Table of Contents
12-15-2025 Regular Meeting Agenda
Item 1 - 12-1-2025 Minutes
Item 2 - 12.15.25 List of Demands Packet
Item 4 - FY 2025-26 Asphalt Roadway Repairs
Item 5 - EP25-075 Approval Resolution
Item 6 - Tyler Technologies Agreement for ERP Pro SaaS
Item 7 - Emergency Funding for Repair along San Dieguito Drive Item 8 - Reclassification of One Accounting Technician
Item 9 - Ordinance Related to Single-Use Disposable Food Service Ware Item 10 - TTM18-004 Extension (La Atalaya, 690 Serpentine) Item 12 - Selection of the Mayor and Deputy Mayor 2026
Item XIE and XIIA - Council Liaison Report - Martinez
2 8
11 28
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California 92014
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Monday, December 15, 2025 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda.
Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.
Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.
Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.
Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Terry Gaasterland
Mayor
Tracy Martinez
Deputy Mayor
Dan Quirk
Council Member
John W. Spelich
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting December 15, 2025
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. COMMUNITY ANNOUNCEMENTS
VI. CITY MANAGER’S REPORT
VII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.
1. Approval of Minutes: Regular Meeting December 1, 2025 Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands dated December 15, 2025 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting December 15, 2025
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
4. Construction Contract with Portillo Concrete, Inc. for Fiscal Year 2025-26 Asphalt Roadway Repairs
Recommended Action: Staff recommends that the City Council: 1) Award a $75,000 construction contract to Portillo Concrete, Inc. (Attachment A) for Fiscal Year (FY) 2025- 26 asphalt roadway repairs; and 2) Authorize the City Manager to execute the contract.
Reference: Clerk’s File No. 406-1
5. Approval of Encroachment Permit 25-075 – A Request to Retain Existing Unpermitted Planter Walls, Brick Columns, and Associated Improvements within the Public Right-of-Way at 1639 Luneta Drive; Applicant: 1639 LLC Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) reflecting prior Council direction and making findings to approve a Longterm Major Encroachment Permit (EP) 25-075 to retain existing unpermitted encroachments within the public right-of-way adjacent to 1639 Luneta Drive.
Reference: Clerk’s File No. 802-1
6. Approval of an Agreement with Tyler Technologies for ERP Pro Software as a Service
Recommended Action: Staff recommends that the City Council: 1) Approve a Software as a Service (SaaS) Agreement between the City of Del Mar and Tyler Technologies, Inc. (Attachment A) for the implementation of a new Enterprise Resource Planning system; and 2) Authorize the City Manager to negotiate and execute the final Agreement, in consultation with the City Attorney, and any subsequent amendments provided for under the Agreement contingent upon satisfactory performance by the vendor.
Reference: Clerk’s File No. 406-1
7. Approval of Emergency Funding for Storm Drain and Roadway Repair along San Dieguito Drive
Recommended Action: Staff recommends that the City Council: 1) Approve $131,000 in emergency funding for construction and inspection services for the emergency work related to the Emergency Storm Drain and Roadway Repair along San Dieguito Drive; 2) Ratify any prior authorization by the City Manager to facilitate the emergency repairs; and 3) Authorize the City Manager to execute any documents necessary to complete the work.
Reference: Clerk’s File No. 901-5, 906-5
Del Mar City Council Regular Meeting December 15, 2025
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
8. Proposed Reclassification of Finance Division Accounting Position Recommended Action: It is recommended that the City Council adopt a Resolution (Attachment A) authorizing reclassification of one Accounting Technician I/II position to an Accountant I/II position and amending the Fiscal Year 2025-2026 Management, Professional and Confidential Compensation Plan to reflect this change (Exhibit A to Attachment A).
Reference: Clerk’s File No. 504-1
VIII. PUBLIC HEARING
9. Introduction of an Ordinance to Repeal and Replace Chapter 11.40 of the Del Mar Municipal Code to Prohibit the Use of Expanded Polystyrene and Single-Use, Non-Compostable Disposable Food Service Ware Citywide, and Single-Use Plastic Beverage Bottles at City Facilities and City-Sponsored Events
Recommended Action: Staff recommends that the City Council introduce an Ordinance (Attachment A) to repeal and replace Del Mar Municipal Code (DMMC) Chapter 11.40 to prohibit the use of expanded polystyrene and single-use, non-compostable disposable food service ware; the sale of expanded polystyrene coolers and ice chests or other food containers; and the use of single-use plastic beverage bottles at City facilities and Citysponsored events.
Reference: Clerk’s File No. 401-4
10. Tentative Tract Map TTM18-004, Extension of Time
Request for a Three-Year Extension of Time for an Eight-Lot Subdivision Reconfiguration of 18.1 acres known as “La Atalaya”
Applicant/Owner: La Atalaya, LLC
Assessor Parcel Numbers (APNs): 299-200-65-00, 299-261-43-00, 299-261- 42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299- 200-63-00
Recommended Action: Staff recommends that the City Council adopt a resolution approving a three-year extension of Tentative Tract Map TTM18-004 (Attachment A).
Reference: Clerk’s File No. 301-1
IX. COUNCIL MEETING RECESS
X. CITY COUNCIL OTHER BUSINESS
11. 2025 Mayor Comments - Year End Review
Recommended Action: Receive comments from outgoing Mayor Gaasterland.
Del Mar City Council Regular Meeting December 15, 2025
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 401-1
12. Selection of the 2026 Mayor and Deputy Mayor
Recommended Action: Staff recommends the City Council appoint from among its members a Mayor and Deputy Mayor to serve for a one-year period beginning on December 16, 2025, through December 2026 in accordance with Council Policies 100 and 118.
Reference: Clerk’s File No. 401-1
XI. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. Clean Energy Alliance JPA (CEA) Board of Directors (Spelich/Gaasterland) B. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) C. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Spelich) D. League of California Cities – San Diego Chapter (Gaasterland/Martinez) E. North County Transit District (NCTD) (Martinez/Spelich) Recommendation: Receive Written Report (Martinez)
F. Regional Solid Waste Association (Spelich/Quirk)
G. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Spelich)
H. SANDAG Borders Committee
I. SANDAG Regional Planning Committee
J. SANDAG Shoreline Preservation Working Group
(Spelich/Gaasterland/Martinez)
K. SANDAG LOSSAN Executive Task Force (Gaasterland/Martinez) L. San Diego Metropolitan Wastewater Commission/JPA (Worden) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Gaasterland/Martinez)
N. Other Regional Organization Reports
XII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Del Mar Community Connections (Martinez/Spelich)
Recommendation: Receive Written Report (Martinez)
B. Del Mar Village Association (Gaasterland/Martinez)
C. Finance Committee (Gaasterland/Spelich)
D. Housing Subcommittee (Gaasterland/Martinez)
E. Human Resources Subcommittee (Gaasterland/Martinez)
F. Legislative Subcommittee (Gaasterland/Martinez)
Del Mar City Council Regular Meeting December 15, 2025
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us G. Measure Q Citizen Oversight Committee (Quirk/Gaasterland) H. Parks and Recreation Committee (Martinez/Quirk)
I. Del Mar Railroad Subcommittee (Gaasterland/Martinez) J. Lagoon Committee (Gaasterland/Spelich)
K. Planning Process Subcommittee (Includes Sea-Level Rise Adaptation Plan Implementation (Gaasterland/Spelich)
L. Shores Park Master Plan Ad-Hoc Advisory Committee (Gaasterland/Spelich) M. Sustainability Advisory Committee (Martinez/Gaasterland) N. Traffic and Parking Advisory Committee (Quirk/Spelich) O. Undergrounding Program Advisory Committee (Gaasterland/Spelich) P. Other Committee-Subcommittee Reports
XIII. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
January 6, 2026
Award of Contract with HdL Companies for Sales, Use and District Tax Services Award of Contract with ClearSource Financial Consulting for Cost Allocation Plan and Comprehensive User Fee Study
Second Reading of New Plastics Ordinance
De Novo Hearing Variance 24-003
2026 City Council Local Appointments
Cost Sharing Agreement with City of Solana Beach for Fire Management Transition Services XIV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 10th day of December, 2025 at approximately 2:50 p.m.
___________________________________________ 12/10/2025
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
DECEMBER 1, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Terry Gaasterland called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Terry Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk (arrived at 4:36 p.m.) and John Spelich
CITY ATTORNEY CLOSED SESSION REPORT
None.
PLEDGE OF ALLEGIANCE
Mayor Gaasterland led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Gaasterland opened public oral communications, and Janet Wilson spoke. Mayor Gaasterland closed public oral communications.
CITY COUNCIL COMMUNITY ANNOUNCEMENTS
Deputy Mayor Martinez reminded everyone that the Del Mar Village Association (DMVA) will host a Christmas Tree lighting event on Sunday, December 5, 2025, at 5 p.m. adjacent to L’Auberge.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the City’s partnership with the Jacob and Cushman Food Bank on a canned food drive, with collection containers located at the Beach Safety Center and City Hall through December 17, 2025.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY DEPUTY MAYOR MARTINEZ, SECONDED BY COUNCILMEMBER SPELICH TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 6. (VOTE 4-0) 1 December 15, 2025 Item 1
City Council Regular Minutes
December 1, 2025
Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: REGULAR MEETING NOVEMBER 17, 2025 (CLERK’S
MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED DECEMBER 1, 2025 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 4: APPOINTMENTS TO THE SUSTAINABILITY ADVISORY COMMITTEE (CLERK’S FILE NO. 401-5)
Council appointed Chelsea Nelson and Susan Leckband as voting members to the Sustainability Advisory Committee to serve full three-year terms beginning on December 1, 2025, and ending on December 31, 2028, on consent.
ITEM 5: FINANCE COMMITTEE REAPPOINTMENT (CLERK’S FILE NO. 401-5) Council reappointed Michael Minter as a voting member to the Finance Committee to serve a second full three-year term effective December 1, 2025, and ending on December 31, 2028, on consent.
ITEM 6: APPROVAL OF TASK ORDERS WITH STEPHEN DALTON ARCHITECTS AND KEYSER MARSTON ASSOCIATES INC. TO COMPLETE FEASIBILITY STUDIES AND
CONCEPTUAL DESIGNS FOR THREE POTENTIAL AFFORDABLE HOUSING SITES ON 22ND DISTRICT AGRICULTURAL ASSOCIATION PROPERTY IN THE CITY OF DEL MAR IN ACCORDANCE WITH THE CITY’S CERTIFIED 6TH CYCLE HOUSING ELEMENT PROGRAM 3A (CLERK’S FILE NO. 406-1)
Council approved a $67,000 Task Order with Stephen Dalton Architects and a $175,000 Task Order with Keyser Marston Associates Inc. to complete feasibility studies and conceptual designs for three potential affordable housing sites on 22nd District Agricultural Association property in the City of Del Mar; and authorized the City Manager to execute the Task Orders, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 7: PAVEMENT AND TRAFFIC STRIPING IMPROVEMENTS FOR JIMMY DURANTE BOULEVARD (CLERK’S FILE NO. 901-6)
A presentation was provided by Principal Engineer Karen Falk and City traffic engineering consultant Ryan Zellers, President with Zone Traffic Engineering, Inc. 2 December 15, 2025 Item 1
City Council Regular Minutes
December 1, 2025
Council questions and discussion focused on whether the Fairgrounds reviewed and provided input on the proposed design; whether the Fairgrounds is required to put together a traffic plan for major events; roadway condition on Camino Del Mar going north from Del Mar Heights; process for speed surveys to reevaluate the speed limits; whether the plans include the addition of a cross walk; desire to have the Traffic and Parking Advisory Committee (TPAC) review the proposed project; whether the repaving will occur before or after the Stratford South undergrounding project; and whether Stratford North will be repaved after undergrounding is complete.
There were no public speakers for the item.
ITEM 8: UPDATE ON PENDING CALIFORNIA COASTAL COMMISSION ACTION TO APPROVE POST- CERTIFICATION MAPS FOR THE CITY OF DEL MAR’S CERTIFIED LOCAL COASTAL PROGRAM (CLERK’S FILE NO. 1502-14)
A presentation was provided by Principal Planner Amanda Lee.
Council questions and discussion focused on the California Coastal Commissions (CCC) jurisdictional authority and the City permit authority area and what triggered the CCC to initiate this map clean up.
There were no public speakers for the item.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance; San Diego Association of Governments (SANDAG) Board of Directors; North County Transit District; Regional Solid Waste Association; San Dieguito River Valley Regional Open Space Park JPA; Del Mar Community Connections; Del Mar Village Association; Housing Subcommittee; Human Resources Subcommittee; Lagoon Committee; Planning Process Subcommittee; Shores Park Master Plan Ad-Hoc Advisory Committee; Sustainability Advisory Committee; and Undergrounding Program Advisory Committee.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 6:18 p.m.
__
Sarah Krietor, Administrative Services Manager/
City Clerk
3 December 15, 2025 Item 1
Vendor Payment Checks $ 168,450.37
Voids -
Electronic Fund Transfers (EFT) 725,581.09
Electronic Wires 182,848.49
Total $ 1,076,879.95
Approved by: Approved by:
Marco Camacho Terry Gaasterland
Finance Manager/Treasurer Mayor
Date: Date:
Attachments: Check Registers
LIST OF DEMANDS
CITY OF DEL MAR
for
City Council Meeting
December 15, 2025
12/9/25
1 December 15, 2025 Item 2
11/25/2025
Check List
City of Del Mar
1 11:58:34AM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7340 11/26/2025 zep01 ACUITY SPECIALTY PRODUCTS INC, ZEP MANUFACTURING CO 9012067259 11/17/2025 CLEANING SUPPLIES FIRE 1,100.57 1,100.57 Voucher: 7340
7341 11/26/2025 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 189125601 11/14/2025 INTERNET CH NOV 1,390.13 Voucher: 7341 189125701 11/14/2025 CH FIBER TO FIRE NOV 412.74 189125801 11/14/2025 VIDEO TRANSPORT/PEG CH NOV 335.35
189112801 11/14/2025 VIDEO TRANSPORT/PEG NOV 335.35
189125501 11/14/2025 PUBLIC WIFI CH NOV 119.99
189125401 11/14/2025 DMTV INTERNET NOV 119.99
189125201 11/14/2025 INTERNET TV STUDIO NOV 93.34 2,806.89 7342 11/26/2025 coa21 COAST NEWS GROUP 00159154 11/7/2025 AD - PUBLIC HEARING 147.25 Voucher: 7342 00159155 11/7/2025 AD - ORDIN INTRO 54.25 201.50 7343 11/26/2025 dev02 DEVANEY PATE MORRIS & CAMERON 11115 11/14/2025 LEGAL FEES OCT 2,806.00 2,806.00 Voucher: 7343
7344 11/26/2025 dix01 DIXIELINE LUMBER CO 06-0620991 11/6/2025 OPERATING SUPP PW 201.47 Voucher: 7344 06-0620780 11/5/2025 MAINT SUPPLIES PW 95.63 06-0620530 11/4/2025 MAINT SUPPLIES PW 55.28
06-0621014 11/6/2025 OPERATING SUPP PW 46.86
06-0621397 11/11/2025 OPERATING SUPP PW 33.81 433.05
7345 11/26/2025 duk01 DUDEK 202508760 10/27/2025 SD LAGOON ENGR SVCS SEP 17,484.27 Voucher: 7345 202508899 10/27/2025 SD LAGOON ENV SVCS SEP 9,612.50 27,096.77 7346 11/26/2025 nha01 NHA ADVISORS, LLC 01853 11/14/2025 UP FINANCING - TO #3 47,500.00 47,500.00 Voucher: 7346
7347 11/26/2025 par51 PARKWOOD LANDSCAPE MAINT INC 110137 9/30/2025 LANDSCAPE SRVCS PW SEP 14,289.00 Voucher: 7347 110138 9/30/2025 LANDSCAPE SRVCS - SHORES 490.00 14,779.00 7348 11/26/2025 pho01 PHOENIX GROUP INFO SYSTEMS 102025036 11/17/2025 CITE SRVCS - OCT 22,132.86 22,132.86 Voucher: 7348
7349 11/26/2025 pru01 PRUDENTIAL OVERALL SUPPLY132342681 10/31/2025 UNIFORMS PW - 10/31 112.48 Voucher: 7349 132345251 11/14/2025 UNIFORMS PW - 11/14 70.52 132344071 11/7/2025 UNIFORMS PW - 11-7 70.52
132345249 11/14/2025 MATS PW - 11/14 15.47
132345250 11/14/2025 SHOP TOWELS PW - 11/14 4.41
131018532 11/13/2025 UNIFORMS REFND PW - 11/13 -1.20
131018512 11/6/2025 UNIFORM REFUND PW - 11/6 -41.96 230.24 Page: 1
2 December 15, 2025 Item 2
11/25/2025
Check List
City of Del Mar
2 11:58:34AM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7350 11/26/2025 tru09 TRUE NORTH COMPLIANCE SRVCS DM25-10 11/12/2025 BLDG CODE PC INSP OCT 27,629.25 27,629.25 Voucher: 7350
7351 11/26/2025 gan04 WILLIAM GANDER, DBA RESITEC, LLC DM-RT20251105 11/5/2025 SOLAR MONITORING OCT 200.00 200.00 Voucher: 7351
Sub total for EFT GENERAL ACCOUNT US BANK: 146,916.13
Page: 2
3 December 15, 2025 Item 2
11/25/2025
Check List
City of Del Mar
3 11:58:34AM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140426 11/26/2025 adt02 ADT SECURITY SERVICES 1178492955 11/13/2025 ALARM 1700 COAST DEC/FEB 257.94 Voucher: 140426 1178495507 11/13/2025 ALARM PW DEC 140.86 398.80 140427 11/26/2025 ame50 AMERICAN MEDICAL RESPONSE DMF09082025-01 9/8/2025 AMBULANCE SUPP FIRE 145.46 145.46 Voucher: 140427
140428 11/26/2025 bab03 BABCOCK LABORATORIES, INCCK50340-10666 11/7/2025 WATER TESTING 156.09 156.09 Voucher: 140428
140429 11/26/2025 doo03 CASTLE SERVICES INC, DBA AUSTIN DOORS 29140 10/8/2025 DOOR MAINT FIRE 368.06 368.06 Voucher: 140429
140430 11/26/2025 cin02 CINTAS 5302525808 11/12/2025 FIRST AID KIT SUPP PW 228.93 Voucher: 140430 5302861012 11/13/2025 FIRST AID KIT SUPP CH 40.67 269.60 140431 11/26/2025 cit07 CITY OF SAN DIEGO 1000434793 10/30/2025 WATER TREATMENT SEP 32,273.42 32,273.42 Voucher: 140431
140432 11/26/2025 coa10 COASTAL LIVESCAN SERVICES43571 10/31/2025 LIVESCAN SRVCS OCT 124.00 124.00 Voucher: 140432
140433 11/26/2025 cou01 COUNTY OF SAN DIEGO 11062025 11/6/2025 PARKING BAIL OCT 28,353.50 28,353.50 Voucher: 140433
140434 11/26/2025 del06 DEL MAR AUTOMOTIVE SERVICE 051333 11/21/2025 VEHICLE MAINT PW 112.88 112.88 Voucher: 140434
140435 11/26/2025 dun02 DUNN-EDWARDS PAINTS 2082A35599 11/13/2025 PAINT SUPPLIES CS 52.08 52.08 Voucher: 140435
140436 11/26/2025 fri06 FRIEDMAN & SPRINGWATER LLP 1000994 11/7/2025 UG CONSULT SRVCS 2,432.00 2,432.00 Voucher: 140436
140437 11/26/2025 gra02 GRAINGER 9702769267 11/6/2025 SM TOOL/EQUIP PW 317.79 317.79 Voucher: 140437
140438 11/26/2025 int09 GREGORY CONLEY, DBA INTELLIDESIGN LLC 495 11/9/2025 SCADA MAINT OCT 3,595.32 3,595.32 Voucher: 140438
140439 11/26/2025 haw01 HAWTHORNE MACHINERY COMPANY PS001011309 11/6/2025 CATERPILLAR REPAIR PW 71.43 Voucher: 140439 PS040118335 10/31/2025 CATERPILLAR REPAIR PW 36.75 PC000105647 11/6/2025 CATERPILLAR RFND PW -36.41 71.77
140440 11/26/2025 fir12 PAUL ROTTENBERG, DBA FIRESTATS LLC 2025-326 11/15/2025 FIRE STATS PROG OCT 125.00 125.00 Voucher: 140440
140441 11/26/2025 por10 PORTABLE STORAGE CORP 169916 11/20/2025 STORAGE CS DEC 176.00 176.00 Voucher: 140441
140442 11/26/2025 sdg01 SAN DIEGO GAS & ELECTRIC0042 2198 4063 2 11/14/2025 UTILITIES OCT 4,219.31 4,219.31 Voucher: 140442
Page: 3
4 December 15, 2025 Item 2
11/25/2025
Check List
City of Del Mar
4 11:58:34AM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140443 11/26/2025 sig12 SIGNA DIGITAL SOLUTIONS INC41949999 10/12/2025 COPIER CH OCT 812.64 Voucher: 140443 41204304 6/11/2025 COPIER CH JUN 812.64 42133834 11/11/2025 COPIER PW NOV 138.74 1,764.02
140444 11/26/2025 sta09 SWRCB, ATTN: AFRS SW-0328095 11/16/2025 SWRCB ANNUAL PERMIT PW 565.00 565.00 Voucher: 140444
140445 11/26/2025 ter11 TERMINIX COMMERCIAL 464679479 10/7/2025 PEST CONTROL CH - OCT 159.00 Voucher: 140445 464675428 10/7/2025 PEST CONTROL CS - OCT 128.26 464679421 10/7/2025 PEST CONTROL LIBRARY - OCT 113.26
464675410 10/7/2025 PEST CONTROL PHCC - OCT 109.18 509.70 140446 11/26/2025 the50 THE RAEL FAMILY TRUST 20251106 11/19/2025 WATER METER REFUND 1,520.86 1,520.86 Voucher: 140446
140447 11/26/2025 usb03 US BANK CORP PYMT SYSTEMS 4246 0445 5565 020310/22/2025 US BANK CHARGES OCT 16,803.43 16,803.43 Voucher: 140447
Sub total for GENERAL ACCOUNT US BANK: 94,354.09
Page: 4
5 December 15, 2025 Item 2
11/25/2025
Check List
City of Del Mar
5 11:58:34AM
apChkLst Final Page:
34 checks in this report. Grand Total All Checks: 241,270.22 Page: 5
6 December 15, 2025 Item 2
11/26/2025
Check List
City of Del Mar
1 12:07:37PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4183 11/28/2025 irs01 IRS, UNITED STATES TREASURY Ben182705 11/28/2025 FEDERAL TAX: PAYMENT 40,593.12 40,593.12 Voucher: 4183
4184 11/28/2025 per01 PERS Ben182707 11/28/2025 PERS CONTRIBUTIONS: PAYMENT 56,408.37 56,408.37 Voucher: 4184
4185 11/28/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben182709 11/28/2025 STATE TAX: PAYMENT 11,659.82 11,659.82 Voucher: 4185
4186 11/28/2025 per02 PERS 457 Ben182711 11/28/2025 CALPERS 457 DEFERRED COMP: PAYMENT 3,026.49 3,026.49 Voucher: 4186
Sub total for GENERAL ACCOUNT US BANK: 111,687.80
Page: 1
7 December 15, 2025 Item 2
11/26/2025
Check List
City of Del Mar
2 12:07:37PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7352 11/28/2025 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben182701 11/28/2025 401A PLAN: PAYMENT 555.16 555.16 Voucher: 7352
7353 11/28/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben182693 11/28/2025 MISSION SQUARE 457B: PAYMENT 9,152.09 9,152.09 Voucher: 7353
7354 11/28/2025 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben182703 11/28/2025 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 748.81 748.81 Voucher: 7354
7355 11/28/2025 uni21 DEL MAR CITY EMPLOYEES ASSOC. Ben182695 11/28/2025 DMCEA DUES: PAYMENT 273.00 273.00 Voucher: 7355
7356 11/28/2025 nat15 NATIONAL BENEFIT SERVICES, LLC, FLEXIBLE BENEFITS DEPT Ben182699 11/28/2025 SEC. 125 FLEXIBLE SAVINGS ACCT: PAYMENT 1,856.19 1,856.19 Voucher: 7356
7357 11/28/2025 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben182697 11/28/2025 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 1,570.59 1,570.59 Voucher: 7357
Sub total for EFT GENERAL ACCOUNT US BANK: 14,155.84
Page: 2
8 December 15, 2025 Item 2
11/26/2025
Check List
City of Del Mar
3 12:07:37PM
apChkLst Final Page:
10 checks in this report. Grand Total All Checks: 125,843.64 Page: 3
9 December 15, 2025 Item 2
11/26/2025
Check List
City of Del Mar
1 2:36:53PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7358 12/1/2025 lif06 GEN DIGITAL INC. 10010633632 11/15/2025 VOL LIFELOCK BENEFITS 135.92 135.92 Voucher: 7358
7359 12/1/2025 leg04 LEGALACCESSPLANS USA, CREDIT TO 1000178 59188 11/1/2025 VOL LEGAL EASE INSURANCE: PAYMENT 143.60 143.60 Voucher: 7359
Sub total for EFT GENERAL ACCOUNT US BANK: 279.52
Page: 1
10 December 15, 2025 Item 2
11/26/2025
Check List
City of Del Mar
2 2:36:53PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 8130 12/1/2025 hea02 HEALTH NET BFC29ADEC25 11/15/2025 HEALTH INS DEC 45,110.56 45,110.56 Voucher: 8130
8131 12/1/2025 kai01 KAISER PERMANENTE 475311837668 11/10/2025 HEALTH INS DEC 15,700.01 15,700.01 Voucher: 8131
8132 12/1/2025 mut01 MUTUAL OF OMAHA 001986023463 11/12/2025 AD&D LIFE B&D DEC 4,682.82 4,682.82 Voucher: 8132
8133 12/1/2025 pri11 PRINCIPAL FINANCIAL GROUP, PLIC-SBD GRAND ISLAND 1003938-10001DEC25 11/16/2025 DENTAL/VISION INS DEC 5,613.30 5,613.30 Voucher: 8133
8134 12/1/2025 sun11 SUN LIFE ASSURANCE CO, OF CANADA 915639-0001DEC2511/13/2025 FF LIFE INS DEC 54.00 54.00 Voucher: 8134
140448 12/1/2025 cap01 CAPF CA PUBLIC SAFETY ADMIN Ben182691 11/19/2025 CAPF: PAYMENT 234.00 234.00 Voucher: 140448
Sub total for GENERAL ACCOUNT US BANK: 71,394.69
Page: 2
11 December 15, 2025 Item 2
11/26/2025
Check List
City of Del Mar
3 2:36:53PM
apChkLst Final Page:
8 checks in this report. Grand Total All Checks: 71,674.21 Page: 3
12 December 15, 2025 Item 2
12/04/2025
Check List
City of Del Mar
1 12:19:51PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7360 12/5/2025 cal81 CALLTOWER INC 202872265 11/25/2025 TELEPHONE DEC 238.47 238.47 Voucher: 7360
7361 12/5/2025 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 189123101 11/14/2025 LIFEGUARD FIBER NOV 490.13 Voucher: 7361 8448 41 006 017146311/13/2025 PUBLIC WIFI PHCC NOV 341.45 189125301 11/14/2025 CH FIBER TO LFGRDS NOV 490.13
189123001 11/14/2025 LFGRD CABLE/INTERNET NOV 100.00 1,421.71 7362 12/5/2025 cor15 CORONADO MOBILE STORAGE INC DEC-25 12/1/2025 STORAGE CONTRS DEC 255.00 255.00 Voucher: 7362
7363 12/5/2025 del02 DEL MAR BLUE PRINT CO, INC633920 11/20/2025 PRINTING SRVCS CH 44.04 44.04 Voucher: 7363
7364 12/5/2025 del14 DEL MAR VILLAGE ASSOCIATION 6 12/4/2025 DMVA AGRMNT OCT 33,516.55 33,516.55 Voucher: 7364
7365 12/5/2025 dev02 DEVANEY PATE MORRIS & CAMERON 11113 11/14/2025 LEGAL FEES OCT 3,185.50 Voucher: 7365 11114 11/14/2025 LEGAL FEES OCT 1,293.20
11122 11/17/2025 LEGAL FEES OCT 390.40
11121 11/17/2025 LEGAL FEES OCT 146.40
11118 11/17/2025 LEGAL FEES OCT 24.50
11123 11/17/2025 CITY ATTORNEY OCT 40,301.60
11119 11/17/2025 LEGAL FEES OCT 7,693.50
11120 11/17/2025 LEGAL FEES OCT 3,666.00 56,701.10
7366 12/5/2025 dix01 DIXIELINE LUMBER CO 06-0622527 11/19/2025 OPERATING SUPP CS 321.43 Voucher: 7366 06-0618646 10/20/2025 MAINT/REPR SUPP PW 133.66 06-0623360 11/26/2025 OPERATING SUPP FIRE 83.27
06-0618880 10/21/2025 TOOLS PW 61.57
06-0622207 11/18/2025 OPERATING SUPP PW 15.21
06-0622045 11/18/2025 OPERATING SUPP PW 8.15
06-0623404 11/28/2025 OPERATING SUPP CS 7.62 630.91
7367 12/5/2025 hel04 HELIX ENVIRONMENTAL PLANNING 130988 11/13/2025 X1A CREST CNYN UG 5,136.04 5,136.04 Voucher: 7367
7368 12/5/2025 mik03 MIKHAIL OGAWA ENGINEERING12260 11/3/2025 SEWER PROG SUPP OCT 7,689.07 Voucher: 7368 12259 11/3/2025 FOG SRVCS OCT 4,517.50
12258 11/3/2025 DM TRASH DEVICE OCT 67.14 12,273.71
7369 12/5/2025 pac28 PACIFIC MOBILE STRUCTURES INC INV-00494395 12/1/2025 MOBILE OFFICE PW DEC 249.04 249.04 Voucher: 7369
Page: 1
13 December 15, 2025 Item 2
12/04/2025
Check List
City of Del Mar
2 12:19:51PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7370 12/5/2025 pho01 PHOENIX GROUP INFO SYSTEMS 1020251036 11/17/2025 ADMIN CITE SRVCS - OCT 985.09 985.09 Voucher: 7370
7371 12/5/2025 red04 REDFLEX TRAFFIC SYSTEMS INC INV0112259 11/30/2025 RED LIGHT CAMERA NOV 5,441.49 5,441.49 Voucher: 7371
7372 12/5/2025 san12 SAN DIEGO COUNTY SHERIFF11252025 11/25/2025 LAW ENF OCT 249,860.92 249,860.92 Voucher: 7372
7373 12/5/2025 san03 SAN DIEGO COUNTY WATER AUTH. 1025-2 11/12/2025 RAW WATER OCT 192,070.80 192,070.80 Voucher: 7373
7374 12/5/2025 tow05 TOWNSEND PUBLIC AFFAIRS INC 24440 12/1/2025 LEGISLATIVE SRVCS DEC 4,500.00 4,500.00 Voucher: 7374
7375 12/5/2025 wex01 WEX BANK 0496-00-496745-1 11/23/2025 GAS & OIL CS NOV 904.73 904.73 Voucher: 7375
Sub total for EFT GENERAL ACCOUNT US BANK: 564,229.60
Page: 2
14 December 15, 2025 Item 2
12/04/2025
Check List
City of Del Mar
3 12:19:51PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140449 12/5/2025 adt02 ADT SECURITY SERVICES 1179750482 11/19/2025 ALARM 1658 COAST DEC/MAR 155.64 155.64 Voucher: 140449
140450 12/5/2025 sbc03 AT&T 9391054486 11/20/2025 TELEPHONE NOV 185.90 Voucher: 140450 9391026230 11/20/2025 TELEPHONE NOV 64.54 9391031506 11/20/2025 TELEPHONE NOV 63.33
9391026231 11/20/2025 TELEPHONE NOV 63.33
9391026228 11/20/2025 TELEPHONE NOV 32.45 409.55
140451 12/5/2025 azt02 AZTEC LANDSCAPING INC, DBA AZTEC JANITORIAL J2195 11/12/2025 JANITORIAL SUPP OCT 198.16 198.16 Voucher: 140451
140452 12/5/2025 bab03 BABCOCK LABORATORIES, INCCK50968-10666 11/18/2025 WATER TESTING 635.00 635.00 Voucher: 140452
140453 12/5/2025 chi03 CHICAGO TITLE COMPANY 73725003882-2 11/20/2025 CLTA POLICY PH 6,371.00 6,371.00 Voucher: 140453
140454 12/5/2025 com20 COMFORT SOLUTIONS GROUP DBA, UNIVERSAL AUTOMATION SVCS 1629 11/19/2025 BI-ANN HVAC MAINT PW 1,664.00 1,664.00 Voucher: 140454
140455 12/5/2025 del06 DEL MAR AUTOMOTIVE SERVICE 051230 11/14/2025 VEH MAINT PW #83 555.96 555.96 Voucher: 140455
140456 12/5/2025 gal02 GALLS LLC 033040376 11/3/2025 UNIFORMS CS 17.00 17.00 Voucher: 140456
140457 12/5/2025 ats01 GARDA CL WEST LOCKBOX #233209 10833782 12/1/2025 ARMORED SRVCS DEC 754.63 754.63 Voucher: 140457
140458 12/5/2025 gra02 GRAINGER 9714784213 11/17/2025 SM TOOLS/EQUIP PW 217.76 217.76 Voucher: 140458
140459 12/5/2025 hol18 HOLMES, ROBERT M 12012025 12/1/2025 CITATION REFUND 54.00 54.00 Voucher: 140459
140460 12/5/2025 nea02 NEAL ELECTRIC CORP 90051 10/28/2025 STEP LIGHTS PHCC 7,485.00 7,485.00 Voucher: 140460
140461 12/5/2025 nor21 NORTH COUNTY CONCRETE, CUTTING, INC. 3490 11/13/2025 CONCRETE SRVCS PW 375.00 375.00 Voucher: 140461
140462 12/5/2025 pac05 PACIFIC PIPELINE SUPPLY S100482705.001 11/12/2025 WATER METER PARTS 543.43 Voucher: 140462 S100482704.001 11/13/2025 WATER METER PARTS 391.71 935.14 140463 12/5/2025 rcp01 RCP BLOCK & BRICK INC. 33500564 11/13/2025 SAND/PALLETS PW 842.78 842.78 Voucher: 140463
140464 12/5/2025 san138 SAN DIEGO ELEVATOR & LIFTS11763 11/18/2025 QTLY ELEV MAINT PHCC 150.00 Voucher: 140464 11805 11/21/2025 QTLY ELEV MAINT LG NOV 150.00 300.00 Page: 3
15 December 15, 2025 Item 2
12/04/2025
Check List
City of Del Mar
4 12:19:51PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140465 12/5/2025 san112 SAN DIEGO HUMANE SOCIETY, & SPCA DEC-25 12/1/2025 ANIMAL SRVCS DEC 4,388.00 4,388.00 Voucher: 140465
140466 12/5/2025 sco15 SCOTTY, FRANK A 11242025 11/24/2025 CITATION REFUND 86.00 86.00 Voucher: 140466
140467 12/5/2025 sny04 SNYDER, KELLE 11242025 11/24/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140467
140468 12/5/2025 soc06 SOCAL TRUCK ACCESSORIES, AND EQUIPMNT INC INV-50548 11/3/2025 FORD MAINT PW 557.32 557.32 Voucher: 140468
140469 12/5/2025 sup12 SUPERIOR TANK SOLUTIONS, INC. 3046C 11/17/2025 TANK CLEANING REPAIRS 34,200.00 Voucher: 140469 3047 11/17/2025 VENT HOOD RPLCMNT 4,500.00 38,700.00 140470 12/5/2025 ter01 TERMINIX INT CO LTD, PARTNERSHIP 466141769 11/19/2025 PEST CONTROL FIRE - NOV 85.86 85.86 Voucher: 140470
140471 12/5/2025 uli02 ULINE 200670129 11/17/2025 OPERATING SUPP PW 365.93 365.93 Voucher: 140471
140472 12/5/2025 und01 UNDERGROUND SERVICE ALERT, OF SOUTHERN CALIFORNIA 25-260561 9/1/2025 CA STATE FEES 67.58 67.58 Voucher: 140472
140473 12/5/2025 uni31 UNITED SITE SRVCS OF, CALIFORNIA INC 114-14156119 11/13/2025 PORTABLE RESTROOM - NOV 1,450.85 Voucher: 140473 114-14156122 11/13/2025 PORTABLE RESTROOM - NOV 565.25 114-14156121 11/13/2025 PORTABLE RESTROOM - NOV 265.25 2,281.35 140474 12/5/2025 ver03 VERIZON WIRELESS 570653198-00008 11/18/2025 TELEPHONE NOV 354.28 Voucher: 140474 570653198-00006 11/18/2025 TELEPHONE NOV 239.57 872374736-00004 11/18/2025 TELEPHONE NOV 226.20
570653198-00009 11/18/2025 TELEPHONE NOV 40.42
570653198-00007 11/18/2025 TELEPHONE NOV 38.01 898.48
140475 12/5/2025 cal86 VULCAN MATERIALS CO 4652913 9/30/2025 OPERATING SUPP PW 631.93 Voucher: 140475 4471072 9/10/2025 OPERATING SUPP PW 465.34 1,097.27 140476 12/5/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83645080 11/18/2025 JANITORIAL SUPPLIES 1,467.16 Voucher: 140476 83642066 11/17/2025 JANITORIAL SUPPLIES 1,236.27 83635996 11/13/2025 JANITORIAL SUPPLIES 704.32 3,407.75 140477 12/5/2025 act03 WILLIAMS SCOTSMAN INC 9025013634 11/15/2025 MOBILE OFFICE PW DEC 156.12 156.12 Voucher: 140477
Sub total for GENERAL ACCOUNT US BANK: 73,862.28
Page: 4
16 December 15, 2025 Item 2
12/04/2025
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City of Del Mar
5 12:19:51PM
apChkLst Final Page:
45 checks in this report. Grand Total All Checks: 638,091.88 Page: 5
17 December 15, 2025 Item 2
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Polly Robertson, Management Analyst
Via Ashley Jones, City Manager
DATE: December 15, 2025
SUBJECT: Construction Contract with Portillo Concrete, Inc. for Fiscal Year 2025-26 Asphalt Roadway Repairs
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Award a $75,000 construction contract to Portillo Concrete, Inc. (Attachment A) for Fiscal Year (FY) 2025-26 asphalt roadway repairs; and 2) Authorize the City Manager to execute the contract.
BACKGROUND:
The City performs small area asphalt repairs every fiscal year to address safety concerns and maintain the integrity of the City’s paved streets. This work restores the pavement network by focusing on repairing potholes after they emerge, repairing damage to pavement caused by the roots of nearby trees, and pavement restoration after City staff repair underground infrastructure. Separately, the City proactively budgets for larger paving projects as part of the City’s annual workplan and budget setting processes.
In addition to the pothole filling and minor pavement repairs performed by City staff, the City contracts with third-party licensed contractors annually to perform additional asphalt repairs. Hiring third-party contractors for this work is a common municipal service that offers several benefits including cost-effectiveness, specialized expertise, and reduced impact to Public Works field staff capacity. Licensed contractors have specialized equipment and experienced crews, ensuring efficient and high-quality repairs.
DISCUSSION/ANALYSIS:
The City maintains and regularly updates a list of future necessary pavement repairs.
Enough locations have been identified that City staff recommend issuing a contract for FY 2025-26 to perform small area asphalt roadway repairs. Staff conducted a procurement process in accordance with DMMC Chapter 7.20 – Alternative Bid Procedures for Public Works Projects and negotiated a contract with Portillo Concrete, 1 December 15, 2025 Item 4
City Council Agenda Report
FY 2025-26 Asphalt Roadway Repairs
December 15, 2025
Inc. (Portillo) in the amount of $75,000. Portillo is a local contractor with California license classifications A (general engineering), B (general building), and C-8 (concrete). Portillo has contracted with the City several times over the last few years and has demonstrated reliability, responsiveness, and provided excellent service and quality of work.
The scope of work and locations to be addressed as part of this contract are included in Attachment A of the construction contract with Portillo Concrete, Inc. (Attachment A).
FISCAL IMPACT:
The total cost of the work to be performed is $75,000. There is no fiscal action to be taken by the Council related to this agenda item. Sufficient funds are available for the project in the FY 2025-26 Operational and Capital Budget as presented in the table below:
Account # Account Budget
20.5845.3200 Street Maintenance $ 60,000
44.7000.7009 TransNet (DM-01) $ 15,000
TOTAL $ 75,000
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. While the Council action to award a construction contract is not subject to CEQA, the asphalt roadway repair work to be completed is Categorically Exempt in accordance with CEQA Guidelines 15301(c) in that the work to be performed includes the maintenance and repair of existing facilities.
ATTACHMENTS:
Attachment A – Construction Contract with Portillo Concrete, Inc. 2 December 15, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.
FOR FY 2025-26 ASPHALT ROADWAY REPAIRS
1 of 12
This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and Portillo Concrete, Inc. hereinafter referred to as the “Contractor” (collectively “Parties”).
RECITALS
WHEREAS, the City requires a general contractor to construct a Public Works project generally described as the FY 2025-26 Asphalt Roadway Repairs hereinafter referred to as the “Project.”
WHEREAS, the Contractor represents itself as possessing the necessary skills and qualifications to construct the Project required by the City and possesses the required contractor’s license of the appropriate classifications.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, and in consideration of the payments and agreements hereinafter mentioned, the Parties agree as follows:
1. CONTRACTOR'S OBLIGATIONS.
1.1 Contractor shall perform the scope of work shown in the Attachment A hereinafter referred to as the “Work”, as such term is defined by the Standard Specifications for Public Works Construction, latest version (GREENBOOK).
1.2 The Contractor agrees, at the Contractor's own proper cost and expense, to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete the Work in a good, workmanlike and substantial manner and to the satisfaction of the City.
1.3 Said Work shall be performed in accordance with the Contract Specifications, Drawings, and Provisions annexed hereto; and in connection with the Reference Standards below:
Standard Edition
Standard Specifications for Public Works Construction
(“The GREENBOOK”)
2021
San Diego Regional Standard Drawings 2022
1.4 The Contractor shall maintain throughout the full term of this Contract all professional certifications and licenses required in order to comply with all City, State, and Federal laws in the performance of this Contract.
1.5 The Contractor shall pay wages to the Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Department of Industrial Relations of the State of California. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor, from Director of the Department of Industrial Relations.
ATTACHMENT A 3 December 15, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.
FOR FY 2025-26 ASPHALT ROADWAY REPAIRS
2 of 12
These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.
1.6 The Contractor shall register with the Department of Industrial Relations (DIR) in accordance with California Labor Code sections 1771.1 and 1725.5 and the Contractor shall be subject to compliance monitoring and enforcement by DIR in accordance with California Labor Code section 1771.4.
1.7 Pursuant to and subject to the provisions of Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of up to two-hundred dollars ($200) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any Work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of the Contract.
2. CONTRACT AMOUNT AND SCHEDULE.
2.1 Total Amount. Compensation to Contractor shall be provided on a time and materials basis or pre-approved negotiated price in accordance with Section 1.5 above not-to-exceed $75,000. The Agreement allows for a 15% markup on labor, 15% markup on CALTRANS Equipment Rental Rates, and 10% markup on materials. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Contractor in advance. Contractor acknowledges that it is not guaranteed any particular amount of work. Normal processing time for payment is thirty (30) days after City’s receipt of invoice.
2.2 Contractor agrees to complete the Work on FY 2025-26 Asphalt Roadway Repair project prior to June 30, 2026, per Section 6-3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice To Proceed issued by the City. Construction shall not commence until the City has approved bonds and insurance.
3. TERMINATION OF CONTRACT.
In the event of the Contractor's failure to prosecute, deliver, or perform the Work as provided for in this Contract, the City may terminate this Contract by notifying the Contractor by certified mail of said termination.
4. STATUS OF THE CONTRACTOR.
The Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Contractor shall confer with the City as required to perform this Contract.
ATTACHMENT A 4 December 15, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.
FOR FY 2025-26 ASPHALT ROADWAY REPAIRS
3 of 12
5. SUBCONTRACTING.
The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract shall create any contractual relations between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City.
6. ASSIGNMENT OF CONTRACT.
The Contractor has no authority or right to assign this Contract or any part thereof or any monies due thereunder to any other party without first obtaining the prior written consent of the City.
7. VERBAL AGREEMENT OR CONVERSATION.
No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract.
8. DISPUTES.
8.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party.
A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.
8.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City to be resolved.
8.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law.
8.4 Pursuant to Public Contract Code Sections 20104 and 9204, a claim by the Contractor for a time extension; payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an ATTACHMENT A 5 December 15, 2025 Item 4
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AND PORTILLO CONCRETE, INC.
FOR FY 2025-26 ASPHALT ROADWAY REPAIRS
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amount the payment of which is disputed by the City, shall be dealt with as follows:
A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.
B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:
1. City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. City shall identify the disputed and undisputed portion(s) of the claim in the written response. If City fails to issue a written statement, the claim is rejected in its entirety.
2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.
3. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
4. Pursuant to Public Contract Code section 9204, any payment on any undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement.
C. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand sent by registered or certified mail, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days after the meet and confer conference, City shall prepare a written statement describing portions of the claim in dispute and the portions of the claim that are disputed.
Mediation Prerequisite: If following the meet and conference the claim or any portion remains in dispute, the parties agree that as a condition precedent to the initiation of litigation, the parties shall submit to non-binding mediation. The parties shall mutually agree to a mediator within ten (10) business days after the City’s response following the meet and confer conference. The parties shall make reasonable attempts to mediate within thirty (30) days of the meet and confer conference. Mediation shall be subject to the following rules:
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AND PORTILLO CONCRETE, INC.
FOR FY 2025-26 ASPHALT ROADWAY REPAIRS
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1. The mediation process shall be administered by a neutral organization agreed to by the parties and shall be confidential subject to Evidence Code Sections 1115 –1128 and 1152.
2. The costs for mediation will be shared equally by all parties. The expenses of witnesses shall be paid by the party producing such witnesses.
3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.
4. The mediation process shall be considered terminated when: (1) in the mediator’s judgment, further efforts at mediation would not contribute to a resolution of the dispute between the parties; or, (2) by the execution of Settlement Agreement, which may be used as the basis for change order or other directive as appropriate; or, (3) written declaration of a party that it will no longer participate in further mediation proceedings.
D. If mediation is unsuccessful, as a prerequisite to filing suit, the Contractor must file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the period of time within which a claim must be filed shall begin from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.
A civil action filed to resolve a claim subject to Section 9.4 of this Contract shall be subject to the provisions of Public Contract Code Sections 20104.4 and 20104.6.
9. HOLD HARMLESS.
9.1 The Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees and agents (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly or indirectly to the acts, omissions or performance of Work by the Contractor or Contractor’s agents, employees, subcontractors, officials, officers or representatives. Upon demand, Contractor shall, at its own expense, defend the City Indemnified Parties from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs, regardless of whether or ATTACHMENT A 7 December 15, 2025 Item 4
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not such a claim, loss or liability is caused in part by a party indemnified hereunder.
9.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.
9.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.
10. RESPONSIBILITY FOR DAMAGE.
10.1 The Contractor shall obtain and maintain in full force and effect during the life of the Contract, contractual liability insurance for bodily injury liability and property damage liability assumed by the Contractor of all claims and lawsuits against the Contractor and his/her subcontractors arising out of or in connection with the Work to be performed. Such insurance as is afforded by the policy to the Contractor for Contractual Property Damage Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called "x" "c" "u" exclusions.
10.2 The Contractor shall maintain vehicle liability, and property damage insurance in the amount of not less than $2,000,000 for one person injured in one accident, and not less than $2,000,000 for two or more persons injured in any one accident, and not less than $2,000,000 with respect to any property damage involved and public general liability insurance in the amount of not less than $2,000,000 each occurrence or in the aggregate.
10.3 Evidence of insurance including Commercial General Liability, Workers’ Compensation, and Automobile Liability in compliance with the above requirements shall be furnished to the City by Certificate of Insurance. Such Certificate of Insurance shall be furnished prior to the commencement of Work under the Contract. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.
10.4 Such insurance shall be issued by a company or companies approved by the City, licensed and listed with "Insurance Organizations Authorized by the Insurance Commissioner to Transact the Business of Insurance in the State of California," and shall have a rating of A- or better.
10.5 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this Contract or otherwise in law.
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FOR FY 2025-26 ASPHALT ROADWAY REPAIRS
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10.6 The Contractor shall arrange for the policies to be so conditioned as to cover the performance of any changes or extra Work which may be required under the Contract.
10.7 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.
10.8 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.
10.9 The Contractor's policies shall contain an Additional Insured Endorsement naming as additional insured the City and its officers, consultants, agents, and employees while on the Project and acting within the scope of their duties. For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
10.10 Prior to commencement of Work under this Contract, the Contractor shall furnish endorsements from each of the insurance companies.
10.11 The Contractor shall reimburse the City and the Engineer for all costs and expenses, including attorney's fees, incurred by said City and the Engineer, in enforcing the provisions of Section 11.0 of this Contract.
11. NOTICES.
Any notices to be given under this Contract, or otherwise, shall be served by certified mail and addressed and delivered as listed below:
City of Del Mar Portillo Concrete, Inc.
Attn: City Clerk Attn: Mario Portillo
1050 Camino del Mar 3527 Citrus Street
Del Mar, CA 92014 Lemon Grove, CA 91945
[email protected] [email protected]
12. LIQUIDATED DAMAGES; EXTENSION OF TIME.
In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of two hundred and fifty dollars ($250) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 3 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, ATTACHMENT A 9 December 15, 2025 Item 4
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including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.
13. PERFORMANCE.
The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
14. CONTRACT AUTHORITY OVER PROPOSAL.
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of the Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the said terms of said Proposal conflicting herewith.
15. CONTRACT DOCUMENTS.
The Contract consists of the following documents, all of which are component parts of the Contract as if herein set out in full, or attached hereto:
1. Contract
2. Worker's Compensation Certificate
3. Modifications to the Standard Specifications: General Provisions, Special Provisions, and Construction Methods
4. Plans & Standard Drawings, Approved Submittals, Exhibits, and Site Photos All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK.
16. ATTACHMENTS.
The following Contract Documents are attached hereto:
A. Scope of Work
B. Worker's Compensation Certificate
17. NON-DISCRIMINATION.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor shall take affirmative ATTACHMENT A 10 December 15, 2025 Item 4
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AND PORTILLO CONCRETE, INC.
FOR FY 2025-26 ASPHALT ROADWAY REPAIRS
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action to ensure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
18. CALIFORNIA LAW; VENUE/MISCELLANEOUS.
This Contract shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Contractt shall be brought in the County of San Diego, California. Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION AND CONTROL ACT OF 1986.
Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
20. NO WAIVER.
No failure of either the City or the Contractor t to insist upon the strict performance by the other of any covenant, term or condition of this Contract, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Contract shall constitute a waiver of any such breach of such covenant, term or condition.
21. SEVERABILITY.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
22. CONFLICTS BETWEEN TERMS.
If an apparent conflict or inconsistency exists between the main body of this Contract and the Exhibits, the main body of this Contract shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Contract, the law, rule, regulation, order, or code shall control.
Varying degrees of stringency among the main body of this Contracts, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Contract.
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CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.
FOR FY 2025-26 ASPHALT ROADWAY REPAIRS
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23. SIGNING AUTHORITY.
The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.
CITY OF DEL MAR, PORTILLO CONCRETE, INC.
a municipal corporation a California Corporation
By: By:
Ashley Jones, City Manager Mario Portillo, President/CEO Date: Date:
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
ATTACHMENT A 12 December 15, 2025 Item 4
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ATTACHMENT A – SCOPE OF WORK
The Contractor will review and confirm priorities at the pre-construction meeting with the City of Del Mar Public Works staff. Work will be sequenced to ensure the highest priority locations are completed first. The anticipated locations of the work are summarized in the table below.
Approximate Location / Nearest Address
4th Street & Camino del Mar Intersection
692 Rimini Road
1205 Rimini Road
2061 Seaview + Berm Repair
242 22nd Street – Water Repair
490 Pine Needles – Tree Roots
1201 Cuchara – Tree Roots
1516 Luneta – Tree Roots
444 Van Dyke – Pothole Repair
27th Street alley – grind & overlay
301 Hidden Pines – uneven pavement
120 Cuchara – tree roots around bend
548 Serpentine – Sinkhole Pothole
720 Camino Del Mar
Other high priority locations, as needed
ATTACHMENT A 13 December 15, 2025 Item 4
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AND PORTILLO CONCRETE, INC.
FOR FY 2025-26 ASPHALT ROADWAY REPAIRS
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ATTACHMENT B - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
CONTRACTOR'S NAME:
ADDRESS:
BOND NO.:
SIGNATURE:
PRINT NAME/TITLE OF SIGNER:
DATE:
ATTACHMENT A 14 December 15, 2025 Item 4
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Nestor Machado, Management Analyst
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: December 15, 2025
SUBJECT: Approval of Encroachment Permit 25-075 – A Request to Retain Existing Unpermitted Planter Walls, Brick Columns, and Associated Improvements within the Public Right-of-Way at 1639 Luneta Drive; Applicant: 1639 LLC REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution (Attachment A) reflecting prior Council direction and making findings to approve a Long-term Major Encroachment Permit (EP) 25-075 to retain existing unpermitted encroachments within the public rightof-way adjacent to 1639 Luneta Drive.
BACKGROUND:
On November 17, 2025, the City Council held a public hearing to consider the Applicant’s request to retain the existing planter walls, brick columns with wood slab fencing, and brick paved driveway apron within the public right-of-way on the south side of the property located at 1639 Luneta Drive. The EP request was initiated by a Code Enforcement violation filed against the Applicant.
After reviewing the submitted materials included with the EP packet, staff determined that three out of the six required findings to approve the EP pursuant to Del Mar Municipal Code (DMMC) Section 23.28.070(C) could not be made. Specifically, staff could not make finding 3 which related to the encroachments not having an adverse impact on the welfare of the community, finding 5 which relates to the EP not being a detriment of the interests of the general public, and finding 6 which relates to the encroachments not converting significant area of public property to private use. Therefore, staff’s recommendation was to deny the request due to the inability to make the required findings pursuant to DMMC Section 23.28.070(C).
At the hearing, the City Council unanimously determined that all six findings could be made to approve EP25-075 and directed staff to return with a revised Resolution 1 December 15, 2025 Item 5
City Council Agenda Report
EP25-075 (1639 Luneta Dr.)
December 15, 2025
approving the request. The Council proposed findings have been included in the revised Resolution (Attachment A), as described in further detail below.
DISCUSSION/ANALYSIS:
Pursuant to DMMC Section 23.28.070, the City Council made the following findings for 3, 5, and 6 in support of the approval of EP25-075 along with staff’s findings in support for 1, 2, and 4:
Finding 1. That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.
The existing planter walls and brick columns have been in place for many years and help retain soil on the property as it sits at a higher elevation than the street due to the topography of the area. City Council approval of the EP will require the removal of the smaller perpendicular wall extension as shown in Attachment B, which will remove a potential pedestrian/vehicular hazard. As a result, the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.
Finding 2. That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.
The planter walls and brick columns extend approximately 6’8” to 10’ into the right-of-way due to the curve of the roadway. Prior to the Applicant’s modification of the planter walls and associated encroachments, miscellaneous vegetation covered the encroachments.
There is no parking on the north side of Luneta Drive including adjacent to the planter walls due to the narrow width of the roadway. As the road is only approximately 20’ wide, no parking signs are posted to ensure fire apparatus and emergency vehicles can safely navigate through. Therefore, the EP will not unreasonably interfere with the intended use of the right-of-way. The EP conditions of approval will require the relocation of the existing “No Parking” sign and perpendicular wall extension (as discussed above), thereby removing encroachments that will further accommodate emergency vehicles along this segment of Luneta Drive.
Finding 3. That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.
The Applicant shall submit design plans to incorporate a rolled curb or similar design along the property frontage, subject to review and approval of the City Engineer, that addresses: 1) the removal of the existing smaller perpendicular wall installed by the Applicant; and 2) any required drainage improvements. Therefore, the issuance of the EP will not have an adverse impact on the welfare of the community. Furthermore, the City Council finds that the street frontage asphalt pavement improvements will minimally 2 December 15, 2025 Item 5
City Council Agenda Report
EP25-075 (1639 Luneta Dr.)
December 15, 2025
widen the street compared to the previous condition that consisted solely of vegetation in the right-of-way, thereby improving the community appearance or aesthetics.
Finding 4. That the issuance of the EP will not cause an unnecessary change in the character of the community.
The issuance of the EP to retain the planter walls, brick columns, and associated improvements would not change the character of the community, because these encroachments have been in place for many years and are characteristic of other encroachments in the area.
Finding 5. That the issuance of the EP will not be to the detriment of the interests of the general public.
As mentioned above in finding 3, the Applicant is required to remove the smaller perpendicular wall and submit design plans subject to the approval of the City Engineer to address the flow of stormwater and drainage onto the street, thereby eliminating a potential safety hazard that would be a detriment of the interests of the general public. In addition, the modification of the planter wall, brick columns, and wood slab fencing have created a visually appealing encroachment that provides a public benefit to the community.
Finding 6. The proposed Encroachment will not convert significant area of public property to private use.
Retaining the existing encroachments will not convert significant area of public property to private use. The modified planter walls and associated encroachments are an extension of the front yard of the property and the replacement of vegetation with asphalt paving restores public use of the area, since the brick columns and wooden rail fencing are visually more appealing and give the street more openness.
The revised Resolution approving this EP includes numerous conditions to protect the City’s interests. Conditions include revocation of the permit should the City determine there is a need for that portion of the right-of-way in the future and recordation of a covenant against the deed for the property benefited by the approved EP. The recorded covenant includes the requirement for the Applicant’s maintenance/responsibility of the encroachments and removal of the encroachments upon demand by the City. In addition, the EP includes conditions to remove the smaller perpendicular wall and that the Applicant work with the City to determine a viable solution for effective stormwater runoff due to the removal of the smaller perpendicular wall per City Council direction.
FISCAL IMPACT:
3 December 15, 2025 Item 5
City Council Agenda Report
EP25-075 (1639 Luneta Dr.)
December 15, 2025
There is no fiscal impact or action to be taken by the Council related to this agenda item, as this is a private development proposal. All fees associated with entitlement processing are paid for by the Applicant.
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15301(Class 1 – Existing Facilities), in that the Project proposes retention of an existing retaining wall. Further, it has been determined that none of the six exceptions to the use of a Categorical Exemption are applicable because the project will not generate any significant environmental impacts. (See: Guidelines Section 15300.2).
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not included on the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A – Resolution Approving EP25-075
Attachment B – Photograph of Perpendicular Wall to be Removed Attachment C – November 17, 2025, Agenda Report
4 December 15, 2025 Item 5
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT 25-
075 TO PERMIT EXISTING PLANTER WALLS, BRICK COLUMNS,
AND ASSOCIATED IMPROVEMENTS WITHIN THE PUBLIC
RIGHT-OF-WAY ON THE SOUTH SIDE OF THE PROPERTY AT
1639 LUNETA DRIVE (APN: 299-220-44-00) IN DEL MAR,
CALIFORNIA
WHEREAS, the City of Del Mar (City) is the owner of the public right-of-way; and WHEREAS, 1639 LLC (Applicant) has filed an application for an Encroachment Permit (EP25-075) seeking approval to permit existing planter walls, brick columns, wood slab fencing, and a smaller perpendicular wall within the public right-of-way, adjacent to 1639 Luneta Drive (Project); and
WHEREAS, the property does not have an approved Encroachment Permit for the existing planter walls and associated improvements within the public right-of-way on the south side of the property; and
WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any private improvements within the public right-of-way; specifically, any improvements that extend at least 12 inches above the level of the sidewalk, roadway, or adjacent grade require City Council approval; and WHEREAS, DMMC Section 23.28.070 specifies that an Encroachment Permit may be approved or conditionally approved only if the City Council makes all of the findings set forth in Section 23.28.070(C) as noted in the below; and WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), this project is listed among the classes of projects determined to have less than significant adverse effect on the environment and, therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Class 1 – Existing Facilities in that the project proposes to permit an existing retaining wall and associated improvements; and WHEREAS, on November 17, 2025, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
WHEREAS, at the November 17, 2025, City Council meeting, the City Council approved the request to permit the existing encroachments and directed staff to return with an approval resolution for the encroachments; and
WHEREAS, oral and written evidence was submitted and considered to include without limitation:
Attachment A 5 December 15, 2025 Item 5
Resolution 2025-XX
a. Drawings developed by the Applicant;
b. Written information submitted with the application;
c. Agenda Report, dated November 17, 2025, and December 15, 2025, incorporated by reference as though fully set forth herein; and d. Additional information submitted and testimony provided during the hearing on November 17, 2025.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP25-075 is hereby approved based on the following findings in DMMC Chapter 23.28.070(C):
Findings:
1. The existing planter walls and brick columns have been in place for many years and help retain the soil on the property as it sits at a higher elevation than the street due to the topography of the area. City Council approval of the EP will require the removal of the smaller perpendicular wall extension thereby, removing a potential pedestrian/vehicular conflict. As a result, the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.
2. The planter walls and brick columns extend approximately 6’8” to 10’ into the rightof-way due to the curve of the roadway. Prior to the Applicant’s modification of the planter walls and associated encroachments, miscellaneous vegetation covered the encroachments. There is no parking on the north side of Luneta Drive including adjacent to the planter walls due to the narrow width of the roadway. As the road is only approximately 20’ wide, no parking signs are posted to ensure fire apparatus and emergency vehicles can safely navigate through. Therefore, the EP will not unreasonably interfere with the intended use of the right-of-way. The EP Conditions of approval will require the relocation of the existing “No Parking” sign and perpendicular wall extension, thereby removing encroachments which will further accommodate emergency vehicles along this segment of Luneta Drive.
3. The Applicant shall submit design plans to incorporate a rolled curb or similar design along the property frontage subject to review and approval of the City Engineer that addresses: 1) the removal of the existing smaller perpendicular wall installed by the Applicant; and 2) any required drainage improvements. Therefore, the issuance of the EP will not have an adverse impact on the welfare of the community. Furthermore, the City Council finds that the frontage asphalt pavement improvements provide minimally improved street width in lieu of the previous condition of vegetation, thereby improving the community appearance or aesthetics.
4. The issuance of the EP to retain the planter walls, brick columns, and associated improvements would not change the character of the community, because these encroachments have been in place for many years and are characteristic of other encroachments in the area.
Attachment A 6 December 15, 2025 Item 5
Resolution 2025-XX
5. As mentioned above in finding 3, the Applicant is required to remove the smaller perpendicular wall and submit design plans subject to the approval of the City Engineer to address the flow of stormwater and drainage onto the street therefore, eliminating a potential safety hazard that would be a detriment of the interests of the general public. In addition, the modification of the planter wall, brick columns, and wood slab fencing have created a visually appealing encroachment that provides a public benefit to the community.
6. Retaining the existing encroachments will not convert significant area of public property to private use. The modified planter walls and associated encroachments are an extension of the front yard of the property and the replacement of vegetation with asphalt paving restores public use of the area, since the brick columns and wooden rail fencing are visually more appealing and give the street more openness.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council that approval of EP25-075 shall be subject to the following conditions:
Document Conditions:
DC-1 [Recordation of a Covenant]
Within sixty (60) days of final EP approval, the applicant shall record a covenant (at the applicant’s expense) against the deed for the property benefited by the approved Encroachment Permit setting forth the terms and conditions of the Permit, including the requirement for applicant’s maintenance/responsibility and removal of the encroachment upon demand by the City. The covenant shall run with the land and shall be binding on future owners and assigns. The form and content of the covenant shall be to the satisfaction of the City Attorney and City Manager.
Special Conditions:
SP-1 [Encroachment Permit Revocation]
At the City’s discretion, the Encroachment Permit may be revoked at any time and the property owner will be required to remove the private improvement from the City right-of-way.
SP-2 [Removal of Smaller Perpendicular Wall]
The Applicant is required to remove the smaller perpendicular wall extending approximately 2’ beyond the parallel wall. The Applicant shall also remove, and relocate the existing, “No Parking Sign” at the discretion of the City Engineer.
SP-3 [Design Review Permit]
The Applicant shall obtain a design review permit and submit design plans that incorporate a rolled curb or similar design along the property frontage, subject to review and approval of the City Engineer, in order to remedy the removal of the Attachment A 7 December 15, 2025 Item 5
Resolution 2025-XX
smaller perpendicular wall for effective stormwater runoff. The design plans shall also address on site drainage to ensure compliance with the Del Mar Municipal Code standards.
General Encroachment Conditions:
GEP-2 [EP – Indemnification]
By accepting this permit and implementing the development authorized herein, the applicant agrees to indemnify, defend and save the City of Del Mar, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application or by reason of the permittee's installation, operation, maintenance or removal of the encroachment.
GEP-3 [EP - Removal of improvements]
The applicant agrees that if any structure, tank, pipe, conduit, duct, tunnel, or other development for which this permit is issued is, at any point in the future, determined by the City to interfere with the use, repair or improvement of the subject right-of-way, the applicant or his or her successors or assigns, shall remove the development within ten (10) days after the receipt of a written notice from Public Works to do so.
The removal shall be accomplished at the expense of the applicant or his or her successors or assigns and shall be removed or relocated to the satisfaction of the Public Works Department.
A) If an unknown underground facility is encountered, work shall cease immediately, and both the City Engineer’s office, Public Works and the utility believed to own the facility shall be notified. Work shall not proceed until permission is granted by the City Engineer’s office and a solution to the underground obstruction is resolved by the Engineer of Work.
GEP-4 [EP - Compliance with Conditions]
The applicant hereby agrees to do all work and otherwise comply with the terms and conditions of this permit, and all applicable rules and regulations of the City of Del Mar and/or other public agency.
GEP-5 [EP - Revocation of permit due to noncompliance with conditions] This permit may be revoked by the City if noncompliance is noted to the applicant and satisfactory action is not taken by the applicant or his/her agents to achieve compliance within twenty-four (24) hours of notice.
GEP-7 [EP - Permit Expiration/Potential for Permit Extension] This permit and the authorization for use/work within a City right-of-way herein granted shall expire one year from the date of approval, on December 15, 2026. The permittee may request a single Extension of Time of an approved Encroachment Attachment A 8 December 15, 2025 Item 5
Resolution 2025-XX
Permit by submitting a written request to the City Manager setting forth the reason that substantial work on the permit cannot be commenced by the scheduled expiration date. The City Manager shall grant the extension unless he/she determines that there has been a change in circumstances since the time of the original grant of the permit which would create an inconsistency between the proposed encroachment and the provisions of DMMC Chapter 23.28. No extension shall be granted for a period greater than one (1) year.
GEP-9 [EP - Compliance with CAL-OSHA]
The permittee shall obey and enforce all safety orders, rules, regulations, and recommendations of the Department of Industrial Relations of the State of California, CAL-OSHA, applicable to the work and shall comply with all applicable laws, ordinances, codes, and regulations. Any omission on the part of the City Engineer’s office to specify protective measures or devices in the Encroachment Permit shall not excuse the permittee from complying with all applicable requirements of law.
GEP-10[EP - Timely Performance of Work]
If any part of the work performed under an Encroachment Permit is not completed within the period indicated in either the submitted application materials or the conditions of approval of the Encroachment Permit, the City may notify the person performing the work, in writing, to complete the work within forty-eight (48) hours thereafter, legal holidays excepted. If the work is not completed within this time period, the Public Works shall have full power to perform the work, including such measures as will restore the disturbed area to a safe and passable condition until the work can be completed. The cost thereof, including any inspection and administrative overhead costs incurred by City, shall be assessed against the permittee.
GEP-11[EP - Compliance with City Codes and Permit Conditions] Any person violating any provisions of or failing to comply with any of the requirements of this Permit or of DMMC Chapter 23.28 shall be subject to the enforcement provisions set forth in DMMC Chapters 1.08 and 30.98.
GEP-12[EP - Change of Permit Conditions at Direction of the City] The City retains the right to change conditions of this Permit granted and order the relocation or adjustment of lines, manholes, fixtures, and apparatus hereby allowed to be installed, whenever, in the opinion of the City, this becomes necessary; and desirable. In the event that such an order is made, all changes required pursuant thereto shall be made at the sole expense of the Permittee.
GEP-15[EP - No Transfer in Property Interest]
The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership or interest held by the City over the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.
Attachment A 9 December 15, 2025 Item 5
Resolution 2025-XX
GEP-17[EP - Improvements Subject to Compliance with ADA Accessibility Requirements] The applicant shall be responsible for ensuring that all improvements are implemented in compliance with the applicable provisions of the Americans with Disability Act (ADA). Information about requirements for complying with ADA requirements can be gained from the following website: http://www.accessboard.gov/adaag/html/adaag.htm GEP-20[EP – Cleanup, Backfilling and Compaction]
Cleanup, backfilling, and Compaction shall be as follows:
a) Cleanup After Completion - Immediately after completion of the work, the permittee shall cleanup and remove all materials, earth and debris of any kind.
If the permittee fails to do so within 24 hours after having been notified to do so by the City, the work may be done by the city and the permittee charged the costs of such work. When a pole, guy-stub or similar timber is removed and not replaces, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.
b) Backfilling and compaction – Backfilling and compaction of an excavation of an evacuation shall be in accordance with the Standard Specifications for Public Works Construction (Sections 301 and 306), as well as any special standards established by the City. Backfilling shall be completed before the end of the workday. No open trenches shall be left after normal working hours. c) Restoration of right-of-way - upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way by replacing, repairing or rebuilding it in accordance with the specifications or any specific requirements, but not less than to its original condition before the encroachment work was commences. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the City. When the excavation occurs within an area already paved, the city may make the necessary restoration. The permittee can be notified or can respond to notification; the City may make the necessary restoration. The permittee shall reimburse the City in accordance with the costs of such work.
All work shall be in accordance with City standards and Public work Standard Specifications for Construction (Green Book Section 302 and 306.).
GEP-22[EP – Construction Staging Area]
Proposed locations of construction staging areas shall be approved by the City.
Any construction staging area proposed outside of the public right-of-way shall be disallowed unless the Permittee has secured the prior written approval of the owner.
Attachment A 10 December 15, 2025 Item 5
Resolution 2025-XX
Public Works Conditions:
PW-1 [Notification prior to and after Completion of Work] The applicant agrees to notify the Public Works representative at least forty-eight (48) hours in advance of time when work authorized in this permit will be started.
Applicant shall state the EP number, original date of approval and a short description of the work. Additionally, upon completion of the work, the applicant agrees to immediately notify the Public Works representative of such completion.
Any improvement or modification of the right-of-way shall be subject to inspection and approval of work from the Public Works representative. The permittee shall be responsible for contacting Guillermo Landoni with MBI at [email protected].
PW-17[Public Works Inspection]
Permittee shall schedule inspections with the Public Works, through MBI at [email protected] at least 24 hours prior to need as follows:
a. Sidewalk, Driveway, Curb and Gutter and other Concrete Work Pre-pour and Final b. Street Excavation T-Cut and Final
c. Sewer Lateral Capping during Demolition and New Lateral Connection to Main d. Water- Cross Connection Inspection prior to final.
e. All Other Encroachment Activity Final
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 15th day of December 2025. ____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
City of Del Mar
Attachment A 11 December 15, 2025 Item 5
Resolution 2025-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 15th day of December 2025, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment A 12 December 15, 2025 Item 5
Attachment B 13 December 15, 2025 Item 5
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Nestor Machado, Management Analyst
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: November 17, 2025
SUBJECT: Encroachment Permit EP25-075 – A Request to Retain Existing Unpermitted Planter Walls, Brick Columns, and Associated Improvements within the Public Right-of-Way at 1639 Luneta Drive
Applicant: 1639 LLC
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council adopt the attached Resolution (Attachment A) denying a Long-term Major Encroachment Permit (EP) 25-075 to retain the existing unpermitted planter walls and brick columns with wood slab fencing on the east and west sides of the property located at 1639 Luneta Drive that are located within the public right-of-way based on non-compliance with the Del Mar Municipal Code (DMMC) and City Council Policy 110 (Private Encroachments into City Rights-of-Way).
BACKGROUND:
On June 4, 2025, Code Enforcement Case No. CE25-097 was opened due to the construction of improvements on the property located at 1639 Luneta Drive without required City authorizations. In reviewing the case, staff observed that an existing planter wall and brick columns with wood slab fencing on the southwest and southeast sides of the property encroaches approximately 6’8” to 10’ into the public right-of-way (ROW).
Staff found no record that the encroachments were authorized by the City. To remedy the code violation and come into compliance with City regulations, the property owner (Applicant) must apply for an EP to retain the existing unpermitted walls and brick columns or remove the unpermitted encroachments from the public right-of-way. Additionally, the Applicant must obtain an Administrative Design Review Permit for the proposed improvements per DMMC 23.08.035(A)(2).
The property at 1639 Luneta Drive contains a single unit residence with driveway access from Luneta Drive. The surrounding properties are also developed with single-unit residences. This portion of Luneta Drive has a gradual downhill slope from the east to the Attachment C 14 December 15, 2025 Item 5
City Council Agenda Report
EP25-075 (1639 Luneta Dr.)
November 17, 2025
west, and the dedicated right-of-way is approximately 32 feet in width. However, the paved street is only approximately 20 - 22 feet wide.
The Applicant has submitted an EP application to retain the unpermitted walls, brick columns, wood slab fence, and to authorize newly installed brick pavers within the driveway apron. As shown in the plans in Attachment B, the planter wall on the west side of the driveway apron extends approximately 10 feet into the right-of-way including the smaller wall perpendicular to Luneta Drive. The entire wall structure runs for approximately 28 feet along Luneta Drive. This wall and brick column varies from 3”-5” to 8’ in height due to the gradual slope of the right-of-way. In addition, it appears that this wall was modified throughout the construction process without obtaining permits when comparing images of the property history using Google street view. Photographs of the existing wall and prior conditions are included as Attachment C and a vicinity map depicting where the site is located is included as Attachment D.
The wall on the east side of the driveway apron is approximately 9’ in length and extends approximately 6’ 8” inches into the right-of-way. This wall varies from 6” -10” in height due to the gradual slope of the right-of-way. Previously, the walls along Luneta Drive had miscellaneous vegetation that covered the encroachments as shown in the November 2020 Google street image in Attachment C. However, this vegetation was removed, and it appears that the planter walls, brick columns, and wood slab fence were modified and refinished as part of the unpermitted improvements occurring at the property. The new planter walls appear to be at a higher elevation and encroach further out into the public right-of-way than shown in prior street view images.
DISCUSSION/ANALYSIS:
In accordance with DMMC §23.28.020, a Long-term Major EP is defined as any improvement designed to or having a permanent appearance and intended for use for a period of 365 days or more and includes, but is not limited to, structures or portions thereof, balconies, cornices and other architectural projections, awnings, below grade vaults, earth-retaining structures extending 12-inches or more in height above the adjacent grade, planter boxes, ramps, fences or walls, and curbs extending 12-inches or more in height above the adjacent grade.
Required Findings
Pursuant to DMMC §23.28.070, there are six (6) required findings to approve a Longterm Major EP that generally relate to public safety, intended use of the right-of-way, community character, aesthetics, and conversion of public land for private use. An EP shall only be approved if the City Council can make all six findings:
Finding 1: That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.
15 December 15, 2025 Item 5
City Council Agenda Report
EP25-075 (1639 Luneta Dr.)
November 17, 2025
Finding 2: That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.
Finding 3: That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.
Finding 4: That the issuance of the EP will not cause an unnecessary change in the character of the community.
Finding 5: That the issuance of the EP will not be to the detriment of the interests of the general public.
Finding 6: The proposed Encroachment will not convert significant area of public property to private use.
Staff has determined that findings 1, 2, and 4 could be made to allow the existing encroachments. However, retaining the low wall on the west side of the driveway that is perpendicular to Luneta Drive presents a public safety issue because that portion of the wall is a trip hazard. This hazard is present because the perpendicular wall extends beyond the wall that runs parallel to Luneta Drive where members of the public are likely to traverse. Therefore, it may have an adverse impact on the welfare of the community.
Accordingly, Finding 3 that states …will not have an adverse impact on the welfare of the community, cannot be made.
Moreover, retaining the existing encroachments will convert significant area of public property to private use. As mentioned above, the planter wall and brick columns with wood slab fencing encroach approximately 6’8” to 10’ into the public right-of-way. While no parking is allowed on the north side of Luneta Drive, the planter walls reduce the potential width of the street by approximately 12’. Should the City need to widen the street in the future, the encroaching walls would inhibit the widening of the street to the detriment of public interest. For this reason, Finding 5 that states …will not be to the detriment of the interests of the general public, cannot be made. Further, given the significant structural nature and appearance of the walls and columns, these improvements give the impression that the area behind the walls is private property. Therefore, Finding 6 that states …will not convert significant area of public property to private use, also cannot be made.
Finally, allowing the existing planter walls and associated encroachments to remain would be inconsistent with City Council Policy 110 (Attachment E), which states “Encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the Community.” The existing planter walls would result in a permanent fixture that would be difficult to remove if the City exercises 16 December 15, 2025 Item 5
City Council Agenda Report
EP25-075 (1639 Luneta Dr.)
November 17, 2025
its right to modify the use of the area subject to the EP. Therefore, allowing these unpermitted encroachments to remain is inconsistent with Council Policy 110.
Given the unpermitted encroachments’ non-compliance with findings required by DMMC Chapter 23.28 and with City Council Policy 110, staff recommends that the EP be denied.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the Council related to this agenda item, as this is a private development proposal. All fees associated with entitlement processing are paid for by the Applicant.
ENVIRONMENTAL IMPACT:
In accordance with requirements of the California Environmental Quality Act (CEQA), the City Council’s action to reject or disapprove a project is statutorily exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15270(a). Therefore, environmental review would not be required for the proposed encroachment permit.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not included in the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A – Resolution Denying EP25-075
Attachment B – Plans
Attachment C – Photographs of Encroachments
Attachment D – Vicinity Map
Attachment E – City Council Policy 110
17 December 15, 2025 Item 5
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, DENYING ENCROACHMENT PERMIT 25-075
REQUESTING TO RETAIN EXISTING PLANTER WALLS, BRICK
COLUMNS, AND ASSOCIATED IMPROVEMENTS WITHIN THE
PUBLIC RIGHT-OF-WAY ON THE SOUTH SIDE OF THE
PROPERTY AT 1639 LUNETA DRIVE (APN: 299-220-44-00) IN
DEL MAR, CALIFORNIA
WHEREAS, the City of Del Mar (City) is the owner of the public right-of-way; and WHEREAS, 1639 LLC, (Applicant) have filed an application for an Encroachment Permit (EP25-075) seeking approval to retain existing planter walls, brick columns, and wood slab fencing within the public right-of-way (Project); and WHEREAS, on June 4, 2025, Code Enforcement Case No. CE25-097 was opened due to the construction of improvements on the property located at 1639 Luneta Drive without required City authorizations; and
WHEREAS, the property does not have an approved Encroachment Permit for the existing planter walls, brick columns, and wood slab fencing within the right-of-way on the south side of the property; and
WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any private improvements within the public right-of-way; specifically, any improvements that extend at least 12 inches above the level of the sidewalk, roadway, or adjacent grade require City Council approval; and WHEREAS, DMMC Section 23.28.070 specifies that an Encroachment Permit may be approved or conditionally approved only if the City Council makes all the findings set forth in Section 23.28.070(C) as noted in the below; and
WHEREAS, City Council Policy 110-Private Encroachments into City Rights-of-Way memorializes the City Council’s position on which types of private encroachments are compatible with and enhance the public areas that City rights-of way represent and, conversely, which types of encroachments are inappropriate because they would change the character and public perception of a right-of-way area to one of being under private ownership and/or benefit rather than being a public space; and WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), the City Council’s action to reject or disapprove a project is statutorily exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15270(a).
Therefore, environmental review would not be required; and WHEREAS, on November 17, 2025, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
18 December 15, 2025 Item 5
Resolution 2025-XX
WHEREAS, oral and written evidence was submitted and considered to include without limitation:
a. Plans developed by the Applicant;
b. Written information submitted with the application;
c. Agenda Report, dated November 17, 2025, incorporated by reference as though fully set forth herein; and
d. Additional information submitted, and testimony provided during the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP25-075 is hereby denied based on the following findings in DMMC Section 23.28.070 (C):
1. DMMC Section 23.28.070(C) requires the City Council to make all six findings in this section, which include 23.28.070(C)(3), “That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics”, 23.28.070(C)(5), “That the issuance of the EP will not be a detriment of the interests of the general public”, 23.28.070(C)(6), “The proposed Encroachment will not convert significant area of public property to private use.” The smaller wall on the west side of the driveway that is perpendicular to Luneta Drive, presents a potential safety issue in the form of a trip hazard and therefore does not meet DMMC 23.28.070(C)(3). This perpendicular wall extends beyond the parallel wall and may have an adverse impact on the welfare of the community and, therefore, Finding 3 cannot be made. Moreover, retaining the existing encroachments will convert significant area of public property to private use. The planter walls, brick columns, and wood slab fence encroach between approximately 6’8” and 10’ into the public right-of-way. While no parking is allowed on the north side of Luneta Drive, the planter walls reduce the potential width of the street by approximately 12’. Should the City need to widen the street in the future, the encroaching walls would be a limiting factor and would inhibit the widening of the street to the detriment of the public interest. For this reason, finding 5 cannot be made. Further, given the structural nature of the walls and columns, the improvements would give the impression that the area behind the walls is private property and, therefore, Finding 6 cannot be made.
2. Allowing the existing planters walls to remain would be inconsistent with City Council Policy 110 (Attachment E), which states “Encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the Community” these planters appear as private in nature and may impede the public’s use of this area.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that EP25- 075 is denied.
19 December 15, 2025 Item 5
Resolution 2025-XX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 17th day of November 2025. ____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of November 2025, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
20 December 15, 2025 Item 5
16'-0"
17'-10"
8'-0"
5'-6"
6'-3"
6'-8"
2'-9"
4'-0"
PROPERTY LINE 57.10'
LUNETA DR.
WM
(N) PAVERS
PLANTER
(N) CONCRETE DRIVEWAY
36" WOOD
GATE
INDICATES
PLANTER
(N) 36" BLO
CK W
ALL W/ BRICK C
AP
(N) 42" TALL X 16" SQ. BRICK COLUMNS W/
CONC. CAP
W/ 4-4X4 RAILS IN
BETWEEN
(N) 42" TALL X 16" SQ. BRICK
COLUMNS W/
CONC. CAP
W/ 2-4X4 RAILS IN
BETWEEN
36" WOOD
GATE
(E) 48" BLO
CK W
ALL
PLANTER
NEIGHBOR'S
DRIVEWAY
(E) 12" WIDE CONC/ROCK
CURB - HEIGHT VARIES
(E) 12" WIDE CONC/ROCK
CURB - HEIGHT VARIES
CL
NEIGHBOR'S
DRIVEWAY
DRAINAGE FLOW
AVENIDA PRIMAVERA
ZUNI DR.
15TH ST.
LUNETA
DR.
SITE
CAMINO DEL MAR 1639 LUNETA DR.
A L E X F A U L K N E R D E S I G N S
1717 S. NEVADA ST. OCEANSIDE, CA 92054
ENCROACHMENT PLAN
SCALE: 1"=10'- 0" N
PROJECT DESCRIPTION:
OBTAIN AN ENCROACHMENT
PERMIT FOR PREVIOUSLY BUILT
RAISED PLANTERS AND PAVER
STRIP.
VICINITY MAP
OWNERS:
1639 LLC
1639 LUNETA DR. DEL MAR CA 92014
PLANS PREPARED BY:
ALEX FAULKNER
1717 S. NEVADA ST. OCEANSIDE CA, 92054
760-809-8772
[email protected]
21 December 15, 2025 Item 5
5'-6"
PROPERTY LINE 57.10'
1/2 WINE
BARREL
(N) 36" BLO
CK W
ALL W/ BRICK C
AP AGAVE
WOOD MULCH W/ TRAILING
ROSEMARY GROUND COVER TYP.
(E) 48" BLO
CK W
ALL
VARIEGATED DWARF SMOOTH AGAVE
AGAVE DESMETTIANA 'VARIEGATA'
TRAILING ROSEMARY
SALVIA ROSMARINUS 'PROSTRATUS'
AGAVE
CL
5'-6"
PROPERTY LINE 57.10'
T.W. 4.75'
B.W. 2.5'
B.W. 0'
T.W. 4'
(N) 36" BLO
CK W
ALL W/ BRICK
T.W. .75' B.W. .5'
T.W. 4.5'
B.W. 1.25'
T.W. 3' T.W. 3' T.W. 3'
(E) 48" BLO
CK W
ALL
T.W. 3'.75'
B.W. 4.75'
B.W. 4'
T.W. 5.25'
B.W. 3.5'
B.W. 3.75'
CL
1639 LUNETA DR.
A L E X F A U L K N E R D E S I G N S
1717 S. NEVADA ST. OCEANSIDE, CA 92054
PLANTS WILL BE WATERED W/ GARDEN HOSE
WALL ELEVATION PLAN
SCALE: 1"=10'- 0"
PLANTING PLAN
SCALE: 1"=10'- 0"
N
N
22 December 15, 2025 Item 5
23 December 15, 2025 Item 5
24 December 15, 2025 Item 5
25 December 15, 2025 Item 5
26 December 15, 2025 Item 5
1639 Luneta Dr. Vicinity Map
1'' = 98 ft 11/07/2025
This map may represent a visual display of related geographic information. Data provided here is not a guarantee of actual field conditions. To ensure complete accuracy, please contact the responsible staff for the most up-to-date information. 27 December 15, 2025 Item 5
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
110 PRIVATE ENCROACHMENTS INTO CITY RIGHTSOF-WAY
DATE ADOPTED: 10/19/15
BY RESOLUTION: 2015-67
PAGES: 1 OF 2
POLICY
This policy memorializes the City Council’s position on which types of private encroachments are compatible with and enhance the public areas that City rights-of-way represent and, conversely, which types of encroachments are inappropriate because they would change the character and perception of a right-of-way area to one of being under private ownership and/or benefit rather than being a public space.
Appropriate Uses of City Rights-of-Way or Easements
There are numerous circumstances in Del Mar where an improved (paved) section of a City right-of-way is narrower that the width of the right-of-way itself. This results in an area of unimproved right-of-way adjacent to private property. In many cases, the owner of the adjacent property, or designee, proposes to install landscaping and other landscape-related improvements in the unimproved portion of the right-of-way. This has the beneficial effect of beautifying the area adjacent to the paved roadway, without the City having to bear the costs for installing or maintaining the improvements. These are generally considered to be an appropriate use of a right-of-way but still subject to review under the Encroachment Permit process.
There are also circumstances where an encroachment is proposed as a means to provide a driveway or entry path across the unimproved right-of-way between the paved section of the right-of-way and the adjacent private property. These too are deemed an appropriate and justifiable use of a City right-of-way or easement. Such proposals are generally approved, unless it is determined that the proposed encroachment would:
1. Present a public health or safety hazard, such as:
a) Creating a trip hazard or other impediment to pedestrians b) Creating an unsafe line of sight for pedestrians or motorists c) Interfering with or not accommodating safe pedestrian passage (retention/provision of a continuous, minimum five-foot-wide “safe harbor” along the edge of the paved roadway is the standard applied by the City);
2. Result in a loss of on-street public parking;
3. Be inconsistent with the City’s planned use for the area;
4. Result in a wholesale change in appearance or use of the area, to the detriment of the community;
5. Interfere with development or use on an adjacent public or private property;
6. Result in a permanent feature (e.g., stone wall or reinforced structure) that would be difficult to remove if the City exercises its right to modify the use of the area subject to the Encroachment Permit
28 December 15, 2025 Item 5
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
110 PRIVATE ENCROACHMENTS INTO CITY RIGHTSOF-WAY
DATE ADOPTED: 10/19/15
BY RESOLUTION: 2015-67
PAGES: 2 OF 2
Inappropriate Proposals for Use of a Right-of-Way or Easement It is the City’s policy that proposals for development encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the community.
Examples of such inappropriate encroachments include: fences, hedges, or vegetation that would create the impression that the “walled-off” area is private vs. public property; and pools, spa or other amenities that would be used primarily for the benefit of the adjacent property, rather than for the public at large.
29 December 15, 2025 Item 5
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Marco Camacho, Finance Manager/Treasurer
Kseniia Izgarskaia, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: December 15, 2025
SUBJECT: Approval of an Agreement with Tyler Technologies for ERP Pro Software as a Service
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a Software as a Service (SaaS) Agreement between the City of Del Mar and Tyler Technologies, Inc. (Attachment A) for the implementation of a new Enterprise Resource Planning system; and 2) Authorize the City Manager to negotiate and execute the final Agreement, in consultation with the City Attorney, and any subsequent amendments provided for under the Agreement contingent upon satisfactory performance by the vendor.
BACKGROUND:
An Enterprise Resource Planning (ERP) system is an integrated software system that helps organizations automate and manage core business processes for optimal performance. An ERP solution serves as the vital financial information system used to record and manage all financial records and minimize risk by improving financial controls and compliance with regulatory requirements, and government accounting and audit standards. An integrated ERP system offers a comprehensive solution to help organizations manage day-to-day administrative activities, such as accounting, procurement, utility billing, budgeting, cashiering, payroll, financial reporting, and human resources.
The City’s current financial information system Eden was implemented in Fiscal Year 2000. Eden is a product by Tyler Technologies, Inc. (Tyler) and is used by the City for multiple functions including budgeting, general ledger, payroll, accounts receivable, accounts payable, utility billing, purchase orders, and finance reporting. Eden is scheduled to sunset in March 2027 and will no longer be supported or maintained by Tyler. After this time, the City will no longer receive updates for required reports, compatibility with new client and server operating systems, security patches, or support, which could increase operational risks and security vulnerabilities associated with operating outdated or end-of-life software.
1 December 15, 2025 Item 6
City Council Agenda Report
Agreement with Tyler Technologies for ERP Pro Software as a Service December 15, 2025
Additionally, Eden has become outdated in its functional capabilities making this is a good time and a prudent decision for the City to replace its current financial software with a more robust ERP system that will help improve efficiency and streamline internal and external business processes. During the last twenty years, the functionality and technological advances in various ERP solutions available on the market have grown exponentially. The implementation of a new ERP system will reduce manual data entry, streamline workflows, improve reporting, integrate multiple software products into a single system, and reduce the City’s reliance on paper. The new ERP system will also enhance public services through an integrated customer portal for online utility billing and a mobile utility service request application for Public Works. It also includes an employee selfservice module for managing payroll and benefits, as well as a comprehensive Work Order and Asset Management system to track maintenance of City assets such as water and sewer infrastructure and facilities.
DISCUSSION/ANALYSIS:
In November 2024 the City issued a Request for Proposals (RFP) 2024-09 soliciting proposals from qualified software vendors, systems integrators, and implementation partners to provide rights to use an ERP system and provide related implementation and support services for the City. The goal of the RFP process was to identify a new integrated ERP solution at a reasonable cost that would allow the City to benefit from a modern system that is designed around best practices, allowing the City to streamline business processes that result in timely, accurate, and easy-to-access information, and improve community services.
The City received eight proposals which were subsequently evaluated by staff based on several criteria, including but not limited to: technical competence, responsiveness to the RFP, clarity and organization of the proposal, and cost. A series of meetings and demonstrations were conducted with the top firms and subject matter expert staff to further appraise the proposals, costs, modules, capabilities, and functionality of each ERP solution.
Based on a diligent review of the top proposals, series of interviews and demonstrations, and references received from other client agencies, staff is recommending that the City enter into an agreement with Tyler Technologies for their ERP Pro Software for an initial three-year period, with an option to extend the agreement for an additional two-year period. The total cost of the proposed contract includes $129,478 in one-time costs and $91,063 in annual recurring costs, starting in FY2025-26. Thereafter, annual maintenance and support costs would increase by 5% per year for two additional years (years 4 and 5).
Tyler has a long history of providing quality technology solutions to the public sector. They implement their own projects to provide better service to their customers at a much lower cost, and to identify best practices of the public sector to their customers. Tyler is also known for their “Evergreen Development” philosophy through which they will provide all future enhancements including platform changes to the Tyler solution to the City as part 2 December 15, 2025 Item 6
City Council Agenda Report
Agreement with Tyler Technologies for ERP Pro Software as a Service December 15, 2025
of its annual maintenance agreement without additional re-licensing fees. The company has partnered with Amazon Web Services (AWS) for their SaaS and hosted solutions providing a simple way to access servers, storage, databases, and a broad set of applications services over the internet.
Additionally, Tyler administers modifications by solution product and not by client. This means existing clients on annual maintenance benefit from product improvements enhancing functionality initiated by new clients. Another key advantage of continuing a partnership with Tyler is their experience with data conversion, specifically from the Tyler Eden system the City currently uses. The decision to upgrade from one solution to another from the same company is both cost-effective and beneficial to the City since data conversion from a legacy system to a new ERP system can be the most time-critical element of the project implementation plan.
To give the City time and flexibility to negotiate favorable terms, it is recommended that the City Council authorize the City Manager to continue negotiating a final agreement with Tyler Technologies, in consultation with the City’s expert consultant from the Government Finance Officers Association (GFOA) and the City Attorney. The final agreement will be substantively similar to the version presented in this agenda report and will be executed by December 31, 2025, in order to take advantage of current year pricing.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. The total cost of the Tyler Technologies ERP Pro Software as a Service agreement for the initial three-year agreement term is approximately $402,667. This amount includes initial one-time costs along with recurring annual costs. Sufficient funds, $200,000 in each year, for the cost of this agreement are available in the adopted Fiscal Year 2025-2026 and 2026-2027 Operating and Capital Budget.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA.
NEXUS TO COUNCIL GOALS AND PRIORITIES:
Implementation of a new ERP system is a Tier II Special Project on the Fiscal Year 2025- 2026 Council list of Goals and Priorities.
ATTACHMENTS:
Attachment A – ERP Pro Software as a Service Agreement with Tyler Technologies 3 December 15, 2025 Item 6
1 SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. (Tyler) and City of Del Mar (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 Tyler’s business travel policy. Tyler’s current Business Travel Policy is available here: https://www.tylertech.com/portals/0/terms/Tyler-Business-TravelPolicy.pdf. “Client” means the City of Del Mar (City), California, and any of its component units or other entities for which it provides administrative services. “Data” means Client’s data necessary to use the Tyler Software. “Data Storage Capacity” means the contracted amount of storage capacity for the Client’s Data, if any, identified in the Investment Summary.
“Defect” means a failure of the Tyler Software to substantially conform to Tyler’s responses to the Client’s Functional Requirements attached to this Agreement as Exhibit F, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through Tyler’s maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in Tyler’s then-current Documentation. “Defined Users” means the number of users, if any, that are 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. “Deliverable” means the project documents identified in the Statement of Work (Exhibit E) and produced for Client.
“Developer” means a third party who owns the intellectual property rights to a Third-Party Product.
“Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that Tyler provides or otherwise makes available to Client, including instructions, user guides, manuals and other training or self-help documentation. “Effective Date” means the date by which both Client’s and Tyler’s authorized representatives have signed the Agreement. Notwithstanding the foregoing, if these terms are linked from an Attachment A
4 December 15, 2025 Item 6
2 Order Form, the Effective Date is the date Client’s authorized representative signed the Order Form.
“Force Majeure” means an event beyond the reasonable control of Client or Tyler, 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 Client or Tyler.
“Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
“Order Form” means an ordering document that includes a quote or investment summary and specifies the items to be provided by Tyler to Client, including any addenda and supplements thereto.
“Professional Services” means those services provided by Tyler or a third party related to the scope of this Agreement and identified in the Investment Summary and Statement of Work (SOW).
“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 Tyler’s normal business hours, or training, consulting, or other professional services. “SLA” means the service level agreement. A copy of Tyler’s current SLA is attached hereto as Exhibit C.
“Statement of Work” means the industry standard implementation plan describing how Tyler’s professional services will be provided to implement the Tyler Software and outlining Client’s and Tyler’s 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 Tyler’s customers who have a right to use the Tyler Software. Tyler’s current Support Call Process is available here:
https://www.tylertech.com/portals/0/terms/Tyler-Support-Call-Process.pdf. “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 or included with the Tyler Software.
“Third-Party Terms” means the end user license agreement(s) or other terms, if any, 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 Tyler’s proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by Tyler to Client through this Agreement.
5 December 15, 2025 Item 6
3 SECTION B – SAAS SERVICES
1. Rights Granted. Tyler grants to Client the non-exclusive, non-assignable limited right to use the SaaS Services solely for Client’s governmental purposes, subject to any limits for Defined Users or Data Storage Capacity. Client may add additional users or additional data storage capacity on the terms set forth in this Agreement. In the event Client regularly and/or meaningfully exceeds the Defined Users or Data Storage Capacity, Tyler will notify Client and provide an opportunity to, and reasonably cooperate with you to identify opportunities to, reduce usage to contracted limits for Defined Users or Storage Capacity so as not to incur additional charges, or amend the Agreement to increase those limits. Any fees for additional Defined Users or Storage Capacity will be applicable going forward and not applied retroactively. Tyler reserves the right to charge Client additional fees commensurate with the overage(s), which shall be agreed upon in an amendment signed by both parties. Tyler agrees that the Tyler Software included in the Agreement as of the Effective Date contain no limit for Defined Users. Client acknowledges that Tyler has no obligation to ship copies of the Tyler Software as part of the SaaS Services. Client’s right to use the SaaS Services applies to releases provided as part of Tyler’s Maintenance and Support Services as further detailed in this Agreement.
2. Ownership.
2.1.Tyler retains all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by Tyler under this Agreement. Client does not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
2.2.The Documentation is licensed to Client and may be used and copied by Client’s employees for internal, non-commercial reference purposes only.
2.3.To the extent any Deliverable is created by Tyler under this Agreement, you may modify the Deliverable for your internal purposes only, with the express acknowledgment that such modifications shall not be considered a derivative work and shall not give you any right to Tyler’s intellectual property contained in the Deliverable.
3. Data.
3.1.Client retains all ownership and intellectual property rights to the Data. Client expressly recognizes that except to the extent necessary to fulfill Tyler’s obligations contained in this Agreement, Tyler does not create or endorse any Data used in connection with the SaaS Services.
3.2. Client expressly grants to Tyler a limited, non-exclusive license to access, copy, transmit, download, display, and reproduce Client’s Data to provide services pursuant to this Agreement.
Additionally, Client agrees that Tyler may use deidentified Data for Client or third-party demonstrative or training purposes.
3.3.Tyler’s access to and use of Client’s Data necessary to use the Tyler Software or SaaS Services will comply with applicable provisions of Tyler’s Privacy Statement (available at https://www.tylertech.com/privacy) and applicable law.
3.4.Data Breach Notification. Tyler will provide notice of a breach of Client Data in accordance with applicable state and federal data breach notification laws. 6 December 15, 2025 Item 6
4 3.5.Any data center hosting Client’s Data will be located in the United States.
4. Restrictions.
4.1.Client may not:
4.1.1. 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;
4.1.2. modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services;
4.1.3. access or use the SaaS Services to build or support, and/or assist a third party in building or supporting, products or services competitive to Tyler; or
4.1.4. 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.
4.1.5. Notwithstanding anything to the contrary in this Section 4.1, Client may disclose and allow use of, with Tyler’s written consent, not to be unreasonably withheld, the Tyler Software, SaaS Services, or Documentation to a third party Client consults with regarding the implementation or use of the Tyler Software and SaaS Services. Client must ensure that any such third-party’s use is subject to the terms of this Agreement, and Client acknowledges and agrees that Client is liable for any breach of the terms of this Agreement by such third party.
5. Software Warranty. Tyler warrants that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, Tyler will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with Tyler’s then-current Support Call Process.
6. SaaS Services.
6.1.Audit & Compliance. Tyler’s SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. Tyler has attained, and will maintain, SOC 1 and SOC 2 compliance, or their equivalent, for so long as Client is timely paying for SaaS Services. The foregoing notwithstanding, Client acknowledges that the scope of audit coverage varies depending on the specific Tyler Software solution. Tyler will provide Client with a summary of Tyler’s current compliance report(s) or its equivalent, upon Client’s request. For the avoidance of doubt, if Tyler’s SaaS Services are provided using a third-party data center, the compliance report may be for that third-party provider and be subject to confidential treatment in accordance with applicable law. If Client wants Tyler to provide Tyler’s compliance reports to a third-party auditor or similar entity, Tyler reserves the right to require execution of an NDA by that third party.
6.2. Service Levels. The Tyler Software will be made available to Client according to the terms of the SLA. Tyler SaaS Services will be provided via a third-party data center. Client’s Data will be inaccessible to Tyler’s other customers.
6.3.Business Continuity. Data centers used to deliver SaaS Services for this Agreement have redundant telecommunications access, electrical power, and the required hardware to provide access to the SaaS Services in the event of a disaster or component failure. Tyler tests Tyler’s disaster recovery plan on an annual basis. The plan is not client specific and is detailed in Tyler’s System & Organization Control reports or their equivalent. In the event of a data center failure, 7 December 15, 2025 Item 6
5 Tyler reserves the right to employ Tyler’s disaster recovery plan for resumption of the SaaS Services. In that event, Tyler commits 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 Client’s hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which Client’s access to the Tyler Software must be restored. If Tyler employs Tyler’s disaster recovery plan, Tyler will be responsible for restoring Client’s Data and ensuring that the SaaS Services are online, and Client will be responsible for validating Client’s Data and confirming the functioning of the SaaS Services, including any integrations.
6.4. Security Measures. Tyler provides secure Data transmission paths between Client’s devices and the data center used to provide SaaS Services to Client. Data centers used to provide SaaS Services are accessible only by authorized personnel with a unique key entry or comparable security. Tyler conducts annual penetration testing of either the production network and/or web application to be performed. Tyler will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. Client may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords, or other confidential information, and vulnerability and penetration test scanning of Tyler’s network and systems (hosted or otherwise) are prohibited. Where applicable with respect to Tyler’s applications that take or process card payment data, Tyler complies with applicable requirements of PCI DSS. Tyler agrees to supply the then-current status of Tyler’s 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 Tyler’s status, Tyler will comply with applicable notice requirements.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. Tyler will provide Client the various implementation-related services itemized in the Investment Summary and further defined in the Statement of Work.
2. Professional Services Fees. Client agrees to pay Tyler the services fees in the amounts set forth in the Investment Summary. Tyler will bill Client the actual fees incurred based on the in-scope services defined in the Statement of Work and provided to Client, up to the maximum amounts set forth in the Investment Summary. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable rate by the quoted units.
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 Tyler’s understanding of the specifications Client supplied. If additional work is required, or if Client uses or requests additional services, Tyler will provide Client with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. For avoidance of doubt, no services beyond those listed in the Investment Summary will be added to the Agreement without mutual written consent of the parties.
4. Cancellation. If Client cancels services less than four (4) weeks in advance (other than for Force Majeure or breach by Tyler), Client will be liable for all (i) daily fees associated with cancelled 8 December 15, 2025 Item 6
6 professional services if Tyler is unable to reassign Tyler’s personnel and (ii) any non-refundable travel expenses already incurred by Tyler on Client’s behalf. For the avoidance of doubt, if Tyler receives credits for expenses paid, and Tyler has invoiced and Client has paid for those expenses pursuant to this provision, Tyler will apply those credits to the Client’s project. Tyler will make all reasonable efforts to reassign personnel, including pursuing options for remote work in the event Client cancels within four (4) weeks of scheduled commitments.
5. Services Warranty. Tyler warrants that Tyler will (a) perform services in a professional, workmanlike manner, consistent with industry standards, (b) perform the services in a manner that complies with all applicable State and Federal laws and regulations (c) staff the project with a sufficient number of resources with skills and resources to perform services in accordance with the requirements of this Agreement; and (d) perform services consistent with achieving the agreed-upon functional requirements in the Statement of Work or other plans or specifications approved by Tyler and the Client in any approved Deliverables. In the event Tyler provides services that do not conform to this warranty, Tyler will re-perform such services at no additional cost to Client.
6. Site Access and Requirements. At no cost to Tyler, Client agrees to provide Tyler with reasonable access to Client’s personnel, facilities, and equipment as may be reasonably necessary for Tyler to provide implementation services, subject to any reasonable security protocols or other written policies provided to Tyler as of the Effective Date, and thereafter as mutually agreed to by Client and Tyler.
7. Background Checks. All of Tyler’s employees undergo criminal background checks prior to hire. All employees sign Tyler’s confidentiality agreement and security policies.
8. Client Assistance. Client acknowledges that the implementation of the Tyler Software is a cooperative process requiring the time and resources of Client’s personnel. Client certifies that Client will use reasonable efforts to cooperate with Tyler and make Client’s resources available for the performance of the Agreement in accordance with its terms and the mutually agreed project schedule. Additionally, Client agrees to use all reasonable efforts to cooperate with and assist Tyler as may be reasonably required to support the efficient execution of the activities required for this Agreement. Accordingly, Client will provide notice of any known inability to timely meet a project commitment so that appropriate project adjustments can be made. Tyler will not be liable for failure to meet any project deadlines or milestones when such failure is due to Force Majeure or to the failure by Client to comply with the requirements of this paragraph.
9. Maintenance and Support Services.
9.1. For the duration of this Agreement, consistent with the terms set forth in Tyler’s then-current Support Call Process, Tyler will:
9.1.1. perform Tyler’s maintenance and support obligations in a professional and workmanlike manner, consistent with industry standards, to provide support and resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
9.1.2. provide telephone support during Tyler’s established support hours as indicated in Tyler’s then-current Support Call Process;
9.1.3. maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third-Party Software, if any, in order to provide maintenance and support services; 9 December 15, 2025 Item 6
7 9.1.4. provide releases to the Tyler Software (including updates and enhancements) that Tyler makes generally available without additional charge to customers with a current SaaS Agreement.
9.2.Client’s use of Tyler Software or SaaS Services requires that Client remains current with supported releases of Tyler Software as indicated in any applicable release lifecycle policy.
Tyler’s warranty and support commitments are contingent upon Client using a supported version of the Tyler Software. Tyler may require Client to update to a current version of the Tyler Software to address a critical issue (for example, to address an identified security vulnerability in the Tyler Software or a third-party component). Tyler will use commercially reasonable efforts to (i) minimize the number of such instances and (ii) provide as much advance notice as possible.
9.3.Tyler will use all reasonable efforts to perform support services remotely. Tyler reserves the right to use secure third-party connectivity tools to deliver maintenance and support services.
Tyler also reserves the right to collect Tyler Software or SaaS Services telemetry for product evaluation, quality assurance, and security monitoring and enhancement purposes. Client agrees to reasonably cooperate with Tyler in providing access to Client’s environments and Data for the purposes of providing maintenance and support services and acknowledge that Tyler’s warranty, support, and service level obligations under this Agreement are contingent upon receiving reasonable access to Client’s Data and systems.
9.4. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support; (b) application design; (c) other consulting services; or (d) telephone support outside Tyler’s normal business hours as listed in Tyler’s then-current Support Call Process. No services beyond those listed in the Investment Summary will be added to the Agreement without mutual written consent of the parties. Should the Client request these services listed in this Section, fees for the services are subject to Client’s review and negotiation.
10. Tyler Software Acceptance. The Client will use the following acceptance process for the Milestone 6 “Close Stage Acceptance” , as defined in the SOW (Exhibit E) and reflected in Exhibit B, to verity that the assumptions of the Stage have been met: Client will have a maximum of a thirty (30) calendar day “Test Period” to test the System from completion of the last stage in a live production environment for and report documented Defects. If there are no Defects reported during the Test Period the Client shall grant “Project Closure.”(The parties agree and understand that this Project Closure Test Period is not intended to replace testing that will occur throughout the course of the implementation, and the parties agree not to delay standard testing to the Test Period.) If Client reports a documented Defect during the Test Period, Client will notify Tyler in writing. Tyler will correct the Defect(s) or provide a mutually agreeable plan for future resolution of any Defect(s). A dispute with respect to the plan shall be addressed pursuant to the Dispute Resolution Process of this Agreement. Upon resolution of a Defect during the Test Period, Client may re-perform testing for a maximum of fifteen (15) calendar days. This procedure shall repeat until all Defects have either been resolved or the Client and Tyler, reasonably cooperating, have developed a mutually agreeable schedule for Defect resolution, at which point the Client shall issue Project Closure. 10 December 15, 2025 Item 6
8 SECTION D – THIRD-PARTY PRODUCTS
1. Third-Party Hardware. Tyler will sell and deliver any Third-Party Hardware set forth in the Investment Summary for the price indicated therein. Unless otherwise indicated, installation of Third-Party Hardware will be performed by Tyler or identified third party installers.
2. Third-Party Software. Client’s rights under this Agreement may include rights to certain Third-Party Software. Tyler certifies that Tyler has acquired the right to provide the Third-Party Software to Client. Client’s rights to the Third-Party Software will be governed by the Third-Party Terms and, in the absence of such terms, this Agreement.
3. Third Party Products Warranties.
3.1 Tyler is authorized by each Developer or its authorized reseller to sell or grant access, as applicable, to the Third-Party Products.
3.2 Unless otherwise expressly indicated, Third-Party Hardware will be new and unused. Client will receive free and clear title to the Third-Party Hardware Client purchases upon Client’s payment in full of the purchase price.
3.3 Client acknowledges that Tyler is not the manufacturer of Third-Party Products. Tyler does not warrant or guarantee the performance of the Third-Party Products. However, Tyler grants and passes through to Client any warranty that Tyler may receive from the Developer or supplier of the Third-Party Products.
4. Third-Party Services. If Client has purchased Third-Party Services, those services will be provided independently of Tyler by such third party at the rates set forth in the Investment Summary and in accordance with Exhibit B.
SECTION E – TERM AND TERMINATION
1. Term. The initial term of this Agreement is three (3) years, commencing on the first day of the first month following the date the SaaS environment is made available to Client (i.e., the SaaS environment is made accessible with a login provided to Client). Upon expiration of the initial term, this Agreement may be renewed for successive one (1) year renewal terms at Tyler’s then-current SaaS Fees; provided, however, that the SaaS Fees for renewal year 1 (i.e., SaaS year 4) and renewal year 2 (i.e., SaaS year 5) shall be as set forth in Exhibit B. Client may indicate its agreement to renewal terms by timely payment of a Tyler invoice of annual fees for the renewal term. Client’s 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 by Client as set forth below. In the event of termination, Client will pay Tyler for all undisputed fees and expenses related to the software, products, and/or services Client has received, or Tyler has incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than Client’s termination for cause must have been submitted as invoice disputes in accordance with Section G(2).
2.1. Failure to Pay Fees. Client acknowledges that continued access to the SaaS Services is contingent upon Client’s timely payment of fees. Tyler may terminate this Agreement if Client does not cure 11 December 15, 2025 Item 6
9 a failure to pay within sixty (60) days of Tyler’s notice to Client that Client has overdue payments.
2.2. For Cause. If Client believes Tyler has materially breached this Agreement, Client will invoke the Dispute Resolution clause set forth in Section G(2). Client may terminate this Agreement for cause after following the procedures set forth in Section G(2).
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. For Convenience. Client may elect to terminate for convenience without payment of early termination fees if Actual Attainment, as defined in the SLA, is below 98.5% in three (3) or more months in any six (6) month period.
2.5. Lack of Appropriations. If Client should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, Client may unilaterally terminate this Agreement upon thirty (30) days written notice to Tyler. Client will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. Client agrees not to use termination for lack of appropriations as a substitute for termination for convenience.
2.6.Return of Data. In the event of termination of the Agreement for any reason, and upon reasonable advance notice, Tyler shall promptly make all Data available to Client in the format of the database or other such format as may be mutually agreed upon, Such Data will be provided at no additional cost.
SECTION F – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1. Tyler will defend Client 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 Tyler consents). Client must notify Tyler promptly in writing of the claim and give Tyler sole control over its defense or settlement. Client agrees to provide Tyler with reasonable assistance, cooperation, and information in defending the claim at Tyler’s expense.
1.2.Tyler’s obligations under this Section F(1) will not apply to the extent the claim or adverse final judgment is based on Client’s use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties.
1.3.If an infringement or misappropriation claim is fully litigated and Client’s 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 Tyler consents), Tyler will, at Tyler’s option, either:
1.3.1. procure the right to continue its use;
1.3.2. modify it to make it non-infringing; or
1.3.3. replace it with a functional equivalent.
Tyler may elect to employ these remedies in advance of litigation if Tyler receives information concerning an infringement or misappropriation claim.
1.4.This section provides Client’s exclusive remedy for third-party copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1.Tyler will indemnify and hold harmless Client and Client’s 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 (i) personal injury, death, or damage to 12 December 15, 2025 Item 6
10 tangible property, all to the extent caused by Tyler’s negligence or willful misconduct; or (ii) Tyler’s violation of law applicable to Tyler’s performance under this Agreement. Client must notify Tyler promptly in writing of the claim and give Tyler sole control over its defense or settlement. Client agrees to provide Tyler with reasonable assistance, cooperation, and information in defending the claim at Tyler’s expense.
2.2.To the extent permitted by applicable law, Client will indemnify and hold harmless Tyler and Tyler’s 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 (i) personal injury, death, or damage to tangible property, all to the extent caused by Client’s negligence or willful misconduct; or (ii) Client’s violation of a law applicable to Client’s performance under this Agreement. Tyler will notify Client promptly in writing of the claim and will give Client sole control over its defense or settlement. Tyler agrees to provide Client with reasonable assistance, cooperation, and information in defending the claim at Client’s expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TYLER HEREBY DISCLAIMS 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, TYLER’S 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 CLIENT’S ACTUAL DIRECT DAMAGES, NOT TO EXCEED (i) DURING THE INITIAL TERM, AS SET FORTH IN SECTION E(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (ii)
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 F(1) AND F(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL TYLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF TYLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. Tyler shall procure and maintain for the duration of the Agreement the following insurance. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A-” and “VIII” and are admitted to do business in the State of California.
6.1.Tyler’s liabilities, including but not limited to Tyler’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein.
13 December 15, 2025 Item 6
11 6.2.Types and Amounts Required. Tyler shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
6.2.1. Commercial General Liability (CGL) on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. All defense costs shall be outside the limits of the policy.
6.2.2. Commercial Automobile Liability. For all of Tyler's automobiles including owned, hired and non-owned automobiles, automobile insurance with limit no less than $1,000,000 per accident for bodily injury and property damage. Insurance certificate shall reflect coverage for any automobile (any auto).
6.2.3. Workers' Compensation. For all of Tyler's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage. Tyler shall provide an endorsement indicating that the insurer waives the right of subrogation against Client and its respective elected officials, officers, employees, and agents for claims that arise out of or relate to the Agreement and are between Tyler and Client, except to the extent the damage or injury is caused by Client.
6.2.4. Technology Professional Liability Errors & Omissions (inclusive of Cyber Liability). Insurance appropriate to Tyler’s profession and work hereunder, with limits not less than $2,000,000 per claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Tyler in this agreement and shall include, but not be limited to, claims involving security breach, data recovery, business interruption, cyber extortion, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, release of private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
6.3.Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions are the responsibility of Tyler.
6.4.Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
6.4.1. Client, its officers, officials, and employees shall be named as additional insureds for claims caused, in whole or in part, by Tyler as respects the Agreement. Client's Additional Insured status must be reflected by way of a blanket additional insured endorsement form which shall be submitted to Client.
6.4.2. The policies are primary and non-contributory to any insurance that may be carried by Client for claims that are caused, in whole or in part, by Tyler as respects the Agreement, as reflected by way of a blanket endorsement which shall be submitted to Client.
6.5.Verification of Coverage. Tyler shall furnish Client with original certificates and amendatory endorsements effecting coverage required by this Section. All certificates and endorsements are to be received by Client before work commences. 14 December 15, 2025 Item 6
12 SECTION G – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. Client may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, Client may purchase additional products and services at Tyler’s then-current pricing, 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. Performance Issues and Dispute Resolution.
2.1.Notice. Client agrees to provide Tyler with written notice within thirty (30) days of receipt of an invoice (for invoice disputes) or, in the case of performance, becoming aware of an issue related to Tyler’s performance under this Agreement.
2.2.Invoice Issues.
2.2.1. If the issue relates to an invoice, Client’s notice must include the following: (i) the issue(s) with the invoice; (ii) the specific fee(s) at issue; and (iii) the corrective action(s) Client is requesting of Tyler.
2.2.2. Tyler will provide a response to Client’s notice that (i) supports the validity of the invoice as issued by Tyler; (ii) adjusts the invoice; or (iii) describes Tyler’s plan to address the issues identified in Client’s notice.
2.2.3. Client agrees to pay all undisputed fees by the due date. Client acknowledges that Client forfeits Client’s right to dispute any existing outstanding fees under this Agreement when Client fails to pay undisputed fees within sixty (60) days of Tyler’s notice that the fees are overdue.
2.2.4. In addition to any other remedies available to Tyler under this Agreement or law for non-payment, Tyler reserves the right to recover from Client Tyler’s reasonable costs of collection associated with Client’s failure to timely pay amounts due under this Agreement.
2.2.5. TYLER RESERVES THE RIGHT TO SUSPEND PERFORMANCE OF ANY SERVICE, INCLUDING ACCESS TO SAAS SERVICES, FOR FAILURE TO TIMELY PAY UNDISPUTED FEES FIFTEEN (15) DAYS FOLLOWING TYLER’S NOTICE OF INTENT TO DO SO.
2.3.Dispute Resolution. Client agrees to cooperate with Tyler 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 Tyler’s appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If Tyler fails to resolve the dispute, then the parties shall participate in mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either party may assert the parties’ respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent Client or Tyler from seeking necessary injunctive relief during the dispute resolution procedures. Any dispute resolution will comply with Section G(18) of this Agreement as it relates to Governing Law; dispute-resolution discussions may occur via remote means, such as remote-meeting technology.
2.4 During the pendency of a dispute between the parties pursuant to Section G(2) of this Agreement, Tyler will not interrupt or suspend or terminate the provision of Services to the Client or perform any action that prevents, impedes, or reduces in any way the provision of 15 December 15, 2025 Item 6
13 Services or the Client’s ability to conduct its activities, unless authority to do so is granted by the Client or conferred by a court of competent jurisdiction or the nature of the dispute makes progress of the Services infeasible. Client will also continue to perform under this Agreement during the pendency of a dispute between the parties pursuant to Section G(2) of this Agreement unless the nature of the dispute makes performance infeasible.
3. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If Client is a tax-exempt entity, Client agrees to provide Tyler with a taxexempt certificate. Otherwise, Tyler will pay all applicable taxes to the proper authorities, and Client will reimburse Tyler for such taxes. If Client has a valid direct-pay permit, Client agrees to provide Tyler with a copy. For clarity, Tyler is responsible for paying Tyler’s income taxes, both federal and state, as applicable, arising from Tyler’s performance of this Agreement.
4. Nondiscrimination. Tyler will not discriminate against any employee or applicant in Tyler’s employment practices or the performance of Tyler’s duties, responsibilities, and obligations under this Agreement because of race, color, religion, gender, age, disability, religious beliefs, national, or ethnic origin. Tyler will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.
5. E-Verify. Tyler use the U.S. Department of Homeland Security’s E-Verify system to confirm the eligibility of all current employees and persons hired during the contract term to perform services within the United States under this Agreement.
6. Subcontractors. Tyler will not subcontract any Professional Services specifically for this Agreement without Client’s prior written consent, not to be unreasonably withheld.
7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either Client’s or Tyler’s successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, Client’s consent is not required for an assignment by Tyler as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of Tyler’s assets.
8. Force Majeure. Except for Client’s 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.
9. No Intended Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of Client and Tyler. 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.
10. Entire Agreement; Amendment. This Agreement represents the entire agreement between Client and Tyler with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, or implied. Purchase orders 16 December 15, 2025 Item 6
14 submitted by Client, if any, are for Client’s 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 in writing, signed by an authorized representative of the party against whom enforcement is sought.
11. 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.
12. 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.
13. Independent Contractor. Tyler is an independent contractor for all purposes under this Agreement.
14. 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: (i) actual receipt by the receiving party; or (ii) five (5) days following deposit with registered or certified mail with proper postage affixed and addressed to the other party at the address set forth in this Agreement 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.
15. Client Lists. Client agrees that Tyler may identify Client by name in client lists, marketing presentations, and promotional materials.
16. 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:
i. 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;
ii. a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
iii. a party receives from a third party who has a right to disclose it to the receiving party; or iv. 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 Client receives an open records or other similar applicable request, Client will give Tyler prompt notice and otherwise perform the functions required by applicable law. 17 December 15, 2025 Item 6
15 17. Business License. In the event a local business license is required for Tyler to perform services hereunder, Client will promptly notify Tyler and provide Tyler with the necessary paperwork and/or contact information so that Tyler may timely obtain such license.
18. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of California, without regard to its rules on conflicts of law. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the state or federal courts located in or serving the County of San Diego, California.
19. 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.
20. Cooperative Procurement. To the maximum extent permitted by applicable law, Tyler agrees that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. In such cases, Tyler reserves 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.
21. Data & Insights Solution Terms. Client’s use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Client’s rights, and the rights of any of Client’s 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, Client certifies that Client has reviewed, understands, and agrees to said terms.
22. Audit of Records; Records Retention. On no less than one (1) week’s advance written notice, during normal business hours and no more than once annually, the Tyler shall make available to a representative of Client for examination all of its books and records directly related to this Agreement and shall permit Client to audit, examine, and/or reproduce such records. Unless otherwise agreed, the location of the records will be the Tyler office servicing the contract. The audit will not include access to Tyler’s personnel records, or conditions of employment. Tyler shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
23. Conflict of Interest. Tyler shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Tyler shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before Client in which Tyler has a financial interest as defined in Government Code § 87103. Tyler represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for Client. 18 December 15, 2025 Item 6
16 24. Compliance with Laws. Tyler shall comply with all state and federal laws, ordinances, and regulations applicable to Tyler’s performance of this Agreement. The fees in the Investment Summary are based, in part, on the cost of compliance with applicable laws existing as of the Effective Date.
Should laws applicable to Tyler’s performance under the Agreement change after the Effective Date, Tyler reserves the right to seek a change order for the additional work, time, or cost that may be required to comply with the new law or regulation.
25. Contract Documents. This Agreement includes the following exhibits:
Migration Terms Addendum
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Terms
Exhibit C Service Level Agreement
Exhibit D Third-Party Terms
Exhibit E Statement of Work
Exhibit F Submittal Attachment A (Key Functional and Technical Requirements) to Tyler’s January 31, 2025 Proposal, submitted in response to Client’s RFP 2024-09 (Incorporated by reference only; Tyler’s responses in the “Availability” and “Comments” columns are confidential and proprietary information of Tyler).
26. ThinPrint and DocOrigin. The parties acknowledge that Tyler’s independent licenses for the third party software, ThinPrint and DocOrigin, are hereby extended to the Client for use with the applicable Tyler Software. The parties further acknowledge that any issue or dispute related primarily to the licensed Tyler Software will be resolved in accordance with the terms of this Agreement, including but not limited to the software warranty set forth in Section B(5), and not the terms of the ThinPrint or DocOrigin End User License Agreements attached hereto at Exhibit D. The costs associated with the ThinPrint and DocOrigin software, to the extent applicable to this Agreement, are accounted for in the fees quoted in Exhibit A and not subject to additional fees.
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 Del Mar, California
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Del Mar
7701 College Boulevard 1050 Camino Del Mar
Overland Park, KS 66210 Del Mar, CA 92014-2698
Attention: Chief Legal Officer Attention: ___________________________ 19 December 15, 2025 Item 6
1 Migration Terms Addendum
1. Scope. The terms in this MigraƟon Terms Addendum (“Addendum”) apply to the agreement to which it is aƩached (“Agreement”), and under which Tyler will provide certain Tyler soŌware soluƟons listed in the Agreement’s Investment Summary (hereaŌer, the “Replacement Modules”) to replace some or all of Tyler soluƟons previously provided to Client (hereaŌer, the “MigraƟon Modules”). Accordingly, any conflict between the terms in this Addendum and the Agreement will be resolved in favor of the term(s) in this Addendum. The MigraƟon Modules are listed in the Comments SecƟon of the Investment Summary, and any capitalized terms not otherwise defined herein will have the meaning assigned to those terms in the Agreement.
2. Support & SaaS Services for MigraƟon Modules. Client’s payment of annual SaaS Fees for the Replacement Modules includes annual maintenance and support services in the scope described by the Agreement, and, to the extent currently being provided, annual SaaS Services, for the MigraƟon Modules for the Ɵme period covered by Client’s payment of annual SaaS Fees.
3. License/Use Rights for MigraƟon Modules. When Tyler makes Tyler SoŌware idenƟfied in the Investment Summary (Tyler SaaS) (the “Evergreen Modules”) and licensed pursuant to this Agreement available to the Client for use in live producƟon (Go-Live), the license to the MigraƟon Modules will be restricted to read-only access, and all of Tyler’s obligaƟons, including without limitaƟon warranty, maintenance, support, and update obligaƟons, for such soŌware terminates.
4. Credit for Prepaid Fees for MigraƟon Modules. In the event Client prepaid annual maintenance or SaaS fees for MigraƟon Modules for any Ɵme during Client’s annual SaaS Term for Client’s Replacement Modules, Tyler will credit that prepayment to Client’s account. This credit may be applied towards any future purchases from Tyler under the Agreement. 20 December 15, 2025 Item 6
2 Exhibit A
Investment Summary
The Investment Summary details the products and services to be delivered by Tyler, or a third party, as applicable, to Client under the Agreement. This Investment Summary is effective as of the Effective Date regardless of any expiration date in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. [Sales quotation to be inserted prior to Agreement execution.]
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
21 December 15, 2025 Item 6
2023-386852-Y7G6L6 Page 1
Sales Quotation For: Shipping Address
DEL MAR, CITY OF City of Del Mar
ATTN: MONICA MOLINA, FINANCE
MANAGER
1050 Camino del Mar
DEL MAR CA 92014-0000 del Mar CA 92014-2698
Monica Molina
+1 (858) 704-3641
[email protected]
Quoted By Brandon Swanson
Quote Expiration 12/31/25
Quote Name Eden to ERP Pro 10 w/
SaaS
Tyler Annual Software – SaaS
Description List Price Discount Annual
ERP Pro
ERP Pro 10 Financial Management Suite
AP Automation Capture with Disbursements $ 3,600 $ 0 $ 3,600 Core Financials $ 18,001 $ 3,600 $ 14,401
Contracts Management $ 0 $ 0 $ 0
Fixed Assets $ 3,151 $ 0 $ 3,151
Grants Management $ 1,800 $ 0 $ 1,800
Human Resources Management (Includes Position Budgeting) $ 11,571 $ 2,314 $ 9,257 Employee Access Pro $ 0 $ 0 $ 0
Project Accounting $ 4,202 $ 0 $ 4,202
Purchasing $ 5,602 $ 1,120 $ 4,482
Accounts Receivable Access $ 900 $ 0 $ 900
Accounts Receivable $ 4,598 $ 920 $ 3,678
22 December 15, 2025 Item 6
2023-386852-Y7G6L6 Page 2
Tyler Annual Software – SaaS
Description List Price Discount Annual
ERP Pro 10 Customer Relationship Management Suite
Utility Billing Water/Gas $ 14,786 $ 2,957 $ 11,829
Cashiering $ 4,244 $ 849 $ 3,395
Utility Access $ 3,120 $ 0 $ 3,120
Service Orders Mobile $ 965 $ 97 $ 868
Tyler One
Identity
Workforce Managed $ 7,000 $ 0 $ 7,000
Asset Management Pro
Asset Management $ 2,172 $ 0 $ 2,172
Work Orders $ 4,344 $ 0 $ 4,344
GIS $ 2,172 $ 0 $ 2,172
Collaborator Access $ 0 $ 0 $ 0
Time & Attendance
Time & Attendance $ 4,143 $ 829 $ 3,314
Content Manager Suite
Content Manager Core $ 6,430 $ 0 $ 6,430
TOTAL: $ 102,801 $ 12,686 $ 90,115
Term # of Years: 3
Tyler Fees per Transaction
Description Net Unit Price
ERP Pro
ERP Pro 10 Financial Management Suite
AP Automation Disbursements $ 0.00
ERP Pro 10 Customer Relationship Management Suite
23 December 15, 2025 Item 6
2023-386852-Y7G6L6 Page 3
Tyler Fees per Transaction
Description Net Unit Price
Interactive Voice Response $ 1.25
Utility Access Transactions $ 2.00
Tyler One
Notify
Notifications for Utilities $ 0.10
Third Party Software & Hardware
Description Quantity Unit Price
Extended
Price Annual
Tyler One
Time & Attendance
Touchscreen 7 : No Reader 5 $ 1,895 $ 9,475 $ 948
TOTAL: $ 9,475 $ 948
Services
Description Hours/Units Extended Price
ERP Pro 10 Financial Management Suite
Professional Services 440 $ 55,200
Data Conversion Services $ 14,000
ERP Pro 10 Customer Relationship Management Suite
Professional Services 234 $ 28,230
Data Conversion Services $ 6,500
Asst Management Pro
Asset Management 1 $ 726
GIS 1 $ 726
Project Management 1 $ 1,500
24 December 15, 2025 Item 6
2023-386852-Y7G6L6 Page 4
Work Orders 1 $ 1,321
Time & Attendance
Professional Services 50 $ 6,000
Content Manager Suite
Professional Services 40 $ 5,800
TOTAL: $ 120,003
Summary One Time Fees Recurring Fees
Total SaaS $ 90,115
Total Third Party Hardware, Software, Services $ 9,475 $ 948 Total Tyler Services $ 120,003
Summary Total $ 129,478 $ 91,063
Contract Total $ 220,541
25 December 15, 2025 Item 6
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26 December 15, 2025 Item 6
2023-386852-Y7G6L6 Page 6
Comments
Eden applications migrating to ERP Pro 10:
-Accounts Payable
-Accounts Receivable
-Budget Prep
-Cashiering
-General Ledger
-Payroll
-Position Budgeting
-Purchasing
-Time & Attendance (ExecuTime)
-Utility Billing
The terms and details of Exhibit E SOW will supersede anything in the Comments which may conflict.
Work will be delivered remotely unless otherwise noted in this agreement.
Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.
SaaS is considered a term of one year unless otherwise indicated.
Cashiering Cashiering supports credit/debit cards, is PCI Compliant, and includes a cash collection interface and a cashiering receipt import.
Core Financials Core Financials includes general ledger, budget prep, bank recon, AP, CellSense, a standard forms pkg, output director, positive pay, secure signatures, Tyler U.
Utility Billing Water/Gas Utility CIS System includes collections, tax lien process and import, a standard forms pkg., output director and one Utility handheld meter-reader interface.
Workforce Managed Tyler's Workforce Managed solution is designed to utilize Client's Active Directory ("Active Directory"), if available. If you choose to no longer use Active Directory or Workforce Managed, Tyler may charge additional costs, such as costs associated with configuring to 27 December 15, 2025 Item 6
2023-386852-Y7G6L6 Page 7
Clients OIDC or SAML compliant Identity Provider. Client is responsible for (a) keeping Client and its representatives’ passwords secure and confidential, (b) any account activity that occurs pursuant to Client and its representatives’ passwords, its account or Active Directory, and (c) notifying Tyler of any unauthorized access to its account.
Accounts Receivable Access Note that the customer pays $1.25 fee per transaction for payment on-line. Accounts Receivable Access Component displays account status, accounts for payment, has Security-(Secure Socket Layer), and payment processing via credit cards. Payment packet is created to be imported to accounts receivable system.
Utility Access Utility Access Component displays the current status (late, cut off etc), the action needed to avoid penalty, current balance, deposits on file (optional), last payment date, last payment amount, payment arrangements on file, last bill amount, last bill date, bill due date, contracts on file and status, transaction history (online payments). Payment packet is created to be imported to utility system. Address information includes legal description, precinct, school district, and services at address(subject to data availability). Includes consumption history by service (including graphs), request for service (optional), information change request (optional), security -SSL (secure socket layer).
AP Automation Capture with Disbursements A fully automated vendor payment system, including an automated invoice capture system, invoice approval system, AP Invoice Access.
Tyler Software may include artificial intelligence (“AI”) features that are provided as an administrative convenience, designed to analyze data or make suggestions, subject to changing laws applicable in your local jurisdiction. Client is responsible for independently validating the accuracy of data analyzed or suggestions provided via AI features and using such features only to the extent permissible under applicable law.
Interactive Voice Response Interactive Voice Response Solution for Utility Access-The payment packet is created in centralized cash collections. The IVR system gives the customer an account balance, the customer makes the payment by phone, and the account manager is updated with the payment record. NOTE: There is a per transaction fee associated with the IVR that will be paid by client unless Tyler is instructed by the client to pass along to the user at time of payment.
Notifications for Utilities Notifications for Utility Access include Customer notifications by phone (call late notices and general notifications) and texts. Call and text lists are automatically generated, and the account is updated after the call or text. Calls includes a custom message for each call type and the call message can be in English or Spanish. It generates reports based on call and text results. Note: The Utility will be billed at the rate specified above for all the calls and texts made. The Utility will be billed quarterly by Tyler Technologies for calls and texts conducted.
Utility Access Transactions Utility Access Transactions: Note that the customer pays a fee per transaction for payment on-line.
Human Resources Management / Payroll Data
Conversion
Human Resources Management conversion includes employee data, current calendar year balanced transactions, and unlimited unbalanced transaction history.
Financial Management Data Conversion Financial Management conversion includes Chart of Accounts, General Ledger, Accounts Payable, current fiscal year balanced transactions, and unlimited unbalanced transaction history.
Accounts Receivable Data Conversion Accounts Receivable conversions include master files (contacts properties) 28 December 15, 2025 Item 6
2023-386852-Y7G6L6 Page 8
Utilities Data Conversion Utility Billing conversion includes contacts/properties/accounts, meters, transaction/consumption/read history, metered services, nonmetered service. Balanced transactions converted from current calendar year plus prior 2 years. Unlimited history imported upon request.
Content Manager Core Core includes Onboarding
AP Automation Disbursements Expedited disbursement options available to vendors include instant transfer to a bank account, PayPal, Venmo and fast ACH where fees may apply. No fee options include standard ACH, and physical checks. All disbursements will be made pursuant to the terms and conditions found at https://www.tylertech.com/client-terms/ap-automation-disbursements-software-and-services-terms-of-use 29 December 15, 2025 Item 6
1 Exhibit B
Invoicing and Payment Terms
Tyler will provide Client 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: Tyler will invoice Client for the applicable software and services in the Investment Summary as set forth below. Client’s rights to dispute any invoice are set forth in the Agreement.
1. Tyler Annual Services.
1.1. SaaS Services. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section E(1) of this Agreement. Client’s annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, Client’s annual SaaS fees will be at Tyler’s then-current rates; provided, however, that the SaaS Fees for renewal year 1 (i.e., SaaS year 4) and renewal year 2 (i.e., SaaS year 5) shall be subject to a year-over-year increase of 5%, as reflected in the table below in this Exhibit.
1.2. Other Annual Services. Fees for annual services other than SaaS Services are invoiced on an annual basis, beginning with the availability of the service. Client’s annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, Client’s annual fees will be at Tyler’s then-current rates.
SaaS Year Annual SaaS Fees plus annual
hardware maintenance*
Year 1 $91,063
Year 2 $91,063
Year 3 $91,063
Year 4
(5% increase applied to
both SaaS Fees and annual
hardware maintenance)
$95,616
Year 5
(5% increase applied to
both SaaS Fees and annual
hardware maintenance)
$100,397
* SaaS invoicing and annual hardware maintenance invoicing may be on different timelines; annual hardware maintenance might not align with the SaaS year. Please see section 3.2 of this Exhibit B for annual hardware maintenance invoicing terms.
30 December 15, 2025 Item 6
2 2. Tyler Services. Tyler will invoice Client for Professional Services on a milestone basis. Tyler will invoice Client for the milestone amount set forth below upon completion and acceptance of the associated services in accordance with the Agreement and/or SOW. In the event services are split between multiple phases in the SOW, completion of the milestone requires completion of all phases.
Milestone Project Stage Milestone Amt
1 Stage 1 - Initiate & Plan $30,002
2 Stage 2 - Assess & Define $24,001
3 Stage 3 - Prepare Solution $18,000
4 Stage 4 - Production Readiness $30,000
5 Stage 5 - Production $12,000
6 Stage 6 - Close $6,000
Total: $120,003
Milestone 1: Initiate & Plan
o Formally launch the project.
o Establish project governance.
o Define and communicate governance for Tyler.
o Identify City project team.
o Stakeholder meeting complete.
o Project portal made available to Del Mar by Tyler
o Implementation Schedule confirmed/approved
o Tyler University 101 Curriculum completed by key leaders, department heads o Completion of all Deliverables (Project Management Plan & Initial Project Schedule) included in Initiate and Plan Stage and Del Mar acceptance of Stage 1 Milestone 2: Assess & Define
o Documentation of future state decisions and configuration options to support future state decisions.
o Solution Orientation is delivered.
o Conversion data extracts are received by Tyler.
o Data conversion plan built.
Milestone 3: Prepare Solution
o Software is configured and licensed software is installed. o Conversion iterations and reviews complete.
o Solution validation test plan has been reviewed and updated if needed. 31 December 15, 2025 Item 6
3 Milestone 4: Production Readiness
o All Stage 4 deliverables accepted.
Solution Validation Report.
Update Go-Live Plan and/or Checklist.
End User Training.
o Go-Live planning session conducted.
Milestone 5: Production
o Converted data is available in production environment. o Go-Live activities defined in the Go-Live action plan completed. o Introduction to Support teams completed
o Client services support document provided.
Milestone 6 : Close
o Post Project Report.
o Completed report indicating all Project deliverables and milestones have been completed.
3. Hardware & Third-Party Products.
3.1. Hardware: Hardware costs, if any, are invoiced upon delivery.
3.2. 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; provided, however, that the annual hardware maintenance fees for years 4 and 5 will be subject to a year-over-year increase of 5%, as reflected in the table above in this Exhibit.
3.3. 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.
3.4. Third Party Software. License Fees for Third Party Software, in any, are invoiced when the applicable Third Party Software is made available to Client for download.
3.5. Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when it is made available to Client for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.
3.6. Third-Party SaaS Services. Third-Party SaaS Services fees, if any, are invoiced on an annual basis, 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. Unless express stated otherwise, pricing for subsequent years will be at 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 monthly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days. Client may incur up to $3,000.00 per year in transaction fees for the transactions identified in Exhibit A as of the Effective Date. Client will take commercially reasonable efforts to avoid exceeding that amount before amending the Agreement to increase that amount. When the amount incurred in any given year begins to approach $3,000.00, the parties will use commercially reasonable efforts to increase the ceiling, but if they cannot, either party may, on ten (10) days’ advance written notice to the other, terminate the services from which transaction fees result. Tyler reserves the right to require Client to remit payment to Tyler for any transaction fees incurred in excess of the $3,000.00 and this paragraph shall not be construed to prevent such payment. 32 December 15, 2025 Item 6
4 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 Tyler’s then-current Business Travel Policy.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. Tyler prefers to receive payments electronically. Tyler’s electronic payment information is available by contacting [email protected].
33 December 15, 2025 Item 6
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 related to the availability of the Tyler SaaS Services that Client has requested Tyler to provide. All other support services are documented in the Support Call Process. This SLA does not apply to any Third-Party SaaS Services.
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 Client’s applications, content or equipment, or the acts or omissions of any of Client’s service users or third-party providers over whom Tyler exercises 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 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. Client’s Responsibilities
Whenever Client experiences Downtime, Client must make a support call according to the procedures outlined in the Support Call Process. Client will receive a support case number. 34 December 15, 2025 Item 6
2 b. Tyler’s Responsibilities
When Tyler’s support team receives a call from Client that Downtime has occurred or is occurring, Tyler will work with Client 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). Tyler will also work with Client to resume normal operations.
c. Client Relief
Tyler’s targeted Attainment Goal is 100%. Client may be entitled to credits as indicated in the Client Relief Schedule found below. Client’s relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month.
In order to receive relief credits, Client must submit a request through one of the channels listed in Tyler’s Support Call Process within fifteen (15) days of the end of the applicable month. Tyler will respond to Client’s relief request within thirty (30) days of receipt.
The total credits confirmed by Tyler will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve Tyler of Tyler’s 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
Tyler performs 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, Tyler will provide advance notice of those windows and will coordinate to the greatest extent possible with Client.
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, Tyler will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.
35 December 15, 2025 Item 6
1 Exhibit D
Third-Party Terms
DocOrigin Terms. Client’s use of Tyler Forms software and forms is subject to the DocOrigin End User License Agreement available for download here: https://eclipsecorp.us/eula/. By signing a Tyler Agreement or Order Form including Tyler forms software or forms, or accessing, installing, or using Tyler Forms software or forms, Client agrees that Client has read, understood, and agrees 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, Client agrees that Client has read, understood, and agrees to such terms.
Twilio Acceptable Use Policy. Client’s use of the Tyler solutions listed below includes functionality provided by a Third-Party Developer, Twilio. Client’s rights, and the rights of any of Client’s end users, to use said functionality are subject to the terms of the Twilio Acceptable Use Policy, available at http://www.twilio.com/legal/aup. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any such Tyler solution, Client certify that Client has reviewed, understands, and agrees to said terms. Tyler hereby disclaims any and all liability related to Client’s or Client’s end user’s failure to abide by the terms of the Twilio Acceptable Use Policy. Any liability for failure to abide by said terms shall rest solely with the person or entity whose conduct violated said terms. Electronic Warrants
Online Dispute Resolution
Enterprise Justice Notifications Add On (text notifications) Absence & Substitute
Notify
Enterprise Jury Manager
Enterprise Supervision
Virtual Court
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
36 December 15, 2025 Item 6
1 Exhibit E
Statement of Work
[Statement of Work to be inserted prior to Agreement execution.]
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37 December 15, 2025 Item 6
City of Del Mar
SOW from Tyler Technologies, Inc.
12/4/2025
Presented to:
Monica Molina
1050 Camino Del Mar
Del Mar, CA 92014
Contact:
Brandon Swanson
Email: [email protected]
5519 53rd St., Lubbock, TX 79414
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Table of Contents
PART 1: EXECUTIVE SUMMARY ............................................................................................................... 1 Project Overview ............................................................................................................................. 1 Intentionally omitted .......................................................................................................................... 1 Project Goals ....................................................................................................................................... 1 Methodology ....................................................................................................................................... 1 PART 2: PROJECT FOUNDATION ............................................................................................................. 3 Project Governance ......................................................................................................................... 3 Project Scope Control ...................................................................................................................... 4 Managing Scope and Project Change ................................................................................................. 4 Change Control ................................................................................................................................... 4 Change Request Management ............................................................................................................ 4 Acceptance Process ......................................................................................................................... 6 Roles and Responsibilities ................................................................................................................ 6 Tyler Roles & Responsibilities ............................................................................................................. 6 Tyler Executive Manager ............................................................................................................. 7 Tyler Implementation Manager .................................................................................................. 7 Tyler Project Manager ................................................................................................................. 7 Tyler Implementation Consultant ............................................................................................... 8 Tyler Sales ................................................................................................................................... 8 Tyler Technical Services .............................................................................................................. 8 City Roles & Responsibilities ............................................................................................................... 9 City Executive Sponsor ................................................................................................................ 9 City Steering Committee ............................................................................................................. 9 City Project Manager .................................................................................................................. 9 City Functional Leads ................................................................................................................ 11 City Power Users ....................................................................................................................... 11 City End Users ........................................................................................................................... 12 City Technical Lead .................................................................................................................... 12 City Change Management Lead ................................................................................................ 12 PART 3: PROJECT PLAN ........................................................................................................................... 13 Project Stages ................................................................................................................................. 13 Initiate and Plan ................................................................................................................................ 14 Initial Coordination ................................................................................................................... 14 Project/Phase Planning ............................................................................................................. 15 Infrastructure Planning ............................................................................................................. 16 39 December 15, 2025 Item 6
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Stakeholder Meeting ................................................................................................................. 17 This work package is not applicable. ......................................................................................... 18 Control Point 1: Initiate & Plan Stage Acceptance .................................................................... 18 Assess & Define ................................................................................................................................. 18 Solution Orientation.................................................................................................................. 18 Current & Future State Analysis ................................................................................................ 19 This work package is not applicable. ......................................................................................... 20 Data Assessment ....................................................................................................................... 20 Conversion Assessment ............................................................................................................ 22 Control Point 2: Assess & Define Stage Acceptance ................................................................. 23 Prepare Solution ............................................................................................................................... 23 Initial System Deployment ........................................................................................................ 23 Configuration ............................................................................................................................ 24 Process Refinement .................................................................................................................. 25 Conversion Delivery .................................................................................................................. 27 This work package is not applicable. ......................................................................................... 28 Control Point 3: Prepare Solution Stage Acceptance ................................................................ 28 Production Readiness ....................................................................................................................... 29 Solution Validation .................................................................................................................... 29 Go-Live Readiness ..................................................................................................................... 30 End User Training ...................................................................................................................... 31 Control Point 4: Production Readiness Stage Acceptance ........................................................ 32 Production ......................................................................................................................................... 32 Go-Live ...................................................................................................................................... 32 Transition to Client Services ...................................................................................................... 34 Post Go-Live Activities ............................................................................................................... 34 Control Point 5: Production Stage Acceptance ......................................................................... 35 Close .................................................................................................................................................. 36 Phase Closeout .......................................................................................................................... 36 Project Closeout ........................................................................................................................ 37 Control Point 6: Close Stage Acceptance .................................................................................. 38 General Assumptions ...................................................................................................................... 38 Project ............................................................................................................................................... 38 Intentionally omitted ........................................................................................................................ 39 Resources and Scheduling ................................................................................................................ 39 Data ................................................................................................................................................... 39 Facilities............................................................................................................................................. 40 Glossary ......................................................................................................................................... 41 PART 4: APPENDICES ............................................................................................................................... 44 Conversion ..................................................................................................................................... 44 Content Manager Conversion Summary ........................................................................................... 44 Content Manager – Standard .................................................................................................... 44 40 December 15, 2025 Item 6
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ERP Pro Utility Billing Conversion Summary ..................................................................................... 44 Utility Billing - Standard ............................................................................................................ 44 Utility Billing – Legacy/Historical Views .................................................................................... 44 ERP Pro Financials Conversion Summary .......................................................................................... 44 General Ledger .......................................................................................................................... 44 Accounts Payable ...................................................................................................................... 45 Personnel Management ............................................................................................................ 45 Additional Appendices ................................................................................................................ 46 This work package is not applicable.................................................................................................. 46 Project Timeline .......................................................................................................................... 47 ERP Pro Financial Management Timeline ......................................................................................... 47 ERP Pro Utility Billing Timeline .......................................................................................................... 48 MyGov Timeline ................................................................................................................................ 48 This work package is not applicable.................................................................................................. 48
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Part 1: Executive Summary
Project Overview
Intentionally omitted
Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, and roles and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler and the 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
Providing a single, comprehensive, and integrated solution to manage business functions Streamline business processes through automation, integration, and workflows Provide a user-friendly user interface to promote system use and productivity Eliminate redundant data entry
Methodology
This is accomplished by the 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.
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 the City’s complexity and organizational needs. 42 December 15, 2025 Item 6
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The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both the City and Tyler commit to including the necessary leadership and governance. During each stage of the Project, it is expected that the 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 the 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.
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 the 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 the City Steering Committee become the escalation points to triage responses prior to escalation to the 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. The City and Tyler executive sponsors serve as the final escalation point. 44 December 15, 2025 Item 6
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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 the City; for example, the 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 the City, if any. The timetable for implementing the change.
The effect on and/or risk to the schedule, resource needs or resource responsibilities.
The 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 the 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 City office or department designates specific individuals for making decisions on behalf of their offices or departments.
Both Tyler and the 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 City feedback and approval on Project deliverables will be critical to the success of the Project. The City project manager will strive to gain deliverable and decision approvals from all authorized 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 City department. The proxies will be named individuals that have the authorization to make decisions on behalf of their department.
Tyler and the City will use Deliverables identified in this SOW to document key decisions, specifications, plans, scripts, status reports, configuration options, city business process, or Tyler recommendations. Tyler will be responsible for preparing all Deliverables identified in the SOW consistent with standard professional norms for document production including proper formatting, grammar, and graphics. In addition, all Deliverables will represent Tyler professional expertise in advising the City in configuration of Tyler software to meet the City’s functional requirements.
The following process will be used for accepting Deliverables and Control Points:
The City shall have five (5) 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 the City does not agree the Deliverable or Control Point meets requirements, the City shall notify Tyler project manager(s), in writing, with reasoning within five (5) 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 at no additional cost. The City shall then have two (2) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for the City and Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at the City, but are roles defined within the Project. It is common for individual resources on both the Tyler and 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. 47 December 15, 2025 Item 6
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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 the 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 the 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 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, effective risk, and issue management, and is the primary point of contact for all Project related items. As requested by the City, the Tyler Project Manager provides regular updates to the 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 the 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 initial Project schedule and Project Management Plan. Collaborates with the City project manager(s) to plan and schedule Project timelines to achieve ontime implementation. 48 December 15, 2025 Item 6
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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 the City and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to the City any items that may impact the outcomes of the Project.
Collaborates with the 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 the City ’s project manager(s) to set a routine communication plan that will aide all Project team members, of both the City and Tyler, in understanding the goals, objectives, status, and health of the Project.
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 the City through software validation process following configuration. Assists during Go-Live process and provides support until the City transitions to Client Services. Facilitates training sessions and discussions with the 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.
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.
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City Roles & Responsibilities
City resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles and Tyler will provide guidance to the City on the appropriate time commitments and expectations for each role during the project. In the event multiple roles are listed for completing a task, the City may elect to have one resource cover multiple roles.
City Executive Sponsor
The 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 the City steering committee, project manager(s), and functional leads to make critical business decisions for the City. Champions the project at the executive level to secure buy-in. Authorizes required project resources.
Actively participates in organizational change communications.
City Steering Committee
The 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 the City project manager and Project through participation in regular internal meetings. The City steering committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. The 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.
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 City Policies
o Needs of other client projects
City Project Manager
The 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. The City Project Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the City project manager(s) do not have the knowledge or authority to make 50 December 15, 2025 Item 6
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decisions, he or she engages the necessary resources to participate in discussions and make decisions in a timely fashion to avoid Project delays. The City project manager(s) are responsible for reporting to the 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 the 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 the 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. 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 the 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 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 City technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. 51 December 15, 2025 Item 6
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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.
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 the 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 City resources
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
City Power Users
Participate in project activities as required by the project team and project manager(s). Provide subject matter expertise on the 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. 52 December 15, 2025 Item 6
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Demonstrate competency with Tyler products processing prior to Go-live. Provide knowledge transfer to the City staff during and after implementation. Participate in conversion review and validation.
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.
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 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 the City’s legacy system per the conversion schedule set forth in the project schedule.
City Upgrade Coordination
Becomes familiar with the software upgrade process and required steps. 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 the 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 City and Tyler resources. Communicates changes affecting users and department stakeholders. Obtains department stakeholder acceptance to upgrade production environment.
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.
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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 the 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 Infrastructure
Planning
2.3 Modification
Analysis
3.3 Process
Refinement
4.3 End User
Training
5.3 Post Go Live
Activities
1.4 Stakeholder
Meeting
2.4 Conversion
Assessment
3.4 Conversion
Delivery
1.5 GIS Planning* 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 “This work package is not applicable” in Section 6 of the Statement of Work.
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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 the 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. the 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 the City’s team. During this step, Tyler will work with the 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 City project team.
STAGE 1 Initial Coordination
Tyler 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 Tyler project team is assigned A R C I I I I I I
City project team is assigned A I R I I I
Provide initial project
documents to the 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
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Inputs Contract documents
Statement of Work
Outputs Working initial project documents
Project portal
Deliverables None
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 the 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 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 the 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 the 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 the 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 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 56 December 15, 2025 Item 6
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Schedule and
conduct planning
session(s)
A R I C C I
Develop Project
Management Plan A R I C C I
Develop initial
project schedule A R I I I I I I C C I I C I
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
Deliverables Project Management Plan
Project Operational Plan
Initial Project Schedule
Work package assumptions:
City has reviewed and completed the Guide to Starting Your Project document.
Infrastructure Planning
Procuring required hardware and setting it up properly is a critical part of a successful implementation. Tyler will be responsible for building the environments for a hosted/SaaS deployment, unless otherwise identified in the Agreement. . The City is responsible for the installation, setup and maintenance of all peripheral devices.
Objectives:
Ensure the City’s infrastructure meets Tyler’s application requirements. Ensure the City’s infrastructure is scheduled to be in place and available for use on time.
STAGE 1 Infrastructure Planning
Tyler 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 Initial Infrastructure
Communication A R C C C C
Schedule
Environment
Availability
A R C I
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Inputs Initial Infrastructure Requirements
Outputs /
Deliverables
Completed Infrastructure Requirements
Stakeholder Meeting
Communication of the Project planning outcomes to the City Project team, executives and other key stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform, engage, gain commitment, and instill confidence in the City team. During the meeting, the goals and objectives of the Project will be reviewed along with detail on Project scope, implementation methodology, roles and responsibilities, Project timeline and schedule, and keys to Project success.
Objectives:
Formally present and communicate the project activities and timeline. Communicate project expectations.
STAGE 1 Stakeholder Meeting
Tyler 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 Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
Inputs Agreement
SOW
Project Management Plan
Outputs /
Deliverables
Stakeholder Meeting Presentation
Work package assumptions:
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None
This work package is not applicable.
Control Point 1: Initiate & Plan Stage Acceptance
Acceptance criteria for this stage includes completion of all criteria listed below.
Note: Advancement to the Assess & Define stage is not dependent upon Tyler’s receipt of this stage acceptance.
Initiate & Plan Stage Deliverables:
Project Management Plan
Initial Project Schedule
Initiate & Plan stage acceptance criteria:
All stage deliverables accepted based on acceptance criteria previously defined Project governance defined
Project portal made available to the City
Stakeholder meeting complete
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current City business processes. This information will be used to identify and define business processes utilized with Tyler software.
The City collaborates with Tyler providing complete and accurate information to Tyler staff and assisting in analysis, understanding current workflows and business processes.
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution functionality prior to beginning the current and future state analysis. The primary goal is to establish a foundation for upcoming conversations regarding the design and configuration of the solution.
Tyler utilizes a variety of tools for the Solution Orientation, focusing on City team knowledge transfer such as:
eLearning, documentation, or walkthroughs. The City team will gain a better understanding of the major processes and focus on data flow, the connection between configuration options and outcome, integration, and terminology that may be unique to Tyler’s solution.
Objectives:
Provide a basic understanding of system functionality. Prepare the City for current and future state analysis.
STAGE 2 Solution Orientation
Tyler City
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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 Provide pre-requisites A R I I I I I
Complete pre-requisites A R C C
Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process changes that will be achieved with the new system.
The City and Tyler will evaluate current state processes, options within the new software, pros and cons of each based on current or desired state and make decisions about the future state configuration and processing. This may occur before or within the same timeframe as the configuration work package. The options within the new software will be limited to the scope of this implementation and will make use of standard Tyler functionality.
The City will adopt the existing Tyler solution wherever possible to avoid project schedule and quality risk from over customization of Tyler products. It is the City’s responsibility to verify that in-scope requirements are being met throughout the implementation if functional requirements are defined as part of the contract.
The following guidelines will be followed when evaluating if a modification to the product is required:
A reasonable business process change is available.
Functionality exists which satisfies the requirement. Configuration of the application satisfies the requirement. An in-scope modification satisfies the requirement.
Requirements that are not met will follow the agreed upon change control process and can have impacts on the project schedule, scope, budget, and resource availability.
STAGE 2 Current & Future State Analysis
Tyler City
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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 Current State process
review A R I I I C C C C C
Discuss future-state
options A R C C C C C C C C
Make future-state
decisions (non-COTS) C C C C C A R I C C
Document anticipated
configuration options
required to support
future state
A R C C C I I I I I
Inputs City current state documentation
Solution Orientation completion
Outputs /
Deliverables
Documentation that describes future-state decisions and configuration options to support future-state decisions.
Work package assumptions:
City attendees possess sufficient knowledge and authority to make future state decisions. The City is responsible for any documentation of current state business processes. The City can effectively communicate current state processes.
This work package is not applicable.
Data Assessment
Given the completion of the Current & Future State Analysis, the Data Assessment will provide the implementation team the design for data delivery prior to configuration. The data Assessment will also allow the Tyler and the City teams to identify the data that will be configured within the Tyler System. The team will develop and map out dataset structures to ensure that data is structured in a way that allows maximum utility.
The teams will review any existing data publish and metadata standards for the City’s current data program to determine any necessary adjustments or configuration needs. Finally, the implementation team develops data workflows to map data from the source system(s) into the Tyler system, discussing any additional data requirements as needed.
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Objectives:
Communicate a common understanding of the project goals with respect to data. Ensure complete and accurate source data is available for review/transfer. Map the data from the source to the Tyler system.
Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler 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 Extract Data from Source
Systems I C A R
Complete Data
Analysis/Mapping A R C C I C C I
Review and Scrub Source
Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs City Source data
City Source data Documentation (if available)
Outputs /
Deliverables
Data Conversion Plan built/updated (if applicable}
Work package assumptions:
Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format. Tyler will work with the City representatives to identify business rules before writing the conversion. City subject matter experts and resources most familiar with the current data will be involved in the data conversion planning effort.
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Conversion Assessment
Data Conversions are a major effort in any software implementation. Tyler’s conversion tools facilitate the predictable, repeatable conversion process that is necessary to support a successful transition to the Tyler system. The first step in this process is to perform an assessment of the existing (“legacy”) system(s), to better understand the source data, risks, and options available. Once the data has been analyzed, the plan for data conversion is completed and communicated to the appropriate stakeholders.
Objectives:
Communicate a common understanding of the project goals with respect to data. Ensure complete and accurate source data is available for review/transfer. Map the data from the source to the Tyler system.
Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler 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 Extract Data from
Source Systems I C A R
Review and Scrub
Source Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs City Source data
City Source data Documentation (if available)
Outputs /
Deliverables Data Conversion Plan built/updated
Work package assumptions:
Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format. Tyler will work with the City representatives to identify business rules before writing the conversion. City subject matter experts and resources most familiar with the current data will be involved in the data conversion planning effort.
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Control Point 2: Assess & Define Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Note: Advancement to the Prepare Solution Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Assess & Define Stage Deliverables:
Documentation of future state decisions and configuration options to support future state decisions. Modification specification document.
Assess & Define Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Solution Orientation is delivered.
Conversion data extracts are received by Tyler.
Data conversion plan built.
Prepare Solution
During the Prepare Solution stage, information gathered during the Initiate & Plan and Assess & Define stages will be used to install and configure the Tyler software solution. Software configuration will be validated by the City against future state decisions defined in previous stages and processes refined as needed to ensure business requirements are met.
Initial System Deployment
The timely availability of the Tyler Solution is important to a successful Project implementation. The success and timeliness of subsequent work packages are contingent upon the initial system deployment of Tyler Licensed Software on an approved network and infrastructure. Delays in executing this work package can affect the project schedule.
Objectives:
All licensed software is installed and operational.
The City can access the software.
STAGE 3 Initial System Deployment (Hosted/SaaS)*
Tyler 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 64 December 15, 2025 Item 6
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Prepare hosted
environment A R I C
Install Licensed
Software for
Included
Environments
A R I C
Install Licensed
Software on City
Devices (if
applicable)
I C A R
Tyler System
Administration
Training (if
applicable)
A R I C
Outputs /
Deliverables
Licensed Software is Installed on the Server(s)
Licensed Software is Installed on City Devices (if applicable) Installation Checklist/System Document
Work package assumptions:
The most current available version of the Tyler Licensed Software will be installed. The City will provide network access for Tyler modules, printers, and Internet access to all applicable City and Tyler Project staff.
Configuration
The purpose of Configuration is to prepare the software product for validation.
Tyler staff collaborates with the City to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. The City collaborates with Tyler staff iteratively to validate software configuration.
Objectives:
Software is ready for validation.
Educate the City Power User how to configure and maintain software. Prepare standard interfaces for process validation (if applicable).
STAGE 3 Configuration
Tyler City
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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 Conduct configuration
training A R I C C
Complete Tyler
configuration tasks
(where applicable)
A R I I I
Complete City
configuration tasks
(where applicable)
I C A R C
Standard interfaces
configuration and
training (if applicable)
A R C I C C C
Updates to Solution
Validation testing plan C C A R C C
Inputs Documentation that describes future state decisions and configuration options to support future state decisions.
Outputs /
Deliverables
Configured System
Work package assumptions:
Tyler provides guidance for configuration options available within the Tyler software. The City is responsible for making decisions when multiple options are available.
Process Refinement
Tyler will educate the City users on how to execute processes in the system to prepare them for the validation of the software. The City collaborates with Tyler staff iteratively to validate software configuration options to support future state.
Objectives:
Ensure that the City understands future state processes and how to execute the processes in the software.
Refine each process to meet the business requirements. Validate standard interfaces, where applicable.
Validate forms and reports, where applicable.
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STAGE 3 Process Refinement
Tyler 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 Conduct process
training A R I C I C
Confirm process
decisions I C A R C I C
Test configuration I C A R C
Refine
configuration (City
Responsible)
I C A R C
Refine
configuration (Tyler
Responsible)
A R I I I
Validate interface
process and results I C C A R C C
Update Cityspecific process
documentation (if
applicable)
I C A R C
Updates to
Solution Validation
testing plan
C C A R C C
Inputs Initial Configuration
Documentation that describes future state decisions and configuration options to support future state decisions.
Solution validation test plan
Outputs /
Deliverables
Updated solution validation test plan
Completed City-specific process documentation (completed by City) Work package assumptions:
None
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Conversion Delivery
The purpose of this task is to transition the City’s data from their source (“legacy”) system(s) to the Tyler system(s). The data will need to be mapped from the legacy system into the new Tyler system format. A wellexecuted data conversion is key to a successful cutover to the new system(s).
With guidance from Tyler, the City will review specific data elements within the system and identify / report discrepancies. Iteratively, Tyler will collaborate with the City to address conversion discrepancies. This process will allow for clean, reconciled data to transfer from the source system(s) to the Tyler system(s). Reference Conversion Appendix for additional detail.
Objectives:
Data is ready for production (Conversion).
STAGE 3 Data Delivery & Conversion
Tyler 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 Provide data
crosswalks/code
mapping tool
A C R I I I
Populate data
crosswalks/code
mapping tool
I C C A R C
Load Data
for Testing
Pull Data &
Conversion
Balancing
Reports
Map
Conversion
Write & Run
Conversion
Program
Validate
Data
Conversion
Reviews
Completed
Final
Conversion
Report &
Correct
Errors
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Iterations:
Conversion
Development
A C R I I
Iterations:
Deliver
converted data
A R I I I
Iterations:
Proof/Review
data and
reconcile to
source system
C C C A R C C
Inputs
Data Conversion Plan
Configuration
Outputs /
Deliverables
Code Mapping Complete / Validated
Conversion Iterations / Reviews Complete
Work package assumptions:
The City will provide a single file layout per source system as identified in the investment summary. The City subject matter experts and resources most familiar with the current data will be involved in the data conversion effort.
The City project team will be responsible for completing the code mapping activity, with assistance from Tyler.
This work package is not applicable.
Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Prepare Solution Stage Deliverables:
Licensed software is installed.
Installation checklist/system document.
Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Software is configured.
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Production Readiness
Activities in the Production Readiness stage will prepare the City team for go-live through solution validation, the development of a detailed go-live plan and end user training. A readiness assessment will be conducted with the City to review the status of the project and the organizations readiness for go-live.
Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that the City verifies all aspects of the Project (hardware, configuration, business processes, etc.) are functioning properly, and validates that all features and functions per the contract have been deployed for system use.
Objectives:
Validate that the solution performs as indicated in the solution validation plan. Ensure the City organization is ready to move forward with go-live and training (if applicable).
STAGE 4 Solution Validation
Tyler 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 Update Solution
Validation plan A R C C C C
Update test scripts (as
applicable) C C C A R C
Perform testing C C C A R C
Document issues from
testing C C C A R C
Perform required followup on issues A R C C C C
Inputs Solution Validation plan
Completed work product from prior stages (configuration, business process, etc.) Outputs /
Deliverables
Solution Validation Report
Work package assumptions:
Designated testing environment has been established.
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Testing includes current phase activities or deliverables only.
Go-Live Readiness
Tyler and the City will ensure that all requirements defined in Project planning have been completed and the Go-Live event can occur, as planned. A go-live readiness assessment will be completed identifying risks or actions items to be addressed to ensure the City has considered its ability to successfully Go-Live. Issues and concerns will be discussed, and mitigation options documented. Tyler and the City will jointly agree to move forward with transition to production. Expectations for final preparation and critical dates for the weeks leading into and during the Go-Live week will be planned in detail and communicated to Project teams.
Objectives:
Action plan for go-live established.
Assess go-live readiness.
Stakeholders informed of go-live activities.
STAGE 4 Go-Live Readiness
Tyler 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 Perform Readiness
Assessment I A R C C I C I I I I I I
Conduct Go-Live planning
session A R C C C C C C C
Order peripheral
hardware (if applicable) I A R C
Confirm procedures for
Go-Live issue reporting &
resolution
A R I I I I C C I I I I I
Develop Go-Live checklist A R C C C C I C C
Final system
infrastructure review
(where applicable)
A R C C
Inputs Future state decisions
Go-live checklist
Outputs /
Deliverables
Notes
Updated go-live checklist Updated Action plan and Checklist for go-live delivered to the City
Work package assumptions:
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None
End User Training
End User Training is a critical part of any successful software implementation. Using a training plan previously reviewed and approved, the Project team will organize and initiate the training activities.
Train the Trainer: Tyler provides one occurrence of each scheduled training or implementation topic. City users who attended the Tyler sessions may train additional users. Additional Tyler led sessions may be contracted at the applicable rates for training.
Tyler will provide standard application documentation for the general use of the software. It is not Tyler’s responsibility to develop City specific business process documentation. City-led training labs using City specific business process documentation if created by the City can be added to the regular training curriculum, enhancing the training experiences of the end users.
Objectives:
End users are trained on how to use the software prior to go-live. The City is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler 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 Update training plan A R C C I C
End User training (Tylerled) A R C C C I C C C
Train-the-trainer A R C C C I C
End User training (Cityled) C C A R I C C C
Inputs Training Plan
List of End Users and their Roles / Job Duties
Configured Tyler System
Outputs /
Deliverables
Notes
End User Training City signoff that training was delivered Work package assumptions:
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The City project team will work with Tyler to jointly develop a training curriculum that identifies the size, makeup, and subject-area of each of the training classes. Tyler will work with the City as much as possible to provide end-user training in a manner that minimizes the impact to the daily operations of City departments. The City will be responsible for training new users after go-live (exception—previously planned or regular training offerings by Tyler).
Control Point 4: Production Readiness Stage Acceptance
Acceptance criteria for this stage includes all criteria listed below. Advancement to the Production stage is dependent upon Tyler’s receipt of the stage acceptance.
Production Readiness stage deliverables:
Solution Validation Report.
Update go-live action plan and/or checklist.
End user training.
Production Readiness stage acceptance criteria:
All stage deliverables accepted based on criteria previously defined. Go-Live planning session conducted.
Production
Following end user training the production system will be fully enabled and made ready for daily operational use as of the scheduled date. Tyler and the City will follow the comprehensive action plan laid out during GoLive Readiness to support go-live activities and minimize risk to the Project during go-live. Following go-live, Tyler will work with the City to verify that implementation work is concluded, post go-live activities are scheduled, and the transition to Client Services is complete for long-term operations and maintenance of the Tyler software.
Go-Live
Following the action plan for Go-Live, defined in the Production Readiness stage, the City and Tyler will complete work assigned to prepare for Go-Live.
The City provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final conversion iteration, if applicable. If defined in the action plan, the City manually enters any data added to the Legacy System after final data extract into the Tyler system.
Tyler staff collaborates with the City during Go-Live activities. The City transitions to Tyler software for day-to day business processing.
Some training topics are better addressed following Go-Live when additional data is available in the system or based on timing of applicable business processes and will be scheduled following Go-Live per the Project Schedule.
Objectives:
Execute day to day processing in Tyler software.
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City data available in Production environment.
STAGE 5 Go-Live
Tyler 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 Provide final source data
extract, if applicable C C A R
Final source data pushed
into production
environment, if
applicable
A C R I C C C
Proof final converted
data, if applicable C C C A R C
Complete Go-Live
activities as defined in
the Go-Live action plan
C C C A R C I C
Provide Go-Live
assistance A R C C I C C I C I C
Inputs Comprehensive Action Plan for Go-Live
Final source data (if applicable)
Outputs /
Deliverables
Notes
Data is available in production environment City confirms data is available in production environment
Work package assumptions:
The City will complete activities documented in the action plan for Go-Live as scheduled. External stakeholders will be available to assist in supporting the interfaces associated with the GoLive live process. The City business processes required for Go-Live are fully documented and tested. The City Project team and subject matter experts are the primary point of contact for the end users when reporting issues during Go-Live.
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Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the exception of agreed-upon post Go-Live activities. The Tyler project manager(s) schedules a formal transition of the City onto the Tyler Client Services team, who provides the City with assistance following Go-Live, officially transitioning the City to operations and maintenance.
Objectives:
Ensure no critical issues remain for the project teams to resolve. Confirm proper knowledge transfer to the City teams for key processes and subject areas.
STAGE 5 Transition to Client Services
Tyler 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 Transfer City to Client
Services and review
issue reporting and
resolution processes
I I A I I R I I C C C
Review long term
maintenance and
continuous
improvement
A R C C C
Inputs Open item/issues List
Outputs /
Deliverables
Client Services Support Document
Work package assumptions:
No material project issues remain without assignment and plan.
Post Go-Live Activities
Some implementation activities are provided post-production due to the timing of business processes, the requirement of actual production data to complete the activities, or the requirement of the system being used in a live production state.
Objectives:
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Schedule activities that are planned for after Go-Live. Ensure issues have been resolved or are planned for resolution before phase or project close.
STAGE 5 Post Go-Live Activities
Tyler 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 Schedule contracted
activities that are
planned for delivery
after go-live
A R C C C C I C C I C C
Determine resolution
plan in preparation for
phase or project close
out
A R C C C I C C I C
Inputs List of post Go-Live activities
Outputs /
Deliverables
Acceptance Criteria [only] for
Deliverables
Updated issues log
Work package assumptions:
System is being used in a live production state.
Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance. Converted data is available in production environment.
Production Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Go-Live activities defined in the Go-Live action plan completed. Client services support document is provided.
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Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or Project. The City transitions to the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Client Services).
Phase Closeout
This work package represents Phase completion and signals the conclusion of implementation activities for the Phase. The Tyler Client Services team will assume ongoing support of the City for systems implemented in the Phase.
Objectives:
Agreement from Tyler and the City teams that activities within this phase are complete.
STAGE 6 Phase Close Out
Tyler 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 Reconcile project budget
and status of contract
Deliverables
I A R I I C
Hold post phase review
meeting A R C C C C C C C C C
Release phasedependent Tyler project
resources
A R I I
Participants Tyler City
Project Leadership Project Manager
Project Manager Project Sponsor(s)
Implementation Consultants Functional Leads, Power Users, Technical Leads
Technical Consultants (Conversion, Deployment,
Development)
Client Services
Inputs Contract
Statement of Work
Project artifacts
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Outputs /
Deliverables
Final action plan (for outstanding items)
Reconciliation Report
Post Phase Review
Work package assumptions:
Tyler deliverables for the phase have been completed.
Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time the City may choose to begin working with Client Services to look at continuous improvement Projects, building on the completed solution.
Objectives:
Confirm no critical issues remain for the project teams to resolve. Determine proper knowledge transfer to the City teams for key processes and subject areas has occurred.
Verify all deliverables included in the Agreement are delivered.
STAGE 6 Project Close Out
Tyler 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 Conduct post project
review A R C C C C C C C C C
Deliver post project
report to City and Tyler
leadership
I A R I I C
Release Tyler project
resources
A R I I
Inputs Contract
Statement of Work
Outputs /
Deliverables
Notes
Post Project Report
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Work package assumptions:
All project implementation activities have been completed and approved. No critical project issues remain that have not been documented and assigned. Final project budget has been reconciled and invoiced. All Tyler deliverables have been completed.
Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
Post Project Report.
Close Stage Acceptance Criteria:
Completed report indicating all Project deliverables and milestones have been completed.
General Assumptions
Tyler and the City will use this SOW as a guide for managing the implementation of the Tyler Project as provided and described in the Agreement. There are a few assumptions which, when acknowledged and adhered to, will support a successful implementation. Assumptions related to specific work packages are documented throughout the SOW. Included here are general assumptions which should be considered throughout the overall implementation process.
Project
Project activities will begin after the Agreement has been fully executed. The City and Tyler Project Team will complete their necessary assignments in a mutually agreed upon timeframe to meet the scheduled go-live date, as outlined in the Project Schedule. Sessions will be scheduled and conducted at a mutually agreeable time. Additional services, software modules and modifications not described in the SOW or Agreement will be considered a change to this Project and will require a Change Request Form as previously referenced in the definition of the Change Control Process. Tyler will provide a written agenda and notice of any prerequisites to the City project manager(s) ten (10) business days or as otherwise mutually agreed upon time frame prior to any scheduled on-site or remote sessions, as applicable.
Tyler will provide written agendas for all schedule meetings that identify meeting purpose, topics, expected participants, and any applicable technology considerations or prerequisites. Tyler will provide guidance for configuration and processing options available within the Tyler software. If multiple options are presented by Tyler, the City is responsible for making decisions based on the options available.
Implementation of new software may require changes to existing processes, both business and technical, requiring the City to make process changes.
The City is responsible for defining, documenting, and implementing their policies that result from any business process changes.
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Intentionally omitted
Resources and Scheduling
City and Tyler resources will participate in scheduled activities as assigned in the Project Schedule. Tyler will clearly identify and the City team will complete prerequisites prior to applicable scheduled activities. Failure to do so may affect the schedule.
Tyler and the City will provide resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget.
Abbreviated timelines and overlapped Phases require sufficient resources to complete all required work as scheduled.
Changes to the Project Schedule, availability of resources or changes in Scope will be requested through a Change Request. Impacts to the triple constraints (scope, budget, and schedule) will be assessed and documented as part of the change control process. The City will ensure assigned resources will follow the change control process and possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, change control process buy-in, and knowledge.
The City makes timely Project related decisions to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Failure to do so may affect the schedule, as each analysis and implementation session is dependent on the decisions made in prior sessions. The City will respond to information requests in a comprehensive and timely manner, in accordance with the Project Schedule.
The City will provide adequate meeting space or facilities, including appropriate system connectivity, to the project teams including Tyler team members.
For on-site visits, Tyler will identify a travel schedule that balances the needs of the project and the employee.
Data
Data will be converted as provided and Tyler will not create data that does not exist. The City is responsible for the quality of legacy data and for cleaning or scrubbing erroneous legacy data.
Tyler will work closely with the City representatives to identify business rules before writing the conversion. The City must confirm that all known data mapping from source to target have been identified and documented before Tyler writes the conversion. All in-scope source data is in data extract(s).
Each legacy system data file submitted for conversion includes all associated records in a single approved file layout.
The City will provide the legacy system data extract in the same format for each iteration unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget and resource availability may occur and/or data in the new system may be incorrect. The City Project Team is responsible for reviewing the converted data and reporting issues during each iteration, with assistance from Tyler.
The City is responsible for providing or entering test data (e.g., data for training, testing interfaces, etc.)
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Facilities
The City will provide dedicated space for Tyler staff to work with City resources for both on-site and remote sessions. If Phases overlap, City will provide multiple training facilities to allow for independent sessions scheduling without conflict.
The City will provide staff with a location to practice what they have learned without distraction.
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Glossary
Word or Term Definition
Acceptance Confirming that the output or deliverable is suitable and conforms to the agreed upon criteria.
Accountable The one who ultimately ensures a task or deliverable is completed; the one who ensures the prerequisites of the task are met and who delegates the work to those responsible. [Also see RACI]
Application A computer program designed to perform a group of coordinated functions, tasks, or activities for the benefit of the user.
Application Programming Interface (API) A defined set of tools/methods to pass data to and received data from Tyler software products
Agreement This executed legal contract that defines the products and services to be implemented or performed.
Business Process The practices, policy, procedure, guidelines, or functionality that the client uses to complete a specific job function.
Business Requirements Document A specification document used to describe Client requirements for contracted software modifications.
Change Request A form used as part of the Change Control process whereby changes in the scope of work, timeline, resources, and/or budget are documented and agreed upon by participating parties.
Change Management Guides how we prepare, equip and support individuals to successfully adopt change in order to drive organizational success & outcomes
Code Mapping [where applicable] An activity that occurs during the data conversion process whereby users equate data (field level) values from the old system to the values available in the new system. These may be one to one or many to one. Example: Old System [Field = eye color] [values = BL, Blu, Blue] maps to New Tyler System [Field = Eye Color] [value = Blue].
Consulted Those whose opinions are sought, typically subject matter experts, and with whom there is two-way communication. [Also see RACI]
Control Point This activity occurs at the end of each stage and serves as a formal and intentional opportunity to review stage deliverables and required acceptance criteria for the stage have been met.
Data Mapping [where applicable] The activity determining and documenting where data from the legacy system will be placed in the new system; this typically involves prior data analysis to understand how the data is currently used in the legacy system and how it will be used in the new system.
Deliverable A verifiable document or service produced as part of the Project, as defined in the work packages.
Go-Live The point in time when the Client is using the Tyler software to conduct daily operations in Production.
Informed Those who are kept up-to-date on progress, often only on completion of the task or deliverable, and with whom there is just one-way communication. [Also see RACI]
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Infrastructure The composite hardware, network resources and services required for the existence, operation, and management of the Tyler software.
Interface A connection to and potential exchange of data with an external system or application. Interfaces may be one way, with data leaving the Tyler system to another system or data entering Tyler from another system, or they may be bi-directional with data both leaving and entering Tyler and another system.
Integration A standard exchange or sharing of common data within the Tyler system or between Tyler applications
Legacy System The software from which a client is converting.
Modification Custom enhancement of Tyler’s existing software to provide features or functions to meet individual client requirements documented within the scope of the Agreement.
On-site Indicates the work location is at one or more of the client’s physical office or work environments.
Organizational Change The process of changing an organization's strategies, processes, procedures, technologies, and culture, as well as the effect of such changes on the organization.
Output A product, result or service generated by a process.
Peripheral devices An auxiliary device that connects to and works with the computer in some way. Some examples: scanner, digital camera, printer.
Phase A portion of the Project in which specific set of related applications are typically implemented. Phases each have an independent start, Go-Live and closure dates but use the same Implementation Plans as other Phases of the Project. Phases may overlap or be sequential and may have different Tyler resources assigned.
Project The delivery of the software and services per the agreement and the Statement of Work. A Project may be broken down into multiple Phases.
RACI A matrix describing the level of participation by various roles in completing tasks or Deliverables for a Project or process.
Individuals or groups are assigned one and only one of the following roles for a given task: Responsible (R), Accountable (A), Consulted (C), or Informed (I).
Remote Indicates the work location is at one or more of Tyler’s physical offices or work environments.
Responsible Those who ensure a task is completed, either by themselves or delegating to another resource. [Also see RACI]
Scope Products and services that are included in the Agreement. 83 December 15, 2025 Item 6
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Solution The implementation of the contracted software product(s) resulting in the connected system allowing users to meet Project goals and gain anticipated efficiencies.
Stage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project.
Standard Software functionality that is included in the base software (offthe-shelf) package; is not customized or modified.
Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project-specific activities, services, and Deliverables.
System The collective group of software and hardware that is used by the organization to conduct business.
Test Scripts The steps or sequence of steps that will be used to validate or confirm a piece of functionality, configuration, enhancement, or Use Case Scenario.
Training Plan Document(s) that indicate how and when users of the system will be trained relevant to their role in the implementation or use of the system.
Validation (or to validate) The process of testing and approving that a specific Deliverable, process, program, or product is working as expected.
Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down into smaller, more manageable components.
Work Package A group of related tasks within a project. 84 December 15, 2025 Item 6
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Part 4: Appendices
Conversion
Content Manager Conversion Summary
Content Manager – Standard
Up to 100,000 records
Up to 50 document type(s)
All visible fields configured for Tyler Content Manager Enterprise installations or the standard fields that exist for Tyler Content Manager Core installations Images and Attachments as described below
Lookups are imported with the assistance of the consultant Conversion from Single System
ERP Pro Utility Billing Conversion Summary
Utility Billing - Standard
Utility Contact Information
Utility Mailing and Billing Addresses
Utility Parcels
Account Master - (Average monthly payment, deposits, bank drafts, comments/notes) Meters/Services
Transaction History – Includes current year plus one prior year Read History
Utility Billing – Legacy/Historical Views
Unlimited historical transactions provided by the City can be converted by Tyler into historical views ERP Pro Financials Conversion Summary
General Ledger
Standard Conversion Includes:
Full chart of accounts listing, descriptions, and corresponding account types Element (segment) values and descriptions
Unlimited historical transactions as provided by client.
NOTE: Summarized budget figures for current fiscal year and historical years can be imported into the system from Excel. The City is ultimately responsible for producing the budget figures in Excel and verifying the results. Training will be provided on how to import budgets from Excel.
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producing the entries in Excel and verifying the results. Training will be provided on how to import JEs from Excel.
Accounts Payable
Standard Conversion Includes:
Vendor master information, address, primary contact, and NOTEs Unlimited historical transactions as provided by client.
NOTE: 1099 balances and non-1099 balances can be imported into the system using a standard import available to the City from Excel. The City will ultimately be responsible for creating the Excel spreadsheet and verifying the results. Training will be provided on how to import balances from Excel.
Personnel Management
Standard Conversion Includes:
Basic employee information – employee master, address, primary contact, dates, phone numbers, dependents, NOTEs
Current direct deposit bank information
Federal and state tax withholding information
Unlimited historical transactions provided by client.
NOTE: Employee positions/deductions will be created according to recommended best business practices.
NOTE: Clients going live on payroll mid-calendar year will have the option to import or enter quarterly employee payroll history to meet federal and state reporting requirements giving the ability to create a single set of W-2’s at calendar year end. The City will ultimately be responsible for entering in the quarterly employee payroll history and verifying the results. Training will be provided on how to enter in this information.
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Additional Appendices
This work package is not applicable.
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Project Timeline
ERP Pro Financial Management Timeline
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ERP Pro Utility Billing Timeline
MyGov Timeline
This work package is not applicable.
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1 Exhibit F
Submittal Attachment A (Key Functional and Technical Requirements) Incorporated by reference.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Martin Boyd, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: December 15, 2025
SUBJECT: Approval of Emergency Funding for Storm Drain and Roadway Repair along San Dieguito Drive
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve $131,000 in emergency funding for construction and inspection services for the emergency work related to the Emergency Storm Drain and Roadway Repair along San Dieguito Drive; 2) Ratify any prior authorization by the City Manager to facilitate the emergency repairs; and 3) Authorize the City Manager to execute any documents necessary to complete the work.
DISCUSSION/ANALYSIS:
Over the weekend of November 15-16, 2025, a storm drain and roadway failure occurred at the intersection of San Dieguito Drive and Racetrack View Drive due to a significant rain event. An existing 18-inch corrugated metal storm water pipe (CMP) and the storm drain inlet on the north side failed, damaging the roadway subgrade and compromising both the roadway and the underlying sewer pipeline. Continued failure of the storm drain system or roadway could result in a sanitary sewer overflow, public injury, or vehicle damage. Public Works responded by blocking off a portion of the westbound lane, placing sandbags to stabilize the area, and filling the void beneath the roadway with one-sack slurry fill to help prevent further collapse until permanent emergency repairs are implemented.
Staff worked with Michael Baker International (MBI), one of the City’s as-needed civil engineers, and TC Construction to identify an emergency solution to the storm drain and roadway failure. TC Construction is the City’s current contractor for the Crest Canyon (X1A) undergrounding project, and they specialize in these types of repairs. Additionally, the emergency work falls within their existing project area.
The emergency repair includes replacing the existing 18-inch CMP storm drain with modern reinforced concrete pipe (RCP), reconstructing the storm drain inlet and outlet structures on the north and southeast sides with concrete structures, protecting the sewer main, reinstallation of the guardrail, and reconstruction of the roadway subgrade and 1 December 15, 2025 Item 7
City Council Agenda Report
Emergency Funding for Storm Drain and Roadway Repair along San Dieguito Drive December 15, 2025