses are permitted in that General Plan area and Zoning District with the approval of a conditional use permit (“CUP”). (AVMC §15.18.020); and
WHEREAS, on November 6, 2024, the City Council held a duly noticed public hearing and considered public testimony. During the meeting, a tenant from the subject shopping center mentioned that she did not receive notice of the hearing. Consequently, the City Council continued the public hearing and directed Staff to provide notice to all tenants of the subject business park; and
WHEREAS, on November 21, 2024, a notice of the public hearing was published in the Laguna Niguel News, mailed to all property owners within 300 feet of the subject site, and hand delivered to all tenants of the subject business park; and WHEREAS, on December 4, 2024, the City Council adopted Resolution No. 2024-32, approving a CUP for OCHCA to operate an outpatient medical use with the following additions to the conditions of approval: a security plan shall be reviewed and approved by both the Community Development Director and the City Council; assign a monitoring sheriff for the facility with all associated fees paid by the facility; provide a designated indoor waiting area, prohibit outdoor queuing, and post outdoor signage; and the Community Development Director provide the City Council with a comprehensive report of OCHCA’s compliance with all conditions of approval on a quarterly basis to the City Council; and
WHEREAS, on December 23, 2024, SAA submitted a letter per the request of the Orange County Chief Real Estate Officer (“OCCEO”), rescinding OCHCA’s requests for a building permit and a CUP; and
WHEREAS, on February 19, 2025, OCCEO submitted a letter to inform the City that the County will “move forward with self-permitting the tenant improvements and the operation [of its mental health clinic] at the Premises under its sovereign immunity” without the City’s CUP or building permits. Per OCCEO’s request, the building permit application was withdrawn; and
54

WHEREAS, April 3, 2025, a public notice was published in the Laguna Niguel News , mailed to all property owners within 300 feet of the subject site and all tenants in the business park; and
WHEREAS, on April 16, 2025, the City Council held a duly noticed public hearing as prescribed by law and considered public testimony and evidence and recommendations presented by staff in the agenda report and oral presentation.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:

Section 1: Determination of Recitals. The City Council hereby finds and determines that all of the recitals set forth above are true and correct. The above recitals are hereby incorporated as substantive findings of this Resolution.

Section 2: Revocation of the Conditional Use Permit. In accordance with AVMC 15.74.120 (Revocation of Discretionary Permits), the City Council hereby revokes Conditional Use Permit (USE-2024-00009) that allows OCHCA to operate an outpatient medical use at 27141 Aliso Creek Road based on the following grounds:

1. One or more of the conditions upon which such approval was granted or extended have been violated. SAA and OCCEO submitted letters rescinding OCHCA’s requests for the CUP and associated building permit. Following the withdrawal of the requests, OCHCA continued to conduct interior remodeling of the tenant space, thereby violating the CUP’s conditions that require compliance with all conditions of approval, municipal and building codes.

2. The findings which were the basis for the original permit approval can no longer be made. A conditional use permit is required for the operation of a large outpatient medical use in the General Plan Business Park area and the Business Park 2 zone. Because OCHCA has withdrawn its request for a CUP, the City can no longer find that the use is consistent with the City’s General Plan and Zoning Code. Moreover, the CUP was originally approved with findings that were made based on conditions that ensured compliance with applicable City regulations and standards. OCHCA has undertaken tenant improvements and submitted letters with its intent to commence operations without the necessary approvals from the City.

Section 3: California Environmental Quality Act (“CEQA”) Determination.

CEQA Section 15321 Enforcement Actions by Regulatory Agencies, Class 21, categorically exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency.
55

Section 4: Location of Documents. The administrative record for the Project is maintained at City Hall located at 12 Journey, Suite 100, Aliso Viejo, CA 92656. The custodian of records is the City Clerk.

PASSED, APPROVED AND ADOPTED this 16th day of April 2025. __________________________
Tiffany Ackley
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Janet Martinez, City Clerk 56

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, JANET MARTINEZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2025-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 16th day of April 2025, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

JANET MARTINEZ,

CITY CLERK
(SEAL)
57 RESOLUTION NO. 2024-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE AN OUTPATIENT MEDICAL USE AT 27141 ALISO CREEK
ROAD (USE-2024-00009).

WHEREAS, on October 15, 2024, SAA, an interior design and architectural firm, submitted a conditional use permit application ("CUP") on behalf of the County of Orange to operate an outpatient medical facility at 27141 Aliso Creek Road; WHEREAS, on October 24, 2024, a public notice was published in the Laguna Niguel News and mailed to all property owners within 300 feet of the subject site; WHEREAS, on November 6, 2024, the City Council held a duly noticed public hearing and considered public testimony. During the meeting, a tenant from the subject shopping center mentioned she did not receive notice of the hearing. Consequently, the City Council continued the public hearing and directed Staff to provide notice to all tenants of the subject business park; and
WHEREAS, on December 4, 2024, the City Council held a duly noticed public hearing as prescribed by law and considered public testimony and evidence and recommendations presented by staff in the agenda report and oral presentation.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:

Section 1: Determination of Recitals. The City Council hereby finds and determines that all of the recitals set forth above are true and correct. The above recitals are hereby incorporated as substantive findings of this Resolution.

Section 2: Approval of Project and Findings for Conditional Use Permit. In accordance with AVMC 15.74.040(C), the City Council hereby makes the following findings of fact and approves a Conditional Use Permit (USE-2024-00009) to operate an outpatient medical use, subject to the conditions set forth in Exhibit "A" and project plans set forth in Exhibit "B", which are exhibits are both attached hereto and incorporated herein by reference.

1. Consistency with General Plan. The land use is consistent with the general plan and any applicable specific plan. The General Plan land use designation for the subject site is Business Park. Large outpatient medical use is permitted with an approval of a conditional use permit.

2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and are consistent with this code and any applicable specific plan. The zoning

designation for the subject site is Business Park 2. Large outpatient medical use is permitted with an approval of a conditional use permit. The proposed use only involves interior remodeling with no physical changes to the subject building.

3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

Section 21084 of the Public Resources Code requires that the CEQA guidelines -include a list of classes of project which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. CEQA Section 15301 Existing Facilities, Class 1, categorically exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, involving negligible or no expansion of existing or former use. The proposed request is to operate an outpatient medical use within an existing building involving minor interior operations with no expansion of the former use.

4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The subject site is part of a large business park with multiple buildings housing various tenants, including pharmacies, a preschool, instructional centers, offices, a church, light manufacturing, a dentist's office, and a beauty salon. The proposed use will be located on the first floor of the building at the east end of the site. While some businesses focused on children are concentrated in the opposite building at the west end of the site, this building is screened by two other buildings in between.

The site's layout and circulation do not encourage visitors to drive from one end to the other. Additionally, the proposed outpatient medical use (1 space per 200 square feet) requires fewer parking spaces than that of the former health/fitness club (1 space per 150 square feet); proposes reduced operation hours (Monday through Thursday 8am to 6pm, Friday 8am to 5pm, and closed on the weekends) compared to the former 24-hour fitness club; and the associated interior remodel requires compliance with applicable building codes and inspections for consistency.

Section 3: Filing of Notice of Exemption. The City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption for the proposed Project.

Section 4: Location of Documents. The administrative record for the Project is maintained at City Hall located at 12 Journey, Suite 100, Aliso Viejo, CA 92656. The custodian of records is the City Clerk.

PASSED, APPROVED AND ADOPTED this 4th day of December 2024.

ROVED AS TO FORM:

61 Exhibit "A"
Conditions of Approval
27141 Aliso Creek Road (USE-2024-00009)

1. Approval. This approval allows Orange County Health Care Agency to operate an outpatient medical facility 27141 Aliso Creek Road. All activities shall be conducted indoors, on the first floor, that measures 18,096 square feet in size. Operation hours are limited to Monday through Friday 8am to 5pm, one weekday until 8pm, and closed on weekends.

2. Compliance with Permit. The establishment and operation of the approved use shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit.

3. State Law. All large outpatient medical uses shall comply with the provisions of state law, including licensing.

4. Municipal and Building Codes. All large outpatient medical uses shall comply with the provisions of the City of Aliso Viejo Municipal Code and California Building Codes.

5. Fire Safety and Prevention. The Applicant is responsible for compliance with all applicable fire prevention standards and permits.

6. Operational Plan. An operational plan shall be provided prior to the issuance of a certificate of use and occupancy for review and approval by the Director. At a minimum, the plan shall include facility rules and procedures; compliance with applicable local, state and federal laws, discharged patient transportation protocols; staff training; and a "good neighbor policy," which includes a written protocol for the on-site management to follow when a complaint is received from surrounding businesses and residents. Modifications to an operational or security plan shall be considered by the Director and acted upon in his or her discretion of whether such modifications will be detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

7. Security Plan. A security plan shall be provided prior to the issuance of a certificate of use and occupancy for review and approval by the Director and City Council. At a minimum, the plan shall include measures for maintaining a safe environment within and outside the facility; the use of cameras and storage of related footage and the posting of the "no loitering" signs; and assignment of a monitoring sheriff for the facility. All fees associated with the implementation of the security plan, including the assignment and duties of the monitoring sheriff, shall be paid by the facility.

8. Waiting Area. An indoor waiting area shall be designated for patients and visitors.

Prior to the issuance of a certificate of use and occupancy, clear signage shall be posted at the facility entrance directing patients and visitors to the indoor waiting area. Outside queuing is prohibited.

9. Quarterly Review. A comprehensive review of compliance with all conditions of approval shall be required on a quarterly basis, starting from the commencement of facility operations. A summary report of review findings shall be considered by the Director and provided to the City Council. Based on the review findings, the Director and/or the City Council may add or modify any conditions of approval, implement corrective actions, or revoke this approval.

10. Smoking. No smoking shall occur on the property, unless in an approved and designated location.

11. Group Activities. For all group activities, there shall be a minimum break of at least 10 minutes between the end of one session and the beginning of the next, except that no minimum separation is required for group activities occurring as a block of programs for the same individuals. For purposes of this subsection, a "block program" means a group or series of services provided in succession to patients within a three-hour period.

12. Modifications. Modifications to the approved use shall be processed pursuant to AVMC 15.74.110.

13. Sign Permit. A sign permit shall be required prior to the placement, movement, erection, reconstruction, alteration or display of any sign permitted pursuant to Chapter 15.34 AVMC. All signs, except where expressly exempt, shall conform to the current California Building and Electrical Codes as adopted by the city of Aliso Viejo.

14. Noise Control. The establishment and operation of the approved use shall comply with AVMC Chapter 8.12 noise standards.

15. Indemnification. The Applicant shall indemnify, protect, defend, and hold the city, and/or any of its officials (appointed or elected), officers, employees, agents, departments, agencies, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively 'Actions'), brought against the city, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the city and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof

(including actions approved by the voters of the city) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, Planning and Zoning Law, Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed the city shall have the right to approve, which approval will not be unreasonably withheld, legal counsel providing the city's defense, and that Applicant shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. The city shall promptly notify the Applicant of any action brought, and city shall cooperate with the Applicant in defense of the action.

16.Actions by City Council. Decisions by the city council are final and shall become effective immediately except as otherwise provided in the approving action and except for actions by ordinance.

17. Expiration. This approval shall expire and be of no further force or effect if:
a. Expiration of Period of Validity. The permit is not established within two years of the permit's effective date or such other time period designated by the permit approval, by state law, or by this code; or
b. Abandonment. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year.

18. Time Extensions. Upon application before expiration of the period of validity, the original decision-making authority may grant or conditionally grant an extension to the period of validity for up to one year per extension if it finds that such an extension is justified by the circumstances of the original findings for the project can still be made with, if necessary, the imposition of conditions not originally imposed on the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision­ making authority. No more than two one-year extensions may be granted or conditionally granted.

19. Revocation. This approval may be revoked by the original decision-making authority pursuant to the provisions of AVMC 15.74.120.

60367.01100\34434765.2
City of Aliso Viejo

AGENDA ITEM
DATE: April 16, 2025
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works/City Engineer SUBJECT: BIKE LANE DISCUSSION
Recommended Actions:

1. Receive Staff presentation; and

2. Provide direction to Staff regarding bike lane improvement implementation timeline.

Fiscal Impact:

There is no fiscal impact for this report.

Background:

Staff presented the potential bike lane improvement options to City Council on February 5, 2025. During that discussion, three key decisions were made.  Implement the current Manual on Uniform Traffic Control Devices bike lane standards utilizing the green paint option.
 Include a striped buffer zone where the existing lane configuration allows for it.  Do not include any physical barriers within the buffer zone.

Staff was directed to compare implementation costs with and without a concurrent pavement rehabilitation project, as well as long-term maintenance costs.

Discussion:

Estimating and quantifying the cost of a project like this is challenging without a clearly defined plan that allows for obtaining quotes. Pricing tends to fluctuate year over year, as well as depending on the specific scope of each project. To provide a reliable analysis, staff has used current bid pricing from local projects.

Whether the bike lane improvements are implemented as part of a concurrent street project or as a standalone project, there are additional costs when using green paint instead of the standard white. This is due to the greater labor and material requirements 65 60367.01100\34434765.2

for green paint. Staff believes that these additional costs are minimal when the green paint is applied during a concurrent street project, considering the desired visual impact and potential safety benefits. As an example, for the Aliso Creek Road project currently under construction, the cost of green paint is about 3% of the total project cost.

There is a slight cost difference between striping during a standalone project versus as part of a concurrent street project. To apply the new striping standards, any existing conflicting bike lane markings need to be removed. When the striping is done during a street project, there is essentially no additional cost for removal because the new surface course "erases" the old markings. However, removal costs can vary significantly depending on the street, with some areas needing no removal and others requiring extensive work. This cost is estimated to be between 2-5% of the total citywide project cost.

Standalone striping projects also involve the aesthetic of scarred pavement where the old striping was removed, since the full surface won’t be improved. While these areas are not expected to be extensive, they will still be present. Additionally, new striping on older, faded pavement will not have the same visual impact as on a freshly repaved surface. A citywide standalone project might also affect long-term maintenance planning and budgeting. Since all the striping would be done at once, it would all reach the end of its useful life at the same time, requiring a larger project for replacement. When striping is applied during paving projects, maintenance costs are more spread out, but the downside is that the entire city wouldn’t be completed for several years. One initial benefit of completing a standalone citywide project is avoiding the cost escalation that continues to occur annually across construction projects.

As a reminder, staff estimates the cost of a standalone citywide project to be approximately $1.3 million. This includes all arterial streets except for segments already under construction or planned for rehabilitation within the next year. The City currently has about $1.4 million available from AB 2766 (AQMD) funding that could be applied to this project if directed. Additionally, staff is exploring a new grant opportunity that could help fund both pavement rehabilitation and the new bike lane improvements.

Long-term maintenance costs are not expected to be excessive. Thermoplastic pavement markings generally last between 5-10 years, and the city’s current street maintenance budget includes annual upkeep for striping. High-traffic areas, particularly around intersections, will need maintenance more frequently, potentially within five years. This will be an important consideration if transitional green markings are applied across all driveways, as they will experience continuous vehicle traffic. Staff recommends applying these markings only in very high-traffic areas, such as around Town Center, where lane configurations allow for it. Each year, the annual budget will be evaluated to ensure sufficient funding for the efficient maintenance of all city striping.

Staff respectfully seeks City Council direction on whether to continue integrating bike lane improvements, including buffer zones and green paint, during roadway improvement projects or to implement these enhancements beforehand as a standalone project. 66 60367.01100\34434765.2

Environmental:

Any potential projects proposed as a result this recommend action would be considered for environmental CEQA review as needed.

Attachment:

1. Presentation
67 Bike Lane Discussion
68 2
• Class II - Bike Lanes or Buffered Bike Lanes
• A separated path designed exclusively for bicycles and pedestrians, located off-street and away from vehicle traffic.

Aliso Creek Road
(Pacific Park Drive to
Wolverine Way),
Aliso Viejo, CA
Aliso Creek Road,
(Wolverine Way to
Alicia Parkway),
Aliso Viejo, CA
69 3
• Class II Bike Lane Enhancements
• Green Paint at Bicycle Legends
• Green Conflict Striping at Intersections
• Adopted by the CA-MUTCD in January 2024
70 4
• Class III – Bike Route
• A lower speed roadway where bicycles and motor vehicles share the same lane, indicated by signs or shared lane markings (sharrows)
Glenneyre Street,
Laguna Beach, CA
71 5
• Standards
72 6
• Standards
73 7
Funding
AQMD Grant Funds Currently in Reserve: $1.4 Million
Cost Estimate to upgrade all Class II with green paint and buffers ~$1.3M
Excludes street projects scheduled for completion in 2025-26 Reviewing new grant opportunity for rehab/striping projects 74 8
Questions
75