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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, November 7, 2024
Closed Session: 6:00 p.m.
Regular Meeting: 7:00 p.m.
City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509
1. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR CLOSED SESSION ● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member
2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
B. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION.
The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2).(3) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City based on the letter to Assistant City Attorney Maricela A. As a courtesy to those in attendance, we ask that cell phones be turned off or set to their silent mode and that you keep talking to a minimum so that all persons can hear the comments of the public and City Council.
B. A member o f the public who wishes to speak under Public Comments must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. Each agenda item up will be open for public comments before taking action. Public comments on subjects that are not on the agenda can be made during the “Public Appearance/Comments” portion of the agenda.
C. Members of the public who wish to comment on the CONSENT CALENDAR may do so during the Public Comment portion of the Agenda prior to the adoption of the Consent Calendar.
D. As a courtesy to others and to assure that each person wishing to be heard has an opportunity to speak, please limit your comments to 3 minutes.
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Marroquin dated October 7, 2024 from Linda Klein, attorney for Warmington Residential with respect to the proposed project at 7586 Jurupa Road, which letter is available for public inspection from the Office of the City Clerk.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will convene in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests from the real property located at the corner of 58 th Street and Etiwanda Avenue, Jurupa Valley CA (APN 161-180-033). The negotiating parties are the City of Jurupa Valley and the property owner, Rodeo Café Corporation . Negotiators for the City are Rod Butler, Michael Flad, and Amy Sells. Under negotiations are price and terms of the acquisition of the property.
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will convene in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests from the real property located at 5930 Etiwanda Avenue, Jurupa Valley CA . The negotiating parties are the City of Jurupa Valley and the property owner, New Hope Transport.
Negotiators for the City are Rod Butler, Michael Flad, and Amy Sells. Under negotiations are price and terms of the acquisition of the property.
3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS I N CLOSED
SESSION
4. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member
5. INVOCATION
6. PLEDGE OF ALLEGIANCE
7. APPROVAL OF AGENDA
8. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES –
INTRODUCTION OF “PET OF THE MONTH”
B. HEALTHY JURUPA VALLEY QUARTERLY UPDATE
C. JURUPA VALLEY CHAMBER OF COMMERCE QUARTERLY UPDATE
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9. PUBLIC APPEARANCE/COMMENTS
10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR PRO TEM BRIAN BERKSON
1. UPDATE ON THE MOBILE SOURCE AIR PO LLUTION
REDUCTION REVIEW COM MITTEE MEETING OF OC TOBER
17, 2024
2. UPDATE ON THE RIVERSIDE TRANSIT AGENCY BOARD OF
DIRECTORS MEETING OF OCTOBER 24, 2024
3. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY MEETING OF OCTOBER 25, 2024
4. UPDATE ON THE RIVERSIDE COUNTY TRANSPORTATION
COMMITTEEE – WESTERN RIVERSIDE COUNTY PROGRAMS
AND PROJECTS COMMITTEE MEETING OF OCTOBER 28, 2024
5. UPDATE ON THE SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS TRANSPORTATION COMMITT EE MEETING
OF NOVEMBER 7, 2024
B. COUNCIL MEMBER LESLIE ALTAMIRANO
1. UPDATE ON THE WESTERN RIVESIDE COUNTY REGIONAL
CONSERVATION AUTHORITY MEETING OF NOVEMBER 4, 2024
Persons wishing to address the City Council on subjects other than those listed on the Agenda are requested to do so at this time. A member of the public who wishes to speak under Public Appearance/Comments OR the Consent Calendar must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. When addressing the City Council, please come to the podium and state your name and address for the record. While listing your nam e and address is not required, it helps us to provide follow -up information to you if needed. In order to conduct a timely meeting, we ask that you keep your comments to 3 minutes. Government Code Section 54954.2 prohibits the City Council from taking ac tion on a specific item until it appears on an agenda.
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C. COUNCIL MEMBER CHRIS BARAJAS
1. UPDATE ON THE WESTERN RIVERSIDE COUNCIIL OF
GOVERNMENTS EXECUTIVE COMMITTEE MEETING OF
NOVEMBER 4, 2024
12. CITY MANAGER’S UPDATE
13. SHERIFF’S DEPARTMENT UPDATE
14. APPROVAL OF MINUTES
A. OCTOBER 17, 2024 REGULAR MEETING
15. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS
INCLUDED IN THE AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Section 34934 , the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.
COUNCIL MEMBERS MAY REMOVE ITEMS FROM TH E CONSENT
CALENDAR FOR DISCUSSION, OR TO ASK QUESTIONS, OR MAKE A
COMMENT ON THE ITEM
If a Council Member wishes to vote “no” or “abstain” on a Consent Calendar item but does not wish to discuss, ask questions or make a comment, the Council Member may state that they wish to vote “no” or “abstain” on the item and the minutes and certification of the vote will show that the Council Member voted “no” or “abstain.”
B. CONSIDERATION OF CHECK REGISTER IN TH E AMOUNT OF
$7,332,856.45
Requested Action: That the City Council ratify the check registers dated September 26, and October 3, 10, 17, 21, and 22 as well as the payroll registers dated September 27, 30 and October 11, and 25, 2024.
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C. AWARD OF A GRANT THROUGH THE STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF LAND USE AND CLIMATE INNOVATION
FOR TOM WATHEN CENTER AT FLABOB AIRPORT FOR AVIATION
RELATED YOUTH AND EDUCATIONAL PROGRAMS AND THE CITY
OF JURUPA VALLEY TO ACT AS THE FISCAL SPONSOR
1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and the Governor’s Office of Land Use and Climate Innovation to accept a $500,000 grant to act as the Fiscal Sponsor and authorize the City Manager to execute the Agreem ent in substantially the form and format attached to the staff report as approved by the City Attorney.
2. That the City Council approve the Agreement between the City of Jurupa Valley and Tom Wathen Center for Aviation Related Youth and Educational Progr ams for an amount not -to-exceed the $500,000 grant received by the City from the Governor’s Office of Land Use and Climate Innovation.
D. RESOLUTION AUTHORIZING THE PURSUIT OF GRANT FUNDING
UNDER VARIOUS CALRECYCLE GRANT PROGRAMS AND
SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS
FOR WHICH THE CITY OF JURUPA VALLEY IS ELIGIBLE
Requested Action: That the City Council adopt Resolution No. 2024-110, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL
CALRECYCLE GRANTS FOR WHICH THE CITY OF JURUPA VALLEY
IS ELIGIBLE
E. UPGRADE AND IMPLEMENTATION OF TYLER ENTERPRISE ERP
SOFTWARE
Requested Action: That the City Council approve an agreement with Tyler Technologies, Inc. for the Enterprise Resource Planning system (ERP) upgrade for the Enterprise ERP Financial Management Software Solution (EERP); and authorize the City Manager to sign the agreement on behalf of the City Council.
F. PROFESSIONAL SERVICES AGREEMENTS WITH RSG, INC. F OR
ECONOMIC DEVELOPMENT ADVISORY SERVICES, ECONOMIC
DEVELOPMENT PLAN AND PROPERTY INVENTORY STRATEGIC
PLAN
1. Requested Action: That the City Council approve the following agreements:
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a. AGREEMENT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF JURUPA VALLEY AN D RSG, INC., FOR
THREE-YEAR ECONOMIC DEVELOPMENT PLAN; AND
b. AGREEMENT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF JURUPA VALLEY AND RSG, INC., FOR
PROFESSIONAL SERVICES FOR PROPERTY
INVENTORY STRATEGIC PLAN
G. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
STORM WATER INSPECTION & MAINTENANCE SERVICES INC. FOR
THE INSTALLATION OF CERTIFIED FULL CAPTURE SYSTEM
TRASH TREATMENT CONTROL DEVICES
1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Storm Water Inspection & Maintenance Services, Inc. (“SWIMS”), for an amount not to exceed $268,650.00 and authorize the City Manager to execute the agreem ent in substantially the form and format attached and as approved by the City Attorney.
2. Authorize the Finance Director to make appropriate budget adjustments as needed.
H. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
NORTHTOWNHOUSING DEVELOPMENT CO RPORATION FOR THE
COMPLETION OF OFF -SITE CAPITAL IMPROVEMENTS FOR
RUBIDOUX GATEWAY VILLAS FUNDED BY THE AMERICAN
RESCUE PLAN ACT
Requested Action: That the City Council adopt Resolution No. 2024-116, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING THAT CERTAIN AGREEMENT ENTITLED
“LOAN AGREEMENT” BETWEEN THE CITY OF JURUPA VALLEY
AND NORTHTOWN HOUSING DEVELOPMENT CORPORATION”
PROVIDING $990,000 OF AMERICAN RESCUE PLAN ACT FUNDS FOR
PUBLIC IMPROVEMENTS FOR ITS AFFORDABLE HOUSING
PROJECT LOCATED AT MISSION BOULEVARD AND CRESTMORE
ROAD AND DETERMINING THAT THE AGREEMENT IS EXEMPT
FROM CEQA UNDER SECTIONS 15061(B)(3) OF THE CEQA
GUIDELINES
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I. AWARD CONSTRUCTION CONTRACT TO HARDY & HARPER INC. FOR 2023-2024 CDBG GLEN AVON AREA PAVEMENT REHABILITATION (CIP #23102)
APPROVE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY
AND TKE ENGINEERING, INC. FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE GLEN AVON PAVEMENT REHABILITATIION
PROJECT (CIP #23102)
APPROVE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY
AND GEO -ADVANTEC, INC. FOR MATERIAL TESTING SERVICES
FOR THE GLEN AVON PAVEMENT REHABILITATION PROJECT (CIP
#23102)
1. Requested Action: That the City Council award a construction contract to Hardy & Harper Inc. in the amount of $788,775.00 for the 2023 -2024 CDBG Glen Avon Area Pavement Rehabilitation Project (CIP #23102), and authorize the City Manager to execute the Agreement in the form attached to the staff report; and
2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with Hardy & Harper Inc., and up to 10% of the bid amount as contingency to cover the cost of any unforeseen conditions; and
3. That the City Council approve the Agreeme nt between the City of Jurupa Valley and TKE Engineering, Inc. for Construction Management Services for a not to exceed amount of $74,881 for the 2023-2024 CDBG Glen Avon Area Pavement Rehabilitation Project (CIP #23102); and
4. Approve the agreement between the City of Jurupa Valley and Geo - Advantec, Inc. for Material Testing Services for an amount not -to-exceed $14,880.00 for the 2023 -2024 CDBG Glen Avon Area Pavement Rehabilitation Project (CIP #23102); and
5. Re-appropriate $273,444.50 of Measure A funds from the City’s Old Mira Loma Pavement Rehab Ph ase 2, Account No.210.2100.71404, to the Project Account; and
6. Authorize the Finance Director to make appropriate budget adjustments as needed; and authorize the City Manager to execute the agreements in substantially the form and format attached to the staff report as approved by the City Attorney.
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J. AWARD CONSTRUCTION CONTRACT TO HARDY & HARPER, INC. FOR 2024-2025 CDBG RUBIDOUX AREA PAVEMENT REHABILITATION
PROJECT, (CIP #24106)
APPROVE AGREEMENT BETWEEN TH E CITY OF JURUPA VALLEY
AND TKE ENGINEERING, INC. FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE RUBIDOUX AREA PAVEMENT
REHABILITATION PROJECT (CIP #24106)
APPROVE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY
AND GEO -ADVANTEC, INC. FOR MATERIAL TESTING SERVI CES
FOR THE RUBIDOUX AREA PAVEMENT REHABILITATION PROJECT
(CIP #24106)
1. Requested Action: That the City Council award a construction contract to Hardy & Harper, Inc. in the amount of $409,145.00 for the 2024 -2025 CDBG Rubidoux Area Pavement Rehabilitation Project (CIP # 24106), for the work included in its bid proposal and authorize the City Manager to execute the Agreement in the form attached to the staff report; and
2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with Hardy & Harper Inc., and up to 10% of the bid amount as contingency to cover the cost of any unforeseen conditions; and
3. That the City Council approve the Agreement between the City of Jurupa Valley and TKE Engineering, Inc. for Construction Management Services for a not-to-exceed amount of $36,057 for the 2024-2025 CDBG Rubidoux Area Pavement Rehabilitation Project (CIP # 24106); and
4. Approve the agreement between the City of Jurupa Valley and Geo - Advantec, Inc. for Material Testing Services for an amount no -to-exceed $10,600.00 for the 2024 -2025 CDBG Rubidoux Area Pavement Rehabilitation Project (CIP # 24106); and
5. Authorize the Finance Director to make appropriate budget adjustments as needed; and authorize the City Manager to execute the a greements in substantially the form and format attached to the staff report as approved by the City Attorney.
K. APPROVAL OF NEW CLASSIFICATION; DEPUTY DIRECTOR OF
PUBLIC WORKS OPERATI ONS, AUTHORIZATION O F ONE
ADDITIONAL FTE FOR THE CLASSIFICATION OF DEPTY DIRECTOR
OF PUBLIC WORKS/ASSISTANT CITY ENGINEER, AND AMENDMENT
OF FY 2024-25 AUTHORIZED POSITION LISTING
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1. Requested Action: That the City Council approve and adopt a new classification for the Public Works Operations Manager to Deputy Director of Public Works Operations, Range 162, $149,757.32 - $200,689.13.
2. Authorize (1) additional FTE in FY 2024-25 for the classification of Deputy Director of Public Works/Assistant City Engineer, Range 162, $149,757.32 - $200,689.13.
3. Adopt Resolution No. 2024-115, entitled:
A RESOLUTION OF THE CITY COUNIL OF THE CITY OF
JURUPA VALLEY TO AMEND THE CLASSIFICATION AND
COMPENSATION SALARY SCHEDULE TO INCLUDE THE
DEPUTY DIRECTOR OF PUBLIC WORKS OPERATIONS AND
THE ADDITIONAL DEPUTY DIRECTOR OF P UBLIC
WORKS/ASSISTANT CITY ENGINEER
4. Authorize the City Manager, or designee, to execute the newly created job description including the ability to make minor non-substantive changes.
16. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
17. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION; DECLARING THE RESULTS OF THE ELECTION; AND APPROVING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -003
(PUBLIC SAFETY, MISSION V ILLAGE) GENERALY LOCATED AT
THE SOUTHEAST CORNER OF MISSION BOULEVARD AND STOBBS
WAY
1. Requested Action: That the City Council open the public hearing and take testimony, if any.
2. Following the public hearing, staff recommends that the City Council adopt Resolution No. 2024-111, entitled:
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF
THE CITY OF JURUPA VALLEY, CALIFORNIA, TO ESTABLISH
CITY OF JURUPA VALLEY COMMUNITY FACILITEIS
DISTRICT NO. PS 2024 -003 (PUBLIC SAFETY, MISSION
VILLAGE), TO ESTABLISH AN APPROPRIATIONS LIMIT
THEREFORE, TO AUTHORIZE THE LEVY OF A SPECIAL TAX
THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF AN
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APPROPRIATIONS LIMIT AND THE LEVY OF SPECIAL TAXES
TO THE QUALIFIED ELECTORS THEREOF; AND
3. That the City Council adopt Resolution No. 2024-112, entitled:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, CALLING A SPECIAL
ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS
OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. PS 2024 -003 (PUBLIC SAFETY, MISSI ON
VILLAGE) PROPOSITIONS REGARDING THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE
ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY
FACILITIES DISTRICT; AND
4. That the City Council adopt Resolution No. 2024-113, entitled:
A RESOLUTION OF THE CITY C OUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, DECLARING THE RESULTS
OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. 2024 -003 (PUBLIC
SAFETY, MISSION VILLAGE) AND DIRECTING THE
RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND
5. That the City Council conduct a first reading and introduce Ordinance No. 2024-24, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY
AS THE LEGISLATIVE BODY OF CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTICT NO. PS 2024 -003 (PUBLIC
SAFETY, MISSION VILLAGE) AUTHORIZING THE LEVY OF A
SPECIAL TAX THEREIN
B. PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE
NO. 22003 FROM MANUFACTURING -SERVICE COMMERCIAL (M -
SC) TO GENERAL RESIDENTIAL (R -3) FOR TWO PARCELS (APNS:
177-110-018 AND 177 -110-016) OF APPROXIMATELY 24.04 ACRES IN SIZE LOCATED AT 6464 33 RD STREET AND FINDING NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED UNDER CALIFORNIA
ENVIRONMENTAL QUALITY ACT SECTION 15162
Requested Action: That the City Council conduct a public hearing, receive testimony, and conduct a first reading and introduce Ordinance No. 2024 -25, entitled:
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AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 22003 FROM
MANUFACTURING SERVICE COMMERCIAL (M -SC) TO GENERAL
RESIDENTIAL (R-3) FOR TWO PARCELS (APNS 177-110-018 AND 177- 110-016) OF APPROXIMATELY 24.04 ACRES IN SIZE LOCATED AT 6464 33 RD STREET AND FINDING NO FURTHER ENVIRONMENTAL
REVIEW IS REQUIRED UNDER CALIFORNIA ENVIRONMENTAL
QUALITY ACT SECTION 15162
C. PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO. 21215: CHANGE OF ZONE (CZ) NO. 21007, TENTATIVE TRACT MAP (TTM) NO. 37538, VARIANCE (VAR) NO. 22001, AND ADOPTION OF A
MITIGATED NEGATIVE DECLARATION (MND ) AND MITIGATION
MONITORING REPORTING PROGRAM (MMRP ) FOR SUBDIVISION
OF A 4.1-ACRE SITE TO SIX ( 6) RESIDENTIAL LOTS FOR SINGLE FAMILY HOMES – “VIA VERDE ESTATES” ; LOCATION: 9045 56th STREET (APNS: 165-040-018, AND -019); (APPLICANT: SUN P. KIM)
1. Requested Action: That the City Council conduct a public hearing, receive testiony, and:
a. Adopt Resolution No. 2024-114, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY ADOPTING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM,
APPROVING TENTATIVE TRACT MAP NO. 37538,
VARIANCE NO. 22001 TO ALLOW FOR THE
CONSTRUCTION OF SIX (6) SINGLE-FAMILY HOMES ON
A 4.1-ACRE SITE LOCATED AT 9045 56TH STREET – “VIA
VERDE ESTATES.” (APNS: 165-040-018, AND -019)
b. Introduce Ordinance No. 2024-26, entitled
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY APPROVING CHANGE OF ZONE
NO. 21007 FROM LIGHT AGRICULTURE A -1-4 (MIN. 4 -
ACRE LOT PER UNIT) TO LIGHT AGRICULTURE A -1
(MIN. 20,000 S.F. LOT PER UNIT) TO ALLOW FOR THE
CONSTRUCTION OF SIX (6) SINGLE-FAMILY HOMES ON
A 4.1-ACRE SITE LOCATED AT 9045 56TH STREET – “VIA
VERDE ESTATES” (APNS: 165-040-018, AND -019)
18. COUNCIL BUSINESS
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19. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
20. CITY ATTORNEY’S REPORT
21. COUNCIL MEMBER REPORTS AND COMMENTS
22. ADJOURNMENT
Adjourn to the Regular Meeting of November 21, 2024 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a meeting of the Jurupa Valley City Council or other services, please contact Jurupa Valley City Hall at (951) 332-6464. Notification at least 48 hours prior to the meeting or time when services are needed will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hours prior to a public meeting, the writing will be made available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org.
Agendas and Minutes are posted on the City’s website at www.jurupavalley.org.
AGENDA ITEM NO. 14.A
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MINUTES
OF THE ADJOURNED REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
October 17, 2024
8930 Limonite Avenue, Jurupa Valley, CA 92509
1. 5:30 PM - CALL TO ORDER AND ROLL CALL FOR CLOSED SESSION ● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member
Mayor Pro Tem Brian Berkson called the closed session meeting to order at 5:35 p.m. Mayor Guillermo Silva was absent.
Prior to recess to closed session the City Attorney stated that even though Mayor Silva was not present, he would not participate in the Nunez litigation portion of the closed session because, as stated before, he has a business dispute with one of the Defendants.
2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
There were no public comments regarding the closed session items.
B. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION.
The City Council met in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2).(3) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City based on the letter to Assistant City Attorney Maricela Marroquin dated October 7, 2024 from Linda Klein, attor ney for Warmington Residential with respect to the proposed project at 7586 Jurupa Road, which letter is available for public inspection from the Office of the City Clerk.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council met in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests from the real property located at the corner of 58 th Street and Etiwanda Avenue, Jurupa Valley CA (APN 161 - 180-033). The negotiating parties are the City of Jurupa Valley and the property owner, Rodeo Café Corporation. Negotiators for the City are Rod Butler, Michael Flad, and Amy Sells. Under negotiations are price and terms of the acquisition of the property.
RETURN TO AGENDA
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D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council met i n closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests from the real property located at 5930 Etiwanda Ave., Jurupa Valley CA. The negotiating parties are the City of Jurupa Valley and the property owner, New Hope Transport. Negotiators for the City are Rod Butler, Michael Fad, and Amy Sells. Under negotiations are price and terms of the acquisition of the property.
E. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council met in closed session with the City Attorney and Special Counsel pursuant to Government Code Section 54956.9(d)(1) with respect to two matters of pending litigation: 1) City of Jurupa Valley v. Juan Carmelo Nunez Salazar, et al. (Riverside Superior Court Case No. RIC2002036); and 2) City of Jurupa Valley v.
Juan Carmelo Nunez, et al. (Riverside Superior Court Case No. CVRI2202444).
F. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council met in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to the following matter of pending litigation: Center for Biological Diversity, et al v. City of Jurupa Valley filed in Riverside Superior Court.
3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF A NY REPORTABLE ACTION S IN CLOSED
SESSION
City Attorney Peter Thorson announced that with respect to Item 2.E, the City Council approved by a 4 -0 vote, an agreement with the defendant in the 5666 Etiwanda case to settle this matter and the City Attorney ’s office will enter into a settlement agreement with the defendant in this case. Mayor Silva was not present in Closed Session.
4. 7:00 PM – CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member
Mayor Guillermo Silva called the regular meeting to order at 7:00 p.m.
5. INVOCATION was given by Pastor Alejandro Rios from Iglesia Cristiana Bautista Nueva Esperanza.
6. PLEDGE OF ALLEGIANCE was led by Mayor Guillermo Silva.
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7. APPROVAL OF AGENDA
A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano, to approve the Agenda.
Ayes: L. Altamirano, B. Berkson, C. Barajas, A. Carmona, G. Silva Noes: None
Absent: None
8. PRESENTATIONS
9. PUBLIC APPEARANCE/COMMENTS
Tyler Byrne provided information on some of his fundraising activities, which includes providing some much needed renovations at the Pat Merri tt Dog Park. He thanked Wes Klein from the Green Chamber for his collaboration and financial donation.
10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Council Member Armando Carmona thanked Tyler Byrne for his leadership in stepping up to help the community. He thanked staff for supporting these efforts.
11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR GUILLERMO SILVA
1. Mayor Guillermo Silva announced that the Northwest Mosquito and Vector Control District meeting of October 17, 2024 was canceled due to lack of a quorum.
B. MAYOR PRO TEM BRIAN BERKSON
1. Mayor Pro Tem Brian Berkson gave an update on the Riverside County Transportation Commission meeting of October 9, 2024.
2. Mayor Pro Tem Brian Berkson gave an update on the Northwest Transportation Now Coalition meeting of October 10, 2024.
3. Mayor Pro Tem Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority – Audit and Finance Committee meeting of October 11, 2024.
4. Mayor Pro Tem Brian Berkson announced that the Mobile Source Air Pollution Annual Workshop of October 17, 2024, was canceled due to a lack of a quorum.
-4-
C. COUNCIL MEMBER CHRIS BARAJAS
1. Council Member Chris Barajas gave an update on the Western Riverside Council of Governments Executive Committee meeting of October 7, 2024.
2. Council Member Chris Barajas gave an update on the Western Riverside Council of Governments – Administration & Finance Committee meeting of October 9, 2024.
3. Council Member Chris Barajas gave an update on the Western Riverside Council of Governments - I-REN Executive Committee meeting of October 15, 2024.
12. CITY MANAGER’S UPDATE
City Manager Rod Butler announced a “Pizza with the Mayor” event will take place on Wednesday, October 23 at Graziano’s from 4:00 to 6:00 p.m. He announced that Reach Out will host a Day of the Dead event at Rancho Jurupa Regional Park this Saturday from noon to 8:00 p.m. The Jurupa Area Recreation and Park District will host their annual “Spooktacular” on Saturday, October 28 at Rancho Jurupa Regional Park. He announced that planning is underway for the annual Veteran’s Day Parade and Celebration which will be held on Saturday, November 9 at 9:00 am. He encouraged residents to mark their calendars for the annual City Hall Tree Lighting Ceremony which will be held Wednesday, December 4 at 5:00 p.m. He encouraged residents to get out and vote this year as there are a lot of important matters on the ballot.
13. APPROVAL OF MINUTES
A. OCTOBER 3, 2024 REGULAR MEETING
A motion was made by Council Member Leslie Altamirano , seconded by Council Member Chris Barajas, to approve the Minutes of the regular meeting of October 3, 2024.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
14. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS
INCLUDED IN THE AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with -5-
Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.
COUNCIL MEMBERS MAY REMOVE ITEMS FROM TH E CONSENT
CALENDAR FOR DISCUSSION, OR TO ASK QUESTIONS, OR MAKE A
COMMENT ON THE ITEM
If a Council Member wishes to vote “no” or “abstain” on a Consent Calendar item but does not wish to discuss, ask questions or make a comment, the Council Member may state that they wish to vote “no” or “abstain” on the item and the minutes and certification of the vote will show that the Council Member voted “no” or “abstain.”
B. APPROVAL OF DISPOSITION OF SURPLUS EQUIPMENT
Requested Action: That the City Council approve Liqui dity Services Operations LLC dba GovDeals to conduct an online auction of the City’s surplus equipment.
C. A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024-010 (PUBLIC
SAFETY, VALLEY SQUARE) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024 -010 (PUBLIC SAFETY, VALLEY SQUARE); GENERALLY LOCATED AT THE SOUTHWEST CORNER
OF MISSION BOULEVARD AND PYRITE AVENUE
Requested Action: That the City Council adopt Resolution No. 2024-109, entitled:
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -010 (PUBLIC
SAFETY, VALLEY SQUARE) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024 -010 (PUBLIC SAFETY, VALLEY
SQUARE)
D. SECOND AMENDMENT TO THE AGREEMENT WITH ACCELA, INC.
FOR THE USE OF THEIR PERMITTING SOFTWARE
1. Requested Action: That the City Council approve a Second Amendment to the original agreement with Accela, Inc. for the use of their permitting software Civic Platform Application;
2. Authorize the City Manager to execute the Second Amendment; and -6-
3. Approve additional FY 2024 -2025 budget appropriations in the amount of $9,040 in Fund 720, Information Systems and Fund 100, General Fund.
E. APPROVAL TO PURCHASE ORGANIC WASTE PRODUCTS FROM
BURRTEC WASTE INDUSTRIES, INC. TO SATISFY 2024 SB 1383
PROCUREMENT TARGET
1. Requested Action: That the City Council approve the purchase of organic waste products from Burrtec Waste Industries, Inc. to satisfy 2024 SB 1383 procurement target and authorize the City Manager to execute the purchase order.
2. Authorize the Finance Director to make any necessary budget adjustments.
A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano , to approve the Consent Calendar.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
16. PUBLIC HEARINGS
17. COUNCIL BUSINESS
18. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS
There were no requests for future Agenda items.
19. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.
20. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Leslie Altamirano thanked Pizza Plug for their collaboration with Flabob Airport to make this year’s Trunk or Treat a big success with over 3,000 attendees this year.
21. ADJOURNMENT
There being no further business before the City Council, Mayor Guillermo Silva adjourned the meeting at 7:19 p.m. to November 7, 2024 at 7:00 pm. -7-
Respectfully submitted,
____________________________
Victoria Wasko, CMC
City Clerk
Page | 1
03/28/2024..04/17/202120
STAFF REPORT
DATE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: SUSAN PARAGAS, FINANCE DIRECTOR
SUBJECT: AGENDA ITEM NO. 15.B
CHECK REGISTERS
RE
COMMENDATION
That the City Council ratify the check registers dated September 26, and October 3, 10, 17, 21, and 22 as well as the payroll registers dated September 27,30, and October 11, and 25, 2024.
The City Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2024-25 Budget was adopted on June 6, 2024. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.
ANALYSIS
All expenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section 37208 of the Government Code. The Statement, with purchase details, is attached herewith.
OTHER INFORMATION
None.
FINANCIAL IMPACT
Check registers:
09/26/2024 $ 2,147,001.51
10/03/2024 $ 2,319,375.96
10/10/2024 $ 468,613.71
10/17/2024 $ 1,320,722.71
10/21/2024 $ 32,117.08
RETURN TO AGENDA
apChkLst
10/24/2024 10:59:44AM
36 checks in this report.
Final Check List
City of Jurupa Valley
Page: 4
Grand Total All Checks: 335,986.97
Page:4
apChkLst
10/24/2024 10:59:44AM
Bank: chase CHASE BANK
Check# Date Vendor
10/24/2024 00024
Voucher:
10/24/2024 00100
Voucher:
10/24/2024 00186
Voucher:
10/24/2024 00244
Voucher:
10/24/2024 00245
Voucher:
10/24/2024 01020
Voucher:
10/24/2024 01278
Voucher:
10/24/2024 01360
Voucher:
10/24/2024 01546
Voucher:
10/24/2024 01622
Voucher:
10/24/2024 02057
Voucher:
10/24/2024 02082
Voucher:
1 0/24/2024 02385
Voucher:
10/24/2024 02573
Voucher:
10/24/2024 02925
Voucher:
Final Check List
City of Jurupa Valley
Invoice
CITY OF BREA, - ACCOUNT RECIASIT001448
THE GAS COMPANY 101424
REGIONAL CONSERVATN. AUTHC093024
LOWE'S HIW, INC 090224
ORTIZ, ROGELIO 24717
24737
24736
24740
CRIME SCENE STERI-CLEAN, LLC529
526
FAIR HOUSING CNCL OF RIVERSR#3FY2425
COUNTY OF RIVERSIDE, SHERIF SH0000046758
SH0000046755
SH0000046756
BMW MOTORCYCLES OF, RIVER:6037066
SPECIAL DIST RISK MGMT AUTH 76291
WEST VALLEY WATER DISTRICT 090124
CIVICPLUS, LLC 318509
QUADIENT, INC. 17510818
ALTA LANGUAGE SERVICES, INC IS743932
ORANGE COUNTY CLERK-RECOl10172024
Inv Date Description
10/15/2024 SEP 2024 IT SVCS
10/14/2024 SEP 2024 GAS SVCS - 5293 MISc
9/1/2024 SEP 2024 MS HCP FEES
9/2/2024 AUG 2024 SUPPLIES MAINT.
9/24/2024 CITY ATTIRE FOR MAYOR
9/26/2024 CITY SEAL SHIRTS: J.T
9/26/2024 CITY SEAL SHIRTS: S.P.
9/26/2024 CITY ATTIRE FOR MAYOR
10/14/2024 CN: JV-242850170 CLEAN UP SEI
10/11/2024 CN: JV-24280024 CLEAN UP SER
10/4/2024 SEP 2024 FAIR HOUSING & LAN[
10/9/2024 JAN - AUG 2024 S.A EXAMS
10/9/2024 SEP 2024 EXTRA DUTY - COUNC
10/9/2024 SEP 2024 PLANNING COMMISSIC
9/26/2024 FY 24/25 MOTORCYCLE MAINTE
9/9/2024 FY23/24 SDRMAANNUAL WORK!
10/8/2024 SEP 2024 -1090 HALL
12/10/2024 FY 24/25 WEBSITE ANNUAL SER'
10/9/2024 SINGLE WINDOW CERTIFIED Ml'
9/30/2024 SEP 2024 LISTENING & SPEAKIN
10/17/2024 LOST TOKEN FOR SECURE REC
Page: 1
Amount Paid Check Total
2,898.00 2,898.00
57.33 57.33
85,820.58 85,820.58
620.90 620.90
217.65
150.85
134.69
79.74 582.93
900.00
900.00 1,800.00
2,466.16 2,466.16
7,800.00
5,453.95
311.07 13,565.02
683.70 683.70
45,906.03 45,906.03
46.56 46.56
7,372.33 7,372.33
687.88 687.88
110.00 110.00
150.00 150.00
Page: 1
apChkLst Final Check List Page: 2
10/24/2024 10:59:44AM City of Jurupa Valley
Bank : chase CHASE BANK (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 10/24/2024 02927 BLAIS & ASSOCIATES, LLC BA_8026_2024 10/15/2024 CAL OES CYBER SECURITY - GC 8,918.00 Voucher: BA_8025_2024 10/15/2024 SEP 2024 CDFW EEF GRANTAPI 5,582.50 BA_8080_2024 10/15/2024 SEP 2024 JVY GRANT RESEARC 2,795.00 17,295.50 10/24/2024 02993 LEGALSHIELD 101524 10/15/2024 OCT 2024 LEGAL SHIELD BENEF 53.80 53.80 Voucher:
10/24/2024 03009 UNITED PET CARE LLC 202404278 10/1/2024 OCT 2024 PET INSURANCE BENI 223.50 223.50 Voucher:
10/24/2024 03102 NATIONAL CNG & FLEET SERVIC 4729 9/5/2024 VEHICLE MAINTENANCE -2015 F 358.34 358.34 Voucher:
10/24/2024 03183 TRUE CLEAN SOURCE 119 10/11/2024 10/7 - 10/11/24 JANITORIAL SVCS 1,440.00 1,440.00 Voucher:
10/24/2024 03590 LINCOLN FINANCIAL GROUP 4757457452 10/10/2024 NOV 2024 LINCOLN FINANCIAL C 5,642.49 5,642.49 Voucher:
10/24/2024 03723 SAN DIEGO COUNTY SHERIFF'S RCSOJV24SEPT2 9/20/2024 MOTORCYCLE TRAINING 1,095.00 1,095.00 Voucher:
10/24/2024 03910 RANDOL PRINT MANAGEMENT 2024-13939 10/15/2024 2025 OPEN ENROLLMENT POST 172.75 172.75 Voucher:
10/24/2024 03944 ALLIED OFFICE EQUIPMENT 5612 FINAL 9/26/2024 FINAL PMNT ON INV# 5612 -2ND 7,271.08 7,271.08 Voucher:
10/24/2024 04040 BOMMERGOVCON, SELF MADE (1034 10/12/2024 HOME REHAB PROGRAM - CLIEI 10,000.00 10,000.00 Voucher:
890 9/20/2024 04251 U.S. BANK CORP PMT SYSTEMS 082624 8/26/2024 US BANK - CAL CARD PMNT STfu 18,487.47 18,487.47 Voucher:
891 9/20/2024 02385 QUADIENT, INC. 083024 8/1/2024 AUG 2024 POSTAGE 4,110.78 4,110.78 Voucher:
892 9/20/2024 04251 U.S. BANK CORP PMT SYSTEMS 082724 8/27/2024 US BANK - CAL CARD PMNT 8/27 29,643.21 29,643.21 Voucher:
22370 10/24/2024 03281 BASIC BACKFLOW 46567 8/2/2024 MULT. TEST & CERTIFY BACKFU 1,330.00 Voucher: 47501 9/25/2024 SHADOW ROCK TEST & CERTIF' 210.00 1,540.00 22371 10/24/2024 03736 FIRE RISK MANAGEMENT SERVl1110124 11/1/2024 NOV 2024 MEDICAL INSURANCE 58,399.31 58,399.31 Voucher:
22372 10/24/2024 01686 LIBERTY TOWING 24-380873 8/12/2024 6382 BAKER ST - PROPERTY CLI 4,400.00 4,400.00 Voucher:
22373 10/24/2024 02988 MUNICIPAL DENTAL POOL 110124 11/1/2024 NOV 2024 DELTA DENTAL PPO 3,448.46 3,448.46 Voucher:
Page: 2
apChkLst
10/24/2024 10:59:44AM
Bank: chase CHASE BANK (Continued)
Final Check List
City of Jurupa Valley
Check# Date Ven dor =-------------- .,,ln.,_,v""o.:.:iccce ___ _ Inv Date 22374 10/24/2024 02522
Voucher:
22375 10124/2024 01273
Voucher:
22376 10124/2024 01088
Voucher:
22377 10124/2024 01236
Voucher:
RIVERSIDE MEDICAL CLINIC 093024
SANTAANA RIVER WATER COMPFH016
WEST COAST ARBORISTS, INC 217847
WHITE CAP, L.P. 50028486617
50027959022
10/3/2024
10/112024
7/31/2024
9/2412024
811512024
Page: 3
Descriotion Amount Paid Check Total
SEPT 2024 LAB SVCS -AB. DM. C 480.00 480.00
BELLEGRAVE & DODD WATER s· 103.36 103.36
7116 - 7131124 TREE MAINTENANI 1,512.00 1,512.00
PW SUPPLIES - PERMA PATCH 4,310.00
PW SUPPLIES - PERMA PATCH 3,232.50 7,542.50
Sub total for CHASE BANK: 335,986.97
Page: 3
Page | 1
120
STAFF REPORT
DATE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 15.C
AWARD OF A GRANT THROUGH THE STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF LAND USE AND CLIMATE INNOVATION
FOR TOM WATHEN CENTER AT FLABOB AIRPORT FOR AVIATION
RELATED YOUTH AND EDUCATIONAL PROGRAMS AND THE CITY
OF JURUPA VALLEY TO ACT AS THE FISCAL SPONSOR
RE
COMMENDATION
1) That the City Council approve the Agreement between the City of Jurupa Valley and the Governor’s Office of Land Use and Climate Innovation to accept a $500,000 grant to act as the Fiscal Sponsor and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
2) That the City Council approve the Agreement between the City of Jurupa Valley and Tom Wathen Center for Aviation Related Youth and Educational Programs for an amount not-to-exceed the $500,000 grant received by the City from the Governor’s Office of Land Use and Climate Innovation.
BACKGROUND
The California Budget Act of 2023, Senate Bill 104, Chapter 189, section 19-567 appropriates $500,000 for the City of Jurupa Valley for the Tom Wathen Center (TWC) at Flabob Airport for aviati on-related youth educational prog rams, equipment or facilities.
The City of Jurupa Valley will serve as the Fiscal Sponsor to the recipient organization, Tom Wathen Center.
The TWC, a 501(c)(3), uses the fascination of flight to inspire learning and foster successful careers and fulfilling lives. They are dedicated to including all people- especially youth, veterans, and under resourced community members. At Flabob Airport they preserve aviation history and nurture the innovators of tomorrow.
RETURN TO AGENDA
Page | 2
Under the direction of the Board of Directors of the TWC, the allocation of $500,000 will help fund multiple programs, community outreach efforts and equipment and supplies to support youth education at the Tom Wathen Center at Flabob Airport.
ANALYSIS
In order to receive State funding, the Governor’s Office requires the City of Jurupa Valley to serve as the fiscal sponsor.
The following summary outlines the projected use of funding:
Mentors ($29,900): Mentors who assist in educational programs established by the TWC, will be paid approximately $25 an hour to share their expertise with students attending the programs.
Building Partnerships with Educational Institutions ($27,500): A percentage of staff wages will be allocated to offset the cost of building working relationships with Community Colleges and Universities with an aviation related curriculum.
Grant Management and Administration ($10,000): This includes a percentage of staff time for budgeting, reporting and grant administration.
Programming Expenses, Facilities Expenses, Equipment and Supplies ($362,600): This includes educational program staff, facilities expenses, meals for students, and activity supplies and equipment.
Marketing and Community Outreach ($70,000): This includes TWC promotional materials, social media management and a percentage of staff wages related to a consistent community presence e.g. Chamber of Commerce participation and other community involvement.
The Grantee shall submit a Final Project Closeout Report to the State of California at the end of the Agreement, March 31, 2027 or once the funds have been expended. The funds from the State of California will provide advance payment of the grant to the City of Jurupa Valley for full disbursement to Tom Wathen Center.
FINANCIAL IMPACT
No fiscal impact. $500,000 received from the State of California will be disbursed to the Tom Wathen Center.
ALTERNATIVES
1. Do not approve the Agreement by and between the City of Jurupa Valley and Tom Wathen Center and the State of California.
Page | 3
2. City Council to provide alternate direction to Staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work perfonned is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. Default of Consultant
A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the tenns of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. Ownership and Maintenance of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to tl1is Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing -2-
Pa
ge | 1
120
STAFF REPORT
DATE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 15.D
A RESOLUTION AUTHORIZING THE PURSUIT OF GRANT FUNDING
UNDER VARIOUS CALRECYCLE GRANT PROGRAMS AND
SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS
FOR WHICH THE CITY OF JURUPA VALLEY IS ELIGIBLE
RE
COMMENDATION
1) That the City Council adopt Resolution No. 2024-110, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL
CALRECYCLE GRANTS FOR WHICH THE CITY OF JURUPA VALLEY IS
ELIGIBLE
BACKGROUND
The California Department of Resources Recycling and Recovery (“CalRecycle”) is the state’s authority on recycling, waste reduction, and product reuse in California. On a regular basis, CalRecycle publishes grant opportunities for which the City of Jurupa Valley is eligible to receive. The City has successfully pursued CalRecycle grants in previous years.
ANALYSIS
CalRecycle requires that the City Council authorize a designed person(s) to submit grant applications and associated documents. This authorization is made via the adoption of a resolution. On September 20, 2018, the City Council approved the first CalRecycle Grant Resolution. The attached resolution will be the third authorization with CalRecycle and will extend the authorization period to November 6, 2027. Each authorization has a three- year time limit.
RETURN TO AGENDA
Page | 2
FINANCIAL IMPACT
CalRecycle grants typically offset or subsidize the cost of existing or planned infrastructure projects. No funding allocations are required at this time in taking this action in accordance with Staff recommendation.
ALTERNATIVES
1. Do not approve the attached resolution.
2. Provide alternate direction to Staff.
************************** SIGNATURES ON FOLLOWING PAGE *********************
Page | 1
STAFF REPORT
STAFF REPORT
D
ATE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: SUSAN PARAGAS, DIRECTOR OF FINANCE
SUBJECT: AGENDA ITEM NO. 15.E
U
PGRADE AND IMPLEMENTATION OF TYLER ENTERPRISE ERP
SOFTWARE
RECOMMENDATION
That the City Council approve an agreement with Tyler Technologies, Inc. for the Enterprise Resource Planning system (ERP) upgrade for the Enterprise ERP Financial Management Software Solution (EERP); and authorize the City Manager to sign the agreement on behalf of the City Council.
BACKGROUND
Since its incorporation on July 1, 2011, the City of Jurupa Valley has been using the Tyler Eden Financial Management System (Eden). The City uses Eden for basic financial and accounting services. Eden has a final sunset date of March 1, 2027, at which time Tyler will discontinue the availability and support of Eden
.
ANALYSIS
With the sunsetting of Eden, the City will no longer receive updates, security patches or support. Running outdated or end-of-life software could pr esent significant risks to the City as it relates to being more vulnerable to cyber threats, business disruptions and missed opportunities for increased efficiency and effectiveness due to the absence of new technologies and productivity tools and features.
As the City continues to grow and develop, so has the volume and complexity of its financial transactions and the need for streamlined solutions. EERP is the most current version of Tyler’s enterprise resource planning system and is an upgrade instead of a complete conversion to another vendor’s product. This includes much lower implementation costs than pursuing an alternative vendor’s ERP.
RETURN TO AGENDA
Page | 2
The one-time upgrade and implementation cost is estimated to be $277,028 which also includes the import and conversion of the City’s data. The annual support cost for EERP’s core functions is $91,191 for the first year. The total cost for the one-time implementation fee and the annual fee is $ 368,219. The FY 2024-2025 adopted budget includes an appropriation of $238,049 which is sufficient for the current fiscal year. The difference of $130,170 will be included in the FY 2025-2026 budget process.
In addition to upgrading to EERP’s Financial Management software, the Human Resources Management software will be implemented which includes running our payroll process in-house with employee access to electronic timesheets and a self- service portal. The implementation process includes configuration, data conversion and training.
Eden resides on-premise, meaning that the software is installed and runs on the City’s server. Outside of the City facilities, Eden can only be accessed through a virtual private network (VPN) which connects an outside PC or laptop to the City’s server. City Information Technology (IT) staff must ensure that Eden runs smoothly by performing server maintenance, installing updates and patches. Additionally, City IT staff is tasked with the backup of the data used in Eden in case the City’s server experiences data loss or corruption which can be the result of a number of issues such as hardware or software failure and natural disasters.
One of the benefits of upgrading to EERP is that the software and data will be stored on Tyler’s servers and they will be responsible for hosting, managing and securing our data.
This will provide more time for City IT staff to focus on other IT priorities. Another benefit of EERP is that it allows staff to access the software from any internet-connected device regardless of location.
Understanding the significant efforts required in the upgrade and implementation of an ERP system, City staff will continue to take a proactive approach to move forward and replace Eden with EERP which is a more effective and efficient software. Should the City Council approve the SaaS Agreement, the tentative start date for the implementation is April 1, 2025. The completion takes approximately 18 to 24 months and staff’s goal is to switch over before Eden’s sunset date of March 2027.
FISCAL IMPACT
There is no fiscal impact in FY 2024-2025 as $238,049 was appropriated Under Account No. 720.7200.62710 Information Services Fund-Software Support. The remaining $130,170 will be included in the FY 2025-2026 budget process.
ALTERNATIVES
1) Elect not to enter into the agreement at this time and provide staff with additional direction.
1 SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
• “Agreement” means this Software as a Service Agreement. • “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
• “Client” means City of Jurupa Valley, California.
• “Data” means your data necessary to utilize the Tyler Software. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
• “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary.
• “Developer” means a third party who owns the intellectual property rights to Third Party Software.
• “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
• “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
2 • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
• “Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
• “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
• “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E.
• “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
• “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
• “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
• “Third Party Services” means the third party services, if any, identified in the Investment Summary.
• “Third Party Software” means the third party software, if any, identified in the Investment Summary.
• “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
• “we”, “us”, “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.
SECTION B – SAAS SERVICES
1. Rights Granted.
1.1 We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have
3 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 our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the 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 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
4 information. If our SaaS Services are provided using a 3rd 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 shall have, throughout the term of this Agreement, 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. Throughout the term of this Agreement, we will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.
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 on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request.
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 are responsible for the security of cardholder data that we possess, including functions relating
5 to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, and throughout the term of this Agreement, we shall comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about-us/compliance, and in the event of any change in our status, will comply with applicable notice requirements.
7. License Rights Terminate Upon Migration. When Tyler makes Tyler Software identified in the Investment Summary (the “Evergreen Modules”) and licensed pursuant to this Agreement available to the Client for use in live production, the license to the Tyler software listed in Exhibit A, Schedule 1 (hereafter, “Migration Modules”) terminates, as do Tyler’s maintenance, support, and/or update obligations for such software.
SECTION C –PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary and described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are 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 interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If 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) documented daily fees associated with cancelled professional services if we are unable to reassign our personnel and (b) any non- refundable, documented 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
6 provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. We reserve the right to use secure third-party connectivity tools to deliver maintenance and support services. You agree to reasonably cooperate with us in providing access to your environments and Data for the purposes of providing maintenance and support services and acknowledge that our warranty, support, and service level obligations under this Agreement are contingent upon receiving reasonable access to your Data and systems.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our then-current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.
7 10. Support of Migration Modules. Beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement, and contingent upon Client’s timely payment of annual SaaS Fees for Tyler Evergreen Modules, Client is entitled to receive, at no additional charge, maintenance and support for the Migration Modules until Tyler makes the Tyler Evergreen Modules available for use in live production.
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 independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within forty-five (45) 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,
8 then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is equal to one (1) year, commencing on April 1, 2025, unless earlier terminated as set forth below. Upon expiration of the initial term, this Agreement may be renewed for successive one (1) year renewal terms by mutual agreement of the parties.
SaaS Fees for renewal terms in years two (2) through ten (10) will be capped at a five percent (5%) increase year over year. SaaS Fees for any renewal terms in years eleven (11) and on will be at our then current SaaS Fees. Client may indicate its agreement to renewal terms by timely payment of a Tyler invoice of annual fees for the renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we
9 consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software 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 while retaining substantially similar functionality; 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 defend, indemnify and hold harmless you and your agents, elected and appointed 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.
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
10 RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF CERTAIN DAMAGES SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000 (inclusive of Cyber Liability); (d) Workers Compensation complying with applicable statutory requirements; and (f) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties 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
11 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. Neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement, including all Exhibits and attachments, all of which are incorporated by reference herein, 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. The terms of this Agreement shall govern in the event of any conflict or inconsistency with any Exhibit or online terms and conditions incorporated by reference herein.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the
12 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. You agree that we may identify you by name in client lists, and with your prior written consent, marketing presentations, and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request pursuant to a subpoena, court order or the California Public Records Act or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive such a request, including an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.
18. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact
13 information so that we may timely obtain such license.
19. Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to its rules on conflicts of law. Venue for any legal action arising out of this Agreement shall be filed in a state or federal court of competent jurisdiction serving the County of Riverside, CA.
20. Compliance with Applicable Law. Tyler, in the performance of services, will comply with all applicable state and federal laws and regulations. The fess in the Investment Summary are based, in part, on the cost of compliance with applicable laws existing as of the Effective Date. Should laws applicable to Tyler’s performance under the Agreement change after the Effective Date, Tyler reserves the right to seek a change order for the additional work, time and/or cost that may be required to comply with the new law or regulation.
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 as are in effect as of the Effective Date of this Agreement. Should Tyler’s Data & Insights SaaS Services Terms of Service be amended or revised, we agree to provide you with not less than 30 days’ written notice prior to the effective date of such change in terms.
24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Schedule 1: Migration Modules
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
14 IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.
Tyler Technologies, Inc. City of Jurupa Valley, California
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Jurupa Valley
One Tyler Drive 8930 Limonite Avenue
Yarmouth, ME 04096 Jurupa Valley, California 92509-5019 Attention: Chief Legal Officer Attention: ______________________________
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2024-473383-N6K7Q6 CONFIDENTIAL Page 1
Quoted By: Jason Cloutier
Quote Expiration: 12/31/24
Quote Name: City of Jurupa Valley-ERP-EERP
Quote Description: Enterprise ERP (10.9.24)
Saas Term 1.00
Sales Quotation For: Shipping Address:
City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley CA 92509-5019
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting 1 132 $ 14,860.00
Accounts Payable 1 48 $ 4,371.00
Assets Mobile 1 16 $ 3,116.00
Bid Management 1 16 $ 1,603.00
Budgeting 1 48 $ 4,371.00
Capital Assets 1 32 $ 3,739.00
Cash Management 1 24 $ 2,428.00
Contract Management 1 24 $ 1,603.00
eProcurement (Vendor Access and Punch-Out) 1 32 $ 2,900.00 Project & Grant Accounting 1 24 $ 2,914.00
Purchasing 1 80 $ 6,167.00
Human Resources Management
Human Resources & Talent Management 1 88 $ 6,993.00
Payroll with Employee Access 1 168 $ 9,884.00
Time & Attendance w Mobile Access - Up to 150 Employees 1 120 $ 5,918.00
2024-473383-N6K7Q6 CONFIDENTIAL Page 2 Revenue Management
Accounts Receivable 1 72 $ 3,205.00
Cashiering 1 32 $ 5,342.00
General Billing 1 24 $ 2,185.00
Content Management
Content Manager Core 1 40 $ 6,799.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights 1 64 $ 11,370.00 Additional
Enterprise Forms Processing Software (including Common Form Set) 1 0 $ 5,440.00 Sub-Total: $ 105,208.00
Less Discount: $ 14,017.00
TOTAL 1084 $ 91,191.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Capital Assets Import Hours 12 $ 175.00 $ 1,056.00 $ 1,044.00 $ 0.00 COA Import Hours 12 $ 175.00 $ 1,056.00 $ 1,044.00 $ 0.00 Executive Insights Implementation 1 $ 4,800.00 $ 0.00 $ 4,800.00 $ 0.00 Payroll Accruals Import Hours 8 $ 175.00 $ 0.00 $ 1,400.00 $ 0.00 Payroll Deductions Import Hours 12 $ 175.00 $ 0.00 $ 2,100.00 $ 0.00 Payroll Employee Master Import Hours 12 $ 175.00 $ 0.00 $ 2,100.00 $ 0.00 Position Control Import Hours 8 $ 175.00 $ 0.00 $ 1,400.00 $ 0.00 State Retirement Tables Import Hours 8 $ 175.00 $ 0.00 $ 1,400.00 $ 0.00 Conversions – See Detailed Breakdown Below $ 17,140.00 $ 0.00 Project Management 272 $ 175.00 $ 0.00 $ 47,600.00 $ 0.00 Onsite Implementation 292 $ 200.00 $ 0.00 $ 58,400.00 $ 0.00 Remote Implementation 792 $ 175.00 $ 0.00 $ 138,600.00 $ 0.00 TOTAL $ 277,028.00 $ 0.00
2024-473383-N6K7Q6 CONFIDENTIAL Page 3 Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 91,191.00
Total Tyler Services $ 277,028.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 277,028.00 $ 91,191.00
Contract Total $ 368,219.00
Estimated Travel Expenses excl in Contract
Total $ 16,440.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Financials
Accounting 1 $ 4,000.00 $ 2,000.00 $ 2,000.00
Accounts Payable 1 $ 6,200.00 $ 3,100.00 $ 3,100.00
Purchase Orders 1 $ 3,600.00 $ 1,800.00 $ 1,800.00
Human Resources Management
Human Resources Management 1 $ 14,300.00 $ 7,150.00 $ 7,150.00 2024-473383-N6K7Q6 CONFIDENTIAL Page 4 Revenue Management
General Billing 1 $ 6,180.00 $ 3,090.00 $ 3,090.00
TOTAL $ 17,140.00
Tyler Annual Discount Detail (Excludes Optional Products) Description Annual Fee
Annual Fee
Discount Annual Fee Net
Financial Management
Accounting $ 14,860.00 $ 2,526.00 $ 12,334.00
Accounts Payable $ 4,371.00 $ 743.00 $ 3,628.00
Assets Mobile $ 3,116.00 $ 312.00 $ 2,804.00
Bid Management $ 1,603.00 $ 160.00 $ 1,443.00
Budgeting $ 4,371.00 $ 437.00 $ 3,934.00
Capital Assets $ 3,739.00 $ 374.00 $ 3,365.00
Cash Management $ 2,428.00 $ 243.00 $ 2,185.00
Contract Management $ 1,603.00 $ 160.00 $ 1,443.00
eProcurement (Vendor Access and Punch-Out) $ 2,900.00 $ 290.00 $ 2,610.00 Project & Grant Accounting $ 2,914.00 $ 495.00 $ 2,419.00 Purchasing $ 6,167.00 $ 1,048.00 $ 5,119.00
Human Resources Management
Human Resources & Talent Management $ 6,993.00 $ 1,189.00 $ 5,804.00 Payroll with Employee Access $ 9,884.00 $ 1,680.00 $ 8,204.00 Time & Attendance w Mobile Access - Up to 150 Employees $ 5,918.00 $ 0.00 $ 5,918.00 Revenue Management
Accounts Receivable $ 3,205.00 $ 545.00 $ 2,660.00
Cashiering $ 5,342.00 $ 908.00 $ 4,434.00
General Billing $ 2,185.00 $ 371.00 $ 1,814.00
2024-473383-N6K7Q6 CONFIDENTIAL Page 5 Content Management
Content Manager Core $ 6,799.00 $ 680.00 $ 6,119.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights $ 11,370.00 $ 1,312.00 $ 10,058.00 Additional
Enterprise Forms Processing Software (including Common
Form Set) $ 5,440.00 $ 544.00 $ 4,896.00
TOTAL $ 105,208.00 $ 14,017.00 $ 91,191.00
Comments
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the- Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
As a new Tyler client, you are entitled to a 14-day or a 30-day trial of the Managed Detection and Response cybersecurity service. Please reference https://www.tylertech.com/services/tyler-detect for more information on the service and contact [email protected] to initiate the trial.
2024-473383-N6K7Q6 CONFIDENTIAL Page 6 Tyler currently supports the following identity providers (IdP's) for use with Tyler back-office solutions: Microsoft Active Directory through Azure AD, ADFS or Okta AD agent, Google Cloud Identity, Okta, and Identity Automation Rapid Identity. Any requirement by you to use an IdP not supported by Tyler will require additional costs, available upon request.
Content Manager Core includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.
The SaaS fees for product that are not named users are based on 32 concurrent users. Should the number of concurrent users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories.
Accounting conversion includes: Actuals (total balances only) up to 5 years, Budgets (total balances only) up to 5 years Accounts Payable conversion includes: Standard - Vendors, Remit Addresses, 1099 Amounts, Check History(Header, Detail) - up to 5 years, Invoices (Header, Detail) - up to 5 years
General Billing conversion includes: Standard - CID, Recurring Invoices, Bills(Header, Detail), Payment History, Invoices - up to 5 years Purchase Orders conversion includes: Standard - Open POs, Closed POs - up to 5 years Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 1099INT, 1099S, 1099NEC and 1099G.
General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.
Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.
In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non-Tyler applications, Client must purchase or upgrade to Content Manager Enterprise Edition.
Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights SaaS Services, or certain Tyler solutions which include Tyler’s Data & Insights data platform, are subject to the Terms of Services, available at https://www.tylertech.com/terms/data-insights-saas-services- terms-of-service. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms. 2024-473383-N6K7Q6 CONFIDENTIAL Page 7 Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.
Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.
Human Resources Management conversion includes: Standard - Employee Master, Address, Accumulators (Earnings & Deduction totals by period) - up to 5 years, Check History - up to 5 years, Earning/Deduction History - up to 5 years, PM Action History - up to 5 years, Certifications, Education
Exhibit A
Schedule 1
1 Exhibit A
Schedule 1
Migration Modules
• GL/AP/PG Support
• Tyler Cashiering Support
• Accounts Receivable Support
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 term, SaaS Fees for renewal terms in years two (2) through ten (10) will be capped at a five percent (5%) increase year over year. Your annual SaaS Fees for any renewal terms beyond year ten (10) will be at our then current rates. Beginning on the commencement of the initial term, Client shall no longer be required to pay annual support fees for the Migration Modules.
2. Other Tyler Software and Services.
2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN.
2.2 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.
2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the best practice recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.
2.4 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.
2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed
Exhibit B
2 to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement.
2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. 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.
2.7 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.
2.8 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 then- current rates, upon each anniversary thereof.
3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.
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 Exhibit A 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.
Exhibit B
3 Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.
6. Credit for Prepaid Maintenance and Support Fees for Migration Modules. Client will receive a credit for the maintenance and support fees prepaid for the Migration Modules for the time period commencing on the first day of the initial term, as set forth in Section F (1) of this Agreement. Migration Modules are listed at Exhibit A, Schedule 1.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].
Exhibit B
Schedule 1
1 Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
Exhibit B
Schedule 1
2 2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates.
“No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
Exhibit B
Schedule 1
3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
Exhibit B
Schedule 1
4 5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
Exhibit C
1 Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process . This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third- party providers over whom we exercise no control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number.
Exhibit C
2 b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of 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.
Exhibit C
3 Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.
Exhibit C
Schedule 1
1 Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configuration- based questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com
– for accessing client tools, documentation, and other
information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.
New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of
Exhibit C
Schedule 1
2 such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client will reasonably set the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated the reported Defect/support incident.
Priority
Level Characteristics of Support Incident Resolution Targets* 1 Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
Exhibit C
Schedule 1
3 Priority
Level Characteristics of Support Incident Resolution Targets* 2 High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted data is limited to assisting the Client in restoring its last available
database.
3 Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall
occur at least quarterly. For non-hosted customers,
Tyler’s responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
4 Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need
Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request.
Exhibit D
1 Exhibit D
Third Party Terms
Cornerstone OnDemand Terms. Your use of Cornerstone OnDemand software and services is subject to terms found here: https://s3.us-e ast-
1.amazonaws.com/sumtotalsystems.com/prod/images/cornerstone-terms-of-use.pdf. By signing a Tyler Agreement or Order Form including Cornerstone software or services, or accessing, installing, or using Cornerstone software or services, you agree that you have read, understood, and agree to such terms.
DocOrigin Terms. Your use of Tyler Forms software and forms is subject to the DocOrigin End User License Agreement available for download here: https://eclipsecorp.us/eula/. By signing a Tyler Agreement or Order Form including Tyler forms software or forms, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.
Emphasys Terms. Your use of SymPro software and services is governed by terms available here: https://tylertech.com/portals/0/terms/Emphasys-S oftware-Agreement/Emphasys-Software- Agreement.pdf. By signing a Tyler Agreement or Order Form containing such software or services, or accessing, installing, or using SymPro software or services, you agree that you have read, understood, and agree to such terms.
Fire Prevention Mobile Terms. Your use of Tyler’s Fire Prevention Mobile solutions is subject to the terms found here: https://www.tylertech.com/terms/fire-prevention-mobile-third-party-terms. By signing a Tyler Agreement or Order Form, or accessing, installing, or using the Fire Prevention Mobile solution, you agree that you have read, understood, and agree to such terms.
Pattern Stream Terms. Your use of Pattern Stream software and services is subject to the terms found here: https://www.tylertech.com/terms/finite-matters-ltd-consolidated-terms. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Pattern Stream software or services, you agree that you have read, understood, and agree to such terms.
Quatred Terms. Your use of Quatred solutions is subject to the End User License Agreement terms found here: https://www.quatred.com/eula. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Quatred solutions provided to you by Tyler, you agree that you have read, understood, and agree to such terms.
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or
Exhibit D
2 accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.
Twilio Acceptable Use Policy. Your use of the Tyler solutions listed below includes functionality provided by a Third Party Developer, Twilio. Your rights, and the rights of any of your end users, to use said functionality are subject to the terms of the Twilio Acceptable Use Policy, available at http://www.twilio.com/legal/aup. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any such Tyler solution, you certify that you have reviewed, understand and agree to said terms. Tyler hereby disclaims any and all liability related to your or your end user’s failure to abide by the terms of the Twilio Acceptable Use Policy. Any liability for failure to abide by said terms shall rest solely with the person or entity whose conduct violated said terms. • Electronic Warrants
• Online Dispute Resolution
• Enterprise Justice Notifications Add On (text notifications) • Absence & Substitute
• Notify
• Enterprise Jury Manager
• Enterprise Supervision
• Virtual Court
Exhibit E
1 Exhibit E
Statement of Work
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Jurupa Valley, CA
SOW from Tyler Technologies, Inc.
5/21/2024
Presented to:
City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509-5019
Contact:
Bobbi Davis
Email: [email protected]
1 Tyler Drive, Yarmouth, Maine 04096
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Table of Contents
PART 1: EXECUTIVE SUMMARY ............................................................................................................... 1 Project Overview ............................................................................................................................. 1 Introduction ........................................................................................................................................ 1 Project Goals ....................................................................................................................................... 1 Methodology ....................................................................................................................................... 1 PART 2: PROJECT FOUNDATION ............................................................................................................. 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 Tyler Cloud Operations ............................................................................................................... 9 Tyler Data Experts ....................................................................................................................... 9 City Roles & Responsibilities ............................................................................................................... 9 City Executive Sponsor ................................................................................................................ 9 City Steering Committee ............................................................................................................. 9 City Project Manager ................................................................................................................ 10 City Functional Leads ................................................................................................................ 11 City Power Users ....................................................................................................................... 12 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
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Project/Phase Planning ............................................................................................................. 16 Infrastructure Planning ............................................................................................................. 17 Stakeholder Meeting ................................................................................................................. 18 This work package is not applicable. ......................................................................................... 19 Control Point 1: Initiate & Plan Stage Acceptance .................................................................... 19 Assess & Define ................................................................................................................................. 19 Solution Orientation.................................................................................................................. 19 Current & Future State Analysis ................................................................................................ 20 Conversion Assessment ............................................................................................................ 21 This work package is not applicable. ......................................................................................... 22 This work package is not applicable. ......................................................................................... 22 Control Point 2: Assess & Define Stage Acceptance ................................................................. 22 Prepare Solution ............................................................................................................................... 23 Initial System Deployment ........................................................................................................ 23 Configuration ............................................................................................................................ 24 Process Refinement .................................................................................................................. 25 Conversion Delivery .................................................................................................................. 26 This work package is not applicable. ......................................................................................... 28 This work package is not applicable. ......................................................................................... 28 Control Point 3: Prepare Solution Stage Acceptance ................................................................ 28 Production Readiness ....................................................................................................................... 28 Solution Validation .................................................................................................................... 29 Go-Live Readiness ..................................................................................................................... 29 End User Training ...................................................................................................................... 30 Control Point 4: Production Readiness Stage Acceptance ........................................................ 32 Production ......................................................................................................................................... 32 Go-Live ...................................................................................................................................... 32 Transition to Client Services ...................................................................................................... 33 Post Go-Live Activities ............................................................................................................... 34 Control Point 5: Production Stage Acceptance ......................................................................... 35 Close .................................................................................................................................................. 35 Phase Closeout .......................................................................................................................... 36 Project Closeout ........................................................................................................................ 37 Control Point 6: Close Stage Acceptance .................................................................................. 38 General Assumptions ...................................................................................................................... 38 Project ............................................................................................................................................... 38 Organizational Change Management ............................................................................................... 38 Resources and Scheduling ................................................................................................................ 39 Data ................................................................................................................................................... 39 Facilities............................................................................................................................................. 40 Glossary ......................................................................................................................................... 41 PART 4: APPENDICES ............................................................................................................................... 44
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Conversion ..................................................................................................................................... 44 Enterprise ERP Conversion Summary ............................................................................................... 44 Accounting ................................................................................................................................ 44 Accounts Payable ...................................................................................................................... 44 Purchase Orders ........................................................................................................................ 44 Human Resources Management ............................................................................................... 45 General Billing ........................................................................................................................... 45 Additional Appendices ................................................................................................................ 47 This work package is not applicable.................................................................................................. 47 Project Timeline .......................................................................................................................... 48 ERP Project Timeline ......................................................................................................................... 48 This work package is not applicable.................................................................................................. 48
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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 on- time 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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Tyler Cloud Operations
Sets up Tyler-hosted servers.
Provides maintenance of hosted infrastructures
Provides IT-related services for server environment.
Provides remote technical assistance and tracks issues. Provides system management and disaster recovery services within hosting services.
Tyler Data Experts
Validates that customer data files are in proper format. Develops customized conversion programs, as necessary, to convert Legacy System data into the Tyler database for production use according to defined mapping. Provides error Reports on unsupported data conditions and the merging or normalization of data fields.
Assists the City with understanding and interpreting error Reports. Performs changes and corrections to customized conversion programs as the City completes the data review.
Provides conversion consulting and mapping assistance.
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.
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Assists with communicating key project messages throughout the organization. Prioritizes the project within the organization.
Ensures the project staffed appropriately and that staff have necessary resources. Monitors project progress including progress towards agreed upon goals and objectives. Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
o Project Goals
o City Policies
o Needs of other client projects
City Project Manager
The City shall assign project manager(s) prior to the start of this project with overall responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment. The City Project Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the City project manager(s) do not have the knowledge or authority to make 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.
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Tyler Technologies, Inc. Page | 11
Routinely communicates with both the City staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the project by all team members. Manages the requirements gathering process and ensure timely and quality business requirements are being provided to Tyler.
Resource Management
Acts as liaison between project team and stakeholders. Identifies and coordinates all City resources across all modules, phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices.
Provides direction and support to project team.
Builds partnerships among the various stakeholders, negotiating authority to move the project forward.
Manages the appropriate assignment and timely completion of tasks as defined. Assesses team performance and takes corrective action, if needed. Provides guidance to City technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. 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
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o Modification specification, demonstrations, testing and approval assistance o Data analysis assistance
o Decentralized end user training
o Process testing
o Solution Validation
City Power Users
Participate in project activities as required by the project team and project manager(s). Provide subject matter expertise on the City business processes and requirements. Act as subject matter experts and attend Current & Future State Analysis sessions as needed. Attend all scheduled training sessions.
Participate in all required post-training processes as needed throughout project. Test all application configuration to ensure it satisfies business process requirements. Become application experts.
Participate in Solution Validation.
Adopt and support changed procedures.
Complete all deliverables by the due dates defined in the project schedule. Demonstrate competency with Tyler products processing prior to Go-live. Provide knowledge transfer to the City staff during and after implementation. Participate in conversion review and validation.
City End Users
Attend all scheduled training sessions.
Become proficient in application functions related to job duties. Adopt and utilize changed procedures.
Complete all deliverables by the due dates defined in the project schedule. Utilize software to perform job functions at and beyond Go-live.
City Technical Lead
Coordinates updates and releases with Tyler as needed. Coordinates the copying of source databases to training/testing databases as needed for training days.
Coordinates and adds new users, printers and other peripherals as needed. Validates that all users understand log-on process and have necessary permission for all training sessions.
Coordinates interface development for City third party interfaces. Develops or assists in creating reports as needed.
Ensures on-site system meets specifications provided by Tyler. Assists with software installation as needed.
Extracts and transmits conversion data and control reports from the City’s legacy system per the conversion schedule set forth in the project schedule.
City Upgrade Coordination
Becomes familiar with the software upgrade process and required steps. Becomes familiar with Tyler’s releases and updates.
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Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the City’s software upgrade process. Assists with the software upgrade process during implementation. Manages software upgrade activities post-implementation. Manages software upgrade plan activities.
Coordinates software upgrade plan activities with City and Tyler resources. Communicates changes affecting users and department stakeholders. Obtains department stakeholder acceptance to upgrade production environment.
City Change Management Lead
Validates that users receive timely and thorough communication regarding process changes. Provides coaching to supervisors to prepare them to support users through the project changes. Identifies the impact areas resulting from project activities and develops a plan to address them proactively.
Identifies areas of resistance and develops a plan to reinforce the change. Monitors post-production performance and new process adherence.
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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 “This work package is not applicable” in Section 6 of the Statement of Work.
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Initiate and Plan
The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a foundation for the Project by identifying and establishing sequence and timing for each Phase as well as verifying scope for the Project. This stage will be conducted at the onset of the Project, with a few unique items being repeated for the additional Phases as needed.
Initial Coordination
Prior to Project commencement, Tyler management assigns project manager(s). Additional Project resources will be assigned later in the Project as a Project schedule is developed. Tyler provides the City with initial Project documents used to gather names of key personnel, their functional role as it pertains to the Project, as well as any blackout dates to consider for future planning. the City gathers the information requested by the provided deadline ensuring preliminary planning and scheduling can be conducted moving the Project forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the City’s team. During this step, Tyler will work with the City to establish the date(s) for the Project and Phase Planning session.
Objectives:
Formally launch the project.
Establish project governance.
Define and communicate governance for Tyler.
Identify City project team.
STAGE 1 Initial Coordination
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Department Heads
End Users
Technical Leads
Tyler project team is assigned A R C I I I I I I
City project team is assigned A I R I I I
Provide initial project
documents to the City
A R C C I I
Gather preliminary information
requested
I A R C C C C
Sales to implementation
knowledge transfer
A R I I I I I
Create Project Portal to store
project artifacts and facilitate
communication
A R I
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Tyler Technologies, Inc. Page | 16
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 Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Schedule and
conduct planning
session(s)
A R I C C I
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Tyler Technologies, Inc. Page | 17
Develop Project
Management Plan
A R I C C I
Develop initial
project schedule
A R I I I I I I C C I I C I
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
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. Tyler will be responsible for building the environments for a hosted/SaaS deployment, unless otherwise identified in the Agreement. The City is responsible for the installation, setup, and maintenance of all peripheral devices.
Objectives:
Ensure the City’s infrastructure meets Tyler’s application requirements. Ensure the City’s infrastructure is scheduled to be in place and available for use on time.
STAGE 1 Infrastructure Planning
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts
(Power Users)
Department Heads
End Users
Technical Leads
Initial Infrastructure
Communication A R C C C C
Schedule
Environment
Availability
A R C I
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Inputs Initial Infrastructure Requirements
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Completed Infrastructure Requirements Delivery of Requirements
Stakeholder Meeting
Communication of the Project planning outcomes to the City Project team, executives and other key stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform, engage, gain commitment, and instill confidence in the City team. During the meeting, the goals and objectives of the Project will be reviewed along with detail on Project scope, implementation methodology, roles and responsibilities, Project timeline and schedule, and keys to Project success.
Objectives:
Formally present and communicate the project activities and timeline. Communicate project expectations.
STAGE 1 Stakeholder Meeting
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
Inputs Agreement
SOW
Project Management Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Stakeholder Meeting Presentation
Work package assumptions:
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Tyler Technologies, Inc. Page | 19
None
This work package is not applicable.
Control Point 1: Initiate & Plan Stage Acceptance
Acceptance criteria for this stage includes completion of all criteria listed below.
Note: Advancement to the Assess & Define stage is not dependent upon Tyler’s receipt of this stage acceptance.
Initiate & Plan Stage Deliverables:
Project Management Plan
Initial Project Schedule
Initiate & Plan stage acceptance criteria:
All stage deliverables accepted based on acceptance criteria previously defined Project governance defined
Project portal made available to the City
Stakeholder meeting complete
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current City business processes. This information will be used to identify and define business processes utilized with Tyler software.
The City collaborates with Tyler providing complete and accurate information to Tyler staff and assisting in analysis, understanding current workflows and business processes.
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution functionality prior to beginning the current and future state analysis. The primary goal is to establish a foundation for upcoming conversations regarding the design and configuration of the solution.
Tyler utilizes a variety of tools for the Solution Orientation, focusing on City team knowledge transfer such as:
eLearning, documentation, or walkthroughs. The City team will gain a better understanding of the major processes and focus on data flow, the connection between configuration options and outcome, integration, and terminology that may be unique to Tyler’s solution.
Objectives:
Provide a basic understanding of system functionality. Prepare the City for current and future state analysis.
STAGE 2 Solution Orientation
Tyler City
Jurupa Valley, CA
Tyler Technologies, Inc. Page | 20
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Provide pre-requisites A R I I I I I Complete pre-requisites A R C C Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process changes that will be achieved with the new system.
The City and Tyler will evaluate current state processes, options within the new software, pros and cons of each based on current or desired state and make decisions about the future state configuration and processing. This may occur before or within the same timeframe as the configuration work package. The options within the new software will be limited to the scope of this implementation and will make use of standard Tyler functionality.
The City will adopt the existing Tyler solution wherever possible to avoid project schedule and quality risk from over customization of Tyler products. It is the City’s responsibility to verify that in-scope requirements are being met throughout the implementation if functional requirements are defined as part of the contract.
The following guidelines will be followed when evaluating if a modification to the product is required:
A reasonable business process change is available.
Functionality exists which satisfies the requirement. Configuration of the application satisfies the requirement. An in-scope modification satisfies the requirement.
Requirements that are not met will follow the agreed upon change control process and can have impacts on the project schedule, scope, budget, and resource availability.
STAGE 2 Current & Future State Analysis
Tyler City
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Tyler Technologies, Inc. Page | 21
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Current State process
review A R I I I C C C C C
Discuss future-state
options A R C C C C C C C C
Make future-state
decisions (non-COTS) C C C C C A R I C C
Document anticipated
configuration options
required to support
future state
A R C C C I I I I I
Inputs City current state documentation
Solution Orientation completion
Outputs /
Deliverables
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.
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STAGE 2 Data Conversion Assessment
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Extract Data from
Source Systems I C A R
Review and Scrub
Source Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs City Source data
City Source data Documentation (if available)
Outputs /
Deliverables
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 Enterprise ERP 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.
This work package is not applicable.
This work package is not applicable.
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:
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Documentation of future state decisions and configuration options to support future state decisions. Modification specification document.
Assess & Define Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Solution Orientation is delivered.
Conversion data extracts are received by Tyler.
Data conversion plan built.
Prepare Solution
During the Prepare Solution stage, information gathered during the Initiate & Plan and Assess & Define stages will be used to install and configure the Tyler software solution. Software configuration will be validated by the City against future state decisions defined in previous stages and processes refined as needed to ensure business requirements are met.
Initial System Deployment
The timely availability of the Tyler Solution is important to a successful Project implementation. The success and timeliness of subsequent work packages are contingent upon the initial system deployment of Tyler Licensed Software on an approved network and infrastructure. Delays in executing this work package can affect the project schedule.
Objectives:
All licensed software is installed and operational.
The City can access the software.
STAGE 3 Initial System Deployment (Hosted/SaaS)*
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Prepare hosted
environment A R I C
Install Licensed
Software for
Included
Environments
A R I C
Install Licensed
Software on City
Devices (if
applicable)
I C A R
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Tyler Technologies, Inc. Page | 24
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
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.
The City has technical infrastructure in place that meets Tyler requirements to ensure sufficient speed and operability of Tyler Licensed Software. Tyler will not support the user of Licensed Software if the City does not meet the minimum standards of Tylers’s published specifications.
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 Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Conduct configuration
training A R I C C
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Tyler Technologies, Inc. Page | 25
Complete Tyler
configuration tasks
(where applicable)
A R I I I
Complete City
configuration tasks
(where applicable)
I C A R C
Standard interfaces
configuration and
training (if applicable)
A R C I C C C
Updates to Solution
Validation testing plan C C A R C C
Inputs Documentation that describes future state decisions and configuration options to support future state decisions.
Outputs /
Deliverables
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 Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Jurupa Valley, CA
Tyler Technologies, Inc. Page | 26
Conduct process
training A R I C I C
Confirm process
decisions I C A R C I C
Test configuration I C A R C
Refine
configuration (City
Responsible)
I C A R C
Refine
configuration (Tyler
Responsible)
A R I I I
Validate interface
process and results I C C A R C C
Update City-
specific 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 well- executed 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.
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Objectives:
Data is ready for production (Conversion).
STAGE 3 Data Delivery & Conversion
Tyler City
RACI MATRIX
KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Provide data
crosswalks/code
mapping tool
A C R I I I
Populate data
crosswalks/code
mapping tool
I C C A R C
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
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Tyler Technologies, Inc. Page | 28
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.
This work package is not applicable.
This work package is not applicable.
Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Prepare Solution Stage Deliverables:
Licensed software is installed.
Installation checklist/system document.
Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Software is configured.
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.
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Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that the City verifies all aspects of the Project (hardware, configuration, business processes, etc.) are functioning properly, and validates that all features and functions per the contract have been deployed for system use.
Objectives:
Validate that the solution performs as indicated in the solution validation plan. Ensure the City organization is ready to move forward with go-live and training (if applicable).
STAGE 4 Solution Validation
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Update Solution
Validation plan A R C C C C
Update test scripts (as
applicable) C C C A R C
Perform testing C C C A R C
Document issues from
testing C C C A R C
Perform required follow-
up 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
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concerns will be discussed, and mitigation options documented. Tyler and the City will jointly agree to move forward with transition to production. Expectations for final preparation and critical dates for the weeks leading into and during the Go-Live week will be planned in detail and communicated to Project teams.
Objectives:
Action plan for go-live established.
Assess go-live readiness.
Stakeholders informed of go-live activities.
STAGE 4 Go-Live Readiness
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Perform Readiness
Assessment I A R C C I C I I I I I I
Conduct Go-Live planning
session A R C C C C C C C
Order peripheral
hardware (if applicable) I A R C Confirm procedures for
Go-Live issue reporting &
resolution
A R I I I I C C I I I I I
Develop Go-Live checklist A R C C C C I C C Final system
infrastructure review
(where applicable)
A R C C
Inputs Future state decisions
Go-live checklist
Outputs /
Deliverables
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.
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Train the Trainer: Tyler provides one occurrence of each scheduled training or implementation topic. City users who attended the Tyler sessions may train additional users. Additional Tyler led sessions may be contracted at the applicable rates for training.
Tyler will provide standard application documentation for the general use of the software. It is not Tyler’s responsibility to develop City specific business process documentation. City-led training labs using City specific business process documentation if created by the City can be added to the regular training curriculum, enhancing the training experiences of the end users.
Objectives:
End users are trained on how to use the software prior to go-live. The City is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Update training plan A R C C I C
End User training (Tyler-
led) A R C C C I C C C
Train-the-trainer A R C C C I C
End User training (City-
led) 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).
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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 Go- Live 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
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Provide final source data
extract, if applicable C C A R Final source data pushed
into production
environment, if
applicable
A C R I C C C
Proof final converted
data, if applicable C C C A R C
Complete Go-Live
activities as defined in
the Go-Live action plan
C C C A R C I C
Provide Go-Live
assistance A R C C I C C I C I C
Inputs Comprehensive Action Plan for Go-Live
Final source data (if applicable)
Outputs /
Deliverables
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 Go- Live 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 Go- Live.
Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the exception of agreed-upon post Go-Live activities. The Tyler project manager(s) schedules a formal transition of the City onto the Tyler Client Services team, who provides the City with assistance following Go-Live, officially transitioning the City to operations and maintenance.
Objectives:
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Ensure no critical issues remain for the project teams to resolve. Confirm proper knowledge transfer to the City teams for key processes and subject areas.
STAGE 5 Transition to Client Services
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Transfer City to Client
Services and review
issue reporting and
resolution processes
I I A I I R I I C C C
Review long term
maintenance and
continuous
improvement
A R C C C
Inputs Open item/issues List
Outputs /
Deliverables
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.
STAGE 5 Post Go-Live Activities
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Schedule contracted
activities that are
planned for delivery
after go-live
A R C C C C I C C I C C
Determine resolution
plan in preparation for
phase or project close
out
A R C C C I C C I C
Inputs List of post Go-Live activities
Outputs /
Deliverables
Acceptance Criteria [only] for
Deliverables
Updated issues log
Work package assumptions:
System is being used in a live production state.
Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance. Converted data is available in production environment.
Production Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Go-Live activities defined in the Go-Live action plan completed. Client services support document is provided.
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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Phase Closeout
This work package represents Phase completion and signals the conclusion of implementation activities for the Phase. The Tyler Client Services team will assume ongoing support of the City for systems implemented in the Phase.
Objectives:
Agreement from Tyler and the City teams that activities within this phase are complete.
STAGE 6 Phase Close Out
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Reconcile project budget
and status of contract
Deliverables
I A R I I C
Hold post phase review
meeting A R C C C C C C C C C
Release phase-
dependent 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
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Work package assumptions:
Tyler deliverables for the phase have been completed.
Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time the City may choose to begin working with Client Services to look at continuous improvement Projects, building on the completed solution.
Objectives:
Confirm no critical issues remain for the project teams to resolve. Determine proper knowledge transfer to the City teams for key processes and subject areas has occurred.
Verify all deliverables included in the Agreement are delivered.
STAGE 6 Project Close Out
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
U )
Department Heads
End Users
Technical Leads
Conduct post project
review A R C C C C C C C C C
Deliver post project
report to City and Tyler
leadership
I A R I I C
Release Tyler project
resources A R I I
Inputs Contract
Statement of Work
Outputs /
Deliverables
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.
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No critical project issues remain that have not been documented and assigned. Final project budget has been reconciled and invoiced. All Tyler deliverables have been completed.
Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
Post Project Report.
Close Stage Acceptance Criteria:
Completed report indicating all Project deliverables and milestones have been completed.
General Assumptions
Tyler and the City will use this SOW as a guide for managing the implementation of the Tyler Project as provided and described in the Agreement. There are a few assumptions which, when acknowledged and adhered to, will support a successful implementation. Assumptions related to specific work packages are documented throughout the SOW. Included here are general assumptions which should be considered throughout the overall implementation process.
Project
Project activities will begin after the Agreement has been fully executed. The City 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.
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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.)
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Facilities
The City will provide dedicated space for Tyler staff to work with City resources for both on-site and remote sessions. If Phases overlap, City will provide multiple training facilities to allow for independent sessions scheduling without conflict.
The City will provide staff with a location to practice what they have learned without distraction.
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Glossary
Word or Term Definition
Acceptance Confirming that the output or deliverable is suitable and conforms to the agreed upon criteria.
Accountable The one who ultimately ensures a task or deliverable is completed; the one who ensures the prerequisites of the task are met and who delegates the work to those responsible. [Also see RACI]
Application A computer program designed to perform a group of coordinated functions, tasks, or activities for the benefit of the user.
Application Programming Interface (API) A defined set of tools/methods to pass data to and received data from Tyler software products
Agreement This executed legal contract that defines the products and services to be implemented or performed.
Business Process The practices, policy, procedure, guidelines, or functionality that the client uses to complete a specific job function.
Business Requirements Document A specification document used to describe Client requirements for contracted software modifications.
Change Request A form used as part of the Change Control process whereby changes in the scope of work, timeline, resources, and/or budget are documented and agreed upon by participating parties.
Change Management Guides how we prepare, equip and support individuals to successfully adopt change in order to drive organizational success & outcomes
Code Mapping [where applicable] An activity that occurs during the data conversion process whereby users equate data (field level) values from the old system to the values available in the new system. These may be one to one or many to one. Example: Old System [Field = eye color] [values = BL, Blu, Blue] maps to New Tyler System [Field = Eye Color] [value = Blue].
Consulted Those whose opinions are sought, typically subject matter experts, and with whom there is two-way communication. [Also see RACI]
Control Point This activity occurs at the end of each stage and serves as a formal and intentional opportunity to review stage deliverables and required acceptance criteria for the stage have been met.
Data Mapping [where applicable] The activity determining and documenting where data from the legacy system will be placed in the new system; this typically involves prior data analysis to understand how the data is currently used in the legacy system and how it will be used in the new system.
Deliverable A verifiable document or service produced as part of the Project, as defined in the work packages.
Go-Live The point in time when the Client is using the Tyler software to conduct daily operations in Production.
Informed Those who are kept up-to-date on progress, often only on completion of the task or deliverable, and with whom there is just one-way communication. [Also see RACI]
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Infrastructure The composite hardware, network resources and services required for the existence, operation, and management of the Tyler software.
Interface A connection to and potential exchange of data with an external system or application. Interfaces may be one way, with data leaving the Tyler system to another system or data entering Tyler from another system, or they may be bi-directional with data both leaving and entering Tyler and another system.
Integration A standard exchange or sharing of common data within the Tyler system or between Tyler applications
Legacy System The software from which a client is converting.
Modification Custom enhancement of Tyler’s existing software to provide features or functions to meet individual client requirements documented within the scope of the Agreement.
On-site Indicates the work location is at one or more of the client’s physical office or work environments.
Organizational Change The process of changing an organization's strategies, processes, procedures, technologies, and culture, as well as the effect of such changes on the organization.
Output A product, result or service generated by a process.
Peripheral devices An auxiliary device that connects to and works with the computer in some way. Some examples: scanner, digital camera, printer.
Phase A portion of the Project in which specific set of related applications are typically implemented. Phases each have an independent start, Go-Live and closure dates but use the same Implementation Plans as other Phases of the Project. Phases may overlap or be sequential and may have different Tyler resources assigned.
Project The delivery of the software and services per the agreement and the Statement of Work. A Project may be broken down into multiple Phases.
RACI A matrix describing the level of participation by various roles in completing tasks or Deliverables for a Project or process.
Individuals or groups are assigned one and only one of the following roles for a given task: Responsible (R), Accountable (A), Consulted (C), or Informed (I).
Remote Indicates the work location is at one or more of Tyler’s physical offices or work environments.
Responsible Those who ensure a task is completed, either by themselves or delegating to another resource. [Also see RACI]
Scope Products and services that are included in the Agreement.
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Solution The implementation of the contracted software product(s) resulting in the connected system allowing users to meet Project goals and gain anticipated efficiencies.
Stage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project.
Standard Software functionality that is included in the base software (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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Part 4: Appendices
Conversion
Enterprise ERP Conversion Summary
Accounting
Accounting - Actuals
Summary account balances
Up to 5 years
Accounting - Budgets
Original budget, budget adjustments, revised budget summaries for accounts Up to 5 years
Accounts Payable
Vendors
Vendor Master file including names, addresses, SSN/FID, contacts, phone numbers Multiple remittance addresses
Year-to-date 1099 amounts
Accounts Payable - Checks
Check header data including vendor, warrant, check number, check date, overall check amount, GL cash account and clearing information
Check detail data including related document and invoice numbers for each check Up to 5 years
Accounts Payable - Invoices
Invoice header data containing general information for the invoice Invoice detail data containing line-specific information for the invoice Up to 5 years
Purchase Orders
Open purchase orders header data including vendor, buyer, date, accounting information, etc. Open purchase orders detail data including line-item descriptions, quantities, amounts, etc. Closed purchase orders detail data, up to 5 years, including line-item descriptions, quantities, amounts, etc.
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Human Resources Management
HRM Employee Master Information
Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), e- address, marital status, gender, race, personnel status (such as full-time, part-time, etc.), highest degree, advice-delivery (print/email/both) and check location, plus primary group, job, location, and account information
Accumulators
YTD, QTD, MTD amounts for employee pay and deductions Needed for mid-calendar-year go-live
May not be needed if converting earnings/deductions history Up to 5 years
Accumulators are converted with check history and earning/deduction history as a default. No accumulator files are necessary to submit when converting history.
Check History
Up to 5 years, additional years must be quoted. We convert amounts for earnings and deductions in employee check history, check number and date.
Earning/Deduction Hist.
Up to 5 years, additional years must be quoted. Earning and deduction history broken down my individual codes (earnings and deduction) and amounts per pay period, the detail of these lines, sums the check history in opt 4.
Personnel Action History
A variety of Personnel actions, such as job or salary changes and dates these events occurred. Up to 5 years
Certifications
Certification area and certification type codes, certification number and effective date, expiration date, and required-by date, codes for certification level and subjects Education
Codes, for institution, type of degree, and area(s) of study General Billing
Customer Master Files
Customer information
General Billing – Recurring Invoices
General Billing Invoices that are sent on a regular basis
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Header records with general information about the invoice Detail records with line-specific information
General Billing – Bills
5 years of open and closed invoices
General Ledger information so open invoices can be processed in Enterprise ERP
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Additional Appendices
This work package is not applicable.
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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 ERP 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
1 Financials
• Accounting
• Accounts Payable
• Assets Mobile
• Bid Management
• Budgeting
• Capital Assets
• Cash Management
• Contract Management
• eProcurement
• Project & Grant Accounting
• Purchasing
• Accounts Receivable
• General Billing
• Cashiering
12 Months
or as defined in the Project Plan
and mutually agreed upon
Average Days/Month: 6
System Wide • Analytics & Reporting w
Executive Insights
• Enterprise Forms
• Content Manager Core
2 Human Resources
Management
• Payroll with Employee
Access
• Human Resources & Talent
Management
• Time and attendance
w/Mobile Access
12 Months
or as defined in the Project Plan
and mutually agreed upon
Average Days/Month: 3
This work package is not applicable.
Page | 1
STAFF REPORT
DATE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER / COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 15.F
PROFESSIONAL SERVICES AGREEMENTS WITH RSG, INC. FOR
ECONOMIC DEVELOPMENT ADVISORY SERVICES- ECONOMIC
DEVELOPMENT PLAN AND PROPERTY INVENTORY STRATEGIC
PLAN
RECOMMENDATION
T
hat the City Council approve the following Agreements:
1. AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND RSG, INC., FOR THREE YEAR ECONOMIC
DEVELOPMENT PLAN; AND
2. AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND RSG, INC., FOR PROFESSIONAL SERVICES
FOR PROPERTY INVENTORY STRATEGIC PLAN
BACKGROUND
Staff is recommending approval of two Professional Services Agreements with RSG, Inc. for the development of a citywide Economic Development Strategic Plan and a Property Inventory Strategic Plan. The Economic Deve lopment Strategic Plan will help guide the City’s business attraction, development, retention, expansion, and resiliency efforts. The Property Inventory Plan will develop a matrix on all City owned properties to gain a better understanding of the City’s existing real property assets and how they are used in City operations.
Economic Development Strategic Plan
Development of the Economic Development Strategic Plan will consist of community engagement across a variety of platforms and tools, understanding and evaluation of the City`s demographics, economic indicators, and industry trends in local, regional, state, and
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national economies, and a market analysis of the City of Jurupa Valley that identifies opportunities for business growth. The Economic Development Strategic Plan will identify partners, business resources and programs, and potential funding mechanisms to support the implementation of the identified goals and objectives. Proposed economic development goals and objectives will be clearly defined with tactical steps and recommendations on how to best achieve desired results.
RSG’s Economic Development Strategic Plan work program entails four key components:
1) understanding current activities and the aspirations of the City relative budget commitments; 2) market insights; 3) a multifaceted engagement program; and 4) creation of the strategic plan. Below is a summary of the four phases of plan development:
x Phase 1: Kickoff and Organizational Assessment- RSG will research current activities of the city, staff/time and financial commitments, peer/aspirational programs, and develop understanding of ability of City and overall effectiveness. x Phase 2: Market Insight- RSG will research context of the greater economic development investments happening in the region to see where there may be opportunities to use and align to market conditions and County/state program goals. x Phase 3: Engagement- RSG will collect insight from knowledgeable leaders among the resident and business community to understand what type of actions are needed to support small business, new businesses, and the workforce as well as the City’s tax base.
x Phase 4: Create Economic Development Plan- RSG will create a draft and final visually engaging plan for City Council approval, after sharing initial findings and recommendations with staff. The plan will include the following:
o Ongoing project management, including up to three virtual project check-ins with the client as desired.
o Formulation of specific goals and actions for economic development within the City’s prescribed budget and staffing goals.
o Draft the strategic plan, including any pertinent key performance indicators and checklists for actions, and share with staff for one round of review and edits. The draft will be designed in collaboration with our graphic design team using media content supplied by the City (e.g. logo, images, design guidelines).
o Presentation of the Economic Development Plan at a City Council meeting, including preparation of a PowerPoint presentation summarizing the process used to arrive at the plan’s goals.
o Implementation activities consisting of an in-person roll out presentation to City departments (“we are all economic developers”) and content updates for the City’s website.
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Property Inventory Strategic Plan
RSG’s Property Inventory Strategic Plan work program includes five phases: 1) data collection; 2) City department interviews; 3) working products: 4) property inventory strategic plan: and 5) Implementation. Below is a summary of the four phases of plan development:
x Phase 1: Data Collection- RSG has received and reviewed the City’s Properties List. RSG will compile any information available through Costar, ParcelQuest, and the Riverside County Tax Roll. After compiling information from these data sources, RSG and the City will review and discuss any discrepancies between the City’s Properties List and other data sources.
x Phase 2: City Department Interviews and Review City Documents- RSG will meet with each City department engaged in acquisitions, dispositions, construction, development, or property management to gain a better understanding of the City’s existing real property assets and how they are used in City operations. x Phase 3: Working Products and Preliminary Recommendations- RSG will combine information collected from the City’s Properties List, third party data sources, and the department interviews in a combined working matrix. RSG will use the working matrix to develop preliminary recommendations. x Phase 4: Property Inventory Strategic Plan- RSG will work with City staff to determine the optimal format for the Property Inventory Strategic Plan. x Phase 5: Implementation of Plan- Implementation of a strategic plan is arguably the most important part. RSG is a licensed Commercial Real Estate Brokerage with the California Department of Real Estate (DRE Corporate 01930929), and has experience assisting public agencies with property acquisitions, residential and commercial tenant relocation, dispositions, and other strategies aimed at taking advantage of opportunities presented by an agency’s real property assets.
ANALYSIS
RSG has prepared numerous Economic Development Strategic Plans for municipalities statewide including the cities of Corona, Belmont, Irwindale, and South Gate. Referenced cities described RSG as a valuable partner in their strategic planning endeavors and shared the firm has a very thoughtful and creative approach to engaging stakeholders and community members. Multiple cities shared their respective cities are benefitting from the long-term vision created by RSG in their strategic plans.
If approved by the City Council, the term of the agreement would be for a year, with RSG anticipating to complete the Economic Development Strategic and Property Inventory Plans by the end of the 2024-2025 Fiscal Year.
FINANCIAL IMPACT
Funds for the both Agreements with RSG, Inc. were included in the FY 2024-25 Community Development, Ec onomic Development Divisi on budge t for professional services; $75,000 was budgeted for an Economic Development Strategic Plan and
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AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND RSG, INC. FOR PROPERTY INVENTORY STRATEGIC PLAN
THIS AGREEMENT is made and effective as of November 7, 2024, between the City of Jurupa Valley (“City”) and RSG Inc., a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on November 7, 2024, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than November 7, 2025 unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. Performance
Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed fifty thousand dollars ($50,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
C. Consultant shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it
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shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or their delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities
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related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling , transferring and printing computer files.
8. Indemnification
Consultant shall defend, hold harmless and indemnify the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
9. Insurance Requirements
A. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
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c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. d) Professional liability insurance shall be written on a policy form providing professional liability for the Consultant’s profession. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate. 3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in their sole discretion.
B. O ther Insurance Provisions . The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
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3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.
C. First Dollar Coverage. All policies required of Consultant must be written on a first-dollar coverage basis.
D. N o Subrogation. All policies shall prohibit subrogation against the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials.
E. A
cceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.
F. V erification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by or acceptable to the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
G. M
odifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
10. I
ndependent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
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of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
12. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
13. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.
14. General Provisions
A. Notices
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Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite
Jurupa Valley, CA 92509
Attention: City Manager
To Consultant: RSG, Inc.
17872 Gillette Ave.
Irvine, Ca. 92614
Attention: James Simon, President
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. G
overning Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
E. Ent
ire Agreement . This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All
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prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. A uthority To Execute This Agreement . The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF JURUPA VALLEY
Rod B. Butler, City Manager
ATTEST:
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
CONSULTANT
RSG, INC.
By: _____________________________
Name: James Simon
Title: President
By: _____________________________
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Name: Tara Matthews
Title: Vice President
[NOTE: If Consultant is a corporation, the corporation must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation's "Operational Group" (Chair of the Board, President, or a Vice-President) and; (B) one from the corporation's "Financial Group" (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). See California Corporations Code section 313. A corporate resolution designating an individual officer to execute agreements on behalf of the corporation will be accepted. If the Consultant is a limited liability company, then the managing member shall represent the Consultant and execute the Agreement on behalf of the limited liability company. If the Consultant is a partnership, the managing partner shall execute the Agreement on behalf of the partnership.]
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EXHIBIT A
SCOPE OF SERVICES AND FEE SCHEDULE
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120
STAFF REPORT
DATE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 15.G
AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
STORM WATER INSPECTION & MAINTENANCE SERVICES, INC.
FOR THE INSTALLATION OF CERTIFIED FULL CAPTURE SYSTEM
TRASH TREATMENT CONTROL DEVICES
RE
COMMENDATION
1) That the City Council approve the Agreement between the City of Jurupa Valley and Storm Water Inspection & Maintenance Services, Inc. (“SWIMS”), for an amount not to exceed $268,650.00 and authorize the City Manager to execute the agreement in substantially the form and format attached and as approved by the City Attorney.
2) Authorize the Finance Director to make appropriate budget adjustments as needed.
BACKGROUND
On April 7, 2015, the State Water Resources Control Board (“SWRCB”) adopted statewide Trash Provisions to two (2) of their Water Quality Control Plans: Ocean Waters of California Plan and the Inland Surface Waters Plan. These provisions are referred to as Trash Amendments and are directed to Phase I and Phase II MS4 permittees who retain regulatory authority over Priority Land Uses.
Priority Land Uses are developed sites that include: High Density Residential (10 or more Dwelling Units/Acre), Industrial, Commercial, Mixed Urban, Public Transportation Stations and Stops, Alternative Areas determined by the Permittees, and other Areas Determined by the State.
The Trash Amendments require MS4 permittees, such as the City of Jurupa Valley, to select one of two available methods to satisfy compliance with the trash prohibitions.
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x Track 1 – Install, operate, and maintain Full Capture Systems (“FCS”) for all storm drains that capture runoff, or;
x Track 2 – Install, operate, and maintain any combination of FCS, multi-benefit projects, other treatment controls, and/or institutional controls within either the jurisdiction of the MS4 permittee or within the jurisdiction of the MS4 permittee and contiguous MS4 permittees.
On June 2, 2017, the City received a Water Code Section 13383 Order requiring the City to make a selection between the two tracks. On August 31, 2017, the City selected Track 1 (Attachment B) which requires the installation and maintenance of FCS for all storm drains that capture runoff from the priority land uses in their jurisdictions.
FCS are installed in individual storm catch basins to capture trash as it enters the catch basin and prevent the trash from flowing through the storm drain system into local receiving waters. Trapped sediment and debris must be removed periodically either manually or by vacuum truck. To date, the City has installed 215 FCS, primarily in the industrial region and major arterials in the City. To satisfy compliance with the Trash Amendments, the City will need to install FCS at all priority land uses by December 2030.
On September 10, 2024, Staff published a Request for Proposals (“RFP”) for Certified Full Capture System Trash Treatment Control Devices. The RFP was published on the City’s PlanetBids portal, a web based procurement system. The scope of work included installing 70 FCS throughout the City and 800 storm drain cleanings at specified locations.
Public Works staff identified the 70 storm drain locations based on the 506 Priority Land Use locations that were previously identified. The solicitation closed on October 1, 2024 and the City received two (2) responsive proposals.
ANALYSIS
Proposals received by the City (in alphabetical order):
Proposer Total Amount
1. Downstream Services, Inc
x Installation of 70 FCS
x Storm Drain Cleaning at 800 Locations
$157,570.00
$288,800.00
2. Storm Water Inspection & Maintenance Services,
Inc., Discovery Bay, CA
x Installation of 70 FCS
x Storm Drain Cleaning at 800 Locations
$118,650.00*
$224,000*
* Recommended Proposal: The initial bid for storm drain cleaning at 800 locations was quoted at $224,000. However, negotiations reduced the price from $280.00 per location to $230.00. This adjustment was made under the condition that the contractor would not Page | 3
exceed a total cost of $150,000.00 and would clean 652 storm drains. The reduction in the number of storm drain cleanings was directly linked to the limited availability of funds allocated for this purpose.
Public Works staff reviewed the proposals per guidelines as set forth in the RFP and Storm Water Inspection & Maintenance Services, Inc. (“SWIMS”), is the best-qualified proposer. SWIMS proposed installation of StormTek devices are certified by the Santa Ana Regional Water Quality Control Board (“SARWQCB”). These devices are high performing and can capture trash as small as five millimeters in diameter. The StormTek FCS attaches to the existing catch basin wall in front of the outflow pipe and can be easily removed by detaching the FCS from the hinges for thorough cleaning. Removing the built- up trash in the device can be performed using standard storm water cleaning equipment.
The devices are built to last decades and surpass rigorous state and federal regulations including access for mosquito and vector control.
SWIMS has been in business for over 24 years and has contracts with local municipalities such as the Cities of Ventura, Milpitas, and Sunnyvale. If approved, SWIMS will install the devices in accordance with unit prices established in the Agreement. City staff will inspect and supervise the installation of all FCS devices. Work is anticipated to be completed by June 2025.
FINANCIAL IMPACT
The proposed Agreement calls for a not-to-exceed amount of $118,650.00 for the installation of the FCS and $150,000.00 for the cleaning of 652 storm drains through the term of the Agreement. This item is budgeted in the Public Works Engineering budget, Account No. 100-1320-54110.
ALTERNATIVES
Decline to approve the proposed agreement and
provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE ****************************
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STAFF REPORT
DATE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER/COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 15.H
AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
NORTHTOWNHOUSING DEVELOPMENT CORPORATION FOR THE
COMPLETION OF OFF -SITE CAP ITAL IMPROVEMENTS FOR
RUBIDOUX GATEWAY VILLAS FUNDED BY THE AMERICAN RESCUE
PLAN ACT
RECOMMENDATION
1) That the City Council adopt Resolution No. 2024-116, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING THAT CERTAIN AGREEMENT ENTITLED “LOAN AGREEMENT”
BETWEEN THE CITY OF JURUPA VALLEY AND NORTHTOWN HOUSING DEVELOPMENT CORPORATION” PROVIDING $990,000 OF AMERICAN
RESCUE PLAN ACT FUNDS FOR PUBLIC IMPROVEMENTS FOR ITS
AFFORDABLE HOUSING PROJECT LOCATED AT MISSION BOULEVARD
AND CRESTMORE ROAD AND DETERMINING THAT THE AGREEMENT IS EXEMPT FROM CEQA UNDER SECTIONS 15061(B)(3) OF THE CEQA
GUIDELINES
BACKGROUND
On June 27, 2024, the City Council selected Northtown for an award of $990,000 in ARPA funds to complete off-site capital improvements for the Rubidoux Gateway Villas project, authorized the City Manager and/or designee to enter contract/agreement negotiations with Northtown, and directed staff to place a contract/agreement with Northtown on a future Council agend a. In addition, the City Council authorized the Finance Director to approve any necessary budget adjustments.
Northtown’s application requested funding for off-site improvements on Crestmore Road including removal of a portion of the existing AC pavement along property frontage,
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installation of driveway approaches, sidewalks, curbs and gutters, street trees with landscaping and new curb inlets for storm drains, and new 3” AC pavement over 6” crushed aggregate base per City standards to match existing pavement with painting and striping as needed for widening roadway. The estimated cost of the above improvements totals $1,095,420 as outlined in Exhibit B of the loan agreement.
ANALYSIS
As ARPA is the funding source, the funds must be committed by December 31, 2024, and expended by December 31, 2026 . The Agreement with Northtown specifies the off - site capital improvements that will be completed with the funding by the above deadlines, as well as provisions related to failure to complete capital improvements in a timely manner.
The development consists of 57 units, 27 of which w ill be designated affordable. All affordable units will be rented to residents with incomes between 30% and 60% of the County Average Median Income (AMI). The affordable units will consist of the following:
Bedroom Count ≤ 30% AMI 31%-60% AMI
Total
Affordable
Units
Two-Bedroom 4 6 10
Three-Bedroom 3 10 13
Four-Bedroom 1 3 4
Total 8 19 27
Rubidoux Gateway Villas received City Council approval for its entitlements in November 2020. The revised proposal listed the following development timeline subject to funding availability:
June 2024 - Plan Approval
February 2026 - Start Construction
June 2026 – Completion of ARPA funded Offsite Capital Improvements June 2027 – Construction Complete
September 2027- Occupancy
Page | 3
The completion timeline has been adjusted from the previously submitted schedule due to project funding delays. Northtown is currently awaiting tax credit allocations expected in spring 2025, which has impacted the initial project completion timeline. Additionally, the number of affordable units specified in the loan agreement is limited to no more than 49% of the project (27 units) in accordance with Article 34 of the California Constitution.
FINANCIAL IMPACT
Funding for this award, $990,000, is included in the City’s ARPA Expenditure Plan adopted by the City Council on August 18, 2022. If approved, funding will be appropriated from Federal ARPA Funds Account 2520.
ALTERNATIVES
1. Recommended Action : That the City Council approve the agreement by and between the City of Jurupa Valley Select Northtown Housing Development Corporation (Northtown) for an award of $990,000 in American Rescue Plan Act (ARPA) funds to complete off-site capital improvements for the Rubidoux Gateway Villas project and authorize the City Manager to execute the Agreement.
2. Defer action and provide alternate direction to Staff.
************************* SIGNATURES ON FOLLOWING PAGE **************************
Page | 1
STAFF REPORT
DA
TE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS / CITY ENGINEER SUBJECT: AGENDA ITEM NO. 15.I
AWARD CONSTRUCTION CONTRACT TO HARDY & HARPER INC. FOR
2023-2024 CDBG GLEN AVON AREA PAVEMENT REHABILITATION (CIP #23102)
APPROVE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY
AND TKE ENGINEERING, INC. FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE GLEN AVON PAVEMENT REHABILITATIION
PROJECT (CIP #23102)
APPROVE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY
AND GEO-ADVANTEC, INC. FOR MATERIAL TESTING SERVICES FOR
THE GLEN AVON PAVEMENT REHABILITATION PROJECT (CIP
#23102)
RE
COMMENDATION
1. That the City Council award a construction contract to Hardy & Harper Inc. in the amount of $788,775.00 for the 2023-2024 CDBG Glen Avon Area Pavement Rehabilitation Project (CIP #23102), and authorize the City Manager to execute the Agreement in the form attached hereto; and
2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with Hardy & Harper Inc., and up to 10% of the bid amount as contingency to cover the cost of any unforeseen conditions; and
3. That the City Council approve the Agreement between the City of Jurupa Valley and
TKE Engineering, Inc. for Construction Management Services for a not to exceed amount of $74,881 for the 2023-2024 CDBG Glen Avon Area Pavement Rehabilitation Project (CIP #23102); and
RETURN TO AGENDA
Page | 2
4. Approve the agreement between the City of Jurupa Valley and Geo-Advantec, Inc. for Material Testing Services for an amount not to exceed $14,880.00 for the 2023- 2024 CDBG Glen Avon Area Pavement Rehabilitation Project (CIP #23102); and
5. Re-appropriate $273,444.50 of Measure A funds from the City’s Old Mira Loma Pavement Rehab Ph 2, Account No.210.2100.71404, to the Project Account; and
6. Authorize the Finance Director to make appropriate budget adjustments as needed; and authorize the City Manager to execute the agreements in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
On June 27, 2024, the City Council approved the five-year Capital Improvement Program (“CIP”), which includes 60 projects throughout the City of Jurupa Valley. The Approval
capital budget for Fiscal Year 2024-2025 consists of 34 projects totaling approximately $67.9 million. One of the projects included in the Fiscal Year 2023-24 is the CDBG Glen Avon Area Pavement Rehabilitation (the “Project”). The Project scope consists of grinding and overlaying, slurry seal, striping, installing ADA compliant access ramps, asphalt pavement, and adjusting the manholes and water valves to grade. The street locations are as follows: Campbell Street, Hastings Boulevard, Hunter Street, Avon Street., Bellegrave Avenue, Stanton Street, Ben Nevis Boulevard, and Kenneth Street in the Glen Avon area.
The Project was evaluated in accordance with the California Environmental Quality Act (CEQA) and is categorically exempt. This finding is based on Section 15304 which covers the reconstruction or replacement of existing structures.
On July 15, 2024, a Notice Inviting Bids was published on PlanetBids, the City’s online web-based procurement and bidding system, and the local newspaper, the Press Enterprise.
The Notice Inviting Bids included two CDBG projects, 2023-2024 CDBG Glen Avon Area (CIP# 23102) and 2024-2025 CDBG Rubidoux Area (CIP# 24106) pavement rehabilitation. The two projects were bid together to incr ease efficiency. Bidders were required to include two separate bid schedules, one for each project. The basis of Bid Award is the lowest cumulative total of the bids for both the projects.
ANALYSIS
Formal bidding procedures were followed in accordance with the Public Contract Code.
Nine (9) bids were received on August 15, 2024, and bids were opened soon after 2:00 p.m. with the following results:
Bidder
Total Amount
1. Hardy & Harper, Inc, Lake Forest, CA $1,197,920.00
2. Copp Contracting, Buena Park, CA $1,296,240.00
3. RJ Noble, Orange, CA $1,348,527.50
4. All American Asphalt, Corona, CA $1,362,199.00
Page | 3
5. Vance Corp, Beaumont, CA $1,373,866.22
6. LCR Earthwork, Jurupa Valley, CA $1,384,200.00
7. Cal Mex Engineering, Bloomington, CA $1,417,380.00
8. LC Paving, Escondido, CA $1,493,995.00
9. Dash Construction, W oodland Hills, CA $1,598,172.00
All bids were reviewed for accuracy and completeness. Hardy & Harper, Inc. is the lowest responsive and responsible bidder with a bid in the amount of $1,197,920.00. Hardy & Harper, Inc. is a reputable construction company which has successfully completed public works projects in Riverside and San Bernardino counties and references were found to be satisfactory.
The base bid of $1,197,920.00 includes both CDBG projects, the bid for the 2023-2024 CDBG Glen Avon Area (CIP #23102) is $788,775.00, and the bid for 2024-2025 CDBG Rubidoux Area (CIP #24106) is $409,145.00. Although the two projects were bid together, staff is recommending the CDBG projects be awarded separately for future reporting purposes.
If approved, City Public Works/Engineering Department Staff will provide project administration and oversight. Project management and inspection services will be performed by a construction management consultant which includes monitoring compliance with contract documents, including temporary construction traffic control, preparation of monthly progress payment reports, and various administrative activities related to the project.
Staff requested informal proposals for construction management and construction inspection services. Staff received responses from two qualified firms, TKE Engineering, Inc. (“TKE”) and Z & K Consultants Inc. Staff is recommending the City Council award the contract to TKE in the amount of $74,881. TKE’s proposal is cost efficient and they are familiar with the City because of their performance on previous CIP projects such as Old Mira Loma Phase 2, Van Buren Phase 3, the Citywide Guardrail Project, and the City Pavement Rehabilitation (ARPA). TKE is a California based firm with 24 years of experience and is a full-service engineering firm with over 50 employees. They are well- established in providing technical expertise in development review, construction management, design, and other engineering duties.
Anticipating the Department’s needs for mate rial testing for the Projects, Staff also requested a proposal from Geo-Advantec, Inc. (“Geo-Advantec”). Geo-Advantec is a well- regarded firm with extensive experience in material testing for municipal projects. Staff is recommending the City Council award the contract to Geo-Advantec, Inc. in the amount of $14,880. The firm recently provided materials testing for the City’s Mission Boulevard and Limonite Improvements project and the proposal submitted by the firm was just and reasonable.
Per Section 3.15.100 of the Jurupa Valley Municipal Code, professional services are defined as those provided by specially trained and experienced firms in fields such as accounting, engineering, finance, and planning. The City Council awards these services Page | 4
based on demonstrated competence, qualifications, and the fairness and reasonableness of service costs to the City, not solely on cost.
The total approved CIP budget for the 2023-2024 CDBG Glen Avon Area Pavement Rehabilitation project is $683,969 and is funded by CDBG, Account No. 240-2400-71429.
The budgeted funds are not sufficient to cover the cost of construction and support services. Staff is requesting that the City Council allocate additional funding from Measure A by re-appropriating $273,444.50 from the City’s Old Mira Loma Pavement Rehabilitation Phase 2, Account No. 210-2100-71404, to bring the total project budget to $957,413.50.
The Agreement with TKE Engineering, Inc. has a not-to-exceed amount of $74,881.00.
The Agreement with Geo-Advantec, Inc. has a not-to-exceed amount of $14,880.00.
The total project costs are as follows:
Construction $788,775.00
Contingency (10%) $78,877.50
Construction Management $74,881.00
Materials Testing $14,880.00
Total $957,413.50
FINANCIAL IMPACT
The total approved CIP budget for the 2023-2024 CDBG Glen Avon Area Pavement Rehabilitation project is $683,969 and is funded by CDBG, account number 240-2400- 71429. Staff is requesting that the City Council allocate additional funding from Measure A by re-appropriating $273,444.50 from the City’s Old Mira Loma Pavement Rehabilitation Phase 2, Account No. 210-2100-71404, to bring the total project budget to $957,413.50.
ALTERNATIVES
1. Do not approve Agreement and related actions.
2. Provide alternative direction to Staff.
************************ SIGNATURES ON FOLLOWING PAGE *************************
Page | 1
STAFF REPORT
DAT
E: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
PAUL TOOR, DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 15.J
AWARD CONSTRUCTION CONTRACT TO HARDY & HARPER INC. FOR
2024-2025 CDBG RUBIDOUX AREA PAVEMENT REHABILITATION
PROJECT, (CIP #24106)
APPROVE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY
AND TKE ENGINEERING, INC. FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE RUBIDOUX AREA PAVEMENT REHABILITATIION PROJECT (CIP #24106)
APPROVE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY
AND GEO-ADVANTEC, INC. FOR MATERIAL TESTING SERVICES FOR
THE RUBIDOUX AREA PAVEMENT REHABILITATION PROJECT (CIP
#24106)
RECOMME
NDATION
1. That the City Council award a construction contract to Hardy & Harper Inc. in the amount of $409,145.00 for the 2024-2025 CDBG Rubidoux Area Pavement Rehabilitation Project (CIP # 24106), for the work included in its bid proposal and authorize the City Manager to execute the Agreement in the form attached hereto; and
2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with Hardy & Harper Inc., and up to 10% of the bid amount as contingency to cover the cost of any unforeseen conditions; and
3. That the City Council approve the Agreement between the City of Jurupa Valley and T
KE Engineering, Inc. for Construction Management Services for a not to exceed amount of $36,057 for the 2024-2025 CDBG Rubidoux Area Pavement Rehabilitation Project (CIP # 24106); and
RETURN TO AGENDA
Page | 2
4. Approve the agreement between the City of Jurupa Valley and Geo-Advantec, Inc. for Material Testing Services for an amount not to exceed $10,600.00 for the 2024- 2025 CDBG Rubidoux Area Pavement Rehabilitation Project (CIP # 24106); and
5. Authorize the Finance Director to make appropriate budget adjustments as needed; and authorize the City Manager to execute the agreements in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
On June 27, 2024, the City Council approved the five-year Capital Improvement Program (“CIP”), which includes 60 projects throughout the City of Jurupa Valley. The approval of capital budget for Fiscal Year 2024-2025 consists of 34 projects totaling approximately $67.9 million. One of the projects included in the Fiscal Year 2024-2025 CDBG Rubidoux Area Pavement Rehabilitation Project (the “Projects”). The Project scope consists of grinding and overlaying , slurry seal, striping, installin g ADA compliant access ramps, asphalt pavement, and adjusting the manholes and water valves to grade. The street locations are as follows: Carrera Court, Mustang Lane, La Rue Street, Antonia Place, Samantha Place, Rebecca Street, Jennie Street, Patty Street, 36th Street, Grandview Avenue, Riverview Drive, Smith Street, and Avalon Street in the Rubidoux area.
The Project was evaluated in accordance with the California Environmental Quality Act (CEQA) and is categorically exempt. This finding is based on Section 15304 which covers the reconstruction or replacement of existing structures.
On July 15, 2024, a Notice Inviting Bids was published on PlanetBids, the City’s online web-based procurement and bidding system, and the local newspaper, the Press Enterprise.
The Notice Inviting Bids included two CDBG projects, 2023-2024 CDBG Glen Avon Area (CIP# 23102) and 2024-2025 CDBG Rubidoux Area (CIP# 24106) pavement rehabilitation. The two projects were bid together to incr ease efficiency. Bidders were required to include two separate bid schedules, one for each project. The basis of Bid Award is the lowest cumulative total of the bids for both the projects.
ANALYSIS
Formal bidding procedures were followed in accordance with the Public Contract Code.
Nine (9) bids were received on August 15, 2024, and bids were opened soon after 2:00 p.m. with the following results:
Bidder
Total Amount
1. Hardy & Harper, Inc., Lake Forest, CA $1,197,920.00
2. Copp Contracting, Buena Park, CA $1,296,240.00
3. RJ Noble, Orange, CA $1,348,527.50
4. All American Asphalt, Corona, CA $1,362,199.00
5. Vance Corp, Beaumont, CA $1,373,866.22
6. LCR Earthwork, Jurupa Valley, CA $1,384,200.00
Page | 3
7. Cal Mex Engineering, Bloomington, CA $1,417,380.00
8. LC Paving, Escondido, CA $1,493,995.00
9. Dash Construction, Woodland Hills, CA $1,598,172.00
All bids were reviewed for accuracy and completeness. Hardy & Harper, Inc. is the lowest responsive and responsible bidder with a bid in the amount of $1,197,920.00. Hardy & Harper, Inc. is a reputable construction company who has successfully completed public works projects in Riverside and San Bernardino counties and references were found to be satisfactory.
The base bid of $1,197,920.00 includes both CDBG projects, the bid for the 2023-2024 CDBG Glen Avon Area (CIP #23102) is $788,775.00, and the bid for 2024-2025 CDBG Rubidoux Area (CIP #24106) is $409,145.00. Although the two projects were bid together, staff is recommending the CDBG projects be awarded separately for future reporting purposes.
If approved, City Public Works/Engineering Department Staff will provide project administration and oversight. Project management and inspection services will be performed by a construction management consultant which includes monitoring compliance with contract documents, including temporary construction traffic control, preparation of monthly progress payment reports, and various administrative activities related to the project.
Staff requested informal proposals for construction management and construction inspection services. Staff received responses from two qualified firms, TKE Engineering, Inc. (“TKE”) and Z & K Consultants Inc. Staff is recommending the City Council award the contract to TKE in the amount of $36,057. TKE’s proposal is cost efficient and they are familiar with the City because of their performance on previous CIP projects such as Old Mira Loma Phase 2, Van Buren Phase 3, the Citywide Guardrail Project, and the City Pavement Rehabilitation (ARPA). TKE is a California based firm with 24 years of experience and is a full-service engineering firm with over 50 employees. They are well- established in providing technical expertise in development review, construction management, design, and other engineering duties.
Anticipating the Department’s needs for mate rial testing for the Projects, Staff also requested a proposal from Geo-Advantec, Inc. (“Geo-Advantec”). Geo-Advantec is a well- regarded firm with extensive experience in material testing for municipal projects. Staff is recommending the City Council award the contract to Geo-Advantec, Inc. in the amount of $10,600. The firm recently provided materials testing for the City’s Mission Boulevard and Limonite Improvements project and the proposal submitted by the firm was just and reasonable.
Per Section 3.15.100 of the Jurupa Valley Municipal Code, professional services are defined as those provided by specially trained and experienced firms in fields such as accounting, engineering, finance, and planning. The City Council awards these services based on demonstrated competence, qualifications, and the fairness and reasonableness of service costs to the City, not solely on cost.
Page | 4
The total approved CIP budget for the 2024-2025 CDBG Rubidoux Area Pavement Rehabilitation project is $650,000 and is funded by CDBG, account number 240-2400- 71438. The budgeted funds are sufficient to cover the cost of construction and support services. The Agreement with TKE Engineering, Inc. has a not-to-exceed amount of $36,057. The Agreement with Geo-Advantec, Inc. has a not-to-exceed amount of $10,600.
The total project costs are as follows:
Construction $409,145.00
Contingency (10%) $40,915.00
Construction Management $36,057.00
Materials Testing $10,600.00
Total $496,717.00
FINANCIAL IMPACT
The total approved CIP budget for the 2024-2025 CDBG Rubidoux Area Pavement Rehabilitation project is $650,000 and is funded by CDBG, Account No. 240-2400-71438.
ALTERNATIVES
1. Do not approve Agreement and related actions.
2. Provide alternative direction to Staff.
************************ SIGNATURES ON FOLLOWING PAGE *************************
Pa
ge | 1
STAFF REPORT
DATE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD B. BUTLER, CITY MANAGER
BY: MICHAEL FLAD, ASSISTANT CITY MANAGER
SUBJECT: AGENDA ITEM NO. 15.K
APPROVAL OF NEW CLASSIFICATION; DEPUTY DIRECTOR OF
PUBLIC WORKS OPERATIONS, AUTHORIZATION OF ONE
ADDITIONAL FTE FOR THE CLASSIFICATION OF DEPTY DIRECTOR
OF PUBLIC WORKS/ASSISTANT CITY ENGINEER, AND
AMENDMENT OF FY 2024-25 AUTHORIZED POSITION LISTING
RE
COMMENDATION
1) That the City Council approve and adopt a new classification for the Public Works Operations Manager to Deputy Director of Public Works Operations, range 162, $149,757.32 - $200,689.13.
2) Authorize (1) additional FTE in FY 2024-25 for the classification of Deputy Director of Public Works/Assistant City Engineer, range 162, $149,757.32 - $200,689.13.
3) Authorize the City Manager, or designee, to execute the newly created job description including the ability to make minor non-substantive changes. 4) Adopt Resolution No. 2024-115, entitled:
A RESOLUTION OF THE CITY COUNIL OF THE CITY OF JURUPA VALLEY
TO AMEND THE CLASSIFICATION AND COMPENSATION SALARY
SCHEDULE TO INCLUDE THE DEPUTY DIRECTOR OF PUBLIC WORKS
OPERATIONS AND THE ADDITIONAL DEPUTY DIRECTOR OF PUBLIC
WORKS/ASSISTANT CITY ENGINEER
BACKGROUND
In order to recruit and retain quality employees, it is critical for a city to compensate employees fairly for tasks performed when compared to the compensation paid by other employers for the same types of tasks.
RETURN TO AGENDA
Page | 1
STAFF REPORT
D
ATE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 17.A
PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION;
DECLARING THE RESULTS OF THE ELECTION; AND APPROVING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024-003
(PUBLIC SAFETY, MISSION VILLAGE) GENERALY LOCATED AT
THE SOUTHEAST CORNER OF MISSION BOULEVARD AND STOBBS
WAY.
RE
COMMENDATION
1) Requested Action: That the City Council open the public hearing and take testimony, if any.
2) Following the public hearing, staff recommends that the City Council adopt Resolution No. 2024-111, entitled:
RESOLUTION OF FORMATION OF TH E CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITEIS DISTRICT NO. PS 2024-003 (PUBLIC SAFETY,
MISSION VILLAGE), TO ESTABLISH AN APPROPRIATIONS LIMIT
THEREFORE, TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN,
AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
3) That the City Council adopt Resolution No. 2024-112, entitled:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE
QUALIFIED ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024-003 (PUBLIC SAFETY, MISSION
VILLAGE) PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN
RETURN TO AGENDA
Page | 2
APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT; AND
4) That the City Council adopt Resolution No. 2024-113, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2024- 003 (PUBLIC SAFETY, MISSION VILLAGE) AND DIRECTING THE
RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND
5) That the City Council conduct a first reading and introduce Ordinance No. 2024- 24, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTICT NO.
PS 2024-003 (PUBLIC SAFETY, MISS ION VILLAGE) AUTHORIZING THE
LEVY OF A SPECIAL TAX THEREIN
BACKGROUND
On September 19, 2024, the City Council took the first step in the process of forming CFD No. PS 2024-003 (Public Safety, Mission Village) ("CFD"), composed of a proposed commercial shopping center containing 7 retail and commercial buildings totaling 74,835 square feet. At that time the City Council approved a Resolution of Intention, Resolution No. 2024-104, to form CFD No. PS 2024-003 (Public Safety, Mission Village) and to authorize the levy of a special tax. At that meeting, the City Council set November 7, 2024 as the date for the public hearing.
The State legislature enacted the Mello-Roos Act of 1982 (the "Act") to assist public agencies in financing certain public services. The legal property owner, Mission Blvd.
Properties, LLC, requested that the City assist them in forming a district in order to cover the costs associated with providing law enforcement protection services.
The CFD will set up a special tax to generally cover costs associated with providing law enforcement protection services, including but not limited to:
x The costs of contracting services;
x Equipment, vehicles and supplies;
x The salaries and benefits of City staff that directly provide law enforcement services;
x City overhead costs associated with providing such services within the District; x All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls.
Page | 3
ANALYSIS
The proposed CFD will have a Maximum Special Tax for base year 2025 of:
SPECIAL TAX
Single Family Residential Property (Dwelling Unit) $220.00 Multifamily Residential Property (Dwelling Unit) $180.00 Commercial Retail Property (Building Square Feet) $0.126 Commercial Other Property (Building Square Feet) $0.094 Business Park Property (Building Square Feet) $0.084
Industrial Property (Building Square Feet) $0.044
These rates will increase based on the percentage increase in the Consumer Price Index, for Riverside-San Bernardino-Ontario area, with a maximum annual increase of 6% and a minimum annual increase of 2% of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward.
OTHER INFORMATION
City Council initiated proceedings for the formation on September 19, 2024. (Resolution No. 2024-104).
FINANCIAL IMPACT
The individual property owners are responsible for the annual payments of special taxes.
The City will work with the County concerning the filing of the annual special tax to the County Auditor-Controller. At base year the estimated maximum annual assessment for the CFD is expected to be $9,429.21, as summarized below:
APN Description
Tax per
Taxable
Unit
Square
Footage
FY 2025-
2026
Assessment
182-022-002 Fitness (Building 4, 18,000 SQFT)
Retail (Building 5, 10,000 SQFT)
$0.126 28,000 $3,528.00
182-031-001 Grocery (Building 2, 18,000 SQFT) $0.126 34,200 $4,309.20 Page | 4
APN Description
Tax per
Taxable
Unit
Square
Footage
FY 2025-
2026
Assessment
Retail (Building 3, 15,000 SQFT)
Food (Building 7, 1,200 SQFT)
182-031-002 Retail (Building 1, 9,600 SQFT)
Drive-Thru Restaurant (Building 6,
3,035 SQFT)
$0.126 12,635 $1,592.01
TOTAL 74,835 $9,429.21
The property owners have posted a deposit with their application to form the CFD, in order to cover City costs incurred in connection with the formation. Approval of the actions set forth in this staff report do not in any way commit the City to any financial contribution or liability by the CFD. The City's cost to admi nister the CFD annually will be reimbursed through the special taxes charged to property owners.
The revenue and expenses will be part of the City's FY 2025-2026 Adopted Budget, and there are no additional fiscal impacts.
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
Page | 1
STAFF REPORT
DATE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER/COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 17.B
PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE
NO. 22003 FROM MANUFACTURING-SERVICE COMMERCIAL (M-
SC) TO GENERAL RESIDENTIAL (R-3) FOR TWO PARCELS (APNS:
177-110-018 AND 177-110-016) OF APPROXIMATELY 24.04 ACRES IN SIZE LOCATED AT 6464 33
RD STREET AND FINDING NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED UNDER CALIFORNIA
ENVIRONMENTAL QUALITY ACT SECTION 15162
RECOMMENDATION
1. That the City Council conduct a public hearing, receive testimony, and conduct a first reading and introduce Ordinance No. 2024-25, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
APPROVING CHANGE OF ZONE NO. 22003 FROM MANUFACTURING
SERVICE COMMERCIAL (M-SC) TO GENERAL RESIDENTIAL (R-3) FOR TWO PARCELS (APNS 177-110-018 AND 177-110-016) OF
APPROXIMATELY 24.04 ACRES IN SIZE LOCATED AT 6464 33
RD STREET
AND FINDING NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15162
BACKGROUND
When the City Council adopted the 2017 General Plan and made 20 land use amendments (LUAs), it included a redesignation of this site (LUA15A) at 6464 33 rd Street.
See Exhibit A for project location. The City Council changed the site’s General Plan Land Use Designation from Light Industrial (LI) to Medium Density Residential (MDR) in an effort to reduce potential conflicts between the industrial project site and surrounding residential communities and a skilled nursing facility located to the north. Table 1 presents the General Plan Consistency Program for this site.
RETURN TO AGENDA
Page | 2
EXHIBIT A: PROJECT LOCATION
TABLE 1: GENERAL PLAN CONSISTENCY PROGRAM
LUA No. Completed with 2017 GP GP Implementation
From GP L/U To GP L/U From Zone To Zone
15A Light Industrial
(LI)
Medium Density
Residential
(MDR)
M-SC
(Manufacturing-
Service Commercial)
R-3 (General
Residential)
Feb. 22, 2023 Planning Commission Hearing. The Planning Commission held a public hearing to consider the consistency rezone of the project site from Manufacturing - Service Commercial (M-SC) to G eneral Residential (R-3). R-3 zoning is consistent with the underlying Medium Density Residential (MDR) land use designation. The Planning Commission received and considered public comments. The property owner requested additional time to discuss other zoning options and possible project development scenarios with the City. In conclusion, the Planning Commission tabled the agenda item to allow the discussion to occur.
Since the Planning Commission hearing, the property owner has been considering an educational use that could be approved on the site with a Public Use Permit (PUP) in the R-3 Zone.
May 22, 2024 Planning Commission Hearing. After conducting a legally noticed public hearing on May 22, 2024, the Planning Commission adopted Resolution No. PC-2024-11 recommending that the City Council approve the rezone of M-SC to R-3.
June 27, 2024 City Council Hearing. After conducting a legally noticed public hearing on June 27, 2024, the City Council voted to continue the action off calendar until a future undetermined date.
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ANALYSIS
The site has recently been acquired by the Riverside Community College District (RCCD) for the development of an Inland Empire Technology Trade Center. The project site was previously used as a lumberyard and automobile storage by Adesa Auto Storage. With the exception to State Route 60 to the south of the site, the project site is surrounded by residential uses including the newer residential community that abuts the site, Shadow Rock. Table 2 presents the existing and proposed designations. Exhibits B and C illustrate the existing and proposed zoning.
TABLE 2: GENERAL PROJECT INFORMATION
APN(S) EXISTING GP PROPOSED GP EXISTING ZONE PROPOSED
ZONE
Acres
177-110-016 Medium Density
Residential
(MDR)
No Change M-SC
(Manufacturing-
Service Commercial)
R-3 (General
Residential)
21.76 177-110-018 Medium Density
Residential
(MDR)
No Change M-SC
(Manufacturing-
Service Commercial)
R-3 (General
Residential)
2.29 EXHIBIT B: EXISTING M-SC ZONE
177-
110-018
177-110-016
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EXHIBIT C: PROPOSED R-3 ZONE
It is recommended that this project site be rezoned to R-3 to be consistent with the General Plan and compatible with the surrounding residential and sensitive uses. The existing zone, M-SC, is not consistent with the General Plan land use designation of Medium Density Residential (MDR). Attachment 3 is the code section for the M-SC Zone.
It permits a wide range of uses that pertain to a wide variety of industrial and manufacturing activities.
Chapter 9.80, the R-3 Zone, is also included with this report as Attachment 4. The zone allows a substantial number of residential uses, institutional uses, and certain commercial uses. A few examples are as follows:
x Single-, two-, multiple-family dwellings
x Churches, educational institutions, public libraries, museum and art galleries not operated for compensation or profit
x Nurseries, horticultural
x Child day care center
x Mobilehome parks
x Residential care facility and congregate care residential facilities
NOTICING REQUIREMENTS
A notice for the zone change was mailed to all property owners within a 1,000-foot radius of the subject property. In addition, a public hearing notice was published in the Press Enterprise on October 27, 2024. At the time of preparation of this report, no comments or concerns have been expressed by members of the public. 177-110-016
177-
110-018
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ENVIRONMENTAL REVIEW
A Previous Environmental Document (PED) Review Determination was prepared in accordance with the California Environmental Quality Act (CEQA), including all criteria, standards, and procedures of CEQA (California Public Resource Code Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.).
The PED was prepared to determine if the zone change (Project) is within the scope of the analysis contained in City of Jurupa Valley, 2017 General Plan Final Environmental Impact Report State Clearinghouse No. 2016021025 certified by the City Council on September 17, 2017, and to ensure that the Project does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified previously.
The zone change would not result in any new significant environmental impacts, substantially increase the severity of previously identified effects, or necessitate implementation of additional or considerably different mitigation measures than those identified in the 2017 General Plan FEIR. The effects associated with the zone change would be substantially the same as those reported for the approved 2017 General Plan FEIR, and is within the scope of the analysis contained in the 2017 General Plan FEIR.
The Project does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified in the 2017 General Plan FEIR, thus no Supplemental or Subsequent Environmental Review is required.
FINANCIAL IMPACT
Since this action was initiated by the Community Development Department, the City has incurred the cost of its preparation and adoption through its General Fund in Account No. 100.122.54110. The preparation of the change of zone is estimated to have been approximately $8,000 - $10,000.
ALTERNATIVES
1. Recommended Action: That the City Council, by motion, conduct a first reading and introduce Ordinance No. 2024-25, approving Change of Zone No. 22003 from Manufacturing-Service Commercial (M- SC) to General Residential (R-3) for two parcels at 6464 33
rd Street and finding no further environmental review is required under California Environmental Quality Act Section 15162
2. Decline to adopt the proposed ordinance.
3. Defer action and request additional information.
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STAFF REPORT
DATE: NOVEMBER 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER/COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 17.C
PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO.
21215: CHANGE OF ZONE (CZ) NO. 21007, TENTATIVE TRACT MAP (TTM) NO. 37538, VARIANCE (VAR) NO. 22001, AND ADOPTION OF A
MITIGATED NEGATIVE DECLARATION (MND ) AND MITIGATION
MONITORING REPORTING PROGRAM (MMRP) FOR SUBDIVISION OF
A 4.1-ACRE SITE TO SIX (6) RESIDENTIAL LOTS FOR SINGLE FAMILY HOMES – “VIA VERDE ESTATES”; LOCATION: 9045 56th STREET (APNS:
165-040-018, AND -019); (APPLICANT: SUN P. KIM)
RECOMMENDATION
1. That the City Council conduct a public hearing, receive testiony, and:
a. Adopt Resolution No. 2024-114, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ADOPTING A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM,
APPROVING TENTATIVE TRACT MAP NO. 37538, VARIANCE NO.
22001 TO ALLOW FOR THE CONSTRUCTION OF SIX (6) SINGLE - FAMILY HOMES ON A 4.1 -ACRE SITE LOCATED AT 9045 56TH
STREET – “VIA VERDE ESTATES.” (APNS: 165-040-018, AND -019) b. Introduce Ordinance No. 2024-26, entitled
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING CHANGE OF ZONE NO. 21007 FROM LIGHT
AGRICULTURE A -1-4 (MIN. 4 -ACRE LOT PER UNIT) TO LIGHT AGRICULTURE A-1 (MIN. 20,000 S.F. LOT PER UNIT) TO ALLOW FOR THE CONSTRUCTION OF SIX (6) SINGLE -FAMILY HOMES ON A 4.1 -
RETURN TO AGENDA
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ACRE SITE LOCATED AT 9045 56TH STREET – “VIA VERDE
ESTATES” (APNS: 165-040-018, AND -019)
BACKGROUND
The applicant proposes to subdivide a 4.1-acre site into six (6) residential lots for single- family homes (1.5 du/acre) at 9045 56th Street (APNs: 165-040-18, and -019).
All six (6) of the proposed homes would be three - (3) bedroom/four- (4) bathroom, and would range in size from 3,130 to 3,490 square feet on a minimum of 20,000 square-foot lots. All homes would be one (1) story tall and not exceed 26 feet in height. Residents would own their individual lots and homes, and the private street, sidewalk, and landscape parkway would be owned and maintained by the homeowner’s association (HOA).
The development would include improvements and amenities including: parking in the form of two- (car) garages, driveways, and private street parking for residents and visiting guests; a decorative block wall; landscaping for beautification and privacy; and a decoratively paved entrance with monument signage. See Exhibit A for the conceptual site plan.
The proposed project would require the following entitlements:
1. Change of Zone: Change project site’s zoning from Light Agriculture – 4-acre minimum lot size (A-1-4) to Light Agriculture (A -1), as (A -1) requires minimum 20,000 square foot lots.
2. Tentative Tract Map: Subdivide existing 4.1-acre project site into six (6) new lots for single-family homes, and a private street.
3. Variance: Allow for Lots 1 and 2 to have a reduced minimum lot width of 85 feet instead of the required minimum lot width of 100 feet.
EXHIBIT A – CONCEPTUAL SITE PLAN
1 2
3 4
5 6
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PROJECT LOCATION AND SURROUNDING AREA
The project site is located at 9045 56 th Street at the northwest corner of Van Buren Boulevard and 56 th Street in the central area of the City. In the general neighborhood, there are residential and light agricultural uses. The immediate surrounding land uses include vacant land to the north, Van Buren Boulevard and vacant land to the east, a nursery to the south, and single -family homes to the west. No bus stops are located in the near vicinity of the project site.
The project site is currently being used as a nursery. There are also two (2) existing billboards located on the project site’s frontage along Van Buren Boulevard. Pursuant to recommended Condition of Approval (COA) No. 19, the billboards would have to be permanently removed prior to development.
TABLE 1: GENERAL PROJECT INFORMATION
ASSESSOR’S PARCEL NUMBERS 165-040-18, and -019
TOTAL ACREAGE OF PROJECT SITE 4.1 acres
GENERAL PLAN DESIGNATION Country Neighborhood (LDR) – Up to 2 dwelling units per acre
GENERAL PLAY OVERLAY Equestrian Lifestyle Protection Overlay (ELO)
ZONING CLASSIFICATION Light Agriculture – 4-acre minimum lot size (A-1-4)
Planning Commission Public Hearing
At its February 14, 2024 meeting, the Planning Commission conducted a public hearing and considered the proposed project. The Planning Commission then, on a 4 -0 vote, recommended approval of the project. The Planning Commission meeting minutes are provided as Attachment 4.
Delay for City Council Public Hearing
After the Planning Commission public hearing, the applicant contacted staff to put the project on hold. The applicant wanted to explore other potential designs for the project site which included an increase in density, more units, and smaller lots. This redesign of the project would’ve required a change of zone to One-Family Dwelling (R-1) and a change of land use designation to Medium Density Residential (MDR). The surrounding area consists of large agricultural lots zoned Light Agriculture (A -1) and a land use designation of Country Neighborhood (LDR) , therefore the proposed redesigns of the project site would be inconsistent with the surrounding community . Due to these inconsistencies, the applicant was informed that staff would not recommend approval to Planning Commission or City Council for the proposed redesigns. The applicant then determined to proceed with the originally approved project that was recommended for approval by the Planning Commission on February 14, 2024.
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PROJECT DESIGN AND SITE LAYOUT
Architecture, Amenities, and Landscaping
The proposed project would provide for high quality residential architecture, private amenities, and lush landscaping that would provide beautification and privacy screening.
The project w ould incorporate a combination of American farmhouse, and craftsman architecture that are compatible with the surrounding community’s semi-rural nature. The proposed architecture would incorporate: (1) authentic colors to the proposed architectural styles, (2) a mix of materials in transition, (3) recessed doors and windows, (4) gabled roofs, (5) columns, and (6) articulated facades. All homes would be one (1) story in tall, and not exceed 26 feet in height . See Exhibit B for the architectural renderings.
EXHIBIT B – ARCHITECTURAL RENDERINGS
The proposed project would include amenities such as: parking in the form of two - (car) garages, driveways, and private street parking for residents and visiting guests; a decorative block wall; landscaping for beautification and privacy; and a decoratively paved entrance with monument signage. The project site would include lush, drought- tolerant landscaping that would both beautify the community, and provide any required screening. Each home would have a minimum of two (2) front yard trees in addition to a street tree and on -site shrubs. The entire perimeter of the community would also be screened by decorative six -foot high block wall that would shield the homes from Van Buren Boulevard, 56th Street, and the existing properties to the north and west.
Access, Off-Site Improvements, and Maintenance
The project site would have access directly off 56th Street via a private street. Residents would have full right -of-way access (left in/out, ri ght in/out) onto 56 th Street. There are existing dedicated left and right turn lanes off of Van Buren Boulevard turning into 56 th Street.
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The project site would have a main private street that terminates as a cul -de-sac.
Residents would access their drivew ays and garages directly off the private street. The private street would be constructed to a full right -of-way (ROW) width of 53 feet, with 36 feet of roadway, 7 feet of landscaping on the west side, and a 10-foot wide parkway with street trees and sidewa lk on the east side. No sidewalk is proposed or required on the west side of the ROW as the west side of the street does not front any residences. See Exhibit C for the private street section.
EXHIBIT C – PRIVATE STREET (LOOKING NORTH)
The project provides for off -site improvements along Van Buren Boulevard and 56 th Street. Improvements along the northern side of 56th Street includes curb gutter, 7 feet of landscaping, 5 feet of sidewalk, and 3 feet of landscaping betwee n sidewalk and the decorative wall. Improvements along the western side of Van Buren Boulevard includes 21 feet of dedication along with the existing right-of-way ( ROW) to provide a total of approximately 40 feet of parkway improvements. Improvements on the westerly parkway will include 21 feet of landscaping to the satisfaction of the City Engineer , and the remaining parkway adjacent to the existing edge of pavement along Van Buren Boulevard, shall have stabilized decomposed granite. The proposed improvements along Van Buren Boulevard would allow for appropriate transition to adjacent existing and future infrastructure.
All common area, including internal streets, courts, walkways, amenities, and landscaping within the community , would be privately owned and maintained by the HOA . All streetlights would be owned, operated, and maintained by Southern California Edison (SCE). Limonite Avenue, Beach Street, Rancho Jurupa Drive , and Persano Street are publicly owned and maintained through a community facilities district (CFD).
ANALYSIS
I. ENVIRONMENTAL REVIEW. The City of Jurupa Valley has prepared and intends to adopt a Mitigated Negative Declaration (MND) for the proposed project. The MND is supported by an Initial Study that evaluated potential effects of the project on the environment in re gard to Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning,
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Mineral Resourc es, Noise, Population and Housing, Public Services, Recreation, Transportation/Traffic, and Utilities and Service Systems. The MND determines that although the proposed project could have a significant effect on the environment, there would be no significa nt effect as mitigation measures would be required. The 20 -day public review for the MND ran from September 1, 2023 through September 20, 2023. No comment has been received on the MND at the time of this report.
II. GENERAL PLAN. The project is consistent with the General Plan.
A. Housing Element No Net Loss. The proposed project was not included in the City’s certified and adopted 6th Cycle Housing Element. The proposed project would provide for six (6) above-moderate housing units.
B. Land Use Designation. The General Plan land use designation for the project site is Country Neighborhood (LDR) that allows up to two (2) dwelling units per acre. The project demonstrates consistency with the Land Use Element of the General Plan including the following policies:
LUE 2.1 Residential Development. Accommodate the development of single-family and multi -family residential units in areas appropriately designated by the General Plan, specific plans, the Equestrian Lifestyle Protection Overlay, and community and town cen ter plans land use maps.
The proposed project is for a residential development on land that has a General Plan Land Use Designation of Country Neighborhood (LDR) – Up to two (2) dwelling units per acre.
LUE 2.3 Infrastructure. Ensure that circulation facil ities, water resources, sewer and storm drainage facilities, and other utilities available or provided by the developer are adequate to meet the demands of a proposed residential land use in addition to those services and resources required to serve existing residents and businesses.
All street improvements, drainage infrastructure, and other utilities are found to be adequate to meet the demands of a proposed residential land use in addition to those services and resources requi red to serve existing residents.
LUE 2.9 Design Compatibility. Ensure that new residential developments are designed to be compatible with their surroundings and to enhance visually the appearance of neighborhoods and adjacent structures.
The proposed project successfully inco rporates American Farmhouse and American Craftsman architectural styles that are compatible with the surrounding area.
LUE 10.9 Promote Unique Community Character. Use community plans to promote the development and preservation of unique
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communities in which each community exhibits a special sense of place and quality of design.
The proposed project reinforces the agricultural, farm and equestrian community character through its inclusion of high quality American Farmhouse and American Craftsman architecture, decorative street lighting and landscaping, and enhanced entryways.
C. Equestrian Lifestyle Protection Overlay (ELO). The project site is located within the Equestrian Lifestyle Protection Overlay (ELO). The ELO is intended to preserve Jurupa Valley’s equestrian heritage and lifestyle, and ensures that the keeping of horses and other farm animals can continue, subject to regulations specified in the Zoning Ordinance. The project demonstrates consistency with the Land Use Element of the General Plan including the following policies:
LUE 5.5 Development Review. New development in the Overlay should accommodate horse keeping, horse facilities and equestrian activities, where feasible and appropriate. Within the support area, equestrian uses, trails, and facilities are encouraged.
The proposed project would accommodate horse keeping and equestrian activities in that residents would be permitted to keep up to two (2) horses, by right, under the proposed Light Agriculture (A -1) zoning.
LUE 5.8 Residential Density. Allow development of Small Farm, Ranch, Rural Neighborhood, and Country Neighborhood Residential uses in the Overlay. Higher density residential development may be allowed if equestrian friendly and if the City Council finds that the project will provide significant overall benefits to equestrian uses and lifestyle.
The proposed development would be country neighborhood in nature in that the lots would be a minimum of 20,000 square feet in size, homes would not exceed one story in height, and light agricultural uses would be permitted by right.
III. TITLE 7 – SUBDIVISIONS. Tentative Tract Map ( TTM) No. 37538 complies with all applicable provisions of Title 7 and the Subdivision Map Act for the proposed six (6) parcels. The Engineering Department has reviewed the project for required travel lanes, access, circulation, grading, and drainage. The recommended conditions address areas such as subdivision, circulation, access, grading, drainage, and water quality.
IV. TITLE 9 – ZONING ORDINANCE.
A. Change of Zone (CZ) Request. The proposed Change of Zone (CZ) from Light Agriculture – 4-acre minimum lot size (A -1-4) to Light Agriculture (A - 1) is consistent with the City’s General Plan in that the A -1 zoning is consistent w ith the underlying General Plan Land Use Designation of Country Neighborhood (LDR) – up to two (2) dwelling units per acre. The
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project site is also in the close proximity of other properties zoned A -1 and Residential Agriculture (R -A), with similar lot si zes of a minimum 20,000 square feet, and similar in nature in regard to animal keeping.
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TABLE 2: LIGHT AGRICULTURE (A-1)
APPLICABLE DEVELOPMENT STANDARDS
DEVELOPMENT
STANDARD REQUIRED
MINIMUM PROJECT COMPLIANCE
Lot Requirements
Minimum Lot Size 20,000 ft2 Yes. All lots would be a
minimum of 20,000 ft2 in size.
Minimum Average Lot
Width 100’
Yes with an approved Variance.
Lots 1 and 2 would have
reduced lot widths of 85’.
Minimum Average Lot
Depth 150’
Yes. All lots would have a
minimum average lot depth of
150’.
Setbacks
Front Yard 20’
Yes. All homes would have a
minimum front yard setback of
20’.
Interior Side Yard 5’
Yes. All homes would have a
minimum interior side yard
setback of 5’.
Street Side Yard 10’
Yes. The home located on Lot
1 would have a minimum street
side yard setback of 10’.
Rear Yard 5’
Yes. All homes would have a
minimum rear yard setback of
5’.
Other Development Standards
Height Requirements 40’ max Yes. No home would exceed
40’ in height.
Off Street Parking
Requirements
2 Spaces/Dwelling
Each home would include a
two- (2) car garage and
additional driveway parking.
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V. Inclusionary Housing Requirement (Chapter 9.267). The proposed project is subject to the City’s Inclusionary Housing Requirement . The code requires seven (7) percent of the units to be rented or sold at an affordable rate. Since 7% of this project is 0.42 of a unit, an in -lieu fee is required for the fractional unit. The in-lieu fee for a fractional unit is calculated as $2.50 per net residential square footage of the project, including garages, times the fractional unit (0.42).
The estimated in-lieu fee ranges from $19,719 to $21,987. The project’s compliance with the Inclusion ary Housing Ordinance is included as a recommended condition of approval.
VI. FINDINGS FOR APPROVAL OF TENTATIVE LAND DIVISION MAP.
Per Section 7.15.180 of the Jurupa Valley Municipal Code, “A tentative map shall be denied if it does not meet all requirement s of this ordinance, or if any of the following findings are made:”
1) That the proposed land division is not consistent with applicable general and specific plans;
2) That the design or improvement of the proposed land division is not consistent with applicable general and specific plans;
3) That the site of the proposed land division is not physically suitable for the type of development;
4) That the site of the proposed land division is not physically suitable for the proposed density of the development;
5) That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6) That the design of the proposed land division or the type of improve ments are likely to cause serious public health problems;
7) That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternative easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction; and
8) Notwithstanding subsection (5) of this section, a tentative map may be approved if an environmental impact report was prepared with respect to the project and a finding was made, pursuant to the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.), that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.
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Tentative Tract Map (TTM) No. 37538 is consistent with all applicable provisions of Title 7 and the Subdivision Map Act for standards and process.
Furthermore, the City’s Engineering Department has reviewed the project for access, circulation, grading, and drainage and has recommended conditions that would require the project to comply with mandated regulations.
The land is suitable for the proposed residential subdivision as it’s surrounded by an existing residential neighborhood. The project would not cause any substantial environmental damage or impacts to wildlife and their habitats with recommended conditions and mitigation measures. The project would not be a danger to the health, safety, and general welfare of the general public. The project would not cause se rious public health problems. A Mitigated Negative Declaration has been prepared for the project, pursuant to California Environmental Quality Act (CEQA). None of the findings for the denial of the TTM have been made. It is recommended for approval.
VII. BASIS FOR GRANTING OF A VARIANCE.
Per Section 9.240.27 0, Variances may be granted when, because of special circumstances applicable to a parcel of property, including size, shape, topography, location or surroundings, the strict application of this ordinance deprives such property of privileges enjoyed by other property in the vicinity that is under the same zoning classification.
The above -listed findings can be made to support a recommendation for granting a Variance to allow Lot s 1 and 2 to have reduced average lot widths of 85 feet instead of the required minimum of 100 feet. The project is irregularly shaped like a trapezoid due to its diagonal eastern frontage alo ng Van Buren Boulevard. This reduces the amount of Light Agriculture (A -1) lots that the project site may be subdivided into without the granting of a Variance for lot widths. Lots 1 and 2, with reduced average lot widths of 85 feet, would still be the req uired minimum 20,000 square feet in size, and still allow for animal keeping.
NOTICING REQUIREMENTS
Public hearing notices were sent to surrounding property owners within 1,000 feet from the boundaries of the project site. Additionally, a legal advertisement was published in the Press Enterprise on Wednesday, October 23, 2024. At the time of preparation of this report, no comments or concerns have been expressed by members of the public.
FINANCIAL IMPACT
The applicant will cover the cost of processing this application. No additional cost to the City is anticipated.
ALTERNATIVES
1. Recommended Action: That the City Council approve the following: