Milpitas City Council
April 16, 2024

April 16, 2024 Milpitas City Council Agenda Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL
AGENDA
TUESDAY, APRIL 16, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person, unless the City Council approves remote public comment. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected].

The meeting will be streamed via Zoom for viewing purposes only unless the City Council approves remote public comment. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_Lir5aegWQJyWWwPIcC294w NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

MILPITAS CITY COUNCIL CODE OF CONDUCT
• Be respectful and courteous (words, tone, and body language). • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Refrain from using electronic devices while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.

April 16, 2024 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM) AB 2449

1. Consider Councilmember Anthony Phan’s Request to Appear Remotely Pursuant to AB 2449 and Authorize the Council to Accept Public Comments Remotely at the April 16, 2024, Meeting of the Milpitas City Council (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040; Suzanne Guzzetta, 408-586-3001)
Recommendation: Receive disclosure from Councilmember Phan regarding the nature of the medical emergency or just cause circumstances. Vote on a motion as to whether to allow Councilmember Phan to appear remotely pursuant to AB2449 and to allow remote public comment at the April 16, 2024 meeting of the Milpitas City Council.

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Rick Bolanos, LCW
Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA, MidCon), IAFF, MPOA CLOSED SESSION ANNOUNCEMENT:

Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

PLEDGE OF ALLEGIANCE
INVOCATION (Mayor Montano)
PRESENTATIONS (7:05 PM)
● Earth Day (Proclamation)
● Arbor Day (Proclamation)
● National Public Safety Telecommunicators Week - April 14-20 (Proclamation) PUBLIC FORUM (7:10 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.

As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
CONSENT CALENDAR (7:15 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

April 16, 2024 Milpitas City Council Agenda Page 3
C2. Receive City Council Calendar of Meetings for April and May 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for April and May 2024.

C3. Approve City Council Regular and Special Meeting Minutes of April 2, 2024 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Regular and Special Meeting minutes of April 2, 2024.

C4. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.

C5. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.

C6. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Recommendation: Receive Mayor Montano's recommendation and confirm appointments to City Commissions.

C7. Reallocation of American Rescue Plan Act Funds (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3053)
Recommendation: (1) Approve the reallocation of funding within the American Rescue Plan Act Fund and the General Fund to ensure completion of the programs in the ARPA Investment Plan previously approved by Council; and (2) Adopt the resolution authorizing the reallocation of funding within the American Rescue Plan Act fund balance as of March 31, 2024, and the General Fund to fund certain City staff positions during Fiscal Year 2023-2024 and to ensure completion of programs in the ARPA Investment Plan previously approved by Council.

C8. Receive Report on American Rescue Plan Act Funding for Rent and Mortgage Relief Program and Approve Transfer of $216,125.00 in Mortgage Relief Funds to Rent Relief (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing Division Manager, 408-586-3275)
Recommendation: Receive report on American Rescue Plan Act (ARPA) funding for Rent and Mortgage Relief Program and approve transfer of $216,125.00 in Mortgage Relief Funds to Rent Relief.

C9. Receive the July - December 2023 Report for Unhoused Services (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing Division Manager, 408-586-3275)
Recommendation: Receive the July – December 2023 report for unhoused services.

C10. Approve and Authorize the City Manager to Execute a Three-Year Professional Services Agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning Consulting

April 16, 2024 Milpitas City Council Agenda Page 4
Services (Staff Contact: Gabrielle Tsang, Interim Finance Director 408-586-3131; and Kelli Parmley, Human Resources Director 408-586-3086)
Recommendation: Approve a three-year professional services agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning (ERP) Consulting Services for a not-to-exceed amount of $375,500.00, authorize the City Manager to execute the contract, with additional authority to approve an optional two years and changes up to 10%.

C11. Approve and Authorize the City Manager to Execute an Amendment to the Professional Services Agreement with Ascent Environmental for Consultant Services Related to Preparation of the Gateway-Main St. Specific Plan (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Recommendation: (1) Approve an amendment to the Professional Services Agreement with Ascent Environmental for consultant services related to preparation of the Gateway-Main St. Specific Plan; (2) Approve a Budget Appropriation of $90,000.00 from the Community Planning Fund into Capital Improvement Program Project No. 3437; and (3) Authorize the City Manager to execute the amended agreement.

C12. Authorize the City Manager to Execute the Grant Agreement with the County of Santa Clara to Accept the 2023 State Homeland Security Grant Program Award and Approve a Budget Appropriation in the Amount of $105,205.00 to the Police Department’s FY 2023-24 Operating Budget (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) Recommendation: Authorize the City Manager to execute the Grant Agreement with the County of Santa Clara to accept the 2023 State Homeland Security Grant Program Award and approve a budget appropriation in the amount of $105,205.00 to the Police Department’s FY 2023-24 Operating Budget.

C13. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

C14. Approve a Three-Year Agreement with Portford Solutions for Licensing, Maintenance, and Support of ApplicationXtender Document Management Software and Authorize the City Manager to Execute the Contract (Staff Contact: Daniel Nam, Information Technology Director, 408-586- 2712)
Recommendation: Approve a three-year agreement with Portford Solutions for the licensing and maintenance and support services related to ApplicationXtender for the not-to-exceed amount of $118,150.19 and authorize the City Manager to execute the agreement.

C15. Consider One Donation Request from Milpitas Community Education Endowment, Inc. (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Approve a donation request of $500.00 for Milpitas Community Education Endowment, Inc. for their annual fundraiser on Friday, April 26, 2024.

PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

April 16, 2024 Milpitas City Council Agenda Page 5

16. Conduct a Public Hearing and Adopt a Resolution Approving Site Development Permit, Density Bonus Permit and Environmental Assessment and Allow the Development of Two Multi-Family Residential Buildings at 1300 South Main Street (Staff Contact: Jay Lee, Planning Director, 408- 586-3077)
Recommendation: (1) Conduct a public hearing on the development of two multi-family residential buildings with 118 below-market rate (100% affordable); (2) Consider the project to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section §15332 (Class 32: In-Fill Projects) and, as a separate and independent basis, Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and (3) Adopt a resolution to approve Site Development Permit No. SD22-0015, Density Bonus Permit No.

DB23-0011 and Environmental Assessment No. EA23-0015, subject to the findings and Conditions of Approval.

17. Conduct a Public Hearing and Adopt a Resolution Approving the Proposed 2025-2029 Capital Improvement Program (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: Conduct a public hearing and adopt a resolution approving the 2025-2029 Capital Improvement Program.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (8:30 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.

ADJOURNMENT (8:35 PM)

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.

Contact the City Clerk’s Office at 408-586-3001 for more information.

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Consider Councilmember Anthony Phan’s Request to Appear Remotely Pursuant to AB 2449 and Authorize the Council to Accept Public Comments Remotely at the April 16, 2024 Meeting of the Milpitas City Council (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040; and Suzanne Guzzetta, 408-586-3001)
Category: Leadership and Support Services
Meeting Date: 4/16/2024
Recommendation: Receive disclosure from Councilmember Phan regarding the nature of the medical emergency or just cause circumstances. Vote on a motion as to whether to allow Councilmember Phan to appear remotely pursuant to AB2449 and to allow remote public comment at the April 16, 2024 meeting of the Milpitas City Council.

Background:

AB 2449 allows a councilmember to attend a council meeting by electronic means, without the usual Brown Act requirements for public access, in cases of either a medical emergency or when just cause exists. Under AB 2449 an emergency circumstance means, “a physical or family medical emergency that prevents a member from attending in person.” Just cause means, (A) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely, (B) a contagious illness that prevents a member from attending in person, (C) a need related to a physical or mental disability, or (D) travel while on official business of the legislative body or another state or local agency. AB 2449 requires the council to take action to approve an electronic appearance if medical emergency circumstances or just cause exists.

AB 2449 has limitations on the number of remote appearances that a councilmember can make during a calendar year. A councilmember may appear electronically for just cause not more than two times per calendar year. A member may not participate electronically pursuant to AB 2449 for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. For the purposes of the City Council, a Councilmember may not appear electronically pursuant to AB2449 more than 4 times in total in a calendar year.

During an AB2449 appearance, the member shall publicly disclose, before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals. The member shall participate through both audio and visual technology, which means that the member must have their camera turned on during the conduct of the meeting.

AB2449 requires that the public be allowed to make public comments remotely at any meeting that a Councilmember appears remotely because of a medical emergency or just cause. In order to authorize an AB2449 appearance at a Council meeting, the Council will also have to allow remote public comment at that meeting.

Analysis:

Councilmember Phan has requested that he be allowed to appear electronically via AB2449 at the April 16, 2024 meeting of the City Council as a result of a medical emergency. Councilmember Phan will disclose the appropriate details regarding the nature of the medical emergency at the Council meeting. The remainder of the Council will then vote to approve or deny the electronic appearance based on the existence of a medical emergency or just cause. Should the Council allow Councilmember Phan to appear remotely, the Council will also need to allow the public to comment remotely on each item on the agenda.

Councilmember Phan has not exhausted his AB2449 appearances for the 2024 calendar year. He has not appeared for just cause or a for a medical emergency in 2024.

Fiscal Impact:

There is no fiscal impact associated with this item.

CEQA:

The action is continuing administrative or maintenance activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378.

Recommendation:

Receive disclosure from Councilmember Phan regarding the nature of the medical emergency or just cause circumstances. Vote on a motion as to whether to allow Councilmember Phan to appear remotely pursuant to AB2449 and to allow remote public comment at the April 16, 2024 meeting of the Milpitas City Council.

Attachments:

None

Milpitas City Council Calendar
April 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 Cesar Chavez Day– City
Observed Holiday
City Hall Closed
2 5:30 PM- Closed Session
7:00 PM-Special Joint Closed Session
with other Jurisdictions followed by
Council Meeting (Public Business)
3 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (EC)
4 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5 6
7 8 9 10
12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
11 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
5:30 PM-Cities Assoc of SCC
Legislative Action Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC JPA
Board of Directors (CM
12 13
14 15
7:00 PM-Science, Technology, and
Innovation Commission (GB)
16 6:00 PM-Closed Session
7:00 PM-City Council
17 4:30 PM- Special Meeting Economic
Development and Trade Commission
(CM)
6:00 PM-Energy and Environmental
Sustainability Commission (EC)
18 10:30 AM-South Bay Odor
Stakeholders Group Meeting (CM)
3:00 PM-Cities Assoc of SCC
Recycling and Waste Reduction
Commission (CM)
19 9:00 AM-VTA Board of
Directors Workshop (CM)
3:30 PM- 4:00 PM- Teen
Civic Leadership Academy
Graduation (Milpitas
Community Center)
20 10:00 AM-12:00 PMEarth Day (Calle Oriente
Mini Park)
21 22 23
1:30 PM-Senior Advisory Commission
(CM)
24 7:00 PM-Planning Commission
25 12:00 PM-SCC Library JPA Board of
Directors Meeting (CM) (Campbell)
6:00-8:00 PM- Commissioners’
Recognition Celebration (Community
Center Auditorium)
26 9:00 AM-VTA Board
Workshop (CM)
27 28 29 30
March 2024

S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 May 2024

S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31

Milpitas City Council Calendar
May 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
7:00 PM-Community Advisory
Commission (EC)
2 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
3 4
5 6
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
7 6:00 PM-Closed Session
7:00 PM-City Council
8 7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
9 4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
5:30 PM-Cities Assoc of SCC
Legislative Action Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
10 11
12 13
4:30 PM-Economic Development and
Trade Commission (CM)
14 4:00 PM- Milpitas HOPE
5:30 PM-Special Council Meeting:

FY24-25 Budget Study Session
15 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
16 10:00 AM-VTA Congestion Mgmt
Prog & Planning (CMPP) (CM)
3:00 PM-Cities Assoc of SCC
Recycling & Waste Reduction
Commission (CM)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Burlingame
Community Center, Sequoia Room)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL)
17 18
19 20
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)
21 6:00 PM-Closed Session
7:00 PM-City Council
22 7:00 PM-Planning Commission
23 24 25
26 27
Memorial Day – City
Observed Holiday
City Hall Closed
28 29 30
4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB) (Santa Clara)
31 April 2024

S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
June 2024

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30

April 2, 2024 Milpitas City Council Minutes Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
TUESDAY, APRIL 2, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA The City Council of the City of Milpitas convened on the regular City Council meeting day in a Meeting of the Milpitas City Council on April 2, 2024, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 5:38 PM and announced that Councilmember Barbadillo would be participating remotely from The Westin Palace, Madrid, Plaza de las Cortes, 7, Madrid, Spain 28014 pursuant to California Government Code Section 54953. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan ABSENT: Councilmember Barbadillo

PLEDGE OF ALLEGIANCE
Councilmember Lien led the pledge of allegiance.

INVOCATION
Mayor Montano presented the invocation by reading a poem entitled, "If trees could talk".

PRESENTATIONS
Mayor Montano, joined by members of the City Council, presented proclamations in recognition of Black April, Fair Housing Month, and Cesar Chavez. Certificates of recognition were presented to the Milpitas Community Concert Band.

ADJOURN TO CLOSED SESSION
City Attorney Mutalipassi briefed the City Council on items be heard in Closed Session.

There were no public comments.

The City Council adjourned to Closed Session at 5:59 PM. (a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Rick Bolanos, LCW
Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA, MidCon), IAFF, MPOA The City Council reconvened at 7:04 PM

RECESS TO SPECIAL JOINT SESSION
The City Council recessed to a Special Joint Session at 7:04 PM.

The City Council reconvened at 8:15 pm.

April 2, 2024 Milpitas City Council Minutes Page 2
CLOSED SESSION ANNOUNCEMENT:

City Attorney noted there was nothing to report out.

PUBLIC FORUM
There were the following speakers:

1. Maria Pereira

2. Kimberly Vo

3. Voltaire Montemayor

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest (Absent: Barbadillo). City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions (Absent: Barbadillo).

READING OF THE CITY COUNCIL CODE OF CONDUCT
Vice Mayor Chua read the code of conduct.

APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.

Motion/Second: Councilmember Lien/Councilmember Phan
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo

CONSENT CALENDAR
There were no public speakers.

After discussion, motion: to approve the Consent Calendar.

Motion/Second: Councilmember Lien/Councilmember Phan
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo

1. Receive City Council Calendar of Meetings for April 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for April 2024.

2. Approve City Council City Council Meeting Minutes of March 19, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Meeting minutes of March 19, 2024.

April 2, 2024 Milpitas City Council Minutes Page 3

3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.

4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.

5. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Received Mayor Montano's recommendations and confirmed the following appointments to City Commissions:

Senior Advisory Commission

1. Appoint Hui Chen as Alternate No. 2 with an unexpired term ending December 2026.

6. Adopt a Resolution Releasing Unclaimed Checks with a Value Less than $15.00 in the Aggregate Amount of $141.91 (Staff Contact: Gabrielle Tsang, Acting Finance Director/Risk Manager, 408- 586-3131)
Adopted Resolution No. 9310 releasing unclaimed checks with a value less than $15.00 and transfer a total of $141.91 in unclaimed checks to the General Fund.

7. Adopt a Resolution Approving a Site Development Permit to Develop a New Two-Story SingleFamily Residence on a Vacant 2.3-Acre Lot Located in the R1-H Single-family Residential Zoning District with a Hillside Combining District at 500 Vista Spring Court (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Adopted Resolution No. 9311 approving Site Development Permit No. SD23-0005 to allow the development of a new single-family residence at 500 Vista Spring Court, subject to the attached Conditions of Approval.

8. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) (1) Received an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determined by a four-fifths vote that the condition continues to constitute an emergency.

9. Approve and Authorize the City Manager to Execute a Software License and Professional Services Agreement with CivicPlus LLC for SeeClickFix Subscription Services (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602) Approved and authorized the City Manager to execute a software license and professional services agreement with CivicPlus, LLC, for SeeClickFix subscription services for a total amount not-to-exceed $121,048.24, subject to the annual appropriation of funds.

10. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to McKim Corporation for Street Resurfacing 2024 Project No. 4283, 4304, 4305; and Approve Budget Change Form (Staff Contact: Matt Cano, Assistant City Manager 408-586-3012: and

April 2, 2024 Milpitas City Council Minutes Page 4
Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316) Adopted Resolution No. 9312 to approve project plans & specifications; awarded the construction contract to the lowest responsible, and responsive bidder, McKim Corporation, in the amount of $3,328,125.94 for the Street Resurfacing 2024 Project No. 4283, 4304, 4305; authorize the City Manager to execute the construction contract with McKim Corporation; authorize the City Engineer to negotiate and execute Contract Change Order(s) in an aggregate amount not to exceed $499,218.90 for the project; and approve the Budget Change Form to appropriate funding for CIP 4304 and CP 4305.

11. Adopt a Resolution Granting Acceptance of the Street Resurfacing 2023 Project, Project No. 4283, 4303, & 4304, Authorizing the City Engineer to file a Notice of Completion and Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Matt Cano, Assistant City Manager 408-586-3012; and Michael Silveira, Public Works Engineer Division Manager 408-586- 3303)
Adopted Resolution No. 9313 granting acceptance of the Street Resurfacing 2023 Project, Project No. 4283, 4303, & 4304, authorizing the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty.

12. Adopt a Resolution to Approve Project Plans & Specifications, Award the Construction Contract with Mark Lee and Yong Kay, Inc., Dba Bay Construction Co., Authorize Design Services Agreement Amendment No. 1 to the with Callander Associates Landscape Architecture, Inc. for ARPA Parks Rehabilitation, Project Nos. 3500, 3501, 5110 (Staff: Christian Di Renzo, Public Works Director, 408.586.2602, Michael Silveira, PW Division Manager-Engineering, 408.586.3303) (1) Adopted Resolution No. 9314 to approve project plans & specifications; (2) award the construction contract to the lowest responsible bidder submitting a responsive bid, Mark Lee and Yong Kay Inc, Dba Bay Construction Co., in a total amount of $2,532,000; (3) authorized the City Manager to execute the construction contract with Mark Lee and Yong Kay Inc, Dba Bay Construction Co., (4) authorized the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $380,000; and (5) approved and authorized the City Manager to execute Amendment No. 1 to the Design Services Agreement with Callander Associates Landscape Architecture, Inc. for Sinnott Park Playground design in the amount of $75,000 for ARPA Parks Rehabilitation Phase 2, Project Nos. 3500, 3501, 5110.

PUBLIC HEARINGS

13. Conduct a Public Hearing and Adopt a Resolution for the Summary Vacation of a Portion of the Existing Public Right-of-Way on Houret Court for the Benefit of a Residential Project Located at 1752 Houret Court (Staff Contact: Matt Cano, Assistant City Manager 408-586-3012; and Arthur Valderrama, Principal Civil Engineer, 408-586-3355)
City Manager Thomas introduced the time. Public Works Engineering Division Manager Alonzo presented the report.

Mayor Montano opened the public hearing.

There were the following speakers:

1. Voltaire Montemayor
Mayor Montano closed the public hearing.

After discussion, motion: to adopt Resolution No. 9315 for the summary vacation of a portion of the

April 2, 2024 Milpitas City Council Minutes Page 5
existing Public Right-of-Way on Houret Court.

Motion/Second: Vice Mayor Chua/Councilmember Lien
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo

LEADERSHIP AND SUPPORT SERVICES

14. Introduce Ordinance 314, Adding Chapter 15 (“Residential Trespass, Canvassing and Solicitation”) to Title V (“Public Health, Safety and Welfare”) of the Milpitas Municipal Code (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) City Attorney Mutalipassi introduced the item. Assistant City Attorney Creech presented the report and provided additional background.

There were the following public speakers:

1. Loreto Quevedo Diamandaal

2. Voltaire Montemayor
City Attorney Mutalipassi announced a minor change to the ordinance language.

Councilmember Phan thanked the attorney's office for their work on the matter. He voiced reservations about the about the potential negative impact of restricting solicitation, particularly in terms of community image and democratic principles, emphasizing the importance of open dialogue and embracing differences. He questioned the effectiveness of current solicitation ordinances and suggested that targeting commercial properties and public spaces might be more beneficial. City Attorney Mutalipassi suggested that a commercial solicitation ordinance could be added as a seperate prioritization item.

Vice Mayor Chua questioned the strategy for disseminating information to residents. Assistant City Attorney Creech deferred to the Public Information Officer for strategy on public education and outreach, such as social media posts, website updates, and potential press releases, and noted the ordinance itself includes provisions for educating solicitors and canvassers about the city's regulations.

Vice Mayor Chua added that the next step should be addressing a commercial solicitation ordinance.

Mayor Montano spoke on the hazard of solicitation in the right of way.

Vice Mayor Chua made a motion: to waive the reading beyond the title and introduce Ordinance 314, which would add Chapter 15 to Title V of the Milpitas Municipal Code to prohibit the trespass of canvassers, solicitors and others on residential property, make findings of exemption from environmental review pursuant to CEQA Guidelines Sections 15061(b)(3), 15183, 15305, and 15378, and update the language on Title V-15-3.06 from forbiting to forbidding. Mayor Montano seconded the motion.

City Attorney Mutalipassi read aloud the title of the ordinance.

Upon a call for the question, the motion failed:

After discussion, motion: to (1) Following the City Attorney reading aloud the title, move to waive the reading beyond the title and introduce Ordinance 314, which would add Chapter 15 to Title V of the

April 2, 2024 Milpitas City Council Minutes Page 6
Milpitas Municipal Code to prohibit the trespass of canvassers, solicitors and others on residential property; and (2) Make findings of exemption from environmental review pursuant to CEQA Guidelines Sections 15061(b)(3), 15183, 15305, and 15378.

Motion/Second: Vice Mayor Chua/Mayor Montano
Failed by the following:

AYES: Mayor Montano, Vice Mayor Chua
NOES: Councilmember Lien, Councilmember Phan
ABSENT: Councilmember Barbadillo

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Vice Mayor Chua thanked the City Manager's Office and Police Chief Hernandez for the retail theft prevention forum, and thanked the City Manager's office for the community band certificates. She made a request to explore changing or enhancing the focus of the community advisory commission to add housing. There was consensus to add the item to the prioritization list (No: Montano; Absent: Barbadillo) Councilmember Lien acknowledged the dedicated efforts of the Public Works department. She also noted the City's collaboration with the Rotary Club to plant a tree in honor of Arbor Day, despite encountering rainfall during the previous weekend.

ADJOURNMENT
Mayor Montano adjourned the meeting at 9:12 pm
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

April 2, 2024 Milpitas City Council Minutes Page 1

SPECIAL JOINT MEETING OF THE MILPITAS

CITY COUNCIL, CUPERTINO SANITATION

DISTRICT, AND BURBANK SANITARY

DISTRICT

MINUTES
TUESDAY, APRIL 2, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA The City Council of the City of Milpitas convened on the City Council meeting day in a Special Joint Meeting of the Milpitas City Council, Cupertino Sanitary District, and Burbank Sanitary District on April 2, 2024, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Joint Special Meeting of the Milpitas City Council, Cupertino Sanitary District, and Burbank Sanitary District to order at 7:04 PM and announced that Councilmember Barbadillo would be participating remotely from The Westin Palace, Madrid, Plaza de las Cortes,7, Madrid, Spain 28014 pursuant to California Government Code Section 54953, and both the Cupertino Sanitary District and Burbank Sanitary District were participating remotely from 20863 Stevens Creek Boulevard, Suite 100, Cupertino, CA 95014 Pursuant to California Government Code Section 54953. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan ABSENT: Councilmember Barbadillo

ADJOURN TO CLOSED SESSION
City Attorney Mutalipassi introduced the item to be heard during Closed Session.

There were the following public speakers:

1. Voltaire Montemayor
The City Council adjourned to Closed Session at 7:08 PM. (a) CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Government Code § 54956.9
County Sanitation District 2-3, et al. v. City of San Jose, et al., Santa Clara Superior Court Case number 18CV325480
City as Plaintiff
Legal Counsel: Tom Boer, AnnMarie Mortimer, Robin Wall, Marc Hynes, Valerie Armento, Erica Gonzalez, and Michael Mutalipassi
The City Council reconvened at 8:15 PM.

CLOSED SESSION ANNOUNCEMENT:

City Attorney Mutalipassi noted there was nothing to report out from the Special Joint Meeting Closed Session.

ADJOURNMENT
Mayor Montano adjourned the Special Meeting at 8:17 PM/ Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 4/11/2024
May 7, 2024 – Regular Meeting

CLOSED SESSION
• Labor Relations
INVOCATION (Vice Mayor Chua)

PRESENTATION
- Affordable Housing and Building Safety Month (Proclamation) - National Mental Health Awareness Month (Proclamation) - Older Americans Month (Proclamation)

CONSENT CALENDAR

1. Receive City Council calendar for May 2024 (City Clerk)

2. Approve City Council Meeting minutes of April 16, 2024 (City Clerk)

3. Preview list of items for May 21, 2024 (City Clerk)

4. Councilmember Request List (City Clerk)

5. RideCo Contract Amendment (Planning)

6. Award of Library Roof Replacement (Public Works)

7. Improvement Agreement: 1490 S. Park Victoria Dr. (Chevron) (Public Works / Engineering)

8. Initial Acceptance: 1400 S Park Victoria (Park Town Plaza) (Public Works / Engineering)

9. Initial Acceptance: 755 E. Calaveras Bl (Chick-fil-A) (Public Works / Engineering)

10. Maintenance Agreement: 1752 Houret Ct. (City Ventures) (Public Works / Engineering)

11. O&M Agreement: 1752 Houret Ct. (City Ventures) (Public Works / Engineering)

12. O&M Agreement: 554 S. Main St. (Extra Shine Car Wash) (Public Works / Engineering)

13. SIA w/Final Map: 1355 California Cl (Pulte) (Public Works / Engineering)

14. Improvement Agreement - 475 Sycamore Drive (Public Works / Engineering)

15. LLMD 95-1 (McCarthy Ranch) Resolution to Levy and Collect Assessments and Set a Public Hearing (Public Works / Engineering)

16. LLMD 98-1 (Sinclair Horizon) Resolution to Levy and Collect Assessments and Set a Public Hearing (Public Works / Engineering)

17. Community Heroes Policy (Recreation)

PUBLIC HEARINGS

18. Approve the FY 24-25 User and Regulatory Fee Schedule (Finance)

19. Community Facilities District Annexation for 1355 California Circle (Public Works / Engineering)

20. Appeal of Planning Commission Decision on Smoke Shop at 1225 Jacklin Road (Planning)

LEADERSHIP AND SUPPORT SERVICES

21. Measure F Revenue Enhancement Extension (City Manager)

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS

OPEN ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Explore changing or enhancing the focus of the
community advisory commission to add housing Chua 4/2/2024 This item will be considered as part of the
next City Council prioritization discussion
2 Honor military residents by selecting several at one
given month during the year for recognition with
banners displayed on Main Street Chua 3/19/2024
This item will be considered as part of the
next City Council prioritization discussion
3 Explore options for revisions to ADU ordinance Chua 3/5/2024 This item will be considered as part of the
next City Council prioritization discussion
4 Explore an Arts Month Event where commissioners
can exhibit their Art Chua 3/5/2024
This item will be considered as part of the
next City Council prioritization discussion

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
5 Request that the Arts Commission explore
alternatives for future of statue in front of City Hall Phan 1/30/2024 An update was included in the February 20th
Council prioritization reprt.
6 Update the Commissioner Handbook to include an
option for outgoing commissioners to make
presentations to other commissions Chua 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
7 Workshop for retailers focusing on best practices
and safety with plans for quarterly sessions Chua 1/23/2024 An update was included in the February 20th
Council prioritization reprt.
8 Explore possibility of naming the County library on
Main Street Phan 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
9 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
This item was approved to move forward as
part of the February 20th Council
prioritization
10 Bring back Bingo and the Tour at the Senior
Center Chua 11/7/2023
An update was included in the February 20th
Council prioritization reprt.
11 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update was included in the February 20th
Council prioritization reprt.
12 Consider a possible ordinance or policy regarding
solicitations at home Barbadillo 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
13 Main Street International Festival Lien 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
14 Have the Police Chief direct staff to complete an
analysis in partnership with the County to
determine if it would be beneficial to have a
location where residents can pickup Narcan
Chua 9/5/2023
An update was included in the February 20th
Council prioritization reprt.
15 Explore taking steps towards becoming a Charter
City Phan 9/5/2023
An update was included in the February 20th
Council prioritization reprt.
16 Human Resources Director to conduct a job fair
specific to the job openings at City Hall Chua 5/2/2023 An update was included in the February 20th
Council prioritization reprt.
17 Pickleball Pilot Project Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
18 Main Street Infrastructure Projects Montano 2/28/2023 An update was included in the February 20th
Council prioritization reprt.
19 Main Street Flooding at Library Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
20 Satellite Consulate Office Montano 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
21 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update was included in the February 20th
Council prioritization reprt.
22 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center
Chua 9/20/2022
An update was included in the February 20th
Council prioritization reprt.

NOTE: Deferred and Completed Items are not listed

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
23 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
An update was included in the February 20th
Council prioritization reprt.
24 City Manager look into implementing a workshop
for small businesses on the bidding process for
projects in the city Chua 8/9/2022
An update was included in the February 20th
Council prioritization reprt.
25 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
26 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
27 Evaluate reopening the childcare center with a nonprofit organization running the center Montano 2/1/2022An update was included in the February 20th Council prioritization reprt.
28 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update was included in the February 20th
Council prioritization reprt.
29 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
An update was included in the February 20th
Council prioritization reprt.
30 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
An update was included in the February 20th
Council prioritization reprt.
31 Consider Community Museum and Park on Main
St. Phan 8/20/2019
to Rules Subcommittee 8/23/2019. Moved
to Specific Plan Community Conversation
events.

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:

NOTE: Deferred and Completed Items are not listed

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/16/2024
Recommendation: Receive Mayor Montano's recommendations and confirm appointments to City Commissions.

Background:

The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas. Commissioner appointments and removals are governed by various sections of the California Government Code, Milpitas Municipal Code, and the adopted Milpitas Commissioner Handbook and By-Laws.

Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are then presented to the Mayor for consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor, subject to City Council approval, assumes the responsibility for appointments to boards, commissions, and committees unless otherwise specifically provided for by statute.

Current Commissioners may seek to be reappointed upon the expiration of their current term, but reappointment to a new term is not automatic. Those Commissioners seeking reappointment must contact the City Clerk and the Mayor to convey their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.

Analysis:

Appointments are as follows:

Economic Development and Trade Commission:

1. Appoint Bhagvat Bimalkumar to the Hospitality seat with a term ending April 2027.

The City Clerk's office has reviewed and confirmed all recommended Commissioner appointments.

Fiscal Impact:

There is no fiscal impact associated with this item.

CEQA:

The action is continuing administrative or maintenance activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378.

Recommendation:

Receive Mayor Montano's recommendations and confirm appointments to City Commissions.

Attachments:
(a) Commission Application

From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Monday, March 4, 2024 1:34:12 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.

Commission Applications
Commission /
Committee Applying
for:

Economic Development and Trade Commission
First Name BIMALKUMAR
Last Name BHAGVAT
Address Type Residence
Address
City MILPITAS
State CA
Zip Code 95035
Phone Number
Email Address
Present Employer K B & SON
Other Phone
Business Address
(Optional)
City FREMONT
State CA
Zip Code 94539
Occupation GENERAL MANAGER AT LARGE
Education: If Youth Field not completed.

Advisory Commission
applicant, indicate your
grade / school:

College, Professional,
Vocational, or other
schools attended
Field not completed.

Major Subject CHEMISTRY
Degree BACHELOR AND FIRST YEAR MASTER
List community organizations to which you belong or have belonged (additional information may be attached).

Name of Organization GOPIO
Member VICE PRESIDENT
Name of Organization BAPS , LNSO ,ISSO
Member PUBLIC RELATION
Name of Organization AIA
Member ACTIVE MEMBER & EVENT ORGANIZER
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Branch of Military Field not completed.

Officer Field not completed.

Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):

I am US senior citizen live in Milpitas since 2001 .I am in hotel business since 1995.I have very vast experience in hospitality and can utilize it for the benefit of City of Milpitas. I also operated hotel in city from 2001 thru 2005. I am also helping one hotel for sales and marketing in city for few years. I have been very well aware of community and areas in city and I am a people person.

I have served as volunteer in many organization and events in Milpitas. Being in hotel business I can certain help with some events to boost up business revenues in Milpitas. This is high time for me to launch myself in such position to exchange my ideas and strategies. I am proud resident of Milpitas and I love my city , city council , mayor , police dept. Our police dept. is doing great job to keep our city safe and clean. I need an opportunity in hospitality commission to prove my capabilities to enhance our business revenues. God bless America and
Milpitas.

Upload a File Field not completed.

Date 3/4/2024
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.

Name BIMALKUMAR . D . BHAGVAT
Email not displaying correctly? View it in your browser.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Reallocation of American Rescue Plan Act Funds (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3053)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/16/2024
Recommendation: (1) Approve the reallocation of funding within the American Rescue Plan Act Fund and the General Fund to ensure completion of the programs in the ARPA Investment Plan previously approved by Council; and (2) Adopt the resolution authorizing the reallocation of funding within the American Rescue Plan Act Fund balance as of March 31, 2024 and the General Fund to fund certain City staff positions during Fiscal Year 2023-2024 and to ensure completion of programs in the ARPA Investment Plan previously approved by Council.

BACKGROUND
On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan into law, providing critical fiscal relief for state, local, tribal, and territorial governments, families, communities, and small businesses fighting the COVID-19 pandemic. The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), established by the American Rescue Plan Act (ARPA), delivered $350 billion to state, local, territorial, and tribal governments to support the response to and recovery from the COVID-19 public health emergency.

Although the funding name is Coronavirus State and Local Fiscal Recovery Funds or “SLFRF”, staff will refer to the funding name in this agenda report as “ARPA” to be consistent with prior documents presented to Council.

The City of Milpitas was allocated and received $16,736,815 in ARPA grant funding. On June 21, 2021, Council adopted the ARPA Investment Framework consisting of fiscal guiding principles and five investment areas to determine how to spend the City’s ARPA allocation. This agenda report also stated that staff intended to document the use of ARPA Funds under the revenue replacement category, which allowed the City to reimburse itself for lost revenue due to the pandemic, and use that revenue to support certain government services. According to staff calculations using the prescribed U.S. Treasury Department methodology, the City lost $45 million in revenue in 2021; therefore, the entire $16.7 million ARPA allocation was eligible to offset government services expenditures.

Spending funds under the SLFRF Revenue Replacement category allows the City to fund a wide array of potential expenditures, including general government administration such as covering the wages of local government employees. Expenses incurred beginning March 3, 2021 through December 31, 2024 is the timeframe the City can cover costs associated with wages, including reimbursement of previous costs (back to March 3, 2021) and supplanting previously budgeted and future costs. The City has the option to reimburse itself for all or a portion of wages incurred any time between March 3, 2021, up until December 31, 2024.

However, it is important to note that ARPA funds cannot be utilized for debt service, replenish rainy-day funds, cover legal judgments, compensate elected officials, or make pension payments.

On August 9, 2021, Council approved using ARPA funds for 25 programs in the ARPA Investment Plan specifically focused on five investment areas: community services, economic vitality, infrastructure, public safety, and technology. On March 18, 2024, staff provided to Council an informational memorandum describing the status of each program as of February 14, 2024.

The December 31, 2024 deadline to obligate ARPA funds is approaching. ARPA grantees must obligate all ARPA funds (e.g., encumber funding through the issuance of contracts/purchase orders) by December 31, 2024, and expend all ARPA funds by December 31, 2026. Otherwise, the respective ARPA grantee must return unobligated and/or unexpended ARPA funds to the U.S. Department of Treasury (“Treasury”). Staff has reviewed the ARPA regulations promulgated by the Treasury and conferred with AG Witt, the City’s government and regulatory advisor, regarding options to retain the ARPA grant funds within the Milpitas community while meeting the ARPA obligation and expenditure deadlines.

ANALYSIS
Due to the uncertainty of what may be considered obligated under Treasury guidelines, staff recommends fund reallocations between the ARPA Fund and the General Fund to mitigate any impacts to the programs in the ARPA Investment Plan previously authorized by Council. As of March 9, 2024, approximately $9.0 million of the allocated $16.7 million in ARPA funds was expended, with a remaining balance of $7.7 million. Staff recommends reallocating this remaining ARPA balance less expenditures through March 31, 2024, to the City’s General Fund for the purposes of funding wages associated with certain City staff for Fiscal Year 2023- 2024, as detailed in Table 1. The precise amount of the budget reallocation will be determined after the quarter close.

This budget action and subsequent transfer of staff expenditures from the General Fund to the ARPA Fund will enable $7.7 million, less expenditures through March 31, 2024, of programs currently budgeted in the ARPA Fund to be budgeted in the General Fund as shown in Table 2. The recommended actions will not affect any services previously authorized by the Council and will result in the obligation of all ARPA funds prior to the December 31, 2024 obligation deadline, and subsequent expenditure of the ARPA funds prior to the December 31, 2026 expenditure deadline.

All the staff positions and respective salaries proposed for reallocation provide a direct service to the community and to the long-term future growth and development of Milpitas. Not only are these positions the face of the City, but they perform duties that are the backbone of the City. For example, the Public Works maintenance staff plays a crucial role in ensuring the reliability and safety of essential infrastructure such as roads, water/sewer, public facilities, landscaping, and parks. Proper maintenance of critical infrastructure enhances the overall quality of life for residents and businesses in Milpitas. Reallocating the remaining ARPA grant balance to fund Department staff wages will enable the City to finalize its ARPA expenditures, ensuring compliance with Treasury guidelines.

Any funding or program changes within the ARPA Investment Plan will be presented to Council in a future Council meeting.

Table 1 Recommended Reallocation of Department’s Staff Wages from the General Fund to ARPA Fund Department Name Function Name
Estimated wages
as of March 9, 2024
Finance Finance Administration $ 630,157
Finance Finance Operations 718,843
Finance Fiscal Services-Utilities 89,725
Finance Total 1,438,725
Public Works Compliance 12,729
Public Works Facilities Maintenance 768,550
Public Works Parks Maintenance 17,555
Public Works Public Works Administration 291,777
Public Works Street Maintenance 255,286
Public Works Trees & Landscape Maintenance 206,763
Public Works Utility Maintenance 112,239
Public Works Total 1,664,899
Planning Long Range Planning 13,367
Planning Planning 739,692
Planning Total 753,059
Recreation & Community Services General Classes 39,744
Recreation & Community Services Marketing 68,693
Recreation & Community Services Performing Arts 29,195
Recreation & Community Services Recreation Administration 568,026 Recreation & Community Services Senior Citizen Services 94,879 Recreation & Community Services Social Services 41,227
Recreation & Community Services Special Events 53,287
Recreation & Community Services Sports & Fitness Classes 118,864 Recreation & Community Services Youth Program 53,348
Recreation & Community Services Total 1,067,263
Building Safety & Housing Building Inspection 896,864
Building Safety & Housing Administration 159,763
Building Safety & Housing Housing and Neighborhood Services 322,053 Building Safety & Housing Permit Center 246,884
Building Safety & Housing Plan Review 597,781
Building Safety & Housing Total 2,223,345
Engineering Design & Construction 164,432
Engineering Land Development 209,018
Engineering Traffic Engineering 179,257
Engineering Total 552,708
Grand Total1 $ 7,700,000
The data listed above was prepared as of March 9, 2024. The latest remaining balance as of March 31, 2024 was approximately $7.1 million.

Table 2: Recommended Reallocations of Programs in the ARPA Fund to the General Fund ARPA Investment Plan
No. Program
Status as of
Feb 14, 2024
Approved
Appropriation
Expenditures as
of Dec 31, 2023 Balance
%
Remaining
Community Services
1 Rent and Mortgage Relief In Progress $1,100,000 $688,160 $411,840 37.4% 2 Social Services In Progress $500,000 $443,314 $56,686 11.3% 3 Financial Assistance to Lowand Moderate-Income
Residents for Water Utility
Payments and Childcare Costs In Progress $575,000 $279,288 $295,712 51.4% 4a Beautify Milpitas Program In Progress $100,000 $21,810 $78,190 78.2% 4b Weed Abatement Complete $90,000 $89,961 $39 0.0%
5 Homeless Outreach and
Assessment In Progress $100,000 $57,897 $42,103 42.1%
6 Public Works Maintenance
Staffing In Progress $172,344 $0 $172,344 100.0%
Subtotal $2,637,344 $1,580,430 $1,056,914 40.1%
Economic Vitality
7 Small Business Assistance
Grant Program Complete $1,565,100 $1,565,100 $0 0.0%
8 Hotel Assistance Grant
Program Complete $130,000 $130,000 $0 0.0%
9 Accessory Dwelling Unit
Program In Progress $990,000 $605,277 $384,723 38.9%
10 Storefront Improvement Grant
Program In Progress $365,000 $0 $365,000 100.0%
11 Community Events In Progress $125,000 $105,006 $19,994 16.0% 12 Workforce Development
Program In Progress $300,000 $224,750 $75,250 25.1%
13 Limited Term Economic
Development Specialist Position In Progress $330,000 $233,074 $96,926 29.4% 14 Business Improvement District In Progress $126,500 $40,906 $85,540 67.6% Subtotal $3,931,600 $2,904,113 $1,027,433 26.1%
Infrastructure
15 Park Rehabilitation (1) In Progress $4,386,815 $1,289,220 $3,097,595 70.6% 16 Public Safety Facilities'
Rehabilitation In Progress $250,000 $0 $250,000 100.0%
17 Mobile Emergency Operations
Center (MEOC) In Progress $425,000 $3,091 $421,909 99.3% Subtotal $5,061,815 $1,292,311 $3,769,504 74.5%

Table 2: Recommended Reallocations of Programs in the ARPA Fund to the General Fund ARPA Investment Plan
No. Program
Status as of
Feb 14, 2024
Approved
Appropriation
Expenditures as
of Dec 31, 2023 Balance % Remaining
Public Safety
18 Public Safety Staffing Complete $1,200,000 $1,200,000 $0 0.0% 19 Fire Pumper Truck
Equipment In Progress $920,000 $455,580 $464,420 50.5%
20 Emergency
Management Program
Assessment Study In Progress $200,000 $180,748 $19,253 9.6% 21 Catalytic Converter
Public Safety Initiative Complete $200,000 $65,562 $134,438 67.2% Subtotal $2,520,000 $1,901,890 $618,110 24.5%
Technology
22 Human Resources
Information System In Progress $1,100,000 $0 $1,100,000 100.0% 23 Cybersecurity Programs
and Training Complete $300,000 $269,123 $30,877 10.3%
24 Technology
Infrastructure In Progress $710,000 $610,520 $99,480 14.0% Subtotal $2,110,000 $879,643 $1,230,35 58.3%
Administration
25 ARPA Funds
Administration In Progress $350,000 $117,010 $232,990 66.6% Subtotal $350,000 $117,010 $232,990 66.6%
26 ARPA Funds -
Unallocated $126,056 $0 $126,056 100.0%
Grand Total $16,736,815 $8,675,397 $8,061,36 48.2%
The data listed above aligns with State and Local Fiscal Recovery Funds (SLFRF) Compliance Report Project and Expenditure Report Q4 2023 as of December 31, 2023. The latest remaining balance as of March 31, 2024 was approximately $7.1 million.

POLICY ALTERNATIVES
Alternative: Do not reallocate funding between the ARPA fund balance and General Fund Pros: None
Cons: Risk losing funding that is not obligated per federal requirements (contracts awarded an/or orders placed) by the December 31, 2024 obligation deadline Reasons for Not Recommending:

Reallocating funding between the ARPA fund balance and the General Fund will ensure all ARPA funds provided to the City will be obligated and expended prior to the December 31, 2024 deadline.

Fiscal Impact
If Council approves the reallocation of funding within the ARPA Fund (Fund 180 ARPA) and General Fund (Fund 100), the ARPA funding will be fully expended before the December 31, 2024 obligation deadline. The risk of losing ARPA funding will be eliminated, and staff can continue implementing the programs in the former ARPA Investment Plan.

California Environmental Quality Act
The recommendation is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

RECOMMENDATION

1. Approve the reallocation of funding within the American Rescue Plan Act Fund and the General Fund to ensure completion of the programs in the ARPA Investment Plan previously approved by Council.

2. Adopt the resolution authorizing the reallocation of funding within the American Rescue Plan Act Fund balance as of March 31, 2024 and the General Fund to fund certain City staff positions during Fiscal Year 2023-2024 and to ensure completion of programs in the ARPA Investment Plan previously approved by Council.

ATTACHMENTS
(a) Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADOPTING THE REALLOCATION OF FUNDING WITHIN THE CITY’S
AMERICAN RESCUE RECOVERY ACT FUND BALANCE AS OF MARCH 31, 2024 AND THE GENERAL FUND TO FUND CERTAIN CITY STAFF
POSITIONS WAGES DURING FISCAL YEAR 2023-2024 AND ENSURE

COMPLETION OF PROGRAMS IN THE ARPA INVESTMENT PLAN

PREVIOUSLY APPROVED BY COUNCIL
WHEREAS, on March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan into law, providing critical fiscal relief for state, local, tribal, territorial governments, families, communities, and small businesses fighting the COVID-19 pandemic. The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), authorized by the American Rescue Plan Act (ARPA), delivered $350 billion to state, local, territorial, and Tribal governments to support the response to and recovery from the COVID-19 public health emergency; and
WHEREAS, the City of Milpitas received $16,736,814 in SLFRF grant allocation, herein referred to as “ARPA”, of which 50 percent was received in June 2021 and the remaining amount in June 2022; and
WHEREAS, any ARPA funds not obligated by December 31, 2024 must be returned to the U. S.

Department of Treasury, with the federal government definition of obligation as an order placed for property and services and entering into contracts, subawards, and similar transactions that require payment; and
WHEREAS, any ARPA funds not expended by December 31, 2026 must be returned to the U. S.

Department of Treasury; and
WHEREAS, under the U.S. Department of the Treasury’s Coronavirus State and Local Fiscal Recovery Funds: 2022 Final Rule, January 2022, the City, within the revenue loss category, may use its full allocation of ARPA funding for general government services up to the amount of revenue the City lost due to the pandemic;
WHEREAS, certain expenditures incurred from March 3, 2021 through December 31, 2024 are eligible for ARPA funding under the SLFRF Revenue Replacement category, which include covering the wages of local government employees; and
WHEREAS, the City of Milpitas recognizes $7.7 million, less expenditures through March 31, 2024, of revenue loss reimbursement that will be used to fund various City staff wages for Fiscal Year 2023-2024, with the precise budget reallocation to be determined as of March 31, 2024; and WHEREAS, this budget action and subsequent movement of various Department City staff expenditures from the General Fund to the ARPA Fund will enable $7.7 million, less expenditures through the end of March 2024, of programs currently budgeted in the ARPA Fund to be budgeted in the General Fund; and
WHEREAS, all the staff positions and respective salaries proposed for reallocation provide a direct service to the community and to the long-term future growth and development of Milpitas, are the face of the City, and perform duties that are the backbone of the City; and

WHEREAS, the recommended budget actions will not affect any services previously authorized by the Council and will result in the expenditure or obligation of all ARPA funds prior to the December 31, 2024 obligation deadline, ensuring compliance with the U.S. Department of the Treasury’s guidelines outlined in the Coronavirus State and Local Fiscal Recovery Funds: 2022 Overview of the Final Rule, dated January 2022.

NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2. The City Council shall approve the reallocation of funding within the American Rescue Plan Act Fund and the General Fund to ensure completion of the programs in the ARPA Investment Plan previously approved by Council. The City shall reallocate the $7.7 million ARPA Fund balance, less expenditures incurred through March 31, 2024, to the City General Fund for the purposes of funding and covering wages associated with various Department City staff for Fiscal Year 2023- 2024, as detailed in Table 1. This budget action and subsequent transfer of various Department City staff expenditures from the General Fund to the ARPA Fund will enable $7.7 million, less expenditures through March 31, 2024, of programs currently budgeted in the ARPA Fund to be budgeted in the General Fund, as shown in Table 2. The precise amount of the budget reallocation will be determined as of March 31, 2024.

Table 1: Recommended Reallocation of Department’s Staff Wages from the General Fund to ARPA Fund
Department Name Function Name
Estimated
Wages as of March
9,2024
Finance Finance Administration
$
630,157
Finance Finance Operations

718,843
Finance Fiscal Services-Utilities

89,725
Finance Total

1,438,725
Public Works Compliance

12,729
Public Works Facilities Maintenance

768,550
Public Works Parks Maintenance

17,555
Public Works Public Works Administration

291,777
Public Works Street Maintenance

255,286
Public Works Trees & Landscape Maintenance

206,763

Public Works Utility Maintenance

112,239
Public Works Total

1,664,899
Planning Long Range Planning

13,367
Planning Planning

739,692
Planning Total

753,059
Recreation & Community Services General Classes

39,744
Recreation & Community Services Marketing

68,693
Recreation & Community Services Performing Arts

29,195
Recreation & Community Services Recreation Administration

568,026
Recreation & Community Services Senior Citizen Services

94,879
Recreation & Community Services Social Services

41,227
Recreation & Community Services Special Events

53,287
Recreation & Community Services Sports & Fitness Classes

118,864
Recreation & Community Services Youth Program

53,348
Recreation & Community Services Total

1,067,263
Building Safety & Housing Building Inspection

896,864
Building Safety & Housing Administration

159,763
Building Safety & Housing
Housing and Neighborhood
Services

322,053
Building Safety & Housing Permit Center

246,884
Building Safety & Housing Plan Review

597,781
Building Safety & Housing Total

2,223,345
Engineering Design & Construction

164,432
Engineering Land Development

209,018
Engineering Traffic Engineering

179,257
Engineering Total 552,708
Grand Total (1) $ 7,700,000

(1) The ground total is rounded.

The data listed above was prepared as of March 9, 2024. The latest remaining balance as of March 31, 2024 was approximately $7.1 million.

Table 2: Recommended Reallocations of Programs in the ARPA Fund to the General Fund ARPA Investment Plan
No. Program
Status as of
Feb 14, 2024
Approved
Appropriation
Expenditures as
of Dec 31, 2023 Balance
%
Remaining
Community Services
1 Rent and Mortgage Relief In Progress $1,100,000 $688,160 $411,840 37.4% 2 Social Services In Progress $500,000 $443,314 $56,686 11.3% 3 Financial Assistance to Lowand Moderate-Income
Residents for Water Utility
Payments and Childcare
Costs In Progress $575,000 $279,288 $295,712 51.4%
4a Beautify Milpitas Program In Progress $100,000 $21,810 $78,190 78.2% 4b Weed Abatement Complete $90,000 $89,961 $39 0.0%
5 Homeless Outreach and
Assessment In Progress $100,000 $57,897 $42,103 42.1%
6 Public Works Maintenance
Staffing In Progress $172,344 $0 $172,344 100.0%
Subtotal $2,637,344 $1,580,430 $1,056,914 40.1%
Economic Vitality
7 Small Business Assistance
Grant Program Complete $1,565,100 $1,565,100 $0 0.0%
8 Hotel Assistance Grant
Program Complete $130,000 $130,000 $0 0.0%
9 Accessory Dwelling Unit
Program In Progress $990,000 $605,277 $384,723 38.9%
10 Storefront Improvement
Grant Program In Progress $365,000 $0 $365,000 100.0%
11 Community Events In Progress $125,000 $105,006 $19,994 16.0% 12 Workforce Development
Program In Progress $300,000 $224,750 $75,250 25.1%
13 Limited Term Economic
Development Specialist
Position In Progress $330,000 $233,074 $96,926 29.4%
14 Business Improvement
District In Progress $126,500 $40,906 $85,540 67.6%
Subtotal $3,931,600 $2,904,113 $1,027,433 26.1%
Infrastructure
15 Park Rehabilitation (1) In Progress $4,386,815 $1,289,220 $3,097,595 70.6% 16 Public Safety Facilities'
Rehabilitation In Progress $250,000 $0 $250,000 100.0%
17 Mobile Emergency
Operations Center (MEOC) In Progress $425,000 $3,091 $421,909 99.3% Subtotal $5,061,815 $1,292,311 $3,769,504 74.5%

Table 2 Continued: Recommended Reallocations of Programs in the ARPA Fund to the General Fund
ARPA Investment Plan
No. Program
Status as of
Feb 14, 2024
Approved
Appropriation
Expenditures
as of Dec 31,
2023 Balance
%
Remaining
Public Safety
18 Public Safety Staffing Complete $1,200,000 $1,200,000 $0 0.0% 19 Fire Pumper Truck
Equipment In Progress $920,000 $455,580 $464,420 50.5%
20 Emergency
Management Program
Assessment Study In Progress $200,000 $180,748 $19,253 9.6% 21 Catalytic Converter
Public Safety
Initiative
Complete $200,000 $65,562 $134,438 67.2%
Subtotal $2,520,000 $1,901,890 $618,110 24.5%
Technology
22 Human Resources
Information System In Progress $1,100,000 $0 $1,100,000 100.0% 23 Cybersecurity
Programs and
Training Complete $300,000 $269,123 $30,877 10.3%
24 Technology
Infrastructure In Progress $710,000 $610,520 $99,480 14.0% Subtotal $2,110,000 $879,643 $1,230,35 58.3%
Administration
25 ARPA Funds
Administration In Progress $350,000 $117,010 $232,990 66.6% Subtotal $350,000 $117,010 $232,990 66.6%
26 ARPA Funds -
Unallocated $126,056 $0 $126,056 100.0%
Grand Total $16,736,815 $8,675,397 $8,061,36 48.2%
The data listed above aligns with State and Local Fiscal Recovery Funds (SLFRF) Compliance Report Project and Expenditure Report Q4 2023 as of December 31, 2023. The latest remaining balance as of March 31, 2024 was approximately $7.1 million.

PASSED AND ADOPTED this day of , 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
__________________________ __________________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
____________________________
Michael Mutalipassi, City Attorney

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive Report on Funding for Rent and Mortgage Relief Program and Approve Transfer of $216,125 in Mortgage Relief Funds to Rent Relief (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing Division Manager, 408-586-3275)
Category: Consent Calendar-Community Development
Meeting Date: 4/16/2024
Recommendation: Receive report on funding for Rent and Mortgage Relief Program and approve shift of $216,125.00 in Mortgage Relief Funds to Rent Relief.

BACKGROUND:

On August 9, 2021, City Council received an update on the American Rescue Plan Act (ARPA) funded program. On September 7, 2021, City Council authorized the modification of the Rent Relief Program to the Rent and Mortgage Relief Program funded by ARPA. Of the $1,100,000 appropriated, $150,000 is being utilized to partially fund a 3-year limited term Administrative Analyst within the Housing Division. The remaining $950,000 covers the cost of program administration ($85,500). Per City Council direction, the remaining balance has been distributed with 75% ($648,375) for rent relief and 25% ($216,125) for mortgage relief. The rent relief portion of the program continues to have significant community demand.

ANALYSIS:

Rent Relief
Prior to the approval of additional funding, the City allocated $1,010,696 in rent relief from the Affordable Housing and Community Benefit fund, Community Development Block Grant (CDBG) funding, and the competitive grant awards secured from the Santa Clara County Emergency Food and Shelter Program. The original rent relief program provided aid to over 100 Milpitas families and over 300 individuals. The Rent and Mortgage Relief Program was estimated to benefit 130 households with rental assistance and 14 households with mortgage assistance.

In December 2022, the City officially launched the rent portion of the new Rent and Mortgage Relief Program.

To be eligible for rent relief, applicants must be a resident for at least 6 months, have experienced an economic hardship due to COVID-19, and be at or below 120% Area Median Income (AMI). The table below provides the income limits by household size for a family at 120% AMI.

Household Size 1 2 3 4 5 6
120% AMI $141,500 $161,750 $182,000 $202,000 $218,400 $234,500 In March 2023, the City officially launched the mortgage portion of the new Rent and Mortgage Relief Program.

To be eligible for mortgage relief, households must have experienced an economic hardship due to COVID-19, currently own one residential property and it must be primary residence of homeowner(s), has not received other forms of governmental or private assistance for the same period requested, and be at or below the 150% AMI limit for Santa Clara County. The table below provides the income limits by household size for a family at 150% AMI.

Household Size 1 2 3 4 5 6
150% AMI $176,950 $202,200 $227,500 $252,750 $273,000 $293,200

By the end of 2023, the City had provided 91 households with rent relief. City Housing staff and FORWARD, the Rent and Mortgage Relief Program Fiscal Administrator, discussed ways to improve outreach including informing previous recipients as they are eligible again in 2024. In early March 2024, FORWARD informed City staff that outreach was successful, and around 70% of rent relief funds were distributed. FORWARD also informed City staff that there were a number of applications being reviewed for quality assurance and FORWARD anticipated having a rent relief distribution of over 90% by April 2024. As of April 2, 2024, the City has provided 199 households with rent relief. This equates to 94% or $570,184.04 in rent relief funds.

FORWARD informed City staff that they had enough applications in the queue to fully expend all rent relief funds in April 2024.

Mortgage Relief
As of April 2, 2024, the City has received 12 applications for mortgage relief funds and issued no mortgage relief funds due to households being current on payments, requesting more than the maximum payment allowed, or not being Milpitas residents and therefore being ineligible. The City’s maximum of $15,000 in mortgage relief funds were created with the knowledge that the California Mortgage Relief Program is still open and provides up to $80,000 in mortgage relief. The City’s Program Administrator, FORWARD, works with local nonprofit organizations to help connect any resident who is requesting over the City of Milpitas maximum amount with the State’s program for a seamless transition. It should be noted that the City’s Mortgage Relief program specifically prohibits households from accessing both the City’s and the State’s mortgage relief funding. As such, a residents’ inability to access funding from both programs may be contributing to the lack of applicants for the City’s Mortgage Relief program.

Given the City has not been able to approve one eligible Mortgage applicant and the rent relief program is in high demand, Housing staff are recommending re-allocating the full remaining balance of $216,125 in mortgage relief funds towards rent relief.

FISCAL IMPACT:

The allocation for the Rent and Mortgage Relief Program is $1,100,000. Of the $1,100,000 appropriated, $150,000 is being utilized to partially fund a 3-year limited term Administrative Analyst within the Housing Division. The remaining $950,000 is for the Rent and Mortgage Relief program. The cost of program administration is $85,500. Per City Council direction, the remaining balance has been distributed with 75% ($648,375) for rent relief and 25% ($216,125) for mortgage relief. Re-allocation of mortgage relief funding to rent relief does not impact the total revenue and/or appropriation because the City has an executed agreement with FORWARD.

California Environmental Quality Act (CEQA):

The action is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

RECOMMENDATION:

Receive report on funding for Rent and Mortgage Relief Program and approve shift of $216,125.00 in Mortgage Relief Funds to Rent Relief.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive the July – December 2023 Report for Unhoused Services (Staff Contact:

Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing Division Manager, 408-586-3275)
Category: Consent Calendar-Community Development
Meeting Date: 4/16/2024
Recommendation: Receive the July – December 2023 report for unhoused services.

BACKGROUND:

In 2023, the City’s Point in Time (PIT) count surveying homelessness provided a count of 142 unsheltered individuals. From 2019 to 2023, the City showed an overall increase in PIT count individuals of 14%.

However, year over year, from 2022 to 2023, there was a 48% decrease in PIT count individuals in Milpitas.

The programs below demonstrate the City’s continuing efforts to support the City’s most vulnerable residents.

This report reflects the July - December 2023 progress for unhoused services in the City of Milpitas which consists primarily of two programs (1) Homeless outreach and assessment services and (2) mobile shower and laundry program.

For the homeless outreach and assessment program, City Council approved and authorized staff to enter into an agreement for homeless outreach and assessment services with Santa Clara County Office of Supportive Housing (OSH) on November 10, 2020. The County’s Homeless Engagement and Access Team (HEAT), via Abode Services, began conducting outreach in March 2021 to engage and provide resources to the City’s unhoused residents. On March 15, 2022, City Council approved using American Rescue Plan Act (ARPA) to continue funding HEAT through December 2023. In late 2023, OSH staff informed City staff that they would be discontinuing the agreement to provide HEAT services to the City of Milpitas as of the end of December 2023. As a result of this, the City has been without a dedicated outreach partner since January 2024. Currently City staff are working on a Request for Proposal (RFP) for a new homeless outreach provider which is set to open in April 2024.

For the mobile shower program, City Council directed staff to implement a six-month pilot mobile shower and laundry program on December 1, 2020. The nonprofit service provider, WeHOPE’s Dignity on Wheel program, began providing mobile shower and laundry services every Sunday starting March 21, 2021, on Winsor Street, immediately south of the Milpitas Library. On September 7, 2021, the City Council directed staff to continue the mobile shower and laundry program for an additional 12 months. On September 6, 2022, the City Council approved a continuation of services, and on April 4, 2022, the City Council approved gap funding to cover services through June 30, 2023. In July 2023, the City executed a second contract with WeHOPE for a not-to-exceed amount of $150,000 to continue the mobile shower and laundry program until June 30, 2026 with funding from the State of California, secured for the City by Assemblymember Alex Lee.

ANALYSIS:

Homeless outreach and assessment services
From July - December 2023, the HEAT Team continued to collaborate with City staff and the County Office of Supportive Housing to conduct outreach throughout Milpitas to engage and provide resources to the city’s unhoused residents. The HEAT Team provided basic needs items and transportation resources. The HEAT Team continued to foster rapport with unhoused residents to provide housing and employment resources, as well as to coordinate care with the Office of Supportive Housing. From July – December 2023, the HEAT Team enrolled 30 clients and completed 29 assessments. Adding to 240 clients enrolled and 265 clients assessed

since services began in March 2021, which totals 270 clients enrolled and 294 clients assessed. Since the HEAT Team has been conducting proactive outreach throughout Milpitas, service providers have been able to locate and connect with unhoused residents both at known and new locations. For the unhoused individuals that did not provide identifying information for the HEAT Team to enroll or assess, they provided food, water, and hygiene items. See Attachment 1 for the HEAT Team July – December 2023 reports.

Mobile Shower Program
From July – December 2023, WeHOPE provided 27 sessions to the unhoused community, providing a total of 645 showers and 304 loads of laundry, and serving 332 unduplicated individuals. See Attachment 2 for the WeHOPE Dignity on Wheels July – December 2023 summaries.

In addition to working closely with the above service providers, City departments continued to collaborate in providing assistance to local unhoused residents. For a summary of the various activities and services for Milpitas unhoused residents as described above, refer to Attachment 3 for the July – September 2023 report for unhoused services and Attachment 4 for the October – December 2023 report for unhoused services.

FISCAL IMPACT:

There is no fiscal impact on the City budget other than staff time related to this item.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION:

Receive the July – December 2023 report for unhoused services.

Attachment(s):
(a) July - September 2023 report for unhoused services
(b) October - December 2023 report for unhoused services (c) July – December 2023 HEAT Team reports
(d) July – December WeHOPE Dignity on Wheels summary

ATTACHMENT 3 JULY - SEP 2023 REPORT FOR UNHOUSED SERVICES Outreach Location Type Jurisdiction Unhoused
Count Date Counted
Date
Clients Enrolled Date Enrolled Clients
Assessed Date Assessed ClientsHoused
Date
Housed Notes Referred
1 Hillview Bridge Encampment Valley Water 1 7/13/2023 N/A 1 7/13/2023 1 7/13/2023 2 Topaz Street 1 Encampment City N/A
3 Serra Center Encampment Private Property N/A
4 Ocean Supermarket Encampment or Outreach Private Property N/A 5 Dixon Road 1 Encampment City N/A
6 Dixon Road 2 RV Vehicles City N/A
7 Calaveras Blvd Overpass Encampment City N/A
8 Dempsey Road 1 Encampment City N/A
9 Sinclair Frontage Road Encampment or Outreach Union Pacific Railroad 1 7/21/2023 N/A 1 7/21/2023 1 7/21/2023 10 Yosemite Business Park Encampment Private Property N/A 11 Gibraltar Court Trailers City N/A
12 Topaz Street 2 Encampment City N/A
13 Railroad Court Camp/Trailers City N/A
14 Abel Plaza Encampment Private Property 1 8/28/2023 N/A 15 S. Main Street Encampment City N/A
16 S. Abbott Avenue Encampment City (if on street) or County (if on County property) N/A
17 W. Calaveras Blvd Encampment City 1
3 9/18/2023
9/22/23 N/A 3 9/22/2023 3 9/22/2023
18 Ethyl Court Camp/Cars City N/A
19 Hammond Way Cars/Trailers or Outreach City N/A
20 Coyote Creek Trail 1 Encampment Valley Water 1 7/31/2023 N/A 1 7/31/2023 1 7/31/2023 21 Coyote Creek Trail 2 Encampment Valley Water 1
1 8/7/2023
8/16/2023 N/A 11
8/7/2023
8/16/2023 1 8/7/2023
22 Coyote Creek Trail 3 Encampment Valley Water 1 8/14/2023 N/A 1 8/14/2023 1 8/14/2023 23 Calaveras Plaza Shopping Center Outreach (contact made in non-encampment setting) N/A 1 8/22/2023 N/A 1 8/22/2023 24 Dignity on Wheels Mobile Shower and Laundry Outreach (contact made in non-encampment setting) N/A N/A 25 Dixon Landing Shopping Center Outreach (contact made in non-encampment setting) N/A N/A 26 Great Mall Outreach (contact made in non-encampment setting) N/A 1 1 7/10/2023
8/28/23 N/A 1 7/10/2023
27 Milpitas Library Outreach (contact made in non-encampment setting) N/A N/A 28 Main Street Outreach (contact made in non-encampment setting) N/A 1 1 9/1/2023
9/18/23 N/A 1 9/18/2023 1 9/18/2023
29 Other (Street, Panhandle, Vehicle Dweller, or Unidentified Location) Outreach (contact made in non-encampment setting) N/A 30 Dempsey Road 2 Encampment Private Property N/A
31 Serra Center Outreach (contact made in non-encampment setting) N/A N/A 32 E. Calaveras Blvd Outreach (contact made in non-encampment setting) N/A 1 1 7/13/2023
8/11/2023 N/A 1 7/13/2023
33 Dempsey Road 3 Outreach (contact made in non-encampment setting) N/A N/A 34 Galaxy Court Outreach (contact made in non-encampment setting) N/A N/A 35 Ranch Drive Outreach (contact made in non-encampment setting) N/A N/A 36 Jacklin Rd Outreach (contact made in non-encampment setting) City 1 1 7/18/2023
8/28/23 N/A 1 7/18/2023 1 7/18/2023
37 Folsom Ct Outreach (contact made in non-encampment setting) N/A N/A 38 Other (near Extended Stay) Outreach (contact made in non-encampment setting) N/A N/A 39 S. Park Victoria Outreach (contact made in non-encampment setting) N/A 1 8/9/2023 N/A 40 O'Toole Elms Park Outreach (contact made in non-encampment setting) City N/A 41 America's Best Value Inn Outreach (contact made in non-encampment setting) Private Property N/A 42 Milpitas Sports Center Park Outreach (contact made in non-encampment setting) City N/A 43 Foothill Park Outreach (contact made in non-encampment setting) City N/A 44 Washington Road Vehicle City N/A
45 Burley Drive Vehicle City N/A
46 W. Calaveras Blvd Outreach (contact made in non-encampment setting) N/A N/A 47 Albert Augustine Jr. Memorial Park Outreach (contact made in non-encampment setting) N/A N/A 48 N. Milpitas Bridge Encampment N/A N/A
49 Victorian Sqaure Outreach (contact made in non-encampment setting) N/A N/A 50 Calaveras 3 Encampment N/A 1 9/6/2023 N/A 1 9/6/2023 51 Cardoza Park Outreach (contact made in non-encampment setting) N/A N/A 52 Railroad Avenue Encampment N/A
2 2
1 1
8/21/2023
8/3/2023
9/1/23
9/11/23
N/A 1 9/1/2023 1 9/1/2023
53 Sunnyhills Shopping Center Outreach (contact made in non-encampment setting) N/A N/A 54 Pioneer Park Vehicle N/A N/A
55 McCarthy Ranch Vehicle N/A 1
1 8/28/2023
8/29/23 N/A
56 Yosemite 6 Encampment N/A 1
1 7/18/2023
8/14/2023 N/A
57 Beresford Square Outreach (contact made in non-encampment setting) N/A N/A 58 Escuela Parkway Outreach (contact made in non-encampment setting) N/A 59 Ames Ave Encampment N/A
2 1
1 2
1 1
1 7/6/2023
7/25/23
8/28/2023
9/11/23
9/21/23
9/25/23
9/29/23
1 1
7/6/2023
8/28/2023 1 9/11/2023
60 Dempsey 19 Encampment N/A
1 1
1 7/18/2023
7/25/23
8/11/2023
N/A 1
1 7/18/2023
8/11/2023 1 7/25/2023
61 Montague Encampment N/A 1 8/7/2023 N/A
62 Heritage Inn Outreach (contact made in non-encampment setting) N/A 1 8/22/2023 N/A 1 8/22/2023 63 Phone Outreach (contact made in non-encampment setting) N/A 2 2
1 1
1 2
1 1
2 8/2/2023
8/7/2023
8/8/2023
8/28/2023
8/29/2023
8/31/2023
9/20/2023
9/21/2023
9/29/23
64 Sinnott Lane Outreach (contact made in non-encampment setting) N/A 1 9/1/2023 65 Coyote St Outreach (contact made in non-encampment setting) N/A 1 9/1/2023 66 Landess Ave Outreach (contact made in non-encampment setting) N/A 1 9/4/2023 67 Strickroth Park Encampment N/A 1 9/20/2023
Total 63 18 16
WeHOPE Dignity on Wheels
Mobile Shower and Laundry
Session Location Service Dates Number of Sessions Total Unduplicated Individuals Served Showers Provided Loads of Laundry Provided Milpitas Library 9/3/2023, 9/10/2023, 9/17/2023, 9/24/2023 4 49 93 30 Milpitas Library 8/6/2023, 8/13/2023, 8/20/2023,8/27/2023 4 43 85 43 Milpitas Library 7/2/2023, 7/9/23, 7/16/23, 7/23/23, 7/31/230 5 70 146 57

ATTACHMENT 4 OCT - DEC 2023 REPORT FOR UNHOUSED SERVICES Outreach Location Type Jurisdiction Unhoused
Count Date Counted
Date
Clients Enrolled Date Enrolled Clients
Assessed Date Assessed ClientsHoused
Date
Housed Notes Referred
1 Hillview Bridge Encampment Valley Water N/A
2 Topaz Street 1 Encampment City N/A
3 Serra Center Encampment Private Property N/A
4 Ocean Supermarket Encampment or Outreach Private Property 2 12/19/23
12/22/23 N/A 1 12/22/2023 1 12/22/2023
5 Dixon Road 1 Encampment City N/A
6 Dixon Road 2 RV Vehicles City N/A
7 Calaveras Blvd Overpass Encampment City 1 10/20/2023 N/A 8 Dempsey Road 1 Encampment City N/A
9 Sinclair Frontage Road Encampment or Outreach Union Pacific Railroad 1 1 10/16/2023
10/27/2023 N/A
10 Yosemite Business Park Encampment Private Property N/A 11 Gibraltar Court Trailers City 1 11/3/2023 N/A
12 Topaz Street 2 Encampment City N/A
13 Railroad Court Camp/Trailers City 2 10/30/2023 N/A
14 Abel Plaza Encampment Private Property N/A
15 S. Main Street Encampment City N/A
16 S. Abbott Avenue Encampment City (if on street) or County (if on County property) N/A
17 W. Calaveras Blvd Encampment City 1 10/9/2023 N/A 1 10/9/2023 1 10/9/2023 18 Ethyl Court Camp/Cars City N/A
19 Hammond Way Cars/Trailers or Outreach City N/A
20 Coyote Creek Trail 1 Encampment Valley Water 1 10/6/2023 N/A 21 Coyote Creek Trail 2 Encampment Valley Water N/A
22 Coyote Creek Trail 3 Encampment Valley Water N/A
23 Calaveras Plaza Shopping Center Outreach (contact made in non-encampment setting) N/A N/A 24 Dignity on Wheels Mobile Shower and Laundry Outreach (contact made in non-encampment setting) N/A N/A 25 Dixon Landing Shopping Center Outreach (contact made in non-encampment setting) N/A N/A 26 Great Mall Outreach (contact made in non-encampment setting) N/A N/A 27 Milpitas Library Outreach (contact made in non-encampment setting) N/A N/A 28 Main Street Outreach (contact made in non-encampment setting) N/A 1 1
1 3
10/9/2023
11/21/23
11/22/23
12/11/23
12/26/2023
N/A 1 12/11/2023 1 12/11/2023
29 Other (Street, Panhandle, Vehicle Dweller, or Unidentified Location) Outreach (contact made in non-encampment setting) N/A 1 11/20/2023 30 Dempsey Road 2 Encampment Private Property N/A
31 Serra Center Outreach (contact made in non-encampment setting) N/A N/A 32 E. Calaveras Blvd Outreach (contact made in non-encampment setting) N/A N/A 33 Dempsey Road 3 Outreach (contact made in non-encampment setting) N/A N/A 34 Galaxy Court Outreach (contact made in non-encampment setting) N/A N/A 35 Ranch Drive Outreach (contact made in non-encampment setting) N/A N/A 36 Jacklin Rd Vehicle City N/A
37 Folsom Ct Outreach (contact made in non-encampment setting) N/A N/A 38 Other (near Extended Stay) Outreach (contact made in non-encampment setting) N/A N/A 39 S. Park Victoria Outreach (contact made in non-encampment setting) N/A 1 11/13/2023 N/A 1 11/13/2023 1 11/13/2023 40 O'Toole Elms Park Outreach (contact made in non-encampment setting) City N/A 41 America's Best Value Inn Outreach (contact made in non-encampment setting) Private Property N/A 42 Milpitas Sports Center Park Outreach (contact made in non-encampment setting) City N/A 43 Foothill Park Outreach (contact made in non-encampment setting) City N/A 44 Washington Road Vehicle City N/A
45 Burley Drive Vehicle City N/A
46 W. Calaveras Blvd Outreach (contact made in non-encampment setting) N/A N/A 47 Albert Augustine Jr. Memorial Park Outreach (contact made in non-encampment setting) N/A N/A 48 N. Milpitas Bridge Encampment N/A N/A
49 Victorian Sqaure Outreach (contact made in non-encampment setting) N/A N/A 50 Calaveras 3 Encampment N/A
1 1
1 10/3/2023
11/22/23
12/1/23
N/A 1 10/3/2023 1 10/3/2023
51 Cardoza Park Outreach (contact made in non-encampment setting) N/A N/A 52 Railroad Avenue Encampment N/A N/A
53 Sunnyhills Shopping Center Outreach (contact made in non-encampment setting) N/A N/A 54 Pioneer Park Vehicle N/A N/A
55 McCarthy Ranch Vehicle N/A N/A
56 Yosemite 6 Encampment N/A N/A
57 Beresford Square Outreach (contact made in non-encampment setting) N/A N/A 58 Escuela Parkway Outreach (contact made in non-encampment setting) N/A 59 Ames Ave Encampment N/A
8 2
2 9
10/5/23
10/13/23
10/27/23
10/30/23
11/3/23
12/11, 12/19, 12/21,
12/22, 12/26, 12/28
1 1
11/3/2023
12/11/23
1 1
1 10/5/2023
11/3/2023
12/11/23
60 Dempsey 19 Encampment N/A 1 10/16/2023
61 Montague Encampment N/A
62 Heritage Inn Outreach (contact made in non-encampment setting) N/A 63 Phone Outreach (contact made in non-encampment setting) N/A 64 Sinnott Lane Outreach (contact made in non-encampment setting) N/A 65 Coyote St Outreach (contact made in non-encampment setting) N/A 66 Landess Ave Outreach (contact made in non-encampment setting) N/A 67 Strickroth Park Encampment N/A 1 11/1/2023
68 Hillview Outreach (contact made in non-encampment setting) N/A 1 1 10/4/2023
10/30/2023 1 10/4/2023 1 10/4/2023
69 Corinthia Drive Outreach (contact made in non-encampment setting) N/A 1 10/13/2023 70 Las Lomas Outreach (contact made in non-encampment setting) N/A 1 10/20/2023 1 10/20/2023 1 10/20/2023 71 Valley Wway Outreach (contact made in non-encampment setting) N/A 2 10/18/2023 72 Windsor Outreach (contact made in non-encampment setting) N/A 1 10/30/2023 73 N. Park Victoria Encampment N/A 1 Unknown
74 Cypress Outreach (contact made in non-encampment setting) N/A 1 12/4/2023 75 Barbara Lee Center Outreach (contact made in non-encampment setting) N/A 1 12/4/2023 Total 54 9 10
WeHOPE Dignity on Wheels
Mobile Shower and Laundry
Session Location Service Dates Number of Sessions Total Unduplicated Individuals Served Showers Provided Loads of Laundry Provided Milpitas Library 12/3/2023, 12/10/2023, 12/17/2023, 12/24/2023, 12/31/2023 5 55 109 64 Milpitas Library 11/5/2023, 11/12/2023, 11/19/2023,11/26/2023 4 54 103 54 Milpitas Library 10/1/2023, 10/8/2023, 10/15/2023, 10/22/2023, 10/29/2023 5 61 109 56

SCC Outreach/HEAT
Milpitas Outcome Tracking
FY23

Table Of Contents
Program Goals and Outcomes
SCC Outreach/HEAT OSH Mental Health Referrals
Milpitas Outreach Location List
Monthly Reports FY23
July 2023
August 2023
September 2023
October 2023
November 2023
December 2023
End of FY23 Summary
Program Goals and Outcomes:
“The COUNTY’s Homeless Engagement and Access Team (HEAT) program (the program) is funded under the Mental Health Services Act (MHSA) and the City of Milpitas. The CONTRACTOR shall implement the program in accordance with California Code of Regulations (CCR) Title 9, division 1 and 24, and Code of Federal Regulations (CFR) 583. • Reduce subjective suffering from mental illness
• Increase meaningful use of time and capabilities in school, work, and activity • Reduce homelessness and increase safe and permanent housing • Increase access to substance use treatment
• Increase natural networks of supportive relationships • Reduce incarceration/criminal justice involvement

• Increase self-help and client/family involvement
• Reduce stigma and discrimination
• Reduce and/or prevent suicide risk
• Increase the quality of services, including better outcomes • Enable families to provide a safe, stable, loving, and stimulating environment at home” Agreement for Short-Doyle and Mental Health Services Act (MHSA) Supportive Housing services between the County of Santa Clara and Abode Services for Fiscal Year 2023 SCC Outreach/HEAT OSH Mental Health Referrals
SCC_Outreach_OSH_Mental HealthReferrals_7.2023-6.2024
Milpitas Outreach Location List:

Updated 10/11/23

HMIS LOCATION NAME LOCATION DESCRIPTION
Milpitas Encampment - Ames Near 800 Ames Ave, Milpitas, CA 95035 Milpitas Encampment - Sinclair Sinclair Frontage Rd. and Yosemite Dr.

Milpitas Encampment- Abbott South Abbott
Milpitas Encampment- Calaveras 3 Calaveras Overpass/ Bart Milpitas Encampment- Coyote Creek 16 North- Trail Encampment- Lower Penitencia Milpitas Encampment- Coyote Creek 17 Mid- Trail Encampment- Lower Penitencia Milpitas Encampment- Coyote Creek 18 South- Trail Encampment- Lower Penitencia Milpitas Encampment- Coyote Creek 20
Coyote Creek, behind 3 Technology Dr, Milpitas, CA 95035 (37.332043, -121.889617)
Milpitas Encampment- Dempsey 19 428 BLK Dempsey Rd.

Milpitas Encampment- Dempsey 4 1248 BLK Dempsey Rd
Milpitas Encampment- Dixon 1 183 BLK- Dixon
Milpitas Encampment- Hillview Bridge Cross Streets: Hillview Drive and Hillview Court Milpitas Encampment- Ocean Super Market North Park Victoria Milpitas Encampment- Serra Center Shopping Center located at 200 Serra Way Milpitas Encampment- Sinclair Frontage 5 1191- BLK Sinclair Frontage Road Milpitas Encampment- Topaz Street 8 200 Block Topaz
Milpitas Encampment- Yosemite 6 Yosemite Business Park
Milpitas Encampment-S Park Victoria South Park Victoria Milpitas Outreach - McCarthy Ranch Near McCarthy Ranch shopping center

Milpitas Outreach - Dignity on Wheels Various Locations Milpitas Outreach - Heritage Inn Heritage Inn
Milpitas Outreach - Strickroth Park Strickroth Park
Milpitas Outreach (Vehicle Dweller) -
Hillview Court Hillview Ct.

Milpitas Outreach- Abel Plaza 10 Shopping Center located at 110 South Abel Street Milpitas Outreach -Americas Best Value Inn Americas Best Value inn parking lot Milpitas Outreach- Calaveras Plaza Shopping
Center Shopping Center located at 231 West Calaveras Blvd.

Milpitas Outreach- City Square Center Dixon
Landing Shopping Center 1885 N. Milpitas Blvd.

Milpitas Outreach- Great Mall
447 Great Mall Drive- and surrounding parking lot-bus stop area
Milpitas Outreach- Jacklin Road Jacklin Rd. at N Park Victoria Milpitas Outreach- Library
Library/ Surrounding Area- 160 North Main Street (North Main to Cross Street Serra Way
Milpitas Outreach- Main Street 11 Serra Way to Cross Street to Curtis Avenue Milpitas Outreach- Other (Street,
Panhandle, or Unidentified Location) Various Locations
Milpitas Outreach- Serra Center 13 Shopping Center located at 200 Serra Way Milpitas Outreach- Town Center Shopping Center located at 627 East Calaveras Milpitas Outreach- Town Center Milpitas Town Center - including 555 Calaveras Blvd.

Milpitas Outreach- Vehicle Dweller Various Locations
Milpitas Vehicle Dwellers - Dixon 2 143-BLK - Dixon
Milpitas Vehicle Dwellers- Gibraltar 7 Gibraltar Court
Milpitas Vehicle Dwellers- Hammond 15 626 Hammond Way
Milpitas Vehicle Dwellers- Railroad 9 Railroad Court
Milpitas Outreach - Hillview Ct. 1000 Hillview Ct.

Milpitas Outreach- Senior Center 40 N. Milpitas Blvd.

Monthly Reports FY23:

July 2023
In July, the SCC Outreach/HEAT Team received 25 referrals from Milpitas E-Referral source. The team was also connected with J. Macon and T. McLane via K. Luna from Abode, regarding a specific unhoused individual who was at the Barbara Lee Senior Center. The team

collaborated thoroughly with this client’s family and connected with the client over the phone, planning to meet as soon as possible.

The SCC Outreach/HEAT Team had many staff changes in the month prior and continued to add to the team as they onboarded a new Outreach Specialist. This Specialist came to the team with experience in working with adults with SMI and in residential care settings. They are passionate about client care and eager to work within this population, highly capable of working well with clients who are highly vulnerable and experiencing co-occurring disorders.

With a developing team, there were many moving parts as the team learned, re-set and refreshed the components of the outreach execution. All the staff on the team responded to needs in Milpitas in July. Staff shadowed each other and trained out in the field while successfully supporting individuals in need.

SCC Outreach/HEAT Team contacted 11 individuals, visiting one individual, twice. They administered 7 VI-SPDAT assessments throughout the month. Of these assessments, 3 were existing enrollments and qualified for re-assessment. Of these contacts 6 were enrolled in the program. PSH matches were 1 and OSH Clinical Team referrals was 1. The team was unable to locate 11 of the entries on the E-referral source. Of the 25 referrals, 3 referrals were outreached in early August.

The team continued to provide supplies, food & water, clothing, and hygiene items to individuals in Milpitas. One client has been homeless for over 25 years in multiple countries. The team wrapped around this client and supported them in effective and efficient ways. They focused specifically on reducing stigma and discrimination with this client as they seemed to engage reluctantly at first, but soon developed rapport and solid engagement with the team.

The following table reflects the number of outreach contacts per location, the total number of unhoused individuals enrolled into the program, and the number of VI-SPDAT assessments administered.

July 2023 Milpitas Contact, Enrolled, Assessed Clients:

Outreach Location/Date Outreach Contact Enrolled in HEAT Assessments Completed Milpitas EncampmentAmes Ave 7/6/232 1
Milpitas Outreach- Great
Mall 7/10/23
1 1
Milpitas EncampmentE Calaveras 7/13/231 1
Milpitas EncampmentHillview Bridge 7/13/231 1 1
Milpitas EncampmentYosemite 6 7/18/231
Milpitas OutreachJacklin Rd 7/18/231 1 1
Milpitas EncampmentDempsey 19 7/18/231 1

Milpitas EncampmentSinclair 7/21/23
1 1 1
Milpitas EncampmentDempsey 19 7/25/231 1
Milpitas EncampmentAmes Ave 7/25/231
Milpitas EncampmentCoyote Creek 7/31/231 1 1
Key:
• Milpitas Outreach= Contact made with client at non-encampment setting • Milpitas Encampment= Contact made with client at encampment setting where tent/other structures are used as shelter
______________________________________________________________________________ August 2023
In August, the SCC Outreach/HEAT Team received 21 referrals from Milpitas E-Referral Source. The team worked with T. McLane regarding a client who had a particular issue with his rent. With the support of OSH, we were able to clarify his rental situation. The SCC Outreach/HEAT team intentionally connected with the individual who was at the Barbara Lee Senior Center and completed a VI-SPDAT. The team supported this individual with resources and an understanding of housing in SCC, which increased her self-help capabilities.

Two staff on the team focused more intensely on Milpitas referrals to begin building rapport and consistent communication with the individuals in the city. This enabled clients who had been disconnected from the team during the staff transitions to re-engage and begin to develop rapport. The staff reached new clients throughout the city who presented with significant SMI. An example is there was increased garbage in the waterway, near the Milpitas Encampment- Ames Ave which created more e-referrals. The team outreached multiple times and assessed that this individual, though never identified, needed more behavioral health interventions.

The SCC Outreach/HEAT Team continued to develop as a new team by adding another Outreach Specialist to the team. This team member is bilingual and experienced in clinical supervision in their prior role as they worked with children and families in behavioral health.

With this addition to the team, there are now four Outreach Specialists and a Program Manager in the SCC Outreach/HEAT program. The team is continuing to support each other as they work to end homelessness in SCC.

SCC Outreach/HEAT Team made 37 contacts in Milpitas in August. They administered 8 VI-SPDAT assessments throughout the month. Of these assessments, 2 qualified for reassessment. Of these contacts 1 was enrolled in the program. PSH matches were 0 and OSH

Clinical Team referrals was 0. The team was unable to locate 14 of the entries on the E-referral source.

The team continued to provide dignified contact and conversations to the individuals and families in Milpitas. They supplied food, water, and hygiene items to individuals and some transportation. They aimed to increase natural networks of supportive relationships as they worked within client support systems.

The following table reflects the number of outreach contacts per location, the total number of unhoused individuals enrolled into the program, and the number of VI-SPDAT assessments administered.

August 2023 Milpitas Contact, Enrolled, Assessed Clients:

Outreach Location/Date Outreach Contact Enrolled in HEAT Assessments Completed Milpitas Railroad 9
8/1/2023
2 Phone 8/2/2023 2
Milpitas Railroad 9
8/3/2023
2 Milpitas Library
8/3/2023
2 Milpitas Montague
8/7/23
1 Milpitas EncampmentCoyote Creek 20
8/7/2023
1 1 1
Phone
8/7/23
2 Phone
8/8/2023
1 Milpitas OutreachJacklin Rd.
8/9/2023
1 Milpitas Encampment
S. Park Victoria
8/9/2023
1 Milpitas Encampment
Dempsey 19
8/11/2023
1 1
Milpitas EncampmentCalaveras
8/11/2023
1 Milpitas EncampmentYosemite 6
8/14/2023
1

Milpitas Encampment
-
Coyote Creek 20
8/14//2023
1 Milpitas Encampment-
Coyote Creek 20
8/16/2023
11 Milpitas Outreach-
Heritage Inn
8/22/2023
11 Milpitas Encampment-
Calaveras
8/22/2023
1 Milpitas Outreach-
McCarthy Ranch
8/22/2023
11 Milpitas Outreach-
S Milpitas Blvd.
8/25/2023
2 Milpitas Encampment-
Ames
8/25/2023
11 Milpitas Encampment-
Ames
8/28/2023
11 Milpitas Encampment-
Yosemite 6
8/28/2023
21 Phone
8/28/2023
1 Milpitas Outreach-
Abel Plaza
8/28/2023
1 Milpitas Outreach-
Great Mall
8/28/2023
1 Milpitas Outreach-
Jacklin Rd
8/28/2023
1 Phone 8/29/20231
Milpitas Outreach-
McCarthy Ranch
8/29/2023
1 Phone 2

8/31/2023
Key:
• Milpitas Outreach= Contact made with client at non-encampment setting • Milpitas Encampment= Contact made with client at encampment setting where tent/other structures are used as shelter
______________________________________________________________________________ September 2023
In September, the SCC Outreach/HEAT Team received 14 referrals from Milpitas EReferral Source. The team did not work with any other city staff or third-party stakeholders this month.

The team connected with and fully supported an individual with SMI from Ames Ave encampment. This client has a program referral for PSH. They were able to maintain linear conversation and the team developed better rapport with them as they continued their journey to permanent supportive housing.

The SCC Outreach/HEAT Team is temporarily working with one less staff as they are out on medical leave for 60+ days. This has not negatively affected productivity as staff have taken care of the caseload. The team continues to plan thoroughly and respond quickly to referrals and needs in Milpitas.

SCC Outreach/HEAT Team made 22 contacts in Milpitas in September. They administered 7 VI-SPDAT assessments throughout the month. Of these contacts 5 were enrolled in the program. PSH matches were 0 and OSH Clinical Team referrals was 1. The team was unable to locate 7 of the entries on the E-referral source.

The team continued to provide engagement, support, care and connection with the individuals in Milpitas. They supplied food & water and hygiene items to individuals as well.

The following table reflects the number of outreach contacts per location, the total number of unhoused individuals enrolled into the program, and the number of VI-SPDAT assessments administered.

September 2023 Milpitas Contact, Enrolled, Assessed Clients:

Outreach Location/Date Outreach Contact Enrolled in HEAT Assessments Completed N Main St 9/1/2023 1
Sinnott Ln 9/1/2023 1
Railroad Ave. 9/1/2023 1 1 1
Coyote St. 9/1/2023 1
Landess Ave 9/4/2023 1
Calaveras Ave
9/6/2023
1 1
Ames Ave 9/11/2023 2 1

Railroad Ave
9/11/2023
1 N. Main St 9/18/2023 1 1 1
W. Calaveras Blvd.
9/18/2023
1 Strickroth Park
9/20/2023
1 Phone
9/20/23
1 800 Ames 9/21/2023 1
Phone 9/21/2023 1
W Calaveras
9/22/2023
3 3 3
Ames Ave
9/25/2023
1 Phone
9/29/2023
2 Ames Ave
9/29/2023
1 Key:
• Milpitas Outreach= Contact made with client at non-encampment setting • Milpitas Encampment= Contact made with client at encampment setting where tent/other structures are used as shelter
______________________________________________________________________________ October 2023
In October, the SCC Outreach/HEAT Team received 24 referrals from Milpitas E-Referral Source. The team did not work with any other city staff or third-party stakeholders this month.

But they did work with Abode SCC Senior Director to address some concerns at a location in the community, near N. Hillview Dr and support unhoused individuals, there.

There is a particularly vulnerable senior client who requested items to maintain her safety and warmth outdoors. The team was able to purchase items and deliver them. She was very grateful. One client whose encampment was near Ames Ave on the railroad tracks, was matched with Permanent Supportive Housing months prior. He was successfully matched and moved into Calabazas Apartments in San Jose. He shared that he continues to work on becoming familiar with living indoors and is eager to make the full transition into housing.

The SCC Outreach/HEAT Team is still temporarily working with one less staff as that staff is still out on medical leave. This staff will return at the end of November. The team continues to plan thoroughly and respond quickly to referrals and needs in Milpitas.

SCC Outreach/HEAT Team made 27 in person contacts in Milpitas in October. They administered 6 VI-SPDAT assessments throughout the month. Of these assessments, 3 were with people who were living in their car, 2 people were outside, and 1 was @ other location. Of these contacts 5 were enrolled in the program. PSH matches were 0 and OSH Clinical Team referrals was 1. The team was unable to locate 15 of the entries on the E-referral source.

The team continued to provide engagement, support, care and connection with the individuals in Milpitas. They supplied food & water and hygiene items to individuals as well.

The following table reflects the number of outreach contacts per location, the total number of unhoused individuals enrolled into the program, and the number of VI-SPDAT assessments administered.

October 2023 Milpitas Contact, Enrolled, Assessed Clients:

Outreach Location/Date Outreach Contact Enrolled in HEAT Assessments Completed Calaveras Blvd. 10/3 1 1 1
Hillview 10/4 & 10/30 2 1 1
800 Ames Ave 10/5,
10/13, 10/27, 10/30
8 1
Coyote Creek 10/6 1
West Calaveras Blvd
10/9
1 1 1
N Main St 10/9 1
Corinthia Dr 10/13 1
Sinclair Frontage
10/16 & 1027
2 95 Dempsey Rd 10/16 1
Las Lomas 10/20 1 1 1
Calaveras Overpass
10/20
1 Valley Way 10/18 2
Windsor 10/30 1 1 1
Railroad 10/30 2
945 Ames 10/30 2
Key:
• Milpitas Outreach= Contact made with client at non-encampment setting • Milpitas Encampment= Contact made with client at encampment setting where tent/other structures are used as shelter

November 2023

In November, the SCC Outreach/HEAT Team received 10 referrals from Milpitas EReferral Source. The team worked with OSH CET staff to troubleshoot some different needs with Milpitas clients who had been pulled for housing. There was a new client enrollment that happened because our staff went above and beyond and rappelled down an embankment to connect with an individual. They were very eager to engage with the team and receive services.

The team continued to work with individuals who had been pulled for housing program referrals.

The SCC Outreach/HEAT Team had a full team by the end of November. This helped to increase outreach efforts at the end of the month and start the next month, strongly.

SCC Outreach/HEAT Team made 10 in person contacts in Milpitas in November, of these contacts, 2 refused services, 2 were referred to other services, 2 completed VI-SPDAT, and 4 unable to be located. Of the overall contacts 2 were enrolled in the program. PSH matches were 0 and OSH Clinical Team referrals was 0.

The team continued to provide engagement, support, care and connection with the individuals in Milpitas. They supplied food & water and hygiene items to individuals as well.

The following table reflects the number of outreach contacts per location, the total number of unhoused individuals enrolled into the program, and the number of VI-SPDAT assessments administered.

November 2023 Milpitas Contact, Enrolled, Assessed Clients:

Outreach Location/Date Outreach Contact Enrolled in HEAT Assessments Completed Milpitas Outreach
Strickroth Park- 11/1/23
1 Milpitas EncampmentAmes 11/3/232 1 1
Milpitas Vehicle
Dwellers- Gilbralter 7
11/3/23
1 Milpitas Encampment-S
Park Victoria 11/13/23
1 1 1
Milpitas Encampment-N
Park Victoria
1 Milpitas Outreach-Other
11/20/23
1 1
Milpitas Outreach- Main
St 11/21/23
1 Milpitas Outreach- Main
St 11/22/23
1 Milpitas OutreachCalaveras 3 11/22/231
Key:
• Milpitas Outreach= Contact made with client at non-encampment setting

• Milpitas Encampment= Contact made with client at encampment setting where tent/other structures are used as shelter
December 2023 (Last Month of Contract)
In December, the SCC Outreach/HEAT Team received 10 referrals from Milpitas EReferral Source. Of these 10 referrals, 5 individuals (50%) were unable to be located, 2 individuals (20%) refused services, 1 individual (10%) had a VI-SPDAT assessment completed, 1 individual (10%), and 1 individual was continuing to work with staff, but not assessed yet.

The team continued to work with individuals who had been pulled for housing program referrals. They consistently connected with individuals not referred to the team by the e-referral source. These individuals were met on the HEAT team’s regular outreach schedule.

The SCC Outreach/HEAT Team had some staff out on vacation due to the holiday. They continued to outreach multiple times to the city.

SCC Outreach/HEAT Team made 22 in-person contacts in Milpitas in December. Of these contacts, 2 refused services, 2 were referred to other services, 5 completed VI-SPDAT, and 4 were enrolled in the program. PSH matches were 1 and OSH Clinical Team referrals was 0.

The team continued to provide engagement, support, care and connection with the individuals in Milpitas. They supplied food & water and hygiene items to individuals as well.

The following table reflects the number of outreach contacts per location, the total number of unhoused individuals enrolled into the program, and the number of VI-SPDAT assessments administered.

December 2023 Milpitas Contact, Enrolled, Assessed Clients:

Outreach Location/Date Outreach Contact Enrolled in HEAT Assessments Completed Milpitas OutreachCypress 12/4/231
Milpitas Outreach- Main
St 12/11 and 12/26
3 1 1
Milpitas EncampmentAmes Ave 12/11, 12/19,
12/21, 12/22, 12/26,
12/28
9 1 1
Milpitas OutreachBarbara Lee Senior
Center 12/4
1 Milpitas Outreach -
Ocean Market 12/19,
12/22
2 1 1
Milpitas OutreachCalaveras 12/211

Milpitas Outreach- Serra
Way 12/21
1 Milpitas OutreachJunipero Dr 12/212 1
Milpitas Outreach- N.

Main 12/16, 12/29
2 1 1
Key:
• Milpitas Outreach= Contact made with client at non-encampment setting • Milpitas Encampment= Contact made with client at encampment setting where tent/other structures are used as shelter

Attachment 2
WeHOPE Mobile Shower and Laundry Services
July – December 2023
Month Service Dates Number of
Sessions
Total
Unduplicated
Individuals
Served
Showers
Provided
Loads of
Laundry
Provided
July
2023
July 2
July 9
July 16
July 23
July 30
5 70 146 57
August
2023
August 6
August 13
August 20
August 27
4 43 85 43
September
2023
September 3
September 10
September 17
September 24
4 49 93 30
October
2023
October 1
October 8
October 15
October 22
October 29
5 61 109 56
November
2023
November 5
November 12
November 19
November 26
4 54 103 54
December
2023
December 3
December 10
December 17
December 24
December 31
5 55 109 64

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve a Three-Year Professional Services Agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning Consulting Services and Authorize the City Manager to Execute the Contract (Staff Contact: Gabrielle Tsang, Interim Finance Director 408-586-3131; and Kelli Parmley, Human Resources Director 408-586-3086)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/16/2024
Recommendation: Approve a three-year professional services agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning (ERP) Consulting Services for a not-toexceed amount of $375,500.00, authorize the City Manager to execute the contract, with additional authority to approve an optional two years and changes up to 10%.

Background:

On December 12, 2023, the City Council approved the award of an Enterprise Resource Planning (ERP) System Software-as-a-Service (SaaS) Agreement to Tyler Technologies. The CIP FY23-24 Adopted Budget appropriated sufficient funding for this contract, in addition to the cost of project management.

Effective project management is a critical component of a successful ERP implementation and organizational change management. On behalf of the City, a project manager will work closely with City staff and the Tyler team to monitor the project progress and resolve issues. As such, the City endeavored to solicit a project management consulting firm that specializes in ERP implementation.

The City conducted and successfully completed the solicitation through a Request for Proposals (RFP) No. 24- 065 (ERP Consulting Services), which was published in February 2024.

Analysis:

On February 9, 2024, the City’s Purchasing Division released RFP No. 24-065 (ERP Consulting Services).

The RFP was publicly noticed in accordance with applicable provisions of the City’s Municipal Code, advertised on the City’s website, and emailed to companies registered with the City via the City’s online procurement system (Procurement.OpenGov.com). Upon release, 1,302 firms received notification of the RFP, and fifty-two (52) firms downloaded the RFP documents. One addendum was issued and seven clarifying questions were answered by City staff. Three firms responded to the RFP by the published closing date of February 8, 2024.

Staff evaluated and scored the RFP responses in two rounds of evaluation. The first round of scoring was performed by City of Milpitas Purchasing staff to review the RFP response completeness, and to confirm the RFP was submitted timely. Based on the result of the first-round scoring, the City selected all three vendors for further evaluation:

1. Avero, LLC

2. Berry, Dunn, McNeil & Parker, LLC

3. SDI Presence
The second round of the scoring was performed by the selection committee. The selection committee was comprised of City staff members from the Finance and Human Resources Departments. The second round of the scoring were based on the following four criteria: 1) Qualifications of the Firm; 2) Project Management Approach; 3) Detailed Work Plan, and; 4) Proposed Compensation. All three vendors were invited to participate in a virtual interview process, and the three proposals were reviewed and scored by the selection committee.

Based on the proposal submitted and subsequent scoring, staff recommends awarding the contract to Berry, Dunn, McNeil & Parker, LLC (“Berry Dunn”). Berry Dunn is a nationally recognized independent management and IT consulting firm focused on inspiring organizations to transform and innovate. The firm has extensive project management experience, having served more than 650 state, local, and quasi-governmental agencies.

This experience provides them with an in-depth understanding of government operations, budgetary constraints, and the business processes required to provide the necessary services to the City. The firm specializes in software implementation project management/oversight and organizational change management. Additionally, Berry Dunn has experience with all major ERP vendors, including Tyler Technologies (what the City will be implementing) and Cayenta (the City’s current financial management system).

Policy Alternatives:

Alternative 1: Do not award ERP Consulting Services contract to Berry, Dunn, McNeil & Parker, LLC Pros: Funds would be not spent on this priority.

Cons: The City will not have the resources in place for effective project management in order to ensure successful change management and implementation of an ERP solution.

Reason not recommended: Without a project management consulting firm, it may take longer for the City to implement Tyler Technologies, which ultimately may lead to requiring additional funding in order to complete the implementation. This would delay the City’s ability to benefit from utilizing a modern ERP system with integrated workflows and reporting capabilities.

Fiscal Impact:

Sufficient funding has already been appropriated in the FY23-24 Adopted CIP Budget for Project No. 3466 (Financial System Enterprise Resource Planning) and Project No. 3467 (Human Resources Information System). As of April 10, 2024, the balance in Project No. 3466 is $1,506,377.79, and the balance in Project No. 3467 is $769,201.00. Should Council approve this contract, the three-year PSA agreement with Berry, Dunn, McNeil & Parker LLC for ERP Consulting Services is for a not-to-exceed amount of $375,500.00. Moreover, the City Manager may authorize the optional 2 years and change order authority up to 10%.

Fiscal Summary of Contract (3-years):

Phase I Financial Components
Services Type Role Hourly Rate Support Extended Cost
Project Management Project Manager $250 700 hours $175,000 Other (if applicable)
Contingency* Travel $9,000
Total $184,000
Phase II Human Resources Management Components
Services Type Role Hourly Rate Support Extended Cost
Project Management Project Manager $250 730 hours $182,500 Other (if applicable)
Contingency* Travel $9,000
Total $191,500
Total Phase I and Phase II Cost: $375,500

California Environmental Quality Act:

The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, Section 15378.

Recommendation:

Approve a three-year professional services agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning (ERP) Consulting Services for a not-to-exceed amount of $375,500.00, authorize the City Manager to execute the contract, with additional authority to approve an optional two years and changes up to 10%.

Attachments:
(a) Professional Services Agreement with Berry, Dunn, McNeil & Parker LLC (b) 24-065 Bid Tab

38077.00180\29167975.12 C2
1 CITY OF MILPITAS

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Berry, Dunn, McNeil & Parker LLC, a Maine stock corporation with its principal place of business at 2211 Congress Street, Portland, ME 04102 (hereinafter referred to as “Consultant”).

City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

ERP Consulting Services
(hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit A.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Three Hundred Seventy-Five Thousand Five Hundred Dollars and Zero Cents ($375,500.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by

38077.00180\29167975.12 C2
2 both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the Agreement term and for four (4) years from the date of final payment under the Agreement for inspection by City.

5. Term.

The term of this Agreement shall be from date first written above to April 17, 2027, unless earlier terminated as provided herein. The City reserves the right to review the Consultant’s performance at the end of each year and cancel all or part of the Agreement.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant

38077.00180\29167975.12 C2
3 Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant

38077.00180\29167975.12 C2
4 shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations.

Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. City Material Requirements.

Consultant is hereby made aware of the City’s requirements regarding materials, as set forth in Exhibit E, Tyler Technologies Reference Documents, which are deemed to be a part of this Agreement.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California. 17 Termination or Abandonment

38077.00180\29167975.12 C2
5 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. c. The Consultant understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council. Consultant’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Abagail Starr as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: City Manager
CONSULTANT:

Berry, Dunn, McNeil & Parker LLC
2211 Congress Street
Portland. ME 04102

38077.00180\29167975.12 C2
6 and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

38077.00180\29167975.12 C2
7 30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. Wage Theft Prevention
a. Consultant, and any subconsultant it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
b. BY SIGNING THIS AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS

DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO

EXECUTING THIS AGREEMENT THAT CONSULTANT OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS

THAT IT OR ITS SUBCONSULTANT(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,

DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN

FULLY SATISFIED, CONSULTANT AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) IS

CURRENTLY SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT

OR ALTERNATIVE PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY

AND THAT CONSULTANT OR ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
c. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Consultant or a subconsultant it employs to perform work under this Agreement has violated any applicable wage and hour law, or Consultant learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Consultant shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order.

Consultant or its subconsultant(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order.

If the Consultant or its subconsultant is subject to a payment or other alternative plan, the Consultant or its subconsultant shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
d. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor

38077.00180\29167975.12 C2
8 Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
e. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law. f. Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
[SIGNATURES ON FOLLOWING PAGE]

38077.00180\29167975.12 C2
9 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MILPITAS

AND BERRY, DUNN, MCNEIL & PARKER LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF MILPITAS
Approved By:

Ned Thomas, City Manager
Date
Approved As To Form:

Michael Mutalipassi, City Attorney
Approved:

Gabrielle Tsang,
Interim Finance Director/Interim Risk Manager

BERRY, DUNN, MCNEIL & PARKER LLC
Signature
Name
Title
Date

38077.00180\29167975.12 C2
10 EXHIBIT A
Scope of Services
The Scope of Work is divided into two phases. Phase I includes project management support for the implementation of financial and system-wide functional areas. Phase II includes human resources management functional areas. The City is currently on Cayenta Version 9.0 on premise and will implement Tyler MUNIS SaaS technology. Phase I began in January 2024 with target go-live of June 30, 2025. Phase II begins in July 2024 with a target go-live of January 1, 2026. Below is a summary of the expectations for City of Milpitas Project Management:

The project manager(s) have the overall responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment. The Project Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. The City of Milpitas project manager(s) are responsible for reporting to the City of Milpitas steering committee and determining appropriate escalation points. Scope of responsibilities for project management include:

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 of Milpitas 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 ontime 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 as well as reporting process between the City of Milpitas and Tyler. Takes all necessary steps to proactively mitigate these items or communicate with transparency to Tyler any items that may impact the outcomes of the project.
• Collaborates with Tyler project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project.
• Routinely communicates with both the City of Milpitas 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.

38077.00180\29167975.12 C2
11 Resource Management
• Acts as liaison between project team and stakeholders. • Identifies and coordinates all City of Milpitas resources across all modules, phases, and activities including but not limited to 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 of Milpitas 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.

Change Management
• 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.

The City reserves to right to add text from the vendors proposal as needed, see below for added scope of work from the vendors submitted proposal
Methods Contributing to Implementation Success
Project Management
To help ensure that project objectives are met, and initiation and completion of project work are conducted in a timely manner, each BerryDunn project is led by an experienced project manager who understands and utilizes project management best practices. Our Consulting Services Team employs project management best practices from PMI®’s PMBOK® Guide.

Figure 1 illustrates the standards of project management as defined by performance domains and project delivery principles that are critical for effective delivery of project outcomes.

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12 Figure 1: Performance Domains and Project Management Guiding Principles | PMBOK® Guide Applicable Collaboration Tools
Our consultants are well-versed in facilitating planning meetings, leading fact-finding sessions, and observing our clients’ business processes firsthand. We believe that, as objective consultants, our approach to conducting projects can be an important vehicle to build awareness among project participants. By involving stakeholders early and often throughout the project, we have seen a greater level of buy-in and support for recommendations, changes, and adoption for the future environment. We will work with the City to identify the communication and awareness needs of each stakeholder or stakeholder group and set forth the method and frequency of communication to meet those needs. By starting the outreach early, stakeholders will have a chance to ask questions, understand what is expected of them in the process, communicate their expectations more clearly, and be better prepared for the commitment of time and energy needed to successfully participate in and/or support the project.

Our consultants strive to avoid unnecessary project delays, enhance productivity, promote collaboration, and minimize barriers to participation, whether in-person or virtually. To that end, we employ software familiar to most users; however, as part of the initial planning process and as needed throughout the project, we will review software preferences and user accessibility needs to help ensure we are meeting the City’s needs.

To that end, we utilize technology that is familiar or intuitive to most users in addition to our project resources assembled from years of public-sector consulting, as detailed below in Figure 2.

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13 Figure 2: Technology Toolkit
We are also open to using communication tools suggested by the City.

Change Management
Stakeholders’ willingness to adopt new processes and tools plays a significant role in the success—or failure—of system replacement projects. BerryDunn has observed resistance to change in virtually all our engagements. As such, our project management approach is carefully integrated with change management methodologies to promote buy-in and consensus for the project. We will work with you to proactively address resistance by:
• Engaging stakeholders at the right level throughout the project—from initial planning through implementation—to build understanding for the need for change and gain support from the people who will be using the future solutions and who are most familiar with current processes • Developing and executing a communications plan that considers the information needs of each stakeholder group
• Documenting business processes and working with stakeholders to understand how their work will be performed in the future environment
We have adopted the Prosci® change management methodology and trained over 100 consultants to become Prosci® Certified Change Practitioners (CCPs). A central focus of the Prosci® change management approach is the belief that, for change to work in an organization, individuals must be willing to change and understand change. Additionally, according to research conducted by Prosci®, the likelihood of project success increases significantly and in alignment with the level of change management focus applied to the project. Figure 3, on the following page, shows that even small increases in focus on change management, from “poor” to “fair,” are likely to have a positive impact on system adoption and project success.

Figure 3: Change Management’s Impact on Project Success

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14 Consistent with the Prosci® methodology, the City can expect our change management approach to involve three stages:

1. Preparing for Change | Developing change management strategies, based on input from the City’s stakeholders on the existing environment.

2. Managing Change | Overseeing assigned roles and tasks, providing training and coaching, using tools effectively, and executing a clear communication plan.

3. Reinforcing Change | Evaluating action plans, reviewing the sustainability of change management activities, and promoting individual and team successes.

Proactive Challenge Identification and Mitigation
All systems-related projects experience varying challenges and barriers. Some are anticipated and can be planned for, while others the City may have little control over. To help avoid challenges, our team has spent a considerable amount of time considering potential risks that may negatively impact this initiative and strategies that can be used to address them. Below and on the following page, we present potential risks and strategies to mitigate them for the City’s further review and consideration. • Executive Sponsorship. For this project to succeed, City leadership must fully support it and take an active role in key decision-making activities. They must be visible, vocal, and active supporters, communicating the vision for the future. Early on, we will work with City leadership to define their role in effective communications and to gain agreement on the governance and decision-making model employed on the project.
• Effective Project Management. Managing scope, schedule, and budget helps to ensure the project achieves its intended objectives. In the absence of an experienced individual dedicated to performing these activities, timelines may slip (or not be developed); project objectives may be compromised; and cost overruns may be experienced.
• Delays in the Project Timeline. Factors may come into play that will impact the schedule, such as staff availability and time for leadership decision-making related to the project. We will work with the City to mitigate these risks to the timeline through advanced planning and accounting for known absences (such as holidays and vacations) in the schedule, as well as by providing regular updates on progress and relevant matters throughout the project. To address delays over which our team and the City may have less control, we will offer flexibility in how and when we gather the information to keep the project on track.
• Stakeholder Participation. It will be important for the City and key project stakeholder groups to dedicate sufficient resources throughout the duration of the project to help ensure completion of project objectives in a timely manner. We understand that individuals contributing to the initiative have other daily responsibilities that are a priority. As part of our planning activities, we will partner with the City to determine the right staff to involve in each phase of this project based on factors such as subject matter expertise and availability. Our approach attempts to minimize the impact on City staff by having us perform as much work in advance as possible and by engaging stakeholders in ways that promote tangible results and contributions. During project

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15 planning, we will also develop a high-level estimate of staffing and resource needs for subsequent project activities and define the roles and time commitments required of each resource. • Managing Expectations. During project initiation, we will review the project timeline with the City to assess its reasonableness and determine if tasks should be extended across a longer period.

In addition, as part of ongoing communication and project management, we will continually assess project progress, factoring in quality. We will raise these risks with the City early to determine the best approach for mitigation, constantly keeping our eye on the bigger picture. • Project Governance and Decision-Making. An effective governance structure must be established to guide project efforts, make key decisions, and help manage risks and issues.

Establishing a governance committee with clear roles, responsibilities, and lines of authority will help prevent project delays due to lack of decision-making—or decisions being made without appropriate authority and/or key stakeholder inputs. We will discuss the project’s governance structure with the City—and make recommendations accordingly—during project initiation. • OCM. BerryDunn has experienced resistance to change in nearly all our engagements, reinforcing our belief that the management of change is crucial to the success of such an initiative. Often, organizations have developed and adhered to existing processes over the course of several years, and staff are reluctant to change their way of doing things. Our team, which includes Prosci® CCPs, is qualified to provide change management structure to this project, where appropriate, in collaboration with the City. It is important for City leaders, frontline managers, and supervisors to understand the drivers of this resistance. Resistance can come from many areas, including staff fears that they will not be able to perform their new responsibilities, their role will be diminished in importance, and/or they may lose their job. That said, it is also important to include staff’s input into the assessment so they feel more invested in the changes occurring. Communicating the value of the change by explaining what is in it for staff is a critical component of moving staff along the change management path. We will remain cognizant of, and sensitive to, these factors and perceptions in our communications from project initiation to implementation. Our specific methods to facilitate OCM, including tools, timelines, challenges, and opportunities, are embedded in the work we do, and are contained in our work plan approach below.

Work Plan
BerryDunn strives to be flexible when it comes to development and execution of an effective work plan.

We understand that no two projects are exactly alike and believe that one of the primary reasons we have been successful with similar projects is our willingness to be flexible in adapting to our clients’ unique needs.

The overarching benefits the City can expect of our approach include:
• A proven yet flexible methodology
• Quality assurance processes
• Built-in project management and change management best practices • Thorough business process improvement activities
• A focus on taking full advantage of the newest technology and harnessing efficiencies • An ability to satisfy all requirements set forth in the City’s scope of work Figure 4 presents an overview of our work plan intended to achieve the City’s goals and objectives for this important initiative.

Figure 4: Work Plan Overview

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16 Details
Below and on the following pages, we provide details of our work plan to conduct the City’s project effectively and efficiently as described in Figure 4.

Phase I: Project Initiation

1.1 Conduct initial project planning and review documentation. We will conduct an initial project planning teleconference with the City’s project team to introduce key team members, clarify goals and objectives, identify known project constraints, and refine dates and/or tasks, as appropriate. We will discuss our approach for managing communications, scope, risks, and resources. We will also request names and contact information for the appropriate City staff members involved in the project.

We will also develop and provide an information request to collect project documentation including:
• Any applicable RFP/proposal documents leading up to the selection of Tyler for the project • Tyler order form
• Statements of work and relevant project documentation After reviewing this documentation, we will facilitate an initial project meeting with the City’s project team to go over any questions on the documentation provided.

1.2 Develop a Project Management Plan and Project Charter. Based on the information gathered from our initial project planning teleconference, we will develop a Project Management Plan and Project Charter. In addition to the components gathered from Task 1.1, the Project Management Plan and will address our approach to providing the services requested by the City, the agreed-upon time frame for each task, and agreed-upon procedures between our project team and the City’s related to project control, including quality management and deliverable submission/acceptance management. It will also address our role in coordinating City resources across modules, phases, and activities.

We will draft a Project Charter that encompasses the full scope of City’s implementation. This governance document will include a change management plan, stakeholder register, communication plan, risk and issues register, and status report templates. We will provide the Project Management Plan and Project Charter in draft versions to the City and facilitate a remote session with the City’s project team and OCM team to discuss the documents and collect feedback. We will then update the documents and submit them to the City in final form.

1.3 Develop a change management strategy memo. We will facilitate a change management team meeting and develop a change management strategy memo to define what will be rolled out, to whom, how, and when in the process. Recognizing that it is one of the City’s priorities to support and guide employees in their roles to make this project a success—thereby making employees feel cared for, valued, respected, and in turn their customers—it is important to intentionally plan for the people side of change that comes with implementing a new ERP system. We provide the change management strategy memo.

Deliverable 1: Project Management Plan and Project Charter

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17 Phase II. Implementation Project Management

2.1 Develop and maintain an implementation project plan and resource plan. We will provide an indepth review of the Tyler’s implementation plans, including the management plan, project plan, and resource plan. We will discuss our recommended changes and considerations with City’s project team before communicating requested changes to Tyler. The goal is to collaboratively discuss preferred changes based upon City’s, Tyler’s, and BerryDunn’s collective experience and perspective for the most advantageous end products.

Following the review of the Tyler’s plans, we will develop any necessary supplemental materials we believe to be critical to City’s implementation. These may include further definition of stakeholders, risk management, project documentation, and other items such as a process and approval matrix to help ensure that scope change and budget are transparent and handled effectively and efficiently. The content areas will be determined by what is included in Tyler’s plans with the goal of removing any redundancy that might cause confusion to project stakeholders. This documentation will be reviewed and confirmed with City’s project team before being put into use.

2.2. Conduct implementation activities. One of the keys to project success is enabling City’s teams to take on appropriate roles and responsibilities and to make informed decisions for both implementation and long-term operational success and ownership of the software. Our project management approach is designed with this in mind. We will provide specialized expertise throughout the project.

Throughout the implementation, we will bring our prior implementation, local government, and OCM experience to provide a forward-looking perspective, reduce risk, and promote the achievement of the goals and objectives for the project. We anticipate being involved in the following key project management activities of the implementation, as shown below and on the following page.

No Key Implementation Activity Lead Assist
1 Reviewing the Project Management Plan and Schedule in conjunction with other project team members
2 Managing the project scope, deliverables, and timeline with assistance from other project team members
3 Coordinates City resources across all modules, phase, and activities 4 Helping to ensure that the project team stays focused, tasks are completed on schedule, and that the project stays on track 5 Coordinating project tasks with assistance from other project team members
6 Functioning as the main point of contact for Tyler’s project manager, participating in daily project activities (when applicable), and tracking project tasks
7 Holding monthly meetings with the City’s Executive Steering Committee to update project status and budget status, and to research a verdict on any escalated process decisions that need to be made 8 Reviewing the project budget, including cost control and change

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18 orders; validating Tyler invoices against project milestones prior to payment; and reviewing the Tyler’s contract compliance
9 Facilitating City staff’s development of workflow processes for each department/function. We will offer best practices/benchmarking based on our experience conducting similar projects
10 Facilitating the data conversion process with Tyler and City staff 11 Facilitating the development of software interfaces/integrations with Tyler and City staff
12 Working with Tyler and City staff and helping to ensure vendor accountability by:
• Identifying any opportunities to leverage technical
enhancements to improve the products and services
delivered to the City
• Facilitating the gathering and sharing of any technical information requested by Tyler
13 Providing risk management, including the following:
• Identifying project risks
• Developing mitigation strategies
• Communicating project risks to City and Tyler staff
• Assigning key activities to mitigate or resolve project risks
14 Providing weekly tracking of the following:
• Reporting of project risks and issues
• Recently completed tasks and upcoming project activities 15 Providing change management oversight, including the development and maintenance of a Change Management Process on how the new system will foster an organizational cultural change that may include the following:
• Change Structure and Governance Approach
• Communication Plan
• Knowledge Transfer Initiative for the creation and
documentation of workflows
We will develop a mid-point change management benchmarking survey to assess stakeholder readiness level at this point in the project and solicit feedback. We will analyze the results of the web survey and compile our findings to develop an assessment outlining the results and overarching themes in a mid-point benchmarking memo. This will aid the City’s efforts as it continues with implementation. 16 Managing the user acceptant training (UAT) process, including:

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19 Deliverable 2: Project Management Services
Phase III: Closeout

3.1 Conducting a project closeout work session. This work session will involve discussing project lessons learned in each phase, measuring achievement of project goals and objectives, discussing incomplete implementation tasks, and conducting transition planning for moving to long-term operation of the ERP solution and associated policies and processes. We will document all the items discussed in a Project Closeout Memo.

3.2 Develop a Project Phase Closeout Memo. Based on the information gathered from our closeout work session, BerryDunn will develop a Project Closeout Memo, which will document lessons learned in each phase, compare project outcomes to project goals and objectives, list any remaining action items to conclude the implementation, and identify tasks, roles, and responsibilities for transitioning to operational use of the ERP solution and associated policies and processes.

Deliverable 3: Project Closeout Memo
Anticipated Schedule
Below, we highlight our proposed project schedule for the City’s requested work effort. We are happy to adjust this schedule to best accommodate the City’s needs, as appropriate.

Year/Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2024
2025
2026
• Reviewing the Tyler’s test plan and any applicable test scripts
• Providing on-site assessment of testing activities
• Providing recommendations for modifications to the
testing plan to increase the likelihood of success
• Directing City staff in the development of tailored test scripts
• Managing logistics related to scheduling UAT activities • Providing analysis of test results
• Overseeing regression testing and required configuration changes
17 Facilitating oversight of Tyler training activities, including:
• Reviewing Tyler’s training plan and training materials • Overseeing Tyler training activities
• Providing recommendations for modifications to the
training delivery
• Providing feedback on Tyler’s training documentation
18 Providing go-live support

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20 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials Agreement.

Phase I Financials Components
Service Type Role Hourly Rate Support
Hours
Extended Cost
Project Management Project Manager $250.00 700 $175,000.00 Other (if applicable)
Contingency* Travel $9,000.00
Total $184,000.00
*If needed, please include any recommended contingency amount. List any reimbursable expenses. Describe any remaining fees or additional fees not included above.

Phase II Human Resources Management Components
Service Type Role Hourly Rate Support
Hours
Extended Cost
Project Management Project Manager $250.00 730 $182,500.00 Other (if applicable)
Contingency* Travel $9,000.00
Total $191,500.00
*If needed, please include any recommended contingency amount. List any reimbursable expenses. Describe any remaining fees or additional fees not included above.

Total Phase I and Phase II Cost: $375,500.00
Phase III Utility Billing Components (optional)
Hourly rate: $250.00
Number of Support Hours: unknown at this time

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21 EXHIBIT C
Activity Schedule
Below is a listing of Phase I and Phase II functional components/applications to be implemented with Tyler MUNIS with start dates and go-live dates, respectively.

Functional Areas Modules Start Date Go-Live Date
Financials • Accounting
• Accounts Payable
• Bid Management
• Budgeting
• Capital Assets
• Cash Management
• Contract Management
• E-Procurement
• Project and Grant Accounting
• Purchasing
• Accounts Receivable
• General Billing
• ACFR Statement Builder
• Cashiering
January 2024 July 2025
System Wide • Enterprise Analytics & Reporting
o Tyler Reporting Services
o MUNIS Office
o HUB
• Enterprise Forms Processing
• Content Manager Core
Human Resource
Management
• Payroll w/ Employee Access
• HR & Talent Management
• Time and Attendance
• Employee Expense Reimbursement
July 2024 January 2026
Financials • Utility Billing TBD TBD

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22 EXHIBIT D

INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.

Contractor or 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 and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors.

Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.

Contractor or Consultant shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Commercial General Liability (CGL):
___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. _X_ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability:
_X_ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage. ___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single limit for bodily injury and property damage.

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23 ___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):
_X_ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. ___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
_X_ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verification it has no employees) The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):
___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Contractor’s or Consultant’s Pollution Legal Liability:
___ Contractor’s or Consultant’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.

If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Cyber Liability Insurance
___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.

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24 Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

Surety Bonds:

Contractor shall provide the following Surety Bonds:
____ Bid Bond
____ Performance Bond
____ Payment Bond
The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain the following provisions:
_X_ Additional Insured Status and Primary/Non-Contributory Language:

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor or Consultant may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. _X_ Notice of Cancellation, Suspension or Otherwise Voiding Policies:

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25 Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City. _X_ Waiver of Subrogation:

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.
___ Completed Operations
For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):

Any deductibles or self-insured retentions must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability 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 City.

Claims Made Policies: (note - should be applicable only to professional liability, see below)

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26 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor or Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

Verification of Coverage:

Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

Failure to Comply:

38077.00180\29167975.12 C2
27 Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Applicability of Coverage:

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or 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.

38077.00180\29167975.12 C2
28 Exhibit E
Tyler Technologies Reference Documents
See following pages

Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.

Tyler sales quotation follows this page.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit A
2 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit A
3 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit A
4 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311 Dec-22-2023
NedThomas

Exhibit A
5 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit A
6 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit A
7 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit A
8 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit A
9 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit A
10 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

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 payable as set at the end of this section. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates. The foregoing notwithstanding, Tyler agrees to limit increases to annual SaaS Fees for the first five renewals following the end of the initial five (5)-year term (i.e., years six through ten) as follows:
• Year 6: 3%
• Year 7: 3%
• Year 8: 5%
• Year 9: 5%
• Year 10: 5%.

Payment Due Date Payment Amount
1/1/24 $57,681
4/1/24 $57,681
7/1/24 $61,938
10/1/24 $61,938
1/1/25 &61,938
4/1/25 $61,938
7/1/25 $61,939
10/1/25 $61,939
1/1/26 $247,754
1/1/27 $247,754
1/1/28 $247,754

2. Other Tyler Software and Services.

2.1 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary. Hours invoiced during a project phase may not exceed the hours allocated to phase as represented in the project plan without your advanced written consent, not to be unreasonably withheld. The foregoing DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit B
2 notwithstanding, the Client may retain ten percent (10%) of the implementation and other professional fees payable for services delivered during a phase identified in the Statement of Work (a “Retention”), with such Retention to be paid sixty (60) days following the applicable phase live date. The foregoing notwithstanding, Tyler has the right to invoice Client for a Retention if the Client delays a phase live date by more than ninety (90) days and such delay is not caused by Force Majeure or Tyler’s failure to perform.

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

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

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

2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.

2.6 Web Services: Annual fees for web services are payable in advance, commencing upon the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.

2.7 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.

3. Third Party Products and Hardware.

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

3.2 Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when we make it available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at thencurrent rates, upon each anniversary thereof.

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

3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.

3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit B
3 with applicable expenses, at the rates set forth in the Investment Summary. For the avoidance of doubt, Finite Matters will invoice Client directly for any services fees for Pattern Stream.

3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates.

4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than ninety (90) days.

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

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

Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].

DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

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.

DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

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.

DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

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.

DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

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.

DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit C
1 Exhibit C

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

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

Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.

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

Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.

Emergency Maintenance Window: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.

Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.

Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used in the live production environment.

Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.

III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit C
2 When oursupport team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month.

In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your relief request within thirty (30) day(s) of receipt.

The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.

Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months and only for such consecutive months.

Client Relief Schedule
Actual Attainment Client Relief

99.99% - 99.70% Remedial action will be taken

99.69% - 98.50% 2% of SaaS Fees paid for applicable month

98.49% - 97.50% 4% of SaaS Fees paid for applicable month

97.49% - 96.50% 6% of SaaS Fees paid for applicable month

96.49% - 95.50% 8% of SaaS Fees paid for applicable month Below 95.50% 10% of SaaS Fees paid for applicable month * Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.

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

Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.

DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit C
Schedule 1
1 Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website.

A built-in Answer Panel provides users with resolutions to most “how-to” and configurationbased questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support.
* Channel availability may be limited for certain applications.

Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University – online training courses on Tyler products.

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

New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit C
Schedule 1
2 support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.

We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.

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

Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client will reasonably set the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only.

References to a “confirmed support incident” mean that Tyler and the Client have successfully validated the reported Defect/support incident.

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

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

DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit C
Schedule 1
3 Priority
Level
Characteristics of Support
Incident Resolution Targets*
2 High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting
more than one user or (b) loss
or corruption of data.

Tyler shall provide an initial response to
Priority Level 2 incidents within four (4)
business hours of receipt of the
incident. Once the incident has been
confirmed, Tyler shall use commercially
reasonable efforts to resolve such support
incidents or provide a circumvention
procedure within ten (10) business
days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted data is
limited to assisting the Client in restoring its
last available database.
3 Medium
Priority Level 1 incident with an
existing circumvention
procedure, or a Priority Level 2
incident that affects only one
user or for which there is an
existing circumvention
procedure.

Tyler shall provide an initial response to
Priority Level 3 incidents within one (1)
business day of receipt of the
incident. Once the incident has been
confirmed, Tyler shall use commercially
reasonable efforts to resolve such support
incidents without the need for a
circumvention procedure with the next
published maintenance update or service
pack, which shall occur at least
quarterly. For non-hosted customers,
Tyler’s responsibility for lost or corrupted
data is limited to assisting the Client in
restoring its last available database.
4 Noncritical
Support incident that causes
failure of non-essential
functionality or a cosmetic or
other issue that does not
qualify as any other Priority
Level.

Tyler shall provide an initial response to
Priority Level 4 incidents within two (2)
business days of receipt of the
incident. Once the incident has been
confirmed, Tyler shall use commercially
reasonable efforts to resolve such support
incidents, as well as cosmetic issues, with a
future version release.
*
Response and Resolution Targets may differ by product or business need Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.

DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit C
Schedule 1
4 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.

DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit D
1 Exhibit D
Third Party Terms
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.

DocOrigin Terms. Your use of Tyler Forms soware and forms is subject to the DocOrigin End User License Agreement available for download here: hps://eclipsecorp.us/eula/. By signing a Tyler Agreement or Order Form including Tyler forms soware or forms, or accessing, installing, or using Tyler Forms soware or forms, you agree that you have read, understood, and agree to such terms.

DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit E
2 Exhibit E
Statement of Work
Statement of Work follows this page.

DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

Exhibit E
3 SOW from Tyler Technologies, Inc.

Presented to:

City of Milpitas
455 E Calaveras Blvd
Milpitas, CA 95035-5411
Contact:

Katharina Howard
Email: [email protected]
1 Tyler Drive Yarmouth, Maine 04096
DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

City of Milpitas, CA
Tyler Technologies, Inc. Page | i
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............................................................................................................. 7 Tyler Executive Manager............................................................................................................. 7 Tyler Implementation Manager.................................................................................................. 7 Tyler Project Manager................................................................................................................. 7 Tyler Implementation Consultant............................................................................................... 8 Tyler Sales ................................................................................................................................... 9 Tyler Technical Services.............................................................................................................. 9 City of Milpitas Roles & Responsibilities............................................................................................. 9 City of Milpitas Executive Sponsor.............................................................................................. 9 City of Milpitas Steering Committee......................................................................................... 10 City of Milpitas Project Manager .............................................................................................. 10 City of Milpitas Functional Leads.............................................................................................. 12 City of Milpitas Power Users..................................................................................................... 12 City of Milpitas End Users......................................................................................................... 13 City of Milpitas Technical Lead ................................................................................................. 13 City of Milpitas Change Management Lead.............................................................................. 13 PART 3: PROJECT PLAN........................................................................................................................... 14 Project Stages.................................................................................................................................14 Initiate and Plan ................................................................................................................................ 15 Initial Coordination ................................................................................................................... 15 Project/Phase Planning............................................................................................................. 16 Infrastructure Planning ............................................................................................................. 17 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

City of Milpitas, CA
Tyler Technologies, Inc. Page | ii
Stakeholder Meeting................................................................................................................. 18 Intentionally left blank.............................................................................................................. 19 Control Point 1: Initiate & Plan Stage Acceptance.................................................................... 19 Assess & Define................................................................................................................................. 20 Solution Orientation.................................................................................................................. 20 Current & Future State Analysis................................................................................................ 20 Data Assessment....................................................................................................................... 22 Conversion Assessment ............................................................................................................ 23 Intentionally left blank.............................................................................................................. 24 Intentionally left blank.............................................................................................................. 24 Control Point 2: Assess & Define Stage Acceptance................................................................. 24 Prepare Solution ............................................................................................................................... 25 Initial System Deployment........................................................................................................ 25 Configuration ............................................................................................................................ 26 Process Refinement .................................................................................................................. 27 Conversion Delivery .................................................................................................................. 28 Intentionally left blank.............................................................................................................. 30 Intentionally left blank.............................................................................................................. 30 Control Point 3: Prepare Solution Stage Acceptance................................................................ 30 Production Readiness ....................................................................................................................... 30 Solution Validation.................................................................................................................... 31 Go-Live Readiness..................................................................................................................... 32 End User Training...................................................................................................................... 33 Control Point 4: Production Readiness Stage Acceptance........................................................ 34 Production......................................................................................................................................... 34 Go-Live ...................................................................................................................................... 34 Transition to Client Services...................................................................................................... 36 Post Go-Live Activities............................................................................................................... 37 Control Point 5: Production Stage Acceptance......................................................................... 38 Close.................................................................................................................................................. 38 Phase Closeout.......................................................................................................................... 38 Project Closeout........................................................................................................................ 39 Control Point 6: Close Stage Acceptance.................................................................................. 40 General Assumptions......................................................................................................................41 Project............................................................................................................................................... 41 Organizational Change Management ............................................................................................... 41 Resources and Scheduling ................................................................................................................ 41 Data................................................................................................................................................... 42 Facilities............................................................................................................................................. 42 Glossary .........................................................................................................................................43 PART 4: APPENDICES ............................................................................................................................... 46 Conversion .....................................................................................................................................46 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Enterprise ERP Conversion Summary ............................................................................................... 46 Accounting ................................................................................................................................ 46 Accounts Payable ...................................................................................................................... 46 Contracts................................................................................................................................... 46 Project Accounting.................................................................................................................... 47 Purchase Orders........................................................................................................................ 47 Human Resources Management............................................................................................... 47 General Billing........................................................................................................................... 48 Additional Appendices................................................................................................................49 Intentionally left blank..........................................................................Error! Bookmark not defined.

Project Timeline..........................................................................................................................53 ERP Project Timeline ......................................................................................................................... 54 Data & Insights Project Plan.............................................................................................................. 54 Intentionally left blank...................................................................................................................... 55 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

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Part 1: Executive Summary
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.

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 of Milpitas (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
This is accomplished by the City of Milpitas 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 of Milpitas’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 of Milpitas and Tyler commit to including the necessary leadership and governance. During each stage of the Project, it is expected that the City of Milpitas 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 of Milpitas’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 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 of Milpitas 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 of Milpitas Steering Committee become the escalation points to triage responses prior to escalation to the City of Milpitas 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 of Milpitas and Tyler executive sponsors serve as the final escalation point.

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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.

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.

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 of Milpitas; for example, the City of Milpitas may decide it no DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

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longer needs a deliverable originally defined in the Project. The Change Request will include the following information:
▪ The nature of the change.
▪ A good faith estimate of the additional cost or associated savings to the City of Milpitas, if any. ▪ The timetable for implementing the change.
▪ The effect on and/or risk to the schedule, resource needs or resource responsibilities.

The City of Milpitas 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 of Milpitas). 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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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 of Milpitas office or department designates specific individuals for making decisions on behalf of their offices or departments.

Both Tyler and the City of Milpitas 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 of Milpitas feedback and approval on Project deliverables will be critical to the success of the Project. The City of Milpitas project manager will strive to gain deliverable and decision approvals from all authorized City of Milpitas 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 of Milpitas 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 of Milpitas shall have ten (10) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the City of Milpitas does not provide acceptance or acknowledgement within ten (10) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
▪ If the City of Milpitas does not agree the Deliverable or Control Point meets requirements, the City of Milpitas shall notify Tyler project manager(s), in writing, with reasoning within ten (10) business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable.
▪ Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The City of Milpitas shall then have five (5) 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 of Milpitas does not provide acceptance 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.

The following defines the roles and responsibilities of each Project resource for the City of Milpitas and Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at the City of Milpitas, but are roles defined within the Project. It is common for individual resources on both the Tyler and City of Milpitas project teams to fill multiple roles. Similarly, it is common for some roles to be filled by multiple people.

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Tyler assigns a project manager 45 days 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.

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 of Milpitas ’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 of Milpitas ’s executive sponsor. ▪ 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 of Milpitas 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. ▪ The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources between departments, coordination of third parties for interface execution, 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 of Milpitas, the Tyler Project Manager provides regular updates to the City of Milpitas Steering Committee and other Tyler governance members. Tyler Project Manager’s role includes responsibilities in the following areas:
▪ Validates contract compliance throughout the Project. ▪ Ensures Deliverables meet contract requirements.
▪ Acts as primary point of contact for all contract and invoicing questions.

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▪ Prepares and presents contract milestone sign-offs for acceptance by the City of Milpitas project manager(s).
▪ Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance. ▪ Delivers project planning documents.
▪ Defines Project tasks and resource requirements.
▪ Develops initial Project schedule and Project Management Plan. ▪ Collaborates with the City of Milpitas project manager(s) to plan and schedule Project timelines to achieve on-time implementation.
▪ 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 of Milpitas and Tyler and proactively manages the resolution of the issues/risks with the assigned Tyler staff and City stakeholders.
▪ .
▪ Collaborates with the City of Milpitas ’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 of Milpitas ’s project manager(s) to set a routine communication plan that will aide all Project team members, of both the City of Milpitas and Tyler, in understanding the goals, objectives, status, and health of the Project. ▪ Prepares for project status meetings by creating meeting agendas, status reports, and facilitating the meetings
▪ 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. ▪ In case of a resource replacement, will coordinate and ensure an internal knowledge transfer that will facilitate a smooth transition from one resource to another. ▪ 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.
▪ Coordinates with City and in Scope 3rd party providers to align activities, including interface development, with ongoing Project tasks.
▪ Completes tasks as assigned by the Tyler project manager(s).

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▪ Communicates with Tyler project manager(s) regarding any issues requiring additional project activities, changes to previous actions, or that may create project risks. ▪ Documents activities for services performed by Tyler. ▪ Creates and delivers a site implementation report for each session delivered that captures topics covered, decisions made, issues encountered, agenda items not covered, as well as potential homework items resulting from the training session.
▪ Guides the City of Milpitas through software validation process following configuration. ▪ Provides recommendations on configuration and business processes to follow best practices and best utilize the Tyler software.
▪ Assists during Go-Live process and provides support until the City of Milpitas transitions to Client Services.
▪ Facilitates training sessions and discussions with the City of Milpitas and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. ▪ Possesses in-depth understanding of functionality within the software products in the scope of their sessions.
▪ Possesses an understanding of how decisions within the software products in the scope of their sessions may affect other purchased software products, or when to contact another Tyler resource to discuss these decisions.
▪ May provide conversion review and error resolution assistance. ▪ 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. ▪ 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, such as database refreshes, upgrades, loading conversion data, amongst others ▪ Deploys Tyler products.

City of Milpitas resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles.

The City of Milpitas 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 DocuSignEnvelopeID:4A74E55D-2411-47CF-94AC-F257532B1311

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City of Milpitas steering committee, project manager(s), and functional leads to make critical business decisions for the City of Milpitas.
▪ Champions the project at the executive level to secure buy-in. ▪ Authorizes required project resources.
▪ Actively participates in organizational change communications.

The City of Milpitas 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 of Milpitas project manager and Project through participation in regular internal meetings. The City of Milpitas steering committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. The City of Milpitas steering committee also serves as primary level of issue resolution for the Project. ▪ Works to resolve all decisions and/or issues not resolved at the project manager level as part of the escalation process.
▪ Attends all scheduled steering committee meetings.
▪ Provides support for the project team.
▪ Assists with communicating key project messages throughout the organization. ▪ Prioritizes the project within the organization.
▪ Ensures the project staffed appropriately and that staff have necessary resources. ▪ Monitors project progress including progress towards agreed upon goals and objectives. ▪ Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
o Project Goals
o City of Milpitas Policies
o Needs of other client projects
The City of Milpitas 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 of Milpitas Project Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the City of Milpitas 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 of Milpitas project manager(s) are responsible for reporting to the City of Milpitas steering committee and determining appropriate escalation points.
▪ 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.

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▪ Reviews and accepts project planning documents.
▪ Defines project tasks and resource requirements for the City of Milpitas 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 ontime implementation. ▪ 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 of Milpitas and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to Tyler any items that may impact the outcomes of the project.
▪ Collaborates with Tyler project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project.
▪ Routinely communicates with both the City of Milpitas 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.
▪ Acts as liaison between project team and stakeholders. ▪ Identifies and coordinates all City of Milpitas 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 of Milpitas 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.

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▪ 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 of Milpitas 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 of Milpitas resources
o Attendance at scheduled sessions
o Change management activities
o Modification specification, demonstrations, testing and approval assistance o Data analysis assistance
o Decentralized end user training
o Process testing
o Solution Validation
▪ Participate in project activities as required by the project team and project manager(s). ▪ Provide subject matter expertise on the City of Milpitas 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 of Milpitas staff during and after implementation. ▪ Participate in conversion review and validation.

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▪ 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. ▪ 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 of Milpitas 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 of Milpitas’s legacy system per the conversion schedule set forth in the project schedule. ▪ Becomes familiar with the software upgrade process and required steps. ▪ Becomes familiar with Tyler’s releases and updates.
▪ Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the City of Milpitas’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 of Milpitas and Tyler resources. ▪ Communicates changes affecting users and department stakeholders. ▪ Obtains department stakeholder acceptance to upgrade production environment. ▪ 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
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 of Milpitas.

Work Breakdown Structure (WBS)

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*
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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.

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 of Milpitas 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 of Milpitas 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 of Milpitas’s team. During this step, Tyler will work with the City of Milpitas to establish the date(s) for the Project and Phase Planning session. ▪ Formally launch the project.
▪ Establish project governance.
▪ Define and communicate governance for Tyler.
▪ Identify City of Milpitas project team.

Tyler City of Milpitas
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering Com mittee
Project ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (PowerUsers) Department HeadsEnd UsersTechnical Leads Tyler project team is assigned
(Project Manager to be
assigned 45 days prior to start
of each phase, and resume
provided).

A R C I I I I I I
City of Milpitas project team
is assigned A I R I I I
Provide initial project
documents to the City of
Milpitas

A R C C I I
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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
Inputs Contract documents
Statement of Work
Outputs/Deliverables Working initial project documents
Project portal
▪ Project activities begin after the agreement has been fully executed.

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 of Milpitas 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 of Milpitas 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 of Milpitas’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 of Milpitas 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 of Milpitas 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.

Tyler City of Milpitas
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RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering Com mittee
Project ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (PowerUsers) Department HeadsEnd UsersTechnical Leads Schedule and
conduct planning
session(s)

A R I C C I
Develop Project
Management Plan A R I C C I
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
Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule City of Milpitas provides acceptance of schedule based on resource availability,
project budget, and goals.
▪ City of Milpitas has reviewed and completed the Guide to Starting Your Project document.

Procuring required hardware and setting it up properly is a critical part of a successful implementation.

This task is especially important for Tyler-hosted/SaaS deployment models. Tyler will be responsible for building the environments for a hosted/SaaS deployment, unless otherwise identified in the Agreement.

Tyler will install Licensed Software on application server(s) or train the City of Milpitas to install License Software. The City of Milpitas is responsible for the installation and setup of all peripheral devices. ▪ Ensure the City of Milpitas’s infrastructure meets Tyler’s application requirements. ▪ Ensure the City of Milpitas’s infrastructure is scheduled to be in place and available for use on time.

Tyler City of Milpitas
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RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering Com mittee
Project ManagerFunctional LeadsChange Management LeadsSubject Matter Experts(Power Users) Department HeadsEnd UsersTechnical Leads Provide
Infrastructure
Requirements and
Design Document

A R C C I I
Initial Infrastructure
Meeting A R C C C C
Schedule SaaS
Environment
Availability

A R C I
Schedule Installation
of All Licensed
Software

A R C I I
Infrastructure Audit A R C I C
Inputs Initial Infrastructure Requirements
Outputs /
Deliverables
Completed Infrastructure Requirements Delivery of Requirements Infrastructure Audit System Passes Audit Criteria
Communication of the Project planning outcomes to the City of Milpitas 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 of Milpitas 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. ▪ Formally present and communicate the project activities and timeline. ▪ Communicate project expectations.

Tyler City of Milpitas
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City of Milpitas, CA
Tyler Technologies, Inc. Page | 19
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering Com mittee
Project ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (PowerUsers) Department HeadsEnd UsersTechnical Leads Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
Inputs Agreement
SOW
Project Management Plan
Outputs /
Deliverables
Stakeholder Meeting Presentation
▪ None
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.
▪ Project Management Plan
▪ Initial Project Schedule
▪ All stage deliverables accepted based on acceptance criteria previously defined ▪ Project governance defined
▪ Project portal made available to the City of Milpitas ▪ Stakeholder meeting complete
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The Assess & Define stage will provide an opportunity to gather information related to current City of Milpitas business processes. This information will be used to identify and define business processes utilized with Tyler software. The City of Milpitas collaborates with Tyler providing complete and accurate information to Tyler staff and assisting in analysis, understanding current workflows and business processes.

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 of Milpitas team knowledge transfer such as: eLearning, documentation, or walkthroughs. The City of Milpitas 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 of Milpitas for current and future state analysis.

Tyler City of Milpitas
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering Com mittee
Project ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (PowerUsers) Department HeadsEnd UsersTechnical Leads Provide pre-requisites A R I I I I I
Complete prerequisites A R C C
Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process changes that will be achieved with the new system.

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The City of Milpitas 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 of Milpitas 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 of Milpitas’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 and not responded with a “Y” or “F” or “R” in Tyler’s Requirements response of the RFP will follow the agreed upon change control process and can have impacts on the project schedule, scope, budget, and resource availability.

Tyler City of Milpitas
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering Com mittee
Project ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (PowerUsers) Department HeadsEnd UsersTechnical Leads Current State process
review A R I I I C C C C C
Discuss future-state
options A R C C C C C C C C
Make future-state
decisions (non-COTS) C C C C C A R I C C
Document anticipated
configuration options
required to support
future state

A R C C C I I I I I
Inputs City of Milpitas current state documentation
Solution Orientation completion
Outputs /
Deliverables
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