AVAILABILITY OF PUBLIC RECORDS:
All public record to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the City Clerk’s Office, City Hall located at 333 90 th Street, Daly City, CA during normal business hours, at the same time that the public records are distributed or made available to the legislative body.
CITY OF DALY CITY
Regular Meeting - CITY COUNCIL
AGENDA
Monday, April 8, 2024 - 7:00 PM
City Hall Council Chambers – 2nd Floor
City Hall 333 – 90th Street
Daly City, CA 94015
To watch the live telecast:
https://www.youtube.com/DalyCityVideoMeetings, https://www.dalycity.org/agendas, or Comcast Channel 27
Public Participation:
There are three ways to submit public comments: (1) submit written comments by meeting day, (2) submit written comments during the meeting, and (3) attend the meeting in person.
1. To submit written comments by meeting day, please email [email protected] and include “Public Comment” in the subject line. All written comments received by 4:00 pm on meeting day will be provided to the City Council prior to the meeting.
Please note: Any emailed comments received after 4:00 p.m. on the meeting date are not guaranteed to be received by the City Council prior to the meeting. Comments are not read aloud into the record.
2. During the meeting, you may visit www.dalycity.org/agendas to submit comments using the Public Comment form to address the City Council on a specific item, or during the public comment period, and such comments are delivered to the City Council and City Staff during the meeting, and may be read into the record at the time they are received.
3. To speak at the meeting in person, please complete a Speaker Card located at the entrance to the Council Chamber and submit it to a Staff Member as early in the meeting as possible.
Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting should call the office of the City Clerk at (650) 991-8078 as soon as possible.
CALL TO ORDER:
PLEDGE TO THE FLAG:
ROLL CALL:
Agenda – City Council
Monday, April 8, 2024
SWEARING IN:
1. Teresa Proaño, Appointed Councilmember
PRESENTATIONS:
2. Proclamation - Fair Housing Month, Jakob Uriarte, Project Sentinel
3. Proclamation - National Library Week, April 7th-13th, Director Susan Kemp, DCPLA
4. DCPLA Fund-the-Need Grant to the Daly City Public Library, Director Susan Kemp, DCPLA St.
Patrick's Day Luncheon Co-Chair
APPROVAL OF MINUTES:
5. Regular Meeting of March 11, 2024 and Special Meeting of April 1, 2024
APPROVAL OF AGENDA:
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
NOTE: Speakers are limited to two minutes, unless modified by the Mayor.
The Council cannot take action on any matter raised under this item.
CONSENT AGENDA
All items listed on the Consent Agenda are considered to be routine and may be approved by one roll call vote of the City Council. There shall be no separate discussion of the matters on the Consent Agenda unless requested by a member of the City Council. If discussion is required, that item will be removed from the Consent Agenda and will be considered separately at the end of the Agenda.
Resolutions:
6. Set Time and Place for a Public Hearing to Consider One-Year HUD Action Plan for Fiscal Year 2024-25 (Set Hearing: 5/13/24)
7. Accept and Appropriate a Fund-the-Need Grant from the Daly City Public Library Associates
8. Accept and Appropriate a $6,663 Grant from the State of California
9. Accept $431,188.50 Grant from the State Water Resources Control Board
10. Authorize the City Manager to Approve a Purchase Agreement for a 2025 VACTOR 2100i Combination Sewer Cleaner
11. Authorize the City Manager or Designee to Execute a Contract with Plante Moran for Development of an Information Technology Master Plan
Agenda – City Council
Monday, April 8, 2024
12. Set Time and Place of Public Hearing Regarding Proposed Increases and Updates to the Master Fee Schedule (Set Hearing: 5/13/24)
13. Authorize an Agreement with Tyler Technologies, Inc. for their Tyler EERP Software and Implementation Services; authorize an amendment to the agreement with Plante Moran for project management services; and authorize one new FTE in the Information Services Division to support ongoing system implementation.
14. Approve Reclassification and Assignment of Public Works Field Supervisor to Range U 053 of Miscellaneous Unrepresented Salary Schedule
15. Authorize the City Manager to Execute a Professional Service Agreement for Construction Management and Inspection Services for Northern Cities Smart Corridor Expansion Project
16. Notice of Completion for the 2020-2021 Serramonte Slurry Seal and Daly City Crosswalk Enhancement Project
17. Approve a Purchase Agreement for LED Streetlight Fixtures and Poles for School Street
18. Approve Proposed Revisions of Lead Street Maintenance Worker and Safety Inspector I/II Job Specifications (Civil Service)
19. Amend Traffic Regulations to: (1) Relocate the existing northbound SamTrans bus stop in front of 805 Skyline Drive approximately 220-ft. south of the existing bus stop (TSR 24/17); (2) Extend the existing passenger loading and unloading (white) zone an additional 25-ft south on Miriam Street in front of Woodrow Wilson Elementary School (TSR 24/24); and (3) Install 10-ft red zone along the south side of Orange Street, west of the driveway to Thomas R. Pollicita Middle School’s gym parking lot (TSR 24/35).
20. Set Time and Place of Public Hearing Regarding Linda Vista Area of Benefit Fiscal Year 2024- 2025 (Set Hearing: 5/13/24)
Check Registers:
21. Check Registers for the Month of February 2024
END OF CONSENT AGENDA
COMMUNICATIONS:
22. Approve Partnership with Camp Unity to Host a 6-week Summer Camp Program at the Bayshore Community Center and Luau Finale at the Pacelli Event Center STAFF: Leilani Ramos, Denise Brown
RECOMMENDATION: Council Determination
Agenda – City Council
Monday, April 8, 2024
AWARD/REJECTION OF BIDS/CONTRACTS:
23. Rejection of Bids for Northern Cities Smart Corridor Expansion Project STAFF: Richard Chiu, Jr.
RECOMMENDATION: Adopt Resolution by Roll Call Vote
24. Award Construction Contract for the Lawson Hall Roof Project STAFF: Richard Chiu, Jr.
RECOMMENDATION: Adopt Resolution by Roll Call Vote
25. Award Construction Contract for City Hall Elevator Modernization and ADA Barrier Removal Project
STAFF: Richard Chiu, Jr.
RECOMMENDATION: Adopt Resolution by Roll Call Vote
APPOINTMENTS: Board/Commission Membership Committee Appointments
REPORTS:
26. Council Committee
27. City Council
28. Staff
ADJOURNMENT:
Proclamation
Fair Housing Month, April 2024
WHEREAS, adequate housing is a basic need and right of all people; and WHEREAS,this year we celebrate the 56 th Anniversary of the enactment of the Federal Fair Housing Act of 1968 (Title3 VIII of the Civil Rights Act), which states that discrimination in the sale and rental of housing is illegal when based on race, color, religion, sex, or national origin; and WHEREAS,the Fair Housing Amendments Act of 1988 extends fair housing rights based on familial status to families with children, and based on handicap to disabled persons; and
WHEREAS,California statutes additionally protect citizens based on age, marital status, sexual orientation, gender identity and source of income; and WHEREAS,California celebrates the 63 rd Anniversary of the Fair Employment and Housing Act (FEHA); and
WHEREAS, the City of Daly City supports fair housing efforts to eliminate discrimination in housing and recognizes the benefits of Project Sentinel to educate home seekers, apartment managers, and apartment owners on federal and state housing laws, and to investigate complaints of illegal housing discrimination in Daly City; and
WHEREAS,to heighten public awareness, the City of Daly City wishes to focus public attention on April as Fair Housing Month.
NOW, THEREFORE, I, JUSLYN C. MANALO, Mayor, and members of the City Council, hereby proclaim the month of April 2024, as FAIR HOUSING MONTH in the City of Daly City and encourage all residents and community organizations to celebrate the value of harmonious and diverse communities of neighbors and to support the goal of equal housing opportunity for all people.
Signed and sealed by the Mayor and City Council
of the City of Daly City this 8th day of
April 2024.
Juslyn C. Manalo, Mayor
Roderick Daus-Magbual, Vice Mayor
Pamela DiGiovanni, Councilmember
____________________________________
Teresa Proaño, Councilmember
Glenn R. Sylvester, Councilmember
Proclamation
NATIONAL LIBRARY WEEK – APRIL 7-13, 2024
WHEREAS,libraries offer the opportunity for everyone to connect with others, learn new skills, and pursue their passions, no matter where they are on life’s journey; and WHEREAS,libraries have long served as trusted institutions, striving to ensure equitable access to information and services for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status; and
WHEREAS,libraries adapt to the ever-changing needs of their communities, developing and expanding collections, programs, and services that are as diverse as the populations they serve; and
WHEREAS,libraries are accessible and inclusive places that promote a sense of local connection, advancing understanding, civic engagement, and shared community goals; and
WHEREAS,libraries play a pivotal role in economic development by providing resources and support for job seekers, entrepreneurs, and small businesses, thus contributing to local prosperity and growth; and
WHEREAS,libraries are an essential public good and fundamental institutions in democratic societies, working to improve society, protect the right to education and literacy, and promote the free exchange of information and ideas for all; and WHEREAS,libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week.
NOW, THEREFORE, I, JUSLYN C. MANALO, Mayor of the City of Daly City, on behalf of the City Council, do hereby proclaim April 7-13, 2024 as “National Library Week” in Daly City. During this week, I encourage all residents to visit their library and celebrate the adventures and opportunities they unlock for us every day. Ready, Set, Library!
Signed and sealed by the Mayor and City
Council of the City of Daly City this 8th day
of April 2024.
Juslyn C. Manalo, Mayor
Roderick Daus-Magbual, Vice Mayor
Pamela DiGiovanni, Councilmember
Teresa Proaño, Councilmember
Glenn R. Sylvester, Councilmember
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MARCH 11, 2024
--------------------------------
Note on Public Comments:
To provide public comments, members of the public have the option to- 1) attend in person, 2) email the City Clerk, or 3) submit comments through the public comment portal on the City’s website. Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting are instructed to call the office of the City Clerk at 991-8078 prior to the meeting.
Visit https://www.youtube.com/@DalyCityVideoMeetings/streams to view the City Council meetings
The regular meeting was called to order by Mayor Manalo at 7:00 P.M.
ROLL CALL: Councilmembers Present:
Juslyn C. Manalo, Mayor
Roderick Daus-Magbual, Vice Mayor
Pamela DiGiovanni
Glenn R. Sylvester
Staff Present:
Thomas J. Piccolotti, City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk
APPROVAL OF MINUTES:
Regular Meeting of February 26, 2024
It was moved by Councilmember DiGiovanni, seconded by Vice Mayor Daus-Magbual and carried by the unanimous roll call vote to approve the minutes of February 26, 2024.
APPROVAL OF AGENDA:
City Manager Piccolotti requested to table item #10 on the agenda.
It was moved by Vice Mayor Daus-Magbual, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to approve the agenda, as amended.
PUBLIC APPEARANCES:
City Attorney Zimmerman stated in accordance with the Brown Act Laws, the City Council is not authorized to speak to or take action on matters in the public comment section. Furthermore, speakers must refrain from profane language and other disruptive remarks or behavior, or risk being removed from the meeting, and the time limit for each public comment is 2 minutes unless otherwise announced.
Mayor Manalo acknowledged and was amenable to a request from a community member for having a time limit of 1 minute for each speaker given the large number of speakers at tonight’s meeting.
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MARCH 11, 2024
2 The following speakers expressed support for agendizing and passing a resolution calling for a ceasefire in Gaza which would call for an end to violence to save lives, release of hostages, and free flow of humanitarian aid into Gaza; it would also promote peace, unity, community safety for all constituents and strengthen collective empathy. Individuals urged the Council to pass the resolution to stand in solidarity with the people of Gaza as well as Palestinians living in the US and to condemn the hate crimes and Islamophobia against Arab and Muslim communities across the country. Speakers spoke about the genocide in Gaza and the over 30,000 Palestinians that have been killed since October 2023, the over 2 million people that have been displaced from their homes, the blockade limiting humanitarian aid to Gaza resulting in mass starvation, and other violations of human rights. Other issues discussed to support the resolution included the large amount of US tax dollars used to fund Israel’s military, as well as the many contributions from the Palestinian community in Daly City. Palestinian residents and community members shared their experiences of the loss of family members in Gaza, while others shared experiences of Islamophobia. Individuals urged the Council to stand with other California cities that have already passed ceasefire resolutions.
Neda Jamaly El (Anakbayan Daly City) Stephanie
Liftawiya Jeannel (Gabriela Daly City) Nadeen Shatara Nicole Han Mahmoud Eraikat Christian Smith
Kamilah Glenn Amanda S.
Hibah (4DC) Andrew Lauren
Jay Katt Rami A. Elen E.
Justin Arianna Vanessa A.
Carlos M. Fady Salah Samiha Erakat
Umayan Jimmy Shamieh Cindy P.
Diana Alfredo Olguin Jr. Amena
Beck Chow Delaney W. Isaac Goodman
Eureka Soriano Deodor Priscilla W.
Suheil Shatara Jas Russell
Desiree Gunn Virginia Hesham
Nick Occhipinti DeVante Tobi
Lina Pat Tim Mendoza
Fernando Tito
The following speakers expressed opposition for agendizing a resolution which calls for a ceasefire in Gaza. Individuals urged the Council not to get involved with the complex international war between Israel and Hamas and that such a resolution would only create division, encourage hate speech, and create an unsafe environment within Daly City. Others pointed out that such resolutions perpetuate antisemitism and misinformation by being one-sided, that a non-binding resolution will not bring peace to the ongoing war, and that introducing any form of foreign policy locally sets a precedent that’s difficult to reverse. Some questioned if there was a political agenda against Israel by those supporting such a resolution (i.e. CAIR) and denied there was a genocide happening in Gaza. Some recommended the Council to focus on local issues that affect residents instead of international affairs and follow the examples of cities that have chosen not to pass a resolution. Members from the Jewish community shared experiences of the pain and suffering caused by Hamas towards family members and friends in Israel, pointed out the refusal of Hamas to release its hostages and its intent to repeat the attacks of October 7, and voiced concern with the rise of antisemitism and violence against the Jewish community.
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MARCH 11, 2024
3 Yaroslav Vinogradsky Gaby Makstman C.C.
Ronit Rose Val Gu Nadav Kanarik
Inga Pevchin Mayrav Yigal Blum
Raz Lev Ben Parnas Danielle
Sarit Polevoy S. Goldman Oren Rubinstein
Hanoch Ravis Liat Dremer Shlomit Blum
Jared Brown
Mayor Manalo called for a recess at 8:13 PM and reconvened the meeting at 8:31 PM; all Councilmembers were present.
CONSENT AGENDA:
It was moved by Councilmember DiGiovanni to pull item #’s 3, 5, 6, and 9 from the Consent Agenda. City Clerk Hipona provided clarification that the Council previously voted to remove item # 10 during the Approval of Agenda. DiGiovanni’s motion failed due to a lack of a second. DiGiovanni stated she was surprised at the lack of support from the Council in pulling items from the Consent Agenda for further discussion.
It was moved by Vice Mayor Daus -Magbual, seconded by Mayor Manalo and carried by the following roll call to approve the Consent Agenda.
Ayes: Daus-Magbual, Sylvester, Manalo
Noes: DiGiovanni
Communications:
2024 4th Quarter Investment Report
Receive and File Housing Successor Agency Annual Report For Fiscal Year 2022-2023
Resolutions:
Annual Delegation of Authority to City Treasurer to Invest City Funds
Resolution 24-36, Renewing Delegation of Investment Authority to the City Treasurer
Professional Services Agreement to Revise the 2015 Planned Retreat Management Plan for Mussel Rock Landfill
Resolution 24-37, Approving Professional Services Agreement with Tetra Tech to Revise the 2015 Planned Retreat Management Plan for Mussel Rock Landfill
Authorize the City Manager to Execute a Memorandum of Understanding and Temporary Construction License with Kimco Westlake L.P. for the RO 572 Streetlight Conversion Project
Resolution 24- 38, Authorizing Executi on of Memorandum of Understanding and Temporary Construction License with Kimco Westlake L.P. for the RO 572 Streetlight Conversion Project
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MARCH 11, 2024
4 Approve Salary Reassignments for the Fire Chief and Deputy Fire Chief Positions
Resolution 24- 39, Approving Salary Reassignments for the Fire Chief and Deputy Fire Chief Positions
Accept and Appropriate CalRecycle SB 1383 Local Assistance Grant Program
Resolution 24-40, Accepting and Appropriating Grant Funding from the California Department of Resources Recycling and Recovery
Accept and Appropriate Mattress Recycling Council Grant for a Pilot Study Project on Illegally Dumped Mattresses
Resolution 24-41, Accepting and Appropriating Grant from the Mattress Recycling Council for a Pilot Study Project on Illegally Dumped Mattresses
Notice of Completion for the Outdoor Fitness Court Site Work: Lincoln Park, Westlake Park Project
Resolution 24-42,
Accepting Completion of Certain Project in the Department of Public Works (Outside Fitness Court Site Work: Lincoln Park, Westlake Park Project)
END OF CONSENT AGENDA
AWARD OF BIDS/CONTRACTS:
Adopt Resolution Appropriate Funds and Award a Construction Contract for the Civic Center North Human Resources Tenant Improvements Project
Director of Public Works Richard Chiu provided the report and staff recommendations including accepting all bids and awarding a contract to Zone 4 Construction, Inc. in the amount of $1,621,145. Chiu addressed questions regarding the extent of advertisement and market outreach of the project to the local area and the cost savings for relocating the Human Resources Department in Civic Center North.
It was moved by Mayor Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the following resolution:
Resolution 24-43, Authorizing Appropriation of Funds and Execu tion of Construc tion Contract with Zone 4 Construction, Inc. for the Civic Center North Human Resources Tenant Improvements
RESOLUTIONS:
Accept 2024 Statement of Investment Policy Update
City Treasurer Daneca Halvorson reported contracting with Chandler Asset Management (CMA) to review and update the City’s Investment Policy to ensure compliance and meet the City’s investment objectives. CMA’s Karl Mang discussed recommended modifications to the City’s Investment Policy.
Mang addressed questions on whether CMA has worked with other cities in San Mateo County and/or the state, whether other cities are required to update their policies, and clarification of investment terms. Staff addressed questions on next steps, when the policy was last reviewed, and the purpose of employing CMA’s services.
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MARCH 11, 2024
5 It was moved by Vice Mayor Daus-Magbual, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the following resolution:
Resolution 24-44, Adopting the Updated Statement of Investment Policy for the City of Daly City
REPORTS:
City Council
Vice Mayor Daus-Magbual thanked everyone who came to speak at the meeting. Daus-Magbual referred to being elected to the Council to take a stand and to be bold in speaking for our communities.
Daus-Magbual expressed support for the tenets of equity and expressed his desire to work with staff on a ceasefire resolution addressing the genocide happening in Gaza; he stated this was a personal comment on where he stands on the matter.
Councilmember DiGiovanni stated she had received advisement from the City Attorney that an item must be agendized for the Council to address or make a motion on it, whether it was brought up by the public or not. DiGiovanni referred to the City Attorney’s advisement not to address public comments due to the Brown Act.
Mayor Manalo thanked everyone who came to the meeting, acknowledging the pain of those who spoke, and for their respect towards each other. Manalo stated the Council will be in discussions with the City Manager regarding next steps and acknowledged the diverse community of the City and what was heard tonight through public comments. Manalo also noted the public comment portion of the agenda was permanently moved to the beginning of the meeting to accommodate the community’s time.
ADJOURNMENT:
It was moved by Vice Mayor Daus-Magbual, seconded by Councilmember DiGiovanni and carried to adjourn the meeting at 9:35 PM.
Approved as submitted, this 25th
City Clerk
day of March , 2024.
Juslyn C. Manalo
Mayor
CITY OF DALY CITY
MINUTES – SPECIAL MEETING – CITY COUNCIL
APRIL 1, 2024
--------------------------------
Note on Public Comments:
To provide public comments, members of the public have the option to- 1) attend in person, 2) email the City Clerk, or 3) submit comments through the public comment portal on the City’s website. Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting are instructed to call the office of the City Clerk at 991-8078 prior to the meeting.
Visit https://www.youtube.com/@DalyCityVideoMeetings/streams to view the City Council meetings
Mayor Manalo called to order t he special meeting at 6:00 P.M. and thanked the applicants, the community, staff and the Council for their participation and cooperation in the application process to fill the City Council vacancy.
ROLL CALL: Councilmembers Present:
Juslyn C. Manalo, Mayor
Roderick Daus-Magbual, Vice Mayor
Pamela DiGiovanni
Glenn R. Sylvester
Staff Present:
Thomas J. Piccolotti, City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk
MEETING PROCEDURE:
City Attorney Rose Zimmerman outlined the meeting procedure and interview format for the vacant City Council position. The procedure included: for the Public Appearances section to be limited to 15 minutes with each speaker receiving 1 minute to speak; for the City Clerk to draw names to determine the order of the interviews; five interview questions at two minutes each; an optional 2-minute closing statement; and for the City Clerk to keep time during the interviews. Furthermore, after the interviews, the Council had the option of taking a recess before deliberations and nominations.
PUBLIC APPEARANCES:
The following speakers expressed support for Manufou Liaga-Anoa’i to be selected for the vacant Council seat. Individuals highlighted Liaiga -Anoa’i’s skills and experience in leadership, public service, advocacy, and her work with various public organizations and agencies. Speakers pointed out the over 6,800 votes that were cast for Liaiga -Anoa’i when she ran for City Council in 2022, Liaiga -Anoa’i’s talents and qualities, and her passion for unity and the people and community of Daly City.
Mele K. Latu
Aileen Cassinetto
Ana Petero
Reno Anoa’i
Bevan Dufty
Pete Lang
Pat Murray, South San Francisco Unified School District Trustee Terry Chavez
CITY OF DALY CITY
MINUTES – SPECIAL MEETING – CITY COUNCIL
APRIL 1, 2024
2 INTERVIEWS FOR VACANT CITY COUNCIL POSITION
City Clerk Annette Hipona drew candidate names to determine the order of the interviews . City Attorney Zimmerman provided clarification on interview procedures including the allotted 12 minutes for each applicant.
Candidates were interviewed in the following order determined by random drawing:
1. Manufou Liaiga-Anoa’i
2. Theresa Faapuaa
3. Tony Bayudan
4. Martinien Cho
5. Daniel Vizcarra
6. Cristina Trujillo
7. Musa Issa Nijmeh
8. Thomas Nuris
9. Teresa Proaño
10. Gayle Samuelson Carpentier
During the meeting, John Cooper, Ricardo Cruz, Peter Paul Ifurung, and Jason Angeles withdrew from the interview process. Prior to the meeting, Paul Cunnie, Andrew Sielen, and Carlos Gonzalez - Tostado withdrew from the process.
Christopher Fritz, Crystalyn Malbas, Anita Lim-Fritz, Dolores Molina, Gabriella Makstman, Anil Shrestha, and Tam Su were not present when their names were called for the interview.
At the conclusion of the interviews, Mayor Manalo thanked everyone who came for the interview and called for a recess at 7:58 PM. Manalo reconvened the meeting at 8:36 PM; all Councilmembers were present. The Council thanked everyone who came to interview for the City Council vacancy.
CONSIDERATION OF APPOINTMENT TO THE CITY COUNCIL:
Mayor Manalo called for nominations to appoint a candidate to fill the vacancy.
The City Attorney provided clarification on the procedure for nominations.
Vice Mayor Daus- Magbual nominated Teresa Proa ño. Councilmember DiGiovanni nominated Theresa Faapuaa. Councilmember Sylvester nominated Thomas Nuris.
The City Attorney provided clarification on the procedure for nominations. Mayor Manalo nominated Manufou Liaiga-Anoa’i. Vice Mayor Daus-Magbual nominated Tony Bayudan.
Hearing no other nominations, i t was moved by Councilmember Sylvester , seconded by Vice Mayor Daus-Magbual and carried to close the nominations.
It carried by the following roll call vote to appoint Teresa Proaño as Councilmember:
Ayes: Daus-Magbual, Sylvester, Manalo
Noes: DiGiovanni
CITY OF DALY CITY
MINUTES – SPECIAL MEETING – CITY COUNCIL
APRIL 1, 2024
3 City Clerk Hipona confirmed that Teresa Proaño received a majority vote to fill the vacancy and serve as interim Councilmember. City Attorney Zimmerman addressed questions and provided next steps for the interim City Council position including the Oath of Office.
ADJOURNMENT:
Mayor Manalo adjourned the meeting at 9:07 PM.
Approved as submitted, this 8th
City Clerk
day of April , 2024.
Juslyn C. Manalo
Mayor
City Council Meeting Agenda ReportItem # _____
Meeting Date: April 8, 2024
Subject: Set Time and Place for a Public Hearing to Consider One-Year HUD Action Plan for Fiscal Year 2024-25
Recommended Action
Set a Public Hearing for May 13, 2024 for the purpose of citizen review and comment on Daly City’s One-Year Action Plan under the Community Development Block Grant (CDBG) and HOME programs for FY 2024-25.
Background
The One-Year Action Plan identifies how CDBG and HOME monies will be allocated. Prior to Council allocating these funds for FY 2024-25, the Department of Housing and Urban Development (HUD) requires the City to hold a public hearing to allow for citizen comment on Daly City’s proposed One-Year Action Plan for Fiscal Year 2024-25.
Discussion
CDBG funds can be used for various activities including Administration, Economic Development, Capital Projects, Housing and Public Services. HOME funds may be used for activities that expand the supply of decent, affordable housing for lower income families.
The City has not yet been informed of its FY 2024-25 CDBG and HOME allocations. However, in order to ensure compliance with public review requirements for the draft Action Plan, the City has prepared the draft FY 2024-25 Action Plan and incorporated contingencies should the actual CDBG and HOME allocations differ from what is estimated in its FY 2024-25 CDBG budget. The draft Action Plan will be finalized and submitted to HUD only after the City receives officiation notification of its FY 2024-25 CDBG and HOME allocations.
Pursuant to the City’s Community Participation Plan, the City’s HUD Action Plans will be available for a 30-day public comment period prior to the public hearing and Council consideration.
For FY 2024-25. Therefore, Daly City’s draft FY 2024-25 Action Plan will be available at City Hall and all City libraries for a 30-day review period beginning April 11 through May 13. Notice of the availability of this document and a summary of the draft FY 2024-25 Action Plan will be published in The Examiner and made available on the City’s web site.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Betsy ZoBell Tatum Mothershead
Housing and Community Development Supervisor Director, Economic & Community Development
City Council Meeting Agenda ReportItem # _____
Meeting Date: April 8, 2024
Subject:Accepting and Appropriating an $11,000 Grant from the Daly City Public Library Associates
Recommended Action
It is recommended the City Council accept an $11,000 grant from the Daly City Public Library Associates and appropriate this amount for the purchase of science and technology educational supplies, maker equipment, and games and puzzles for circulation.
Background/Discussion
The Daly City Public Library Associates’ 2024 St. Patrick’s Day Fund-the-Need event raised funds for several library projects to benefit the community. Attendees donated towards STEM education kits to support after-school programming, a new collection of games and puzzles for the community to check-out, and mobile maker equipment for outreach.
Fiscal Impact
This $11,000 grant from the Daly City Public Library Associates was not anticipated in the current Fiscal Year budget. These grant funds were received and will be expended in Fiscal Year 2024-25.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or City Council.
Respectfully submitted,
Chela Anderson
Library Director
City Council Meeting Agenda ReportItem # _____
Meeting Date: April 8, 2024
Subject:Accepting and Appropriating a $6,663 Grant from the State of California Recommended Action
It is recommended the City Council accept a grant of $6,663 from the California State Library’s Lunch at the Library program, and appropriate this amount for youth services programming.
Background/Discussion
The Lunch at the Library program provides children and teens with meals, summer reading programs, and other activities that support learning, health, and wellness.
The Library will use the grant funds to support and enhance programs for youth in our community at partner meal sites, including those hosting Big Lift Inspiring Summers.
Fiscal Impact
The $6,663 grant revenue from the State of California was not anticipated in the current Fiscal Year budget. These grant funds were received and will be expended in Fiscal Year 2023-24.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or City Council.
Respectfully submitted,
Chela Anderson
Library Director
City Council Meeting Agenda ReportItem # _____
props
Meeting Date: April 8, 2024
Subject: Accept $431,188.50 Grant from the State Water Resources Control Board Recommended Action
Staff recommends that the City Council accept a $431,188.50 grant from the State Water Resources Control Board (State Water Board) through its California Extended Water and Wastewater Arrearage Payment Program. The program utilizes funds from the American Rescue Plan Act (ARPA) of 2021 to provide financial relief to residential and commercial customers for unpaid water bill debt resulting from the COVID-19 pandemic.
Background/Discussion
The COVID-19 pandemic made it difficult for many residents to pay their bills. Through $985 million in Federal funding from ARPA, the State Water Board created the California Water and Wastewater Arrearage Payment Program (Program) in 2021 to provide relief for unpaid water bills related to the pandemic. That funding covered water debt accrued between March 4, 2020, and June 15, 2021, for residential and commercial customers. Daly City applied for and received $441,345.64 in grant funding from this program in 2022.
In December 2023, the Daly City Department of Water and Wastewater Resources applied for and was awarded an additional $431,188.50 from the State Water Board through the California Extended Water and Wastewater Arrearage Payment Program. This funding covers water debt accrued between June 16, 2021, and December 31, 2022, for residential and commercial customers. The funds received will assist 571 Daly City water customers, 552 residential ($407,195.39), and 19 commercial ($11,434.22). The funds will be directly applied to water accounts as bill credits to help customers address past-due bills incurred during the COVID-19 pandemic bill relief period.
Customers will be notified of the amounts credited to their accounts within 60 days of receiving Program funds. Program funds may only be used to cover residential and/or commercial arrearages that have accrued during the COVID-19 pandemic bill relief period.
Fiscal Impact
The Daly City Finance Department will apply $418,629.61 in credits to 571 water accounts that are over 60 days past due and were incurred between June 16, 2021, and December 31, 2022. The remaining $12,558.89 of Program funds represent 3% of the water bill credits. The State Water Board adds the 3% for administrative costs for customer notification.
Summary/Conclusion
Staff is requesting that the City Council accept this grant from the State Water Board to assist Daly City residents in paying their outstanding water bills due to financial hardships caused by the COVID-19 pandemic.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
City Council Agenda Report
Subject: Accept $431,188.50 Grant from the State Water Resources Control Board Meeting Date: April 8, 2024
Respectfully submitted,
Timothy Nevin Joshua Cosgrove
Director of Finance and Administrative Services Director of Water and Wastewater Resources
City Council Agenda ReportItem # _____
Meeting Date: April 8, 2024
Subject: Authorizing the City Manager to Approve a Purchase Agreement for a 2025 VACTOR 2100i Combination Sewer Cleaner
Recommended Action
Staff recommends that the City Council authorize the City Manager, or his designee, to execute a purchase agreement with Owen Equipment, Inc. for the purchase a 2025 VACTOR 2100i Combination Sewer Cleaner for the Department of Water and Wastewater Resources in the amount of $716,034.77 including sales tax.
Discussion
Combination Sewer Cleaner equipment are critical to the maintenance response program of the Department of Water and Wastewater Resources. The VACTOR will support the Department’s effort to maintain sewer mains and clear sewer line blockages. The VACTOR can also be used to assist with construction and repair of sewer lines, as it possesses vacuum-excavation capabilities, which allows crews to access pipe failures while safely navigating around underground utilities.
The new VACTOR will add reliably to an important element of the Department of Water and Wastewater Resources day-to-day operations. The new VACTOR will replace a unit that is ten (10) years old and has reached the end of its useful life.
The California Government Code authorizes public agencies to participate in cooperative purchasing programs, like those established by Sourcewell, while still adhering to the City's Municipal Code for the procurement of supplies, vehicles, and equipment. In this case, Owen Equipment, Inc through a bid with Sourcewell is able to provide the equipment we are seeking at a competitive price so that the City can achieve the benefits of a competitive bid without the additional costs and delays associated with the standard bidding process.
Fiscal Impact
Sufficient funds to purchase the VACTOR 2100i Combination Sewer Cleaner in the amount of $716,034.77 is available in the Fiscal Year 2023-2024 Motor Vehicle Replacement Fund Account 51-315-453-4558.
Summary/Conclusion
Staff recommends that the City Council authorize the City Manager, or his designee, to execute a purchase agreement with Owen Equipment, Inc. for the purchase a 2025 VACTOR 2100i Combination Sewer Cleaner for the Department of Water and Wastewater Resources in the amount of $716,034.77 including sales tax.
Authorizing the City Manager to Approve a Purchase Agreement for a 2025 VACTOR 2100i Combination Sewer Cleaner
Meeting Date: April 8, 2024
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Jeffery W. Fornesi Richard Chiu, Jr.
Assistant to the Director of Public Works Director of Public Works Attachments: Owen Equipment Order No. 2024-72270
2100i
Quote Number:-2024-72270
Date:- 03-01-2024
Team Member :- John Abramowski
Tel : -
Presents a
Proposal Summary
2100i
Truck Mounted Single Engine
Combination Sewer Cleaner
For
DALY CITY CA
2100i
Quote Number:-2024-72270
Date:- 03-01-2024
Team Member :- John
Abramowski
Tel : -
BASIC
MODEL
Vacuum System
Model Type
Water Flow
Chassis Source
Controls
Roots 824-18 Blower
Combo
50.00 Customer
Debris Body Capacity (cu.yd.)
Water Capacity
Water Pressure
Water Tank Material
Blower High Temp Shutdown
5.00 1000
3000
Aluminum
false
CHASSIS
PSFS370A-2025-E Single Axle -2025 Freightliner 114SD SFA - 370 HP - Auto -46 -000
GVWR - GHG
STANDARD FEATURES
010iSTD Operator Station Curbside Toolbox
011iSTD Aluminum Fenders
012iSTD Mud Flaps
016iSTD Color Coded Sealed Electrical System
019iASTD Intuitouch Electronic Package
020iSTD Double Acting Hoist Cylinder
025iASTD Handgun Assembly
026iSTD Ex-Ten Steel Cylindrical Debris Tank
030iSTD Flexible Hose Guide
032iSTD (3) Nozzles with Carbide Inserts w/Rack
045iSTD Suction Tube Storage
046iSTD 1" Nozzle Pipe
1001iSTD Flat Rear Door w/Hydraulic Locks
1005iSTD Dual Stainless Steel Float Shut Off System
1011iSTD Microstrainer Prior to Blower
1024iSTD Debris Body Vacuum Relief System
1031iSTD Debris Deflector Plate
1032iSTD 48" Dump Height
1041iSTD Debris Body-Up Message and Alarm
2001iSTD Low Water Indicator On Screen w/Alarm and Water Pump Flow Indicator
2100i
Quote Number:-2024-72270
Date:- 03-01-2024
Team Member :- John
Abramowski
Tel : -
2011iSTD 3" Y -Strainer at Passenger Side Fill with 25' Fill Hose 2014iSTD 1000 Gallons STD
2022iSTD Additional Water Tank Sight Gauge
2023iSTD Liquid Float Level Indicator
3019iSTD Digital Water Pressure Gauge
4006iSTD Front Joystick Boom Control
4010iSTD Boom Hose Storage
4017iSTD Boom Out of Position Message and Alarm
5010iSTD Rodder System Accumulator - Jack Hammer on/off Control w/ manual valve
5011iSTD 3"Y -Strainer @ Water Pump
5015iSTD Midship Handgun Coupling
5019iSTD Chassis Engine Cooling Package
5022iSTD Side Mounted Water Pump
6005iDSTD Digital Hose Footage Counter
6007iSTD Hose Reel Manual Hyd Extend/Retract
6009iSTD Hose Reel Chain Cover
6017iSTD Hydraulic Tank Shutoff Valves
6020iBSTD Hydraulic Extending 15" - Rotating Hose Reel - 1" x800' Capacity 7001iSTD Tachometer/Chassis Engine w/Hourmeter
7003iSTD Water Pump Hour Meter
7004iSTD PTO Hour Meter
7005iSTD Hydraulic Oil Temp Alarm
7007iSTD Tachometer & Hourmeter/Blower
8000iSTD Circuit Breakers
8025iSTD LED Lights- Clearance- Back-up- Stop- Tail & Turn 9002iSTD Tow Hooks- Front and Rear
9003iSTD Electronic Back-Up Alarm
i110STD Module Paint- DuPont Imron Elite - Wet on Wet
S390BSTD 7" Vacuum Pipe Package
S560STD Emergency Flare Kit
S590STD Fire Extinguisher 5 Lbs.
2100i
Quote Number:-2024-72270
Date:- 03-01-2024
Team Member :- John
Abramowski
Tel : -
BOOM
4009iA Water Ring Assembly- At Debris Body Inlet
4011iB Bellypack Wireless Controls with hose reel controls- 2-way communications- and LCD Display
4013i Rotatable Boom Inlet Hose
4016i 180 deg. 10' x 15' Rapid Deployment Boom
5029iA RDB Washout Coupling
DEBRIS BODY
1003i Debris Body Washout
1004iB Onboard Electronic/Digital Scale system with Vacuum Relief 1005iA S.S Float Ball Cage for Float Shut Off System
1009iE Externally Mounted Trash Pump w/ Basket Intake Screen 1014i Centrifugal Separators (Cyclones)
1015iAM Folding Pipe Rack - Streetside - Air Actuated -7" Pipe 1015iBR Rear Door Pipe Rack- Removed
1015iHD Folding Pipe Rack - Curbside - Air Actuated -7" Pipe 1022i Rear Door Splash Shield
1023i Lube Manifold, with Lube Chart
3021i Digital Debris Body Level Indicator Tied to Vacuum Relief 4020i Anti Splash Valve- Body Inlet
VACUUM OPTIONS
3015i Front Blower Controls
6019iA Final Filter and Silencer Ball Valve Drains
REAR DOOR
1008iF 6" Rear Door Knife Valve w/Camlock - Air Actuated w/Port -6:00 Position
1009iD Full Rear Door Swinging Screen
1025i Flat Rear Door Ports
2100i
Quote Number:-2024-72270
Date:- 03-01-2024
Team Member :- John
Abramowski
Tel : -
HOSE REEL
6002iB3 600' x 3/4" Piranha Sewer Hose 3000 PSI in lieu of STD 6004iD Rodder Hose Pinch Roller
6014i High Pressure Hose Reel
6025iE Hose Wind Guide (Dual Roller)- Auto- Power Indexing 6027iA 25' Leader Hose ( in lieu of standard)
8030i Hose Reel Wrapped for Delivery
WATER TANKS
2020i 6" GravityFill Port on Upper P/S Water Tank
3020i Digital Water Level Indicator
5015i Handgun Couplers- Front and Rear
MISCELLANEOUS
S391iA 7" x 78" Higbee Catch Basin Nozzle
8024i Amber Lights for Flashing Light Package
CM-PSFS370A-2025-01 Chassis Modifications - 2025 Freightliner PSFS370A
LIGHTING
8001iJ Rear Directional Control- LED Arrowboard
8002iA Wireless- Waterproof- Rechargable- Handheld- LED Spot Light w/12V Charger
8004iF Rear Mounted- LED Beacon Light w/ Limb Guard
8004iG Front Mounted- LED Beacon Light w/Limb Guard
8005iA H.A.L.O. (Handsfree Accessory Light Option) without Light 8020iL 14 Light Package- 14 Federal Signal Strobe Lights- LED 8027i LED Mid-Ship Turn Signals
8028iA Worklights (2), Self-Leveling Boom LED
8029i Worklights (2)- LED- Rear Door
8029iA Worklight- LED- Operators Station
8029iB Worklight- LED- Hose Reel Manhole
8029iC Worklight- LED- Curb Side
8029iD Worklight- LED- Street Side
2100i
Quote Number:-2024-72270
Date:- 03-01-2024
Team Member :- John
Abramowski
Tel : -
9021iB Camera System- Front- Rear and Both Sides
PAINT
Cab Paint Color
Module Paint Color
White
White
V-LOGO-APPL. Vactor Logos - Applied
i116 Door Stripe Material- Reflective Tape
i124R Vactor 2100i Body Decal- Red
TOOLBOX
6031i Front Hose Reel Tool Storage
9070iA Toolbox- Front Bumper Mounted- 16 x 12 x 18 w/(2) LED Side Markers
9070iB Long Handle Tool Storage
9071iFL Toolbox- Behind Cab - 14w x 36h x 96d - with Lighting 9074iAL Toolbox- Driver Side Subframe- 18w x 24h x 24d - with Lighting
WATER ACCESSORIES
5021iC Hydro Excavation Kit - Includes Lances w/ Shield- Nozzles- Storage Tray- and Vacuum Tube
6019i Rodder Pump Drain Valves
WATER SYSTEM
5003i 50 GPM/3000 PSI Jet Rodder pump
2100i
Quote Number:-2024-72270
Date:- 03-01-2024
Team Member :- John
Abramowski
Tel : -
Sourcewell price for Vactor 2100i...…………..………..……………………….…………………..$651,681.25 Tax @9.875 %......................................................................................................................................$64,353.52 Total Price FOB Daly City………….……………………………………………………….........…$716,034.77 Registration and training included
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY
EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: Price is good until June 1st, 2024. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented. All payments made will be made due to Owen Equipment.
TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require pay ment unless a properly executed Exemption Certificate is submitted.
DELIVERY: 12-14 Months ARO TERMS: Net 10 or Approved Lease
Let me know if you need any additional information. I can provide you with a bid spec if you need it. I would welcome the opportunity to set up a demo to show you guys just how easy it is to use our unit. If you have any questions, please give me a call at (916) 947-0986.
Sincerely,
Jordan Slabaugh
2100i
Quote Number:-2024-72270
Date:- 03-01-2024
Team Member :- John Abramowski
Tel : -
2100i
Quote Number:-2024-72270
Date:- 03-01-2024
Team Member :- John
Abramowski
Tel : -
Domestic Terms and Agreement
ORDERS: All orders are subject to acceptance by VactorManufacturing, Inc. or Guzzler Manufacturing, Inc. (hereafter referred to as Vactor). Orders for products not normally carried in stock or requiring special engineering or manufacturing is in every case subject to approval by Vactor's Management.
PRICES: All orders are subject to current prices in effect at the time of order acknowledgement. F.O.B. Point: Unless otherwise stated, all prices listed are F.O.B. factory. Vactor reserves the right to increase the order price set forth in this Proposal Summary at any time before delivery to Buyer to reflect any increase in Vactor's costs to manufacture or deliver the ordered product due to any factor beyond the reasonable control of Vactor. Vactor shall provide Buyer with prompt electronic notice of any such price increase. Buyer shall have five days from receipt of such notice to cancel its order, absent which Buyer shall be deemed to have consented to the price increase.
PAYMENT TERMS: The company's payment terms are due upon receipt, unless otherwise stated. However, until such time as Vactor receives full payment, Vactor shall maintain a purchase money security interest in the product.
CANCELLATION: Orders cannot be cancelled except upon terms that will compensate Vactor for any loss or damage sustained. Such loss will be a minimum of 10% of the purchase price.
SHIPMENT: All proposals are based on continuous and uninterrupted delivery of the order upon completion, unless specifications distinctly state otherwise. In the event that agreement is reached for Vactor to store completed items, they will be immediately invoiced to the customer and become due and payable. Storage shall be at the risk of the customer and Vactor shall be liable only for ordinary care of the property.
STORAGE CHARGES: Vactor shall charge the customer at current rates for handling and storing customer's property (e.g. truck chassis) held for more than thirty (30) days after notification of availability for shipment. All customer's prop erty, or third party's property, that is stored by Vactor is at the customer's or other party's risk. Vactor is not liable for any loss or damage thereto caused by fire, water, corrosion, theft, negligence, or any caused beyond its reasonable control.
PERFORMANCE: Vactor shall not be liable for failure to complete the contract in accordance with its terms if failure is due to wars, strikes, fires, floods, accidents, delays in transportation or other causes beyond its reasonable control.
EXPERIMENTAL WORK: Work performed at customer's request such as sketches, drawings, design, testing, fabrication and materials shall be charged at current rates.
SKETCHES, ENGINEERING DRAWINGS, MODELS and all preparatory work created or furnished by Vactor, shall remain its exclusive property; and no use of same shall be made nor may ideas obtained therefrom be used except with the consent of and on terms acceptable to Vactor.
TAXES: Buyer's final cost shall include all applicable sales and use taxes, including all sales and use taxes attributable to any changes made to Buyer's initial order placed hereunder or to any changes to applicable sales and use tax laws.
However, Vactor Manufacturing, Inc. shall be responsible for Federal Excise Tax(F.E.T.) unless it is separately stated on the invoice and added to the selling price. If F.E.T. is not separately stated on the invoice it has not been included in the price and Vactor will pay any F.E.T. due itself and bear the cost of the tax. Any refunds or adjustments to the F.E.T. in such cases belong to Vactor.
2100i
Quote Number:-2024-72270
Date:- 03-01-2024
Team Member :- John
Abramowski
Tel : -
PRODUCT IMPROVEMENTS: Vactor reserves the right to change manufacturing specifications and procedure in accordance with its product improvement policy.
MOUNTING PRICES: Mounting prices assume normally factory installation on a truck chassis suitable for the unit purchased. Relocation of batteries, fuel tanks, mufflers, air tanks, etc. will be an additional charge, billed at the standar d factory labor rate.
WARRANTY: Vactor warrants its products to be free from defects in material and workmanship for a period of 12 months, subject to the limitations and conditions set forth in its current published warranty. Other than those expressly stated herein. THERE ARE NOT OTHER WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, AND SPECIFICALLY
EXCLUDED BUT NOT BY WAY OF LIMITATION, ARE THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MECHANTABILITY.
IT IS UNDERSTOOD AND AGREED THE VACTOR'S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY
WARRANTY IN NEGLIGENCE OROTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE
PURCHASE PRICE PAID BY THE PURCHASER AND UNDER NO CIRCUMSTANCES SHALL VACTOR BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE PRICES STATED FOR THE EQUIPMENT IS A CONSIDERATION IN LIMITING VACTOR'S LIABILITY. NO ACTION REGARDLESS OF FORM,
ARISING OUT OF THE TRANSACTION OF THE AGREEMENT MAY BE BROUGHT BY PURCHASER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS OCCURRED.
VACTOR'S MAXIMUM LIABILITY SHALL NOT EXCEED AND BUYER'S REMEDY IS LIMITED TO EITHER (I) REPAIR
OR REPLACEMENT OF THE DEFECTIVE PART OF PRODUCT, OR AT VACTOR'S OPTION (II) RETURN OF THE
PRODUCT AND REFUND OF THE PURCHASE PRICE AND SUCH REMEDY SHALL BE BUYER'S ENTIRE ANDEXCLUSIVE REMEDY.
CHOICE OF LAW: These Terms and Conditions shall be construed according to the laws of the State of Illinois. Failure at any time by Vactor to exercise any of its rights under this agreement shall not constitute a waiver-thereof nor prejudice Vactor's right to enforce it thereafter.
COMPLETE AGREEMENT: These terms and conditions, contain the complete and final agreement between the parties hereto and no other agreement in any way modifying any of these terms and conditions will be binding on Vactor unless in writing and agreed to by an authorized representative of Vactor. All proposed terms included in Buyer's purchase order or other standard contracting documents are expressly rejected.
I agree with the above terms and conditions:
\s1___________________
2100i
Quote Number:-2024-72270
Date:- 03-01-2024
Team Member :- John
Abramowski
Tel : -
Date: _\d1______________
City Council Meeting Agenda Report Item # _____
Meeting Date: April 8, 2024
Subject: Authorize the City Manager or Designee to Execute a Contract with Plante Moran for Development of an Information Technology (IT) Master Plan R
ecommended Action
Staff recommends that the City Council authorize the City Manager or Designee to execute a contract with Plante & Moran, PLLC (Plante Moran), for development of an Information Technology (IT) Master Plan.
B
ackground
Over the past decade, the demand for technology has increased significantly in every industry and area of life. As such, demand for technology solutions to support City services has also increased.
To help meet these demands, Information Services staff have found innovative ways to provide technology solutions within available budgets. As a result, the community can reach staff by email, find information and report problems on our website, and renew their business license and register for recreation programs online. The technologies, infrastructure, and policies and procedures that support these solutions need to be kept up to date and modernized in order to ensure the safety of Personally Identifiable Information and the integrity of our internal network.
D
iscussion
The City developed the last IT Master Plan in 2002, and it was scheduled to be utilized only until 2004. To help identify and prioritize future technology investments, the City would like to contract with Plante Moran and use their experience and expertise to help research and develop a new and modernized IT Master Plan. Plante Moran was selected based on its existing knowledge of the City’s unique requirements and demonstrated experience performing similar projects with municipalities across California and the United States.
P
lante Moran will help the City develop a Five-Year IT Master Plan. The primary objective of this effort is to invest in a formalized and comprehensive IT Master Plan to ensure the protection of Daly City resources and customer and stakeholder interests; optimize technology; and, promote best business practices. Through a combination of surveys, interviews, and records research, it is anticipated that the IT Master Plan will identify and prioritize IT strategies, technology projects, protocols and procedures, and enhancements to cybersecurity and resiliency.
F
iscal Impact
The cost of the contract is $97,525. Adequate funding exists in the Information Services Division operating budget for this expenditure.
City Council Agenda Report
Subject: Authorize the City Manager or Designee to Execute a Contract with Plante Moran for Development of an Information Technology (IT) Master Plan
Summary/Conclusion
Staff recommends that the City Council authorize the City Manager or Designee to execute a contract with Plante Moran for development of an IT Master Plan. Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Matthew A. Juhl Timothy J. Nevin
Senior Application Analyst Director of Finance and
Information Services Division Administrative Services
1 PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF DALY CITY
AND PLANTE & MORAN, PLLC
THIS AGREEMENT is made at Daly City, California, effective _________ by and between the City of Daly City, a municipal corporation (“City”) and Plante & Moran, PLLC (“Contractor”), who agree as follows:
1. SERVICES. Subject to the terms and conditions set forth in the Agreement, Contractor shall provide Information Technology Assessment and Master Planning services to the City of Daly City and other associated entities, as set forth in Exhibit A, Scope of Work and herein incorporated to the Agreement by this reference.
2. PAYMENTS. City shall pay Contractor for services rendered pursuant to this Agreement in the proposed amount of $97,525 as listed in Exhibit B, Summary of Fees. Contractor shall submit all billings for said services to City and City agrees to make payment within 30 days of receipt of all undisputed invoices.
3. RELATIONSHIP OF THE PARTIES. Contractor agrees and understands that the work/services performed by Contractor under this Agreement are performed as an Independent Contractor and not as an employee of the City and that Contractor and Consultant acquire none of the rights, privileges, powers or advantages of City employees.
4. HOLD HARMLESS. It is agreed that Contractor shall defend, hold harmless, and indemnify the City, its officers, and employees from any and all claims, suits, or actions of every name, kind, and description, brought for, or on account of, injuries to or death of any person(s) or damage to property of any kind whatsoever and to whomsoever belong, to the extent caused by the negligence or willful misconduct of the Contractor, its officers and/or employees, other than Contractor, provided that this shall not apply to injuries for which City is liable by reason of its own negligence or willful misconduct.
In the event of concurrent negligence of the City, its officers and/or employees, Contractor, its officers and/or employees, to persons and/or property, which arise out of terms and conditions of this, Agreement shall be apportioned according to the California theory of comparative indemnity.
The duty to indemnify and save harmless as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
5. LIABILITY INSURANCE. The Contractor is liable for damage including negligence in the performance of this contract. Contractor agrees to maintain a policy of insurance in the minimum amount of $1 Million to cover any negligent acts or omissions committed by Contractor or Contractor’s employees or agents during the performance of any duties under this agreement. General liability insurance shall include endorsements that:
a. Identify the policy number;
b. Include a statement that “the City of Daly City, including its officer, employees and volunteers are additional insureds;
c. Include a statement that the insurance shall be primary. Contractor agrees that the insurance shall not be cancelled except upon prior written notice to Daly City (30 days prior); d. A CG 20 10 11 85 form is required;
e. Endorsements must be signed by the insurance company or broker, and provided to the City; f. Any deviations from the above insurance requirements must be approved by the City Attorney’s Office.
2 6. NON-ASSIGNABILITY. Contractor shall not assign this Agreement or any portion thereof to a third party without the prior written consent of City, and any attempted assignment without such prior written consent in violation of this section automatically shall terminate this Agreement.
7. TERMINATION OF AGREEMENT. Contractor or City may, at any time after ten days from execution of Agreement, terminate this Agreement, in whole or in part by giving thirty (30) days written notice specifying the effective date and scope of such termination. In the event of termination, and upon full payment for Contractor’s services, all finished or unfinished documents, data, studies, maps, photographs, reports and materials (hereafter referred to as materials) prepared by Contractor and intended for delivery to the City under this Agreement shall become the property of the City and shall be promptly delivered to the City. Upon termination, the Contractor may make and retain a copy of such materials. Contractor shall be entitled to receive payment for work / services provided prior to termination of the Agreement. Such payment shall be that portion of the full payment, which is determined by comparing the work / services completed to the work / services required by the Agreement.
8. COMPLIANCE WITH LAWS. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws codes, ordinances and regulations.
9. LICENSES. Contractor represents and warrants to the City that it has all licenses, permits, qualifications, insurance and approvals whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required to Contractor to practice its profession
10. NON-DISCRIMINATION. Contractor shall not discriminate, on the basis of a person’s race, ancestry, sex, creed, color, national origin, religion, age, political affiliation, marital status, medical condition, sexual orientation, or disability, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall apply with all applicable federal, state and local laws, policies, rules, and requirements related to equal opportunity and non-discrimination.
Contractor shall ensure full equal employment opportunity for all employees under this Agreement.
11. RETENTION OF RECORDS. Contractor shall maintain all required records for three years after the City makes final payment and all other pending matters are closed and shall be subject to the examination and/or audit of the City, a federal grantor agency, and the State of California.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered by the Finance Director (“Administrator”). All correspondence shall be directed to or through the Administrator or designee.
13. TERM OF AGREEMENT. This agreement shall commence on ______ and shall remain in effect until terminated or completion of the Scope of Work.
3 14. NOTICES. Any written notice to Contractor shall be sent to:
Mike Riffel
Partner
Plante & Moran, PLLC
P.O. Box 307
3000 Town Center, Suite 100
Southfield, MI 48075
Any written notice to City shall be sent to:
Timothy Nevin
Director of Finance and Administrative Services
City of Daly City
333 90
th Street
Daly City, CA 94015
15. GOVERNING LAW. This Contract and all interpretations thereof shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first above written.
Date: CITY OF DALY CITY, a municipal corporation
By:
Thomas J. Piccolotti
City Manager
Plante & Moran, PLLC
Date: By:
Mike Riffel
Partner
CITY OF DALY CITY, CA
Information Technology Assessment & Master
Planning Services Proposal
March 8, 2024
Matthew Juhl
333 90th Street
Daly City, CA 94015
Dear Matthew,
Thank you for the opportunity to submit a proposal for Information Technology Assessment & Master Planning services to the City Of Daly City (“the City”). We are excited for the opportunity to work with the City on this important initiative. We will assess the City’s current environment and develop an IT Master plan to guide the City’s long-term decision making, investment and resource allocations to position the City for success. Our team offers the following benefits:
National experience consulting with high performing municipalities: As one of the largest consulting and accounting firms in the U.S., we have extensive experience performing similar IT assessment and strategic planning projects for high-performing clients in the government industry. This includes numerous winners of Government Technology’s Digital Cities Award, including the City of Miami, FL; City of Long Beach, CA; City of Mesa, AZ; City of Independence, MO; City of Baton Rouge, LA; City of Fort Collins, CO; City of Roswell, GA; City of Columbia, MO.
Significant California experience: Our consulting team has worked with multiple organizations near Malibu and across California, which has lead to a deep understanding of the unique challenges faced by the City. This includes the City of Ontario, City of Long Beach, City of Irvine, City of Cupertino, City of San Mateo, City of Milpitas, City of Palm Desert, Monterey County, San Diego Association of Governments.
A comprehensive & proven methodology: We will holistically review your IT environment from the standpoint of people, process, and technology. By taking this broad view, we’ll uncover the risks and opportunities you need to know about, giving you and the City’s stakeholders peace of mind. Having conducted hundreds of assessments, our methodology been proven to deliver significant value to our clients.
IT benchmarking data and best practices: From our previous client experiences, we’ve developed a thorough understanding of IT trends and best practices, in addition to a rich repository of benchmarking data. We’re also continually researching innovative technologies, products, and solutions relevant to the government industry. This cumulative knowledge will inform our IT assessment report and IT master plan for the City.
We hope you find this proposal aligns with your needs and expectations. We look forward to collaborating with you and your team!
Sincerely,
Plante & Moran, PLLC
Mike Riffel, Partner
312-602-3539 | [email protected].
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 3 Scope of Services
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 4 Overview of our proposed methodology
We’ve refined and strengthened our assessment and technology planning methodology during our numerous client engagements over the past 30 years. Our methodology incorporates best practices from ITIL, COBIT, TOGAF, and other frameworks to deliver technical, schedule, and cost advantages, in alignment with our clients’ business objectives. We’re also continually updating our approach based on our new client projects and industry involvement.
To achieve the City’s objectives, a broad and comprehensive review of the IT environment from the standpoint of people, process, and technology is essential:
People.
Organization of the technology
support function, including
governance, organization
structure, user satisfaction, staff
development, etc.
Process.
Administration of technology, including
policies and procedures, technology
standards, service delivery, help desk
administration, network management,
software deployment, etc.
Technology.
Technologies and systems
used to accomplish current
objectives.
As shown below, the IT master plan is informed by the results of the IT assessment, as it relates to the organizational execution capabilities, current plans and initiatives, and overall performance and stakeholder satisfaction. Visioning sessions will identify goals, strategies, and priorities, which will be synthesized into an IT master plan that will guide the organization’s investments, decisions, and activities. The IT master plan will include a prioritized list of key initiatives to drive transformation and/or growth, as well as an actionable roadmap of projects.
Cybersecurity elements
Our assessments incorporate elements of cybersecurity to identify any additional protections and controls necessary to mitigate security risks and threats. Based on our understanding of your needs, there will be an emphasis on cybersecurity throughout the assessment. However, the cybersecurity review included in our proposal does not replace the need for comprehensive and periodic network vulnerability assessment and penetration testing.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 5 Project workplan
Our project will be divided into three major phases, with project monitoring throughout.
PHASE 1:
DISCOVERY
Objective: Review the City’s current IT organization, technology environment, products, services, staffing, processes, systems, etc. identified our statement of understanding on the following page.
Deliverables: Initial themes, preliminary findings and gaps, areas for improvement
PHASE 2:
ANALYSIS AND REPORTING
Objective: Perform a deeper analysis of the information gathered during Phase 1.
The findings and prioritized recommendations will be assembled into a report that will be reviewed with the City’s project team.
Deliverables: IT assessment report and presentation to leadership
PHASE 3:
TECHNOLOGY PLANNING
Objective: Using findings from Phases 1 and 2 to support the development of three-year technology plan, including IT goals, priorities, initiatives, and budgets to guide decision-making and achieve the desired future state.
Deliverables: Actionable 5-year technology master plan (roadmap)
THROUGHOUT THE PROJECT:
ONGOING PROJECT MANAGEMENT AND
MONITORING
From initiation to completion, our team will manage this project to ensure success for the City. This will include:
Project initiation activities, including a meeting with the City to introduce the project team and confirm project objectives, scope, deliverables, and timetables.
Development of a project organizational structure and detailed project plans.
Use of data collaboration tools.
Project status meetings (no more than once weekly).
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 6 Assessment scope
Our IT assessment methodology is designed to provide a broad and comprehensive view of your IT environment. This enables us to identify gaps and develop recommendations that not only address your identified objectives, but also provide a model for long-term success. The results of the IT assessment will inform the IT master plan. Below is an overview of the key areas and topics to be addressed:
People
Human capital
management
Organizational structure
Staffing levels
Departmental skillset
Competency
development
Succession planning
Strategic sourcing
Vendor &
contract management
Stakeholders
Stakeholders engagement
Customer satisfaction
Process
Strategy
IT mission, vision, values
Business context
Business alignment
Innovation
Project portfolio
management
Project management
Organizational change
management
Governance
Investment strategy
Enterprise architecture
Standards and policies
Service level agreements
Governance model
Risk management
Cybersecurity
management
Log collection & analysis
Security architecture
Information protection
Disaster recovery &
business continuity plans
Regulatory and compliance
obligations
Operations management
Asset lifecycle management
Performance & capacity
management
Configuration management
Change management
IT service management
Knowledge management
Software development
lifecycle
Technology
IT infrastructure
Structured cabling
Network
Servers & virtualization
Enterprise storage &
backup
Telecommunications
Specialized systems
Workforce enablement
Mobility
Remote access
Collaboration &
presentation solutions
Productivity solutions
Line‐of‐business
applications*
Business intelligence &
data
Data governance
Integrations
Analysis & reporting tools
*Will only be reviewed at a high level from a perspective of whether or not the systems are meeting departmental needs.
Bolded items are identified as priority areas in the assessment.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 7 Activities by phase
PHASE 1:
DISCOVERY
1. Collect and review documentation
Prior to our kick-off meeting (Step 2 below), we will provide the City with an information request list. We will review existing documentation to gain a comprehensive understanding of the City’s current technology environment. We anticipate requesting documents in the following categories. IT organization and staffing
Plans and budgets
Network and telecom
Server and storage environment
End-user environment
Applications
Policies and procedures
Cybersecurity
External support
Please note that we do not expect the City to create any documentation that does not already exist. For any of the areas where documentation does not exist, the pertinent information will be obtained during the interview process.
We will distribute technical survey tools to gather information on current technologies in use (network, servers, storage, backup, disaster recovery, end-user computing environment, applications), if necessary.
The tools will enable us to collect information in an efficient and consistent manner, to quickly compare the availability and use of technologies across the organization.
2. Conduct project kick‐off meeting
During this meeting, we will confirm the objectives, timing, and scope of the project, as well as the anticipated level of involvement from the City’s staff. We will discuss with you which the City team members should attend this session. We anticipate that the project kick-off and stakeholder interviews will occur at the same visit.
3. Conduct end‐user technology satisfaction survey
To assess the use of technologies and their functions, we will develop and administer an online end-user survey. We will gather meaningful opinions, comments, and feedback regarding the deployment, use, and effectiveness of technologies across the organization as well as the support function. Ideally, the survey would be administered to all stakeholders.
The survey questionnaire(s) will be reviewed with the City’s project team, refined as necessary, and prepared for distribution. When possible, we prefer to obtain preliminary results prior to our on-site
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 8 interviews, as information from the survey allows us to prompt and focus discussions with interview participants.
4. Conduct leadership and stakeholder interviews
We will meet with key stakeholder groups to understand the IT vision and expectations of IT and its technologies in support of that vision. The focus of these interviews is to identify the effectiveness of current IT operations, the ability to service and support current and future technical needs, and the overall use of technology at the organization. Interview topics will likely include:
The strengths and opportunities for
improvement of key enterprise systems and
other IT systems as applicable
Utilization of existing technologies
IT service delivery
Major IT initiatives, project prioritization,
and governance
Justification, approval process, and funding
for IT
Current and anticipated information and
technology needs over the next five years
We find that conducting these meetings without technology representatives present allows us to receive more candid feedback. We anticipate conducting up to 8 hours of interviews and will work with the City’s project team to schedule the interviews at a time that is mutually convenient.
5. Meet with IT staff
We will meet with individuals representing each area of IT. While we anticipate that many of the meetings will be group interviews, we will also meet separately with key IT personnel where necessary.
The topics of discussion will vary by group, with some overlap, but will likely include:
Organization structure, communication/working relationship IT roles, responsibilities, and resources/tools
Key technology functions, systems/applications usage and challenges Current and anticipated skills and professional development/training needs Current and anticipated IT needs over the next three to five years Policies and procedures related to administration and management of IT systems These meetings will complement and further clarify the information gathered using the survey instruments described above.
We anticipate conducting 8 hours of interviews and will work with your project team to schedule the interviews at a time that is mutually convenient. Please note that these interviews can be conducted either concurrently or separate from the stakeholder interviews.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 9
6. Assess technical environment
We will conduct a review of the existing technical environment at the City, focusing on the areas identified in the assessment overview section. We will meet with IT department staff and vendors who are responsible for administering and managing information technology systems and services.
The purpose of these meetings will be to review the operational, administrative, and technical aspects of the information technology systems and services provided by the information systems department. Key considerations of the technical assessment activity are:
Review of technology asset inventory and related warranty/maintenance agreements Evaluation of operational state, security, condition, and usable lifespan of technology components
Assessment of system architectures, redundancy, interoperability, and standardization Review of optimal system feature & functionality usage Assessment of technology administration, support, and maintenance strategy Components of the technical environment will be assessed as part of this interview process and a review of existing documentation. Where feasible, we will conduct these meetings simultaneously with the meetings with IT department staff detailed in the previous work-step. The findings from this phase will be documented and will serve to inform the subsequent phases.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 10
PHASE 2:
ANALYSIS AND RECOMMENDATIONS
1. Perform industry standard comparison
We will incorporate a review of the IT operations, resources, and technologies of the City against comparable organizations, industry standards, and best practices. For this purpose, we will use a variety of sources, including our own research and knowledge from similar work with other clients. We will focus on identifying specific areas of strength and opportunities for enhancement. The information obtained from this work step will be used to contrast and compare the effectiveness of the existing technology systems with current industry standards or other emerging technologies.
2. Conduct in‐depth analysis
We will further review and analyze the information gathered during the discovery phase (Phase 1, described above). At a minimum, the following information (data and observations) will be analyzed:
Documentation provided by the City
On-site meetings and interviews with leadership, stakeholders, and IT staff Survey results
Technologies in use, including systems architecture and methods for delivery of services Comparison to industry standards and best practices
3. Develop IT assessment report
Based on our findings, we will develop an IT assessment report that identifies areas of improvement for the City’s IT environment. The report will contain recommendations aligned with industry standards and best practices for each of the topical areas identified in the assessment overview section.
We anticipate the report will consist of the following sections, keeping in context the size and the nature of the organization:
Executive summary.
Description of the current state environment for key technology areas (previously noted) along with an analysis of where the current IT environment stands in relation to its ability to support the business needs and requirements articulated.
List of critical findings and recommended initiatives to address the gaps identified in the IT environment, ranked according to priority and effort, including an action plan to align the IT environment with the requirements and vision of the business.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 11 We will review the draft report with the City team and incorporate any revisions necessary as a result of those discussions into the final version. We will also deliver a high-level presentation of the report to the City’s leadership team, we expect this will be conducted remotely.
PHASE 3:
TECHNOLOGY PLANNING
1. Conduct technology planning workshop
The overall goal for implementing technology is not for the technology itself but rather to enhance existing business processes performed by IT and support for processes that are performed across the organization. As such, the goal in developing a technology plan is to provide a coordinated, planned approach towards the deployment of technology with the intention of supporting the goals of the City and improving the effectiveness of business processes. We will conduct a technology planning workshop (approximately 3 hours) with key City participants to identify the key goals and objectives for the technology master plan.
Our discussions will consider the following:
Alignment with industry standards for IT
operations
Expected future technology needs
Emerging technologies and trends
Productivity enhancement through
technology
Opportunities to achieve cost
reductions and/or reallocation
Projects and requirements,
including resource capacity, data
governance, security, etc.
Risks and mitigation strategies
Also, during this workshop, we will work closely with City leaders to develop criteria to objectively evaluate and prioritize technology projects. It is expected that these prioritization criteria will clearly reflect the linkage between City’s goals and objectives and IT initiatives.
2. Define technology needs
Based on the planning workshop and recommendations developed in the work step above, we will identify discrete technology projects and initiatives that should be undertaken by the City, which may include the following:
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 12 Assist in meeting organization-wide goals and
objectives.
Enhance service levels.
Satisfy the technology and business
requirements of key entities, internal users,
and departments.
Build the necessary support infrastructure to
administer the technology.
Result in the upgrade of current systems as
necessary.
Maintain data integrity, confidentiality and
redundancy.
Enhance data and network security.
Result in the implementation of new
hardware, software, and communications
equipment.
Enhance processes to reduce inefficiencies,
improve cost effectiveness, minimize paper
intensive tasks, and eliminate redundant data
entry.
Account for inter-technology compatibility
and data sharing.
Reduce dependency on outdated equipment
and software.
Based on the defined prioritization criteria and the projects identified in the previous work step, we will work with the City’s project team to classify each project as a high, medium, or low priority. We will develop a preliminary implementation plan with budgetary estimates and timelines for each project, which we will then review and finalize with the project team.
3. Develop and present the technology master plan
We will develop a draft technology plan that outlines the priority, sequencing and timing of the technology initiatives identified over a five-year time horizon to guide future planning and allocation of financial and personnel resources.
The technology master plan will consider the following aspects:
Key objectives to be accomplished across the duration of the planning period. A set of well-defined, prioritized projects to satisfy the identified needs of key stakeholders, in alignment with the plan’s objectives.
The implementation, training, support resources, and technical skills required of IT staff and outside technical assistance for new and enhanced technologies.
We will review the draft technology plan document with the project team and make any modifications necessary as a result of this meeting. Once feedback is received from the project team, we will incorporate any changes and finalize the master plan.
We will present the final technology master plan and associated recommendations to an audience of the City’s choosing, typically the project team, executive management, and/or key stakeholders. We anticipate a single meeting conducted remotely using video conferencing technologies.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 13
PHASE 4:
PROJECT EXECUTION ASSISTANCE
1. Assist with identified projects
Based on the projects identified in the phase above, Plante Moran will be available to assist with execution of activities. While we anticipate this project assistance will initially consist of IT policy development, the City is welcome to use the budgeted hours for other activities of its choosing.
With respect to IT policy development, we will create draft policies for the areas identified by the City.
We will utilize our experience with similarly size governmental entities to inform the creation of these policies, in terms of scope and complexity. In the interest of efficiency, we will utilize publicly available best practice templates (e.g., SANS Institute) and/or peer institution policies as a starting point for the development of the policies. We assume the City will assist Plante Moran in obtaining peer institution policies if necessary. The City will “own” the policy documents and will be able to treat them as living documents, making updates going forward as City policy may evolve. It will be the City’s responsibility to formally approve and enforce the policies.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 14 Your project team
With over 3,800 staff members, we have a deep bench of resources to support the City’s project. Our staffing approach is designed to ensure the right subject matter experts are assigned based on the unique needs of the City. The Plante Moran project team members proposed below for this project were selected for their experience with:
Clients in the state of California
Experience working with the City
Government technology operations
Technology strategic planning experience
Project staff Project role and responsibility
Mike Riffel, CGCIO Engagement Partner
Mike will have overall responsibility for all Plante Moran services. He will provide project quality control over Plante Moran deliverables and services as well as insight on IT staffing, management, governance, support, and overall organizational assessment Brian Pesis Project Director
Brian will provide strategic oversight of the project throughout its duration, ensuring the deliverables are meeting the City’s needs and the team is performing as expected.
Additionally, Brian will lead the stakeholder/department interview process for our team. As part of this, he will provide subject matter expertise gained from numerous municipal and public sector clients in California and across the country.
Jacinto Cordero Project Manager
Jacinto will have responsibility for managing the entire workplan, deliverables, and day‐to‐ day project activities. Also responsible for risk and issue management and main point of contact for project communications with the City. He will coordinate stakeholder interviews and IT interviews and participate in select stakeholder and IT interviews. He will also coordinate and facilitate the visioning workshop.
Dan Queck
Manager
Technical Lead
Dan will be responsible for leading the interviews with IT staff. He will assist with the development of the IT assessment report and IT master plan as it pertains to information technology best practices.
Nina Rajcevic
Manager
Functional Lead
Nina will participate in the stakeholder/department interview process for our team. As part of this, she will provide government subject matter expertise gained from numerous California and national municipal technology projects to support the project, as well as assisting in developing the assessment and plan deliverables.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 15 Cost proposal
Our proposed fees represent our best estimate for providing seamless service now, and in the future. Any services provided outside of the scope of this proposal will be discussed and determined before any billing takes place. We are proposing the fee schedule below for the activities detailed in this proposal:
Implementation services Fees
IT Assessment and Master Plan (PM and Phases 1-3) $69,025
Travel costs (6 trips at $2,000 per trip) $12,000
Project execution assistance
Estimated at 60 hours to be used by request
$16,500
Total $97,525
Timeline
We anticipate phase 1-3 of the engagement will be completed in approximately 16-20 weeks of the kick- off meeting and is predicated on the availability and responsiveness of the City’s staff. The schedule for phase 4 activities will be mutually established between the City and our project team. A detailed schedule with specific dates for the project activities and milestones will be established during the project kick-off and initiation activities.
Fee assumptions
Our fees are based upon the assumptions listed below. Should these assumptions change, we would adjust our professional fees accordingly, in consultation with the City.
Project Resources and Governance
1. This professional services fee is predicated on the division of roles and responsibilities between the City and Plante Moran staff.
2. The City will assign a project manager that will work directly with Plante Moran staff.
3. Project status meetings will be conducted remotely and occur no more than once weekly with the City’s project manager.
4. Client data and information will be provided to Plante Moran in a reasonable format and timeframe requested.
5. City staff are available for interviews and focus groups as scheduled by Plante Moran and the City’s project manager.
6. There will be a single draft-to-final process for each deliverable.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 16
7. The City will have ten working days or other number of days as mutually agreed to in the project schedule to approve or provide comments on all interim, draft, and final deliverables; all resulting delays may affect project schedule and fees.
8. All project activities progress according to the final accepted, detailed project plan and schedule.
Service Delivery
9. All of the project activities will be performed remotely, with the exception of the following activities that we anticipate will be performed onsite: Stakeholder interviews, IT staff interviews, Visioning workshop
(1) The City reserves the right to request on-site activities. Should any travel be agreed upon by Plante Moran’ and the City’s project managers, travel fees and expenses will be invoiced to the City at a rate of $2,500 per person per week. These additional travel costs will be over and above the fees/amounts listed in our professional services fees table. (2) All on-site work activity will be confirmed at least two weeks prior to the agreed upon travel date; any travel change fees incurred after such date will be expensed to the City. (3) All on-site work will occur between Tuesday and Thursday unless an alternative working schedule is mutually agreed.
10. It is our practice to bill monthly for fees incurred in the prior month.
11. Our proposed services for project management and phases 1-3 are proposed as a total not-to- exceed amount based on the assumptions above.
12. Our proposed services for phase 4 will be billed as incurred at the City’s request.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 17
Mike Riffel
Engagement Partner
312‐602‐3539
[email protected]
We look forward to working with you.
Please contact us with any questions.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 15 Cost proposal
Our proposed fees represent our best estimate for providing seamless service now, and in the future. Any services provided outside of the scope of this proposal will be discussed and determined before any billing takes place. We are proposing the fee schedule below for the activities detailed in this proposal:
Implementation services Fees
IT Assessment and Master Plan (PM and Phases 1-3) $69,025
Travel costs (6 trips at $2,000 per trip) $12,000
Project execution assistance
Estimated at 60 hours to be used by request
$16,500
Total $97,525
Timeline
We anticipate phase 1-3 of the engagement will be completed in approximately 16-20 weeks of the kick- off meeting and is predicated on the availability and responsiveness of the City’s staff. The schedule for phase 4 activities will be mutually established between the City and our project team. A detailed schedule with specific dates for the project activities and milestones will be established during the project kick-off and initiation activities.
Fee assumptions
Our fees are based upon the assumptions listed below. Should these assumptions change, we would adjust our professional fees accordingly, in consultation with the City.
Project Resources and Governance
1. This professional services fee is predicated on the division of roles and responsibilities between the City and Plante Moran staff.
2. The City will assign a project manager that will work directly with Plante Moran staff.
3. Project status meetings will be conducted remotely and occur no more than once weekly with the City’s project manager.
4. Client data and information will be provided to Plante Moran in a reasonable format and timeframe requested.
5. City staff are available for interviews and focus groups as scheduled by Plante Moran and the City’s project manager.
6. There will be a single draft-to-final process for each deliverable.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 16
7. The City will have ten working days or other number of days as mutually agreed to in the project schedule to approve or provide comments on all interim, draft, and final deliverables; all resulting delays may affect project schedule and fees.
8. All project activities progress according to the final accepted, detailed project plan and schedule.
Service Delivery
9. All of the project activities will be performed remotely, with the exception of the following activities that we anticipate will be performed onsite: Stakeholder interviews, IT staff interviews, Visioning workshop
(1) The City reserves the right to request on-site activities. Should any travel be agreed upon by Plante Moran’ and the City’s project managers, travel fees and expenses will be invoiced to the City at a rate of $2,500 per person per week. These additional travel costs will be over and above the fees/amounts listed in our professional services fees table. (2) All on-site work activity will be confirmed at least two weeks prior to the agreed upon travel date; any travel change fees incurred after such date will be expensed to the City. (3) All on-site work will occur between Tuesday and Thursday unless an alternative working schedule is mutually agreed.
10. It is our practice to bill monthly for fees incurred in the prior month.
11. Our proposed services for project management and phases 1-3 are proposed as a total not-to- exceed amount based on the assumptions above.
12. Our proposed services for phase 4 will be billed as incurred at the City’s request.
CITY OF DALY CITY, CA
Information Technology Assessment & Master
Planning Services Proposal
March 8, 2024
Matthew Juhl
333 90th Street
Daly City, CA 94015
Dear Matthew,
Thank you for the opportunity to submit a proposal for Information Technology Assessment & Master Planning services to the City Of Daly City (“the City”). We are excited for the opportunity to work with the City on this important initiative. We will assess the City’s current environment and develop an IT Master plan to guide the City’s long-term decision making, investment and resource allocations to position the City for success. Our team offers the following benefits:
National experience consulting with high performing municipalities: As one of the largest consulting and accounting firms in the U.S., we have extensive experience performing similar IT assessment and strategic planning projects for high-performing clients in the government industry. This includes numerous winners of Government Technology’s Digital Cities Award, including the City of Miami, FL; City of Long Beach, CA; City of Mesa, AZ; City of Independence, MO; City of Baton Rouge, LA; City of Fort Collins, CO; City of Roswell, GA; City of Columbia, MO.
Significant California experience: Our consulting team has worked with multiple organizations near Malibu and across California, which has lead to a deep understanding of the unique challenges faced by the City. This includes the City of Ontario, City of Long Beach, City of Irvine, City of Cupertino, City of San Mateo, City of Milpitas, City of Palm Desert, Monterey County, San Diego Association of Governments.
A comprehensive & proven methodology: We will holistically review your IT environment from the standpoint of people, process, and technology. By taking this broad view, we’ll uncover the risks and opportunities you need to know about, giving you and the City’s stakeholders peace of mind. Having conducted hundreds of assessments, our methodology been proven to deliver significant value to our clients.
IT benchmarking data and best practices: From our previous client experiences, we’ve developed a thorough understanding of IT trends and best practices, in addition to a rich repository of benchmarking data. We’re also continually researching innovative technologies, products, and solutions relevant to the government industry. This cumulative knowledge will inform our IT assessment report and IT master plan for the City.
We hope you find this proposal aligns with your needs and expectations. We look forward to collaborating with you and your team!
Sincerely,
Plante & Moran, PLLC
Mike Riffel, Partner
312-602-3539 | [email protected].
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 3 Scope of Services
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 4 Overview of our proposed methodology
We’ve refined and strengthened our assessment and technology planning methodology during our numerous client engagements over the past 30 years. Our methodology incorporates best practices from ITIL, COBIT, TOGAF, and other frameworks to deliver technical, schedule, and cost advantages, in alignment with our clients’ business objectives. We’re also continually updating our approach based on our new client projects and industry involvement.
To achieve the City’s objectives, a broad and comprehensive review of the IT environment from the standpoint of people, process, and technology is essential:
People.
Organization of the technology
support function, including
governance, organization
structure, user satisfaction, staff
development, etc.
Process.
Administration of technology, including
policies and procedures, technology
standards, service delivery, help desk
administration, network management,
software deployment, etc.
Technology.
Technologies and systems
used to accomplish current
objectives.
As shown below, the IT master plan is informed by the results of the IT assessment, as it relates to the organizational execution capabilities, current plans and initiatives, and overall performance and stakeholder satisfaction. Visioning sessions will identify goals, strategies, and priorities, which will be synthesized into an IT master plan that will guide the organization’s investments, decisions, and activities. The IT master plan will include a prioritized list of key initiatives to drive transformation and/or growth, as well as an actionable roadmap of projects.
Cybersecurity elements
Our assessments incorporate elements of cybersecurity to identify any additional protections and controls necessary to mitigate security risks and threats. Based on our understanding of your needs, there will be an emphasis on cybersecurity throughout the assessment. However, the cybersecurity review included in our proposal does not replace the need for comprehensive and periodic network vulnerability assessment and penetration testing.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 5 Project workplan
Our project will be divided into three major phases, with project monitoring throughout.
PHASE 1:
DISCOVERY
Objective: Review the City’s current IT organization, technology environment, products, services, staffing, processes, systems, etc. identified our statement of understanding on the following page.
Deliverables: Initial themes, preliminary findings and gaps, areas for improvement
PHASE 2:
ANALYSIS AND REPORTING
Objective: Perform a deeper analysis of the information gathered during Phase 1.
The findings and prioritized recommendations will be assembled into a report that will be reviewed with the City’s project team.
Deliverables: IT assessment report and presentation to leadership
PHASE 3:
TECHNOLOGY PLANNING
Objective: Using findings from Phases 1 and 2 to support the development of three-year technology plan, including IT goals, priorities, initiatives, and budgets to guide decision-making and achieve the desired future state.
Deliverables: Actionable 5-year technology master plan (roadmap)
THROUGHOUT THE PROJECT:
ONGOING PROJECT MANAGEMENT AND
MONITORING
From initiation to completion, our team will manage this project to ensure success for the City. This will include:
Project initiation activities, including a meeting with the City to introduce the project team and confirm project objectives, scope, deliverables, and timetables.
Development of a project organizational structure and detailed project plans.
Use of data collaboration tools.
Project status meetings (no more than once weekly).
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 6 Assessment scope
Our IT assessment methodology is designed to provide a broad and comprehensive view of your IT environment. This enables us to identify gaps and develop recommendations that not only address your identified objectives, but also provide a model for long-term success. The results of the IT assessment will inform the IT master plan. Below is an overview of the key areas and topics to be addressed:
People
Human capital
management
Organizational structure
Staffing levels
Departmental skillset
Competency
development
Succession planning
Strategic sourcing
Vendor &
contract management
Stakeholders
Stakeholders engagement
Customer satisfaction
Process
Strategy
IT mission, vision, values
Business context
Business alignment
Innovation
Project portfolio
management
Project management
Organizational change
management
Governance
Investment strategy
Enterprise architecture
Standards and policies
Service level agreements
Governance model
Risk management
Cybersecurity
management
Log collection & analysis
Security architecture
Information protection
Disaster recovery &
business continuity plans
Regulatory and compliance
obligations
Operations management
Asset lifecycle management
Performance & capacity
management
Configuration management
Change management
IT service management
Knowledge management
Software development
lifecycle
Technology
IT infrastructure
Structured cabling
Network
Servers & virtualization
Enterprise storage &
backup
Telecommunications
Specialized systems
Workforce enablement
Mobility
Remote access
Collaboration &
presentation solutions
Productivity solutions
Line‐of‐business
applications*
Business intelligence &
data
Data governance
Integrations
Analysis & reporting tools
*Will only be reviewed at a high level from a perspective of whether or not the systems are meeting departmental needs.
Bolded items are identified as priority areas in the assessment.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 7 Activities by phase
PHASE 1:
DISCOVERY
1. Collect and review documentation
Prior to our kick-off meeting (Step 2 below), we will provide the City with an information request list. We will review existing documentation to gain a comprehensive understanding of the City’s current technology environment. We anticipate requesting documents in the following categories. IT organization and staffing
Plans and budgets
Network and telecom
Server and storage environment
End-user environment
Applications
Policies and procedures
Cybersecurity
External support
Please note that we do not expect the City to create any documentation that does not already exist. For any of the areas where documentation does not exist, the pertinent information will be obtained during the interview process.
We will distribute technical survey tools to gather information on current technologies in use (network, servers, storage, backup, disaster recovery, end-user computing environment, applications), if necessary.
The tools will enable us to collect information in an efficient and consistent manner, to quickly compare the availability and use of technologies across the organization.
2. Conduct project kick‐off meeting
During this meeting, we will confirm the objectives, timing, and scope of the project, as well as the anticipated level of involvement from the City’s staff. We will discuss with you which the City team members should attend this session. We anticipate that the project kick-off and stakeholder interviews will occur at the same visit.
3. Conduct end‐user technology satisfaction survey
To assess the use of technologies and their functions, we will develop and administer an online end-user survey. We will gather meaningful opinions, comments, and feedback regarding the deployment, use, and effectiveness of technologies across the organization as well as the support function. Ideally, the survey would be administered to all stakeholders.
The survey questionnaire(s) will be reviewed with the City’s project team, refined as necessary, and prepared for distribution. When possible, we prefer to obtain preliminary results prior to our on-site
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 8 interviews, as information from the survey allows us to prompt and focus discussions with interview participants.
4. Conduct leadership and stakeholder interviews
We will meet with key stakeholder groups to understand the IT vision and expectations of IT and its technologies in support of that vision. The focus of these interviews is to identify the effectiveness of current IT operations, the ability to service and support current and future technical needs, and the overall use of technology at the organization. Interview topics will likely include:
The strengths and opportunities for
improvement of key enterprise systems and
other IT systems as applicable
Utilization of existing technologies
IT service delivery
Major IT initiatives, project prioritization,
and governance
Justification, approval process, and funding
for IT
Current and anticipated information and
technology needs over the next five years
We find that conducting these meetings without technology representatives present allows us to receive more candid feedback. We anticipate conducting up to 8 hours of interviews and will work with the City’s project team to schedule the interviews at a time that is mutually convenient.
5. Meet with IT staff
We will meet with individuals representing each area of IT. While we anticipate that many of the meetings will be group interviews, we will also meet separately with key IT personnel where necessary.
The topics of discussion will vary by group, with some overlap, but will likely include:
Organization structure, communication/working relationship IT roles, responsibilities, and resources/tools
Key technology functions, systems/applications usage and challenges Current and anticipated skills and professional development/training needs Current and anticipated IT needs over the next three to five years Policies and procedures related to administration and management of IT systems These meetings will complement and further clarify the information gathered using the survey instruments described above.
We anticipate conducting 8 hours of interviews and will work with your project team to schedule the interviews at a time that is mutually convenient. Please note that these interviews can be conducted either concurrently or separate from the stakeholder interviews.
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City of Daly City, CA PLANTE MORAN | 9
6. Assess technical environment
We will conduct a review of the existing technical environment at the City, focusing on the areas identified in the assessment overview section. We will meet with IT department staff and vendors who are responsible for administering and managing information technology systems and services.
The purpose of these meetings will be to review the operational, administrative, and technical aspects of the information technology systems and services provided by the information systems department. Key considerations of the technical assessment activity are:
Review of technology asset inventory and related warranty/maintenance agreements Evaluation of operational state, security, condition, and usable lifespan of technology components
Assessment of system architectures, redundancy, interoperability, and standardization Review of optimal system feature & functionality usage Assessment of technology administration, support, and maintenance strategy Components of the technical environment will be assessed as part of this interview process and a review of existing documentation. Where feasible, we will conduct these meetings simultaneously with the meetings with IT department staff detailed in the previous work-step. The findings from this phase will be documented and will serve to inform the subsequent phases.
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PHASE 2:
ANALYSIS AND RECOMMENDATIONS
1. Perform industry standard comparison
We will incorporate a review of the IT operations, resources, and technologies of the City against comparable organizations, industry standards, and best practices. For this purpose, we will use a variety of sources, including our own research and knowledge from similar work with other clients. We will focus on identifying specific areas of strength and opportunities for enhancement. The information obtained from this work step will be used to contrast and compare the effectiveness of the existing technology systems with current industry standards or other emerging technologies.
2. Conduct in‐depth analysis
We will further review and analyze the information gathered during the discovery phase (Phase 1, described above). At a minimum, the following information (data and observations) will be analyzed:
Documentation provided by the City
On-site meetings and interviews with leadership, stakeholders, and IT staff Survey results
Technologies in use, including systems architecture and methods for delivery of services Comparison to industry standards and best practices
3. Develop IT assessment report
Based on our findings, we will develop an IT assessment report that identifies areas of improvement for the City’s IT environment. The report will contain recommendations aligned with industry standards and best practices for each of the topical areas identified in the assessment overview section.
We anticipate the report will consist of the following sections, keeping in context the size and the nature of the organization:
Executive summary.
Description of the current state environment for key technology areas (previously noted) along with an analysis of where the current IT environment stands in relation to its ability to support the business needs and requirements articulated.
List of critical findings and recommended initiatives to address the gaps identified in the IT environment, ranked according to priority and effort, including an action plan to align the IT environment with the requirements and vision of the business.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 11 We will review the draft report with the City team and incorporate any revisions necessary as a result of those discussions into the final version. We will also deliver a high-level presentation of the report to the City’s leadership team, we expect this will be conducted remotely.
PHASE 3:
TECHNOLOGY PLANNING
1. Conduct technology planning workshop
The overall goal for implementing technology is not for the technology itself but rather to enhance existing business processes performed by IT and support for processes that are performed across the organization. As such, the goal in developing a technology plan is to provide a coordinated, planned approach towards the deployment of technology with the intention of supporting the goals of the City and improving the effectiveness of business processes. We will conduct a technology planning workshop (approximately 3 hours) with key City participants to identify the key goals and objectives for the technology master plan.
Our discussions will consider the following:
Alignment with industry standards for IT
operations
Expected future technology needs
Emerging technologies and trends
Productivity enhancement through
technology
Opportunities to achieve cost
reductions and/or reallocation
Projects and requirements,
including resource capacity, data
governance, security, etc.
Risks and mitigation strategies
Also, during this workshop, we will work closely with City leaders to develop criteria to objectively evaluate and prioritize technology projects. It is expected that these prioritization criteria will clearly reflect the linkage between City’s goals and objectives and IT initiatives.
2. Define technology needs
Based on the planning workshop and recommendations developed in the work step above, we will identify discrete technology projects and initiatives that should be undertaken by the City, which may include the following:
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 12 Assist in meeting organization-wide goals and
objectives.
Enhance service levels.
Satisfy the technology and business
requirements of key entities, internal users,
and departments.
Build the necessary support infrastructure to
administer the technology.
Result in the upgrade of current systems as
necessary.
Maintain data integrity, confidentiality and
redundancy.
Enhance data and network security.
Result in the implementation of new
hardware, software, and communications
equipment.
Enhance processes to reduce inefficiencies,
improve cost effectiveness, minimize paper
intensive tasks, and eliminate redundant data
entry.
Account for inter-technology compatibility
and data sharing.
Reduce dependency on outdated equipment
and software.
Based on the defined prioritization criteria and the projects identified in the previous work step, we will work with the City’s project team to classify each project as a high, medium, or low priority. We will develop a preliminary implementation plan with budgetary estimates and timelines for each project, which we will then review and finalize with the project team.
3. Develop and present the technology master plan
We will develop a draft technology plan that outlines the priority, sequencing and timing of the technology initiatives identified over a five-year time horizon to guide future planning and allocation of financial and personnel resources.
The technology master plan will consider the following aspects:
Key objectives to be accomplished across the duration of the planning period. A set of well-defined, prioritized projects to satisfy the identified needs of key stakeholders, in alignment with the plan’s objectives.
The implementation, training, support resources, and technical skills required of IT staff and outside technical assistance for new and enhanced technologies.
We will review the draft technology plan document with the project team and make any modifications necessary as a result of this meeting. Once feedback is received from the project team, we will incorporate any changes and finalize the master plan.
We will present the final technology master plan and associated recommendations to an audience of the City’s choosing, typically the project team, executive management, and/or key stakeholders. We anticipate a single meeting conducted remotely using video conferencing technologies.
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City of Daly City, CA PLANTE MORAN | 13
PHASE 4:
PROJECT EXECUTION ASSISTANCE
1. Assist with identified projects
Based on the projects identified in the phase above, Plante Moran will be available to assist with execution of activities. While we anticipate this project assistance will initially consist of IT policy development, the City is welcome to use the budgeted hours for other activities of its choosing.
With respect to IT policy development, we will create draft policies for the areas identified by the City.
We will utilize our experience with similarly size governmental entities to inform the creation of these policies, in terms of scope and complexity. In the interest of efficiency, we will utilize publicly available best practice templates (e.g., SANS Institute) and/or peer institution policies as a starting point for the development of the policies. We assume the City will assist Plante Moran in obtaining peer institution policies if necessary. The City will “own” the policy documents and will be able to treat them as living documents, making updates going forward as City policy may evolve. It will be the City’s responsibility to formally approve and enforce the policies.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 14 Your project team
With over 3,800 staff members, we have a deep bench of resources to support the City’s project. Our staffing approach is designed to ensure the right subject matter experts are assigned based on the unique needs of the City. The Plante Moran project team members proposed below for this project were selected for their experience with:
Clients in the state of California
Experience working with the City
Government technology operations
Technology strategic planning experience
Project staff Project role and responsibility
Mike Riffel, CGCIO Engagement Partner
Mike will have overall responsibility for all Plante Moran services. He will provide project quality control over Plante Moran deliverables and services as well as insight on IT staffing, management, governance, support, and overall organizational assessment Brian Pesis Project Director
Brian will provide strategic oversight of the project throughout its duration, ensuring the deliverables are meeting the City’s needs and the team is performing as expected.
Additionally, Brian will lead the stakeholder/department interview process for our team. As part of this, he will provide subject matter expertise gained from numerous municipal and public sector clients in California and across the country.
Jacinto Cordero Project Manager
Jacinto will have responsibility for managing the entire workplan, deliverables, and day‐to‐ day project activities. Also responsible for risk and issue management and main point of contact for project communications with the City. He will coordinate stakeholder interviews and IT interviews and participate in select stakeholder and IT interviews. He will also coordinate and facilitate the visioning workshop.
Dan Queck
Manager
Technical Lead
Dan will be responsible for leading the interviews with IT staff. He will assist with the development of the IT assessment report and IT master plan as it pertains to information technology best practices.
Nina Rajcevic
Manager
Functional Lead
Nina will participate in the stakeholder/department interview process for our team. As part of this, she will provide government subject matter expertise gained from numerous California and national municipal technology projects to support the project, as well as assisting in developing the assessment and plan deliverables.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 15 Cost proposal
Our proposed fees represent our best estimate for providing seamless service now, and in the future. Any services provided outside of the scope of this proposal will be discussed and determined before any billing takes place. We are proposing the fee schedule below for the activities detailed in this proposal:
Implementation services Fees
IT Assessment and Master Plan (PM and Phases 1-3) $69,025
Travel costs (6 trips at $2,000 per trip) $12,000
Project execution assistance
Estimated at 60 hours to be used by request
$16,500
Total $97,525
Timeline
We anticipate phase 1-3 of the engagement will be completed in approximately 16-20 weeks of the kick- off meeting and is predicated on the availability and responsiveness of the City’s staff. The schedule for phase 4 activities will be mutually established between the City and our project team. A detailed schedule with specific dates for the project activities and milestones will be established during the project kick-off and initiation activities.
Fee assumptions
Our fees are based upon the assumptions listed below. Should these assumptions change, we would adjust our professional fees accordingly, in consultation with the City.
Project Resources and Governance
1. This professional services fee is predicated on the division of roles and responsibilities between the City and Plante Moran staff.
2. The City will assign a project manager that will work directly with Plante Moran staff.
3. Project status meetings will be conducted remotely and occur no more than once weekly with the City’s project manager.
4. Client data and information will be provided to Plante Moran in a reasonable format and timeframe requested.
5. City staff are available for interviews and focus groups as scheduled by Plante Moran and the City’s project manager.
6. There will be a single draft-to-final process for each deliverable.
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City of Daly City, CA PLANTE MORAN | 16
7. The City will have ten working days or other number of days as mutually agreed to in the project schedule to approve or provide comments on all interim, draft, and final deliverables; all resulting delays may affect project schedule and fees.
8. All project activities progress according to the final accepted, detailed project plan and schedule.
Service Delivery
9. All of the project activities will be performed remotely, with the exception of the following activities that we anticipate will be performed onsite: Stakeholder interviews, IT staff interviews, Visioning workshop
(1) The City reserves the right to request on-site activities. Should any travel be agreed upon by Plante Moran’ and the City’s project managers, travel fees and expenses will be invoiced to the City at a rate of $2,500 per person per week. These additional travel costs will be over and above the fees/amounts listed in our professional services fees table. (2) All on-site work activity will be confirmed at least two weeks prior to the agreed upon travel date; any travel change fees incurred after such date will be expensed to the City. (3) All on-site work will occur between Tuesday and Thursday unless an alternative working schedule is mutually agreed.
10. It is our practice to bill monthly for fees incurred in the prior month.
11. Our proposed services for project management and phases 1-3 are proposed as a total not-to- exceed amount based on the assumptions above.
12. Our proposed services for phase 4 will be billed as incurred at the City’s request.
IT Assessment and Master Plan Services
City of Daly City, CA PLANTE MORAN | 17
Mike Riffel
Engagement Partner
312‐602‐3539
[email protected]
We look forward to working with you.
Please contact us with any questions.
City Council Agenda ReportItem # _____
Meeting Date: April 8, 2024
Subject: Set Time and Place of Public Hearing – Proposed Increases and Updates to the Master Fee Schedule
Recommended Action
It is recommended that the City Council set the time and place for a public hearing on May 13, 2024, at 7:00 pm to review Proposed Increases and Updates to the Master Fee Schedule.
Background
At its meeting on July 11, 2022, the City Council reviewed the Daly City User Fee Study and adopted an updated Daly City Master Fee Schedule. At that meeting, staff recommended that the City Council review the Master Fee Schedule and any proposed increases and updates to the Schedule on an annual basis. The public hearing proposed for May 13, 2024, is to approve the recommended FY 2025 Master Fee Schedule increases and updates.
Discussion
Staff recommends that the City Council approve increases and updates to the Master Fee Schedule at the City Council meeting on May 13, 2024. Copies of the proposed fee increases will be available for public inspection beginning Friday, April 12, 2024, on the City’s website at www.dalycity.org.
Appropriate notice will be posted by the Department of Finance and Administrative Services regarding the availability of the documentation.
Staff is available to provide any additional information desired by the Mayor or City Councilmembers.
Respectfully submitted,
Timothy J. Nevin
Director of Finance and
Administrative Services
City Council Agenda ReportItem # _____
Meeting Date: April, 8 2024
Subject: Authorize an Agreement with Tyler Technologies, Inc. for their Tyler EERP Software and Implementation Services; authorize an amendment to the agreement with Plante Moran for project management services; and authorize one new FTE in the Information Services Division to support ongoing system implementation.
Recommended Action
Staff recommends that the City Council:
1) Award an agreement to Tyler Technologies, Inc. for software subscription, training, and implementation services related to the City’s new enterprise resources planning (ERP) system in the amount of $2,880,740;
2) Amend the agreement with Plante Moran to provide project management services for an additional amount of $490,000, or a new total not to exceed $654,175; 3) Authorize the City Manager to execute all necessary agreements related to the ERP project; 4) Authorize one (1) new Information Services Manager position (Miscellaneous/ Unrepresented) in the Information Services Division and reassign it from Range U101 to Range U107 to support ongoing system implementation; and 5) Adopt a resolution to approve a new capital improvement project in the Information Services fund (Fund 55) and appropriate $2,030,990 to the Tyler ERP Implementation project.
Background
The City of Daly City currently uses Finance Enterprise by Central Square as its financial and human resources management or ERP software. The system manages several areas for the City including accounts payable, accounts receivable, budgeting, general ledger and project accounting, payroll, and purchasing. The City transitioned to Finance Enterprise when the vendor for its legacy ERP system, IFAS, discontinued support for the older system and recommended their upgraded, cloud-based platform. Although staff had been working on the upgrade for a while, the Department did not go live with the new system until April 2021. Unfortunately, the transition did not go well, and staff has been managing issues and errors with the new platform since that initial go live date. Finance and Information Services staff continue to work with Central Square to try to fix issues with the system.
However, staff realized that Finance Enterprise was not the ERP system to create greater efficiencies for Daly City in the long run.
The City contracted with Plante Moran to assist in developing the Request for Proposal (RFP) for a new ERP system and selecting the new product. As part of this process, the City created a Steering Committee, made up of department heads from various departments, to help oversee the process and a Selection Committee, made up of ERP users from various departments, to help select the final product. Under the guidance of these two committees, the City worked with Plante Moran to conduct needs assessment interviews with subject matter experts from every City department to help identify opportunities for improvement to business processes and make recommendations around the City’s ERP needs. The findings from the ERP Needs Assessment and Gap Analysis Report provided by Plante Moran helped shape the next stage of the process, the development of the RFP.
City Council Agenda Report
Subject: Authorize an Agreement with Tyler Technologies, Inc. for their Tyler EERP Software and Implementation Services; authorize an amendment to the agreement with Plante Moran for project management services; and authorize one new FTE in the Information Services Division to support ongoing system implementation Meeting Date: April, 8 2024
Plante Moran assisted the City with development of the RFP to solicit responses from vendors that provide ERP implementation services and solutions for organizations similar in size to Daly City.
The RFP was issued on February 28, 2023 with a submittal deadline of April 4. The RFP was posted on the City’s website and sent directly to vendors in this market area. The City provided a window for vendors to submit questions, facilitated a pre-bid meeting, and issued an RFP addendum to respond to questions. The City received five responses to the RFP as noted in Table A below.
Table A – Initial Vendor Proposals
Software Implementor
Oracle Forsys, Inc.
SAP Business ByDesign & PDS Univerus
Tyler EERP Tyler Technologies
Workday Avaap Solutions
Workday Collaborative Solutions
In April 2023, the Selection Committee began reviewing each proposal, supported by comparison data prepared by Plante Moran. Following an initial review of the proposals, a facilitated four-hour online demonstration by four of the five vendors, and reference checks, the Selection Committee chose to shortlist two vendors who they invited for on-site demonstrations. City staff coordinated with Tyler Technologies (EERP) and Collaborative Solutions (Workday) to demonstrate their products to the Selection Committee and other city staff during these three-day software demonstrations. Following these demonstrations, the Selection Committee completed additional reference checks and conducted on-site and online visits with cities utilizing the two software products. Based on the information gathered, the Selection Committee conducted their final ranking and notified Tyler Technologies that they were the preferred vendor. Staff began contract negotiations with Tyler in December 2023. After several conversations with staff from Tyler Technologies and Plante Moran, the project management team and the City Attorney’s office have agreed to the attached agreement with Tyler Technologies (Attachment A).
Discussion
The agreement with Tyler Technologies includes a software subscription for Tyler EERP for an initial five-year term and implementations services for approximately 26 months. The City has selected a phased approach for the software implementation with the core financial modules scheduled as the first phase and the payroll and human resources modules scheduled as the second phase. The first phase is scheduled to begin in April with a go-live in July 2025 and the second phase is scheduled to begin in January 2025 with a scheduled go-live in January 2026. Once both phases have gone live, the City anticipates seeing greater efficiencies in many areas such as accounts payable, payroll, and human resources management.
City Council Agenda Report
Subject: Authorize an Agreement with Tyler Technologies, Inc. for their Tyler EERP Software and Implementation Services; authorize an amendment to the agreement with Plante Moran for project management services; and authorize one new FTE in the Information Services Division to support ongoing system implementation Meeting Date: April, 8 2024
A substantial number of resources are required to ensure that the new ERP software is implemented correctly within the proposed timeline and budget. While completing reference checks and vendor research, the Selection Committee learned from other cities that having sufficient resources was critical to successful project implementation. Outside agencies mentioned having sufficient technology and implementation staff, project management resources, and backfill for current staff working on the project as especially important. The project management team has addressed these needs by allocating additional resources in these areas.
City staff recommends amending the current contract with Plante Moran to add ERP project management and implementation services, as included in Attachment B. Plante Moran staff familiar with the City and its ERP needs will staff the project and help keep both the vendor and internal project staff on task and on schedule. Additionally, staff recommends reinstating the Information Services Manager position at this time to assist with this and other project implementations and updating its salary to current market conditions by reassigning it from Range U101 to Range U107 of the Miscellaneous/Unrepresented salary schedule. During the process of identifying a new vendor for the City’s ERP system, City staff recognized that at least 1 new FTE was needed in the Information Services Division to support the expansion of technology throughout the organization.
The Information Services Manager position appeared to be the right position given the City’s current needs in technology and strategic technology planning. Finally, some additional hourly staff hours have been included in the FY 2025 operating budget request to provide backfill to Finance and Human Resources staff during the ERP implementation process.
Fiscal Impact
A summary of the ongoing and one-time costs associated with the ERP Implementation project are included in Table B.
Table B – Summary of ERP Ongoing and One-Time Costs
Annual Operating
Costs
One-Time Costs
(Est. over 2 years)
Tyler Technologies EERP Agreement $267,950 $1,540,990
Plante Moran Agreement Amendment $0 $490,000
Information Services Manager FTE $337,000 $0
Total $604,950 $2,030,990
The agreement with Tyler Technologies includes both a five-year software subscription and implementation services for the initial installation of the product. The five years of software subscription payments total $1,339,750 and equal $267,950 annually. This funding has been included in the FY 2025 Information Services fund (Fund 55) operating budget request where it will be budgeted going forward. This budget currently has the annual funding for the ongoing software subscription for Central Square’s Finance Enterprise ($171,000), which will go away
City Council Agenda Report
Subject: Authorize an Agreement with Tyler Technologies, Inc. for their Tyler EERP Software and Implementation Services; authorize an amendment to the agreement with Plante Moran for project management services; and authorize one new FTE in the Information Services Division to support ongoing system implementation Meeting Date: April, 8 2024
once the Tyler implementation is complete. The remaining portion of the Tyler Technologies award, $1,540,990, is for Tyler’s implementation services related to new ERP system. The funding for this portion of the project will come from the Fund 55 fund balance and be appropriated in the capital project Tyler ERP Implementation.
The amendment with Plante Moran for ERP implementation services will cost approximately $490,000 over the estimated two years of the project. The funding will be appropriated from Fund 55 and placed in the capital project Tyler ERP Implementation.
The new Information Services Manager position is estimated to cost $337,000 in FY 2025 and will be funded from Fund 55 going forward. Fund 55 currently has a sufficient fund balance to support these recommended appropriations.
Summary/Conclusion
Staff recommends that the City Council:
1) Award an agreement to Tyler Technologies, Inc. for software subscription, training, and implementation services related to the City’s new enterprise resources planning (ERP) system in the amount of $2,880,740;
2) Amend the agreement with Plante Moran to provide project management services for an additional amount of $490,000, or a new total not to exceed $654,175; 3) Authorize the City Manager to execute all necessary agreements related to the ERP project; 4) Authorize one (1) new Information Services Manager position (Miscellaneous/ Unrepresented) in the Information Services Division and reassign it from Range U101 to Range U107 to support ongoing system implementation; and 5) Adopt a resolution to approve a new capital improvement project in the Information Services fund (Fund 55) and appropriate $2,030,990 to the Tyler ERP Implementation project.
Staff is available to provide any additional information desired by the Mayor or City Councilmembers.
Respectfully submitted,
S. Abby Veeser Timothy J. Nevin
Assistant Director Director
Finance and Administrative Services Finance and Administrative Services
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;
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 Service 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 City of Daly City, 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 users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated 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.
2 • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
• “Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
• “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.
• “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E.
• “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 SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
• “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 Products or other parties’ products or services, as applicable, and attached or indicated at 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,
3 as further described in Section C(9). Furthermore, your consultants, contractors, and business partners may access the Tyler Software and Documentation under your direction to the extent required for them to provide services to you. Any such use by, or disclosure to, said third parties is strictly subject to the terms and conditions of this Agreement. The City shall be liable for any failure of any third party to which the City provides access to the Tyler Software or Documentation to abide by all applicable terms and conditions of this Agreement. To the extent that disclosure of the Tyler Software or Documentation is necessary to facilitate integration between any third party software and the Tyler Software, the City will provide notice to Tyler of the City’s intent to disclose the Tyler Software or Documentation and Tyler shall have a right to require any such third party to sign a nondisclosure agreement (“NDA”) with Tyler in the event an NDA is reasonably required for Tyler to protect its intellectual property rights in the Tyler Software and Documentation. Such NDA will include provisions making that third party liable to Tyler for any failure to abide the terms and conditions of the NDA. 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 with the overage(s).
3. Ownership.
3.1 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.
3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.
3.3 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.
4. 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.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the
4 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.
6. Functionality Replacement. For a period of five (5) years beginning on the first day of the first month forty-five (45) days from the Effective Date, if a new release of the Tyler Software included within scope as of the Effective Date removes functionality that was provided to you as part of the original implementation, we will provide alternative means for performing the same function, at no additional cost to you beyond payment of the annual SaaS Fees.
7. SaaS Services.
7.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. 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. The scope of audit coverage varies for some Tyler Software solutions. 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. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center.
7.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center physically located within the continental United States. Tyler will not transfer Client Data outside territorial limits of the United States of America without prior permission from Client. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.
7.3 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 of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.
7.4 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.
5 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.
7.5 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.
7.6 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.
7.7 We provide secure Data transmission paths between each of your workstations and our servers.
7.8 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.
7.9 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
1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary and described in the Statement of Work.
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 based on the scope of the project as of the Effective Date and are payable in accordance with our Invoicing and Payment Policy. We will bill you the actual fees incurred based on the in-scope services provided to you, up to the maximum amounts set forth in the Investment Summary. This not to exceed commitment is contingent on your timely meeting of your overall agreed upon obligations under this Agreement. 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, as set forth in the Investment Summary.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, 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
6 change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for sixty (60) days from the date of the quote.
4. Assignment and Removal of Staff. After the Effective Date, and in coordination with the project kick-off activities identified in the Statement of Work, we will make our project staffing assignments.
Upon request, we will provide you with project resumes, demonstrating relevant past project experience, for project team members that are allocated for onsite services on the project. We agree to maintain an adequate staff of experienced and qualified employees for efficient and timely performance of implementation services under this Agreement.
Once our project team is assembled and your counterparts have been identified, both parties agree that, except for reasons outside of their control, they will not remove staff and personnel from their assigned project roles without reasonable advance notice of fifteen (15) business days and good cause, and that they will work together to mitigate project impacts after any such removal. The parties will also work together to manage the project impact resulting from the temporary unavailability of project staff from either party. We agree to use commercially reasonable efforts to maintain consistency of project personnel and commit to replacement resources having sufficient project knowledge, without additional cost to you, in order to render services in accordance with contractual requirements.
In the event Tyler personnel is/are not providing services consistent with our services warranty or are otherwise negatively impacting the project, you will notify us of that deficiency and give us a reasonable opportunity to correct it. In the event the deficiency persists, we will replace that project member, upon written request. At no cost to the Client, Tyler will use best efforts to identify replacement staff within ten (10) business days, and replacement staff will otherwise be assigned following the same processes set forth above and shall have, at minimum, sufficient experience and project knowledge to provide the services required pursuant to this Agreement. Client and Tyler agree to reasonably cooperate in the event of a change in personnel, including managing the effect upon the timelines and milestones set forth in the SOW and any project plans. If the replacement personnel is providing services onsite, you shall remain liable for travel expenses incurred by such personnel, to be invoiced in accordance with the Business Travel Policy.
5. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (b) any non-refundable travel expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event you cancel within four (4) weeks of scheduled commitments.
6. 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.
7. 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.
8. Background Checks. For at least the past twelve (12) years, all of our employees have undergone
7 criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
9. 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).
10. 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:
10.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
10.2 provide support during our established support hours;
10.3 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;
10.4 make available to you all 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
10.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable 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;
8 (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.
11. Compliance with Rules and Regulations. We agree that all persons working for or on behalf of us whose duties bring them upon your premises shall obey the rules and regulations that are established by you and shall comply with the reasonable directions of your representatives in accordance with such rules and regulations. You may, at any time and solely to protect your safety and property due to the unique circumstances on the City’s property, require the removal and replacement of any of our employees if such employee disregards your policies, rules, and regulations. Any employee involved in egregious or unlawful misconduct while on Client premises shall be subject to immediate removal by the Client or local law enforcement.
12. C
ompliance with Federal and State Laws. Tyler, in the provision of software and services pursuant to this Agreement, shall comply with all laws, rules and regulations applicable to our performance under this Agreement in effect as of the Effective Date and those that may become effective thereafter; the software, services, and fees set forth in the Investment Summary account for the entirety of our compliance efforts based on the mutually agreed scope of the project.
13. Pr
oject Schedule. Unless otherwise agreed to by the parties, within thirty (30) business days of the Phase initiation call, and if all black-out dates have been provided, we will deliver to you a full project schedule for the phase that details all in scope sessions through go-live. Once the schedule has been approved, we will provide a Project Plan. The Project Plan will be in sufficient detail to specify the installation, conversion, training, testing, acceptance, and live operation activities for each phase, including the planned phase go-live date. The parties understand and agree that the Project Plan(s) may be modified, as necessary, by mutual agreement and in accordance with the processes set forth in the Statement of Work.
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 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
9 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 thirty (30) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is equal to five (5) years, commencing on the first day of the first month forty-five (45) days from the Effective Date, 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, 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
10 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.
3. Return of Client Data. In the event of termination of the Agreement, and upon reasonable advance notice, Tyler shall promptly make all Data available to you in the format of the database or other such format as may be mutually agreed upon, provided through Tyler’s FTP server or such other secure method reasonably selected by Tyler. Such Data will be provided at no additional cost.
4. Disentanglement. In connection with the termination of this Agreement for any reason, and only upon the execution of a mutually agreed change order or addendum, Tyler shall use commercially reasonable efforts to accomplish an adequate and timely transition from Tyler to the Client, or to any replacement providers designated by the Client (a “Disentanglement”). The parties shall reasonably cooperate in good faith during Disentanglement. Client shall reimburse Tyler for Disentanglement services provided by Tyler at Tyler’s then-current rates, plus reasonable costs, and expenses, as set forth in the parties’ executed change order or addendum.
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.
11 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software 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 (a) 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. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
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), TWO TIMES (2X) 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).
12 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.
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 thirty-six (36) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those thirty-six (36) 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 thirty-six (36) 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 fifteen (15) business 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 shall 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
13 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 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 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 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. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will
15 provide an estimate of what those costs will be upon your request.
19. 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.
20. 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.
21. 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.
22. 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.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
24. 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
Exhibit E Statement of Work
16 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 Daly City, California
By: By:
Name: N ame:
Title: Ti
tle:
Date: D
ate:
Address for Notices:
Address for Notices:
Tyler Technologies, Inc. City of Daly City
One Tyler Drive 333 90th Street
Yarmouth, ME 04096 Daly City, California 94015-1808
Attention: Chief Legal Officer Attention: ______________________________
Rob Kennedy-Jensen
Group General Counsel
3/18/2024
Exhibit A
1 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, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2023-390936-S4K0P0 Page 1
Quoted By: Jennifer Wahlbrink
Quote Expiration: 03/31/24
Quote Name: City of Daly City-EERP
Quote Description: 3-11-24 City of Daly City, CA v.5 -
NTE Service Proposal
Saas Term 5.00
Sales Quotation For: Shipping Address:
City of Daly City
333 90th St
Daly City CA 94015-1808
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting 1 512 $ 69,205.00
Accounts Payable 1 144 $ 19,455.00
Budgeting 1 184 $ 19,455.00
Capital Assets 1 220 $ 17,841.00
Cash Management 1 144 $ 13,391.00
Contract Management 1 112 $ 8,326.00
Project & Grant Accounting 1 184 $ 12,039.00
Purchasing 1 512 $ 32,101.00
Human Resources Management
Employee Expense Reimbursement 1 120 $ 7,121.00
Human Resources & Talent Management 1 224 $ 5,939.00
Payroll with Employee Access 1 400 $ 8,736.00
Recruiting 1 52 $ 1,462.00
Time & Attendance w Mobile Access - Up to 750 Employees 1 292 $ 16,100.00
2023-390936-S4K0P0 Page 2
Revenue Management
Accounts Receivable 1 332 $ 15,570.00
General Billing 1 184 $ 8,288.00
Content Management
Content Manager Core includes Onboarding 1 104 $ 23,080.00 Data Insights
Enterprise Analytics and Reporting w Executive Insights 1 240 $ 28,480.00 Additional
ACFR Statement Builder 1 52 $ 9,617.00
Enterprise Forms Processing Software (including Common Form Set) 1 0 $ 10,562.00 Sub-Total: $ 326,768.00
Less Discount: $ 58,818.00
TOTAL 4012 $ 267,950.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance 25% of Dedicated Project Manager (Monthly) 26 $ 8,800.00 $ 0.00 $ 228,800.00 $ 0.00 Applicant Tracking Import Hours 20 $ 200.00 $ 0.00 $ 4,000.00 $ 0.00 Capital Assets Import Hours 24 $ 200.00 $ 0.00 $ 4,800.00 $ 0.00 Cashiering Implementation w/ EERP Hours - On-site 72 $ 225.00 $ 0.00 $ 16,200.00 $ 0.00 City Contingency Hours - Remote 160 $ 200.00 $ 0.00 $ 32,000.00 $ 0.00 COA Import Hours 20 $ 200.00 $ 0.00 $ 4,000.00 $ 0.00
Executive Insights Implementation 1 $ 10,500.00 $ 0.00 $ 10,500.00 $ 0.00 Not To Exceed Contingency Hours- remote 864 $ 200.00 $ 0.00 $ 172,800.00 $ 0.00 P-Card Import Format 1 $ 5,500.00 $ 0.00 $ 5,500.00 $ 0.00 Payroll Accruals Import Hours 20 $ 200.00 $ 0.00 $ 4,000.00 $ 0.00 Payroll Deductions Import Hours 24 $ 200.00 $ 0.00 $ 4,800.00 $ 0.00 Phase 1 End User Training Hours - On-site 64 $ 225.00 $ 0.00 $ 14,400.00 $ 0.00 Phase 1 End User Training Hours - remote 32 $ 200.00 $ 0.00 $ 6,400.00 $ 0.00 Phase 2 End User Training Hours - On-site 64 $ 225.00 $ 0.00 $ 14,400.00 $ 0.00
2023-390936-S4K0P0 Page 3
Phase 2 End User Training Hours - remote 32 $ 200.00 $ 0.00 $ 6,400.00 $ 0.00 Position Control Import Hours 28 $ 200.00 $ 0.00 $ 5,600.00 $ 0.00 Report Development Assistance Hours- remote 160 $ 200.00 $ 0.00 $ 32,000.00 $ 0.00 State Retirement Tables Import Hours 20 $ 200.00 $ 0.00 $ 4,000.00 $ 0.00 Conversions – See Detailed Breakdown Below $ 68,500.00 $ 0.00 Onsite Implementation 1024 $ 225.00 $ 0.00 $ 230,400.00 $ 0.00 Remote Implementation 2988 $ 200.00 $ 0.00 $ 597,600.00 $ 0.00 TOTAL $ 1,467,100.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 267,950.00
Total Tyler Services $ 1,467,100.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 1,467,100.00 $ 267,950.00
Contract Total $ 2,806,850.00
Estimated Travel Expenses excl in Contract
Total $ 73,890.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
2023-390936-S4K0P0 Page 4
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Financials
Accounting 1 $ 9,500.00 $ 0.00 $ 9,500.00
Accounts Payable 1 $ 14,700.00 $ 0.00 $ 14,700.00
Project Accounting 1 $ 9,500.00 $ 0.00 $ 9,500.00
Purchase Orders 1 $ 8,000.00 $ 0.00 $ 8,000.00
Human Resources Management
Human Resources Management 1 $ 14,300.00 $ 0.00 $ 14,300.00 Revenue Management
General Billing 1 $ 12,500.00 $ 0.00 $ 12,500.00
TOTAL $ 68,500.00
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Assets Mobile 1 24 $ 3,768.00
Bid Management 1 112 $ 8,449.00
eProcurement (Vendor Access and Punch-Out) 1 92 $ 13,650.00 Performance Based Budgeting 1 440 $ 23,522.00
Human Resources Management
Advanced Scheduling w Mobile Access - Up to 350 Employees 1 132 $ 10,978.00 Revenue Management
Cashiering 1 132 $ 22,459.00
Civic Services
My Civic 1 160 $ 13,000.00
Data Insights
Capital Projects Explorer 1 0 $ 13,000.00
Open Finance 1 0 $ 24,700.00
2023-390936-S4K0P0 Page 5
Integrations
API Toolkit Bundle 1 80 $ 23,265.00
SnapLogic - Up to 5 Integrations 1 1664 $ 2,600.00
TOTAL: 2836 $ 159,391.00
Optional Professional Services
Description Quantity Unit Price Ext. Discount Extended Price Maintenance Install Fee - Capital Projects Explorer 1 $ 4,200.00 $ 0.00 $ 4,200.00 $ 0.00 Install Fee - Open Finance 1 $ 7,000.00 $ 0.00 $ 7,000.00 $ 0.00 Onsite Implementation 720 $ 225.00 $ 0.00 $ 162,000.00 $ 0.00 Remote Implementation 2116 $ 200.00 $ 0.00 $ 423,200.00 $ 0.00 TOTAL $ 596,400.00 $ 0.00
Optional 3rd Party Hardware, Software and Services
Description Qty Unit Price
Unit
Discount
Total Price
Unit
Maint/SaaS
Unit
Maint/SaaS
Discount
Total
Maint/SaaS
Barcode Printer Kit 1 $ 1,445.00 $ 0.00 $ 1,445.00 $ 145.00 $ 0.00 $ 145.00 Barcode Scanner - NX6 Rugged Mobile Scanning
Device 1 $ 1,695.00 $ 0.00 $ 1,695.00 $ 170.00 $ 0.00 $ 170.00 Cash Drawer 1 $ 260.00 $ 0.00 $ 260.00 $ 0.00 $ 0.00 $ 0.00 Hand Held Scanner - Model 1950GSR 1 $ 450.00 $ 0.00 $ 450.00 $ 0.00 $ 0.00 $ 0.00 Hand Held Scanner Stand 1 $ 30.00 $ 0.00 $ 30.00 $ 0.00 $ 0.00 $ 0.00 Pattern Stream Automated Document System -
Implementation 80 $ 185.00 $ 0.00 $ 14,800.00 $ 0.00 $ 0.00 $ 0.00 Pattern Stream Automated Document System -
SaaS 1 $ 0.00 $ 0.00 $ 0.00 $ 26,505.00 $ 0.00 $ 26,505.00 Printer (TM-S9000II) 1 $ 1,623.00 $ 0.00 $ 1,623.00 $ 0.00 $ 0.00 $ 0.00
2023-390936-S4K0P0 Page 6
TOTAL $ 20,303.00 $ 26,820.00
Tyler Annual Discount Detail (Excludes Optional Products) Description Annual Fee
Annual Fee
Discount Annual Fee Net
Financial Management
Accounting $ 69,205.00 $ 12,457.00 $ 56,748.00
Accounts Payable $ 19,455.00 $ 3,502.00 $ 15,953.00
Budgeting $ 19,455.00 $ 3,502.00 $ 15,953.00
Capital Assets $ 17,841.00 $ 3,211.00 $ 14,630.00
Cash Management $ 13,391.00 $ 2,410.00 $ 10,981.00
Contract Management $ 8,326.00 $ 1,499.00 $ 6,827.00
Project & Grant Accounting $ 12,039.00 $ 2,167.00 $ 9,872.00 Purchasing $ 32,101.00 $ 5,778.00 $ 26,323.00
Human Resources Management
Employee Expense Reimbursement $ 7,121.00 $ 1,282.00 $ 5,839.00 Human Resources & Talent Management $ 5,939.00 $ 1,069.00 $ 4,870.00 Payroll with Employee Access $ 8,736.00 $ 1,572.00 $ 7,164.00 Recruiting $ 1,462.00 $ 263.00 $ 1,199.00
Time & Attendance w Mobile Access - Up to 750 Employees $ 16,100.00 $ 2,898.00 $ 13,202.00 Revenue Management
Accounts Receivable $ 15,570.00 $ 2,803.00 $ 12,767.00
General Billing $ 8,288.00 $ 1,492.00 $ 6,796.00
Content Management
Content Manager Core includes Onboarding $ 23,080.00 $ 4,154.00 $ 18,926.00 Data Insights
Enterprise Analytics and Reporting w Executive Insights $ 28,480.00 $ 5,127.00 $ 23,353.00 Additional
ACFR Statement Builder $ 9,617.00 $ 1,731.00 $ 7,886.00 Enterprise Forms Processing Software (including Common
Form Set) $ 10,562.00 $ 1,901.00 $ 8,661.00
2023-390936-S4K0P0 Page 7
TOTAL $ 326,768.00 $ 58,818.00 $ 267,950.00
Comments
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
The Implementation Hours included in this quote assume a work split effort of 50% Client and 50% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 20 people per class. In the event that more than 20 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train- the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
As a new Tyler client, you are entitled to a 14-day or a 30-day trial of the Managed Detection and Response cybersecurity service. Please reference https://www.tylertech.com/services/tyler-detect for more information on the service and contact [email protected] to initiate the trial.
Tyler currently supports the following identity providers (IdP's) for use with Tyler back-office solutions: Microsoft Active Directory through Azure AD, ADFS or Okta AD agent, Google Cloud Identity, Okta, and Identity Automation Rapid Identity. Any requirement by you to use an IdP not supported by Tyler will require additional costs, available upon request.
Content Manager Core includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.
2023-390936-S4K0P0 Page 8
The SaaS fees for product that are not named users are based on 150 concurrent users. Should the number of concurrent users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories.
All hardware related to Assets Mobile and Inventory Mobile will be under a standard maintenance plan which starts when they are shipped. This includes replacement of your current hardware if it cannot be fixed through the standard helpdesk process.
General Billing conversion includes: Standard - CID, Recurring Invoices, Bills(Header, Detail), Payment History, Invoices - up to 5 years Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 1099INT, 1099S, 1099NEC and 1099G.
General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.
Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.
Each API Toolkit or Connector comes with 8 free hours of API Development Consulting hours. Each API Bundle comes with 16 free API Development Consulting hours. Additional hours can be purchased beyond this standard offering.
Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights SaaS Services, or certain Tyler solutions which include Tyler’s Data & Insights data platform, are subject to the Terms of Services, available at https://www.tylertech.com/terms/data-insights-saas-services- terms-of-service. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
Accounting conversion includes: Actuals (total balances only) up to 5 years, Budgets (total balances only) up to 5 years Accounts Payable conversion includes: Standard - Vendors, Remit Addresses, 1099 Amounts, Check History(Header, Detail) - up to 5 years, Invoices (Header, Detail) - up to 5 years
Human Resources Management conversion includes: Standard - Employee Master, Address, Accumulators (Earnings & Deduction totals by period) - up to 5 years, Check History - up to 5 years, Earning/Deduction History - up to 5 years, PM Action History - up to 5 years, Certifications, Education
Project Accounting conversion includes: Standard, Actuals - up to 5 years, Budgets - up to 5 years
2023-390936-S4K0P0 Page 9
Purchase Orders conversion includes: Standard - Open POs, Closed POs - up to 5 years In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non-Tyler applications, Client must purchase or upgrade to Content Manager Enterprise Edition.
Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.
Exhibit B
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. During the initial term, SaaS Fees are invoiced in accordance with the payment schedule below, beginning on the commencement of the initial term as set furth 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 invoiced annually in advance on each anniversary of June 1 and will be at our then-current rates.
Payment Date SaaS Fees
6/1/24 $60,941.57
9/1/24 $60,941.57
12/1/24 $66,987.69
3/1/25 $66,987.69
6/1/25 $267,950.00
6/1/26 $267,950.00
6/1/27 $267,950.00
6/1/28 $267,950.00
2. Other Tyler Software and Services.
2.1 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. Hours invoiced may not exceed the budgeted hours by phase represented in the project plan without an approved change order. The foregoing notwithstanding, the Client may retain twenty percent (20%) of the implementation and other professional fees, with such retention to be paid upon the acceptance of each Phase as defined in the Statement of Work.
2.2 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.
2.3 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
Exhibit B
2 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.
2.4 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. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
3. Third Party Products and Hardware.
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 fee for the Third Party Software is invoiced when we make it available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at then- current rates, upon each anniversary thereof.
3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 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. For the avoidance of doubt, Finite Matters will invoice Client directly for any services fees for Pattern Stream.
3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. 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. Our current Business Travel Policy is attached to this Exhibit B as 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 available by contacting [email protected].
Exhibit B
Schedule 1
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.
Exhibit B
Schedule 1
2 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.
Exhibit B
Schedule 1
3 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.
Exhibit B
Schedule 1
4 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.
Exhibit C
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 . This SLA does not apply to any Third Party SaaS Services. 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.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
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 Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.
III. Service Availability
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 case number. b. Our Responsibilities
Exhibit C
2 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 Planned Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us 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.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months and only for such consecutive months.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 99.70% Remedial action will be taken
99.69% - 98.50% 2% of SaaS Fees paid for applicable month
98.49% - 97.50% 4% of SaaS Fees paid for applicable month
97.49% - 96.50% 6% of SaaS Fees paid for applicable month
96.49% - 95.50% 8% of SaaS Fees paid for applicable month Below 95.50% 10% of SaaS Fees paid for applicable month
* Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.
IV. Maintenance Notifications
We perform Standard 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.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.
Exhibit C
Schedule 1
1 Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configuration- based questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support.
* Channel availability may be limited for certain applications.
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, documentation, and other
information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7.
(3) 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. (4) Tyler University – online training courses on Tyler products.
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). Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.
New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting
Exhibit C
Schedule 1
2 support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client will reasonably set 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 response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated the reported Defect/support incident.
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 incident. Once the incident has been confirmed,
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.
Exhibit C
Schedule 1
3 Priority
Level Characteristics of Support Incident Resolution Targets* 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 incident. Once the incident has been confirmed,
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 incident. Once the incident has been confirmed,
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, which shall
occur at least quarterly. For non-hosted customers,
Tyler’s responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
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 of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need
Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system 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.
Exhibit D
1 Exhibit D
Third Party Terms
Pattern Stream Terms. Your use of Pattern Stream software and services is subject to the terms found here: https://www.tylertech.com/terms/finite-matters-ltd-consolidated-terms. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Pattern Stream software or services, you agree that you have read, understood, and agree to such terms.
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found here:
https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.
DocOrigin Terms. Your use of Tyler Forms so�ware and forms is subject to the DocOrigin End User License Agreement available for download here: htps://eclipsecorp.us/eula/. By signing a Tyler Agreement or Order Form including Tyler forms so�ware or forms, or accessing, installing, or using Tyler Forms so�ware or forms, you agree that you have read, understood, and agree to such terms.
Exhibit E
1 Exhibit E
Statement of Work
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
City of Daly City, CA
SOW from Tyler Technologies, Inc.
12/4/2023
Presented to:
City of Daly City
333 90th St
Daly City, CA 94015-1808
Contact:
Katharina Howard
Email: [email protected]
1 Tyler Drive, Yarmouth, Maine 04096
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Table of Contents
PART 1: EXECUTIVE SUMMARY ............................................................................................................... 1 Project Overview ............................................................................................................................. 1 Introduction ........................................................................................................................................ 1 Project Goals ....................................................................................................................................... 1 Methodology ....................................................................................................................................... 1 PART 2: PROJECT FOUNDATION ............................................................................................................. 4 Project Governance ......................................................................................................................... 4 Project Scope Control ...................................................................................................................... 5 Managing Scope and Project Change ................................................................................................. 5 Change Control ................................................................................................................................... 5 Change Request Management ............................................................................................................ 5 Acceptance Process ......................................................................................................................... 7 Roles and Responsibilities ................................................................................................................ 7 Tyler Roles & Responsibilities ............................................................................................................. 7 Tyler Executive Manager ............................................................................................................. 8 Tyler Implementation Manager .................................................................................................. 8 Tyler Project Manager ................................................................................................................. 8 Tyler Implementation Consultant ............................................................................................... 9 Tyler Sales ................................................................................................................................. 10 Tyler Technical Services ............................................................................................................ 10 Daly City Roles & Responsibilities ..................................................................................................... 10 Daly City Executive Sponsor ...................................................................................................... 10 Daly City Steering Committee ................................................................................................... 10 Daly City Project Manager ........................................................................................................ 11 Daly City Functional Leads ........................................................................................................ 12 Daly City Power Users ............................................................................................................... 13 Daly City End Users ................................................................................................................... 13 Daly City Technical Lead ............................................................................................................ 13 Daly City Change Management Lead ........................................................................................ 14 PART 3: PROJECT PLAN ........................................................................................................................... 15 Project Stages ................................................................................................................................. 15 Initiate and Plan ................................................................................................................................ 16 Initial Coordination ................................................................................................................... 16 Project/Phase Planning ............................................................................................................. 17 Infrastructure Planning ............................................................................................................. 18
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Stakeholder Meeting ................................................................................................................. 19 Intentionally left blank. ............................................................................................................. 20 Control Point 1: Initiate & Plan Stage Acceptance .................................................................... 20 Assess & Define ................................................................................................................................. 20 Solution Orientation.................................................................................................................. 20 Current & Future State Analysis ................................................................................................ 21 Data Assessment ....................................................................................................................... 22 Conversion Assessment ............................................................................................................ 24 Intentionally left blank. ............................................................................................................. 25 Intentionally left blank. ............................................................................................................. 25 Control Point 2: Assess & Define Stage Acceptance ................................................................. 25 Prepare Solution ............................................................................................................................... 25 Initial System Deployment ........................................................................................................ 25 Configuration ............................................................................................................................ 26 Process Refinement .................................................................................................................. 27 Conversion Delivery .................................................................................................................. 29 Intentionally left blank. ............................................................................................................. 31 Intentionally left blank. ............................................................................................................. 31 Control Point 3: Prepare Solution Stage Acceptance ................................................................ 31 Production Readiness ....................................................................................................................... 31 Solution Validation .................................................................................................................... 31 Go-Live Readiness ..................................................................................................................... 32 End User Training ...................................................................................................................... 33 Control Point 4: Production Readiness Stage Acceptance ........................................................ 34 Production ......................................................................................................................................... 35 Go-Live ...................................................................................................................................... 35 Transition to Client Services ...................................................................................................... 36 Post Go-Live Activities ............................................................................................................... 37 Control Point 5: Production Stage Acceptance ......................................................................... 38 Close .................................................................................................................................................. 38 Phase Closeout .......................................................................................................................... 39 Project Closeout ........................................................................................................................ 40 Control Point 6: Close Stage Acceptance .................................................................................. 41 General Assumptions ...................................................................................................................... 41 Project ............................................................................................................................................... 41 Organizational Change Management ............................................................................................... 42 Resources and Scheduling ................................................................................................................ 42 Data ................................................................................................................................................... 42 Facilities............................................................................................................................................. 43 Glossary ......................................................................................................................................... 44 PART 4: APPENDICES ............................................................................................................................... 47 Conversion ..................................................................................................................................... 47
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Enterprise ERP Conversion Summary ............................................................................................... 47 Accounting ................................................................................................................................ 47 Accounts Payable ...................................................................................................................... 47 Contracts ....................................................................................... Error! Bookmark not defined.
Project Accounting .................................................................................................................... 47 Purchase Orders ........................................................................................................................ 48 Human Resources Management ............................................................................................... 48 General Billing ........................................................................................................................... 49 Additional Appendices ................................................................................................................ 50 Change Management Services - Foundation ........................................ Error! Bookmark not defined.
General Assumptions .................................................................... Error! Bookmark not defined.
Roles and Responsibilities ............................................................. Error! Bookmark not defined.
Change Management .................................................................... Error! Bookmark not defined.
Tyler and Client Work Split Assumptions .......................................................................................... 50 Increased Work Split Hours ....................................................................................................... 50 Intentionally left blank. ..................................................................................................................... 50 Project Timeline .......................................................................................................................... 51 ERP Project Timeline ......................................................................................................................... 51 Data & Insights Project Plan .............................................................................................................. 51 Intentionally left blank. ..................................................................................................................... 52
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Part 1: Executive Summary
Project Overview
Introduction
Tyler Technologies (“Tyler”) is the largest and most established provider of integrated software and technology services focused solely on the public sector. Tyler’s end-to-end solutions empower public sector entities including local, state, provincial and federal government, to operate more efficiently and connect more transparently with their constituents and with each other. By connecting data and processes across disparate systems, Tyler’s solutions transform how clients gain actionable insights that solve problems in their communities.
Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, roles and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler and Daly City (collectively the “Project”).
The overall goals of the project are to:
Successfully implement the contracted scope on time and on budget Increase operational efficiencies and empower users to be more productive Improve accessibility and responsiveness to external and internal customer needs Overcome current challenges and meet future goals
Project Success Criteria
• Ensure the needs of the City are thoroughly defined, documented, and understood by the Tyler implementation staff through a collaborative process between City staff and Tyler implementation staff
• Business process reengineering takes place, as appropriate, during the appropriate project phase(s), with Tyler implementation staff taking an advisory role in this process • Through conversations during the Current State analyses, Tyler has gained a clear understanding of the City’s business requirements for in scope areas.
• Tyler and the City provides adequate resources to implement the new system • Tyler and the City will work jointly to ensure users are sufficiently trained so they can effectively use the system
Methodology
This is accomplished by Daly City and Tyler working as a partnership and Tyler utilizing its depth of implementation experience. While each Project is unique, all will follow Tyler’s six-stage methodology. Each of the six stages is comprised of multiple work packages, and each work package includes a narrative description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.
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Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet Daly City’s complexity and organizational needs.
The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both Daly City and Tyler commit to including the necessary leadership and governance. During each stage of the Project, it is expected that Daly City and Tyler Project teams work collaboratively to complete tasks. An underlying principle of Tyler’s Implementation process is to employ an iterative model where Daly City’s business processes are assessed, configured, validated, and refined cyclically in line with the project budget. This approach is used in multiple stages and work packages as illustrated in the graphic below.
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The delivery approach is systematic, which reduces variability and mitigates risks to ensure Project success. As illustrated, some stages, along with work packages and tasks, are intended to be overlapping by nature to complete the Project efficiently and effectively.
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Part 2: Project Foundation
Project Governance
Project governance is the management framework within which Project decisions are made. The role of Project governance is to provide a decision-making approach that is logical, robust, and repeatable. This allows organizations to have a structured approach for conducting its daily business in addition to project related activities.
This section outlines the resources required to meet the business needs, objectives, and priorities for the Project, communicate the goals to other Project participants, and provide support and guidance to accomplish these goals. Project governance defines the structure for escalation of issues and risks, Change Control review and authority, and Organizational Change Management activities. Throughout the Statement of Work Tyler has provided RACI Matrices for activities to be completed throughout the implementation which will further outline responsibilities of different roles in each stage. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage.
The chart below illustrates an overall team perspective where Tyler and Daly City collaborate to resolve Project challenges according to defined escalation paths. If project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and Daly City Steering Committee become the escalation points to triage responses prior to escalation to Daly City and Tyler executive sponsors. As part of the escalation process, each Project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. Daly City and Tyler executive sponsors serve as the final escalation point.
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Project Scope Control
Managing Scope and Project Change
Project Management governance principles contend that there are three connected constraints on a Project:
budget, timeline, and scope. These constraints, known as the “triple constraints” or project management triangle, define budget in terms of financial cost, labor costs, and other resource costs. Scope is defined as the work performed to deliver a product, service or result with the specified features and functions, while time is simply defined as the schedule. The Triple Constraint theory states that if you change one side of the triangle, the other two sides must be correspondingly adjusted. For example, if the scope of the Project is increased, cost and time to complete will also need to increase. The Project and executive teams will need to remain cognizant of these constraints when making impactful decisions to the Project. A simple illustration of this triangle is included here, showing the connection of each item and their relational impact to the overall Scope.
A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level of flexibility to incorporate approved changes. Scope and changes within the project will be managed using the change control process outlined in the following section.
Change Control
It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g., new constraints or opportunities are discovered). This Project is being undertaken with the understanding that Project scope, schedule, and/or cost may need to change to produce optimal results for stakeholders.
Changes to contractual requirements will follow the change control process specified in the final contract, and as described below.
Change Request Management
Should the need for a change to Project scope, schedule, and/or cost be identified during the Project, the change will be brought to the attention of the Steering Committee and an assessment of the change will occur. While such changes may result in additional costs and delays relative to the schedule, some changes may result in less cost to Daly City; for example, Daly City may decide it no longer needs a deliverable originally defined in the Project. The Change Request will include the following information:
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The nature of the change.
A good faith estimate of the additional cost or associated savings to Daly City, if any. The timetable for implementing the change.
The effect on and/or risk to the schedule, resource needs or resource responsibilities.
Daly City will use its good faith efforts to either approve or disapprove any Change Request within ten (10) Business Days (or other period as mutually agreeable between Tyler and Daly City). Any changes to the Project scope, budget, or timeline must be documented and approved in writing using a Change Request form. These changes constitute a formal amendment to the Statement of Work and will supersede any conflicting term in the Statement of Work.
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Acceptance Process
The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions will vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the success of the Project that each Daly City office or department designates specific individuals for making decisions on behalf of their offices or departments.
Both Tyler and Daly City will identify representative project managers. These individuals will represent the interests of all stakeholders and serve as the primary contacts between the two organizations.
The coordination of gaining Daly City feedback and approval on Project deliverables will be critical to the success of the Project. Daly City project manager will strive to gain deliverable and decision approvals from all authorized Daly City representatives. Given that the designated decision-maker for each department may not always be available, there must be a designated proxy for each decision point in the Project. Assignment of each proxy will be the responsibility of the leadership from each Daly City department. The proxies will be named individuals that have the authorization to make decisions on behalf of their department.
The following process will be used for accepting Deliverables and Control Points:
Daly City shall have ten (10) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept each Deliverable or Control Point. If Daly City does not provide acceptance or acknowledgement within ten (10) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
If Daly City does not agree the Deliverable or Control Point meets requirements, Daly City shall notify Tyler project manager(s), in writing, with reasoning within ten (10) business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. Daly City shall then have four (4) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If Daly City does not provide acceptance within four (4) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for Daly City and Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at Daly City, but are roles defined within the Project. It is common for individual resources on both the Tyler and Daly City project teams to fill multiple roles. Similarly, it is common for some roles to be filled by multiple people.
Tyler Roles & Responsibilities
Tyler assigns a project manager prior to the start of each Phase of the Project (some Projects may only be one Phase in duration). Additional Tyler resources are assigned as the schedule develops and as needs arise.
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Tyler Executive Manager
Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the Project team and collaborates with other Tyler department managers as needed to escalate and facilitate implementation Project tasks and decisions. Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying Daly City ’s overall organizational strategy.
Authorizes required Project resources.
Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process.
Acts as the counterpart to Daly City ’s executive sponsor.
Tyler Implementation Manager
Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. The Tyler project managers consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler Project Manager or with Daly City management as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. Assigns Tyler Project personnel.
Provides support for the Project team.
Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources.
Monitors Project progress including progress towards agreed upon goals and objectives.
Tyler Project Manager
The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources between departments, management of the Project budget and schedule, management of effective risk, and issue management, and is the primary point of contact for all Project related items. The Project Manager will also be responsible for overseeing quality control of the implementation activities and the system performance. As requested by Daly City, the Tyler Project Manager provides regular updates to Daly City Steering Committee and other Tyler governance members. Tyler Project Manager’s role includes responsibilities in the following areas:
Contract Management
Validates contract compliance throughout the Project. Ensures Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions. Prepares and presents contract milestone sign-offs for acceptance by Daly City project manager(s). Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance.
Planning
Delivers project planning documents.
Defines Project tasks and resource requirements.
Develops and maintains initial Project schedule and Project Management Plan.
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Collaborates with Daly City project manager(s) to plan and schedule Project timelines to achieve on- time implementation.
Implementation Management
Tightly manages Scope and budget of Project to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. Establishes and manages a schedule and Tyler resources that properly support the Project Schedule and are also in balance with Scope/budget.
Establishes risk/issue tracking/reporting process between Daly City and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to Daly City any items that may impact the outcomes of the Project.
Collaborates with Daly City ’s project manager(s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the project.
Collaborates with Daly City ’s project manager(s) to set a routine communication plan that will aide all Project team members, of both Daly City and Tyler, in understanding the goals, objectives, status, and health of the Project.
Establishes routine status calls and provides an updated status report and budget reconciliation in advance of every status call, which includes hours and types of hours utilized.
Resource Management
Acts as liaison between Project team and Tyler manager(s). Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. Provides direction and support to Project team.
Manages the appropriate assignment and timely completion of tasks as defined in the Project Schedule, task list, and Go-Live Checklist.
Assesses team performance and adjusts as necessary.
Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks.
Tyler Implementation Consultant
Completes tasks as assigned by the Tyler project manager(s). Documents activities for services performed by Tyler. Guides Daly City through software validation process following configuration. Assists during Go-Live process and provides support until Daly City transitions to Client Services. Facilitates training sessions and discussions with Daly City and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. May provide conversion review and error resolution assistance. Possesses an understanding of the functionality within Tyler software products for their functional area(s) so that tasks are completed competently and efficiently. Provides confident recommendations regarding configuration decisions and business process best practices using Tyler’s products based on his/her experience and expertise implementing Tyler software products with similar organizations
Performs problem solving and troubleshooting.
Follows up on issues identified during sessions with the Tyler project manager and Daly City project manager.
Documents activities for onsite services and provides regular updates to the Tyler project manager.
City of Daly City, CA
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Clearly documents homework tasks with specific due dates and owners, supporting and reconciling with the final Project schedule
Keeps Tyler project manager(s) proactively apprised of any and all issues which may result in the need for additional training needs, change in schedule, change in process decisions, or which have the potential to adversely impact the success of the Project prior to taking action Completes site reports detailing activities for each implementation day within 5 business days of the event(s) they facilitated
Tyler Sales
Supports Sales to Implementation knowledge transfer during Initiate & Plan. Provides historical information, as needed, throughout implementation. Participates in pricing activities if additional licensing and/or services are needed.
Tyler Technical Services
Maintains Tyler infrastructure requirements and design document(s). Involved in system infrastructure planning/review(s). Provides first installation of licensed software with initial database on servers. Supports and assists the project team with technical/environmental issues/needs. Deploys Tyler products.
Daly City Roles & Responsibilities
Daly City resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles.
Daly City Executive Sponsor
Daly City executive sponsor provides support to the Project by providing strategic direction and communicating key issues about the Project and its overall importance to the organization. When called upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive sponsor engages in the Project, as needed, to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day Project activities. The executive sponsor empowers Daly City steering committee, project manager(s), and functional leads to make critical business decisions for Daly City. Champions the project at the executive level to secure buy-in. Authorizes required project resources.
Actively participates in organizational change communications.
Daly City Steering Committee
Daly City steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation for the Project’s value throughout the organization. The steering committee oversees Daly City project manager and Project through participation in regular internal meetings. Daly City steering committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. Daly City steering committee also serves as primary level of issue resolution for the Project. Works to resolve all decisions and/or issues not resolved at the project manager level as part of the escalation process.
City of Daly City, CA
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Attends all scheduled steering committee meetings.
Provides support for the project team.
Assists with communicating key project messages throughout the organization. Prioritizes the project within the organization.
Ensures the project staffed appropriately and that staff have necessary resources. Monitors project progress including progress towards agreed upon goals and objectives. Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
o Project Goals
o Daly City Policies
o Needs of other client projects
Daly City Project Manager
Daly City shall assign project manager(s) prior to the start of this project with overall responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment. Daly City Project Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When Daly City project manager(s) do not have the knowledge or authority to make decisions, he or she engages the necessary resources to participate in discussions and make decisions in a timely fashion to avoid Project delays. Daly City project manager(s) are responsible for reporting to Daly City steering committee and determining appropriate escalation points.
Contract Management
Validates contract compliance throughout the project. Ensures that invoicing and Deliverables meet contract requirements. Acts as primary point of contact for all contract and invoicing questions. Collaborates on and approves Change Requests, if needed, to ensure proper scope and budgetary compliance.
Planning
Reviews and accepts project planning documents.
Defines project tasks and resource requirements for Daly City project team. Collaborates in the development and approval of the project schedule. Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on-time implementation.
Implementation Management
Tightly manages project budget and scope.
Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure that scope changes and budget (planned versus actual) are transparent and handled effectively and efficiently.
Collaborates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the project schedule as a whole and is also in balance with scope and budget. Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process between Daly City and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to Tyler any items that may impact the outcomes of the project.
City of Daly City, CA
Tyler Technologies, Inc. Page | 12
Collaborates with Tyler project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project. Routinely communicates with both Daly City staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the project by all team members. Manages the requirements gathering process and ensure timely and quality business requirements are being provided to Tyler.
Resource Management
Acts as liaison between project team and stakeholders. Identifies and coordinates all Daly City resources across all modules, phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices.
Provides direction and support to project team.
Builds partnerships among the various stakeholders, negotiating authority to move the project forward.
Manages the appropriate assignment and timely completion of tasks as defined. Assesses team performance and takes corrective action, if needed. Provides guidance to Daly City technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. Owns the relationship with in-Scope 3rd party providers and aligns activities with ongoing project tasks.
Ensures that users have appropriate access to Tyler project toolsets as required. Conducts training on proper use of toolsets.
Validates completion of required assignments using toolsets.
Daly City Functional Leads
Makes business process change decisions under time sensitive conditions. Communicates existing business processes and procedures to Tyler consultants. Assists in identifying business process changes that may require escalation. Contributes business process expertise for Current & Future State Analysis. Identifies and includes additional subject matter experts to participate in Current & Future State Analysis.
Validates that necessary skills have been retained by end users. Provides End Users with dedicated time to complete required homework tasks. Acts as an ambassador/champion of change for the new process and provide business process change support.
Identifies and communicates any additional training needs or scheduling conflicts to Daly City project manager.
Actively participates in all aspects of the implementation, including, but not limited to, the following key activities:
o Task completion
o Stakeholder Meeting
o Project Management Plan development
o Schedule development
o Maintenance and monitoring of risk register
o Escalation of issues
o Communication with Tyler project team
o Coordination of Daly City resources
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o Attendance at scheduled sessions
o Change management activities
o Modification specification, demonstrations, testing and approval assistance o Data analysis assistance
o Decentralized end user training
o Process testing
o Solution Validation
Daly City Power Users
Participate in project activities as required by the project team and project manager(s). Provide subject matter expertise on Daly City business processes and requirements. Act as subject matter experts and attend Current & Future State Analysis sessions as needed. Attend all scheduled training sessions.
Participate in all required post-training processes as needed throughout project. Test all application configuration to ensure it satisfies business process requirements. Become application experts.
Participate in Solution Validation.
Adopt and support changed procedures.
Complete all deliverables by the due dates defined in the project schedule. Demonstrate competency with Tyler products processing prior to Go-live. Provide knowledge transfer to Daly City staff during and after implementation. Participate in conversion review and validation.
Daly City End Users
Attend all scheduled training sessions.
Become proficient in application functions related to job duties. Adopt and utilize changed procedures.
Complete all deliverables by the due dates defined in the project schedule. Utilize software to perform job functions at and beyond Go-live.
Daly City Technical Lead
Coordinates updates and releases with Tyler as needed. Coordinates the copying of source databases to training/testing databases as needed for training days.
Coordinates and adds new users, printers and other peripherals as needed. Validates that all users understand log-on process and have necessary permission for all training sessions.
Coordinates interface development for Daly City third party interfaces. Develops or assists in creating reports as needed.
Ensures on-site system meets specifications provided by Tyler. Assists with software installation as needed.
Extracts and transmits conversion data and control reports from Daly City’s legacy system per the conversion schedule set forth in the project schedule.
Daly City Upgrade Coordination
Becomes familiar with the software upgrade process and required steps.
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Becomes familiar with Tyler’s releases and updates.
Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage Daly City’s software upgrade process. Assists with the software upgrade process during implementation. Manages software upgrade activities post-implementation. Manages software upgrade plan activities.
Coordinates software upgrade plan activities with Daly City and Tyler resources. Communicates changes affecting users and department stakeholders. Obtains department stakeholder acceptance to upgrade production environment.
Daly City Change Management Lead
Validates that users receive timely and thorough communication regarding process changes. Provides coaching to supervisors to prepare them to support users through the project changes. Identifies the impact areas resulting from project activities and develops a plan to address them proactively.
Identifies areas of resistance and develops a plan to reinforce the change. Monitors post-production performance and new process adherence.
City of Daly City, CA
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Part 3: Project Plan
Project Stages
Work Breakdown Structure
The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into smaller, more manageable components. The top-level components are called “Stages” and the second level components are called “Work Packages”. The work packages, shown below each stage, contain the high-level work to be done. The detailed Project Schedule, developed during Project/Phase Planning and finalized during subsequent stages, lists the tasks to be completed within each work package. Each stage ends with a “Control Point”, confirming the work performed during that stage of the Project has been accepted by Daly City.
Work Breakdown Structure (WBS)
1. Initiate &
Plan
2. Assess &
Define
3. Prepare
Solution
4. Production
Readiness 5. Production 6. Close
1.1 Initial
Coordination
2.1 Solution
Orientation
3.1 Initial System
Deployment
4.1 Solution
Validation
5.1 Go Live
6.1 Phase Close
Out
1.2 Project/Phase
Planning
2.2 Current & Future
State Analysis
3.2 Configuration
4.2 Go Live
Readiness
5.2 Transition to
Client Services
6.2 Project Close
Out
1.3 GIS Planning*
2.3 Modification
Analysis
3.3 Process
Refinement
4.3 End User
Training
5.3 Post Go Live
Activities
1.4 Infrastructure
Planning
2.4 Conversion
Assessment
3.4 Conversion
Delivery
1.5 Stakeholder
Meeting
2.5 Data Assessment
3.5 Data Delivery
3.6 Modifications*
*Items noted with an asterisk in the graphic above relate to specific products and services. If those products and services are not included in the scope of the contract, these specific work packages will be noted as “Intentionally Left Blank” in Section 6 of the Statement of Work.
City of Daly City, CA
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Initiate and Plan
The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a foundation for the Project by identifying and establishing sequence and timing for each Phase as well as verifying scope for the Project. This stage will be conducted at the onset of the Project, with a few unique items being repeated for the additional Phases as needed.
Initial Coordination
Prior to Project commencement, Tyler management assigns project manager(s). Additional Project resources will be assigned later in the Project as a Project schedule is developed. Tyler provides Daly City with initial Project documents used to gather names of key personnel, their functional role as it pertains to the Project, as well as any blackout dates to consider for future planning. Daly City gathers the information requested by the provided deadline ensuring preliminary planning and scheduling can be conducted moving the Project forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with Daly City’s team. During this step, Tyler will work with Daly City to establish the date(s) for the Project and Phase Planning session.
Objectives:
Formally launch the project.
Establish project governance.
Define and communicate governance for Tyler.
Identify Daly City project team.
STAGE 1 Initial Coordination
Tyler Daly City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Department Heads
End Users
Technical Leads
Tyler project team is assigned A R C I I I I I I
Daly City project team is
assigned
A I R I I I
Provide initial project
documents to Daly City
A R C C I I
Gather preliminary information
requested
I A R C C C C
Sales to implementation
knowledge transfer
A R I I I I I
Create Project Portal to store
project artifacts and facilitate
communication
A R I
City of Daly City, CA
Tyler Technologies, Inc. Page | 17
Inputs Contract documents
Statement of Work
Outputs/Deliverables Working initial project documents
Project portal
Work package assumptions:
Project activities begin after the agreement has been fully executed.
Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify applications to implement in each Phase (if applicable), and discuss implementation timeframes.
During this work package Tyler will work with Daly City to coordinate and plan a formal Project planning meeting(s). This meeting signifies the start of the Project and should be attended by all Daly City Project team members and the Tyler Project Manager. The meeting provides an opportunity for Tyler to introduce its implementation methodology, terminology, and Project management best practices to Daly City’s Project Team. This will also present an opportunity for project managers and Project sponsors to begin to discuss Project communication, metrics, status reporting and tools to be used to measure Project progress and manage change.
Tyler will work with Daly City Project Team to prepare and deliver the Project Management Plan as an output of the planning meeting. This plan will continue to evolve and grow as the Project progresses and will describe how the project will be executed, monitored, and controlled.
During project planning, Tyler will introduce the tools that will be used throughout the implementation. Tyler will familiarize Daly City with these tools during project planning and make them available for review and maintenance as applicable throughout the project. Some examples are Solution validation plan, issue log, and go-live checklist.
STAGE 1 Project/Phase Planning
Tyler Daly City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads