Ranking Barupon Srpingbrook Sprypoint
UB-Cashiering Only
Tyler Universus
PDS
XT Global
for monthly,
quarterly, and
yearly tax
forms and
filings, e.g.,
941 and 941B
Quarterly
Federal Tax
Returns, DE9
Quarterly Tax
Returns, W 2’s,
etc.
produce data for monthly,
quarterly, and yearly tax forms and
filings, such as 941 and 941B
Quarterly Federal Tax Returns, DE9
Quarterly Tax Returns, W2s, etc.,
which is a standard feature that
can be implemented out of the box
or with configuration included in
this proposal.
available in the report tab. Tyler will commit to providing all state and federal
mandated reports with data
file submissions required to
be submitted to the state that
are not already provided
through standard reports or
inquiry functions. In addition,
any changes to mandated
State/Federal specified file
layouts will be provided for no
additional
license/maintenance fees to
all clients who have a current
Maintenance Agreement in
place.
compliance with Federal
and State forms and
submission thereof.
R 230. Electronic
reporting to
Social Security,
IRS, State
CalPERS, CA
State
Controllers
Report,
California EDD
DE9C Wage
Reports, and
Workers
Comp.
Rating: 4 - The software supports
electronic reporting to Social
Security, IRS, State CalPERS, CA
State Controllers Report,
California EDD DE9C Wage
Reports, and Workers Comp,
which is a standard feature that
can be implemented out of the
box or with configuration included
in this proposal.
4, Springbrook maintains all
compliance reporting
4 Tyler will commit to providing
all state and federal
mandated reports with data
file submissions required to
be submitted to the state that
are not already provided
through standard reports or
inquiry functions. In addition,
any changes to mandated
State/Federal specified file
layouts will be provided for no
additional
license/maintenance fees to
all clients who have a current
Maintenance Agreement in
place.
4 – The Payroll is in full
compliance with Federal
and State forms and
submission thereof.
Rating 2
R 231. Generate W2s
and make
available via
employee selfservice portal.
Rating: 4 - The software supports
generating W2s and making them
available via employee selfservice portal, which is a standard feature that can be implemented
out of the box or with
4, W2s can be generated via
Springbrook platform and post
to employee self-service portal
4 Following W2 print process,
images are made available
via Employee Access
4: PDS allows customer to
print locally themselves or
contract with PDS at the
end of the year to provide
printing and delivery
services, if desired.
Rating 4
22.H.
Ranking Barupon Srpingbrook Sprypoint
UB-Cashiering Only
Tyler Universus
PDS
XT Global
configuration included in this
proposal.
I 232. Produce yearend accruals of
salaries,
benefits, and
accrued
compensation
(e.g.,
vacation).
Rating: 4 - The software can
produce year-end accruals of
salaries, benefits, and accrued
compensation (e.g., vacation),
which is a standard feature that
can be implemented out of the
box or with configuration included
in this proposal.
4, Springbrook can produce all
year – end reporting,
including, but not limited to
accruals of salaries, benefits,
comp, etc.
4 Year-end accruals of
salaries, benefits, and
accrued compensation
based on setup.
4 – Fully supported. Rating 4
R 233. Generate
GASB 68
reporting for
pension
liability.
Rating: 3 - The software can
generate GASB 68 reporting for
pension liability with the
integration of a 3rd party
software recommended in this
proposal.
4, Springbrook generates
GASB reporting
0 More information needed
regarding functionality
required by system
4: Vista can provide net
pension liability and other
pension-related amounts
to assist employers with
GASB 68 based on the type
of plan (e.g., agent or costsharing) in which the
employer is participating, if
requested.
Rating 4
R Reporting
R 234. Deliver library
of standard
reports.
Rating 4: The software provides a
library of standard reports that
can be used out of the box.
4, Springbrook offers a variety
of standard reports for each
module
4. SpryCIS includes multiple
standard reports.
4 Standard reports are
included
4 – Our ERP suite provides
many reports and tools as
standard built-in options
within the system,
supporting both predefined,
scheduled reports, custom
and “ad hoc” reporting.
Rating 4
R 235. User-level
query and
reporting tools
that allow
formatting of
data, dates,
filters, charts,
etc. List tools
offered.
Rating 4: The software provides
user-level query and reporting
tools that allow formatting of
data, dates, filters, charts, and
more. The specific tools offered
will depend on the software being
used.
4, Springbrook’s robust
reporting features include but
are not limited to allow for
formatting of data, dates,
filters, charts, etc.
4. SpryPoint Platform is
embedded Metabase
reporting tools that can be
used for ad-hoc reporting and
creating dashboards.
4 Some may require use of
SQL Server Reporting
Services and/or Cubes
4: Our solution can
implement filtering options
within its reporting
structure to allow users to
define the reports at the
scale and scope they
require. We will work with
our clients to determine the
proper schedule for the
transmission of scheduled
reports, as well as the
Rating 4
22.H.
Ranking Barupon Srpingbrook Sprypoint
UB-Cashiering Only
Tyler Universus
PDS
XT Global
design of any additional,
scheduled reports required.
Power BI, Crystal Reports,
MS Access, Excel
R 236. List power user
reporting tools
that can be
used, e.g.,
Microsoft
SSRS, Crystal.
Rating 3: The software may offer
power user reporting tools, such
as Microsoft SSRS or Crystal,
which can be used to create more
advanced reports.
4, We support Tableau 4. SpryPoint Platform is
embedded Metabase
reporting tools that can be
used for ad-hoc reporting and
creating dashboards. If the
City wants, data can be
exported and imported to
Power BI for example.
4 Tyler Reporting Services
utilizes Microsoft SQL Server
reporting services (SSRS),
allowing users to access and
report information stored in
any of their system
data files.
4: Power BI, Crystal Reports,
Excel
Rating 4
R 237. User-level
security flows
through to
queries,
reports and
drill-down.
Rating 4: The user-level security
flows through to queries, reports,
and drill-down, ensuring that
users only have access to the data
they are authorized to view.
4, Standard reports - users can
only report on the information
they have access to
4. Security settings flows
through to queries, reports
and drill-down.
4 Role permissions apply to
search results, queries and
reports.
4 - The ability to view and
query certain reports can be
tied to security roles and
permissions and audit
functionality to ensure the
business controls are
appropriately managed and
secured.
Rating 4
R 238. Drill down to
source
transactions
within queries
or reports.
Rating 4: Users can drill down to
source transactions within queries
or reports to obtain more detailed
information.
4, Springbrook can drill down
and even hyperlink back into
portions of the Springbrook
system from reports and
queries.
4. Drill down within queries
or reports are supported in
SpryCIS. Metabase is a user
friendly reporting tool that
allow for custom searches on
all financial transaction types
and ability to drill into
reported figures and identify
the specific transactions
making up those amounts.
4 In select reports, results can
have hyperlink for drill down
to record. Also, query
results will have option to
drill down to record.
4 - When a transaction is
posted as part of a business
process, for example from
purchasing or a manual JV
entry, the solution
automatically tracks the
other organization structure
entities including company
code, cost center, profit
center, project, work order
and the underlying business
process entity and incudes
this data in the GL posting.
This means you have
complete flexibility on
reporting at the GL level
and ability to pull data from
any of the transactional
data sources that are
relevant to the posted GL
Rating 4
22.H.
Ranking Barupon Srpingbrook Sprypoint
UB-Cashiering Only
Tyler Universus
PDS
XT Global
entry.
R 239. Generate
reports in
multiple
formats, e.g.,
HTML, PDF,
Excel, Word,
etc. Schedule
for delivery to
email or
dashboard.
Rating 4: Reports can be
generated in multiple formats,
such as HTML, PDF, Excel, Word,
and more. They can also be
scheduled for delivery to email or
dashboard.
4, Our standard reporting
functionality offers a variety of
exportable formats.
4. Users have the option to
generate reports in the
formats listed (HTML, PDF,
Excel, Word). Users can also
schedule reports to run on a
recuring basis and send an
email notification to one or
more designated user.
4 In available programs, users
can export reports to
specific formats including
PDF, Excel, and Word.
Email delivery available as
well as Hub (dashboard)
cards.
4 - Reports can be exported
into a variety of formats
including Excel, PDF, CSV,
HTML various formats for
further analysis.
In our advanced reporting
module, you can
automatically email your
reports, specifying delivery
intervals to a mailing list.
Rating 4
R 240. Save report
and query
templates and
make them
shareable with
other users or
kept private.
Rating 4: Report and query
templates can be saved and
shared with other users or kept
private. This allows users to
streamline report creation and
share knowledge with others in
the organization.
4, Option to save personal
reports or share reports with
others.
4. Collections are very similar
to folders and generally serve
as the repository where all
Utility’s dashboards, reports,
and charts are kept. Personal
collections are available that
are only visible to a specific
user and administrators.
Personal collections are often
used for work in progress or
experimental reports until
they are ready to be
published for all users.
4 Via ad-hoc SQL Server
Reporting Services.
4 - Building and editing
reports is a simple to use
process with numerous
configuration options so
that you can get the most
out of the data you are
collecting. Custom reports
can be saved and shared as
determined by the user.
Rating 4
22.H.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - May 28 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
Veronica Allen, Management Analyst;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Authorizing the Administrative Services Director to Increase Appropriations in the Amount of $158,711 in the Code Enforcement Program of Fund 120, Community Development, for Salaries and Fringe Benefits and Transfer Appropriations of $158,711 Within Fund 240, Community Development Block Grant, From the Code Enforcement Project 240-3350 to the CDBG Holding Account 240-3853-5500 RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the Administrative Services Director to Increase Appropriations in the Amount of $158,711 in the Code Enforcement Program of Fund 120, Community Development, for Salaries and Fringe Benefits and Transfer Appropriations of $158,711 Within Fund 240, Community Development Block Grant, From the Code Enforcement Project 240-3350 to the CDBG Holding Account 240-3853-5500.
BACKGROUND:
The City of Hemet is an entitlement city of the Community Development Block Grant (CDBG) program and, as such, receives annual grants on a formula basis from the U.S. Department of Housing and Urban Development (HUD). The purpose of CDBG is to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services, with maximum feasible priority given to activities that benefit low and moderate-income persons. The City is responsible for developing its own programs and funding priorities within CDBG and HUD requirements, as well as monitoring sub-recipients of the funds awarded under this grant.
On May 23, 2023, the Hemet City Council approved the FY 2023-24 CDBG funding allocation. On July 11, 2023, the Hemet City Council approved the projects for inclusion in the FY 2023-24 Annual Action Plan. One of the projects funded was an activity for code enforcement within the Fire/Department of Life Safety.
22.I.
CDBG Entitlement program regulation at 24 CFR 570.202(c), which reads as follows:
Code Enforcement: Costs incurred for inspection for code violations and enforcement of codes (e.g., salaries and related expenses of code enforcement inspectors and legal proceedings, but not including the cost of correcting the violations) in deteriorating or deteriorated areas when such enforcement together with public or private improvements, rehabilitation, or services to be provided may be expected to arrest the decline of the area.
From HUD Notice CPD-14-016 (Attachment 1): for CDBG purposes, code enforcement is defined as a process whereby local governments gain compliance with ordinances and regulations regarding health and housing codes, land use and zoning ordinances, sign standards, and uniform building and fire codes. Code enforcement may take place in primarily residential, commercial, and industrial areas. The legislative language requiring "other improvements" to be made to arrest the decline of the areas suggest a greater emphasis on structural issues. As a result, the CDBG program will expect that localities emphasize health and safety issues in buildings. Ancillary efforts to address violations of codes concerning vacant lots, signs, and motor vehicles are permitted in conjunction with efforts regarding buildings but should form a minor part of the code enforcement program. This notice serves as HUD's official stance on code enforcement.
The Community Development Block Grant (CDBG) partially funds 1.5 Full Time Equivalent of a Code Enforcement Officer II in the amount of $158,711. Concerns have been raised by the Housing and Urban Development (HUD) Community Planning and Development representative about utilizing CDBG funds for code enforcement programs. The City Attorney has similar concerns about CDBG funded code enforcement activity. To alleviate concerns, the City Manager is recommending the City discontinue use of CDBG funding for code enforcement.
DISCUSSION:
The HUD representative has stated that CDBG funding code enforcement activities is a concern. A broad statement for all code enforcement activities in general (not specific to the City of Hemet).
Questions such as: Is the activity being conducted in appropriate census block/tract locations that meet the National Objective? Is there backup support to the labor entries by code enforcement inspectors for the work being completed? These concerns are shared by the City Attorney. According to the City Attorney, while it is possible for the federal government's goals of the CDBG program and the City's administration of code enforcement to align, in practice HUD is skeptical of code enforcement. The regulations and record-keeping requirements for HUD compliance typically exceed the value from using CDBG for this purpose versus another program.
To alleviate concerns with CDBG funds funding the code enforcement program, it is recommended the City Council adopt the resolution (Attachment 2) to authorize the Administrative Services Director to increase appropriations in the amount of $158,711 in the Code Enforcement Program of Fund 120, Community Development, for salaries and fringe benefits and transfer appropriations of $158,711 within Fund 240, Community Development Block Grant, from the Code Enforcement Project 240- 3350 to the CDBG holding account 240-3853-5500.
PREVIOUS COUNCIL ACTION:
On July 11, 2023, the Hemet City Council approved the FY 2023-24 Annual Action Plan for submission to HUD.
22.I.
On May 23,2023, the Hemet City Council approved the FY 2023-24 CDBG funding allocations to project activities for inclusion in the Annual Action.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
The cost to the General Fund is $158,711 annually. The City is projected to end FY 2023-24 with a surplus in the General Fund due to salary savings from vacant positions and increased revenue from building permit fees. Therefore, the General Fund is sufficiently able to absorb the cost this fiscal year.
In future years, staff will budget all Code Enforcement personnel in the General Fund, utilizing tax revenue increases to cover the cost.
ATTACHMENT(S):
Attachment 1: CPD Notice 14-016
Attachment 2: A Resolution to Authorize the Administrative Services Director to transfer appropriations in the amount of $158,711 from fund 240-3350 to Fund 120-3350 with General Fund Reserves-REV
22.I.
U.S. Department of Housing and Urban Development
Community Planning and Development
Special Attention of:
Notice: CPD-14-016
All Secretary's Representatives
All State/Area Coordinators Issued: October 2014
All CPD Division Directors Expires: This Notice Is Effective Until It Is Amended, Superseded, or Rescinded
All CDBG Grantees
SUBJECT: Use of CDBG Funds for Code Enforcement Activities This Notice provides guidance on the use of CDBG funds for code enforcement activities. It will address the following topics:
I. What is Code Enforcement?
II. Purpose of Code Enforcement
III. Eligible Code Enforcement Costs
A. Code Enforcement Inspections
B. Enforcement Actions
IV. Ineligible Activities National Objectives for Code Enforcement A. Low and Moderate Income Area Benefit
B. Prevention or Elimination of Slum/Blight Area on An Area Basis C. Prevention or Elimination of Slum/Blight Area on A Spot Basis D. Slum/Blight Urban Renewal Completion
E. Urgent Need
F. Other National Objective Considerations
V. Fair Housing and Civil Rights
VI. Revenue from Code Enforcement Activities
VII. 2012 Statutory Provision on Code Enforcement
VIII. Recordkeeping Requirements
22.I.
2 I. WHAT IS CODE ENFORCEMENT?
The Housing and Community Development Act of 1974 (HCDA) and the CDBG regulations permit the use of CDBG funds for selected code enforcement activities. Section 105(a)(3) of the HCDA permits “the use of CDBG funds for code enforcement in deteriorated or deteriorating areas in which such enforcement, together with the public or private improvements or services to be provided, may be expected to arrest the decline of the area.” This provision is codified in the CDBG Entitlement program regulations at 24 CFR 570.202(c), which reads as follows:
Code enforcement. Costs incurred for inspection for code violations and enforcement of codes (e.g., salaries and related expenses of code enforcement inspectors and legal proceedings, but not including the cost of correcting the violations) in deteriorating or deteriorated areas when such enforcement together with public or private improvements, rehabilitation, or services to be provided may be expected to arrest the decline of the area.
Eligible code enforcement activities assisted under 24 CFR 570.202(c) for entitlement communities do not include the costs of correcting the code violations, which may be an eligible rehabilitation cost, provided a national objective is met. In the Entitlement CDBG program, the rehabilitation costs are separate and distinct from code enforcement activities carried out under 570.202(c). Rehabilitation of buildings and code enforcement activities are also listed in the HCDA as separate eligible activities. The State CDBG regulations do not contain a section listing eligible activities, and the Entitlement eligibility provisions are not binding on states.
States may use the Entitlement regulations as interpretive guidance in addition to Section 105(c) of the HCDA. Throughout this Notice, the text will refer to the Entitlement regulations regarding eligible activities; states should refer to the citations from the HCDA.
There are varying definitions and standards for code enforcement. Code enforcement is defined by some jurisdictions as the prevention, detection, investigation, and enforcement of violations of statutes and ordinances regulating public health, safety and welfare. Code enforcement can also include the maintenance and preservation of the value and appearance of residential, commercial, and industrial buildings within its boundaries. Some jurisdictions’ code enforcement efforts focus more on buildings and structures, while others are concerned with community cleanliness, public advertisement displays, garage sales, lawn care, environmental concerns (such as abandoned tires), and the condition of motor vehicles on the streets.
For CDBG program purposes, code enforcement is defined as a process whereby local governments gain compliance with ordinances and regulations regarding health and housing codes, land use and zoning ordinances, sign standards, and uniform building and fire codes.
Code enforcement may take place in primarily residential, commercial, and industrial areas. The legislative language requiring “other improvements” to be made to arrest the decline of the area suggests a greater emphasis on structural issues. As a result, the CDBG program will expect that localities emphasize health and safety issues in buildings. Ancillary efforts to address violations
22.I.
3 of codes concerning vacant lots, signs, and motor vehicles are permitted in conjunction with efforts regarding buildings, but should form a minor part of the code enforcement program.
II. PURPOSE OF CODE ENFORCEMENT
Most jurisdictions in the United States have building codes, which are rules that must be followed to comply with the minimum levels of safety for buildings and non-building structures.
The objective of these building codes is to ensure the health, safety, and protection of the public in the construction and occupancy of buildings. Building codes affect such matters as structural integrity, fire resistance, lighting, electrical, plumbing, sanitary facilities, ventilation, and seismic design. Therefore, the condition of buildings may be reflected in building, property maintenance, zoning, and/or other locally-adopted codes or ordinances, the enforcement of which would all be eligible with CDBG funds.
The purpose of having building codes and enforcement inspections is to protect the public health, safety and welfare. As an example, a house may not have the required number of electrical outlets in each room, which may result in too many items being plugged into an extension cord, resulting in a fire. Additional examples are bathrooms venting into attics, resulting in roof deterioration, and the structural integrity of floor and roof joists.
Code enforcement inspections may also seek to encourage residents (homeowners and tenants) to maintain the appearance and value of their housing units. It is hoped that other residents are motivated to keep their housing units in compliance with local codes because of the good condition of the surrounding housing units. Since this does not always happen, units of government enforce housing codes to ensure that housing units are maintained. Housing units that are well-maintained and meet all local housing codes and standards protect the health and safety of occupants, improve the value of the residential units in a neighborhood and give such neighborhoods the appearance of being well-maintained. Housing units that are dilapidated and/or vacant may attract squatters, vandals, drug addicts, and rodents.
Code inspections are also done to protect the health and safety of persons utilizing buildings such as public facilities. For example, a privately-owned daycare center utilized by children may have peeling paint on its walls, which may pose a danger to children who may eat it, even if it does not contain lead, or loose floorboards may pose a tripping hazard for children and adults. In addition, the owners of such facilities may face legal liability if someone is seriously injured. This may be the grantee if it is a public facility or a nonprofit carrying out an eligible activity.
Code enforcement can help to reduce crime in a neighborhood, as well. The “broken window” theory was introduced in 1982 by social scientists James Q. Wilson and George L.
Kelling. Their research showed that, if broken windows in a structure are not repaired, vandals are more likely to break more windows. Crime levels thus tend to be higher in areas where repairs are not accomplished. Therefore, jurisdictions monitor and maintain buildings,
22.I.
4 particularly in urban areas, to prevent vandalism and further deterioration so that neighborhoods are well-maintained and experience less crime.
III. ELIGIBLE CODE ENFORCEMENT COSTS
A. Code Enforcement Inspections
The cost of conducting code enforcement inspections is an eligible CDBG expense.
Section 105(a)(3) of the HCDA permits the use of CDBG funds for code enforcement in deteriorated or deteriorating areas in which such enforcement, together with the public or private improvements or services to be provided, may be expected to arrest the decline of the area. The CDBG Entitlement program regulations at § 570.202(c) provide that costs incurred for inspection and enforcement of codes, such as salaries and related expenses of code enforcement inspectors and legal proceedings, are eligible costs. In the Entitlement CDBG program, eligible code enforcement costs do not include the costs of correcting the code violations. Rehabilitation activities in § 570.202(a) and Section 105(a)(4) of the HCDA are distinct from code enforcement activities carried out under Section 105(a)(3) of the HCDA and § 570.202(c).
If a grantee is responsible for code enforcement, that grantee may conduct code enforcement inspections using its own employees. If the grantee contracts for code enforcement inspection services, the cost of procuring a code enforcement inspection company or specialist is an eligible CDBG activity delivery cost. Grantees may contract with another unit of government to perform code inspections services; hiring another government entity is not subject to procurement requirements at 24 CFR 85.36.
To conduct inspections in various areas within its jurisdiction, code enforcement inspectors may require the use of a vehicle. According to § 570.207(b)(1)(iii), purchase of equipment not an integral structural fixture (such as vehicles) with CDBG funds is eligible when necessary for use by a recipient or its subrecipients in the administration of activities assisted with CDBG funds. However, the grantee must be able to demonstrate that the vehicle is only being used for code enforcement inspections in CDBG-eligible areas. This may require logs to be kept for each trip. The vehicle may not be used for any other purpose. Vehicles may be leased with CDBG funds. Grantees may also purchase vehicles with non-CDBG funds (e.g., general funds) and then charge the CDBG program for their use. In the case of code enforcement, the use allowance is an eligible activity delivery cost [see § 570.207(b)(1)(iii)].
Appendix B, Item 11 of 2 CFR Part 2251(formerly OMB Circular A-87) describes cost allocation and use allowances and how costs may be maintained for vehicle usage.
1 OMB Circulars A-87, A-110, and A-122, were incorporated into 2 CFR Parts 225, 215, and 230, respectively. On December 26, 2014, the Uniform Administrative Requirements (2 CFR Part 215, A-102), Audit Requirements (A-133) and Cost Principles (2 CFR Parts 225 and 230) will be superseded by 2 CFR Part 200.
22.I.
5 Grantees may also use CDBG funds to purchase uniforms and/or coveralls if they are a job requirement for code enforcement inspectors and are a regular city-incurred expense.
Appendix A of 2 CFR Part 225 states that for the cost to be allocable to a Federal award, it must be consistent with policies, regulations, and procedures that apply uniformly to both federallyfinanced and other activities of the non-federal entity. Such costs would be considered activity delivery costs.
CDBG funds also may be used to purchase hand-held computers or tablets to record information as the code enforcement inspection is being conducted. The purchase or lease of such devices is an eligible activity delivery cost. If CDBG funds are used to purchase computers or tablets, the grantee must be able to demonstrate that they are only being used for code enforcement inspections in CDBG-eligible areas. If computers or tablets are leased or are purchased with non-CDBG funds, grantees must ensure that the use charges to the CDBG program are appropriately allocated by the percentage of time they are used for inspections carried out for CDBG purposes in CDBG-eligible areas and for non-CDBG purposes.
B. Enforcement Actions
The costs of legal proceedings that result from code enforcement inspections are also a CDBG-eligible expense. Grantees or their contractors issue citations and/or fines for code violations. The staff costs associated with processing and issuing the citations, collecting and processing the fines, and postage are all eligible activity delivery costs. The property owner may challenge the citation or fine assessed. A hearing may be scheduled to ensure that the property owner receives due process. The cost of the hearing is an eligible CDBG expense. The salaries of the hearing officers may be paid with CDBG funds proportionate to the time they spend hearing and deciding the appeals from code enforcement citations or fines resulting from CDBGassisted code inspections and enforcement expenses. If the grantee pays legal fees to an attorney as part of the proceedings, the grantee may charge to the CDBG program the legal fees allocable to CDBG code enforcement. These costs are considered activity delivery costs under § 570.202(c). A defendant’s legal costs are not eligible costs.
IV. INELIGIBLE CODE ENFORCEMENT COSTS
CDBG funds may be used for the costs for inspection of code violations and enforcement of codes in deteriorating or deteriorated areas when such enforcement together with public or private improvements, rehabilitation, or services to be provided may be expected to arrest the decline of the area. While the cost of correcting the violations is not an eligible code enforcement cost under § 570.202(c), the regulation states that code enforcement must be performed in conjunction with improvements, rehabilitation, or services. The purpose of this requirement is to ensure that the deteriorated or deteriorating areas are being made safe and sanitary for the general public, not to generate revenue via code violation fines.
Grantees may trigger concerns about the eligibility of code enforcement if it appears that the CDBG program is being used for general government expenses or if the use of CDBG
22.I.
6 funding appears excessive in relation to the community’s overall enforcement program. As fiscal stress has put pressure on local budgets, HUD has seen examples of significant increases in CDBG code enforcement budgets, while overall spending on enforcement remains the same.
Grantees should use CDBG for code enforcement as appropriate to advance the goals of the CDBG program in areas designated for such activity; HUD is not discouraging the use of CDBG in these cases. However, § 570.207(a)(2) prohibits grantees from using CDBG funds for general government expenses. Code enforcement is an eligible cost that may be paid from local and CDBG funding sources, and grantees have been tempted to shift existing code enforcement efforts to CDBG to relieve pressure on general fund budgets. HUD will look into cases where this appears to be happening to ensure that CDBG code enforcement activities adhere to the targeting and supporting services required for CDBG eligibility.
The costs of the rehabilitation, improvements, and services are not required to be CDBGassisted, although some of the rehabilitation and improvement costs may be CDBG-eligible. The cost to rehabilitate single unit housing or multifamily housing structures may be eligible under § 570.202(a) and (b) and Section 105(a)(4) of the HCDA. The rehabilitation of public facilities and improvements on publicly-owned buildings is eligible under § 570.201(c) and Section 105(a)(2) of the HCDA. Rehabilitation of commercial buildings may be eligible under §§ 570.202(a), 570.203(a) or (b) and Section 105(a)(14) of the HCDA. Demolition of buildings may be eligible under § 570.201(d) and Section 105(a)(4) of the HCDA.
Grantees may not use CDBG funds to pay for code enforcement inspections and enforcement in every area or neighborhood or for a grantee’s entire jurisdiction (e.g., city- or county-wide) unless the entire jurisdiction is deteriorating. Grantees may use state or local law to determine what constitutes a deteriorated/deteriorating area. The standards identified at §§ 570.208(b)(1) and 570.483(c)(1) may also be used to determine if an area is deteriorated or deteriorating. (See Section VI.B. below.)
V. NATIONAL OBJECTIVES FOR CODE ENFORCEMENT
A. Low- and Moderate-Income Area Benefit
Code enforcement activities may meet the national objective of benefit to low and moderate income persons on an area basis under § 570.208(a)(1) (for Entitlements) or § 570.483(b)(1) (for states) when carried out in deteriorated or deteriorating areas and when carried out in conjunction with public or private improvements, rehabilitation, or services that may be expected to arrest the deterioration of the area. This national objective may be met when code enforcement inspections are conducted on single or multifamily housing units, commercial buildings, and other publicly or privately-owned buildings. The building or facility being inspected must be located in a primarily residential area where a minimum of 51 percent of the residents in those areas are low- and moderate-income.
Some metropolitan cities and urban counties have few or no areas where 51 percent of the residents are low- and moderate-income. For these grantees, the CDBG law authorizes an
22.I.
7 exception criterion to be able to undertake area benefit activities. Specifically, Section 105(c)(2)(A)(ii) of the HCDA, as amended, states that an activity shall be considered to principally benefit low- and moderate-income persons when “the area served by such activity is within the highest quartile of all areas within the jurisdiction of such city or county in terms of the degree of concentration of persons of low and moderate income.” This is implemented in the regulations at § 570.208(a)(1)(ii), which identifies the methodology to calculate a grantee’s exception threshold. A list of exception grantees is available at http://www.hud.gov/offices/cpd/systems/census/lowmod/exception.cfm.
While residences and other real property in private ownership may be subject to code enforcement, code enforcement of such buildings would not be considered to meet the low and moderate income housing national objective (LMH). In addition, code enforcement inspections of public facilities serving presumed beneficiaries such as severely disabled adults, battered spouses, and persons with AIDS would not meet the low and moderate income limited clientele national objective (LMC). This is because the costs of the code enforcement actions, by themselves, do not provide a direct benefit to the homeowners or the users of the public facilities.
It is the correction of the code violations that directly benefit the residents; thus, the code enforcement must meet the area benefit (LMA) national objective. The rehabilitation or improvement of the homes and public facilities subject to code enforcement address the LMH or LMC national objective criteria.
B. Prevention or Elimination of Slum/Blight on an Area Basis Code enforcement activities may qualify under the national objective of prevention or elimination of slums/blight on an area basis under § 570.208(b)(1) (for Entitlements) and § 570.483(c)(1) (for States).
Code enforcement activity will be considered to address prevention or elimination of slums or blight in an area if:
(i) The area, delineated by the recipient, meets a definition of a slum, blighted, deteriorated or deteriorating area under State or local law;
(ii) The area also meets the conditions in either paragraph (A) or (B):
(A) At least 25 percent of properties throughout the area experience one or more of the following conditions:
(1) Physical deterioration of buildings or improvements; (2) Abandonment of properties;
(3) Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings;
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8 (4) Significant declines in property values or abnormally low property values relative to other areas in the community; or
(5) Known or suspected environmental contamination.
(B) The public improvements throughout the area are in a general state of deterioration.
Note that many of the criteria in (i) and (ii)(A) overlap with state or local definitions of slums and blight. Grantees may use some or all of these provisions as the basis for delineating “deteriorated or deteriorating areas” for eligibility purposes, even if the LMA criteria are being used for national objectives purposes. However, grantees are cautioned that there are some limits on their ability to use these requirements for both delineating deteriorated/deteriorating areas and for meeting the slum/blight national objective. For example, a determination that public improvements are in a general state of deterioration can be a basis for defining a slum/blighted area, but would not by itself sufficiently justify why a code enforcement program needs to be undertaken on private property in a given neighborhood. Conversely, state or local laws may provide a grantee with sufficient basis to define “deteriorated or deteriorating areas”, but do not by themselves qualify an area as slum or blighted for national objective compliance.
Some state or local definitions include criteria that have nothing to do with physical conditions of the built environment (such as “undeveloped land” or “inappropriately zoned” parcels.) In these cases, inappropriate requirements should not be included in the basis for a grantee’s determinations.
This national objective may be used when carrying out the inspection and enforcement of code violations in areas that are designated as slum or blighted as a way of bringing muchneeded improvements to such areas. The area does not have to be primarily residential, and code enforcement need not be limited to residential structures. Commercial and industrial buildings, and sometimes vacant lots, can lead to deterioration as well.
A redetermination of the area must be carried out every 10 years for the area to continue to qualify as a designated slum or blighted area. The grantee must maintain documentation that the area qualified as a slum or blighted area. The documentation must demonstrate the boundaries of the area, the date of the designation, the conditions and standards that qualified the area at the time of its designation in sufficient detail to show how it met the criteria for designation, and how the code enforcement addressed a condition that led to the decline of the area.
C. Prevention or Elimination of Slum/Blight on a Spot Basis Please note that code enforcement activities cannot meet the slum/blight spot national objective. The legislation and regulations require code enforcement to be undertaken in deteriorated or deteriorating areas, ruling out consideration of individual structures not located in such areas.
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9 D. Slum Blight Urban Renewal Completion
Although this national objective rarely applies, it remains an option for the few grantees that have outstanding urban renewal plans or areas. Grantees that want to conduct code enforcement inspections and enforcement in areas identified in the urban renewal plans may do so under the slum/blight urban renewal completion national objective if it is an activity that is necessary to complete the urban renewal plan. The grantee must be able to document this national objective by having a copy of the Urban Renewal Plan in effect at the time of closeout of HUD financial assistance under title I of the Housing Act of 1949 or financial settlement under Section 112 of the HCDA, and a description of how the inspections for code violations and enforcement of codes are needed to complete the urban renewal plan for the area.
E. Activities Designed to Meet Community Development Needs Having a Particular Urgency
Grantees may experience tornadoes, floods, hurricanes, and other disastrous events that do not rise to the level of Presidential declarations. In this instance, grantees would not receive Federal Emergency Management Agency (FEMA) funds to alleviate the effects of the disaster.
There may also be areas that experienced Presidentially-declared disasters, and FEMA funds were received and exhausted. In both instances, there may remain a need to address the devastation caused by the disaster. An area that was not previously deteriorated may become so if the effects of the disasters are not fully addressed because of a shortage of funds, and areas that were deteriorating before the disaster may further deteriorate.
Grantees may conduct code enforcement inspections in areas that experienced disasters to ensure that citizens are not residing in homes or frequenting buildings with environmental contaminants and other problems that affect their safety and welfare. Following a disaster, for example, buildings may have mold and mildew, which are environmental contaminants. In such instances, code enforcement may meet the urgent need national objective. In the Entitlement program, grantees must certify that existing conditions pose a serious and immediate threat to the health and welfare of the community, the disastrous occurrence is of recent origin (18 months before the grantee’s certification) or recently became urgent, that the grantee is unable to finance the activity on its own, and that no other funding resources are available. In the State program, the unit of general local government certifies, and the state determines, that those same conditions exist. Grantees must be able to document that the inspections for code violations and enforcement of codes were designed to address the urgent need, met the timing of the development of the serious condition, and have evidence demonstrating that no other financial resources were available to address the urgent need.
Please note that if CDBG-Disaster Recovery funds are used, the requirements to document urgent need may differ; and, they may depend on the requirements that apply to the specific appropriation of disaster recovery funds involved.
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10 F. Other National Objective Compliance Considerations Grantees must ensure that they are not paying the salaries for code enforcement personnel over their entire jurisdiction, unless the grantee has determined that its entire jurisdiction is deteriorated or deteriorating. The areas where the inspections are being carried out using code enforcement inspectors whose salaries are paid with CDBG funds must be deteriorated or deteriorating. In some communities, this will be areas that demonstrate substantial abandonment or that are designated as slum/blighted areas by local or state law.
Many of the criteria at § 570.208(b)(1)(i) and (ii)(A) overlap with state or local definitions of slums and blight. Grantees may use some or all of these provisions as the basis for delineating “deteriorated or deteriorating areas” for eligibility purposes. However, there are some limits on grantees’ ability to use these requirements for both delineating deteriorated/deteriorating areas and for meeting the slum/blight national objective. State or local laws may provide a grantee with a sufficient basis to define “deteriorated or deteriorating areas” but that definition may not meet the state or local law definition to qualify an area as slum or blighted for national objective compliance purposes. In addition, some state or local definitions include criteria that have nothing to do with physical conditions of structures (such as “undeveloped land” or “inappropriately zoned” parcels). The grantee must be careful not to apply inappropriate requirements as the basis for its determinations.
When carrying out eligible code enforcement activities under the slum/blight or urgent need national objectives, grantees should be mindful of the statutory overall low- and moderateincome benefit requirement: over a period of time specified in the grantee’s certification, not to exceed three years, not less than 70 percent of CDBG funds shall be expended for activities that benefit low- and moderate-income persons.
VI. FAIR HOUSING AND CIVIL RIGHTS CONSIDERATIONS
Section 109 of Title I of the Housing and Community Development Act of 1974 prohibits CDBG grantees and sub-grantees from conduct that will cause discrimination on the ground of race, color, national origin, religion, or sex, in the participation in any program or activity funded in whole or in part with Federal financial assistance.
Pursuant to 24 CFR 5.105 (a), CDBG grantees and sub-grantees must also comply with various fair housing and civil rights laws, including but not limited to the Fair Housing Act,Title VI of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973. Grantees and- sub-grantees must assure that all CDBG-funded activities, including code enforcement activities, do not discriminate on the basis of race, color, religion, sex, disability, familial status, or national origin.
Pursuant to Section 504 of the Rehabilitation Act of 1973, CDBG grantees and subgrantees should implement affirmative efforts to involve and ensure equal access to people with disabilities; therefore, varied approaches may be required to assure effective communication and
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11 information dissemination. For example, the code enforcement agency could ensure that electronic information concerning the building code is accessible to persons with disabilities. As another example, the code enforcement agency could conduct outreach to organizations representing persons with disabilities to inform them about inspection services to ensure compliance with accessibility requirements and about procedures for filing accessibility-related complaints. Also, pursuant to Section 504, the code enforcement agency must ensure that its communications offices and hearing rooms are accessible to persons with disabilities.
Recipients of CDBG funds should take reasonable steps to ensure meaningful access to their programs and activities to limited English proficient individuals. As an aid to recipients, the Department published Final Guidance to Federal Financial Assistance Recipients: Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (LEP Guidance) in the Federal Register at 72 FR 2732. For assistance regarding LEP obligations, go to www.justice.gov/crt/lep/guidance/HUD_guidance_Jan07.pdf. For more information on LEP, please visit www.hud.gov/offices/fheo/promotingfh/lep.cfm .
Finally, CDBG recipients and subrecipients must affirmatively further fair housing in their use of such funds. Grantees may offer services to affirmatively further fair housing in code enforcement. Such costs, examples of which follow, are not eligible code enforcement expenses but could be eligible as public services or program administrative costs. Both of these categories have caps on the overall activity expenses.
Providing mobility counseling or referrals to housing counseling agencies for persons temporarily or permanently displaced by code enforcement actions; Training staff on fair housing requirements;
Providing outreach to marginalized populations
Establishing partnerships with Fair Housing Organizations, state and local fair housing agencies, and community-based organizations representing protected classes under the Fair Housing Act.
VII. REVENUE FROM CODE ENFORCEMENT INSPECTIONS AND ENFORCEMENT
OF CODES
Jurisdictions may assess a fine to the owner of the property that incurred the code violation. Since the fines are the end result of carrying out a CDBG-assisted activity, some grantees have been treating these fines as program income. However, such fines are not program income because they do not meet the definition of program income at § 570.500(a). Rather, revenue from code enforcement fines should be treated either as applicable credits against CDBG expenditures or as general revenue.
Appendix A of 2 CFR Part 225 defines applicable credits as receipts or reductions of expenditure type transactions that offset or reduce expense items allocable to Federal awards.
To the extent that such credits accruing to or received by the governmental unit relate to allowable costs, they shall be credited to the Federal award either as a cost reduction or cash refund, as appropriate.
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12 There are two instances that must be met for code enforcement fines to be considered applicable credits: (1) the cost of the inspections for code violations and enforcement of codes, which may include the inspectors’ salaries, must have been wholly or partially paid for with CDBG funds, and (2) the intended purpose of the code enforcement fine, as reflected in local law, handbook, manual, etc., is to recover the costs incurred for the code enforcement activities without regard to the source of funds for payment of the code enforcement activity. The second criterion means that local law or procedure requires that collected fines be used to recover the costs of code enforcement, regardless of the source of the funds used to pay these costs. For example, if 50 percent of a code enforcement inspector’s salary is paid with CDBG funds and his or her code inspections in Target Area A resulted in $5,000 in fines being assessed, $2,500 would be considered an applicable credit against the CDBG expenditure, but only if the intended purpose of assessing the fine is to recover the code enforcement expenditures.
Code enforcement fines should be treated as general revenue if:
1) the purpose of the fine is not to recover the cost of the code inspections and enforcement;
2) the costs of carrying out the code inspections and enforcement were not paid with CDBG funds; or
3) the amount of the fine exceeds the costs paid with CDBG funds.
For example, a jurisdiction may require that revenues from code enforcement fines go into a dedicated fund that is used solely for some other purpose such as after-school education programs. Other income received by governments that may be considered general revenue include income earned from investments and income received from the payment of fines.
VIII. 2012 STATUTORY PROVISION ON CODE ENFORCEMENT
Title II of Division F of the Moving Ahead for Progress in the 21st Century Act (MAP21) of 2012 ( Pub. L. 112-141) amended Section 105(a) of the Housing and Community Development Act of 1974 to add a new Section 105(a)(27) to the HCDA. This provision permitted CDBG funds to be used to supplement existing state or local funding for administration of building code enforcement by local building code enforcement departments, including:
1) increasing staffing;
2) providing staff training;
3) increasing staff competence and professional qualifications; 4) supporting individual certification or departmental accreditation; and 5) capital expenditures specifically dedicated to the administration of the building code enforcement department.
This legislation permitted training for code enforcement staff to be considered an activity delivery cost rather than a program administrative cost. This statute had a sunset date of July 6, 2014; CDBG-assisted activities allowed via this statutory authority are no longer eligible.
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13 However, some grantees may have undertaken code enforcement activities under its auspices while it was in effect. In particular, CDBG assistance provided under the authority of Section 105(a)(27) of the HCDA was required to be matched using non-Federal funds as follows:
1) For building code enforcement departments serving an area with a population of more than 50,000, not less than 50 percent of the total amount of CDBG funds provided for this activity;
2) for building code enforcement departments serving an area with a population of between 20,001 and 50,000, not less than 25 percent of the CDBG funds provided for this activity; and
3) For building code enforcement departments serving an area with a population of less than 20,000, not less than 12.5 percent of the CDBG funds provided for this activity.
Section 105(a)(3) of the HCDA and § 570.202(c) also permit the use of CDBG funds to pay the salaries of code enforcement inspectors. Training in code enforcement procedures and practices and paying for courses to increase inspectors’ abilities to carry out efficient and proper code inspections and enforcement are eligible as activity delivery costs of CDBG-assisted code enforcement activities under Section 105(a)(3) of the HCDA and § 570.202(c). CDBG assistance under these provisions does not require a match and there is no sunset for these provisions.
IX. RECORDKEEPING REQUIREMENTS
The Entitlement CDBG program regulations at § 570.506 identify records that must be kept by grantees carrying out CDBG-assisted activities. The State CDBG program regulations at § 570.490(a) and (b) identify records that states and units of general local government must maintain and provides that the content of records maintained by the state shall be as jointly agreed upon by HUD and the states. A copy of those requirements may be accessed at http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_16372.pdf.
The lack of time distribution records and documentation to demonstrate use of CDBG funds for code enforcement in eligible areas has been a significant problem for some grantees.
Not having complete and accurate documentation has resulted in monitoring findings and disallowed costs. Grantees have been required to repay significant sums of money from nonfederal funds because they did not maintain records delineating the deteriorated or deteriorating areas, or records demonstrating that the CDBG program only paid for code enforcement costs in those areas. HUD has seen instances in which automobiles were purchased ostensibly for code enforcement purposes solely in defined areas, but the vehicle was assigned to a motor pool with no restrictions on who could use it; those costs had to be repaid. To avoid this problem, grantees should ensure that their records and documentation demonstrate activity eligibility, national objective compliance, allowability of costs, and cost reasonableness. In addition, grantees must ensure that their time distribution records regarding time spent conducting code enforcement in eligible areas is accurate. Having this information readily available is critical for grantees to avoid monitoring findings and disallowed costs.
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14 At a minimum, grantees are required to have records that provide a full description of each activity being assisted with CDBG funds, including its location, if applicable; the amount of CDBG funds budgeted, obligated, and expended for the activity; and the provision in 24 CFR 570 subpart C or section 105(a) of the HCDA under which it is eligible. In addition, grantees must also have records that demonstrate how activities meet the criteria for national objectives in §§ 570.208 or 570.483. Records that grantees should maintain when carrying out CDBGassisted code enforcement activities include:
The state and local law definitions of deteriorated/deteriorating. A description of the conditions of the areas in which CDBG funds are used for code enforcement, demonstrating that these areas meet the state local law definition of deteriorated/deteriorating.
If the low/moderate income area benefit national objective criterion is used, the boundaries of the areas in which CDBG funds are used for code enforcement that demonstrate compliance with this national objective.
If the slum/blight area national objective criterion is used, the grantee’s delineation of the areas inspected as slum/blighted under state or local law; a determination that a minimum of 25 percent of the buildings in the delineated area have either physical deterioration, property abandonment, chronic high occupancy turnover rates, and/or significant declines in property values or abnormally low property values relative to other areas in the community; and documentation of known or suspected environmental contamination. If the slum/blight urban renewal national objective criterion is used, the Urban Renewal Plan in effect at the time of closeout of Federal financial assistance under the Housing Act of 1949 or financial settlement under Section 112 of the HCDA, documentation that the urban renewal plan is incomplete, and a description of how the code enforcement inspections and enforcement were needed to complete the plan for the area. If the urgent need national objective is used, for entitlement grantees, a certification that the buildings inspected posed a serious and immediate threat to the health and welfare of the community, the disastrous occurrence was of recent origin (18 months before the grantee’s certification, and that no other funding resources were available to assist the activity [§ 570.208(c)]. For the State CDBG program, the unit of general local government makes the certification, and the State determines, that the criterion above was met. See § 570.483(d). Identification of other activities to be carried out (whether CDBG-assisted or not) that will arrest the decline of the areas and their funding sources. Compliance with the procurement standards at § 85.36 when equipment and services are procured.
Grantees should also be able to justify expenses for necessary equipment and their use (e.g., uniforms/coveralls, handheld computers, gasoline, vehicle lease payments or use allowances). Grantees should maintain salary records (salaries, benefits, timesheets) of code enforcement inspectors being paid with CDBG funds and a description of all areas they are responsible for inspecting. The grantee must also document costs for legal proceedings such as salaries of hearing officers and attorneys.
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15 CDBG funds may be used to pay for salaries, related benefits and costs such as uniforms, equipment, and vehicle use allowances, only for staff responsible for conducting inspections in specific target areas or areas that meet the low and moderate income area benefit national objective. Furthermore, such costs should be supported by time distribution records (if costs are treated as direct charges) or an indirect cost allocation plan prepared in accordance with applicable Federal cost principles. Grantees should charge the salaries of hearing officers in the same manner whenever possible. By doing so, grantees can avoid charging the CDBG program for the costs of code enforcement inspections carried out in ineligible areas and/or for charging the entire cost of their code enforcement programs to the CDBG program.
Questions concerning this Notice should be directed to your local HUD Field Office.
Field Offices should direct their questions to the Entitlement Communities Division at (202) 708-1577 or the State and Small Cities Division at (202) 708-1322.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AUTHORIZING THE
ADMINISTRATIVE SERVICES DIRECTOR TO INCREASE
APPROPRIATIONS IN THE AMOUNT OF $158,711 IN THE
CODE ENFORCEMENT PROGRAM OF FUND 120,
COMMUNITY DEVELOPMENT, FOR SALARIES AND
FRINGE BENEFITS AND TRANSFER APPROPRIATIONS
OF $158,711 WITHIN FUND 240, COMMUNITY
DEVELOPMENT BLOCK GRANT, FROM THE CODE
ENFORCEMENT PROJECT 240-3350 TO CDBG
HOLDING ACCOUNT 240-3853-5500
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet is an entitlement city of the Community Development Block Grant (CDBG) program and, as such, receives annual grants on a formula basis from the U.S. Department of Housing and Urban Development (HUD).
The purpose of CDBG is to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services, with maximum feasible priority given to activities that benefit low and moderate-income persons. The City is responsible for developing its own programs and funding priorities within CDBG and HUD requirements, as well as monitoring sub-recipients of the funds awarded under this grant; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
WHEREAS, on May 23, 2023, the City Council approved the FY 2023-24 CDBG funding allocation. On July 11, 2023, the Hemet City Council approved the projects for inclusion in the FY 2023-24 Annual Action Plan. One of the projects funded was an activity for Code Enforcement within the Fire/Department of Life Safety; and WHEREAS, from HUD Notice CPD-14-016 (Attachment 1): for CDBG purposes, code enforcement is defined as a process whereby local governments gain compliance with ordinances and regulations regarding health and housing codes, land use and zoning ordinances, sign standards, and uniform building and fire codes. Code enforcement may take place in primarily residential, commercial, and industrial areas.
The legislative language requiring "other improvements" to be made to arrest the decline of the areas suggest a greater emphasis on structural issues. As a result, the CDBG program will expect that localities emphasize health and safety issues in buildings. Ancillary efforts to address violations of codes concerning vacant lots, signs, and motor vehicles are permitted in conjunction with efforts regarding buildings, but should form a minor part of the code enforcement program; and WHEREAS, the Community Development Block Grant (CDBG) partially funds
1.5 Full Time Equivalent of a Code Inspector in the amount of $158,711; and WHEREAS, concerns have been raised by the Housing and Urban Development (HUD), Community Planning and Development representative about CDBG funds funding Code Enforcement programs; and
WHEREAS, in order to address this concern, the City would like to stop funding Code Enforcement with CDBG funding.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Authorize the Administrative Services Director to increase appropriations in the amount of $158,711 in the Code Enforcement Program of Fund 120, Community Development, for Salaries and Fringe Benefits and transfer appropriations within Fund 240, Community Development Block Grant, from the Code Enforcement project 240-3350 to the CDBG Holding Account 240-3853-5500.
SECTION 3. This Resolution shall become effective on May 28, 2024.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
PASSED, APPROVED AND ADOPTED this 28th day of May, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 28th day of May, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - May 28 2024
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Eddie Sell, Fire Chief;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet Approving the Agreement with Tyler Technologies for CIP 2404 - Enterprise Permitting & Licensing (EPL) Software in the Amount Not to Exceed $2,610,164 over 10 years, Authorize the City Manager to execute all documents related to the Agreement including additional expenditures of up to 3% ($78,300) of the Agreement amount if necessary and Authorize the Administrative Services Director to Establish Supplemental Appropriations for Implementation Costs totaling $900,329 for CIP 2404 RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1) Adopt a Resolution of the City Council of the City of Hemet approving the agreement with Tyler Technologies for CIP 2404 Enterprise Permitting & Licensing (EPL) Software in the Amount Not to Exceed $2,610,164 over 10 years and;
2) Authorizing the City Manager to execute all documents related to the Agreement including additional expenditures of up to 3% ($78,300) of the Agreement amount if necessary, and; 3) Authorizing the Administrative Services Director to increase Supplemental Appropriations for Implementation Costs totaling $900,329 for CIP 2404.
BACKGROUND:
As an essential part of city government's function, all parcels of land that lay within the City of Hemet are tracked. This includes their existence as a vacant lot and zoning within the city's general plan, as well as their planning, development, and use. Additionally, records of plans, permits and inspections are stored for reference and retrieval if necessary. Currently, the City of Hemet utilizes an electronic permitting and licensing (EPL) software to accomplish these tasks.
Furthermore, cases involving property owner compliance with various municipal codes are tracked within the EPL for use by Code Compliance Officers. This includes correspondence, violations and records of citations.
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ANALYSIS:
In 2005, the City of Hemet began to utilize a program called TRAKit to fulfill its EPL needs. Over the next several years, software updates were made to provide maintenance to the program. Once webbased platforms became more standard, TRAKit migrated from a computer-based platform to a webbased platform and eventually stopped supporting the computer-based software. As a result, the ability to provide support and training to users of the old system dwindled. Turnover in City staff also left departments devoid of institutional knowledge to help bridge the training gap. The only option provided to the City by the software vendor was to purchase the new web-based version.
The City recognized the importance of exploring its options and entered into a contract with SoftResources, an EPL consultant, to ensure the best possible solution. With the assistance of SoftResources, City staff organized meetings with the affected departments to gather their requirements for a new system.
After extensive discussions, a Request for Proposals (RFP) was drafted and published on PlanetBids on January 26, 2023. This announcement went out to 149 vendors, resulting in the submission of 10 proposals on the March 9, 2023 deadline. The proposals were reviewed by members from all affected departments and the following were the rating results:
Criteria
Max
Point
s
Avocett
e
Accela
Centra
l
Squar
e
Civi
c
Plus
Civo
s
Dave
n
port
Main
t
star
Online
Solutions -
citizenserv
e
Redmar
k -
Accela
Tru
e
poin
t
Tyle
r
Functional
and Technical
Fit to the
City’s
Requirements
25 10 6 4 12 15 15 15 20 24 25
Technology
and
Architecture of
the Solution
20 8 4 2 10 12 12 12 17 19 20
Vendor’s
Experience
and Expertise
15 14 13 2 3 1 5 8 10 12 15
Implementatio
n Approach
and Timeline
15 10 15 15 15 15 15 0 10 8 15
Quality of
References
Submitted
10 10 5 10 10 10 5 10 10 10 10
Total Cost of
the Solution 15 5 11 14 11 14 15 10 9 8 8
Total 100 57 54 47 61 67 67 55 76 81 93
After review, the choices were narrowed down to the 3 top ranked companies: Tyler Technologies, Truepoint, and Redmark-Accela. These 3 companies also provided live demonstrations and the post demo ratings were as follows:
Post Demo - Points
Criteria Max Points Redmark Truepoint Tyler
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Accela Clariti EPL
Functional and
Technical Fit to
the City’s
Requirements
25 22 24 25
Technology
and
Architecture of
the Solution
20 15 19 20
Vendor’s
Experience
and Expertise
15 12 10 15
Implementation
Approach and
Timeline
15 12 12 12
Quality of
References
Submitted
10 10 10 10
Total Cost of
the Solution 15 8 5 7
Total 100 79 80 89
DISCUSSION:
As the City implements the new EPL system, certain City staff members will be assigned the responsibility of training on its usage. Additionally, it is essential to guarantee that the training does not impede the regular duties of the City staff. To address this, the City may need to recruit contracted personnel or provide overtime to manage the workload during the training period for the following divisions/departments: Building, Code Compliance, Fire Prevention, Planning, Public Works, Business License and Information Technology.
The estimated cost of the contracted personnel and overtime for City staff is $250,000.
PREVIOUS COUNCIL ACTION:
None.
STRATEGIC PLAN INTEGRATION:
GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.
Objective 1: Develop business practices that welcome new development by streamlining processes.
Objective 2: Provide resources for new businesses to enhance the customer service experience.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
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Objective 3: Increase the community's pride within the City.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
The total Implementation Costs for Tyler EPL Software of $900,329. Staff is recommending the use of General Fund unassigned fund balance to cover the cost to the General Fund of $860,329. There is sufficient fund balance in the Administrative Services Fund 680 to cover the cost of $40,000 for the data cleanup and migration.
The breakdown is as follows:
Base Implementation Costs $428,669
Optional My Civic and Executive Insights Implementation Costs $58,700
Travel Costs $24,660
IT Data Cleanup and Migration $40,000
Fire Investigation Software, First Due, Interface with Tyler $20,000 Overtime/Backfill for City Staff $250,000
Contingency $78,300
Total $900,329
The total cost for implementation, data cleanup and migration, software interface, and contingency is $650,329. Staff is recommending supplemental appropriations in the following expenditure accounts:
Business License 100-2404-2265 $ 25,600
Fire Prevention 110-2404-2265 $ 45,600
Building 120-2404-2265 $230,429
Code 120-2404-2265 $ 76,800
Planning 120-2404-2265 $ 76,800
Public Works 120-2404-2265 $ 76,800
Contingency 120-2404-2265 $ 78,300
IT 680-2404-2400 $ 40,000
Estimated Overtime/Backfill Costs Total Cost is $250,000. Staff is recommending supplemental appropriations in the following expenditure accounts:
Business License 100-2404-1300 $ 15,000
Fire Prevention 110-2404-1300 $ 20,000
Building 120-2404-2610 $105,000
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Code 120-2404-1300 $ 30,000
Planning 120-2404-1300 $ 40,000
Public Works 120-2404-1300 $ 40,000
ATTACHMENT(S):
Attachment 1 - Tyler Technologies EPL Agreement
Resolution - Tyler Technologies - EPL Software.pdf
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1 ENTERPRISE PERMITTING & LICENSING
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
• “Agreement” means this Software as a Service Agreement, including listed Exhibits and Schedules.
• “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
• “Client” means City of Hemet, California.
• “Data” means your data necessary to utilize the Tyler Software. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
• “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary.
• “Developer” means a third party who owns the intellectual property rights to Third Party Software.
• “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
• “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us.
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2 • “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
• “Invoicing and Payment Policy” means the mutually agreed upon Invoicing and Payment terms attached as Exhibit B.
• “Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
• “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • “SLA” means the service level agreement between Tyler and Client is attached hereto as Exhibit C.
• “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E.
• “Support Call Process” means the support channels and methods applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
• “Third Party” means providers other than Tyler who provide to the Client Third Party Hardware, Third Party Software, Third Party Products, and Third Party Services pursuant to this Agreement. • “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
• “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
• “Third Party Services” means the third party services, if any, identified in the Investment Summary.
• “Third Party Software” means the third party software, if any, identified in the Investment Summary.
• “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
• “we”, “us”, “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.
SECTION B – SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS
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3 Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9).
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with Exhibit B to this Agreement. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you exceed the Defined Users or Data Storage Capacity, we will notify you and provide you with the option to either reduce your usage to within the contract limits or pay a revised fee to cover the additional usage.
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a
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4 summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a Third Party data center, we will provide available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor and prevent malicious activity in the network, and to log and block any such activity . We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test no more often than once per year and on a mutually agree schedule.
At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we
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5 are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance, and in the event of any change in our status, will comply with applicable notice requirements. Should the requirements of compliance change, we will make commercially reasonable efforts to remain in compliance.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary and described in the mutually agreed upon Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or, integration, or interface estimates) required for the project based on our understanding of the specifications you supplied and as outlined in the Statement of Work. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. The addendum or change order must be mutually agreed to and signed by each party before additional services commence.
4. Client Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (b) any non-refundable travel expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event you cancel within four (4) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you..
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
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6 7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).
9. Personnel Review. Client shall have the right to request reasonable information regarding the Tyler personnel assigned to the project. Client has the right to request replacement of Tyler project personnel in the event the services provided by such personnel do not conform to the services warranty. Tyler will be permitted a reasonable opportunity to address the documented deficiencies in performance. Tyler will use commercially reasonable efforts to maintain the consistency of project personnel. Client will not be responsible for paying the time and costs related to briefing, training, or onboarding any new Tyler staff assigned to the project regardless of circumstance.
10. Maintenance and Support. For so long as you pay your SaaS Fees according to the this Agreement, then in addition to the terms set forth in the SLA and the Support Call Process, we will:
10.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
10.2 provide support during our established support hours;
10.3 maintain personnel that are sufficiently trained to be knowledgeable with the Tyler Software and familiar with Third Party Software, if any, in order to provide maintenance and support services;
10.4 make available to you all releases to the Tyler Software (including, without limitation, updates and enhancements) that we make generally available without additional charge to customers and
10.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.
We agree to provide you with reasonable notice if we intend to stop providing support services described above. We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix.
Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If
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7 we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our thencurrent Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.
SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided by such third-party, and we will coordinate with them to ensure service provision for the Client in accordance with the requirements of this Agreement and at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per Exhibit B, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the
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8 warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within thirty (30)days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is three (3) years, commencing on the first day of the first month following the Effective Date, unless earlier terminated as set forth below. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least thirty (30)days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may, in accordance with Section E(2) above, discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.
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9 SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.
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10 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR..
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance following the execution of this Agreement.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twenty-four(24) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twenty-four (24) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
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11 including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
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12 and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. We may identify you by name in client lists. We my only identify you in marketing presentations and promotional materials with your prior written consent.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of
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13 this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
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14 24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Exhibit E Statement of Work
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.
By:
Name:
Title:
Date:
Address for Notices:
Tyler Technologies, Inc.
One Tyler Drive
Yarmouth, ME 04096
Attention: Chief Legal Officer
City of Hemet, California
By:
Name: Mark Prestwich
Title: City Manager
Date:
Address for Notices:
City of Hemet
445 Florida Ave
Hemet, CA 92543
Attention: Mark Prestwich
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Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.
Investment Summary follows this page.
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Exhibit B
1 Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial three (3) year term, your annual SaaS fees will not increase more than three percent (3%) per year for the first seven (7) annual renewals. After year ten (10), your SaaS fees will be at our then-current rates. The foregoing notwithstanding, SaaS fees for the initial term will be payable as follows:
Payment Due Date Payment Amount
Term Commencement (Defined at Section F(1) $126,918.75
First Anniversary of Term Commencement $211,531.25
Second Anniversary of Term Commencement $169,225.00
2. Other Tyler Software and Services.
2.1 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement.
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Exhibit B
2 2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
2.6 Web Services: Annual fees for web services are payable in advance, commencing upon the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
2.7 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
3. Third Party Products and Hardware.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when we make it available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at thencurrent rates, upon each anniversary thereof.
3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.
3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current the Business Travel Policy, attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twentyfive dollars and mileage logs are not available. Notwithstanding anything to the contrary in the Business Travel Policy, Tyler and Client agree that international travel is not authorized under this Agreement.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].
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Exhibit B
Schedule 1
1 Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
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Exhibit B
Schedule 1
2 2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
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Exhibit B
Schedule 1
3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
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Exhibit B
Schedule 1
4 5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
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Exhibit C
1 Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All othersupport services are documented in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
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Exhibit C
2 When oursupport team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months and only for such consecutive months.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 99.70% Remedial action will be taken
99.69% - 98.50% 2% of SaaS Fees paid for applicable month
98.49% - 97.50% 4% of SaaS Fees paid for applicable month
97.49% - 96.50% 6% of SaaS Fees paid for applicable month
96.49% - 95.50% 8% of SaaS Fees paid for applicable month Below 95.50% 10% of SaaS Fees paid for applicable month * Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.
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Exhibit C
Schedule 1
1 Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configurationbased questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.
New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting
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Exhibit C
Schedule 1
2 support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client will reasonably set the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated the reported Defect/support incident.
Priority
Level Characteristics of Support Incident Resolution Targets* 1 Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
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Exhibit C
Schedule 1
3 Priority
Level Characteristics of Support Incident Resolution Targets* 2 High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted data is limited to assisting the Client in restoring its last available
database.
3 Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall
occur at least quarterly. For non-hosted customers,
Tyler’s responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
4 Noncritical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need.
Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request.
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Exhibit D
1 Exhibit D
Third Party Terms
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Exhibit E
2 Exhibit E
Statement of Work
Statement of Work follows this page.
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Exhibit E
3 Hemet, CA
SOW from Tyler Technologies, Inc.
3/7/2024
Presented to:
City of Hemet CA
450 E Latham Ave
Hemet, CA 92543
Contact:
Rich Boven
Email: [email protected]
1 Tyler Drive Yarmouth, Maine 04096
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Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | i
Table of Contents
PART 1: EXECUTIVE SUMMARY...............................................................................................................1 Project Overview............................................................................................................................. 1 Introduction ........................................................................................................................................ 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 ................................................................................................ 13 PART 3: PROJECT PLAN........................................................................................................................... 14 Project Stages.................................................................................................................................14 Initiate and Plan ................................................................................................................................ 15 Initial Coordination ................................................................................................................... 15 Project/Phase Planning ............................................................................................................. 16 Infrastructure Planning ............................................................................................................. 17
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Stakeholder Meeting................................................................................................................. 18 GIS Preparation ......................................................................................................................... 19 Control Point 1: Initiate & Plan Stage Acceptance.................................................................... 20 Assess & Define................................................................................................................................. 20 Solution Orientation.................................................................................................................. 20 Current & Future State Analysis................................................................................................ 21 Conversion Assessment ............................................................................................................ 22 Intentionally left blank.............................................................................................................. 23 Intentionally left blank.............................................................................................................. 23 Control Point 2: Assess & Define Stage Acceptance................................................................. 23 Prepare Solution ............................................................................................................................... 24 Initial System Deployment........................................................................................................ 24 Configuration ............................................................................................................................ 25 Process Refinement .................................................................................................................. 26 Conversion Delivery .................................................................................................................. 27 Intentionally left blank.............................................................................................................. 29 Intentionally left blank.............................................................................................................. 29 Control Point 3: Prepare Solution Stage Acceptance................................................................ 29 Production Readiness ....................................................................................................................... 29 Solution Validation.................................................................................................................... 30 Go-Live Readiness..................................................................................................................... 30 End User Training...................................................................................................................... 31 Control Point 4: Production Readiness Stage Acceptance........................................................ 33 Production......................................................................................................................................... 33 Go-Live ...................................................................................................................................... 33 Transition to Client Services...................................................................................................... 34 Post Go-Live Activities............................................................................................................... 35 Control Point 5: Production Stage Acceptance......................................................................... 36 Close.................................................................................................................................................. 36 Phase Closeout.......................................................................................................................... 37 Project Closeout........................................................................................................................ 38 Control Point 6: Close Stage Acceptance.................................................................................. 39 General Assumptions......................................................................................................................39 Project............................................................................................................................................... 39 Organizational Change Management ............................................................................................... 39 Resources and Scheduling ................................................................................................................ 40 Data................................................................................................................................................... 40 Facilities............................................................................................................................................. 41 Glossary .........................................................................................................................................42 PART 4: APPENDICES ............................................................................................................................... 45 Conversion .....................................................................................................................................45 Enterprise Permitting & Licensing Conversion Summary ................................................................. 45
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Community Development......................................................................................................... 45 Additional Appendices................................................................................................................46 Enterprise Permitting & Licensing Definitions.................................................................................. 46 “Template Business Transactions”............................................................................................ 46 “Unique Business Transactions” ............................................................................................... 46 “Geo-Rules”............................................................................................................................... 46 “Automation Events” ................................................................................................................ 47 “Enterprise Permitting & Licensing SDK/API (Toolkits)” ........................................................... 47 Project Timeline........................................................................................................................... 1 ERP Project Timeline ........................................................................................................................... 1
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Part 1: Executive Summary
Project Overview
Introduction
Tyler Technologies (“Tyler”) is the largest and most established provider of integrated software and technology services focused solely on the public sector. Tyler’s end-to-end solutions empower public sector entities including local, state, provincial and federal government, to operate more efficiently and connect more transparently with their constituents and with each other. By connecting data and processes across disparate systems, Tyler’s solutions transform how clients gain actionable insights that solve problems in their communities.
Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, 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
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.
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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.
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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.
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 provide acceptance or acknowledgement within five (5) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
▪ 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. 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. If the City does not provide acceptance within two (2) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for 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.
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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.
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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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▪ Conducts GIS Planning.
▪ Reviews GIS data and provides feedback to the City.
▪ Loads City provided GIS data into the system.
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.
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
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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 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.
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▪ Provides guidance to City technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. ▪ Owns the relationship with in-Scope 3rd party providers and aligns activities with ongoing project tasks.
▪ Ensures that users have appropriate access to Tyler project toolsets as required. ▪ Conducts training on proper use of toolsets.
▪ Validates completion of required assignments using toolsets.
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.
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▪ Adopt and support changed procedures.
▪ Complete all deliverables by the due dates defined in the project schedule. ▪ Demonstrate competency with Tyler products processing prior to Go-live. ▪ Provide knowledge transfer to 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 GIS
▪ Participates in GIS planning activities.
▪ Responsible for management and maintenance of City GIS infrastructure and data. ▪ Ensures GIS data/service endpoints are in alignment with Tyler software requirements. ▪ Provides Tyler implementation team with GIS data/service access information.
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.
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City Change Management Lead
▪ Validates that users receive timely and thorough communication regarding process changes. ▪ Provides coaching to supervisors to prepare them to support users through the project changes. ▪ Identifies the impact areas resulting from project activities and develops a plan to address them proactively.
▪ Identifies areas of resistance and develops a plan to reinforce the change. ▪ Monitors post-production performance and new process adherence.
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Exhibit E
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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 GIS Planning*
2.3 Modification
Analysis
3.3 Process
Refinement
4.3 End User
Training
5.3 Post Go Live
Activities
1.4 Infrastructure
Planning
2.4 Conversion
Assessment
3.4 Conversion
Delivery
1.5 Stakeholder
Meeting 2.5 Data Assessment 3.5 Data Delivery
3.6 Modifications*
*Items noted with an asterisk in the graphic above relate to specific products and services. If those products and services are not included in the scope of the contract, these specific work packages will be noted as “Intentionally Left Blank” in Section 6 of the Statement of Work.
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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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users) Department HeadsEnd UsersTechnical 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/Deliverables Working initial project documents
Project portal
Work package assumptions:
▪ Project activities begin after the agreement has been fully executed.
Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify applications to implement in each Phase (if applicable), and discuss implementation timeframes.
During this work package Tyler will work with 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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Schedule and
conduct planning
session(s)
A R I C C I
Develop Project
Management Plan A R I C C I
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 17
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
Outputs / Deliverables Acceptance Criteria [only] for Deliverables Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule City provides acceptance of schedule based on resource availability, project budget, and
goals.
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. This task is especially important for Tyler-hosted/SaaS deployment models. Tyler will be responsible for building the environments for a hosted/SaaS deployment, unless otherwise identified in the Agreement. Tyler will install Licensed Software on application server(s) or train the City to install License Software. The City is responsible for the installation and setup 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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Provide Infrastructure
Requirements and
Design Document
A R C C I I
Initial Infrastructure
Meeting A R C C C C
Schedule SaaS
Environment
Availability
A R C I
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 18
Schedule Installation
of All Licensed
Software
A R C I I
Infrastructure Audit A R C I C
Inputs Initial Infrastructure Requirements
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Completed Infrastructure Requirements Delivery of Requirements Infrastructure Audit System Passes Audit Criteria
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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
Acceptance Criteria [only] for Deliverables
Stakeholder Meeting Presentation
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 19
Work package assumptions:
▪ None
GIS Preparation
GIS data is a core part of many Tyler applications. Other City offices/products may also use this data and have different GIS requirements. A key focus of this preparation will be the process for developing the GIS data for use with Tyler applications. This can be an iterative process, so it is important to begin preparation early.
Objectives:
▪ Identify all City GIS data sources and formats.
▪ Tyler to understand the City’s GIS needs and practices. ▪ Ensure the City’s GIS data meets Tyler product requirements.
STAGE 1 GIS Preparation
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Initial GIS Planning
Meeting A R C C C
Determine all GIS Data
Sources I I A R C
Provide Source GIS Data I I A R C
Review GIS Data and
Provide Feedback A R C I C
Inputs GIS Requirements Document
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Production Ready Map Data Meets Tyler GIS Requirements.
Work package assumptions:
▪ GIS data provided to Tyler is accurate and complete.
▪ GIS data provided to Tyler is current.
▪ City is responsible for maintaining the GIS data.
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 20
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
▪ GIS Data Production Ready
▪ Completed Infrastructure Requirements and Design Document ▪ System Passes Infrastructure Audit (as applicable)
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
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 21
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 22
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
Acceptance Criteria [only] for Deliverables
Documentation that describes future-state
decisions and configuration options to support
future-state decisions.
Delivery of document
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.
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. ▪ If source data is a Tyler legacy system, Tyler performs the data mappings. If source data is from a third-party, client is responsible for mapping the data from the source to the Tyler system. ▪ Document the data conversion/loading approach.
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 23
STAGE 2 Data Conversion Assessment
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated City Acceptance of Data Conversion Plan, if Applicable
Work package assumptions:
▪ If the source data is a Tyler system Tyler's Conversion Engineers extract and map the data into the standard Munis conversion format. If the source data is from a third-party the client will provide Tyler with the data 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.
Intentionally left blank.
Intentionally left blank.
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.
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 24
▪ 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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Prepare hosted
environment A R I C
Install Licensed
Software with
Initial Database on
Server(s) for
Included
Environments
A R I C
Install Licensed
Software on City
Devices (if
applicable)
I C A R
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 25
Tyler System
Administration
Training (if
applicable)
A R I C
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Licensed Software is Installed on the Server(s) Software is accessible Licensed Software is Installed on City Devices
(if applicable)
Software is accessible
Installation Checklist/System Document System meets prescribed checklist Infrastructure Design Document (C&J – If
Applicable)
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
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Conduct configuration
training A R I C C
Complete Tyler
configuration tasks
(where applicable)
A R I I I
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 26
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
Acceptance Criteria [only] for 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.
STAGE 3 Process Refinement
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Conduct process
training A R I C I C
Confirm process
decisions I C A R C I C
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 27
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
Acceptance Criteria [only] for Deliverables
Updated solution validation test plan
Completed City-specific process
documentation (completed by City)
Work package assumptions:
▪ None
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.
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 28
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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
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
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
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 29
Inputs
Data Conversion Plan
Configuration
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Code Mapping Complete / Validated
Conversion Iterations / Reviews Complete Conversion complete, verified, and ready for final pass
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.
Intentionally left blank.
Intentionally left blank.
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.
▪ Solution validation test plan has been reviewed and updated if needed.
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.
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 30
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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
Acceptance Criteria [only] for Deliverables
Solution Validation Report City updates report with testing results Work package assumptions:
▪ Designated testing environment has been established.
▪ 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
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 31
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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
Acceptance Criteria [only] for Deliverables
Updated go-live checklist Updated Action plan and Checklist for go-live delivered to the City
Work package assumptions:
▪ 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.
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 32
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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
Acceptance Criteria [only] for Deliverables
End User Training City signoff that training was delivered Work package assumptions:
▪ 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).
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 33
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.
▪ City data available in Production environment.
STAGE 5 Go-Live
Tyler City
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 34
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
Acceptance Criteria [only] for Deliverables
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.
▪ The City Project Team and Power User’s provide business process context to the end users during GoLive. ▪ The Tyler Go-Live support team is available to consult with the City teams as necessary. ▪ The Tyler Go-Live support team provides standard functionality responses, which may not be tailored to the local business processes.
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
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 35
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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
Acceptance Criteria [only] for 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:
▪ Schedule activities that are planned for after Go-Live. ▪ Ensure issues have been resolved or are planned for resolution before phase or project close.
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Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 36
STAGE 5 Post Go-Live Activities
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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.
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).
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Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 37
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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Final action plan (for outstanding items)
Reconciliation Report
Post Phase Review
Work package assumptions:
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Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 38
▪ 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 ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical 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
Acceptance Criteria [only] for Deliverables
Post Project Report City acceptance; Completed report indicating all project Deliverables and milestones have
been completed
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.
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Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 39
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 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 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.
Organizational Change Management
Unless otherwise contracted by Tyler, City is responsible for managing Organizational Change. Impacted City resources will need consistent coaching and reassurance from their leadership team to embrace and accept the changes being imposed by the move to new software. An important part of change is ensuring that impacted City resources understand the value of the change, and why they are being asked to change.
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 40
Resources and Scheduling
▪ City resources will participate in scheduled activities as assigned in the Project Schedule. ▪ 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.)
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 41
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.
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 42
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.
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 43
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]
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
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 44
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.
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 (off-the-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.
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Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 45
Part 4: Appendices
Conversion
Enterprise Permitting & Licensing Conversion Summary
Community Development
▪ Permit Master basic information
▪ Plan Master basic information
▪ Plan & Permit Contacts
▪ Unique (keyed) contacts converted to global contacts
▪ Non-keyed contacts converted to a Memo Custom Field or standard note ▪ Sub-permit Associations – Visible in Workflow and Attached Records ▪ Reviews and Approvals
▪ Projects
▪ Permit Renewals
▪ Bonds and Escrow
▪ Contractors
▪ Workflow based on configured Enterprise Permitting & Licensing template customized only by inclusion/exclusion based on status, type or class of the associated permit, plan, etc. ▪ Inspections and Inspection Cases
▪ Meetings and Hearings
▪ Activities and Actions
▪ Conditions
▪ Fees
▪ Holds
▪ Notes
▪ Parcels and Addresses
▪ Payments and Fee History
▪ Zones
▪ Code Case Master basic information
▪ Code Requests
▪ Code Case Contacts and Properties
▪ Unique (keyed) contacts converted to global contacts
▪ Non-keyed contacts converted to a Memo Custom Field or standard note ▪ Violations
▪ Fees
▪ Payments
▪ Notes
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Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 46
Additional Appendices
Enterprise Permitting & Licensing Definitions
“Template Business Transactions”
▪ A pre-defined and pre-configured Enterprise Permitting & Licensing business process from Enterprise Permitting & Licensing’s “Best Management Template”.
▪ The following modifications to Template Business Transactions are considered within scope:
o Any changes to required inspections within the workflow o Any changes to the required plan reviews within the workflow o Adding up to 2 additional actions to the workflow
o Configuration of fees, allowing creation of up to 3 new fees to accommodate o Any changes to custom field layouts that are directly related to fees or included reports ▪ Customization/Configuration of any of these parameters beyond the scope listed above will require the respective business process to be considered a “Unique Business Transaction”, as described below.
Note: All transaction counts are quantified in the comments of the Investment Summary. “Unique Business Transactions”
▪ Unique configuration of workflow or business process steps & actions, including output actions ▪ Unique Fee configuration
▪ Unique Custom field configuration
“Geo-Rules”
▪ An automation event that references GIS data. Current geo-rule action types are:
Alert Displays a pop-up with a custom message to the user, notifying them of certain spatial data (i.e., noise abatement zones; flood zones; etc.).
Block Places a block on the case and prevents any progress or updates from occurring on the record (i.e., no status changes can be completed, no fees can be paid, the workflow cannot be managed, etc.) Block with
Override
Places a block on the case and prevents any progress or updates from occurring on the record (i.e., no status changes can be completed, no fees can be paid, the workflow cannot be managed, etc.) However, the block can be overridden by end-users who have been given the proper securities.
Fee Date Populates the CPI vesting date on the record if vesting maps are used by the jurisdiction.
Field Mapping A custom field or any field inherentin the Enterprise Permitting & Licensing application can automatically populate with information based on spatial data.
Required Action A workflow action can automatically populate in the workflow details for the particular record (i.e., plan, permit, code case, etc.) that requires the action based on certain spatial data related to the case.
Required Step A workflow step can automatically populate in the workflow details for the particular record (i.e., plan, permit, code case, etc.) that requires the step based on certain spatial data related to the case.
Zone Mapping The zone(s) automatically populate on the “Zones” tab of the record (i.e., plan, permit, code case, etc.).
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 47
“Automation Events”
“Intelligent Objects (IO)”
▪ Key components for automatically and reactively triggering geo-rules, computing fees, and generating emails, alerts, and other notifications.
“Intelligent Automation Agents (IAA)”
▪ A tool designed to automate task in a proactive manner by setting values and generating emails and other tasks. On a nightly basis, a Windows service sweeps the Enterprise Permitting & Licensing system looking for IAA tasks that need to be run, then the associated actions are performed. The IAA does not generate alerts or errors. Custom SQL queries are not Tyler deliverables. “Enterprise Permitting & Licensing SDK/API (Toolkits)”
• APIs developed by Tyler Technologies for extending the Enterprise Permitting & Licensing Framework and functionality to external agencies and systems. Full documentation is available for each toolkit upon request.
Note: The Enterprise Permitting & Licensing toolkits and related documentation are simply tools that allow clients to create applications and integrations. The purchase of a toolkit/API does not imply any development related services from Tyler Technologies. The City is responsible for working with their IT staff and VARs to develop any necessary applications and integrations except as otherwise noted in the Investment Summary or for any “in-scope” integrations.
22.J.
Exhibit E
Hemet, CA
Tyler Technologies, Inc. Page | 1
Project Timeline
ERP Project Timeline
The Project Timeline establishes a target duration for each phase of the project. The timeline needs to account for resource availability, business goals, size and complexity of the project, and task duration requirements. These will be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to the Project Stages section of this SOW for information on work packages associated with each stage of the implementation. Durations may be revised when the Agreement is signed and further refined during the project.
Eden to Enterprise Permit and Licensing project start dates are dependent on wave availability. Waves are a common implementation start month for a group of Eden clients. Each wave has a designated number of slots available for clients to sign up – once those slots are full you must choose an alternate wave with availability. A signed agreement is required to reserve your spot in a specific wave.
Phase Functional Area(s) Modules Duration
3 Enterprise Permit &
Licensing
• Business Management Suite
• Civic Access – Business
Management
• Community Development
Suite
• Civic Access – Community
Development
• Decision Engine
• e-Reviews
• Enterprise Permitting &
Licensing Core Foundation
Bundle
• Enterprise Permitting &
Licensing Mobile
• Enterprise Service Requests
• Enterprise Permitting &
Licensing Advanced
Automation Bundle
• GIS
• Enterprise Forms
• Enterprise Permitting &
Licensing Payments
12 Months
or as defined in the Project Plan
and mutually agreed upon
Average Days/Month: 14
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING THE
AGREEMENT WITH TYLER TECHNOLOGIES CIP 2404 -
ENTERPRISE PERMITTING & LICENSING (EPL)
SOFTWARE IN THE AMOUNT NOT TO EXCEED
$2,610,164 AND AUTHORIZE THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS RELATED TO THE
AGREEMENT INCLUDING ADDITIONAL EXPENDITURES
OF UP TO 3% OF THE AGREEMENT AMOUNT IF
NECESSARY AND AUTHORIZE THE ADMINISTRATIVE
SERVICES DIRECTOR TO INCREASE SUPPLEMENTAL
APPROPRIATIONS FOR IMPLEMENTATION COSTS
TOTALING $822,029 FOR CIP 2404
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, as an essential part of city government's function, all parcels of land that lay within the City of Hemet are tracked. This includes their existence as a vacant lot and zoning within the city's general plan, as well as their planning, development, and use. Additionally, records of plans, permits and inspections are stored for reference and retrieval if necessary. Currently, the City of Hemet utilizes an electronic permitting & licensing (EPL) software to accomplish these tasks; and WHEREAS, furthermore, cases involving property owner compliance with various municipal codes are tracked within the EPL for use by Code Compliance Officers. This includes correspondence, violations and records of citations; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, in 2005, the City of Hemet began to utilize a program called TRAKit to fulfill its EPL needs. Over the next several years, software updates were made to provide maintenance to the program. Once web-based platforms became more standard, TRAKit migrated from a computer-based platform to a web-based platform and eventually stopped supporting the computer-based software. As a result, the ability to provide support and training to users of the old system dwindled. Turnover in city staff also left departments devoid of institutional knowledge to help bridge the training gap.
The only option provided to us by the software vendor was to purchase the new webbased version; and WHEREAS, The City recognized the importance of exploring its options and entered into a contract with SoftResources, an EPL consultant, to ensure we were getting the best possible solution for our needs. With the assistance of SoftResources, we organized meetings with the affected departments to gather their requirements for a new system; and
WHEREAS, after extensive discussions, a Request for Proposals (RFP) was drafted and published on PlanetBids on January 26, 2023. This announcement went out to149 vendors, resulting in the submission of 10 proposals on the March 9, 2023 deadline. The proposals were reviewed by members from all affected departments; and WHEREAS, after review the choices were narrowed down to the 3 top ranked companies: Tyler Technologies, Truepoint, and Redmark-Accela. These 3 companies also gave live demonstrations; and
WHEREAS, as we implement the new ERP system, certain city staff members will be assigned the responsibility of training on its usage. Additionally, it's essential to
22.J.
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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guarantee that the training doesn't impede the regular duties of the city staff. To address this, we may need to recruit contracted personnel or provide overtime to manage the workload during the training period for the following departments: Building, Code, Fire Prevention, Planning, Public Works, Business License and IT; and WHEREAS, the estimated cost of the contracted personnel and overtime for city staff is $250,000; and
WHEREAS, total implementation costs for Tyler EPL Software is $822,029. The breakdown is as follows:
; and
WHEREAS, implementation, data cleanup and migration total cost is $572,029; and
WHEREAS, Estimated Overtime/Backfill Costs Total Cost is $250,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
1. It is respectfully recommended that the City Council approve an agreement between the City and Tyler Technologies - Enterprise Permitting & Licensing (EPL) Software.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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2. Authorize the City Manager to execute all documents related to the agreement.
3. Authorize the Administrative Services Director to increase supplemental appropriations for implementation costs totaling $822,029 for CIP 2404.
SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on May 28, 2024.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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PASSED, APPROVED AND ADOPTED this 28th day of May, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 6
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 28th day of May, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
22.J.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - May 28 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
Mark Prestwich, City Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
Approval of City Council Fiscal Year 2024-25 Strategic Plan Action Items RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Review and Approve the City Council Fiscal Year 2024-25 Strategic Plan Action Items.
BACKGROUND:
Developing an agreed-upon and unified City Council vision for the upcoming fiscal year’s organizational priorities provides several benefits for the organization:
Provides a clear message from the City Council to the community and staff of what the City Council aims to accomplish;
Supports the City Council’s proactive focus on accomplishing work objectives rather than reacting to issues;
Assists in allocating staff time and other needed resources, including budget appropriations to support project delivery/initiatives;
Fosters consensus on policies and projects within the City Council; and Creates a more transparent and accountable government.
The Hemet City Council adopted the City's Strategic Plan on June 23, 2021, after holding a series of strategic planning meetings and a community meeting to garner input from the public. The Council identified five overarching priorities and included milestones toward improving quality of life, increasing economic opportunities, and improving the overall health of the Hemet community.
ANALYSIS:
23.A.
On April 3, 2024, the Hemet City Council held a Priority Setting Workshop to establish Fiscal Year 2024-25 Action Items in support of the City's Strategic Plan. Action Items represent Council-directed priority tasks and initiatives over the next 12 months that support Strategic Plan goals.
The Workshop consisted of the following items:
Review of the City of Hemet Vision and Mission Statement Review of 2023-34 Strategic Plan Goals and Objectives Discussion of Fiscal Year 2024-25 Action Items
At the workshop, the Council affirmed its Vision and Mission Statement and the five overarching Strategic Plan Goals, including:
Quality of Life - To ensure that Hemet is safe, clean, attractive, and comfortable for all who live, work, and visit.
Economic Opportunity - To ensure that Hemet is a hub with access to quality jobs, shopping options, and a varied and sustained tax base.
Community Engagement - To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Partnership and Collaboration - To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations. Organizational Effectiveness - To identify the work needed inside the City organization to provide services to the community and ensure financial stability effectively.
The Council also identified 42 draft FY 2024-25 Action Items in support of the Strategic Plan.
DISCUSSION:
The resulting FY 2024-25 Strategic Plan Action Items are prioritized and a tracking spreadsheet has been developed to assign responsibility to various initiatives. This document will be brought to the City Council quarterly to provide a status report on progress.
PREVIOUS COUNCIL ACTION:
The City Council held a Workshop on April 3, 2024 to identify and prioritize proposed Fiscal Year 2024-25 Strategic Plan Action Items.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
23.A.
The draft Fiscal Year 2024-25 budget supports implementation of the Council's proposed Strategic Plan Action Items.
ALTERNATIVE(S):
Provide alternate direction to the City Manager.
ATTACHMENT(S):
Attachment 1: FY 2024-25 City of Hemet Strategic Plan DRAFT (1)
23.A.
DRAFT City of Hemet Strategic Plan Action Items – FY 2024-25 May 23, 2024
(A) Action Item
(B) Success Indicator (C) Responsible
Department
or Division
(D) Support Group(s) /
Council Liaison (s) (E) Complete? (G) Status/Comments
(H) Workshop
Prioritization
Exercise
1 Create a Policy on returning
phone calls and emails.
Rephrase to “Establish City
Customer Service Policy”
Adoption/Implementation
of Policy
City Manager’s
Office
2 Provide Lighting on Dark Streets
Rephrase to “Identify and
prioritize opportunities for solar
light installation; install up to
$150,000 of lighting
improvements in FY 2024-25.”
Prioritization
opportunities shared with
City Council; installation
complete.
Public Works Funds are estimated to provide up to an
estimated 7 new street lights.
3 Compel Property Owners to
Take Care of their Properties +
Proactive Code Enforcement
(weed abatement, curb appeal)
+ Focus on Distressed Properties
Rephrase to “Prioritize
neighborhood code
enforcement quality of
life/nuisance/distressed
property issues by dedicating
50% of each Friday Code
Enforcement Officer’s staff time
to proactive engagement (e.g.
weed abatement, curb appeal,
etc.)”
Number of courtesy
warnings/letters issued
and amount resolved
within 20-day period
before a $50 citation is
issued and subsequent
code enforcement efforts
occur.
Department of
Life Safety -
Code
Enforcement
Division
Clean Up/Graffiti Ad Hoc
4 Develop and implement a Spring
or Fall Arts Festival, Wall Murals
Implementation of
Festival
Arts and Culture Ad Hoc
5 Complete update to City Council
Protocols
Adoption of Updated City
Council Protocols
City Manager Council Protocols Ad Hoc Continuation of FY 2023-24 Council Action item
6 Consider options for Soccer Field
Expansion
Negotiated agreement
with Metropolitan Water
District for property to
Public Works
(Lead) + City
Manager’s
Valley Wide, EMWD,
Mayor Males
Highest Priority
High Priority
Important Priority
23.A.
Rephrase to “In partnership with
Valley Wide and EMWD,
negotiate lease with
Metropolitan Water District for
use of land for eight soccer
fields; Advance and complete
design for eight artificial turf
soccer fields, adjacent parking
lot, and required restroom
facilities.”
construct eight soccer
fields. Complete design of
soccer fields, parking lot,
and restroom facilities.
Office +
Planning
(Economic
Development)
7 Consideration of State and
Federal lobbyist services
Contract is established City Manager’s
Office
8 Plan fire Facility Improvements
to meet NFPA Emergency
Response Standards
Rephrase to “Identify locations,
sequencing, land acquisition
strategy, and funding
requirements/options for
location of future Fire Stations 6,
7, and 8 to meet NFPA
Emergency Response Standards
Future Fire Station 6, 7,
and 8 are identified,
sequencing, and funding
requirements/options are
identified
Fire Department
9 Conduct independent staffing
study and professional
review/recommendations to
improve City development
review process
Completion of study City Manager’s
Office
Business Outreach Ad
Hoc
10 Update Hemet brand, identity,
and story
(Consolidated with “Push out
good news about Hemet”)
Implementation of brand
and marketing efforts
City Manager’s
Office +
Economic
Development
Manager
Business Outreach Ad
Hoc
Consultant or in-house?
11 Enhance audio in City Council
Chambers
Completion of project IT
12 Focus on employee retention
and recruiting
Rephrase to “Establish employee
retention and recruiting
benchmarks; provide written
quarterly and annual updates to
the City Council via email”
Establish and implement
monitoring and reporting
procedures, as well as
targeted annual goals
Human
Resources
13 Create/Revise the Shopping Cart
Ordinance
Adoption of amended
Ordinance.
City Manager’s
Office
(Community
Solutions
Homeless Outreach Ad
Hoc
23.A.
Coordinator) +
City Attorney
(Lead)
14 Completion of 25 CIP Projects
and progress another 7 closer to
completion (see the 7 below)
5723 – Devonshire & Warren
Traffic Signal (in Design)
5661- Oakland water
transmission line (in Design)
5656 – 4” to 8” water main
upgrades (in Design)
5706 – Esplanade South Side
Improvements (In Design)
5657 – Citywide water main
replacements (In Design)
5717 – Treatment Plant for wells
15 & 16 (Design Build RFP issued
in Q4 23/24
Library Solar & Standby
generator (grant awarded)
Completion and
advancement of projects.
Public Works
15 Development “Shovel ready”
plan to modernize, expand, and
beautify Simpson Park
Complete of plan Public Works
(Lead) + Police
Staff developed plan (no consultant)
16 Establish music and concerts
series in the park
Identify park and launch
concert series
Communications
and Event
Coordinator
17 Plan and Implement Sierra Dawn
Median Beautification Project
Completion of phased
projects
Public Works Anticipates three consecutive years of
partnership/median beautification projects
18 Creation of Economic
Development Strategy
Adoption and
implementation of
Strategy
Economic
Development
Manager
Business Outreach Ad
Hoc
Draft plan has been developed. Next step is
review with Business Ad Hoc.
19 Develop 20-year road
rehabilitation and funding
strategy
Options shared with City
Council
Public Works
(Lead) + Admin
Services
20 Section 8 Property Compliance
in partnership with Senators
Office
Compliance
documentation
Code
Enforcement
Clean up/Graffiti Ad Hoc
21 Plant trees throughout the City
through public outreach
Planting at least 40 trees
citywide
Public Works +
City Manager’s
Office
22 Advance “Valley of the
Mastodon” Concept throughout
the City
Prioritization and
Implementation of
concepts
Economic
Development
Manager (Lead)
+
Communications
and Events
Arts and Culture Ad Hoc
23.A.
Coordinator
23 Identify additional options for
youth engagement activities
Present options to City
Council in public
workshop and receive
feedback/direction
City Manager’s
Office
Males + Lilienthal Continuation of FY 2023-24 Council Action Item
24 Identify a management entity
for Simpson Memorial Center
Identify and present
options and cost
considerations to City
Council
Public Works Males Continuation of FY 2023-24 Council Action Item
25 Develop prioritized
plan/options/funding
requirements for landscaping
enhancements on City streets
and transportation corridors
including Domenigoni Parkway
Present
plan/options/funding to
City Council
Public Works
26 Consider conversion of private
streets to public streets to
improve condition and
maintenance of streets
Prioritize options for
potential conversion of
private streets to public
streets
Public Works
27 Fast track qualifying
development projects
Identify qualifying
projects, update Codes,
market and implement
initiative
Community
Development
Department +
Economic
Development
Manager
28 Actively pursue businesses that
require skilled labor/have high
paying jobs)
Documentation of
number of business
outreach efforts +
business expansion/jobs
created
Economic
Development
Manager
Business Outreach Ad
Hoc
29 Identify uses for City-owned
land (including business
opportunities)
Prioritization of
opportunity sites and
number of secured
use/lease agreements
Economic
Development
Manager
30 Modify City Hall and Covell
Building to fully staffed five days
per week
Implementation requires
meet/confer and
agreement with impacted
bargaining units
Human
Resources
31 Plant more trees on private
property via public engagement
Documentation of
planting at least 40 trees
on private property in FY
2024-25
Public Works +
Communications
and Event
Coordinator
32 Creation of a Youth Council Develop and adopt
program, complete Youth
Council recruitment and
launch initiative
City Clerk
33 Identify options for house tours,
City stable, and horse patrols
Present options to City
Council for consideration
Police
Department
23.A.
34 Consider creation of a Business
Incubator with possible veterans
and arts focus
Presentation of options to
City Council
Economic
Development
Manager
Business Outreach Ad
Hoc
35 Revamp Community Dog Park
with new amenities + games,
dog parades, etc.
Prioritization and
implementation of
recommendations
Public Works
36 Design “Shovel ready” Fire
Station 2 Expansion Plan to
Accommodate Squad
Completion of plans Fire Department
37 Engage community and park
design professional to plan
“Shovel ready” improvements to
Weston Park
Completion of plans Public Works
38 Create a Community Garden Identify site + partner(s) + implementation
Public Works
39 Design “Shovel ready” expansion
plan for Fire Station Training
Facility Complex
Completion of plans Fire Department
40 Consideration of eliminating
City’s wrought iron security
fencing requirement around
commercial developments
Present more attractive
solutions in lieu of fencing
to encourage attractive
commercial
developments to the City
Planning Planning Commission
41 Development of a Police Cadet
youth pipeline program
Measuring the number of
youth connected with
employment
opportunities
Police
Department
Lilienthal Continuation of FY 2023-24 Council Action
Item
42 Secure and install a “managed
Detection and Response (MDR)
Solution for cyber readiness
MDR Installation is
completed
IT
23.A.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - May 28 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
Mark Prestwich, City Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Purchase of Real Property Located at 204-208 E. Florida Avenue and 108 N. Harvard Street (APN 443-323-007) in an Amount Not to Exceed One Million Five Hundred Thousand Dollars ($1,500,000) and Approving the Purchase of Real Property Located at 222 E. Florida Avenue (APN 443-232-009) in an Amount Not to Exceed Three Hundred Fifty Thousand Dollars ($350,000)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the Resolution.
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Purchase of Real Property Located at 204-208 E. Florida Avenue and 108 N. Harvard Street (APN 443-323-007) in an Amount Not to Exceed One Million Five Hundred Thousand Dollars ($1,500,000) and Approving the Purchase of Real Property Located at 222 E. Florida Avenue (APN 443-232-009) in an Amount Not to Exceed Three Hundred Fifty Thousand Dollars ($350,000); and authorizing the City Manager to additional expenditures up to $50,000 which are necessary for the purchase of this Property.
BACKGROUND:
The properties located at 204-208 E. Florida Avenue and 108 N. Harvard Street (APN 443-323-007) and 222 E. Florida Avenue (APN 443-232-009) (the "Property") have been identified as strategic acquisitions for the City of Hemet. The location and characteristics of these properties align with the City's long-term goals for community, downtown economic development, and quality of life enhancement. The 204-208 E. Florida and 108 N. Harvard property is a 15,682 square foot commercially zoned parcel with an improved 14,514 single-story concrete masonry building 100% occupied by two tenants with reported annual rent totaling $51,600. The 222 E. Florida Avenue property is a vacant parcel totaling approximately 7,841 square feet.
ANALYSIS: