Agenda packet — Newark City Council, December 11, 2025 (part 3 of 5)

APPENDIX 2, TABLE 2
AVERAGE ANNUAL WORKER COMPENSATION, 2013
SERVICES TO HOUSEHOLDS EARNING $75-$100,000

RESIDENTIAL NEXUS ANALYSIS

CITY OF NEWARK, CA
Occupation 3

Page 4 of 4 ends

Transportation and Material Moving Occupations
Bus Drivers, School or Special Client
Driver/Sales Workers
Heavy and Tractor-Trailer Truck Drivers
Light Truck or Delivery Services Drivers
Taxi Drivers and Chauffeurs
Parking Lot Attendants
Industrial Truck and Tractor Operators
Cleaners of Vehicles and Equipment
Laborers and Freight, Stock, and Material Movers, Hand
Packers and Packagers, Hand
All Other Transportation and Material Moving Occupations (Avg. All Categories) Weighted Mean Annual Wage
2013 Avg.

Compensation 1
$35,600
$34,100
$44,800
$37,300
$29,100
$27,400
$43,400
$24,500
$31,400
$23,700
$33.800
$33,800
% of Total % of Total
Occupation Resident Services
Group 2 Workers

6.4% 0.3%

7.9% 0.4%

13.1% 0.7%

11.4% 0.6%

3.6% 0.2%

4.1% 0.2%

3.4% 0.2%

6.3% 0.3%

23.4% 1.2%

7.0% 0.4%

13.4% 0.7%
100.0% 5.3%

87.9%
1 The methodology utilized by the California Employment Development Department (EDD) assumes that hourly paid employees are employed full-time. Annual compensation is calculated by EDD by multiplying hourly wages by 40 hours per work week by 52 weeks. 2 Occupation percentages are based on the 2012 National Industry - Specific Occupational Employment survey compiled by the Bureau of Labor Statistics. Wages are based on the 2012 Occupational Employment Survey data for Alameda County, updated by the California Employment Development Department to 2013 wage levels. 3 Including occupations representing 3% or more of the major occupation group Sources: U.S. Bureau of Labor Statistics. California Employment Development Department. IMPLAN Keyser Marston Associates, Inc.
\\Sf-fs2\wp\16\16090\001\75-100k Newark 2-26-14; 2/27/2014; dd

Page 71 ends

APPENDIX 2, TABLE 3
WORKER OCCUPATION DISTRIBUTION, 2012
SERVICES TO HOUSEHOLDS EARNING $100,000 TO $150,000

RESIDENTIAL NEXUS ANALYSIS

CITY OF NEWARK, CA
Worker Occupation Distribution 1
Services to Households Earning
Major Occupations (2% or more) $100,000 to $150,000
Management Occupations 3.9%
Business and Financial Operations Occupations 3.4%
Education, Training, and Library Occupations 3.2%
Healthcare Practitioners and Technical Occupations 8.1% Healthcare Support Occupations 4. 7%
Food Preparation and Serving Related Occupations 14.8%
Building and Grounds Cleaning and Maintenance Occupations 5.6% Personal Care and Service Occupations 5.4%
Sales and Related Occupations 14. 7%
Office and Administrative Support Occupations 15.3%
Installation, Maintenance, and Repair Occupations 3.5%
Transportation and Material Moving Occupations 5.3%
All Other Worker Occupations - Services to Households Earning 12.1% $100,000 to $150,000
INDUSTRY TOT AL 100.0%
1 Distribution of employment by industry is per the IMPLAN model and the distribution of occupational employment within those industries is based on the Bureau of Labor Statistics Occupational Employment Survey.

Source: Bureau of Labor Statistics, IMPLAN
Keyser Marston Associates, Inc.
\\Sf-fs2\wp\16\16090\001\100-150k Newark 2-26-14; 2/27/2014; dd Page 72 APPENDIX 2, TABLE 4
AVERAGE ANNUAL WORKER COMPENSATION, 2013
SERVICES TO HOUSEHOLDS EARNING $100,000 TO $150,000

RESIDENTIAL NEXUS ANALYSIS

CITY OF NEWARK, CA
Occupation 3

Page 1 of 4 ends

Management Occupations
Chief Executives
General and Operations Managers
Sales Managers
Administrative Services Managers
Financial Managers
Food Service Managers
Medical and Health Services Managers
Property, Real Estate, and Community Association Managers Social and Community Service Managers
Managers, All Other
All other Management Occupations (Avg. All Categories)
Business and Financial Operations Occupations
Human Resources Specialists
Labor Relations Specialists
Management Analysts
Training and Development Specialists
Market Research Analysts and Marketing Specialists
Business Operations Specialists, All Other
Accountants and Auditors
Financial Analysts
Personal Financial Advisors
Loan Officers
Weighted Mean Annual Wage
All Other Business and Financial Operations Occupations (Avg. All Categories) Weighted Mean Annual Wage
Education, Training, and Library Occupations
Vocational Education Teachers, Postsecondary
Preschool Teachers, Except Special Education
Elementary School Teachers, Except Special Education
Middle School Teachers, Except Special and Career/Technical Education Secondary School Teachers, Except Special and Career/Technical Education Self-Enrichment Education Teachers
Substitute Teachers
Teachers and Instructors, All Other, Except Substitute Teachers Teacher Assistants
All Other Education, Training, and Library Occupations (Avg. All Categories) Weighted Mean Annual Wage
2013 Avg.

Compensation 1
$199,700
$132,900
$141,700
$101,200
$144,800
$51,200
$113,500
$85,600
$74,600
$134,300
i120,700
$120,700
$74,600
$81,200
$103,200
$86,500
$86,100
$89,300
$80,100
$98,300
$81,000
$83,100
i85,700
$85,700
$57,600
$33,900
$71,200
$71,000
$71,600
$51,100
$41,500
$60,400
$32,000
iS0,100
$50,100
Sources: U.S. Bureau of Labor Statistics, California Employment Development Department, IMPLAN Keyser Marston Associates, Inc.
\\Sf-fs2\wp\ 16\ 16090\001 \ 100-1 S0k Newark 2-26-14; 2/27/2014; dd % of Total % of Total
Occupation Resident Services
Group 2 Workers

3.8% 0.1%

33.5% 1.3%

5.2% 0.2%

3.9% 0.2%

6.8% 0.3%

5.9% 0.2%

7.3% 0.3%

8.6% 0.3%

4.0% 0.2%

3.1% 0.1%

17.8% 0.7%
100.0% 3.9%

5.9% 0.2%

4.0% 0.1%

5.8% 0.2%

4.3% 0.1%

6.9% 0.2%

13.2% 0.5%

16.6% 0.6%

4.8% 0.2%

5.8% 0.2%

4.9% 0.2%

27.9% 1.0%
100.0% 3.4%

4.7% 0.1%

13.0% 0.4%

9.1% 0.3%

4.0% 0.1%

6.2% 0.2%

10.8% 0.3%

4.4% 0.1%

7.5% 0.2%

15.8% 0.5%

24.5% 0.8%
100.0% 3.2%

Page 73 ends

APPENDIX 2, TABLE 4
AVERAGE ANNUAL WORKER COMPENSATION, 2013
SERVICES TO HOUSEHOLDS EARNING $100,000 TO $150,000

RESIDENTIAL NEXUS ANALYSIS

CITY OF NEWARK, CA
Occupation 3

Page 2 of 4 ends

Healthcare Practitioners and Technical Occupations
Pharmacists
Physicians and Surgeons, All Other
Registered Nurses
Dental Hygienists
Pharmacy Technicians
Licensed Practical and Licensed Vocational Nurses
All Other Healthcare Practitioners and Technical Occupations (Avg. All Categories) Weighted Mean Annual Wage
Healthcare Support Occupations
Home Health Aides
Nursing Assistants
Dental Assistants
Medical Assistants
All Other Healthcare Support Occupations (Avg. All Categories) Weighted Mean Annual Wage
Food Preparation and Serving Related Occupations
First-Line Supervisors of Food Preparation and Serving Workers Cooks, Fast Food
Cooks, Restaurant
Food Preparation Workers
Bartenders
Combined Food Preparation and Serving Workers, Including Fast Food Counter Attendants, Cafeteria, Food Concession, and Coffee Shop Waiters and Waitresses
Dining Room and Cafeteria Attendants and Bartender Helpers Dishwashers
Hosts and Hostesses, Restaurant, Lounge, and Coffee Shop All Other Food Preparation and Serving Related Occupations (Avg. All Categories) Weighted Mean Annual Wage
Building and Grounds Cleaning and Maintenance Occupations First-Line Supervisors of Housekeeping and Janitorial Workers Janitors and Cleaners, Except Maids and Housekeeping Cleaners Maids and Housekeeping Cleaners
Landscaping and Groundskeeping Workers
All Other Building and Grounds Cleaning and Maintenance Occupations (Avg. All Cati Weighted Mean Annual Wage
2013 Avg.

Compensation 1
$131,300
$190,500
$115,100
$98,900
$47,100
$60,400
$105,500
$105,500
$29,100
$35,300
$40,300
$37,700
$34,700
$34,700
$31,700
$19,900
$26,200
$22,800
$22,600
$21,500
$20,600
$21,600
$19,400
$21,600
$20,900
$22,700
$22,700
$47,200
$31,800
$29,600
$31,600
$32,000
$32,000
Sources: U.S. Bureau of Labor Statistics, California Employment Development Department, IMPLAN Keyser Marston Associates, Inc.
\\Sf-fs2\wp\ 16\ 16090\001 \ 100-150k Newark 2-26-14; 2/27/2014; dd % of Total % of Total
Occupation Resident Services
Group 2 Workers

4.1% 0.3%

4.3% 0.4%

30.7% 2.5%

3.7% 0.3%

5.5% 0.4%

9.4% 0.8%

42.2% 3.4%
100.0% 8.1%

21.9% 1.0%

32.6% 1.5%

9.9% 0.5%

16.7% 0.8%

18.9% 0.9%
100.0% 4.7%

7.0% 1.0%

4.8% 0.7%

9.0% 1.3%

6.4% 0.9%

5.0% 0.7%

26.2% 3.9%

3.6% 0.5%

20.9% 3.1%

3.2% 0.5%

4.4% 0.6%

3.1% 0.5%

6.6% 1.0%
100.0% 14.8%

3.4% 0.2%

51.2% 2.9%

11.9% 0.7%

25.2% 1.4%

8.3% 0.5%
100.0% 5.6%

Page 74 ends

APPENDIX 2, TABLE 4
AVERAGE ANNUAL WORKER COMPENSATION, 2013
SERVICES TO HOUSEHOLDS EARNING $100,000 TO $150,000

RESIDENTIAL NEXUS ANALYSIS

CITY OF NEWARK, CA
Occupation 3

Page 3 of 4 ends

Personal Care and Service Occupations
First-Line Supervisors of Personal Service Workers
Nonfarm Animal Caretakers
Ushers, Lobby Attendants, and Ticket Takers
Amusement and Recreation Attendants
Hairdressers, Hairstylists, and Cosmetologists
Childcare Workers
Personal Care Aides
Fitness Trainers and Aerobics Instructors
Recreation Workers
All Other Personal Care and Service Occupations (Avg. All Categories) Sales and Related Occupations
First-Line Supervisors of Retail Sales Workers
Cashiers
Counter and Rental Clerks
Retail Salespersons
Sales Representatives, Services, All Other
Weighted Mean Annual Wage
Sales Representatives, Wholesale and Manufacturing, Except Technical and Scientifo All Other Sales and Related Occupations (Avg. All Categories) Weighted Mean Annual Wage
Office and Administrative Supporl Occupations
First-Line Supervisors of Office and Administrative Support Workers Bookkeeping, Accounting, and Auditing Clerks
Customer Service Representatives
Receptionists and Information Clerks
Stock Clerks and Order Fillers
Executive Secretaries and Executive Administrative Assistants Medical Secretaries
Secretaries and Administrative Assistants, Except Legal, Medical, and Executive Office Clerks, General
All Other Office and Administrative Support Occupations (Avg. All Categories) Weighted Mean Annual Wage
Installation, Maintenance, and Repair Occupations
First-Line Supervisors of Mechanics, Installers, and Repairers Automotive Body and Related Repairers
Automotive Service Technicians and Mechanics
Bus and Truck Mechanics and Diesel Engine Specialists
Tire Repairers and Changers
Maintenance and Repair Workers, General
All Other Installation, Maintenance, and Repair Occupations (Avg. All Categories) Weighted Mean Annual Wage
2013 Avg.

Compensation 1
$42,900
$25,500
$22,300
$22,700
$29,500
$23,600
$22,600
$50,600
$28,200
$27,300
$27,300
$49,500
$26,400
$33,900
$28,700
$71,400
$73,800
$34,300
$34,300
$62,400
$45,900
$43,200
$34,600
$29,100
$60,100
$41,800
$43,500
$37,400
$41,700
$41,700
$80,500
$51,400
$50,300
$58,500
$31,000
$45,800
$51,200
$51,200
Sources: U.S. Bureau of Labor Statistics, California Employment Development Department, IMPLAN Keyser Marston Associates, Inc.
\\Sf-fs2\wp\ 16\ 16090\001 \ 100-1 S0k Newark 2-26-14; 2/27/2014; dd % of Total % of Total
Occupation Resident Services
Group 2 Workers

3.6% 0.2%

5.2% 0.3%

3.6% 0.2%

5.9% 0.3%

15.9% 0.9%

13.3% 0.7%

25.9% 1.4%

5.7% 0.3%

5.3% 0.3%

15.6% 0.8%
100.0% 5.4%

10.2% 1.5%

26.5% 3.9%

4.0% 0.6%

39.1% 5.8%

3.0% 0.4%

4.2% 0.6%

13.0% 1.9%
100.0% 14.7%

6.6% 1.0%

7.4% 1.1%

9.4% 1.4%

7.7% 1.2%

11.7% 1.8%

3.3% 0.5%

4.5% 0.7%

10.0% 1.5%

13.6% 2.1%

25.8% 3.9%
100.0% 15.3%

7.9% 0.3%

5.9% 0.2%

21.8% 0.8%

3.4% 0.1%

3.3% 0.1%

32.1% 1.1%

25.7% 0.9%
100.0% 3.5%

Page 75 ends

APPENDIX 2, TABLE 4
AVERAGE ANNUAL WORKER COMPENSATION, 2013
SERVICES TO HOUSEHOLDS EARNING $100,000 TO $150,000

RESIDENTIAL NEXUS ANALYSIS

CITY OF NEWARK, CA
Occupation 3

Page 4 of 4 ends

Compensation 1
$35,600
$34,100
$44,800
$37,300
$29,100
$27,400
$43,400
$24,500
$31,400
$23,700
i33,700
$33,700
% of Total % of Total
Occupation Resident Services
Group 2 Workers

7.3% 0.4%

7.7% 0.4%

12.8% 0.7%

11.2% 0.6%

3.9% 0.2%

4.2% 0.2%

3.2% 0.2%

6.4% 0.3%

22.7% 1.2%

7.1% 0.4%

13.5% 0.7%
100.0% 5.3%

87.9%
1 The methodology utilized by the California Employment Development Department (EDD) assumes that hourly paid employees are employed full-time. Annual compensation is calculated by EDD by multiplying hourly wages by 40 hours per work week by 52 weeks. 2 Occupation percentages are based on the 2012 National Industry - Specific Occupational Employment survey compiled by the Bureau of Labor Statistics. Wages are based on the 2012 Occupational Employment Survey data for Alameda County. updated by the California Employment Development Department to 2013 wage levels. 3 Including occupations representing 3% or more of the major occupation group Sources: U.S. Bureau of Labor Statistics, California Employment Development Department, IMPLAN Keyser Marston Associates, Inc.
\\Sf-fs2\wp\ 16\ 16090\001 \ 100-1 S0k Newark 2-26-14; 2/27/2014; dd

Page 76 ends

APPENDIX 2, TABLE 5
WORKER OCCUPATION DISTRIBUTION, 2012
SERVICES TO HOUSEHOLDS EARNING $150,000 AND OVER

RESIDENTIAL NEXUS ANALYSIS

CITY OF NEWARK, CA
Worker Occupation Distribution 1
Services to Households Earning
Major Occupations (2% or more) $150,000 and over
Management Occupations 4.0%
Business and Financial Operations Occupations 3.5%
Education, Training, and Library Occupations 4.5%
Healthcare Practitioners and Technical Occupations 7.2% Healthcare Support Occupations 4. 1%
Food Preparation and Serving Related Occupations 14.0%
Building and Grounds Cleaning and Maintenance Occupations 5.9% Personal Care and Service Occupations 5.6%
Sales and Related Occupations 15.0%
Office and Administrative Support Occupations 15.1%
Installation, Maintenance, and Repair Occupations 3.4%
Transportation and Material Moving Occupations 5.4%
All Other Worker Occupations - Services to Households Earning 12.4% $150,000 and over
INDUSTRY TOT AL 100.0%
1 Distribution of employment by industry is per the IMPLAN model and the distribution of occupational employment within those industries is based on the Bureau of Labor Statistics Occupational Employment Survey.

Source: Bureau of Labor Statistics, IMPLAN
Keyser Marston Associates, Inc.
\\Sf-fs2\wp\16\16090\001\150k plus Newark 2-26-14; 2/27/2014; dd Page 77 APPENDIX 2, TABLE 6
AVERAGE ANNUAL WORKER COMPENSATION, 2013
SERVICES TO HOUSEHOLDS EARNING $150,000 AND OVER

RESIDENTIAL NEXUS ANALYSIS

CITY OF NEWARK, CA
Occupation 3

Page 1 of 4 ends

Compensation 1
$199,700
$132,900
$141,700
$101,200
$144,800
$51,200
$113,500
$85,600
$74,600
$134,300
i121,600
$121,600
$74,600
$81,200
$103,200
$86,500
$86,100
$89,300
$80,100
$98,300
$81,000
$83,100
i85,800
$85,800
$57,600
$33,900
$71,200
$71,000
$71,600
$51,100
$41,500
$60,400
$32,000
iS0,200
$50,200
Sources: U.S. Bureau of Labor Statistics, California Employment Development Department, IMPLAN Keyser Marston Associates, Inc.
\\Sf-fs2\wp\16\16090\001\150k plus Newark 2-26-14; 2/27/2014; dd % of Total % of Total
Occupation Resident Services
Group 2 Workers

3.9% 0.2%

33.8% 1.3%

5.1% 0.2%

4.0% 0.2%

6.8% 0.3%

5.5% 0.2%

6.4% 0.3%

7.5% 0.3%

4.2% 0.2%

3.2% 0.1%

19.8% 0.8%
100.0% 4.0%

5.7% 0.2%

4.0% 0.1%

5.8% 0.2%

4.6% 0.2%

6.7% 0.2%

13.5% 0.5%

16.2% 0.6%

4.7% 0.2%

5.8% 0.2%

4.8% 0.2%

28.1% 1.0%
100.0% 3.5%

5.0% 0.2%

12.8% 0.6%

8.9% 0.4%

4.0% 0.2%

6.2% 0.3%

10.3% 0.5%

4.3% 0.2%

7.6% 0.3%

15.5% 0.7%

25.4% 1.1%
100.0% 4.5%

Page 78 ends

APPENDIX 2, TABLE 6
AVERAGE ANNUAL WORKER COMPENSATION, 2013
SERVICES TO HOUSEHOLDS EARNING $150,000 AND OVER

RESIDENTIAL NEXUS ANALYSIS

CITY OF NEWARK, CA
Occupation 3

Page 2 of 4 ends

Healthcare Practitioners and Technical Occupations
Pharmacists
Physicians and Surgeons, All Other
Registered Nurses
Dental Hygienists
Pharmacy Technicians
Licensed Practical and Licensed Vocational Nurses
All Other Healthcare Practitioners and Technical Occupations (Avg. All Categories) Weighted Mean Annual Wage
Healthcare Support Occupations
Home Health Aides
Nursing Assistants
Dental Assistants
Medical Assistants
All Other Healthcare Support Occupations (Avg. All Categories) Weighted Mean Annual Wage
Food Preparation and Serving Related Occupations
First-Line Supervisors of Food Preparation and Serving Workers Cooks, Fast Food
Cooks, Restaurant
Food Preparation Workers
Bartenders
Combined Food Preparation and Serving Workers, Including Fast Food Counter Attendants, Cafeteria, Food Concession, and Coffee Shop Waiters and Waitresses
Dining Room and Cafeteria Attendants and Bartender Helpers Dishwashers
Hosts and Hostesses, Restaurant, Lounge, and Coffee Shop All Other Food Preparation and Serving Related Occupations (Avg. All Categories) Weighted Mean Annual Wage
Building and Grounds Cleaning and Maintenance Occupations First-Line Supervisors of Housekeeping and Janitorial Workers First-Line Supervisors of Landscaping, Lawn Service, and Groundskeeping Workers Janitors and Cleaners, Except Maids and Housekeeping Cleaners Maids and Housekeeping Cleaners
Landscaping and Groundskeeping Workers
All Other Building and Grounds Cleaning and Maintenance Occupations (Avg. All Call Weighted Mean Annual Wage
2013 Avg.

Compensation 1
$131,300
$190,500
$115,100
$98,900
$47,100
$60,400
$104,800
$104,800
$29,100
$35,300
$40,300
$37,700
$34,600
$34,600
$31,700
$19,900
$26,200
$22,800
$22,600
$21,500
$20,600
$21,600
$19,400
$21,600
$20,900
$22,700
$22,700
$47,200
$53,300
$31,800
$29,600
$31,600
$32,700
$32,700
Sources: U.S. Bureau of Labor Statistics, California Employment Development Department, IMPLAN Keyser Marston Associates, Inc.
\\Sf-fs2\wp\16\16090\001\150k plus Newark 2-26-14; 2/27/2014; dd % of Total % of Total
Occupation Resident Services
Group 2 Workers

4.6% 0.3%

4.2% 0.3%

30.1% 2.2%

3.6% 0.3%

6.3% 0.5%

9.3% 0.7%

41.9% 3.0%
100.0% 7.2%

22.6% 0.9%

32.1% 1.3%

9.6% 0.4%

16.4% 0.7%

19.3% 0.8%
100.0% 4.1%

7.0% 1.0%

4.7% 0.7%

8.9% 1.2%

6.5% 0.9%

5.1% 0.7%

26.1% 3.7%

3.7% 0.5%

20.8% 2.9%

3.2% 0.4%

4.3% 0.6%

3.0% 0.4%

6.6% 0.9%
100.0% 14.0%

3.4% 0.2%

3.0% 0.2%

51.6% 3.0%

11.0% 0.6%

25.5% 1.5%

5.4% 0.3%
100.0% 5.9%

Page 79 ends

APPENDIX 2, TABLE 6
AVERAGE ANNUAL WORKER COMPENSATION, 2013
SERVICES TO HOUSEHOLDS EARNING $150,000 AND OVER

RESIDENTIAL NEXUS ANALYSIS

CITY OF NEWARK, CA
Occupation 3

Page 3 of 4 ends

Compensation 1
$42,900
$25,500
$22,300
$22,700
$29,500
$23,600
$22,600
$50,600
$28,200
$27,300
$27,300
$49,500
$26,400
$33,900
$28,700
$71,400
$73,800
$34,000
$34,000
$62,400
$45,900
$43,200
$34,600
$29,100
$60,100
$41,800
$43,500
$37,400
$41,700
$41,700
$80,500
$51,400
$50,300
$58,500
$31,000
$45,800
$51,200
$51,200
Sources: U.S. Bureau of Labor Statistics, California Employment Development Department, IMPLAN Keyser Marston Associates, Inc.
\\Sf-fs2\wp\16\16090\001\150k plus Newark 2-26-14; 2/27/2014; dd % of Total % of Total
Occupation Resident Services
Group 2 Workers

3.7% 0.2%

5.5% 0.3%

3.7% 0.2%

6.2% 0.3%

13.9% 0.8%

16.8% 0.9%

24.3% 1.4%

6.0% 0.3%

5.2% 0.3%

14.8% 0.8%
100.0% 5.6%

10.5% 1.6%

26.9% 4.0%

3.8% 0.6%

40.0% 6.0%

3.0% 0.5%
3A% 0.5%

12.4% 1.9%
Hm.0% 15.0%

6.5% 1.0%

7.4% 1.1%

9.5% 1.4%

7.3% 1.1%

12.1% 1.8%

3.4% 0.5%

3.9% 0.6%

10.3% 1.5%

13.8% 2.1%

25.8% 3.9%
100.0% 15.1%

7.9% 0.3%

5.8% 0.2%

22.3% 0.8%

3.6% 0.1%

3.5% 0.1%

31.1% 1.0%

25.8% 0.9%
100.0% 3.4%

Page 80 ends

APPENDIX 2, TABLE 6
AVERAGE ANNUAL WORKER COMPENSATION, 2013
SERVICES TO HOUSEHOLDS EARNING $150,000 AND OVER

RESIDENTIAL NEXUS ANALYSIS

CITY OF NEWARK, CA
Occupation 3

Page 4 of 4 ends

Transportation and Material Moving Occupations
Bus Drivers, School or Special Client
Driver/Sales Workers
Heavy and Tractor-Trailer Truck Drivers
Light Truck or Delivery Services Drivers
Taxi Drivers and Chauffeurs
Parking Lot Attendants
Cleaners of Vehicles and Equipment
Laborers and Freight, Stock, and Material Movers, Hand
Packers and Packagers, Hand
All Other Transportation and Material Moving Occupations (Avg. All Categories) Weighted Mean Annual Wage
2013 Avg.

Compensation 1
$35,600
$34,100
$44,800
$37,300
$29,100
$27,400
$24,500
$31,400
$23,700
i33,400
$33,400
% of Total % of Total
Occupation Resident Services
Group 2 Workers

9.2% 0.5%

7.2% 0.4%

12.5% 0.7%

10.8% 0.6%

4.5% 0.2%

4.4% 0.2%

6.1% 0.3%

21.6% 1.2%

6.9% 0.4%

16.8% 0.9%
100.0% 5.4%

87.6%
1 The methodology utilized by the California Employment Development Department (EDD) assumes that hourly paid employees are employed full-time. Annual compensation is calculated by EDD by multiplying hourly wages by 40 hours per work week by 52 weeks. 2 Occupation percentages are based on the 2012 National Industry- Specific Occupational Employment survey compiled by the Bureau of Labor Statistics. Wages are based on the 2012 Occupational Employment Survey data for Alameda County. updated by the California Employment Development Department to 2013 wage levels. 3 Including occupations representing 3% or more of the major occupation group Sources: U.S. Bureau of Labor Statistics, California Employment Development Department, IMPLAN Keyser Marston Associates, Inc.
\\Sf-fs2\wp\16\16090\001\150k plus Newark 2-26-14; 2/27/2014; dd

Page 81 ends

APPENDIX L
RESOLUTION NO. 10,132
RESOLUTION NO. 10,132

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK ESTABLISHING A PARKS IMPACT FEE OF $7,460

PER RESIDENTIAL UNIT UNDER GOVERNMENT CODE
SECTION 66001, REPEALING THE PARK-IN-LIEU FEE
(RESOLUTION NO. 5799) AND AMEND THE MASTER FEE
SCHEDULE (RESOLUTION NO. 10094) TO REFLECT THESE

CHANGES
WHEREAS, the City Council of the City of Newark ("City") is authorized to prescribe and establish fees in regard to services or functions performed by the City for the public in a governmental and proprietary capacity; and
WHEREAS, California Government Code Section 66000 et seq. allows local governments to impose impact fees on new development in order to recover the cost of improvements that are needed to serve that new development; and
WHEREAS, the City of Newark adopted a Park-in-lieu fee by Resolution No. 5799 on May 25, 1989 and established a Quimby Fee by Ordinance No. 264, introduced on March 22, 1990; and
WHEREAS, both of these existing fees are outdated and need to be brought into conformity with current conditions in the City; and
WHEREAS, the City desires to have a single, updated parks impact fee that will ensure that new development pays the cost to continue the current parks standard; and WHEREAS, the City has prepared the attached 2013 Newark Parks Impact Fee Study which establishes a reasonable relationship between the parks fee and the purpose of the fee; and WHEREAS, the City has duly noticed, advertised, scheduled, and held a Public Hearing on September 26, 2013; and
WHEREAS, on September 26, 2013, the City Council reviewed material presented in the staff report including the Newark Parks Impact Fee Study, concerning the purpose of the fee and the relationship between the fee and its purpose; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark which hereby finds, declares, and resolves that:
1) The City herby receives and approves the Newark Parks Impact Fee Study. 2) After considering the Newark Parks Impact Fee Study, this Resolution, and the testimony received at a public hearing, the City herby makes the following findings:
a) The Park Impact Fee approved pursuant to this Resolution shall be used to fund the cost of parkland acquisition, park and recreation facility development, construction attributable to new residential development in the City, and any administrative cost associated with the park impact fee program; and
b) The Newark Parks Impact Fee Study demonstrates that there is a reasonable relationship between the amount of the Park Impact Fee and the cost of park facilities attributable to the development upon which the fee is proposed. Since the need for park and recreation facilities is inherently population-driven associated park facility costs are assessed based on average household population.
3) The City finds pursuant to the California Environmental Quality ACT ("CEQA") this action is not a "project" because the Resolution provides a mechanism for funding the acquisition and development of parks but does not involve a commitment to any specific project for such purposes that may result in a potential significant impact on the Environment (CEQA guidelines Section 15378)
4) The City does hereby approve the following park impact fee on new residential development for park land acquisition and development of park and recreational facilities.

Park Impact Fee of $7,460 per residential dwelling unit. 5) The Park Impact Fee would not apply to approved projects that have a Development Agreement or Vesting Tentative Map unless the provisions of the document allow the application of such fees.
6) Residential Developers shall be given a credit against this fee for the actual cost of public parks included in their developments.
7) The Park-in-Lieu fee established by Resolution 5799 is hereby rescinded. 8) The Master Fee Schedule is hereby amended to add a Park Impact Fee of $7,460 and to delete the Park In Lieu Fee and the Quimby Fee, as outlined in Exhibit A. 9) Effective Date: This resolution shall be effective upon the effectiveness of the repeal of Ordinance No. 264 (Quimby Fee).

Resolution No. 10,132 2
I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on September 26, 2013, by Vice Mayor Apodaca, who moved its adoption and passage, which motion was caITied after being duly seconded, and passed by the following vote:

AYES:

NOES:

ABSENT:

SECONDED:

Resolution No. 10,132
Council Members Collazo, Freitas, Marshall, Vice Mayor Apodaca, and Mayor Nagy
None
None
Council Member Collazo
3 APPROVED:
�1,fl�
s/ALAN L. NAGY
Mayor
Exhibit A
f
):,.p ,,.J;f ! .,�·-H,(;'(1
1 , /.\:.;•{•111,B ir it / .,. \
C !)J t �·t ,· I •i: {I)" 11,,
,,(t/,JF,<<',di,, 1
, 1;•1,, ,, 11 1p ,i .. 1,\1 t ,, j; 'I
V. CAPITAL ASSETS - CONSTRUCTION ENTERPRISE FUND
A. DEVELOPMENT
104-0000 3740 1. Street Trees
208-0000
a. City Planted (three year maintenance) 325/tree
104-0000 3850 2. Park lmgact Fee 7 460/dwellin11 unit
6 Parl� iA lieH
a-, S1,1bEli11isieAs *
flt SiAgle family heme 2,998/ElwelliAg HAit
� MHlti family heme 2,27BfElwelliRg l!Hit
Ir. GeRElitieRal 1,1se peFmits **
flt +we SF less beEIFeems 1,BQQfElwelliRg HRit
� +hFee beEIFeems 2,QQQ,101,YelliRg HRit
W l<eHr er meFe beEIFeems 2,2QQfElwelliRg HRit
! 5StablisheEI by OFEliRaRce Ne. 264. See Ghapter 16.3Q NMG for ElefiRitieAs ef siRgle aREI mHlti family hemes.
400-0000 3860 PSF ** AA aEIElitieRal fee, baseEI SR actHal cast fer sePrices, R�ay be chaFgeEI feF FeRtals •• ! .... - - :.: ., __ ,

3. Capital Facilities*
Resolution No. 10,132
City of Newark
a.
37101 Newark Boulevard, Newark, CA 94560-3796
(510) 578-4000
Public Safety
(1) Single-family residential
(2) Multi-family residential
(3) Commercial
58 ........... '. ...... ,.. ........
1,989/unit
2,079/unit

1.73/ square foot
' l
2013 Newark Parks Impact Fee Study
Summary
This study calculates the cost to maintain a standard of three acres of improved parkland per 1,000 residents at $7,476.52. This amount has a reasonable relationship to the purpose ofthe parks impact fee and would be the maximum parks impact fee amount for the City of Newark.

Purpose of the New ark Parks Im pact Fee
The City of Newark's parks impact fee is intended to ensure that the city has adequate parks facilities to serve both new and existing residents, commensurate with the level of parks facilities available to current residents of the city and the standard set forth in the city's general plan.

The recreation element ofN ewark's general plan establishes a standard of three acres of parkland for every 1,000 residents. This is compatible with the amount of parkland that is currently available to Newark residents, as is shown through the data and calculations below.

Park Acres
Community Park 16.54
Lakeshore Park 25.96
Musick Park 0.76
MacGregor School Park 10.3
Eucalyptus Grove North 1.64
Mayhews Landing Park 8.35
Mirabeau Park 6.02
Bridgepointe Park 3.53
Birch Grove Park 14.37
Ash Street Park 6.00
Civic Center Park 5.00
Eucalyptus Grove South 3.38
Byington Park 2.97
Silliman Recreation Center Park 24.23
TOTAL 129.05
According to the 2010 U.S. Census, the population ofNewark is 42,573. This means that Newark currently has a ratio of3.03 park acres per 1,000 residents. Based on this Resolution No. 10,132
information and the standard set in the Newark General Plan, the impact is calculated based on 3 acres of parkland per 1,000 residents.

Calculation of the Newark Parks Impact Fee
The calculation to develop the impact fee is as shown below:

Cost per household = (Total cost of one acre of parkland) X (Parks standard per person) X
(People per household)
Each of the three inputs to the calculation is explained below.

Total cost of one acre of park/am/
The total cost of one acre of parkland includes both the land cost and the improvement cost. The land cost is the average asking price per acre of vacant land over 0.75 acre in size in the Tri-Cities area (Newark, Fremont and Union City) on one day during the period this study was being prepared (April 26, 2013). Smaller properties were eliminated because of their higher price per acre and the fact that the smallest park in Newark is 0.76 acres (Musick Park). This sample included 15 properties, which are listed in the appendix to this study. To ensure that the average price is reasonable and not unduly influenced by outliers, the two highest and two lowest costs per acre were discarded for the calculation. The result was an average land cost of$345,792.67 per acre.

The improvement cost includes the cost of park design and planning as well as the cost of the improvements themselves. These costs would vary depending on the size of the park and the level of improvements. Park design and planning could be accomplished for approximately $25,000 to $75,000 per park, depending on the level of complexity and the amount of work completed by city staff. For purposes of these calculation, an average of $25,000 per acre of parkland is included for design and planning.

Industry standards for park improvements vary according to the level of improvements needed, with passive use facilities and natural areas requiring less funds per acre and active facilities such as playfields, playgrounds, and bathrooms requiring more. New parks in Newark are expected to be primarily for active use, and therefore an average cost of$200,000 per acre is anticipated.

Parks standard per person
The parks standard, as established by the Newark General Plan and the current situation in the city, is 3 acres per 1,000 residents.

People per houselto/d
Resolution No. 10,132
The average number of people per household according to the 2010 U.S. Census is 3.28.

Fee Amount
Using the formula and data described above, the fee amount would be $7,462.52 per household or dwelling unit.

Reasonable Relationship between the Purpose of the Fee and the Amount of the Fee The fee per dwelling unit is a direct calculation of the cost to acquire and improve the land needed to maintain the city's standard of three acres of parkland per 1,000 residents. Therefore, there is a reasonable relationship between the purpose of the fee and the amount of the fee.

Resolution No. 10,132
Appendix: Data Used in Land Cost Calculations
Listings for Vacant Land in Newark, Fremont & Union City on mis.com on April 26, 2013
Address City MLS # Acres Asking $$/acre
Price
0 VARGAS RD Fremont 81219469 20.03 1,250,000 $62,406.39 42088 VARGAS RD Fremont 40575230 20.03 1,250,000 $62,406.39 0 MILL CREEK RD Fremont 40600478 54.08 3,599,000 $66,549.56 0 E WARREN AV Fremont 81300462 2.27 350,000 $154,185.02 00 Warren Ave Fremont 40610199 2.27 350,000 $154,185.02 501 CRYSTALLINE Fremont 21303973 18.29 3,000,000 $164,024.06 OMAHA WAY Fremont 40595845 6.77 1,200,000 $177,252.58
8100 MOWRY AVE W Newark 40599644 34.36 6,500,000 $189,173.46 4897 ST FRANCIS TE Fremont 81206823 6.19 1,200,000 $193,861.07 4700 HORNER ST Union City 40611674 1.7 480,000 $282,352.94 467 RIVIERA DR Union City 40600791 1.25 430,000 $344,000.00 71 MONTCL.AIRE DR Fremont 40593157 2.67 1,999,888 $749,021.72 36341 MISSION BLVD Fremont 40606221 0.79 1,050,000 $1,329,113.92 0 UNION CITY BLVD Union City 40430173 2 3,500,000 $1,750,000.00 37629 FREMONT BLVD Fremont 40586326 0.92 2,150,000 $2,336,956.52 Resolution No. 10,132

APPENDIX M
RESOLUTION NO. 10505
RESOLUTION NO. 105 0 5

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK INCREASING THE PARKS IMPACT FEE UNDER
GOVERNMENT CODE SECTION 66001, REPEALING THE
FEE PREVIOUSLY ESTABLISHED IN RESOLUTION NO.
10132, AND AMENDING THE MASTER FEE SCHEDULE

TO REFLECT THESE CHANGES
WHEREAS, the City Council of the City of Newark, a general law city ("City"), is authorized to prescribe and establish fees in regard to services or functions performed by the City for the public in a governmental and proprietary capacity; and WHEREAS, California Government Code Section 66000 et seq. allows local governments to impose impact fees on new development in order to recover the cost of improvements that are needed to serve that new development; and WHEREAS, the existing Parks Impact Fee is insufficient, outdated, and needs to be brought into conformity with current conditions in the City; and WHEREAS, the City desires to have an updated Parks Impact Fee that will ensure that all new development pays the cost to continue the current parks standard; and WHEREAS, the City has retained Keyser Marston Associates to prepare the Parks and Recreation Facility Development Impact Fee Study, dated May 2016, which establishes a reasonable relationship between the parks fee and the purpose of the fee, which study is incorporated herein and attached as Exhibit A; and
WHEREAS, the City has duly noticed, advertised, scheduled, and held a Public Hearing on June 9, 2016; and
WHEREAS, on June 9, 2016, the City Council reviewed material presented in the staff report including the Parks and Recreation Facility Development Impact Fee Study, concerning the purpose of the fee and the relationship between the fee and its purpose; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark which hereby finds, declares, and resolves that:
1) The City herby receives and approves the Parks and Recreation Facility Development Impact Fee Study ("Fee Study"), which is attached as Exhibit A to this Resolution.
2) In adopting this Resolution, the City Council is exercising its powers under Article XI, Sections 5 and 7 of the California Constitution, Chapter 5 of Division 1 of the Government Code ("Mitigation Fee Act"), commencing with Section 66000, collectively and separately.
3) After considering the Fee Study, this Resolution, and the testimony received at a public heating, the City Council hereby makes the following findings:
a) In accordance with Section 66001, subdivision a, paragraph 1 of the Mitigation Fee Act, the purpose of the fees set forth in this Resolution, as specified in Exhibit A, is to provide for an expansion in parks and recreation capital facilities in the City as new growth occurs; b) In accordance with Section 66001, subdivision a, paragraph 2 of the Mitigation Fee Act, the fees collected pursuant to this Resolution, as specified in Exhibit A, shall be used to acquire land for parks and to construct improvements, such as playing fields, a skate park, or dog park, and other recreational uses and facilities for the City, and shall be used to fund any administrative cost associated with the park impact fee program;
c) In accordance with Section 66001, subdivision a, paragraph 3 of the Mitigation Fee Act, there is a reasonable relationship between the fees use (to pay for the acquisition of park and recreational facilities) and the type of development for which the fees are imposed in that the fees will be applied to residential development in the City, which will generate demands for park and recreational facilities;
d) In accordance with Section 66001, subdivision a, paragraph 4 of the Mitigation Fee Act, the Fee Study demonstrates that there is a reasonable relationship between the amount of the Park Impact Fees and the cost of park facilities attributable to the development upon which the fee is proposed. Since the need for park and recreation facilities is inherently population-driven associated park facility costs are assessed based on average household population; and
e) In accordance with Section 66001, subdivision b of the Mitigation Fee Act, there is a reasonable relationship between the amount of the fees and cost of providing the parkland and park and recreational facilities attiibutable to the development in the City upon which the fees are imposed in that the fees have been calculated by apportioning the cost of parkland acquisition and park facilities construction to the number of residents attached by each type of new residential unit. 4) The City finds pursuant to the California Environmental Quality Act ("CEQA") this action is not a "project" because the Resolution provides a mechanism for funding the acquisition and development of parks but does not involve a commitment to any specific project for such purposes that may result in a potential significant impact on the Environment (CEQA guidelines Section 15378, Pub. Res. Code Section 21080(b)(8)(D)).

Resolution No. 10505 2
5) The cost estimates set forth in the Fee Study are reasonable estimates for acquiring parkland and constructing park and recreational facilities and the fees expected to be generated by future development will not exceed the future projected cost of acquiring parkland and constrncting park and recreational facilities.
6) The method of allocation of the fees to particular development bears a fair relationship and is roughly proportional to each development's burden on and benefits from the park and recreational facilities to be funded by the fees, in that the fees are calculated based on the number of residents each particular development will attract.
7) The Fee Study is a detailed analysis of how parks and recreational services will be affected by development in the City and the parks and recreational facilities necessary to accommodate that development.
8) The fees are consistent with the General Plan and, pursuant to Government Code Section 65913.2, the City Council has considered the effects of the fees with respect to the City's housing needs as established in the housing element of the General Plan.
9) The fee amounts set forth in this Resolution include the fair and reasonable costs of administration of the fee programs and are within the requirements of the Mitigation Fee Act and other applicable law.
10) The fees are subject to adjustment, which approximate the fluctuation in market costs, and shall be adjusted annually in accordance with the Engineering News Record Constrnction Cost Index, San Francisco, California. Additionally, seeing that land acquisition costs are an important component of the fee, the City shall review land acquisition costs every two years. 11) The City does hereby approve the following park impact fees on new residential development for park land acquisition and development of park and recreational facilities as follows:

Type of Unit Fees for Projects that Do Not Fees for Projects that Dedicate Adequate Land for Dedicate Adequate Land for
Parks Parks
Single Family Unit $25,000 $7,500
Multiple Family Units $18,000 $5,300
(The fees shall be adjusted annually in accordance with the Engineering News Record Construction Cost Index, San Francisco, California.) Resolution No. 10505 3
12) The Park Impact Fees shall not apply to approved projects that have a Development Agreement or Vesting Tentative Map unless the provisions of the document allow the application of such fees.
13) Residential Developers shall be given a credit against this fee for the actual cost of public parks included in their developments.
14) Resolution No. 10,132, which established the previous Park Impact Fee, is hereby rescinded.
15) The Master Fee Schedule is hereby amended to reflect the Park Impact Fees as set forth in this Resolution.
16) Effective Date: This resolution shall be effective upon date of adoption of this Resolution. In accordance with Government Code Section 66017, the fees set by this Resolution shall be effective 60 days from the effective date of this Resolution.
17) Severability. Each component of the fees and all portions of this Resolution are severable. Should any individual component of the fees or other provisions of this Resolution be adjusted to be invalid and unenforceable, the remaining component or provisions shall be and continue to be fully effective, and the fees shall be fully effective except as to that component which has been judged to be invalid.

Resolution No. 10505 4
I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on June 9, 2016, by Council Member Bucci, who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

AYES:

NOES:

ABSENT:

SECONDED:

Council Members Hannon, Collazo, Bucci, Vice Mayor Freitas, and Mayor Nagy
None
None
Vice Mayor Freitas
APPROVED:
a_,,,/-11�
D
z
's/SHEILA�
City lerk
s/ ALAN L. NA
v
G'I
Mayor
Resolution No. 10505 5

APPENDIX N

PARK AND RECREATION

FACILITY

DEVELOPMENT IMPACT

FEE STUDY
Resolution No. 10505
Exhibit A

KEYSER MARSTON ASSOCIATES

PARK AND RECREATION FACILITY DEVELOPMENT

IMPACT FEE STUDY
Prepared for:

City of Newark
Prepared by:

Keyser Marston Associates, Inc.

May 2016

TABLE OF CONTENTS
I. INTRODUCTION, SUMMARY OF CURRENT PROGRAM, RESULTS, AND RECOMMENDATIONS ..................................................................................................... 1 A. Summary of Current Program and City Objectives for Impact Fee ............................... 1 B. Report Background and Legal Context ........................................................................ 1 C. Facility Standards and Cost Allocation Approach ......................................................... 2 D. Maximum and Recommended Fee Schedules ............................................................ 3 II. MITIGATION FEE ACT NEXUS FINDINGS ...................................................................... 5 A. Purpose ....................................................................................................................... 5 B. Use of Fee ................................................................................................................... 5 C. Relationship ................................................................................................................. 5 D. Need ............................................................................................................................ 5 E. Proportionality ............................................................................................................. 6 Ill. DEMAND FOR NEW PARK AND RECREATION FACILITIES AND SUPPORTED IMPACT FEE AMOUNTS .................................................................................................. 7 A. Service Population ....................................................................................................... 7 B. Average Household Size ............................................................................................. 7 C. Parks and Recreation Facility Inventory and Standards ............................................... 7 D. Parkland Development Costs ...................................................................................... 8 E. Park and Recreation Facilities Needed to Accommodate New Residential Development ............................................................................................................... 9 F. Maximum Impact Fees Supported by Nexus Analysis ................................................. 9 IV. USE OF FEE REVENUE .................................................................................................. 11 V. IMPACT FEES IN NEIGHBORING CITIES, MAXIMUM SUPPORTED FEES, AND RECOMMENDED FEES .................................................................................................. 12 A. Park and Recreation Fees in Neighboring Jurisdictions .............................................. 12 B. Maximum and Recommended Impact Fees ................................................................ 12 VI. FEE PROGRAM IMPLEMENTATION AND ADMINISTRATION ....................................... 14

1. Credits, Reimbursement, and Exemptions .................................................................. 14

2. Securing Supplemental Funding ................................................................................. 14

3. Annual Review and Periodic Study Update ................................................................. 15 I. INTRODUCTION, SUMMARY OF CURRENT PROGRAM, RESULTS, AND

RECOMMENDATIONS
This Parks and Recreation Facility Development Impact Fee nexus analysis provides the City of Newark (the City) with the necessary technical documentation to support updating its current Park Impact Fee. This nexus analysis has been prepared by Keyser Marston Associates, Inc. (KMA).

A. Summary of Current Program and City Objectives for Impact Fee The City currently levies a park impact fee of $7,460 per unit. The impact fees are used to acquire land and construct parks to meet the City's per capita parks service standard of 3 acres of parks per 1,000 residents. The City's per capita park standards and service park standards are contained in the City's General Plan.

The City's park impact fee is an "all-inclusive" park fee that addresses the impacts of new residential development on all types of recreational facilities including parks, playfields, aquatics and recreation centers. Although some cities have fees that are targeted to particular uses, the all-inclusive strategy is preferable because it provides the City with a greater degree of flexibility.

B. Report Background and Legal Context
The Mitigation Fee Act (AB 1600 et seq.) permits cities to adopt parks and recreation development impact fees on new development to fund the associated, additional costs of providing parks and recreation capital facilities. Unlike the City's current land dedication requirement, which was established in conformance with the Quimby Act, the Mitigation Fee Act allows for fees to be charged to all new development that increases the need for capital facilities, including in-fill projects. 1
This Report provides the necessary technical analysis to support a schedule of fees to be established by an Impact Fee Ordinance and Resolution. The Mitigation Fee Act allows the City to adopt by Resolution a fee schedule consistent with the supporting technical analysis and findings provided in this Report. The Resolution's approach to setting the fee allows periodic adjustments of the fee amount as may be necessary over time, without amending the enabling Ordinance.

The technical analysis in this Report estimates the parks and recreation facility fee schedule that will fund new development's "fair share" contribution to future City investments in parks.

The key requirements of the Mitigation Fee Act that determine the structure, scope, and amount of the proposed Fee Program are as follows:
1 Quimby Act fees under the Subdivision Map Act can only be charged on new, subdivided residential development.

Quimby Act fees would not apply to projects that do not require a subdivision map, such as infill projects.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\ 16090\002\001-001.docx

Page 1 ends

• Collected for Capital Facility and Infrastructure Improvements. Development impact fee revenue can be collected and used to cover the cost of capital facilities and infrastructure required to serve new development and growth in the City. However, impact fee revenue cannot be used to cover the operation and maintenance costs of these or any other facilities and infrastructure.
• Cannot Fund Existing Needs. Impact fee revenue cannot be collected or used to cover deficiencies in existing City capital equipment and facilities. The portion of capital costs required to meet the needs of the City's existing population must be funded through other sources. Capital facility investments that increase service standards for existing and new development must be split on a "fair share" basis according to the proportion attributable to each.
• Must be Based on a Rational Nexus. An impact fee must be based on a reasonable nexus, or connection, between new growth and development and the need for a new facility or improvement. As such, an impact fee must be supported by specific findings that explain or demonstrate this nexus. In addition, the impact fee amount must be structured such that the revenue generated does not exceed the cost of providing the facility or improvement for which the fee is imposed.

The City can choose to charge parks and recreation development impact fees below the maximum, supportable fee schedule. Such downward adjustments in the fee schedule, if selected, are typically based on policy considerations related to considerations of development feasibility and fee levels in peer cities.

C. Facility Standards and Cost Allocation Approach
A facility standard is a policy that indicates the amount of facilities required to accommodate service demand. Examples of facility standards include building square feet per capita and park acres per capita. Standards may also be expressed in monetary terms such as the replacement value of facilities per capita. The adopted facility standard is an important component in determining development's need for new facilities and the amount of the supported fee.

Standards determine new development's fair share of planned facilities and ensure that new development does not fund deficiencies associated with the existing city infrastructure.

The City has a long established a standard of 3 acres per 1,000 residents. This standard was reaffirmed in the updated General Plan that was approved in 2013 after significant community input. The parks and recreation facilities fees calculated in this report uses the City's stated service standard and the cost of developing new parks to estimate the cost of maintaining the existing level of service to new residents through the buildout of the General Plan. New development will be required to fund the expansion of facilities at the same rate that existing development has provided to date. Thus, new development will not be funding any existing deficiency.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\16\16090\002\001-001.docx

Page 2 ends

Excluding school-owned parks, there is currently approximately 3.01 acres of parks per 1,000 residents, which is equivalent to the City's stated per capita service standard.

The City has identified some, but not all of the planned new parks to potentially be funded by the fee (and other sources, as necessary) through the 2035 planning horizon of the General Plan. 2 The City is in the process of preparing a Park Master Plan, which will prioritize future park development.

D. Maximum and Recommended Fee Schedules
Table 1 shows the City's maximum supportable parks and recreation fee schedule as well as the recommended fee schedule. The maximum fee schedule is based on the nexus findings and technical analysis contained in this Report and represents the maximum parks and recreation fees the city could charge consistent with the Mitigation Fee Act. The calculation of the fee is presented in Section Ill of this report. The recommended fee schedule reflects a downward adjustment from the maximum supported fee. The recommendations are based on the fee levels being charged by surrounding communities. While we have identified a recommended fee range, the City has the discretion to adopt any fee amount up to the maximum amount supported by the nexus analysis.

Consistent with the City's current fee structure, we are recommending that the impact fee remain an "all-inclusive" park fee that addresses the impacts of new residential development on all types of recreational facilities including parks, playfields, aquatics and recreation centers. Although some cities have fees that are targeted to particular uses, the all-inclusive strategy is preferable because it provides the City with a greater degree of flexibility.

The parks and recreation development impact fees will apply to new residential development to fund a share of future parks and recreation capital facilities investments in the City. The fee estimates include a 2 percent (2%) fee program administration fee, consistent with other Mitigation Fee Act program administrative costs in many other California jurisdictions. 3 2 Appendix Table A-3
3 The 2 percent administration cost allowance is designed to cover the costs of preparing the development impact fee as well as the required reporting, auditing, collection and other annual administrative costs involved in overseeing the program. Development impact fee programs throughout California have applied similar administrative charges.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\16\16090\002\001-001.docx

Page 3 ends

Table 1: Maximum and Recommended Park Fees
Maximum Supported Fees4
Fee for Projects that Fee for Projects
Do Not Dedicate that Dedicate
Land for Parks Land for Parks
Single Family Units $31,000 $7,700
Multi Family Units $31,000 $7,700
Recommended Fees
Fee for Projects that Fee for Projects
Do Not Dedicate Land that Dedicate
for Parks Land for Parks
$6,500 to
$22,000 to $25,000 $7,500
$4,500 to
$15,000 to $18,000 $5,300
As shown in Table 1, the estimated maximum parks and facilities impact fee to fund both land acquisition and the construction of parks improvements that could be levied approximates $31,000 per dwelling unit. For projects that dedicate land, a fee is only needed to fund facilities.

The maximum facility fee amount is $7,700 per dwelling unit.

Fee comparisons with surrounding cities indicate that at these maximum levels, the City would be adopting parks and recreation fees that exceed the amounts being levied in surrounding cities. Given this consideration as well as the consideration that the City levies other impact fees, we are recommending that the adopted fees be less than the maximum fee levels. We are also recommending reduced fee levels on multi-family construction because of the reduced capacity of multi-family developments to absorb the same level of per unit costs as single family developments. While we have identified a recommended fee range, the City has the discretion to adopt any fee amount up to the maximum amount supported by the nexus analysis.

As shown in Table 1, the recommended fee to cover both land acquisition and facilities costs is $22,000 to $25,000 per unit for single family units and $15,000 to $18,000 per unit for multifamily units. For developments that dedicate sufficient land for park development the recommended fee range would be $6,500 to $7,500 per unit for single family units and $4,500 to $5,300 per unit for multifamily units.

E. Fee Indexing
Since land and construction costs continue to rise, it is important that the cost be indexed to inflation. The fee should be adjusted annually by a construction cost index, such as the Engineering News Record. Furthermore, land acquisition costs, which are an important component of the total fee and actual construction costs should be reviewed by the City at least every two years.
4 The calculation of the maximum fee levels is presented in Section Ill of this report.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\ 16090\002\001-001.docx

Page 4 ends

11. MITIGATION FEE ACT NEXUS FINDINGS
This chapter describes the necessary "nexus" between new development in Newark and the proposed capital facilities investments, as required under the Mitigation Fee Act - Government Code Section 66000 (AB1600). The new parks and recreation development impact fees will fund the investments in parks and recreation facilities, improvements, and land acquisitions required to maintain existing levels of park facilities service in the City - the "fair share" contribution of new development.

Nexus findings address: (1) the purpose of the fee and a related description of the facility for which fee revenue will be used, (2) the specific use of fee revenue, 3) the relationship between the facility and the type of development, (4) the relationship between the need for the facility and the type of development, and (5) the relationship between the amount of the fee and the proportionality of cost specifically attributable to new development. The subsections below describe the nexus findings for the Parks and Recreation Facility Development Impact Fee.

A. Purpose
The fee will ensure an expansion in parks and recreation capital facilities in the City of Newark as new growth occurs.

B. Use of Fee
Fee revenue will be used to acquire land for parks and to construct improvements, such as playing fields, a skate park, or dog park, etc.

C. Relationship
New residential development in the City of Newark will increase the demand for and use of parks and recreation facilities. Fee revenue will be used to help fund new parks and recreation facilities in response to the increased demand.

0. Need
Each new residential project will bring new residents to the City and will generate incremental, new demand and use of the City's parks and recreation facilities. New revenues to fund investments in additional parks and recreation capital improvements are necessary to maintain the City's parks and recreation capital facilities service standards.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\ 16090\002\001-001 .docx

Page 5 ends

E. Proportionality
The maximum, supportable parks and recreation fee schedule has been based on a parks and recreation capital facilities cost estimate derived by applying the proportionate increase in residential population associated with new development to the existing operative service standard/value of parks and park improvements. As a result, the fee program cost estimates are directly proportional to the relative increase in new development.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\16090\002\001-001.docx

Page 6 ends

Ill. DEMAND FOR NEW PARK AND RECREATION FACILITIES AND SUPPORTED IMPACT

FEE AMOUNTS
A. Service Population
The City's General Plan has established the City's standard for functional public parkland at 3.0 acres per 1,000 residents. Therefore, under the City's policy, new residents are the determining driver/service population for new park and recreation facilities. As shown in Table 2, the City's population totaled approximately 43,342 in 2013 at the time that the General Plan was prepared. By 2035 the population is anticipated to reach 60,510, reflecting an increase of 17,168 people over roughly the next 20 years.

Table 2: Service Population
2013 Population
New Development (through-2035)
Total, 2035
Source: General Plan
B. Average Household Size
Residents
43,342
17,168
60,510
Service Population
43,342
17,168
60,510
Since residential park impact fees are often levied per residential unit, the average household size is needed to convert the demand of new residents into the demand of new residential units.

The residential occupant density factors for both single-family and multi-family units are derived from data from the US Census' American Community Survey. As shown below, the average household size is 3.23 persons per household.

Table 3: Average Household Size Assumptions
I All Residential Units 3.23 I
Source: American Community Survey 2010 - 2014.

C. Parks and Recreation Facility Inventory and Standards As summarized in Table 4 and detailed in Appendix Table A-1, the City has a total inventory of 130.6 acres of existing parks. Of the existing acreage, approximately 44% are community parks, 45% are neighborhood parks, and 11 % are specialized parks. There are currently no parks under construction. The City is currently preparing a Parks Master Plan, which will detail the City's objectives for future park construction.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\16090\002\001-001.docx

Page 7 ends

Table 4: Existing and Under Construction City Park Acres Existing Acres Under Construction Total Acres
Community Parks 58.1 0 58.1
Neighborhood Parks 58.8 0 58.8
Specialized Recreation Areas 13.7 Q 13.7
All City Park Acreaqe 130.6 0 130.6
Source: Newark General Plan. Park Inventory is detailed in Appendix Table A-1.

The City is currently providing a service level of 3.01 acres per 1,000 residents. The current inventory of park acreage in Newark meets or exceeds the City's per capita service standard of

3.0 acres per 1,000 residents.

Table 5: Current Service Standard - Park Acres per 1,000 Residents City Park Acreage
Acres per 1,000 Residents
Existing Acres
130.6

3.01 General Plan Standard - Acres oer 1,000 Residents
D. Parkland Development Costs
Under Construction
0 Total Acres
130.6

3.01 3.00
Table 6 provides an estimate of the cost of developing new parks, including the cost of acquiring land for park development. Land acquisition cost estimates are based on recent land sales for residentially zoned property or commercial sites that are part of residential development, as provided in Appendix Table A-2. Given that the City intends to provide parks in proximity to residential neighborhoods, the cost of acquiring residential land is the appropriate indicator of park acquisition costs. Residential land acquisition costs generally range from $43 to $75 per square foot of land area. For purposes of this analysis, a land cost of $60 per square foot has been used, which reflects the average cost of sites of less than 20 acres.

The cost of developing park facilities varies significantly, depending on the nature of the facilities. Based on information provided by City staff, facility construction costs can range from approximately $12 per square foot up to $45 per square foot. For purposes of updating the City's park fee, a cost of $18 per square foot or $784,000 per acre has been assumed. As shown in Table 6, the cost to develop an acre of parkland is estimated to total $3,136,000 including land and park development costs or $784,000 excluding land acquisition costs.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\16090\002\001-001.docx

Page 8 ends

Table 6: Park Development Costs per Acre
Land Acquisition Costs per Acre1
Park Improvement Costs per Acre2
$2,352,000
$784,000
Total Park Development Cost Per Acre $3,136,000
1 Reflects average value of recent land sales in residential areas in Newark. Please see Appendix Table A-2. 2 Cost estimate reflects City staffs estimate of average park construction costs.

E. Park and Recreation Facilities Needed to Accommodate New Residential Development
Table 7 provides the estimate of the park acreage needed to accommodate the demand generated by new residents at the existing service level of 3.0 acres per 1,000 residents. As shown, it is estimated that an additional 51.5 acres of improved parks will be needed to serve the needs of new residents through the General Plan buildout period of 2035. The cost of providing the needed parks is estimated to total approximately $164.7 million including the cost of acquiring land ($9,596 per additional new resident) and $41.2 million, excluding the cost of land ($2,399 per additional new resident).

Table 7: Park Land and Improvement Needs to Serve New Residents New Residents (through 2035) 17,168
Current General Plan Parks Service Standard 3.00 acres per 1,000 residents Additional Park Acres to Serve New Residents 51.504
Land+ Improvements
Improvements Only
Cost per Acre (Table 6) $3,136,000 $784,000
Administration Cost Allowance 2.00% $62,720 $15,680
Total Cost per Acre $3,198,720 $799,680
Additional Park Acres to Serve New Residents 51.504 51.504 Total Park Investment Required to Serve New Residents
Cost Per New Resident
$164,746,875 $41,186,719
F. Maximum Impact Fees Supported by Nexus Analysis
$9,596.16
As shown above, the cost to provide new facilities to serve the demand of new residents is estimated at $2,399 per resident excluding land acquisition costs and $9,596 per resident including land acquisition costs. By applying the average density of 3.23 residents per residential unit, it is estimated that the maximum supported parks and recreation impact fees is $7,700 per residential unit excluding land acquisition costs and $31,000 per residential unit including land acquisition costs.
$2,399.04
Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\ 16090\002\001-001.docx

Page 9 ends

Table 8: Maximum Parks Fees Supported by Nexus Analysis Fee for Projects that Fee for Projects that
do not Dedicate Land Dedicate Land (Fee
(Fee Funds Land + Funds Improvement
Improvement Costs) Costs)
Maximum Fee per New Resident (Table 7) $9,596.16 $2,399.04 Maximum Fee per New Household 3.23 persons per hhld. $30,996 $7,749 Rounded $31,000 $7,700
In the simplest mathematical form, the equation for calculating the maximum fee per household is as follows:
(per capita park service standard) X (cost per acre) X (average household size per unit) = maximum fee per household
Incorporating the information specific to this analysis for Newark, the formula is as follows:
(3 acres/1000 residents) X ($3, 198,720/acre) X (3.23 residents/unit) = $30,996 per unit; and (3 acres/1000 residents) X ($799,680/acre) X (3.23 residents/unit)= $7,749 per unit.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\ 16090\002\001-001.docx

Page 10 ends

IV. USE OF FEE REVENUE
The City plans to use park impact fee revenue to acquire parkland and construct facilities to add to the system of park and recreation facilities. The park facilities that are planned at this time are listed in Appendix Table A-3.

The City is embarking on a comprehensive Citywide Park Master Plan to assess community needs, provide greater project detail, and prioritize projects. The outcome of the Master Plan should be used to review the fee and consider any appropriate modifications.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\ 16090\002\001-001.docx

Page 11 ends

V. IMPACT FEES IN NEIGHBORING CITIES, MAXIMUM SUPPORTED FEES, AND

RECOMMENDED FEES
A. Park and Recreation Fees in Neighboring Jurisdictions KMA surveyed the impact fees levied by the nearby cities of Union City, Fremont, Hayward, Dublin, Pleasanton and San Leandro. The park and recreation facility impact fees and total impact fees for these cities are presented in Appendix Table A-4. They are summarized in Table 9.

Table 9: Comparison of Fees1
Newark
Union City -Subdivision - Avg.

Union City - Non-subdivision
Fremont2
Hayward
Dublin
Pleasanton
San Leandro3
Per Unit Park Fees
Single Famill£ Multi Famill£
$7,460 $7,460
$28,193 $28,193
$2,746 to $3,096 $2,746 to $3,096
0 BR-$9,220 0 BR-$9,220
4 BR - $29,502 4 BR - $29,502
$11,953 $9,653
$19,227 $12,017
$9,709 $7,969
$16,079 $14,054
. . 1 excludes affordable housmg fees and fees charged on building permit valuations .

Total Per Unit Impact Fees
Single Famill£ Multi Famill£
$12,462 $12,045
$42,075 $38,138
$16,628 to $12,691 to
$16,978 $13,041
0 BR -$12,363 0 BR -$12,363
4 BR- $31,012 4 BR - $31,012
$11,953 $9,653
$30,197 $19,229
$22,206 $16,256
$17,416 to $15,891 to
$18,094 $16,069
2 for units with more than 4 bedrooms, additional park fee is $5,531 per bedroom. Total additional fee is $6,210 per bedroom. 3 Pertains to non-senior units.

As shown, Newark's existing parks fee at $7,460 per dwelling unit is the lowest among the surveyed cities. The second lowest parks fee is levied by Pleasanton, with a fee of $9,709 per unit. There is also a large disparity among the surveyed cities, ranging from $9,700 per unit in Pleasanton to $29,500 per unit5 in Fremont. Pleasanton and Hayward are at the lower end of the range, Fremont and Union City (up to $28,193 per unit) are at the high end, and San Leandro and Dublin are in the middle of the range.

B. Maximum and Recommended Impact Fees
We recommend that the adopted fees be set below the maximum in order to be consistent with the fees of other cities in the market area and to not overly burden the cost of new development, given that the City has other impact fees. Separate and reduced fee recommendations are 5 Fee amount varies by bedroom count. $29,502 is the fee for a four-bedroom unit.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\ 16090\002\001-001.docx

Page 12 ends

offered for multi-family units in recognition that multi-family units typically cannot bear the same level of impact fees as single family developments.

Table 10: Maximum and Recommended Park Fees
Maximum Supported Fees
Fee for Projects that
Do Not Dedicate
Land for Parks
Single Family Units $31,000
Multi Family Units $31,000
Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\16090\002\001-001.docx
Fee for Projects
that Dedicate
Land for Parks
$7,700
$7,700
Recommended Fees
Fee for Projects that Fee for Projects that
Do Not Dedicate Dedicate Land for
Land for Parks Parks
$22,000 to $25,000 $6,500 to $7,500
$15,000 to $18,000 $4,500 to $5,300

Page 13 ends

VI. FEE PROGRAM IMPLEMENTATION AND ADMINISTRATION
The Mitigation Fee Act includes a series of reporting requirements designed to ensure that development impact fee revenues are properly accounted for, used appropriately, and that, where funds are ultimately not used, are reimbursed. In addition, jurisdictions adopting fee programs should determine their preferred approach to updating the fee schedule and whether they intend to allow for exemptions, credits, and reimbursements (under any additional circumstances). The following fee program implementation and administration parameters are our standard recommendations. The City's existing program may already include some or all of these recommendations.

1. Credits, Reimbursement, and Exemptions
Under certain and limited circumstances, as determined by the City, the Impact Fee Resolution could allow developers subject to the fee to obtain credits, reimbursements, or exemptions. In cases of redevelopment, the demolition of space should provide a fee credit. In other words, the gross fee obligation should be calculated based on the scale of the proposed new development, with a fee credit to be applied for existing square footage to be removed (or retained) using the applicable fee for the existing square footage (land uses). Residential units that are being replaced due to a natural disaster are also exempt from the impact fees. And, units that are subject to the existing land dedication requirements will only be subject to the parks facility impact fee and not the entire fee that covers both land acquisition and park improvement costs.

All other fee credits and/or reimbursements should not be allowed by right but rather should be subject to review by City staff and Council to ensure that such credits or reimbursements are warranted and appropriate. Potential examples where fee credits and reimbursements might be considered include: (1) cases where a Development Agreement specifically envisions extraordinary, direct investments in parks and recreation facilities of equal to or greater value to the City than the applicable parks and recreation fees; and 2) exemptions where the City elects not to impose fees for certain categories of development, such as affordable developments, are also an option, though alternative funding sources to offset a loss in fee revenue would need to be provided.

2. Securing Supplemental Funding
The maximum, supportable development impact fee is set to cover the parks and recreation facilities investments that will maintain citywide capital facilities standards as new growth occurs. To the extent that the adopted fee is less than the maximum and/or the City's goals envision an overall increase in parks and recreation facilities and parkland standards, supplemental funding will be required to fund park facilities. In addition, to the extent that exemptions are provided for particular types of development, supplemental funding will be required to make up for this lost funding.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\16090\002\001-001.docx

Page 14 ends

3. Annual Review and Periodic Study Update
The Mitigation Fee AcU AB 1600 ( at Gov. C. §§ 66001 ( c ), 66006(b )( 1)) stipulates that each local agency that requires payment of a fee make specific information available to the public annually within 180 days of the last day of the fiscal year. This information includes the following:
■ A description of the type of fee in the account
■ The amount of the fee
■ The beginning and ending balance of the fund
■ The amount of fees collected and interest earned
■ Identification of the improvements constructed
■ The total cost of the improvements constructed
■ The fees expended to construct the improvement
■ The percentage of total costs funded by the fee
Because of the dynamic nature of growth and capital equipment requirements, the City should monitor inventory activity, the need for improvements, and the adequacy of the fee revenues and other available funding. To the extent particular issues are identified, adjustments to the fee program may be required.

Keyser Marston Associates, Inc.
\\SF-FS2\wp\ 16\ 16090\002\001-001.docx

Page 15 ends

APPENDIX A: Park Inventory, Residential Land Sales, Park Construction Costs, and Impact Fees of Neighboring Cities
Appendix Table A-1
Newark City Park Inventory
Newark, CA
Park Name
Jerry Raber Ash Street Park
Susan Johnson Bridgepoint Park
Byington Park
Civic Center Park
Lakeshore Park
Mayhews Landing Park
Mirabeau Park
Musick Park
Total, Neighborhood Parks
Birch Grove Park
Community Park
Sportsfield Park/Silliman Center
Total, Community Parks
Shirley Sisk Grove
MacGregor Fields
Total, Special Use Parks
Total, City Parks
Source: Newark General Plan
Keyser Marston Associates, Inc.

Acres Faciliites
Neighborhood Parks

6.1 play structures, softball fields, basketball
court, picnic, horseshoe pit

3.5 play structures, picnic facilities
3 play structures, picnic facilities

5.1 play structures, basketball court, par
course, picnic facilities
26 lawn, paths, par course. 16-acre water area
with fishing and boating

8.3 play structures, basketball court, picnic
facilities
6 play structures, paths, picnic facilities

0.8 play structures, picnic facilities

58.8 Community Parks

12.2 play structures, lighted softball, basketball,
tennis, picnic, restrooms, water feature
play structures, warm-up wall, basketball,

16.3 handball, lawn, paths, tennis, picnic,
community center
softball fields, soccer fields, aquatic center,

29.6 gymnasium, showers, locker room, dance
studio, fitness center, teen room, children's
room, meeting room, childcare

58.1 Special Use Parks

3.2 open space for summer concerts

10.5 soccer and baseball practice fields

13.7 130.6
\\SF-FS2\wp\16\16090\002\Newark parks analysis 05 0416; 5/10/2016 Appendix Table A-2
Recent Land Sales in Residential Areas
Newark, CA
Address Date Price Sq. Ft.
1 8400 Enterprise Drive 1/21/2016 $39,650,000 929,135
2 37521 Willow Street 11/16/2015 $14,930,000 198,634
3 8375 Enterprise Drive 9/25/2015 $5,500,000 93,218
4 36120 Ruschin Drive 5/15/2015 $19,250,000 442,134
5 38945 Timber Street 1/29/2015 $7,360,000 100,188
6 5655 Mowry Avenue 1/29/2015 $44,032,000 673,220 (Mowry Crossings) Average $130,722,000 2,436,529
Average of sites less
than 20 acres $91,072,000 $1,507,394
Keyser Marston Associates, Inc.
\ \SF-FS2\wp\16\16090\002\land sales OS 16; 5/4/2016
Price per SF
$42.67
$75.16
$59.00
$43.54
$73.46
$65.41
$53.65
$60.42
Proposed Use
Single family
Entitled for town homes
Approved for 27 homes. It is part of
the Dumbarton Transit-Oriented
Development. Other note indicates
that site will be used to construct a
34,000 sf industrial bldg.

Single family
Commercial to serve new residential
development or part of residential
Investment - 147 townhomes, 93
condos and 42 detached sf
Current use Buyer
industrial land Trumark
residential land Lennar Homes
Buyer is Honeywell
International, Inc. Seller
is Trumark.

Newark school Classic Communities bldg.
commercial land DR Horton
vacant Mervyn's; DR Horton Motel 6
Appendix Table A-3
Potential Additional Park Improvements
Newark, CA
Facility
Skate Park
Dog Park
New Turf Fields
Cedar Blvd Linear Park
Dumbarton TOD to Wildlife Refuge; Refuge Connection Trail RR Overcrossing Sisk Grove lmprovments: Ampitheater, Conncession Area & Bathrooms Silliman Picnic Area
Aquatic Area Replacment
Birch Grove Undeveloped Area
New 6 acre park in the TOD
Bocce Ball Courts
Birch Grove Park Softball Field Night Lighting
Bridgepointe Park Path Completion
Byington Park Security Lighting
Civic Center Park Completion
Community Park Group Picnic Facility
Jerry Raber Ash St. Park - Remaining Phases
Mayhews Landing Park Completion
Mirabeau Park Security Lighting
Senior Center Community Garden
Silliman Complex - Remaining Phases
Silliman Complex - Maintenance/Restroom Facility
Keyser Marston Associates, Inc.
\ \SF-FS2\wp\16\16090\002\potential parks; 5/25/2016
Location
Undetermined
Undetermined
Sportsfield Park
Northwest Newark
Dumbarton TOD
Shirley Sisk Grove
Adjacent to Silliman Center
Community Park
Birch Grove Park
Enterprise and Hickory
Undetermined
Birch Grove Park
Bridgepointe Park
Byington Park
Civic Center
Community Park
Jerry Raber Ash St. Park
Mayhews Landing Park
Mirabeau Park
Jerry Raber Ash St. Park
Silliman/Sportsfield
Silliman/Sportsfield
Orifil!!LStatus
CIP
CIP
City Staff
General Plan
Specific Plan
New Park Master Plan
City Staff
City Staff
City Staff
Specific Plan
CIP
CIP
CIP
CIP
CIP
CIP
CIP
CIP
CIP
CIP
CIP
CIP
APPENDIX TABLE A-4

COMPARISON OF RESIDENTIAL IMPACT FEES, EXCLUDING AFFORDABLE HOUSING FEES

NEWARK AND NEIGHBORING JURISDICTIONS

CITY OF NEWARK
Impact Fees/ du' Newark Dublin
Arts Requirement $270 See Below
Fire Impact Fee None SF: $870, MF: $544
Park Facilities / Parkland $7,460 SF/MF: $18,646
Dedication Fee2
Public Facility Impact Fee' Public Safety MF: $2,079, SF/MF: $5,798 SF: $1,989
Comm. Service MF: $1,596
SF: $1,942
Transportation MF: $460,
SF: $801
Tota/ MF: $4,135,
SF: $4,732
Traffic Impact Fee Included in None
Public Facility Fee
Tri-Valley Transportation None SF: $3,060
Development Fee 4 MF:$2,108
Total Fees / du SF: $12,462 SF: $28,374
MF: $11,86S MF:$27,096
Fees as % of BPV
Arts Reauirement See Above > 20 du: 0.5% BPV
General Plan Cost Recoverv .5% BPV None
Total % of BPV .5% BPV 0.5% BPV
Fees PSF Building (Partial}
Fire Equipment Acquisition None See Above
Fees as % of Building and Plan
General Plan Cost Recovery See Above None
Fremont
None
0BR: $143
lBR: $214
2BR: $300
3BR: $371
4BR: $457
+BR: +$86/BR
0BR: $9,220
lBR: $13,830
2BR: $19,362
3BR: $23,971
4BR: $29,502
+BR: +5,531/BR
0BR: $988
lBR: $1,483
2BR: $2,076
3BR: $2,569
4BR: $3,163
+BR: +$593/BR
0/lBR: $2,012
2/3BR: $2,247
4+BR: �3 421
None
0BR: $12,363
lBR: $17,539
2BR: $23,985
3BR: $29,158
4BR: $31,012
+BR: $6,210/BR
None
None
None
See Above
15% of Building and Plan
Check Permits
Notes: This chart presents an overview and terms may be simplified. Consult code and City staff for more information. 1 Excludes on-site inclusionary requirements. See Table 2.

Hayward
None
None
SFD: $11,953
SFA: $11,395
MF: $9,653
None
None
None
SFD: $11,953
SFA: $11,395
MF: $9,653
None
None
None
None
12% of Building and Plan
Check Permits
Milpitas Pleasanton San Leandro Union City
None None None See Below
None None None See Below
Varies by pop. density SF: $9,709, MF: $7,969 SF: $16,079; Subdivision:

SFD: $44,673 MF: $14,054 Varies by pop. density
SFA: $35,438 $28,193 (avg.)
MF (2-4 du): $36,131 Non-Subdivision:

MF (5+ du): $29,089 $2,466 plus $280 (0-lBR),
$455 {2BR), $630 {3+BR)
None SFD: $4,730 None SF: $12,231, MF: $8,624
SFA: $3,532
MF: $2,885
None SF: $4,707 $1,337-$2,015; SF: $1,651; MF: $1,321 6 MF: $3,294 senior: $667-$897 5
None SF: $3,060 None None
MF: $2,108
Varies by pop. density SFD: $22,206 Non-Senior Subdivision SFD: $44,673 SFA: $20,056 SF: $17,416-$18,094 SF: $42,075 SFA: $35,438 MF: $16,256 MF: $15,391-$16,069 MF:$38,138 MF (2-4 du): $36,131 Senior: Non-Subdivision
MF (5+ du): $29,089 SF: $16,746-$16,976 SF
MF: $14,721-$14,951 0-lBR: $16,628
2BR: $16,803
3BR: $16,978
MF
0-lBR: $12,691
2BR: $12,866
3BR: $13,041
None None None 1%BPV
None None None None
None None None 1% BPV
None None None $1.40 PSF occupiable space
above 2nd storv
None None None None
Abbreviations: SF= Single Family SFA = SF Attached
MF= Multi-Family BPV = Building Permit Value
PSF = Per Square Foot
BR= bedroom
SFD = SF Detached
du;; Dwelling unit
2 For Milpitas and Union City, fee is estimated based on population densities derived from Census and DOF data. In Milpitas, developer may submit alternative population estimate. 40% of Milpitas fee may be met through the provision of private open space. 3 Generally supports such facilities as libraries, parks and other community buildings. Newark fee includes transportation facilities. 4 Regional fee collected on behalf of the Tri-Valley Transportation Development District. s Fees vary by zone.
6 Traffic signalization fees.

Prepared by Keyser Marston Associates, Inc.

FIiename: C:\Users\kfeeney\Desktop\Newark A-4 A-5;4l18l2016;hgr APPENDIX TABLE A-5

COMPARISON OF INCLUSIONARY HOUSING PROGRAMS

NEWARK AND NEIGHBORING JURISDICTIONS

CITY OF NEWARK
Newark
Minimum Project Sizel
For In-lieu/Impact Fee1 FS/R: 1 unit
For Build ReQuirement no build rea.

Onsite Requirement
Percent of Total Units2 n/a
Income Level (% AMI) n/a
Impact / In-Lieu Fee Levels
Fee Level $20/sf first 1,000 SF/unit;
$8/SF above 1,000 SF/unit
Alternatives to Onsite Provision3
Fee Option - for projects over n/a
min.size
Dublin Fremont
FS/R: 20 units FS/R: 2 units
FS/R: 20 units (oartiall no build rea.

7.5%, plus fee Attached 3.5% plus $18.50/sf
(12.5% without fee) Detached 4.5% plus $17.50/sf
FS: 40% @ 80%, 60% at 120% 80-110%AMI
AMI (120% w/approval)
R: 30% @ 50% AMI, 20% @
80% AMI, 50% @ 120% AMI.
$130,276 per aff unit owed FS:
(in addition to on-site) Attached $18.50 w/ aff units;
$27.00 no units
Detached $17.50 w/ aff units;
$26.00 no units
R: $17.S0 no map; $27.00 w/
map4
No yes (Developer)
Note: This chart presents an overview and terms have been simplified. Consult code and City staff for more information.

Abbreviations: R = Rental
du:;; Dwelling Unit

1. In Union City , single-unit, owner-occupied projects exempt.

FS = For Sale
Ac= Acre

2. In Dublin, 40% of the on-site requirement is covered through an impact fee. sq ft= Square Feet
AMI =Area Median Income
Havward
FS/R: 20 units
no build rea.

Attached: 7.5%
Detached: 10%
80-110%AMI
FS:

Attached: $3.24/sf
Detached: $4/sf
R: $3.24/sf
yes (Developer)
MF= Multi-Family
Req. = Requirement
Miloitas
FS/R: 5 units
no build rea.

5.0%
Up to 80%AMI
5% building permit value5
yes (Developer)
Pleasanton
FS/R: 15 units
no build rea.

MF: 15%
SF: 20%
SF: 80%AMI
MF: 120%AMI
MF: $2,783/du;
SF:
<l,500 sq ft: $2, 783/du
>1,500 sq ft: $11,228/du
yes (Developer)
SF= Single Family
BP = Building Permit

3. All cities that do not allow fee payment by right allow developers to seek Council approval of fee payment instead of on-site units. Also, all cities with on-site reqs. provide options for off-site construction and land dedication.

4. Rental projects with a subdivision map allowing conversion to condominiums

5. In-lieu/impact fee introduced as temporary measure while City prepares formal nexus study. Fee has not yet been assessed. Average residential building permit value is reported to be$ __ .

6. Fee calculated based on current median sales price for individual projects. No fees have been owed since 2008.

Prepared by Keyser Marston Associates, Inc.

Filename: C:\Userslkfeeney\Desktop\Newark A-4 A-5; A5 Incl Programs Desc; 4/18/2016:hgr San Leandro Union Citv
FS: 2 units n/a
FS: 7 units FS: 1 unit
15% 15%
60%@ 80-120% AMI; 10%@ 50-80%AMI;
40% @ 50-80% AMI 30%@ 80-100% AMI;
60%@ 100-120% AMI
(Median Sale Price - <7 units: $160,000 /du owed;
Affordable Price) x units 7+ units: $180 /sf owed
owed6
yes (City) yes (City)
Item D. 8.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT Adopt resolutions establishing the City Council regular meeting schedule for calendar year 2026, with starting times of 7:00 p.m. and authorizing the City Manager to take administrative actions during the August Recess
Pursuant to Newark Municipal Code Section 2.08.010, the City Council is required to establish the schedule for regular meetings by adopting a resolution. A draft resolution proposing the meeting dates and times for the calendar year 2026 has been prepared for City Council consideration. If approved, meetings will continue to be held on the second and fourth Thursdays of each month beginning at 7:00 p.m. The resolution also authorizes the annual August meeting recess and cancels the second meeting in November and December due to holiday observances. Special City Council meetings may be called as needed.

The City Council has consistently approved an August Recess since 1994, during which no regular meetings are held. City staff also requests authorization for the City Manager, or designee, to approve administrative matters that may arise during the August meeting recess and that cannot be deferred until the September 10, 2026, City Council meeting. Typical administrative matters may include:

Acceptance of work completion on City Project
Approval of agreements for budgeted projects and services Approval of plans and specifications
Award of contracts for budgeted projects
Denial of claims
The City Manager or designee will provide a staff report on all actions taken during the August Recess at the September 10, 2026, City Council meeting.

Staff recommends that the City Council adopt resolutions to establish the schedule for regular City Council meetings in 2026 (Attachment A) and to authorize the City Manager, or designee, to handle certain administrative matters during the August 2026 Meeting Recess (Attachment B).

Attachments
Attachment A - 2026 Council Regular Meeting Schedule
Attachment B - 2026 Council August Recess
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ESTABLISHING THE DATES AND TIMES FOR

REGULAR CITY COUNCIL MEETINGS FOR THE
CALENDAR YEAR 2026
WHEREAS, the City Council of the City of Newark adopted Ordinance No. 523 amending the Newark Municipal Code to provide that the City Council shall establish dates and times for regular City Council Meetings by resolution; and WHEREAS, the City Council desires to adopt a resolution establishing dates and times for regular City Council Meetings for Calendar Year 2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the regular City Council Meetings for Calendar Year 2026 shall be on the dates and times specified in this Resolution.

January to December 2026 – Regular Meeting Dates, Starting at 7:00 p.m.

January 8, 2026
January 22, 2026
February 12, 2026
February 26, 2026
March 12, 2026
March 26 2026
April 9, 2026
April 23, 2026
May 14, 2026
May 28, 2026
June 11, 2026
June 25, 2026
July 9, 2026
July 23, 2026
*August 13, 2026
*August 27, 2026
September 10, 2026
September 24, 2026
October 8, 2026
October 22, 2026
November 12, 2026
*November 26, 2026
December 10, 2026
*December 24, 2026
*2026 canceled meetings
 August Recess: August 8 and 22, 2026
 Thanksgiving Holiday: November 26, 2026
 Christmas Holiday: December 24, 2026
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO ACT UPON CERTAIN ADMINISTRATIVE

MATTERS ON BEHALF OF THE CITY OF NEWARK DURING

THE CITY COUNCIL SUMMER MEETING RECESS AUGUST
2026
WHEREAS, the City Council of the City of Newark will be in recess during the month of August 2026; and
WHEREAS, during said City Council recess, certain administrative matters require action.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager, or his authorized designee, to act upon the following certain administrative matters during the City Council’s meeting recess August 2026, which should not be deferred until the next regularly scheduled meeting of the City Council on September 10, 2026:
 Acceptance of completion of work on City projects
 Approval of agreements as needed for budgeted projects and services  Approval of plans and specifications
 Award of contracts for budgeted projects
 Denial of claims
BE IT FURTHER RESOLVED that all actions taken by the City Manager, or his authorized designee, pursuant to this resolution, shall be reported to the City Council after the recess.

Item D. 9.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM Ed Miranda, Information Technology Director/CIO
SUBJECT Adopt a resolution authorizing the City Manager to execute a Software-as-a-Service (SaaS) Agreement with Tyler Technologies, Inc. to migrate the City’s on-premises Tyler New World Enterprise Resource Planning (ERP) system to the Tyler Software as a Service (SaaS) Cloud
SUMMARY AND RECOMMENDATION
The City’s Tyler New World ERP system is currently hosted on City-managed servers that require ongoing maintenance, hardware replacement, and significant staff resources. As the system and infrastructure age, this on-premises model has become increasingly difficult to maintain securely and reliably.

Migrating to Tyler’s Software-as-a-Service (SaaS) Cloud shifts system hosting, monitoring, updates, backups, and disaster recovery to the vendor, providing improved reliability, stronger security, and modernized operations while the City retains full ownership of its data. The proposed SaaS Agreement replaces the current City Council approved agreement, adding one-time costs of $6,500 for the migration to the Cloud and a contingency of $37,646.28 for potential future upgrades.

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Tyler SaaS Agreement (attached as Exhibit A) and to take all actions necessary to implement the migration.

BACKGROUND
On July 25, 2019, City Council approved $1.15 million to implement an ERP system, of which a contract with Tyler New World for $830,228 was designated for the first five years of software services and maintenance. The City has continued to use Tyler New World ERP as its primary system for finance, payroll, human resources, purchasing, contract management, benefits administration, and other key administrative functions.

Under the City’s current on-premises hosting model, City IT staff must:

Maintain and monitor physical servers, storage, and operating systems Perform regular security patching, system updates, and backups Manage disaster recovery resources
Replace hardware as it reaches end-of-life
Ensure uptime and reliable performance for mission-critical business operations As workloads and cybersecurity expectations continue to increase, maintaining an on-premises ERP environment has become more resource-intensive and poses increased operational risk. The City’s 2019 agreement with Tyler established predictable annual maintenance increases and set the foundation for long-term stability. With Tyler now offering a mature, fully supported SaaS hosting option, migration to the cloud aligns with the City’s broader goals of modernizing systems, improving security, and reducing long-term operational burdens.

DISCUSSION/ANALYSIS
Overview of the Proposed SaaS Agreement
The proposed Software-as-a-Service Agreement includes:

Access to Tyler’s hosted New World ERP applications
Hosting and system operations performed by Tyler in a secure data-center environment
Regular system updates and vendor-managed maintenance
Data backups, system monitoring, and disaster recovery services Maintenance and support delivered under a formal Service Level Agreement (SLA) Professional services to complete the SaaS migration (“SaaS Flip”) City Data Ownership – The City retains full ownership of all City data. Tyler receives only a limited license to access and process data strictly as needed to operate the system. Newark-specific data protection requirements including encryption, incident notification, U.S. data residency for backups, and security standards, are included in the agreement .

Additional Cost Considerations
The current on-premises budget for ERP maintenance and licensing is approximately $85,000 per year. Under the proposed SaaS Agreement, the first-year cloud subscription cost is approximately $138,000, which includes the one-time $6,500 implementation (“SaaS Flip”) fee.

Beginning in the second year and ongoing thereafter, the annual SaaS cost is estimated at $131,306, subject to up to 3% annual adjustments for the first two renewal years and CPI-based increases thereafter. This increase reflects the significantly expanded scope of services provided under the SaaS model, including secure hosting, continuous monitoring, vendor-managed updates, backups, and disaster recovery, which are not included under the current on-premises arrangement.

Accordingly, the transition to SaaS represents an added ongoing operating cost, consistent with industry standards for cloud-hosted ERP systems.

Benefits of Migrating to Tyler SaaS
Improved Reliability and Disaster Recovery
Under the SaaS model, Tyler provides: 24/7 system monitoring, redundant infrastructure and geographically separated data centers, annual disaster recovery testing, and guaranteed recovery objectives: 24-hour Recovery Time Objective (RTO) and 24-hour Recovery Point Objective (RPO).

These standards exceed what the City can feasibly maintain in its on-premises environment and significantly reduce the risk of system outages or data loss.

Enhanced Security Posture
Tyler’s hosting environment undergoes: independent annual Service Organization Controls (SOC) 1 and SOC 2 audits validating financial and security controls, annual penetration testing and continuous intrusion detection and prevention, PCI DSS compliance for applicable payment-related components.

These protections ensure modern, professionally managed security standards that are difficult for individual municipalities to match.

Automatic Updates and Reduced Staff Workload
The SaaS environment ensures Tyler applies updates, enhancements, and security patches on a routine cycle. This eliminates the need for City staff to schedule and perform system updates manually while ensuring the City always has access to the most current, secure version of the software.

Financial Predictability and Cost Avoidance
The City’s existing 3% annual maintenance cap is preserved under the proposed SaaS Agreement for the first two renewal years. In addition, the SaaS model avoids future costs for server hardware replacement, storage systems, backup equipment, and other capital investments associated with on-premises hosting.

City Ownership and Control of Data
The Agreement clarifies that: The City owns all data stored in the system, Tyler may access City data only as needed to operate the service, Newark-specific security requirements including encryption, incident notification, and confidentiality govern Tyler’s handling of City data.

Agreement Term and Renewal
Initial Term: From the first day of the first month following execution through August 31, 2026.

Renewals: The agreement renews annually unless terminated with notice.

Cost Controls: For the first two renewal years following the initial term, increases for the products listed in Exhibit A are capped at 3% per year, consistent with the City’s original 2019 agreement.

This pricing structure maintains cost stability as the City transitions to SaaS. The cost of $405,854 for the current and next fiscal year software services is fixed under both the existing and proposed contracts.

FISCAL IMPACT
The total costs associated with the SaaS subscription and migration services are The total costs associated with the SaaS subscription and migration services are detailed in the Investment Summary in Exhibit A. One-time implementation and project planning costs total $6,500, and a $37,646.28 contingency is included for potential module updates or upgrades over the agreement term. The agreement establishes a not-to-exceed amount of $450,000.

This action also updates how ERP costs are budgeted. Currently, approximately $85,000 per fiscal year for ERP maintenance and licensing is budgeted in the General Fund. With the transition to the SaaS model, ongoing ERP subscription costs will instead be budgeted in the Technology Equipment Replacement Fund (Internal Service Fund 702) and allocated across all departments through the internal service cost distribution process, reflecting the citywide nature of the ERP system.

Because the annual SaaS subscription cost exceeds the City’s current $85,000 operating budget for ERP services, this transition results in an ongoing cost increase and requires additional appropriations beginning in Fiscal Year 2025–26. This change reflects the expanded scope of hosted services included in the SaaS model, such as secure cloud hosting, system monitoring, backups, vendor-managed updates, and disaster recovery.

This reallocation aligns with Government Finance Officers Association (GFOA) best practices by improving transparency, ensuring accurate cost distribution across departments, and supporting long-term technology lifecycle planning for the full cost of a citywide enterprise system.

For Fiscal Year 2025–26, a total of $138,000 is required in the Technology Equipment Replacement Fund (702.87.702.800.6150). This amount will be funded by transferring the existing $85,000 General Fund budget (110.80.080.800.6221) and adding $53,000 in additional appropriations to fully support the first year of cloud subscription costs. An amendment to the 2024–2026 Biennial Budget and Capital Improvement Plan will be necessary, and budgets for subsequent years will be incorporated into the biennial budget process.

REVIEW AND APPROVAL
Prepared by - Edwin J. Miranda, Information Technology Director/CIO Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Resolution - Tyler SaaS Agreement
Exhibit A - Proposed Tyler SaaS Agreement
Current Tyler Agreement
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A SOFTWARE-AS-A-SERVICE AGREEMENT
WITH TYLER TECHNOLOGIES, INC. FOR MIGRATION OF
THE CITY’S NEW WORLD ERP SYSTEM TO TYLER’S SAAS
CLOUD AND AMENDING THE 2024–2026 BIENNIAL

BUDGET AND CAPITAL IMPROVEMENT PLAN
WHEREAS, the City uses Tyler New World ERP (Enterprise Resource Planning software) to support finance, payroll/HR, purchasing, and related business processes, and the current on-premises hosting model requires significant infrastructure lifecycle management and security hardening; and
WHEREAS, Tyler Technologies, Inc. offers a Software-as-a-Service (SaaS) hosting and operations model for the City’s ERP that provides secured hosting, vendor-managed updates, service level commitments, and disaster recovery capabilities; and WHEREAS, staff recommends migrating from on-premises hosting to Tyler’s SaaS Cloud to improve availability, disaster recovery posture, security, and cost predictability while maintaining City ownership of data; and
WHEREAS, a Software-as-a-Service Agreement (“Agreement”) with Tyler Technologies, Inc., substantially in the form attached to the staff report as Attachment A, establishes a not-to-exceed project amount of $450,000, including one-time implementation services, migration services, SaaS subscription fees, and a contingency for module updates or upgrades; and
WHEREAS, to implement the migration and align with the Agreement’s first-year invoicing (prorated to the City’s September–August billing cycle), an amendment to the 2024–2026 Biennial Budget and Capital Improvement Plan is necessary to appropriate funds for one-time services.

WHEREAS, the ERP system supports all City departments, and migrating to the SaaS subscription model necessitates relocating ongoing ERP costs from the General Fund to the Technology Equipment Replacement Fund (Internal Service Fund 702) to align costs with citywide users and internal service fund cost-allocation practices; and WHEREAS, to implement the SaaS transition, appropriations must be established in Fiscal Year 2025–26 within Fund 702, and the 2024–2026 Biennial Budget and Capital Improvement Plan must be amended accordingly.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute the Software-as-a-Service Agreement with Tyler Technologies, Inc., and all documents necessary to implement the ERP system migration, in a form approved by the City Attorney, in an amount not to exceed $450,000.

BE IT FURTHER RESOLVED that the City Council approves an amendment to the 2024–2026 Biennial Budget and Capital Improvement Plan to establish funding for the ERP SaaS migration, and directs that ERP subscription costs for future fiscal years be incorporated into the City’s biennial budget process as follows:

Account Description Amount
TO: 702.87.702.800.6150 ERP SaaS Migration (Tyler New World) $ 138,000 FR: 702.3000 Unappropriated Fund Balance $ 53,000
FR: 110.80.080.800.6150 Reallocation of existing GF ERP budget $ 85,000 1 SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.

WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:

SECTION A – DEFINITIONS
• “Agreement” means this Software as a Service Agreement. • “Business Travel Policy” means our business travel policy. Our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
• “Client” means the party indicated on the signature block or, in the absence of a signature block, the Investment Summary.
• “Data” means your data necessary to use the Tyler Software. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data, if any, identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you (or the Documentation in the absence of a written proposal), or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
• “Defined Users” means the number of users, if any, that are identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary. • “Developer” means a third party who owns the intellectual property rights to a Third-Party Product.
• “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement. Notwithstanding the foregoing, if these terms are linked from an Order Form, the Effective Date is the date your authorized representative signed the Order Form. • “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
2 • “Order Form” means an ordering document that includes a quote or investment summary and specifies the items to be provided by Tyler to Client, including any addenda and supplements thereto.
• “Professional Services” means those services provided by Tyler or a third party related to the scope of this Agreement and identified in the Investment Summary. • “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting, or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
• “Support Call Process” means the support call process applicable to all our customers who have a right to use the Tyler Software. Our current Support Call Process is attached as Schedule 1 to Exhibit C.
• “Third-Party Hardware” means the third-party hardware, if any, identified in the Investment Summary.
• “Third-Party Products” means the Third-Party Software and Third-Party Hardware. • “Third-Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
• “Third-Party Services” means the third-party services, if any, identified in the Investment Summary.
• “Third-Party Software” means the third-party software, if any, identified in the Investment Summary or included with the Tyler Software.
• “Third-Party Terms” means the end user license agreement(s) or other terms, if any, for the ThirdParty Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
• “we,” “us,” “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.

SECTION B – SAAS SERVICES

1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your governmental purposes, subject to any limits for Defined Users or Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in this Agreement. In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). You acknowledge that we have no obligation to ship copies of the Tyler Software as part of the SaaS Services. Your right to use the SaaS Services applies to releases provided as part of our Maintenance and Support Services as further detailed in this Agreement. 3 2. Ownership.

2.1.We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.

2.2.The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.

3. Data.

3.1. You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to fulfill our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.

3.2. You expressly grant to us a limited, non-exclusive license to access, copy, transmit, download, display, and reproduce your Data to provide services pursuant to this Agreement. Additionally, you agree that Tyler may use deidentified Data for Client or third-party demonstrative or training purposes.

3.3.Our access to and use of your Data necessary to use the Tyler Software or SaaS Services will comply with applicable provisions of our Privacy Statement (available at https://www.tylertech.com/privacy) and applicable law. A copy of Tyler’s Privacy Statement as of September 4, 2025 is attached as Exhibit E for informational purposes.

3.4.Data Breach Notification. Tyler will provide notice of a breach of Client Data in accordance with, and within the time frame required by, applicable state and federal data breach notification laws.

4. Restrictions.

4.1.You may not:

4.1.1. make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations;

4.1.2. modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services;

4.1.3. access or use the SaaS Services to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or

4.1.4. license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.

4.1.5. Notwithstanding anything to the contrary in this Section 4.1, you may disclose, with our written consent, not to be unreasonably withheld, the Tyler Software, SaaS Services, or Documentation to a third party you consult with regarding the implementation or use of the Tyler Software and SaaS Services. You must ensure that any such third-party’s use is subject to the terms of this Agreement, and you acknowledge and agree that you are liable for any breach of the terms of this Agreement by such third party.

5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with our then-current Support Call Process.

6. SaaS Services.

6.1.Audit & Compliance. Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will 4 maintain, SOC 1 and SOC 2 compliance, or their equivalent, for so long as you are timely paying for SaaS Services. The foregoing notwithstanding, you acknowledge that the scope of audit coverage varies depending on the specific Tyler Software solution. We will provide you with a summary of our current compliance report(s) or its equivalent, upon your request. For the avoidance of doubt, if our SaaS Services are provided using a third-party data center, the compliance report may be for that third-party provider and be subject to confidential treatment in accordance with applicable law. If you want us to provide our compliance reports to a thirdparty auditor or similar entity, we reserve the right to require execution of an NDA by that third party.

6.2.Service Levels. The Tyler Software will be made available to you according to the terms of the SLA.

Tyler SaaS Services will be provided via a third-party data center. Your Data will be inaccessible to our other customers.

6.3.Business Continuity. Data centers used to deliver SaaS Services for this Agreement have redundant telecommunications access, electrical power, and the required hardware to provide access to the SaaS Services in the event of a disaster or component failure. We test our disaster recovery plan on an annual basis. The plan is not client specific and is detailed in Tyler’s System & Organization Control reports or their equivalent. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored. If we employ our disaster recovery plan, we will be responsible for restoring your Data and ensuring that the SaaS Services are online, and you will be responsible for validating your Data and confirming the functioning of the SaaS Services, including any integrations.

6.4.Security Measures. We provide secure Data transmission paths between your devices and the data center used to provide SaaS Services to you. Data centers used to provide SaaS Services are accessible only by authorized personnel with a unique key entry or comparable security. We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords, or other confidential information, and vulnerability and penetration test scanning of our network and systems (hosted or otherwise) are prohibited. Where applicable with respect to our applications that take or process card payment data, we comply with applicable requirements of PCI DSS. We agree to supply the then-current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance and, in the event of any change in our status, we will comply with applicable notice requirements. A copy of Tyler’s Attestation of Compliance as of December 2024 is attached as Exhibit F for informational purposes.

SECTION C – PROFESSIONAL SERVICES

1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary.

2. Professional Services Fees. You agree to pay us the services fees in the amounts set forth in the Investment Summary. You acknowledge that the fees stated in the Investment Summary, unless 5 expressly stated otherwise, are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you upon acceptance associated with the services identified as fixed fees. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable rate by the quoted units.

3. Additional Services. The Investment Summary contains the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote unless otherwise indicated on the quote or as otherwise agreed.

4. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (i) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (ii) any non-refundable travel expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event you cancel within four (4) weeks of scheduled commitments.

5. Services Warranty. We will perform services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will reperform such services at no additional cost to you.

6. Site Access and Requirements. At no cost to us, you agree to provide us with reasonable access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.

7. Background Checks. All of our employees undergo criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.

8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You certify that you will use reasonable efforts to cooperate with us and make yourresources available for the performance of the Agreement in accordance with its terms and the mutually agreed project schedule. Additionally, you agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to support the efficient execution of the activities required for this Agreement. Accordingly, you will provide notice of any known inability to timely meet a project commitment so that appropriate project adjustments can be made. We will not be liable for failure to meet any project deadlines or milestones when such failure is due to Force Majeure or to the failure by you to comply with the requirements of this paragraph.

9. Maintenance and Support Services.

9.1.For the duration of this Agreement, consistent with the terms set forth in our then-current Support Call Process, we will:

9.1.1. perform our maintenance and support obligations in a professional and workmanlike manner, consistent with industry standards, to provide support and resolve Defects in the Tyler Software (subject to any applicable release life cycle policy); 6 9.1.2. provide telephone support during our established support hours as indicated in our thencurrent Support Call Process;

9.1.3. maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third-Party Software, if any, in order to provide maintenance and support services;

9.1.4. provide releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers with a current SaaS Agreement.

9.2.Your use of Tyler Software or SaaS Services requires that you remain current with supported releases of Tyler Software as indicated in any applicable release lifecycle policy. Our warranty and support commitments are contingent upon you using a supported version of the Tyler Software.

Tyler may require you to update to a current version of the Tyler Software to address a critical issue (for example, to address an identified security vulnerability in the Tyler Software or a thirdparty component). Tyler will use commercially reasonable efforts to (i) minimize the number of such instances and (ii) provide as much advance notice as possible.

9.3.We will use all reasonable efforts to perform support services remotely. We reserve the right to use secure third-party connectivity tools to deliver maintenance and support services. We also reserve the right to collect Tyler Software or SaaS Services telemetry for product evaluation, quality assurance, and security monitoring and enhancement purposes. You agree to reasonably cooperate with us in providing access to your environments and Data for the purposes of providing maintenance and support services and acknowledge that our warranty, support, and service level obligations under this Agreement are contingent upon receiving reasonable access to your Data and systems.

9.4. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support; (b) application design; (c) other consulting services; or (d) telephone support outside our normal business hours as listed in our then-current Support Call Process.

SECTION D – THIRD-PARTY PRODUCTS

1. Third-Party Hardware. We will sell and deliver any Third-Party Hardware set forth in the Investment Summary for the price indicated therein. Unless otherwise indicated, installation of Third-Party Hardware will be performed by Tyler or identified third party installers.

2. Third-Party Software. Your rights under this Agreement may include rights to certain Third-Party Software. We certify that we have acquired the right to provide the Third-Party Software to you. Your rights to the Third-Party Software will be governed by the Third-Party Terms and, in the absence of such terms, this Agreement.

3. Third Party Products Warranties.

3.1 We are authorized by each Developer or its authorized reseller to sell or grant access, as applicable, to the Third-Party Products.

3.2 Unless otherwise expressly indicated, Third-Party Hardware will be new and unused. You will receive free and clear title to the Third-Party Hardware you purchase upon your payment in full of the purchase price.

3.3 You acknowledge that we are not the manufacturer of Third-Party Products. We do not warrant or guarantee the performance of the Third-Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third-Party Products.
7 4. Third-Party Services. If you have purchased Third-Party Services, those services will be provided independently of Tyler by such third party at the rates set forth in the Investment Summary and in accordance with Exhibit B.

SECTION E – TERM AND TERMINATION

1. Term. The initial term of this Agreement commences on the first day of the first month following the Effective Date and ends August 31, 2026. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current renewal term; provided, however, that for the first two (2) annual renewal terms, your SaaS Fees for the products that are listed in Exhibit A as of the Effective Date will not increase by more than three percent (3%) year over year. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.

2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section G(2).

2.1.Failure to Pay Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of fees. We may terminate this Agreement if you do not cure a failure to pay within sixty (60) days of our notice to you that you have overdue payments not disputed as described above.

2.2.For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section G(2). You may terminate this Agreement for cause after following the procedures set forth in Section G(2).

2.3.Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.

2.4. Lack of Appropriations. If you should not appropriate or otherwise make available fundssufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.

SECTION F – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE

1. Intellectual Property Infringement Indemnification.

1.1. We will defend you against any third-party claim(s) that the Tyler Software or Documentation infringes that third-party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

1.2.Our obligations under this Section F(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties.

1.3.If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either:
8 1.3.1. procure the right to continue its use;

1.3.2. modify it to make it non-infringing; or

1.3.3. replace it with a functional equivalent.

We may elect to employ these remedies in advance of litigation if we receive information concerning an infringement or misappropriation claim.

1.4.This section provides your exclusive remedy for third-party copyright, patent, or trademark infringement and trade secret misappropriation claims.

2. General Indemnification.

2.1.We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (i) personal injury, death, or damage to tangible property, all to the extent caused by our negligence or willful misconduct; or (ii) our violation of law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

2.2.To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (i) personal injury, death, or damage to tangible property, all to the extent caused by your negligence or willful misconduct; or (ii) your violation of a law applicable to your performance under this Agreement.

We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.

3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER

WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT

NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.

4. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS

AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED

ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (i) DURING THE INITIAL TERM, AS SET FORTH IN SECTION E(1), ONE AND ONE-HALF (1.5) TIMES THE TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (ii) DURING ANY RENEWAL TERM, ONE AND ONE-HALF (1.5) TIMES THE THENCURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE

AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS

LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE

EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS F(1) AND F(2).

5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR

CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (i) Commercial General Liability of at least $1,000,000 per occurrence and $2,000,000 aggregate; (ii) Automobile Liability of $1,000,000 combined single limit; (iii) Professional Liability (inclusive of cyber protection) of $2,000,000 per claim and in the aggregate; (iv) Workers Compensation complying with applicable statutory requirements; and (v) Excess/Umbrella Liability of $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request. The limits of insurance for Commercial General Liability and Automobile Liability coverage required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. We agree that our insurance is primary for claims under our Commercial General Liability and Automobile Liability policies(or, by extension, our Excess/Umbrella policy) that are caused, in whole or in part, by Tyler as respects the Agreement.

SECTION G – GENERAL TERMS AND CONDITIONS

1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current pricing, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.

2. Performance Issues and Dispute Resolution.

2.1.Notice. You agree to provide us with written notice within thirty (30) days of receipt of an invoice (for invoice disputes) or, in the case of performance, becoming aware of an issue related to our performance under this Agreement.

2.2.Invoice Issues.

2.2.1. If the issue relates to an invoice, your notice must include the following: (i) the issue(s) with the invoice; (ii) the specific fee(s) at issue; and (iii) the corrective action(s) you are requesting of Tyler.

2.2.2. We will provide a response to your notice that (i) supports the validity of the invoice as issued by us; (ii) adjusts the invoice; or (iii) describes our plan to address the issues identified in your notice.

2.2.3. You agree to pay all undisputed fees by the due date. You acknowledge that you forfeit your right to dispute any fees under this Agreement when you fail to pay undisputed fees within sixty (60) days of our notice that the fees are overdue.

2.2.4. In addition to any other remedies available to us under this Agreement or law for nonpayment, we reserve the right to recover from you our reasonable costs of collection associated with your failure to timely pay amounts due under this Agreement.

2.2.5. WE RESERVE THE RIGHT TO SUSPEND PERFORMANCE OF ANY SERVICE, INCLUDING ACCESS TO SAAS SERVICES, FOR FAILURE TO TIMELY PAY UNDISPUTED FEES FIFTEEN (15) DAYS FOLLOWING OUR NOTICE OF INTENT TO DO SO.

2.3.Dispute Resolution. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in mediation in an 10 effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.

3. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities, and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy.

For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.

4. Nondiscrimination. We will not discriminate against any employee or applicant in our employment practices or the performance of our duties, responsibilities, and obligations under this Agreement because of race, color, religion, gender, age, disability, religious beliefs, national, or ethnic origin. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.

5. E-Verify. We use the U.S. Department of Homeland Security’s E-Verify system to confirm the eligibility of all current employees and persons hired during the contract term to perform services within the United States under this Agreement.

6. Subcontractors. We will not subcontract any Professional Services specifically for this Agreement without your prior written consent, not to be unreasonably withheld.

7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. Tyler will provide notice of a change in control after the information is public.

8. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.

9. No Intended Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third-Party Terms.

10. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, or implied. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified in writing, signed by an authorized representative of the party against whom enforcement is sought. 11 11. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.

12. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.

13. Independent Contractor. We are an independent contractor for all purposes under this Agreement.

14. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (i) actual receipt by the receiving party; or (ii) five (5) days following deposit with registered or certified mail with proper postage affixed and addressed to the other party at the address set forth in this Agreement or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.

15. Client Lists. You agree that we may identify you by name in client lists and, only with your prior written permission, marketing presentations and promotional materials.

16. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.

Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
i. is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
ii. a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
iii. a party receives from a third party who has a right to disclose it to the receiving party; or iv. is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.

17. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.

18. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state or commonwealth of domicile, without regard to its rules on conflicts of law. 12 19. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.

20. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. In such cases, we reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.

21. Data & Insights Solution Terms. Reserved.

22. Contract Documents. This Agreement includes the following exhibits:

Exhibit A Investment Summary
Exhibit B Invoicing and Payment Terms
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third-Party Terms
Exhibit E Tyler Privacy Statement as of September 4, 2025 Exhibit F Tyler PCI Compliance Attestation as of December 2024 Exhibit G Data Protection and Information Security

SIGNATURES ON FOLLOWING PAGE
13 IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.

Tyler Technologies, Inc. City of Newark, California
By: By:

Name: Name: David J. Benoun
Title: Title: City Manager
Date: Date:

Address for Notices: Address for Notices:

Tyler Technologies, Inc. City of Newark
7701 College Boulevard 37101 Newark Boulevard
Overland Park, KS 66210 Newark, CA 94560-3796
Attention: Chief Legal Officer Attention: ___________________________ ATTEST:
____________________________
By: Neetu Salwan
Title: City Clerk
APPROVED AS TO FORM:
____________________________
By: Kristopher J. Kokotaylo
Title: City Attorney
Exhibit A
1 Exhibit A
Investment Summary
The Investment Summary details the products and services to be delivered by us, or a third party, as applicable, to you under the Agreement. This Investment Summary is effective as of the Effective Date regardless of any expiration date in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

QUOTE “Newark CA_NWERP SaaS” ON FOLLOWING PAGE

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2025-519274-T5M0N0 CONFIDENTIAL Page 1
Quoted By: Summer Zwarun
Quote Expiration: 12/31/25
Quote Name: Newark CA _ NWERP SaaS
Sales Quotation For:

City of Newark
37101 Newark Blvd
Newark CA 94560-3796
Tyler Annual Software - SaaS
Description Annual
New World ERP
Financials
Accounting/General Ledger $ 17,048
Purchase Orders $ 4,925
Contract Management $ 1,144
Fixed Assets $ 2,650
Bank Reconciliation $ 1,894
Project Accounting $ 2,652
Misc Billing & Receivables $ 2,652
Decision Support Base Datamart $ 4,925
FM Analytics $ 3,031
FM Dashboards $ 3,410
eSuite Base (Payments) $ 4,925
Third Party Document Imaging Interface $ 2,652
Additional SaaS Environment $ 5,000
Payroll/HR
2025-519274-T5M0N0 CONFIDENTIAL Page 2
Payroll/HR $ 13,638
Position Budgeting $ 3,031
Benefits Administration $ 2,652
Leave Management $ 3,410
Personnel Actions $ 3,031
Employee Event Tracking $ 3,031
Time & Attendance Interface $ 3,031
HR Analytics $ 3,031
HR Dashboard $ 3,410
eEmployee $ 7,577
eBenefits Admin $ 3,788
Forms
Processing Software $ 3,218
Time & Attendance
Time & Attendance Mobile Access License $ 2,351
Time & Attendance $ 8,867
Tyler One
Tyler Products
ACFR Statement Builder $ 4,925
Workforce Direct $ 0
Content Manager
Core $ 5,407
TOTAL $ 131,306
2025-519274-T5M0N0 CONFIDENTIAL Page 3
Fixed Fee Services
Description Units Price Maintenance
New World ERP
ERP Insights
Saas Flip Install Fee 1 $ 4,000 $ 0
Other Services
Project Planning Services for SaaS Flips 1 $ 2,500 $ 0
TOTAL $ 6,500 $ 0
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0 $ 0
Total SaaS $ 0 $ 131,306
Total Tyler Services $ 6,500 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 6,500 $ 131,306
Comment
Any acquisition of clocks and/or clock maintenance is subject to the following terms:

Time & Attendance Clock Terms (tylertech.com)
Client’s Identity Provider is Entra (Azure). IT Contact is Ed Miranda <[email protected]>. 2025-519274-T5M0N0 CONFIDENTIAL Page 4
• Recurring SaaS fee is based on an annual commitment for up to one hundred (100) concurrent users. • Additional concurrent users will be billed at our then current rate, which is currently $1,750 per user annually. • Recurring SaaS fee is for two environments (Live and Test), with a Hosting minimum difference of $26,000.

Workforce Direct - The use of certain Tyler application(s) requires Client to engage and use an identity provider that meets Open ID Connect (OIDC) or Security Assertation Markup Language (SAML) standards (each, an “IdP”), such as Microsoft Entra ID, Okta, Google Cloud Identity or Rapid Identity. Client will permit these applications to directly federate with such IdP. Client is responsible for (a) keeping Client and its representatives’ passwords secure and confidential, (b) any account activity or access that occurs pursuant to Client and its representatives’ passwords, its account or IdPs, and (c) notifying Tyler of any unauthorized access to its account. Failure to provide Tyler with the ability to federate to a supported IdP may result in disrupted deployment and implementation schedules and additional costs. If you do not have an IdP in place, please contact us for additional information.

Tyler's form library prices are based on the actual form quantities listed, and assume the forms will be provided according to the standard New World ERP form template. Any forms in addition to the quoted amounts and types, including custom forms or forms that otherwise require custom programming, are subject to an additional fee. Please also note that use of the Tyler Forms functionality requires the use of approved printers as well. You may contact Tyler's support team for the most current list of approved printers. The Tyler Software Product Tyler Forms Processing must be used in conjunction with a Hewlett Packard printer supported by Tyler for printing checks
In the event Client acquires from Tyler any edition of Tyler Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Tyler Content Manager software with non-Tyler applications, Client must purchase or upgrade to Tyler Content Manager Enterprise Edition.</TCM-SE-SW> Time & Attendance includes the New World ERP Time and Attendance Web API endpoints.

Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
• License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible.
• SaaS flips include one Live environment and one Test environment for one entity, unless otherwise stated in the contract. • Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware. • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software accessible to the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the Agreement. • Fees for services included in this sales quotation shall be invoiced as indicated below. o Implementation and other professional services fees shall be invoiced as delivered. 2025-519274-T5M0N0 CONFIDENTIAL Page 5
o Client has six months to use the services. If Client does not use the services within six months, Tyler may remove the unused services or issue a new quote to provide services at then-current rates.
o o Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module.
o Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and material basis. " o Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where Project Planning Services are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. o If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. o Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment. • Expenses associated with onsite services are invoiced as incurred.

Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here:
https://www.tylertech.com/terms/tyler-saas-services.

Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

Exhibit B
1 Exhibit B
Invoicing and Payment Terms
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. Tyler SaaS Services and Other Annual Services. SaaS Fees and other annual services fees, prorated for the period commencing on the first day of the first month following the Effective Date and ending August 31, 2026, are invoiced on the Effective Date. Thereafter, annual SaaS Fees and annual services fees are invoiced on an annual basis, for the period September 1 through August 31. Your annual SaaS fees and annual services fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees and annual service fees will be at our then-current rates. We agree not to increase annual SaaS Fees and annual services fees by more than three percent (3%) over the previous year’s fees for the first two (2) renewal terms following the expiration of the initial term.

2. Tyler Services.

2.1. Professional Services Generally: Unless otherwise indicated below, fees for Tyler services are invoiced as delivered.

2.2. Consulting Services: Fixed fee Consulting Services 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.

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

2.4. Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced (i) 50% upon delivery of specifications and (ii) 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. 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. Strategic Program Management Services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of program planning.

Exhibit B
2 3. Hardware & Third-Party Products.

3.1. Hardware: Hardware costs, if any, are invoiced upon delivery. As of the Effective Date, there is no hardware included in the Agreement.

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

3.3. Third-Party Services: Fees for Third-Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.

3.4. Third Party Software. License Fees for Third Party Software, in any, are invoiced when the applicable Third Party Software is made available to you for download.

3.5. Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when it is made available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.

3.6. Third-Party SaaS Services. Third-Party SaaS Services fees, if any, are invoiced on an annual basis, commencing with availability of the respective Third-Party SaaS Services. Pricing for the first year of Third-Party SaaS Services is indicated in the Investment Summary. Unless express stated otherwise, pricing for subsequent years will be at then-current rates.

4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a monthly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days. As of the Effective Date, there are no transaction fees applicable to this Agreement.

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, attached hereto as Schedule 1 to this Exhibit B. Travel expenses, if any, are invoiced to Client at cost without markup. Tyler will not travel to Client’s site without coordinating that travel with Client in advance.

6. Credit for Prepaid Maintenance and Support Fees for Tyler Software. Client will receive a credit for the software maintenance and support fees and if applicable, for annual “Disaster Recovery” and “Tyler Systems Management” services fees, prepaid for the time period commencing on the first day of the SaaS Term.

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

Exhibit B
Schedule 1
1 Exhibit B
Schedule 1
Business Travel Policy

1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.

Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory.

When booking less than seven (7) days in advance, management approval will be required.

Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.

B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.

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 Exhibit B
Schedule 1
2 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.

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.

Exhibit B
Schedule 1
3 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.

5. Internet Access – Hotels and Airports
Exhibit B
Schedule 1
4 Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.

6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.

When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.

The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.

Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.

Exhibit C
1 Exhibit C

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

This SLA does not apply to any Third-Party SaaS Services.

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 production environment.

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

III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number.

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

In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen (15) days of the end of the applicable month. We will respond to your relief request within thirty (30) days 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% - 98.00% Remedial action will be taken

97.99% - 95.00% 4%
Below 95.00% 5%
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.

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

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

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

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

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

New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting 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.

Exhibit C
Schedule 1
2 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.
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.

Exhibit C
Schedule 1
3 Priority
Level Characteristics of Support Incident Resolution Targets* 3 Medium
Priority Level 1 incident with an
existing circumvention procedure, or a
Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.

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

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

Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request.

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.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Exhibit E
1 Exhibit E
Tyler Privacy Statement as of September 4, 2025
Reproduced from tylertech.com/privacy. Please see tylertech.com/privacy for updates.

Tyler Technologies, Inc.

Privacy Statement
Introduction and Scope
Tyler Technologies, Inc. and its subsidiaries, along with their respective business units and business lines ("Tyler", “we,” “us” or “our”) are committed to protecting your privacy.

This Tyler Privacy Statement explains our privacy practices when we collect, use, or transfer personal data. This Privacy Statement applies when you interact with Tyler through any of our online applications and features, digital services, communication channels, websites and mobile applications (collectively the "Tyler Platform”). It also applies to information Tyler collects through other means, including information collected offline.

For purposes of this Privacy Statement, “personal data” generally means information that on its own or combined with other information, can directly or indirectly identify an individual. “Process” or “processing” generally means the collection, use, storage, disclosure, analysis, deletion or modification of personal data.

We may revise this Privacy Statement periodically and will post any changes to the Tyler Platform. Changes to the Tyler Privacy Statement are effective at the time they are posted and your continued use of the Tyler Platform, or provision of information to us through other means after posting will constitute acceptance of, and agreement to be bound by, those changes. Please review this Privacy Statement from time to time to ensure you are aware of changes to it. If you do not agree with the Tyler Privacy Statement, please do not use the Tyler Platform.

How this Privacy Statement and our privacy practices apply to you depends on your relationship with Tyler or use of the Tyler Platform. The following are just a few examples of situations where Tyler, as a company providing software solutions and services to our public sector clients and their end users, may process your personal data when you apply for a dog license, pay a property tax bill, or are a party in a court case. In those types of situations, the Tyler as a Data Processor section explains our role in the processing of your personal data. When Tyler processes personal data for its own business purposes, such as when you apply for a job at Tyler, the Tyler as a Data Controller section describes our privacy practices.

Exhibit E
2 We strongly encourage you to read the following section that is applicable to your relationship with Tyler in its entirety.

Tyler as a Data Processor
This Tyler as a Data Processor section applies generally to the personal data we process as part of the application solutions and services we provide pursuant to a contract between Tyler and a client or a customer (a “Client”). In other words, Tyler as a Data Processor applies to Client directed processing activities.

Many of Tyler’s Clients are municipal or state government agencies or political subdivisions, including public administration, courts and public safety, and health and human services agencies, as well as K-12 educational entities. Our Clients use our products to provide services to their customers, constituents, employees, or students. Our Clients decide what personal data is collected, used, or shared in the Tyler Platform, and why. In these circumstances, our Clients are typically the data “controllers” and Tyler generally acts as a data “processor” because our Clients tell us what to do with the personal data, what to collect and the purpose for which it was collected. Our Clients own the data, not Tyler.

For information related to the privacy practices of a Tyler Client who uses Tyler products or services, please contact the respective Client directly. Tyler does not manage and is not responsible for the privacy practices of Tyler Clients, which may differ from the privacy practices described in the Tyler Privacy Statement.

Why We Disclose Personal Data as a Processor
We do not sell, share, or otherwise transfer personal data we process on behalf of Clients to third parties for cross-context behavioral advertising or in exchange for monetary or other valuable considerations.

We may, however, disclose personal data with sub-processors or service providers solely to help us provide products and services to Tyler Clients. Any such disclosure is limited to what is necessary to meet our contractual obligations and is carried out strictly in accordance with the Tyler Client’s instructions.

Tyler Client Responsibilities & Your Rights
As a data processor, Tyler acts at the direction and on behalf of our Clients, which means your main point of contact for privacy questions or requests is the Tyler Client with which you interact.

In addition to contacting the Tyler Client you interact with, you may control the information collected and use in the following ways:

Exhibit E
3  Geolocation Information. You can disable location-based services on your mobile device or web browser by adjusting the settings on your device or browser. This will prevent the Tyler Platform from accessing your Geolocation Information. Note that some Tyler services may not be available if you disable location-based services.
 Cookies and Similar Technologies. You can refuse to accept third-party cookies by following your browser or device’s instructions. If you do not accept cookies, you may experience some inconvenience in your use of the Tyler Platform.  User Requests. You should direct any request related to your personal data processed by us on behalf of a Tyler Client to the applicable Tyler Client. If we receive a request from you directly, we will take reasonable measures to facilitate your request, including contacting the applicable Tyler Client for which we are acting as a data processor with respect to your personal data if you have. We may be reached using our toll-free number: 1-800-772-2260 Option 7 or by email at [email protected].

Tyler as a Controller
Tyler as a Controller applies where we collect, use, and transfer your personal data on our own behalf. It does not apply to the extent Tyler processes personal data in the role of a processor or service provider on behalf of our Clients. Depending on your interactions, more than one role may apply to your relationship with Tyler and the Tyler Platform.

The Tyler Platform may contain links to websites operated by third parties (“Third-Party Sites”).The Tyler Privacy Statement does not apply to those Third-Party Sites, or to any social media platforms where Tyler maintains its social media pages or which you may use to login to the Tyler Platform.

What Personal Data We Collect as a Controller
The personal data we collect depends on how you interact with Tyler and the Tyler Platform. For a description of the personal data Tyler collects as a Controller and the purposes for which we collect it as a Controller, please refer to the list below.  Biometric Information, for example, fingerprint scans.  Identifiers, for example, real name, postal address, email address, and IP address.
 Sensitive Personal Data, for example, social security number, account log-in, and credit card.
 Education Information, for example, student's and their parents' real name and postal address.
 Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information, for example, records of conversations with customer support representatives and camera and microphone data.

Exhibit E
4  Professional or Employment-related Information, for example, educational background and employment history.
 Geolocation Data, for example, approximate and precise location of an individual.  Commercial Information, for example, information about purchases of Tyler products and services and information necessary to complete payments or facilitate transactions.
 Internet or Other Electronic Network Activity Information, for example, information about your interactions with the Tyler Platform and aggregate information about traffic across the Tyler Platform.
 Inferences, for example, preferences, characteristics, predispositions, and behavior.
 Characteristics of Protected Classifications, for example, gender, race, and ethnicity.

Why We Transfer Your Personal Data as a
Controller
We may sell, share, or otherwise disclose your personal data to third parties for crosscontext behavioral advertising, targeted advertising, or in exchange for monetary or other valuable consideration.

We do disclose personal data in the normal course of operating the Tyler Platform. This means we may disclose your personal data with sub-processors or service providers to facilitate the provision of services we provide to our Clients. We may also disclose your personal data if we believe it’s necessary to comply with applicable laws or protect Tyler, our Clients, our users or employees. Each disclosure is limited to the purpose described below:
 Tyler Clients and their end users, as necessary to provide the services or products they have purchased.
 Service providers that assist with the operation of the Tyler Platform and allow us to provide services to Tyler Clients. Information shared with these service providers, as well as information that they collect on our behalf, is limited to what is necessary for providing their services and is safeguarded under contractual obligations that protect the information and limit its use to purposes that we allow.  Tyler affiliates and subsidiaries that support Tyler Platform operations, development, customer support, and internal administration.  Tyler, our service providers or Tyler Clients may disclose specific individual information if we or they reasonably believe it is necessary to: (i) comply with applicable law; (ii) protect or defend the rights, property and interests of Tyler, our employees, or the interests of our third party service providers and partners; or (iii) under exigent circumstances, to protect the personal safety of our users and customers, or the public.
 Independent third parties may also collect and process your information, such as the payment providers you use when you facilitate a payment using a Tyler product or service, social media platforms you use to login to the Tyler Platform via a social Exhibit E
5 media account, or business sponsors or attendees when you register for or attend a webinar, event, or conference. These third parties will process your information independently in accordance with their own privacy notices.  Tyler engages marketing service providers to assist with the advertising and marketing of our business and performing business analytics.

Your Privacy Rights
We want you to feel comfortable with how we collect, use, and share your personal data.

You have privacy rights under your states laws if you are a resident of one of the following states: California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, Virginia. Depending on which of the previously mentioned states you are a resident, your state laws may entitle you to some or all of the following privacy rights: (i) erase or delete all or some of your personal data; (ii) change, update, or correct your personal data; (iii) restrict how we use all or some of your personal data, for example, opting out of targeted advertising, profiling, or automated decision making; (iv) access your personal data and, where applicable and feasible, request to receive that personal data in a commonly used electronic format (or ask for this information to be provided in that format to a third party); (v) disclose what personal data we collect, use, or share, and to whom; (vi) request that we stop sharing your personal data with third parties for certain purposes; (vii) appeal a refusal of your privacy request and, if unresolved, lodge a complaint with the relevant privacy or data-protection authority; or (viii) not be retaliated against for exercising any of these rights.

Country Specific Information
Certain countries where Tyler operates or where individuals live with whom Tyler interacts through the Tyler Platform for Tyler’s own business purposes have enacted legislation that provides their residents with certain rights with respect to businesses’ collection, use, and disclosure of residents’ personal data. For more information about a particular jurisdiction, please see our country-specific notices below.

Notice to Residents of Australia
Notice to Residents of the Bahamas
Notice to Residents of Bermuda
Notice to Residents of Brazil
Notice to Residents of Canada
Notice to EU, EEA, and UK Residents
Notice to Residents of India
Exhibit E
6 Notice to Residents of Mexico
Notice to Residents of the Philippines
Data Retention
We will retain your personal information for the length of time needed to fulfill the purposes outlined above, or for as long as the Tyler Client for which we are providing services directs us to retain it, unless you request that we delete your personal data and we honor such request, or a longer retention period is required or permitted by law, for the establishment, exercise and defense of a legal claim.

Children
Except in limited circumstances as part of a specific educational opportunity programs Tyler operates, including but not limited to the Maine App Challenge, the Tyler Platform is not directed to persons under the age of eighteen (18), and we do not knowingly collect, request, or use personal data of children without parental permission. Aside from the aforementioned instances, we do not have actual knowledge that we sell to or share with third parties, the personal data of individuals under 18 years of age. If we become aware that a child under 18 has provided us with personal data without parental consent, we will take steps to delete the information as soon as possible. If you believe that your child under the age of 18 has submitted personal data to Tyler, please contact us at [email protected].

Contact Us
If you have any questions regarding our Privacy Statement or the use of your personal data, please feel free to contact our Privacy Team:

Email: [email protected]
Phone: 1-800-772-2260, Option 7
Mail: Tyler Technologies, 5101 Tennyson Pkwy, Plano, TX 75024 This Privacy Statement is effective July 1, 2025.

Exhibit G
1 Exhibit F
Tyler PCI Compliance Attestation as of December 2024
Payment Card Industry Data Security Standard, Attestation of Compliance for Report on Compliance – Service Providers for Tyler Technologies, Assessment End Date: December 195h, 2024

ON FOLLOWING PAGE

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Exhibit G
2 Exhibit G
Data Protection and Information Security
This Data Protection and Information Security Exhibit (“Exhibit”) is an attachment to the Agreement and sets forth the data protection and information security requirements of CITY OF NEWARK. This Exhibit includes by reference the terms and conditions of the Agreement. In the event of any inconsistencies between this Exhibit and the Agreement, the parties agree that the terms and conditions of the Exhibit will prevail. Throughout the term of the Agreement and for as long as Vendor controls, possesses, stores, transmits, or processes Confidential Information as part of the Services provided to CITY OF NEWARK, Vendor will comply with the requirements set forth in this Exhibit. A breach by Vendor of a material obligation under this Exhibit may be deemed a material breach under the Agreement subject to the dispute resolution provisions set forth in Section G(2) of the Agreement.

1. Definitions
“Authorized Personnel” for the purposes of this Exhibit, means Vendor’s employees or subcontractors who:
(i) have a need to receive or access Confidential Information or Personal Information to enable Vendor to perform its obligations under the Agreement; and (ii) are bound in writing with Vendor by confidentiality obligations sufficient for the protection of Confidential Information and Personal Information in accordance with the terms and conditions set forth in the Agreement and this Exhibit. “Common Software Vulnerabilities” (CSV) are application defects and errors that are commonly exploited in software. This may include but is not limited to:
(i) The CWE/SANS Top 25 Programming Errors – see http://cwe.mitre.org/top25/ and http://www.sans.org/top25-software-errors/
(ii) The Open Web Application Security Project’s (OWASP) “Top Ten Project” – see http://www.owasp.org
“Confidential Information” is as defined in the Agreement, and includes Personal Information; provided that, Personal Information shall remain Confidential Information even if at the time of disclosure or collection, or later, it is or becomes known to the public on account of an unauthorized disclosure. “Industry Standards” mean generally recognized industry standards, best practices, and benchmarks including but not limited to:
(i) Payment Card Industry Data Security Standards (“PCI DSS”) – see http://www.pcisecuritystandards.org/
(ii) National Institute for Standards and Technology – see http://csrc.nist.gov/ (iii) ISO / IEC 27000-series – see http://www.iso27001security.com/ (iv) COBIT 5 – http://www.isaca.org/cobit/
(v) Cyber Security Framework – see http://www.nist.gov/cyberframework/ (vi) Cloud Security Alliance – see https://cloudsecurityalliance.org/ (vii) Other standards applicable to the services provided by Vendor to CITY OF NEWARK “Information Protection Laws” mean all state and federal laws, standards, guidelines, policies, regulations and procedures applicable to Services provided by Vendor to CITY OF NEWARK under the Agreement pertaining to data security, confidentiality, privacy, and breach notification. “Personal Information” also known as Personally Identifiable Information (PII), is information of CITY OF NEWARK customers, employees and subcontractors which is protected by applicable Information Protection Laws, gathered or used by Vendor that can be used on its own or combined with other information gathered or used by Vendor to identify, contact, or locate a person, or to identify an individual or his or her device in context. Examples of Personal Information include name, social security number or national identifier, biometric records, driver’s license number, device identifier, IP address, MAC address, either alone or when combined with other personal or identifying information which is linked or linkable to a Exhibit G
3 specific individual or device, such as date and place of birth, mother’s maiden name, etc. Personal Information might also be defined under applicable state or federal law in the event of a Security Incident. “Security Incident” is any actual, confirmed occurrence of:
(i) Unauthorized access, use, alteration, disclosure, loss, theft of, or destruction of Confidential Information or the systems / storage media containing Confidential Information
(ii) Unauthorized use of, or unauthorized access to, Vendor’s systems which process, store, or maintain Confidential Information
(iii) Inability to access Confidential Information or Vendor systems as a result of a Denial of Service (DOS) or Distributed Denial of Service (DDOS) attack (iv) Loss of Confidential Information due to a breach of security of Vendor’s systems “Security Vulnerability” is an application or operating system flaw (including but not limited to associated process, computer, device, network, or software weakness) that can be exploited resulting in a Security Incident.

2. Roles of the Parties and Compliance with Information Protection Laws As between CITY OF NEWARK and Vendor, CITY OF NEWARK shall be the principal and Vendor shall be its agent with respect to the collection, use, processing and disclosure of all Confidential Information.

The Parties shall comply with their respective obligations as the principal (e.g., data owner/controller/covered entity) and agent (e.g., data processor/business associate/trading partner) under all applicable Information Protection Laws. The Parties acknowledge that, with respect to all Confidential Information processed by Vendor for the purpose of providing the Services under this Agreement:
a) CITY OF NEWARK shall determine the scope, purpose, and manner in which such Confidential Information may be accessed or processed by Vendor, and Vendor shall limit its access to or use of Confidential Information to that which is necessary to provide the Services, comply with applicable laws, or as otherwise directed by CITY OF NEWARK; b) Each party shall be responsible for compliance with applicable Information Protection Laws in accordance with their respective roles; and
c) Vendor and CITY OF NEWARK shall implement the technical and organizational measures specified in this Exhibit and any additional procedures agreed upon pursuant to a Statement of Work (“SOW”) to protect Confidential Information against unauthorized use, destruction or loss, alteration, disclosure or access.

3. General Security Requirements
Vendor will have an information security program that has been developed, implemented and maintained in accordance with one or more Industry Standards. At a minimum, Vendor’s information security program will include, but not be limited to, the following elements:

3.1 Information Security Program Management. Vendor will have or assign a qualified member of its workforce or commission a reputable third-party service provider to be responsible for the development, implementation and maintenance of Vendor’s enterprise information security program.

3.2 Policies and Standards. To protect CITY OF NEWARK Confidential Information, Vendor will implement and maintain reasonable security that complies with applicable Information Protection Laws and meets data security industry standards.
a) Security Policies and Standards. Vendor will maintain formal written information security policies and standards that:
(i) Define the administrative, physical, and technological controls to protect the confidentiality, integrity, and availability of Confidential Information, and Vendor systems (including mobile devices) used in providing Services to CITY OF NEWARK
Exhibit G
4 (ii) Encompasses secure access, retention, and transmission of Confidential Information (iii) Provide for disciplinary or other appropriate action in the event of violation of policy by employees or Vendor subcontractors and vendors who have access to the Confidential Information
(iv) Prohibit unauthorized access by Vendor’s employees and subcontractors to CITY OF NEWARK data, CITY OF NEWARK systems, and Vendor systems, including access by Vendor’s terminated employees and subcontractors
(v) Employ the requirements for assessment, monitoring and auditing procedures to ensure Vendor is compliant with the policies
(vi) Conduct an annual assessment of the policies, and upon CITY OF NEWARK written request, provide attestation of compliance. Provision by Vendor of its third-party SOC 1 and SOC 2 reports as described in Section B(6.1) of the Agreement shall be deemed sufficient to meet this obligation.
b) Upon receipt of written request from CITY OF NEWARK, but no more frequently than annually, Vendor will identify to CITY OF NEWARK all third-party vendors (including those providing subcontractors to Vendor) involved in the provision of the Services to CITY OF NEWARK, and will specify those third-party vendors that will have access to Confidential Information.

3.3 Security and Privacy Training. Vendor, at its expense, will provide industry standard data security and data privacy training to new and existing employees and subcontractors. t. Ongoing training is to be provided at least annually

3.4 Access Control. Vendor will ensure that CITY OF NEWARK Confidential Information will be accessible only by Authorized Personnel after appropriate user authentication and access controls (including but not limited to two-factor authentication) that satisfy the requirements of this Exhibit. Each Authorized Personnel shall have unique access credentials and shall receive training which includes a prohibition on sharing access credentials with any other person. Vendor should maintain access logs relevant to CITY OF NEWARK Confidential Information for a minimum of six (6) months or other mutually agreed upon duration.

3.5 Data Backup. The parties shall agree in an SOW or other document upon the categories of CITY OF NEWARK Confidential Information that are required to be backed up by Vendor. Unless otherwise agreed to in writing by CITY OF NEWARK, backups of CITY OF NEWARK Confidential Information shall reside solely in the United States.
a)
b)

3.6 Business Continuity Planning (BCP) and Disaster Recovery (DR). Vendor will maintain an appropriate business continuity and disaster recovery plan to enable Vendor to adequately respond to, and recover from business interruptions involving CITY OF NEWARK Confidential Information or services provided by Vendor to CITY OF NEWARK.
a) At a minimum, Vendor will test the BCP & DR plan annually, in accordance with Industry Standards, to ensure that the business interruption and disaster objectives set forth in this Exhibit have been met and will promptly remedy any failures.
b) In the event of a business interruption that activates the BCP & DR plan and materially affects the Services or CITY OF NEWARK’S access to or use of Confidential Information of CITY OF NEWARK, Vendor will notify CITY OF NEWARK’s designated Security Contact as soon as possible.
c)

3.7 Network Security. Vendor agrees to implement and maintain network security controls with respect to Vendor’s network that conform to Industry Standards including but not limited to the following:

Exhibit G
5 a) Firewalls. Vendor will utilize firewalls to manage and restrict inbound, outbound and internal network traffic to only the necessary hosts and network resources. b) Network Architecture. Vendor will appropriately segment its network to only allow authorized hosts and users to traverse areas of the network and access resources that are required for their job responsibilities.
c) Demilitarized Zone (DMZ). Vendor will ensure that publicly accessible servers are placed on a separate, isolated network segment typically referred to as the DMZ. d) Wireless Security. Vendor will ensure that its wireless network(s) only utilize strong encryption, such as WPA2.
e) Intrusion Detection/Intrusion Prevention (IDS/IPS) System – Vendor will have an IDS and/or IPS in place designed to detect inappropriate, incorrect, or anomalous activity and determine whether Vendor’s computer network and/or server(s) have experienced an unauthorized intrusion.

3.8 Application and Software Security. Vendor, should it provide software applications or Software as a Service (SaaS) to CITY OF NEWARK, agrees that its information security policies and standards are designed to protect its product(s) from Common Software Vulnerabilities and, at a minimum, incorporate the following:
a) Malicious Code Protection. Vendor’s software development processes and environment are designed to protect against malicious code being introduced into its software applications(s), future releases and/or updates.
b) Application Level Security. Vendor will conduct static application vulnerability scans on the application(s) software provided to CITY OF NEWARK for each major code release or at the time of contract renewal. Testing is conducted in alignment with current industry standard practices covered by NIST, The OWASP Testing Guide and PTES.
c) Vulnerability Management. During the term and in accordance with the Agreement, Vendor agrees to provide, maintain and support its software and subsequent updates, upgrades, and bug fixes such that the software is, and remains secure from Common Software Vulnerabilities. d) Logging. Vendor software that controls Vendor access to Confidential Information must log and track all Vendor access to the Confidential Information. e) Updates and Patches. Vendor agrees to promptly apply updates and patches to remediate Security Vulnerabilities that are exploitable. Upon CITY OF NEWARK’s request, Vendor shall provide information on remediation efforts of known Security Vulnerabilities.

3.9 Data Security. Vendor agrees to preserve the confidentiality, integrity and accessibility of CITY OF NEWARK Confidential Information with administrative, technical and physical measures that conform to Industry Standards. Unless otherwise agreed to in writing by CITY OF NEWARK, Vendor agrees that any and all CITY OF NEWARK Confidential Information will be stored, and maintained solely on designated systems located in the continental United States. Additionally:
a) Encryption. Vendor agrees that all CITY OF NEWARK sensitive Personal Information will be encrypted with industry standard encryption protocols. Encryption will be utilized in the following instances:
• CITY OF NEWARK Confidential Information and Personal Information will be stored on any portable computing device or any portable storage medium. • CITY OF NEWARK Confidential Information and Personal Information will be transmitted or exchanged over a public network.
b) Data Segregation. Vendor will segregate CITY OF NEWARK Confidential Information and Personal Information from Vendor’s data and from the data of Vendor’s other customers or third parties.

3.10 Data Re-Use. Vendor agrees that any and all Confidential Information exchanged shall be used expressly and solely for the purposes enumerated in the Agreement. Confidential Information shall not be distributed, repurposed or shared across other applications, environments, or business units of Vendor. Except as otherwise necessary or required to provide the Services under the Agreement, Vendor further agrees that no Confidential Information of any kind shall be transmitted, exchanged or Exhibit G
6 otherwise passed to other parties except on a case-by-case basis as specifically agreed to in writing by CITY OF NEWARK.

3.11 Data Destruction and Data Retention. Upon expiration or termination of this Agreement or upon CITY OF NEWARK’s written request, Vendor and its Authorized Personnel will promptly return to CITY OF NEWARK all CITY OF NEWARK Confidential Information and/or within 90 days of expiration or termination, securely destroy CITY OF NEWARK Confidential Information. At a minimum, destruction of data activity is to be performed according to the standards enumerated by the National Institute of Standards, Guidelines for Media Sanitization - see http://csrc.nist.gov/ or equivalent data destruction protocols. If destroyed, a duly authorized staff member of Vendor must certify to CITY OF NEWARK in writing within ten (10) business days after receiving a written request from CITY OF NEWARK all destruction of CITY OF NEWARK Confidential Information. If Vendor is required to retain any CITY OF NEWARK Confidential Information or metadata to comply with a legal requirement, Vendor shall provide notice to both the general notice contact in the Agreement as well as CITY OF NEWARK’s designated Security Contact.

3.12 Upon request Vendor will provide any relevant third party assessment reports such as SOC 2, or PCI DSS Report on Compliance.

3.13 4. Security Incident / Data Breach

4.1 Security Contact. The individuals identified below shall serve as each party’s designated Security Contact for security issues under this Agreement.

CITY OF NEWARK Security Contact:

Edwin J. Miranda, CIO, [email protected], 510-513-3829 cell Vendor Security Contact:

Name: Use New World ERP Client Support
New World ERP Support | Tyler Technologies
Address: _________________________
_________________________
Phone: _877.734.3315________________________

4.2 Requirements. Vendor will take commercially reasonable actions to protect CITY OF NEWARK Confidential Information maintained by Vendor against reasonably anticipated Security Incidents, including but not limited to:
(i) Vendor’s systems related to the provision of Services are continually monitored to detect evidence of a Security Incident
(ii) Vendor has a Security Incident response process to manage and to take corrective action for any suspected or realized Security Incident
(iii) Upon request Vendor will provide CITY OF NEWARK with a summary of its Security Incident policies and procedures. A copy of the table of contents of the Security Incident Response Plan shall be deemed a sufficient summary for purposes of this requirement. If a Security Incident affecting CITY OF NEWARK Confidential Information occurs, Vendor, at its expense and in accordance with applicable Information Protection Laws, will immediately take action to prevent the continuation of the Security Incident.

Exhibit G
7 4.3 Notification. Within seventy-two (72) hours of Vendor’s confirmation of a Security Incident affecting CITY OF NEWARK’S Confidential Information, or other mutually agreed upon time period, Vendor will notify CITY OF NEWARK of the incident, either by calling by phone the CITY OF NEWARK Security Contact(s) listed above or by such other communication channel reasonably anticipated to notify CITY OF NEWARK.

4.4 Investigation and Remediation. Upon Vendor’s detection of a Security Incident, Vendor will promptly contain the Security Incident, preserve evidence for investigation purposes and implement remediation measures. Vendor shall be responsible for leading the investigation of the Security Incident, and CITY OF NEWARK shall cooperate with Vendor to the extent reasonably requested by Vendor. Vendor may engage qualified third-party forensic investigators or security experts to assist with its response to Security Incidents, subject to appropriate confidentiality obligations.

Vendor and CITY OF NEWARK will reasonably cooperate, in any investigation of a Security Incident, implementation of remediation measures, and communication with affected individuals, regulatory authorities and the media. If a Security Incident is caused by Vendor’s gross negligence or willful misconduct, Vendor will reimburse CITY OF NEWARK for actual, direct, reasonable costs required by applicable law to be incurred by CITY OF NEWARK in responding to, and mitigating damages caused by any Security Incident, including all costs of notice and remediation which CITY OF NEWARK is required by law to undertake. Vendor will, at Vendor’s own expense, provide CITY OF NEWARK with all information necessary for CITY OF NEWARK to comply with its data breach recordkeeping, reporting and notification requirements pursuant to Information Protection Laws. Vendor will use reasonable efforts to prevent a recurrence of any such Security Incident. Additionally, if a Security Incident is caused by Vendor’s gross negligence or willful misconduct, Vendor will provide (or reimburse CITY OF NEWARK) for one (1) year of complimentary access for one (1) credit monitoring service, credit protection service, credit fraud alert and/or similar services as are required by applicable Information Protection Laws to protect affected individuals in light of risks posed by a Security Incident.

Vendor’s liability under this paragraph for Security Incidents is subject to the limitation of liability provisions set forth in the Agreement.

4.5 Reporting. Vendor will provide CITY OF NEWARK with a final written incident report promptly after resolution of a Security Incident or upon determination that the Security Incident cannot be sufficiently resolved.

5. Confidential Information or Personal Information

5.1 Authorized Personnel. Vendor will require all Authorized Personnel to meet Vendor’s obligations under the Agreement with respect to Confidential Information or Personal Information. Vendor will remain fully responsible for any act, error, or omission of its Authorized Personnel.

5.2 Handling of Confidential Information or Personal Information. Vendor will:
(i) Keep and maintain all Confidential Information and Personal Information in strict confidence in accordance with the terms of the Agreement (ii) Use and disclose Confidential Information and/or Personal Information solely and exclusively for the purpose for which the Confidential Information or Personal Information is provided pursuant to the terms and conditions of the Agreement.

Vendor will not disclose Confidential Information or Personal Information to any person other than to Authorized Personnel or as required to provide the Services under the Agreement without CITY OF NEWARK’s prior written consent, unless and to the extent required by applicable law, in which case, Vendor will use best efforts to notify CITY OF NEWARK before any such disclosure or as soon thereafter as reasonably possible. In addition, Vendor will not produce any Confidential Information or Personal Information in response to a non-legally binding request for disclosure of such Personal Information.

Exhibit G
8 5.3 Data and Privacy Protection Laws. Vendor and CITY OF NEWARK each agrees that its respective collection, access, use, storage, disposal, and disclosure of Personal Information complies with all applicable Information Protection Laws, as well as all other applicable regulations and directives.

6. Third Party Security

6.1 Vendor will conduct thorough due diligence on any third parties which materially impact Vendor’s ability to provide the products and/or Services to CITY OF NEWARK as described in the Agreement.

6.2 Vendor will not outsource to unaffiliated third-parties any work directly related to the products or the Services provided to CITY OF NEWARK in countries outside the United States of America, which have not been disclosed in the Agreement or without prior written notice to CITY OF NEWARK Legal and Information Security. Notwithstanding the foregoing, work related to products or Services provided to CITY OF NEWARK may be performed by Vendor’s wholly owned subsidiaries in countries outside of the United States of America without further notice to CITY OF NEWARK. a)

7. Changes
In the event of any change in CITY OF NEWARK’s data protection or privacy obligations due to legislative or regulatory actions, , Vendor will work in good faith with CITY OF NEWARK to promptly amend this Exhibit accordingly.
y
t I er
technologies

LICENSE AND SERVICES AGREEMENT
This License and Services Agreement is made between Tyler Technologies, Inc. and Client.

WHEREAS, Client selected Tyler to license the software products and perform the services set forth in the Investment Summary and Tyler desires to perform such actions under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:

SECTION A — DEFINITIONS
Agreement" means this License and Services Agreement.

Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.

Client" means City of Newark, California.

Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent, subject to any Future Functionality.

Developer" means a third party who owns the intellectual property rights to Third Party Software.

Documentation" means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self- help documentation.

Effective Date" means the date on which your authorized representative signs the Agreement.

Force Majeure" means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us.

Future Functionality" means the functionality of the Tyler Software that may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then -current Documentation.

Investment Summary" means the agreed upon cost proposal for the software, products, and services attached as Exhibit A.

Invoicing and Payment Policy" means the documented invoicing and payment policy attached as Exhibit B.

Maintenance and Support Agreement" means the terms and conditions governing the provision of maintenance and support services to Client attached as Exhibit C.

Statement of Work" means the industry standard implementation plan describing how Tyler' s professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit D.

Support Services Process" means the support channels and methods applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Services Process is attached as Schedule 1 to Exhibit C.
tyler
Third Party Hardware" means the Third Party Hardware, if any, identified in the Investment Summary.

Third Party Products" means the Third Party Software and Third Party Hardware.

Third Party Services" means the Third Party Services, if any, identified in the Investment Summary.

Third Party Software" means the Third Party Software, if any, identified in the Investment Summary.

Third Party Terms" means, if any, the end user license agreement( s) or similar terms for the Third Party Software and attached as Exhibit E, if applicable.

Tyler" means Tyler Technologies, Inc., a Delaware corporation.

Tyler Software" means Tyler' s proprietary software, including any integrations, custom modifications, and/ or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
we", " us", " our" and similar terms mean Tyler.
you" and similar terms mean Client.

SECTION B — SOFTWARE LICENSE

1. License Grant and Restrictions.

1. 1 We grant to you a license to use the Tyler Software for your internal business purposes only, in the scope of the internal business purposes disclosed to us as of the Effective Date. You may make copies of the Tyler Software for backup, testing, training and development purposes, so long as such copies are not used in production and the testing, training and development is for internal use only. Your rights to use the Tyler Software are perpetual but may be revoked if you do not comply with the terms of this Agreement.

1. 2 The Documentation is licensed to you and may be used and copied by your employees for internal, noncommercial reference purposes only.

1. 3 You may not: ( a) transfer or assign the Tyler Software to a third party; ( b) reverse engineer, decompile, or disassemble the Tyler Software; ( c) rent, lease, lend, or provide commercial hosting services with the Tyler Software; or ( d) publish or otherwise disclose the Tyler Software or Documentation to third parties. Notwithstanding the foregoing, the Client' s consultants, contractors, and business partners may access the Tyler Software under the Client' s direction to the extent required for them to provide services to the Client. Any such use by, or disclosure to, said third parties is strictly subject to the terms and conditions of this Agreement. Client shall be liable for any failure of a third party gaining access to the Tyler Software or Documentation to abide by the terms and conditions of this Agreement.

1. 4 The license terms in this Agreement apply to updates and enhancements we may provide to you or make available to you through your Maintenance and Support Agreement.

1. 5 The right to transfer the Tyler Software to a replacement hardware system is included in your license.

You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer.

1. 6 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PC[ DSS compliant and have performed the necessary steps to validate compliance with the PC[ DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at e N: tyler,
https:// www. tylertech. com/ about- us/ compliance, and in the event of any change in our status, will comply with applicable notice requirements. Should the compliance standards change, we will make every effort to come into compliance within a commercially reasonable period of time.

1. 7 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and Documentation are protected by copyright and other intellectual property laws and treaties. We own the title, copyright, and other intellectual property rights in the Tyler Software and the Documentation.

The Tyler Software is licensed, not sold.

License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary.

Those amounts are payable in accordance with our Invoicing and Payment Policy, attached hereto as Exhibit B.

3. Escrow. We maintain an escrow agreement with a third party under which we place the source code for each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by completing a standard beneficiary enrollment form and paying the annual beneficiary fee set forth in the Investment Summary. You will be responsible for maintaining your ongoing status as a beneficiary, including payment of the then -current annual beneficiary fees. Release of source code for the Tyler Software is strictly governed by the terms of the escrow agreement.

4. Limited Warranty. We warrant that the Tyler Software will be without Defect( s) as long as you have a Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the Maintenance and Support Agreement.

SECTION C — PROFESSIONAL SERVICES
Services. We will provide you the various implementation - related services itemized in the Investment Summary and described in our industry standard implementation plan and the mutually agreed upon Statement of Work, attached hereto as Exhibit D.

2. Professional Services Fees. You agree to pay us the undisputed professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy, attached hereto as Exhibit B. You acknowledge that the fees stated in the Investment Summary are good -faith estimates of the amount of time and materials required for your implementation.

We will bill you the actual fees incurred based on the in -scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.

Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/ or integration and/ or interface estimates) required for the project based on our understanding of the specifications you supplied and as outlined in the Statement of Work. If additional work is required, or if you request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty ( 30) days from the date of the quote. The addendum or change order must be mutually agreed to and signed by an authorized signatory of each party before additional services commence.

4. Client Cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging w6< tyler
p
travel reservations, at least two ( 2) weeks in advance of commitments. Therefore, if you cancel services less than two ( 2) weeks in advance ( other than for Force Majeure or breach by us), you will be liable for all ( a) non- refundable expenses incurred by us on your behalf, and ( b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two ( 2) weeks of scheduled commitments.

5. Tyler Cancellation. If Tyler cancels services within two ( 2) weeks of their commitment to be onsite with Client ( other than for Force Majeure or breach by Client), Tyler will be liable for all of Tyler' s costs associated with such cancellation, including non- refundable expenses. Such cancellations will be monitored closely by Client Project Manager( s) who will reserve the right to request renumeration of Tyler for continued disruption of Client' s daily work activity and Project planning.

Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re - perform such services at no additional cost to you.

7. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. You further agree to provide a reasonably suitable environment, location, and space for the installation of the Tyler Software and any Third Party Products, including, without limitation, sufficient electrical circuits, cables, and other reasonably necessary items required for the installation and operation of the Tyler Software and any Third Party Products.

8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation -related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance ( either through action or omission).

SECTION D — MAINTENANCE AND SUPPORT
This Agreement includes the period of free maintenance and support services identified in the Invoicing and Payment Policy. If you have purchased ongoing maintenance and support services, and continue to make timely payments for them according to our Invoicing and Payment Policy, we will provide you with maintenance and support services for the Tyler Software under the terms of our Maintenance and Support Agreement, attached hereto as Exhibit C.

If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the Maintenance and Support Agreement does not apply to you. Instead, you will only receive ongoing maintenance and support on the Tyler Software on a time and materials basis. In addition, you will:
i) receive the lowest priority under our Support Services Process; ii) be required to purchase new releases of the Tyler Software, including fixes, enhancements and patches;
xtyler sz..
iii) be charged our then -current rates for support services to account for your lack of ongoing training on the Tyler Software;
iv) be charged for a minimum of two ( 2) hours of support services for every support call; and v) not be granted access to the support website for the Tyler Software or the Tyler Community Forum.

SECTION E — THIRD PARTY PRODUCTS
To the extent there are any Third Party Products set forth in the Investment Summary, the following terms and conditions will apply:

1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.

2. Third Party Software. Upon payment in full of the Third Party Software license fees, you will receive a nontransferable license to use the Third Party Software and related documentation for your internal business purposes only. Your license rights to the Third Party Software will be governed by the Third Party Terms.

2. 1 We will install onsite the Third Party Software. The installation cost is included in the installation fee in the Investment Summary.

2. 2 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party Software, you will be required to pay such additional future fee.

2. 3 The right to transfer the Third Party Software to a replacement hardware system is governed by the Developer. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer.

3. Third Party Products Warranties.

3. 1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software.

3. 2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware,

3. 3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.

4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third -party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy,

5. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report Defects and other issues related to the Third Party Software directly to us, and we will ( a) directly address the Defect or issue, to the extent it relates to our interface with the Third Party Software; and/ or (b) facilitate resolution with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in effect with us, you will be responsible for resolving Defects and other issues related to the Third Party fikrc, tyler
Software directly with the Developer.

SECTION F — INVOICING AND PAYMENT; INVOICE DISPUTES

1. Invoicing and Payment. We will invoice you for all fees set forth in the Investment Summary per our Invoicing and Payment Policy, attached hereto as Exhibit B, subject to Section F( 2).

2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail ofthe issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount( s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within thirty (30) days of notice of our intent to do so.

SECTION G — TERMINATION

1. For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section 1( 3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty ( 30) day window set forth in Section 1( 3). In the event of termination for cause, you will pay us for all undisputed fees and expenses related to the software, products, and/ or services you have received, or we have incurred or delivered, prior to the effective date of termination.

2. Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase, lease, operate, or maintain the software or services set forth in this Agreement, you may unilaterally terminate this Agreement effective on the final day of the fiscal year through which you have funding. You will make every effort to give us at least thirty ( 30) days written notice prior to a termination for lack of appropriations. In the event of termination due to a lack of appropriations, you will pay us for all undisputed fees and expenses related to the software and/ or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section F( 2) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and otherfees.

Force Maieure. Neither party will be liable, you or we may terminate this Agreement if a Force Majeure event suspends performance of scheduled tasks for a period of forty- five ( 45) days or more. In the event of termination due to Force Majeure, you will pay us for all undisputed fees and expenses related to the software and/ or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section F( 2) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and other fees.

SECTION H — INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE

1. Intellectual Property Infringement Indemnification.

1. 1 We will defend you against any third party claim( s) that the Tyler Software or Documentation infringes that third party' s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment ( or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

1. 2 Our obligations under this Section H( 1) will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software, and we provided notice of that requirement to you; ( b) combining the Tyler Software with any product or device not provided, contemplated, or approved by us; ( c) altering or modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; ( d) use of the Tyler Software in contradiction of this Agreement, including with non -licensed third parties; or (e) willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim.

1. 3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we will diligently seek an appropriate remedy that may include, at our expense, the following non -exhaustive list of options: ( a) procure for you the right to continue its use; ( b) modify it to make it non -infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.

1. 4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment ( or settlement to which we consent), we will, at our option, either: ( a) procure the right to continue its use; b) modify it to make it non -infringing; (c) replace it with a functional equivalent; or (d) terminate your license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straightline basis measured over seven ( 7) years from the Effective Date. We will pursue those options in the order listed herein. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.

2. General Indemnification.

2. 1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses ( including reasonable attorney' s fees and costs) for ( a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or ( b) our violation of PCI DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

2. 2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, 1 officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses ( including reasonable attorney' s fees and costs) for personal injury or property damage caused by your sole negligence or willful misconduct; or ( b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.

3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES

AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY

IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR

LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF

CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED TWO TIMES ( 2X) THE TOTAL POSSIBLE MAXIMUM ONE- TIME FEES OF 518, 260 SET FORTH IN THE INVESTMENT SUMMARY. THE PARTIES ACKNOWLEDGE AND AGREE THAT

THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY

AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN

DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS H( 1) AND H( 2).

5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: ( a) Commercial General Liability of at least $ 1, 000, 000; ( b) Automobile Liability of at least $ 1, 000,000; (c) Professional Liability of at least $ 1, 000,000; ( d) Workers Compensation complying with applicable statutory requirements; and ( e) Excess/ Umbrella Liability of at least $ 5, 000, 000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/ Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.

SECTION I — GENERAL TERMS AND CONDITIONS
Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for thirty- six ( 36) months from the Effective Date, and thereafter at our then - current list price, by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those thirty- six ( 36) months have expired, you may purchase additional products and services at our then -current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase( s), unless otherwise specifically provided in the addendum.

2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for thirty- six ( 36) months from the Effective Date.

3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty ( 30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties may participate in non -binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.

4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax- exempt entity, you agree to provide us with a tax- exempt certificate.

Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes.

If you have a valid direct -pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.

Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual' s ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.

6. E- Verify. We have complied, and will comply, with the E- Verify procedures administered by the U. S.

Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.

7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.

8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor( s) or permitted assign( s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.

9. Force Maieure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten ( 10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.

10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us.

No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.
i tyler
s

11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.

12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.

13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non -enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non -enforcement prevent such party from enforcing each and every term of this Agreement thereafter.

14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.

15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: ( a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; ( c) upon receipt by sender of proof of email delivery; or ( d) if not actually received, five ( 5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.

16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.

17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information ( e. g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
b) a party can establish by reasonable proof was in that party' s possession at the time of initial disclosure;
c) a party receives from a third party who has a right to disclose it to the receiving party; or d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive e
10 an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.

18. Business License. We shall obtain any applicable, legally -required business licenses from the City of Newark.

19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its rules on conflicts of law.

20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.

21. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the righl to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.

22. Contract Documents. This Agreement includes the following Exhibits:

Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Maintenance and Support Agreement
Schedule 1: Support Services Process
Exhibit D Statement of Work
IN WITNESS WHEREOF, a duly authorized representative of eaT party as ecuted this Agreement as of the dates) set forth below.

Tyler Technologies, Inc. City of N
D
By: / l 1U, y.

Robert Kennedy -Jens
Name: N e: Da
Title: Director of Contracts
Title: Cit
Date: July 31, 2019
Address for Notices:

Tyler Technologies, Inc.

One Tyler Drive
Yarmouth, ME 04096
Attention: Chief Legal Officer
ger
Date: August 6, 2019
Address for Notices:

City of Newark
37101 Newark Boulevard
Newark, CA 94560
Attention: Finance
P
tyler
11 tyler
technologies
Exhibit A
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
tyler
12 a
LU
C0
L
j
N
y
f6 N
C
Z
ao o ° a
rIj
U - rn U > O
0 C Gl U C
m oEow0
i m E .
o .-+' z'
C.
7 x
O' W • y
CY o
a
4- i >
CM3Ym o
I
G' O Z i
d
C) ( 0 Lei
3 0
vA a m z n
fd
V
41 cC
c
i
m
AW
N Vim' 0a0 0a0 aN O LD
M Cn Ln N
00 Lr rl Lh 00 00 O 00 i0 ,-i N
N
Vi' i9- id4 iPr M- Hi' - b4 ifl- ir4 V} ' ffi VlC) C) C] 0 ttr - b-, - b"
Aftp o 0 o C) o 0 0 0 0 o O
N 00 00 00 00 W N 00 t0 N N N
r-L 00 W CO co CO 0n 00 a) al 01
N
d.

N N N N N N D N 4 Men
Ct O CD 0 0 0 0 CD 0 0 0 O
N N N M 0) CD N M M v- r,4 N
00 +- 1 - 4 - 1 N - 4 N N 1- 1r4
N
lb'- i{r { f} Efl- iA- Wr ifi- ifl- iF,- iFi itr 4A
O Cl O C7 CD C7 O O C) O O
O O O C O O C O O G n t n m Ln n .-I . M-1 00 01 a;
rn
74 if, ifs H} iiT 4Pr - U)- V9- - V- {{} {}} iu)- AnLEnro 0 CU
D0)= C mc
N
fl
7 Ma
c
NM o
m QU
NC
E a)
cu a
M
ma)
cn
C
C1 f0
m V
p O_ U
ii¢
U
C
cm
Cv
E Hd
C
u m = O E c
Z'_
oo
m 41 LUl1
U uL O
U 0 Q '
lb ( n d M MEpfO fLII foCm =
Ln ULPQL C U Ln Q ii
a` C J m F- a 0 LLi LLi m
a
Qn
C O
O ? j
a i LLo 3
C N z
D NO C:)
Z
N
4 o m
U " D rn U > O
i, 0 c w i c
m O E . 40) O
a C i Z 7 a
x = Z v
d W 4) y
U =
d
0 CY O
CY
d
w L.
o 3mY
0 ( v ( f6
C:)
O' Oz 00
U) o fo
3O
cn0mZLi
O O O O O O O O O p
M t0 N 00 V- t0 tD O M
N M M rl m M M v- m iY1 N N N ,- i .--i O •-- i
corl
ip, V- V+ V- V, V3- il,- V)- ilk
0 o
O
o O
O
00N
ri
V" - ulr - W
O O O O O O O O Q p
O N M N N N N p
0o rn ao rn rn rn a+ rn rn N
N
M
R,
V} - f.+ Vr V- V} V+ - bp, - 6+ 4A
O tD V- tD t0 tD t0 M M p
N ,-
i N, 4 , 1 , 1 - 4
0 M

O O O O O O O O O O
I N tN0 V- T V- t0
i{T V- } :% i Vi Vi- VP, iPr V} 4A

O O O O O O O O O O

O O O O O O O O O Q

O O O O O O O O O O
M 00 00 I- 6 00 00 0: Di
O
i
V} V- 4A- V)- Vg- V3- Vp, i& V} il)-
i
ti
N
O'
O
aL y
o
dTN O
o
U
m V
O
O
H 41 O
N a_+
cu IA47
UV
u
o a
ai m c E
N u O
UN
2 0 i C c O C c lA Q
7 7 N N O N
Ln
L
CO
O
O
O O
fo 0 O CO O O C tNo
a 2 a w a M- 1 0- H 2 2
O O O O p
N Lr N kor,
I N rNl
O
V+ V- Vt
O
rn rn rn rn p
i
co
d'

1.9- V3- Vr Vr
t0 00 00 00 p
O O O
M t00 000 I
N M rl 1-4
V)- iA- VT Vt V}
O
C C C
Cl
M-i N - 4 M
Ln
AA- Vf V)- Vi iolto
0 UO
EO a°,'
N
a
Q m T L
N
O
a N N
3 7E N
w ww N
co
N
NOl
d
0 0 0
0 0 a a Cl oN No C) C
O
t0 O D
O
Lf) .-+
o
d'
a
o\\ -
U
m +
O .

N (
C
7 CO
ko
p
O'
W
O
41 O
m >
p
Q
C
MUZ
0 Y
Z
rZ
Gl
a)
O
Cr -
AO
j07
0 E•
j
00 O
d
Z
W
a
u
00)
C
3 E
t!
n
N
oMi
O
G
00 1t1
Ch
Ch
vlrytlr
n
N
oMi ~
O _
G
00 =
L
Mm
f
n
o
o
o,
E
E
a
c
o_
a
3 tr°,
V
r
0 V
41 rn
c
f
m _
aci
N
O
C '
n =
o
Cu
c
o
n cn '
m
c
4=
m>
c •>
o
o ,-
0 N :

O
00 rno
clp
57<
c
A
Ec
m
fu
a
O
C
v
Cc
rn
L
EAC
O O
C O
m L0 O O V J
00 I
00 m C U
c C O = ILn Ln a) 1
N
m N 01 Q
LL
i
E } aE.i+
3 Cu
iiF ilk ( n O O U > C O
O le O O O C) C I O m
p N O o Y i
O
a) 41u rn a V
In
N N
N Q> N V w _
c
41 41 o O
m o 0) . 1 , C u i
LL
O> O i OU c

C E C C
rn • o a
IV
d a) o
c
u
c
m@ 0L Z a) () o p
o 0
O •• a..+ Q C
CL
c
Q
c a` aci ~
o f
0 o fO E 3 w
a m " o E
U
a , W o E v
Cu u
A o U m i U T E o
a . c J M i W a H d ¢ U
00 I;r
i O 4 Q
N O
4 CCi u
i >
U V
s3Y N
v
4j O 0 N z
oz
00 0 m
O' C Z i
d Q
U U U
AOD C:) a u
t ` t --. w
Vf U m Z Ln a cn w S-- c S a a
awi
C
j
OC
3) fD m 0) 0)
Z
4 . 1
A
o rlj
O
a
U ko
m U>
O
m
0C0 47C
OE M .O
d
LfoZp m
E C. N
aW
rZ
0) U
CYo
a
a
Er
LL
Xr1
w L.
o3m a
O
aozU00a3
Ln
O
n
inVMz E
EaWML3ZO
N
O
Oo of
i 00 N V
Go
0 LO
le
In fFt
i fPr -
Waa
U) WC1C
76 E
9 m
U0
aH
LnNd
C a
W ~ 4
d
u O ' rz M
L
H' O
c
O
L 4w 0ca Wm m m
o_
n
L'
0 O
O
s
c
3 1) ca
rn rn
z
Ip
d
U "D rn U > O
0c0ic
m 2Emo
y `
ZE C.
d LY •
y IQ
4 U = 4) a a0a
VcmL
w L. R
o3m O z
U I- I
ao
Nr
cna
om
z Ln0
000op
NN tOM
mLMCO M Ln N N 71 ' 1 1p0
iPr fPr EPr <R fii
0o
p
Co
p
o io
pN
ld- - b+ 4to)-
C) v oNo
0ow rn rn
i'+ 4 prMr
MM kowWGo
iPr 4Pr ifs in- 44. O o O O p O C 0 CO G 1 ri 00 Cl) M
itr - b+ -+ - bn- iR
Ez
V) fB V p
c
Qo
N Z. CN 7
7 EE
EUU
aEE
a0
c =
c
c+
V
d
7 O
i
a+s,
Vv- M cr
ic :3o
s
LO
d t7
mpc G1 "o
OOc
OcC of
sa'c
E
Ni0
47 Ec w =
H
G7 0 . GA (n
Em
fa
mcLpO
s
o = N)
Qa L 'O
s >.
m
c
m . E ,cR0
IV
a ca 3-= L m
awy47 w C
W
O
w CL
ca
C
oO aJ N= t m v m 4J 3
a=
0 m a.+
47 cn
y aE,°+' 3°
W
a Lccc di
s cm f° _
m
PaEEo Ln
Ol
a
w
C
j
O
C i
y ( u
C NL
Z -
1 m
7 Ln
0 0 Z E

C M C O
L7 N N w a)
C) p d
u _
i
u
n.

N@
y c k O
D N M • N c
LM ;+
Q pLn 41 Qei c
U l0 Q1 U > O fn rC: f0 m C
m+ c
o
c
0 3 E
O ' oE
y
a fn = E v !E
O
K
Z u \
0 p1 ai
U3
LL, Gl Gl Gl\\\\^ 7
O
n
0 cu E W
O 41 CU 3 o a`U _
aL
a o Z > o Q)
d' d # ai c_ c' cn cO - 0 o
O N ( a. ( V V
d ~
N fN0 N E`
c
y O
fn C) O ff0
i O N +
4 n
C (%
N
N ) 6
C
O
t ( n L _ M 7
i
0 O` ' 0 a
0- v; _ c fn Q
aO.
f0 -m0
VO C 6 N E
Y W ..+ v fU fn N
Ca. 0- E 7 '` C f0
C
y o '(D a H e
3• a" o E cv u- 0 ro Z c 0) O Y r"o
N
t i
N C
n
O
O
41 0
O O •
V Z
a
C)
m . N 3 3 ry 0 c f0 0 3
y
z ai^ s Qaii
CL
E - 0a cn J +
O V) - ate., J
w
V)( n fv
O
n°' _
CL
OL \
oO F- 0 a
o li 3 fn E ` u C)
a'i o
FT 0) g c c
O
C
f0 o 7
U -
a"' N
O . D t fL0 6 i U i e n v
0 a) E N Q 0 x> N
Z 0. < ro
N = 1 41
C N > i 0) =++
0 fn u
o —
D Q)
6i
S a) -I-- f0 o N _ 0 m f0 vU 44 fu
0 W O p1 E E
CO L } I
C
IN
C 0
n O VI I\
O i G
0 ° E
1 O ( U w 4J E
Ea
a)
fno f0W
cu
n
E o ° 3 '_c o- a vn w
o
0 a
v a CY o'
i.
c
N
ro L
u `0 - >
w PsO
a)
ax
s a) -o A UM Z
tn LL F- n a w cn cn b cn H o = a 1O Lu
WOv CU
3 -o
N
MC Zv
v a`
a
w
i
C 0
O
Y 3
rn fT 3 z o
L
O O z E U 0
0 C c
A)
U
O fo O o a 70 c
c
0 r,4 C) N a a) u fZ O c 01
U> O w Ln a) c
fn O aU L O 0 E -
o
ol +
U C f0 - O
m
Ln
M Q E , a 0 O i ffo f0 ffu
fl +' o +' Ln - 0a f_v
0 0 '
CL
Z
u 3 . oLn L
C Q 4' fn D
Or W G7 B 0 0O ( n
j
410
3 1 = w W U C)
d
d
d >
cn
Ln
fop
V
mcs
0cl,
O '
Lnrn
ro
o
c
U
CU
0 a
u
n
L
fu
4'
U
r =
fo
O
E
o
a)
cu
C
s
3 v
a)
a
a .
c
20 t
O
a °
m
fo
C
O
O
N
O
a
aii
c
f1
m
a)
3 cOn
cu
U
C
U
fU
4!
n
ra c CU . S c Ln u
c `
n
O CL = ai.
0 j
C N a) V J
C O +
f0
a1 f1 ALI
N
O N 0 L
a
N
U
f410
ffuiAD ' VI Cn O u0-. fp C
Q1
w cn O
c c 0
Ca. O O
Ln
O
N
a V 3
a vi u t a) V) a
O_
ca... i v
ui ( U
OCL 4 C
CL
U) Q LnLn f0 O U U
a + > C a)
tD i U E O
Q cn LT a) _ U Ln f0 41 ¢
t _ ( 0
U C 41 • d
N +' a)
Q Z O ( V two a .- i= foil +.+
L
a) 0. f1 Ln o
Ln " W E O O aa) w v m 41
W C B o W • L • L
CO
U w =
a
O V U
CU fa to m f0
0- 7 fll C d w - 0 i '+
l
U >`
i X C C fu fd
4J ` O mtU L a-+
m o
CU 41
N O . O . V o
fn fn = a
C ( C m - j o o o
c '
j
cu
Z Q M fn U c a i c N o P a
0 w 4J
U '
a w a w = fn 0 0
fCw c
T O > f o cn fn O c 2 ri > O d Q J N U d S v 7 C O
A U M Z Lrf = O' s _` U w s c : L c>
H fn Ln . f_. fl C ¢ ¢ ¢ --,
C
d
f1
C
O
N
O
fa
O_
U
0 OO
2 FwCfnaO
v
f1Ma
V)
n
Q
E
ffri
CO
t
N
CN
t
N
O
t1 CO CO N fn
O
Q
7 N

C CO XN
oa'
U
Ln
cof 0
to X N
LL U O
O O0 f0
f9
T a) C CO
n
O
E
C C vl 3
V 2 2
O
ate+
tii fL E O
a) T O
O t0 Ol
41 d
0)
0 c
0 mc
n
CO . o 0 0
fn in
7 a
cuE U w=oz
V ' o O i cn c: O lu
to
C J '"'' O O Ln , C a) _
O m tj' ¢ m >` o fc
n
c c aa) a c
x U,
C ( 7 > dLi- Lfn W rl O
4U . rV M Ln , O I% CO O
C,
4 tyler
technologies
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

Invoicing: We will invoice you for the applicable license and services fees in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.

1. Tyler Software.

1. 1 License Fees: License fees are invoiced as follows: ( a) 25% on the Effective Date; ( b) 50% on the earlier of (i) the date of the first onsite planning session for the project or ( ii) sixty ( 60) days after the Effective Date; and ( c) 25% on the earlier of use of the Tyler Software in live production or 12 months after the Effective Date. In the event a scheduled onsite planning session is delayed due to Tyler' s sole failure to perform, the payment due upon such date may be delayed an amount of time equal to the delay so caused

1. 2 Maintenance and Support Fees: Year 1 maintenance and support fees are waived through the earlier of (a) availability of the Tyler Software for use in a live production environment; or ( b) one ( 1) year from the Effective Date. Year 2 maintenance and support fees, at our then -current rates, are payable on that earlier -of date, and subsequent maintenance and support fees are invoiced annually in advance of each anniversary thereof. Your fees for each subsequent year will be set at our then - current rates. The foregoing notwithstanding, increases to your annual maintenance and support fees will be limited as shown below:

Year Increase Limit
2 Zero percent ( 0%) increase over the amounts listed
in the Investment Summary for Year 1 Maintenance
Fees before discount
3 Three percent ( 3%) over the prior year annual fees
4 Three percent (3%) over the prior year annual fees
5 Three percent ( 3%) over the prior year annual fees
6 Three percent ( 3%) over the prior year annual fees
7 Three percent ( 3%) over the prior year annual fees
8 Three percent ( 3%) over the prior year annual fees
9 Three percent ( 3%) over the prior year annual fees
10 1 Three percent ( 3%) over the prior year annual fees

2. Professional Services.

2. 1 Implementation and Other Professional Services ( including training): Implementation and other i tyler
13 professional services ( including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.

2. 2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed -fee services, they will be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.

2. 3 Conversions: Fixed -fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/ Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.

2. 4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification.

You must report any failure of the modification to conform to the specifications within thirty ( 30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in the Maintenance and Support Agreement. Nothing contained in this section is intended to limit Client' s rights under this Agreement, including those related to software warranty and invoice dispute.

2. 5 Other Fixed Price Services: Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. 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 Change Management Services: If you have purchased any change management services, those services will be invoiced in the following amounts and upon the following milestones:

Acceptance of Change Management Discovery Analysis 15%
Delivery of Change Management Plan and Strategy Presentation 10% Acceptance of Executive Playbook 15%
Acceptance of Resistance Management Plan 15%
Acceptance of Procedural Change Communications Plan 10% Change Management Coach Training 20%
Change Management After -Action Review 15%
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, a current copy of which is attached as Exhibit B, 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.
14 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:

Bank: Wells Fargo Bank, N. A.
420 Montgomery
San Francisco, CA 94104
ABA: 121000248
Account: 4124302472
Beneficiary: Tyler Technologies, Inc. — Operating
@ 4tyler
15 f
ty
ler
technologies
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.

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, if charged, 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. tyler
16 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 other ride services such as Uber or Lyft 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 nxtyler
17 separately.

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.

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
Depart after 12: 00 noon
Return Day
Return before 12: 00 noon
Return between 12: 00 noon & 7: 00 p. m.

Return after 7: 00 p. m.*
Lunch and Dinner
Dinner
Breakfast
Breakfast and Lunch
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.*
tyler
18 7. 00 p. m. is defined as direct travel time and does not include time taken to stop for dinner.

5. Internet Access — Hotels and Airports
Employees who travel may need to access their e- mail at night. Many hotels provide free highspeed 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.
19 tyler
technologies
Exhibit C
Maintenance and Support Agreement
We will provide you with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

Term. We provide maintenance and support services on an annual basis. The initial term commences on the Effective Date and remains in effect for one ( 1) year. The term will renew automatically for additional one ( 1) year terms unless terminated in writing by either party at least thirty ( 30) days prior to the end of the then -current term. We will adjust the term to match your first use of the Tyler Software in live production if that event precedes the one ( 1) year anniversary of the Effective Date.

2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are listed in the Investment Summary, and your payment obligations are set forth in the Invoicing and Payment Policy.

We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all undisputed fees for the periods during which services were suspended.

3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent with our then -current Support Services Process:

3. 1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software ( limited to the then -current version and the immediately prior version); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void;

3. 2 provide telephone support during our established support hours;

3. 3 maintain personnel that possess commercially reasonable expertise with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;

3. 4 provide you with a copy of all major and minor releases to the Tyler Software ( including updates and enhancements, as well as changes to technology and platform initiated and required by Tyler) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and

3. 5 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with our then -current release life cycle policy.
tyler
20 4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Currently, we use a third -party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high- speed internet connection capable of connecting us to your PCs and server( s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes.

5. Hardware and Other Systems. If you are a self -hosted customer and, in the process of diagnosing a software support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain Third Party Products except as expressly set forth in the Agreement.

In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software:
a) All infrastructure executing Tyler Software shall be managed by you; b) You will maintain support contracts for all non -Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third -Party Software, if any); and c) You will perform daily database backups and verify that those backups are successful.

Other Excluded Services. Maintenance and support fees do not include fees for the following services: ( a) initial installation or implementation of the Tyler Software; ( b) onsite maintenance and support ( unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); ( c) application design; ( d) other consulting services; ( e) maintenance and support of an operating system or hardware, unless you are a hosted customer; (f) support outside our normal business hours as listed in our then -current Support Services Process; or (g) installation, training services, or Third Party Product costs related to a new release.

Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis; rates will be negotiated prior to service commencement. You must request those services with at least one ( 1) weeks' advance notice.

7. Current Support Services Process. Our current Support Services Process for the Tyler Software is attached to this Agreement; Exhibit C, Schedule 1.
21 6.
tyler
technologies
Exhibit C
Schedule 1
Support Services Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support:
1) Tyler Community — an on- line resource, 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.
2) On- line submission ( portal) — for less urgent and functionality - based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website.
3) Email — for less urgent situations, users may submit unlimited emails directly to the software support group.
4) Telephone — for urgent or complex questions, users receive toll -free, unlimited telephone software support.

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 and other information including support contact information.
2) Tyler Community — available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources.
3) Knowledgebase — A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides.
4) Program Updates — where development activity is made available for client consumption Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM ( Monday — Friday) across four ( 4) US time zones ( Pacific, Mountain, Central and Eastern), specifically 5 AM to 5 PM Pacific time zone.

Clients may receive coverage across these time zones. Tyler' s holiday schedule is outlined below. There will be no support coverage on these days.

New Year' s Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day
tyler
tea
Issue Handling
Incident Tracking
Every support incident is logged into Tyler' s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler' s website or by calling software support directly.

Incident Priority
Each incident is assigned a priority number, which corresponds to the client' s needs and deadlines. The client is responsible for reasonably setting 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 responses and resolutions.

Priority
Level
Characteristics of Support Incident Resolution Targets
Support incident that causes ( a) Tyler shall provide an initial response to Priority Level 1 complete application failure or incidents within one ( 1) business hour of receipt of the application unavailability; ( b) application support incident. Tyler shall use commercially 1 failure or unavailability in one or more of reasonable efforts to resolve such support incidents or Critical the client' s remote location; or ( c) provide a circumvention procedure within one ( 1) systemic loss of multiple essential business day. For non -hosted customers, Tyler' s system functions. responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database.

Support incident that causes ( a) Tyler shall provide an initial response to Priority Level 2 repeated, consistent failure of essential incidents within four (4) business hours of receipt of the functionality affecting more than one support incident. Tyler shall use commercially 2 user or (b) loss or corruption of data. reasonable efforts to resolve such support incidents or High 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.

Priority Level 1 incident with an existing Tyler shall provide an initial response to Priority Level 3 circumvention procedure, or a Priority incidents within one ( 1) business day of receipt of the Level 2 incident that affects only one support incident. Tyler shall use commercially 3 user or for which there is an existing reasonable efforts to resolve such support incidents Medium
circumvention procedure. without the need for a circumvention procedure with the next published maintenance update or service pack. For
non -hosted customers, Tyler' s responsibility for lost or corrupted data is limited to assisting the client in
restoring its last available database.
tyler
23 Priority
Level
Characteristics of Support Incident Resolution Targets
Support incident that causes failure of Tyler shall provide an initial response to Priority Level 4 4 non -essential functionality or a cosmetic incidents within two ( 2) business days. Tyler shall use Non- or other issue that does not qualify as commercially reasonable efforts to resolve such support critical any other Priority Level. incidents, as well as cosmetic issues, with a future version release.

Incident Escalation
Tyler Technology' s software support consists of four ( 4) levels of personnel:
1) Level 1: front-line representatives
2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues
3) Level 3: assist in incident escalations and specialized client issues 4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client' s needs.

On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods:
1) Telephone — for immediate response, call toll -free to either escalate an incident' s priority or to escalate an issue through management channels as described above. 2) Email — clients can send an email to software support in order to escalate the priority of an issue. 3) On- line Support Incident Portal — clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number.

Remote Support Tool
Some support calls require further analysis of the client' s database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry - standard remote support tool. Support is able to quickly connect to the client' s desktop 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. tyler
24 c;
f'
C
t
technologies
Exhibit D
Statement of Work
Remainder of page intentionally left blank.]
25 tyler
Statement of Work
Enterprise Group, Tyler Technologies
Prepared for:

City of Newark, CA (" City', " Client")
37101 Newark Boulevard I Newark, CA 94560
Prepared by:

Tyler Technologies, Inc. (" Tyler")
840 W. Long Lake Rd., Troy, MI 48098
www. tylertech. com
Published: 4/ 18/ 2017
Empowering people who serve the public
e
tyI er
technologies
Newark, California
7/ 19/ 2019
Table of Contents
1 EXECUTIVE SUMMARY................................................................................................................. 5

1. 1 PROJECT OVERVIEW............................................................................................................................ 5

1. 2 PRODUCT SUMMARY........................................................................................................................... 5

1. 3 PROJECT TIMELINE.............................................................................................................................. 6

1. 4 PROJECT METHODOLOGY OVERVIEW..................................................................................................... 7 2 ROLES AND RESPONSIBILITIES...................................................................................................... 9

2. 1 TYLER ROLES AND RESPONSIBILITIES....................................................................................................... 9

2. 1. 1 Tyler Executive Management.................................................................................................. 9

2. 1. 2 Tyler Implementation Management....................................................................................... 9

2. 1. 3 Tyler Project Manager............................................................................................................. 9

2. 1. 4 Tyler Implementation Consultant.......................................................................................... 10

2. 1. 5 Tyler Sales.............................................................................................................................. 11

2. 1. 6 Tyler Software Support .......................................................................................................... 11

2. 1. 7 Tyler Trainer.......................................................................................................................... 11

2. 1. 8 Tyler Subject Matter Expert............................................. ... ................................................... 11

2. 1. 9 Tyler Data Conversion Experts............................................................................................... 12

2. 1. 10 Tyler Reports/ Forms Experts................................................................................................. 12

2. 1. 11 Tyler Basic Network Support ................................................................................................. 12

2. 1. 12 Tyler Development................................................................................................................ 12

2. 2 CITY ROLES AND RESPONSIBILITIES....................................................................................................... 13

2. 2. 1 City Executive Sponsor........................................................................................................... 13

2. 2. 2 City Steering Committee........................................................................................................ 13

2. 2. 3 City Project Manager( s)......................................................................................................... 13

2. 2. 4 City Functional Leads............................................................................................................. 15

2. 2. 5 City Power Users.................................................................................................................... 15

2. 2. 6 City End Users........................................................................................................................ 16

2. 2. 7 City Technical Support ........................................................................................................... 16

2. 2. 8 City Change Management Lead............................................................................................ 16 3 PROJECT GOVERNANCE............................................................................................................. 17

3. 1 CITY GOVERNANCE............................................................................................................................ 17

3. 1. 1 City Project Manager(s)......................................................................................................... 17

3. 1. 2 Steering Committee............................................................................................................... 17

3. 1. 3 Executive Sponsor.................................................................................................................. 18

3. 2 TYLER GOVERNANCE.......................................................................................................................... 18

3.2. 1 Tyler Project Manager........................................................................................................... 18

3. 2. 2 Tyler Implementation Management..................................................................................... 18 2 61
Empowering people who serve the public ••• ' C tyler
techimlogies
Newark, California
7/ 19/ 2019

3. 2. 3 Tyler Executive Management................................................................................................18

3. 3 ACCEPTANCE.................................................................................................................................... 19 4 OVERALL PROJECT AND DELIVERABLE ASSUMPTIONS................................................................. 20

4. 1 PROJECT, RESOURCES AND SCHEDULING............................................................................................... 20

4. 2 DATA CONVERSION........................................................................................................................... 21

4. 3 DATA EXCHANGES, MODIFICATIONS, FORMS AND REPORTS..................................................................... 21

4. 4 HARDWARE AND SOFTWARE............................................................................................................... 22

4. 5 TRAINING........................................................................................................................................ 22 5 IMPLEMENTATION STAGES........................................................................................................ 24

5. 1 WORK BREAKDOWN STRUCTURE ( WBS).............................................................................................. 24

5. 2 INITIATE PLAN ( STAGE 1)................................................................................................................ 25

5. 2. 1 Tyler Internal Coordination & Planning................................................................................. 25

5. 2. 2 System Infrastructure Planning............................................................................................. 26

5. 2. 3 Project/ Phase Planning......................................................................................................... 27

5.2.4 Project Schedule .................................................................................................................... 28

5. 2. 5 Stakeholder Presentation...................................................................................................... 29

5.2. 6 Control Point 1: Initiate & Plan Stage Acceptance................................................................ 30

5. 3 ASSESS & DEFINE ( STAGE 2)............................................................................................................... 32

5. 3. 1 Fundamentals Review........................................................................................................... 32

5.3.2 Current/ Future State Analysis............................................................................................... 33

5. 3. 3 Data Conversion Planning & Mapping.................................................................................. 34

5. 3. 4 Third Party Data Exchange Planning..................................................................................... 35

5. 3. 5 Modification Analysis & Specification................................................................................... 36

5.3. 6 Forms & Reports Planning..................................................................................................... 37

5. 3. 7 System Deployment............................................................................................................... 38

5.3. 8 Control Point 2: Assess & Define Stage Acceptance.............................................................. 39

5. 4 BUILD VALIDATE ( STAGE 3)............................................................................................................. 41

5. 4. 1 Configuration & Power User Training................................................................................... 41

5.4. 2 Data Conversion & Validation............................................................................................... 42

5.4. 3 Third Party Data Exchange Validation.................................................................................. 43

5. 4. 4 Modification Delivery & Validation, if contracted................................................................. 44

5.4.5 Forms & Reports Validation.................................................................................................. 45

5.4. 6 Control Point 3: Build & Validate Stage Acceptance............................................................. 46

5. 5 FINAL TESTING & TRAINING ( STAGE 4)................................................................................................. 47

5. 5. 1 Cutover Planning................................................................................................................... 47

5.5.2 User Acceptance Testing ( UAT)............................................................................................. 48

5. 5. 3 End User Training.................................................................................................................. 49

5. 5. 4 Control Point 4: Final Testing & Training Stage Acceptance ................................................. 50

5. 6 PRODUCTION CUTOVER ( STAGE 5)....................................................................................................... 51

5. 6. 1 Final Data Conversion.......................................................................................................... 51 3/ 61
Empowering people who serve the public 0' tyler
teciuiologies
Newark, California
7/ 19/ 2019

5. 6.2 Production Processing & Assistance...................................................................................... 52

5. 6.3 Transition to Tyler Support .................................................................................................... 53

5. 6.4 Schedule Post -production Services........................................................................................ 54

5. 6.5 Control Point 5: Production Cutover Stage Acceptance........................................................ 55

5. 7 PHASE/ PROJECT CLOSURE ( STAGE 6)................................................................................................... 56

5. 7. 1 Close Phase/ Project............................................................................................................... 56

5. 7. 2 Control Point 6: Phase/ Project Closure Stage Acceptance.................................................... 57 6 * GLOSSARY............................................................................................................................... 58 4/ 61 ••••••
Empowering people who serve the public •••. • tyler
technologies
Newark, California
7/ 19/ 2019
1 Executive Summary

1. 1 Project Overview
The Statement of Work ( SOW) documents the Project scope, methodology, roles and responsibilities, implementation stages, and deliverables for the implementation of Tyler products.

The Project goals are to offer the city of Newark, CA (" Newark") the opportunity to make the City more accessible and responsive to external and internal customer needs and more efficient in its operations.

That is, to at least satisfy objectives inherent in any Enterprise Resource Planning ( ERP) implementation:

Provide a single, comprehensive, and integrated solution to manage the City' s business Streamline processes to take advantage of best practices through automation, integration, and workflows
Provide a friendly and intuitive user interface to promote system use, productivity, and minimize the need for training
Eliminate the need for " off line shadow systems" including spreadsheets, etc. to support financial activities and to track project expenditures and status Eliminate the need for redundant data entry
Provide enhanced reporting capabilities to improve decision making Improve and provide necessary reports and data access through inquiry or drill down capabilities Provide interfaces with Third Party Systems

1. 2 Product Summary
Below, is a summary of the products included in this Project, as well as reference to the Client' s functional area utilizing the Tyler product. Refer to Scope of Services section for information containing detailed product components.

Product Feature/ Function
New World Financial Management Base
Project Accounting
Fixed Assets
Miscellaneous Billing & Receivables
GASB/ CAFR Reporting
Bank Reconciliation
Third Party Document Imaging
Purchase Orders
CC— DSS Base Data mart
CC — FM Analytics
CC — FM Dashboards
Human Resources / Payroll Base
Employee Event Tracking
Personnel Actions
1)
o,
5/ 61 •
Empowering people who serve the public ••, 00 tyler
technologies
Newark, California
7/ 19/ 2019
Benefits Administration
Leave Management
Applicant Tracking
Position Budgeting
Time & Attendance Interface
HR Datamart ( DSS Datamart)
CC — HR Analytics
CC— HR Dashboards
eSuite base
eEmployee
eTimesheets
eBenefits Administration

1. 3 Project Timeline
The Project timeline establishes a start and end date for each Phase of the Project — a " Phase" being an agreed -to scope of logically similar product features/ functions. Developed during the 1- Initiate & Plan Stage and revised as mutually agreed to, if needed, the timeline accounts for resource availability, business goals, size and complexity of the Project, and task duration requirements.

Based on past implementation experience, the project timeline for Financials and HR/ Payroll may have a duration spanning fourteen to twenty- four months, depending on module -phasing = each Phase typically spans eight to twelve months, and should include some staggered start- up. The production cutover milestones most effectively tie to month -end for Financials and quarter -end for Payroll.

Included here is a draft timeline that will be confirmed early in the engagement. c.
6 61Empowering people who serve the public ••' E: ty ehno! o ies Newark, California
7/ 19/ 2019
tyler City of Newark. CA
Draft Gantt
ID
1 rack Name Duration Start Finish
Newark, CA - ERP Project 410 days Mon 6/ 5/ 19 Fri 2/ 26/ 21 I
Stage 1: Initiate & Plan 25 days Mon 8/ 5/ 19 Fri 9/ 6/ 19 Financial Management 272 days Thu 8/ 25/ 19 Fri 9/ 28/ 20 Stage 2: Assess & Define 42 days Thu 8/ 25/ 19 Fri 10/ 11/ 29 Stage 3: Build & Validate 80 days Mon 9/ 30/ 19 Fri 1/ 17/ 20 Stage 4: Final Testing & Training 69 days Mon 1/ 20/ ZOThu 4/ 23/ 20 Stage 5: Production Cutover 86 days Fri 5/ 1/ 20 Fri 9/ 28/ 20 HR/ Payroll and ExecuTime 330 days Mon 10/ 20/ 1 Fri 1/ 29/ 21 Stage 2: Assess & Define 30 days Mon 10/ 28/ 1 Fri 12/ 6/ 19 Stage 3: Build & Validate 50 days Man 11/ 25/ 1 Fri 2/ 31/ 20 Stage 4: Final Testing & Training 204 days Mon 2/ 3/ 20 Thu 6/ 25/ 20 Stage 5: Production Cutover 156 days Fri 6/ 26/ 20 Fri 2/ 29/ 21 Stage 6: Phase/ Project Closure 20 days Mon 2/ 1/ I1 Fri 2/ 26/ 21 Project Complete 0 days Fri 2/ 26/ 21 Fri 2/ 26/ 21
rd Quane th Quarte4it Quanehnd tQ ualI' rte rd Quartel4th Quarteilst Quartek lull u OCI Vo' Dedlanlfe4Aa,, A aWun Jul u e i0a oJDe bn ebk4ar1 i
rW i
i i I i
i
i i i i i

I I I I
i
i
rV I I I I
i
I
T^
i

I I I I I I
W1
2 10
11 21
29 35
42 43
53 61
67 74
78 1

1. 4 Project Methodology Overview
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 Client' s complexity, and organizational needs. 7 / 61
Empowering people who serve the public •••• f"G t ler
i , chnologies

1. 1. 0
Initiate & Plan
Tylerinternal
Coordination &
Planning
System
Infrastructure
Planning

1. 1. 3
Project/ Phase
Planning

1. 1A
Project Schedule

1. 1. s
Stakeholder
Presentation
rr

1. 1. 6

CONTROL POINT
1: Initiate & Plan

1. 2. 0
Assess &
Define

1. 7. 1
Fundamentals
Review

1. 2. z
Current/ Future
State Analysis
Data Conversion
Planning &
Mapping

1. 2. 4
Standard 31d
Party Data
Exchange
Planning

1. ts
LMIAna
odification
lysis &
ecification••

1. 2. 6
Forms & Reports
Planning

1. 2. 7
System
Deployment

1. te

CONTROL POINT
2: Assess &
Define Stage
Acceptance
f

1. 3. 0
Build &
Validate
i
lA1
Configuration &
Power User
Training
ff

3. 2
nversionidation ')

1. 3. 3
Standard 3 d
Party Data
Exchange
Validation
Dery

1. 3s
Forms & Reports
Validation
1A 6

CONTROL POINT
3: guild &
Validate Stage
Acceptance
I

1. 4. 0
Final Testing &
Traininng

1. Cutover Planning

1. 4. 2
User Acceptance
Testing
lA3
End User Training
1w. 4

CONTROL POINT
4: Final Training
Testing Stage
Acceptance

1. 5.0
Production
Cutover
r

1. 5. 1
Final Data
Conversion
1s. 2
Production
Processing &
Assistance

1. 3. 3
Transition to
Tyler Support

1. 3. 4
Schedule Post
Uve Services, if
applicable

1. s. s

CONTROL POINT
S: Production
Cutover Stage
Acceptance
1)
Newark, California
7/ 19/ 2019

1. 6.0
Phase/ Project
Closure

3. 6. 1
pose Phase/
ProJect _

1. 61

CONTROL POINT
6: Phase/ Project
Closure Stage
Acceptayynce
8/ 61 •••'••
Empowering people who serve the public ••• • tyler
technologies
Newark, California
7/ 19/ 2019
2 Roles and Responsibilities

2. 1 Tyler Roles and Responsibilities
While best practice recommends a consistent Tyler Project Manager ( and team) for the implementation lifecycle, Tyler will work with the City to confirm / re -confirm Project Manager( s) prior to the start of each Phase of the Project. The project manager assigns other Tyler resources as the schedule develops. One person may fill multiple Project roles.

2. 1. 1 Tyler Executive Management
Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying the City' s overall organizational strategy
Authorizes required Project resources
Resolves all decisions and/ or issues not resolved at the implementation management level as part of the escalation process
Offers additional support to the Project Team and is able to work with other Tyler department managers in order to escalate and facilitate implementation Project tasks and decisions Acts as the counterpart to the City' s Executive Sponsor

2. 1. 2 Tyler Implementation Management
Acts as the counterpart to the City Steering Committee
Assigns Tyler Project personnel
Works to resolve all decisions and/ or issues not resolved at the Project management level as part of the escalation process
Attends City Steering Committee meetings as necessary
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

2. 1. 3 Tyler Project Manager
The Tyler Project Manager( s) provides oversight of the Project, coordination of resources between departments, management of the Project Schedule and budget, effective risk and issue management, and is the primary point of contact for all Project related items.

Contract Management
o Validates contract compliance throughout the Project
o Ensures Deliverables meet contract requirements
o Acts as primary point of contact for all contract and invoicing questions o Prepares and presents contract milestone sign -offs for acceptance by City Project Manager( s)
o Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance
9/ 61 •• cc'
Empowering people who serve the public ••• tyler
technologies
Newark, California
7/ 19/ 2019
Planning
o Update and deliver Implementation Management Plan
o Defines Project tasks and resource requirements
o Develops initial and full- scale Project Schedule
o Collaborates with City Project Manager( s) to plan and schedule Project Timelines to achieve on -time implementation
Implementation Management
o Tightly manages Scope and budget of Project; establishes process and approval matrix with the City to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently
o Establishes and manages a schedule and resource plan that properly supports the Project Plan as a whole that is also in balance with Scope/ budget o Establishes risk/ issue tracking/ reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to the City any items that may negatively impact the outcomes of the Project
o Collaborates with the City' s Project Manager( s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the Project
o Sets a routine Communication Plan that will aide all Project Team members, of both the City and Tyler, in understanding the goals, objectives, current status and health of the Project
Team Management
o Acts as liaison between Project Team and Tyler manager( s) o Identifies and coordinates all Tyler resources across all modules, Phases, and activities including development, conversions, Forms, Installation, Reporting, implementation, and billing
o Provides direction and support to Project Team
o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward
o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover Plan o Assesses team performance and adjusts as necessary
o
Interfaces closely with Tyler developers to coordinate program Modification activities
o Coordinates with in Scope Third Party providers to align activities with ongoing Project tasks

2. 1. 4 Tyler Implementation Consultant
Completes tasks as assigned by the Tyler Project Managers) Performs problem solving and troubleshooting
Follows up on issues identified during sessions
Documents activities for onsite services performed by Tyler Provides conversion Validation and error resolution assistance C11G 10/ 61 ••
Empowering people who serve the public ••• tyler
0 lachnologies
Newark, California
7/ 19/ 2019
Recommends guidance for testing Forms and Reports
Tests software functionality with the City following configuration Assists during Cutover process and provides production support until the City transitions to Tyler Support
Provides product related education
Effectively facilitates training sessions and discussions with City and Tyler staff to ensure adequate understanding of the appropriate agenda topics during the allotted time Conducts training ( configuration, process, conversion Validation) for Power Users and the City' s designated trainers for End Users
Clearly documents homework tasks with specific due dates and owners, supporting and reconciling with the final Project Schedule
Keeps Tyler Project Manager( s) proactively apprised of any and all issues which may result in the need for additional training needs, change in schedule, change in process decisions, or which have the potential to adversely impact the success of the Project prior to taking action

2. 1. 5 Tyler Sales
Provide sales background information to implementation during Project Initiation Support sales transition to implementation
Provide historical information, as needed, throughout implementation

2. 1. 6 Tyler Software Support
Manages incoming City issues via phone, email, and online customer incident portal Documents and prioritizes issues in Tyler' s Customer Relationship Management (CRM) system Provides issue analysis and general product guidance
Tracks issues and tickets to timely and effective resolution Identifies options for resolving reported issues
Reports and escalates Defects to Tyler Development
Communicates with the City on the status and resolution of reported issues

2. 1. 7 Tyler Trainer
Provides product and process related education as it relates to the City' s Project Provides training materials to be used as reference during training sessions and discussions Effectively facilitates training sessions and discussions with City and Tyler staff to ensure adequate understanding of the appropriate agenda topics during the allotted time Conducts training ( configuration, process, conversion Validation) for Power Users and the City' s designated trainers for End Users

2. 1. 8 Tyler Subject Matter Expert
Possesses both a broad and deep understanding of the functionality within Tyler Software products for his/ her functional area( s)
Provides confident recommendations regarding configuration decisions and business process best practice options and related implications using Tyler' s products based on his/ her experience and expertise implementing Tyler Software products with similar organizations c.
11 / 61
Empowering people who serve the public 0 tyler
tedfiologies
Newark, California
7/ 19/ 2019
Provides conversion consulting and mapping assistance
Follows up on issues identified during sessions
Documents activities for onsite services
Clearly documents homework tasks with specific due dates and owners, supporting and reconciling with the final Project Schedule
Keeps Tyler Project Manager( s) proactively apprised of any and all issues which may result in the need for additional training needs, change in schedule, change in process decisions, or which have the potential to adversely impact the success of the Project prior to taking action Performs gap analysis and documents non -contracted Modifications requests

2. 1. 9 Tyler Data Conversion Experts
Validates customer data files are in proper format
Develops customized conversion programs to convert Legacy System data into the Tyler database for production use and provides mapping between legacy and Tyler systems Provides error Reports on unsupported data conditions and the merging or normalization of data fields
Assists with understanding and interpreting error Reports Performs changes and corrections to customized conversion programs as the City discovers data anomalies and exception conditions

2. 1. 10 Tyler Reports/ Forms Experts
Provides specifications for all Forms & Reports in Scope Reviews requirements for Peripherals and Consumables, if applicable Conducts review of City' s Form mockup sheets
Develops final Form designs
Resolves all corrections required of the Forms
Configures and installs Forms software and approved Forms

2. 1. 11 Tyler Basic Network Support
Manages incoming City issues via phone, email, online customer incident portal, and from Software Support
Provides system support including remote support of City systems, operating systems, network and local printing, and SQL assistance for the systems and platform directly attributable to the Tyler Applications
Tracks issues and tickets to timely and effective resolution Determine root cause and provide solutions or provide direction/ escalation to Tyler Development Consult on pre -sales in regards to system requirements

2. 1. 12 Tyler Development
Programs and incorporates Modifications per the specifications into the base product Performs internal quality assurance
Develops standard solution technical and help documentation Provides software updates and Defect fixes
f
tyler_ 12 61
Empowering people who serve the public •••• rW
technologies
Newark, California
7/ 19/ 2019

2. 2 City Roles and Responsibilities
City resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles. In addition, depending on the City' s resources, one team, e. g. Steering Committee, may have multiple roles, e. g. Project Team.

2. 2. 1 City Executive Sponsor
Provides clear direction for the Project and how it applies to the organization' s overall strategy Champions the Project at the executive level to secure City buy -in Authorizes required Project Resources
Resolves decisions and/ or issues not resolved at the City Steering Committee level as part of the escalation process
Actively participates in Organizational Change Communications

2. 2. 2 City Steering Committee
Works to resolve 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
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 Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
o Project Goals
o City Policies

2. 2. 3 City Project Manager( s)
The City shall assign Project Manager( s) prior to the start of this Project with overall responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment, and communicates decisions and commitments to the Tyler Project Manager( s) in a timely and efficient manner. When the City Project Manager( s) do not have the knowledge or authority to make decisions, he or she engages the correct resources from the City to participate in discussions and make decisions in a timely fashion to avoid Project delays.

Contract Management
o Validates contract compliance throughout the Project
0G 61
Empowering people who serve the public
0!
0 00
6Q
t
lecnnologies
Newark, California
7/ 19/ 2019
o Ensures invoicing and Deliverables meet contract requirements o Acts as primary point of contact for all contract and invoicing questions o Signs off on contract milestone acknowledgment documents o Collaborates on and approves change requests, if needed, to ensure proper Scope and budgetary compliance
Planning
o Review and acknowledge Implementation Management Plan o Defines Project tasks and resource requirements for City Project Team o Collaborates in the development of and approval of the Project Plan and Project Schedule
o Collaborates with Tyler Project Manager(s) to plan and schedule Project timelines to achieve on -time implementation
Implementation Management
o Tightly manages Scope and budget of Project and collaborates with Tyler Project Manager( s) to establish a process and approval matrix to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently o Collaborates with Tyler Project Manager( s) to establish and manage a schedule and resource plan that properly supports the Project Plan, as a whole, that is also in balance with Scope/ budget
o Collaborates with Tyler Project Manager( s) to establish risk/ issue tracking/ reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to Tyler any items that may negatively impact the outcomes of the Project
o 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
o Routinely communicates with both City staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the Project by all team members Team Management
o Acts as liaison between Project Team and Stakeholders o
Identifies and coordinates all City resources across all modules, Phases, and activities including data conversions, Forms design, hardware and software Installation, reports building, and satisfying invoices
o Provides direction and support to Project Team
o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward
o Manages the appropriate assignment and timely completion of tasks as defined in the Project Schedule, task list, and Production Cutover Plan o Assesses team performance and takes corrective action, if needed o Provides guidance to City Technical Support to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution
o Coordinates with in Scope Third Party providers to align activities with ongoing Project tasks
14 / 61 •• e"` C'C:

Empowering people who serve the public ••• tyler
i. chr ilo is
Newark, California
7/ 19/ 2019

2. 2. 4 City Functional Leads
Authorized to make 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 Attends and contributes business process expertise for current/future state analysis sessions Identifies and includes additional subject matter experts to participate in current/ future state analysis sessions
Provides business process change support during Power User and End User training Completes performance tracking review with City Project Team on End User competency on trained topics
Provides Power and End Users with dedicated time to complete required homework tasks Act as an ambassador/ champion of change for the new process Identifies and communicates any additional training needs or scheduling conflicts to City Project Manager( s)
Prepares and Validates Forms
Actively participates in all aspects of the implementation, including, but not limited to, the following key activities for the funcitonal area they represent:

Task completion
Stakeholder Presentation
Implementation Management Plan development
Schedule development
Monitoring of risk register
Escalation of issues
Communication with Tyler Project Team
Coordination of City resources
Attendance at scheduled sessions
Change Management activities
Customization specification, demonstrations, testing and approval assistance Conversion Analysis and Verification Assistance
Decentralized End User Training
Process Testing
User Acceptance Testing

2. 2. 5 City Power Users
Participate in Project activities as required by the Project Team and Project Manager( s) Provide subject matter expertise on City business processes and requirements Act as Subject Matter Experts in current/ future state and Validation sessions, as needed Attend all scheduled training sessions related to their areas of expertise Participate in all required post -training processes as needed throughout Project Participate in conversion Validation
Test all Application configuration in their areas of expertise to ensure it satisfies business process requirements
Become Tyler Application experts
Participate in User Acceptance Testing
15 61
Empowering people who serve the public •••• tyler
technologies
Newark, California
7/ 19/ 2019
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 production Cutover Provide knowledge transfer to City staff during and after implementation

2. 2. 6 City End Users
Attend all scheduled training sessions pertaining to their City job functions Become proficient in Tyler 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 Production Cutover

2. 2. 7 City Technical Support
Coordinates updates and releases with Tyler
Coordinates the copying of source databases to training/ testing databases as needed for training days
Extracts and transmits conversion data and control reports from City' s Legacy System per the conversion schedule set forth in the Project Schedule
Coordinates and adds new users and printers and other Peripherals as needed Validates all users understand log -on process and have necessary permission for all training sessions
Coordinates Interface development for City Third Party Data Exchanges Develops or assists in creating Reports as needed
Ensures onsite system hardware meets specifications provided by Tyler Assists with software deployment, as needed

2. 2. 8 City Change Management Lead
Validates 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 0 c-.
16 61 ,
Empowering people who serve the public ••••. tyler
techmlogies
Newark, California
7/ 19/ 2019
3 Project Governance
The purpose of this section is to define the resources required to adequately establish 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, when jointly managed by the City and Tyler, also defines the structure for Project oversight, issue escalation and resolution, Change Control review and authority, and organizational change management activities.

The structure establishes a clear escalation path when issues and risks require escalation above the Project Manager level. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the 1- Initiate & Plan Stage.

The path below illustrates an overall team perspective where Tyler and the City collaborate to resolve Project challenges according to defined escalation paths. In the event Project Managers (Tyler and the City' s) do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler Implementation Management and the City Steering Committee become the escalation points to triage responses prior to escalation to the City and Tyler Executive Sponsors. As part of the escalation process, each Project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City and Tyler Executive Sponsors serve as the final escalation point.

3. 1 City Governance
Depending on the City' s organizational structure and size, the following governance roles may be filled by one or more people:

3. 1. 1 City Project Manager( s)
The City' s Project Manager( s) coordinate City Project Team members, subject matter experts, and the overall implementation schedule and serves as the primary point of contact with Tyler. The City Project Manager( s) will be responsible for reporting to the City Steering Committee, as an active participant, and determining appropriate escalation points.

3. 1. 2 Steering Committee
The City Steering Committee is responsible for ensuring the Project has appropriate resources, provides strategic direction to the Project Team, for making timely decisions on critical Project issues or policy decisions. The City Steering Committee understands and supports the cultural change necessary for the Project and fosters an appreciation of the Project' s value throughout the organization. The Steering Committee oversees the City Project Manager( s) and the Project as a whole and through participation in regular internal meetings. The City Steering Committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. The City Steering Committee also provides support to the City Project Manager( s) by communicating the importance of the Project to all impacted departments. The City Steering Committee also serves as primary level of issue resolution for the Project. cC 17 / 61
Empowering people who serve the public ••••
001 tyler
0 technologies
Newark, California
7/ 19/ 2019

3. 1. 3 Executive Sponsor
The City' s Executive Sponsor provides support to the Project by allocating resources, providing strategic direction, and communicating key issues about the Project. The Executive Sponsor acts as the final authority on all escalated Project issues. The Executive Sponsor engages in the Project, as needed, in order to provide necessary support, oversight, guidance, and escalation, but does not participate in dayto- day Project activities. The Executive Sponsor empowers the City Steering Committee, Project Manager( s), and Functional Leads to make business decisions.

3. 2 Tyler Governance

3. 2. 1 Tyler Project Manager
The Tyler Project Manager( s) have direct involvement with the Project and coordinates Tyler project team members, subject matter experts, the overall implementation schedule, and serves as the primary point of contact with the City. The Tyler Project Manager( s) will facilitate regular project status meetings across City and Tyler team personnel. Additionally, the Tyler Project Manager( s) will provide regular updates ( at a minimum, monthly, or as agreed to with the Executive Sponsor) to the City' s Steering Committee and other Tyler governance members.

3. 2. 2 Tyler Implementation Management
Tyler Implementation Management has indirect involvement with the Project and is part of the Tyler escalation process. Tyler Project Manager( s) consult Implementation Management on issues and outstanding decisions critical to the Project. Implementation Management works toward a solution with the Tyler Project Manager( s) or with City management, as appropriate. Tyler Executive Management is the escalation point for any issues not resolved at this level. The name( s) and contact information for this resource will be provided and available to the City Project Team.

3. 2. 3 Tyler Executive Management
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, in order to escalate and facilitate implementation Project tasks and decisions. The name( s) and contact information for this resource will be provided and available to the City Project Team.
cC,
18/ 61
Empowering people who serve the public " 0i- C tyler
0 tCcLnoloOes
Newark, California
7/ 19/ 2019

3. 3 Acceptance
All Deliverables and Control Points must be accepted following the process below. Acceptance requires a formal sign -off (email from City Project Manager is acceptable with a wet signature to follow). The following process will be used for accepting Deliverables and Control Points:

The City shall have ten ( 10) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the City does not provide acceptance within ten ( 10) business days, or the otherwise agreed upon timeframe, and does not request a time extension, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.

If the City does not agree the particular Deliverable or Control Point meets requirements, the City shall notify Tyler Project Manager( s), in writing, with explanation 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 shall then have ten ( 10) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the City does not provide acceptance or acknowledgement within ten ( 10) business days, or the otherwise agreed upon timeframe, and does not request a time extension, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.

When the Acceptance process stalls or fails, project management will escalate to the assigned project leadership ( e. g. steering committee, executive). 6C.
19/ 61 •
0 0,
Empowering people who serve the public ••••' e tyler
iechnologies
Newark, California
7/ 19/ 2019
4 Overall Project and Deliverable Assumptions

4. 1 Project, Resources and Scheduling
Project activities will begin after the Agreement has been fully executed.

The City and Tyler have the ability to allocate additional internal resources if needed. The City also ensures the alignment of their budget and scope expectations at the time the Agreement is executed but cannot ensure appropriation budget in the future.

The City and Tyler ensure that the assigned resources are available and buy -into the change process and possess the required business knowledge to complete assigned tasks successfully.

Should there be a change in resources, the replacement resource should have a comparable level of knowledge and availability.

The City expects that Tyler' s resources be experts in the Tyler Software products and services provided.

The City has the right to have a Tyler resource removed from the Project for any reason that negatively impacts the City' s personnel or Project and replaced with a highly competent resource with significant Tyler Software experience.

Tyler shall incur all costs associated with the removal and replacement of Tyler resources.

The City and Tyler provide adequate resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget.

Abbreviated timelines and overlapped Phases can result in Project delays if there are not sufficient resources assigned to complete all required work as scheduled.

City changes to the Implementation Plan, schedule, availability of resources or changes in Scope may result in schedule delays, which may result in additional charges to the Project.

Tyler changes to the Implementation Plan, schedule, availability of resources or changes in Scope may result in schedule delays, however, this will not result in additional charges to the City for the Project delays.

Tyler provides a written agenda and notice of any prerequisites to the City Project Manager( s) ten 10) business days prior to any scheduled onsite or remote sessions.

Tyler provides notice of any prerequisites to the City Project Manager( s) a minimum of ten ( 10) business days prior to any key Deliverable due dates.

City users complete prerequisites prior to applicable scheduled activities.

Tyler provides options and implications or pros/ cons for each, for configuration and processing options available within the Tyler Software. The City is responsible for making decisions based on the options available.

In the event the City may elect to add and/ or modify current business policies during the course of this Project, such policy changes may be solely the City' s responsibility to define, document, and implement; or may be subject to change control.

The City makes timely Project related decisions in order to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Decisions left unmade may affect the Project Schedule, as each analysis and implementation session builds on the decisions made in prior sessions.

Tyler considers additional services out of Scope and requires additional hours be requested via Change Request approved through the Change Control process.

The City will respond to information requests in a comprehensive and timely manner, in accordance with the Project Schedule.
20/ 61
Empowering people who serve the public 0 . ,. tyler
0 1oclunolagies
Newark, California
7/ 19/ 2019

4. 2 Data Conversion
The following entities will be converted based upon Tyler standard conversion specifications:
o General Ledger and Adopted Budget History — detailed, balanced, general ledger and adopted budget transaction history
o Vendors, including Purchase Order and Accounts Payable Invoice History —vendor information and closed/ paid procurement transactions that are not tied to the general ledger
o Fixed Assets — information and financial details for capital and controlled assets o Billing — information regarding customers and miscellaneous invoice history o Employees - employee and job current and historical data, enrollment and position data o Payroll History - detailed paycheck history by pay batch Where applicable, up to ten ( 10) years of historical data will be converted for each entity.

The City will be responsible for extracting data, applying business rules to the data to transform it into values that are suited for loading into a standard conversion format provided by Tyler.

Tyler resources will write data conversion programs and execute standard validations against the converted data.

There are up to three ( 3) test sets of converted data included for each entity. Test sets refers to the results of data extract, transfer, load and conversion activities where Live system set- up is married with Legacy System data for delivery into the City' s Test environment. The City understands that files or tables containing fewer than five hundred records may not be converted. If required, additional test sets may be included, and may drive additional project costs.

The City is readily able to produce the data files needed for conversion from the Legacy System in order to provide them to Tyler on the mutually agreed to specified due date( s).

Each Legacy System data file submitted for conversion includes all associated records in a single approved file layout provided by Tyler.

The City understands the Legacy System data file must be in the same format each time unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget, and resource availability may occur and/ or data in the new system may be incorrect.

During this process, the City may need to correct data scenarios in their Legacy System prior to the final data pull. This is a complex activity and requires due diligence by the City to ensure all data pulled includes all required data and the Tyler system contains properly mapped data, with Tyler' s guidance.

4.3 Data Exchanges, Modifications, Forms and Reports
The following data exchanges have been identified for integration between Third Party software and the Tyler solution:
o US Bank Purchasing card import — purchasing card transactions that have been coded in and exported from the US Bank solution will be manually imported into Accounts Payable via the standard import feature ( button) available in the application 21/ 61
Empowering people who serve the public •••••' C ty'L: ler cu; olvgies Newark, California
7/ 19/ 2019
o Laserfiche document integration — Tyler' s Financial and HR/ Payroll solution will be configured so that documents that are managed and available in Laserfiche will be noted across the application and will accessible in a Laserfiche browser window based on an available web API
o Sportsman Parks and Recreation — revenue transactions captured in and exported from Sportsman will be manually imported into either Revenue Collections ( as receipts) or General Ledger ( as journal entries)
o TRAKiT— revenue transactions captured in and exported from TRAKiT will be manually imported into either Revenue Collections ( as receipts) or General Ledger ( as journal entries)
o Telestaff time and attendance integration — up to three integration points will be manually available, based on manual import and export capabilities in Telestaff: an export of Employee - related data; an export of accruals data; and an import of time entry data
Should other requirements arise, the City and Tyler project teams will make every effort to address integration, forms and reporting requirements via one of Tyler' s standard solutions.

As custom integration, forms and reporting needs may arise during the project, the City has allocated funds in the Investment Summary that may be used after City approval.

The City ensures the Third Party data received is in the correct format.

The Third Party possesses the knowledge of how to program their portion of the interaction and understands how to manipulate the data received, with the City and Tyler' s guidance.

City is on a supported, compatible version of the Third Party Software or Tyler Standard Data Exchange tools may not be available.

Any Modification requests not expressly stated in the contract are out of Scope. Modifications requested after contract signing have the potential to change cost, Scope, schedule, and production dates for Project Phases. Modification requests not in Scope must follow the Project Change Request process as defined in the Project Management workbook ( developed and baselined during the 1- Initiate & Plan Stage).

4.4 Hardware and Software
The City has or will have in place all hardware, software, and technical infrastructure necessary to support the Project.

Tyler will provide standards required to ensure sufficient speed and operability of Tyler Software and the City will ensure they are in compliance with these standards. Tyler will not support use of Software if the City does not meet minimum standards of Tyler' s published specifications.

Tyler will initially install the most current generally available version of the purchased Tyler Software.

The City will provide network access for Tyler modules, printers, and Internet access to all applicable City and Tyler Project staff.

4.5 Training
During live and onsite training, the City provides a training room for Tyler staff, as well as a place for the City staff to practice what they have learned without distraction. If Phases overlap, the City will provide multiple training facilities to allow for independent sessions scheduling without conflict.
22/ 61
Empowering people who serve the public •••• ' tyler
technologies
Newark, California
7/ 19/ 2019
The training room is set up in a classroom setting. The City determines the number of workstations in the room. Tyler recommends every person attending a scheduled session with a Tyler Consultant or Trainer have their own workstation.

The City provides a workstation which connects to the Tyler system for the Tyler trainer conducting the session. The work station connects to a City provided projector, allowing all attendees the ability to actively engage in the training session.

The City testing database contains the Tyler Software version required for delivery of the Modification prior to the scheduled delivery date for testing, if applicable.

The City is responsible for verifying the performance of the Modification as defined by the specification, if applicable.

Users performing User Acceptance Testing ( UAT) have attended all applicable training sessions prior to performing UAT.

C
tyler 23 61 0i' ec, Empowering
people who serve the public 0 0 technologies
Newark, California
7/ 19/ 2019
5 Implementation Stages

5. 1 Work Breakdown Structure ( WBS)
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 Plan ( and Implementation Plan), developed during 1- Initiate & Plan and finalized during 2- Assess & Define, will list the tasks to be completed within each work package. Each Stage ends with a " Deliverable" and/ or " Control Point", confirming the work performed during that Stage of the Project.
e
24/ 61 •
Empowering people who serve the public •••• tyler
technologies
Newark, California
7/ 19/ 2019

5. 2 Initiate & Plan ( Stage 1)
The 1- Initiate & Plan Stage creates a foundation for the Project through identification of City and Tyler Project management teams, development of Implementation Management Plans, and the provision and discussion of system infrastructure requirements. City participation in gathering information is critical.

Tyler Project management teams present initial plans to City stakeholder teams at Stage end.

5. 2. 1 Tyler Internal Coordination & Planning
Prior to Project commencement, Tyler management staff assigns Project Manager( s). Tyler provides the City with initial Project documents used in gathering basic information, which aids in preliminary planning and scheduling. City participation in gathering requested information by provided deadlines ensures the Project moves forward in a timely fashion. Internally, the Tyler Project Manager( s) coordinate with Sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the City' s team. During this step, Tyler will work with the City to establish the date( s) for the Project/ Phase Planning session.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Tyler Internal Coordination & Planning

TYLER CITY
tw
c
O E
00 0),
0O
c0CCU Q a1Q E a
C_
0 a) 2
a)
Uwto
c O E
O
U c
M
Otf
QC O_ O_ QJ
C W M
Q)
V)
C r0 C
O
O
U
N
U
Q_
U
E CC J
C SCL
N
o
a)
O
U
j v N N U Ln I-. C C
L
U O t
N
va
u
a) o
E
o o
E
a
o
0O ua)
Oa)
v v
v
o
u
c Ccn S o n
t
U
v
p on x
o I— V) WX n 0- u- O UC a- O
N
inWC La) rat
CTASKS T T a a
Assign Tyler Project Manager A R I I I
Provide initial Project documents to
A I R C I Client
Sales to Implementation knowledge

A I R C
transfer
Internal planning and Phase
A R C
coordination
25/ 61 cF'e
Empowering people who serve the public tyler 0 • 0
i:: chnologies
Newark, California
7/ 19/ 2019

5. 2. 2 System Infrastructure Planning
The City provides, purchases or acquires hardware according to hardware specifications provided by Tyler and ensures it is available at the City' s site. The City completes the system infrastructure audit, ensuring vital system infrastructure information is available to the Tyler implementation team, and verifies all hardware compatibility with Tyler solutions specifically for this Project.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 System Infrastructure Planning

TYLER AUTHORITY
ice+
L
V%
a)
M
N L
D
L
c NC aJO_ QJ E
C
J
C
C
L LO a1
m C aJ
U
C
W
C
N
twOO t'_ O LO
aJ
tF L v7
N
E cnO OC C
MC O C7D
c
O
coo Ln
0 d
c
LL N
p
E
aJ
rtlno
O
w
O
aJ
O v0
O
N a) cc G aJ
aJ
C
aJ
o2S
O
D
N
f9
InO_
aJ U fD N
L, CN 0
J
D
OO UO
a)
Ln
O
E
L
N U bQ U
a)
x
o
L
a ro
m LO occ
U
a,
aJ
m
U
aJ
L
v
v
o
U
C cM
N
3 Mo O su
aJ
p
m
on
W
L L
d
L
0 L
LL
L
G f'-
L
N
L Wx N dL W7 iU dO
aJ
0 WC aJ 0- L
O_
7)
TASKS
aJ
T>
aJ aJ QJ aJ aJ aJ QJ
U U U U b G U U U u u
Provide system hardware
specifications

I R JA I C
Make hardware available for
Installation

I C A R
Install system hardware, if
applicable

I C A R
Complete system infrastructure
audit

I C A R
26 61
Empowering people who serve the public ••• tyler
technology ies
Newark, California
7/ 19/ 2019

5. 2. 3 Project/ Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify features/ functions of each product to implement in each Phase ( if applicable), and discuss implementation timeframes. The Tyler Project Manager( s) deliver an Implementation Management Plan, which is mutually agreeable by the City and Tyler.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Project/ Phase Planning

TYLER CITY
Cro N
a1 On 0O
bD
C: c
Z3
a a)
E
E
raC_
D L
ta UO w w tiD C OW
c
n 0O O
egoC CO Nd0 OC
C
O
O`
CL OO- O_
C aJ pn
E
twoN of U C6
ca c
v a p Nc a E c
vCU c
v
O
O W a) cO
M M
cn
N U 2 cn 2cG N a) n J O U
a,--+ D N U U in
U U
C
C L
U O a) 0 N U
p
v
x
a p Q o
p Uv
a
m w v
v
o
U
c cco
v
3 rofl L v
o 0-
LU Ln w v; a U- U d Wc F W a` D
TASKS a a a Z i
U U CJ U U U I U U 10 1 U I U
Perform Project/ Phase Planning A R I C C I
Create and Deliver Implementation

A R C C I
Management Plan
27/ 61
cE.

Empowering people who serve the public ••• ell t ler
technologies
Newark, California
7/ 19/ 2019

5. 2.4 Project Schedule
City and Tyler will mutually develop an initial Project Schedule. The initial schedule includes, at minimum, enough detail to begin Project activities while the detailed Project Plan/ schedule is being developed and refined.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Project Schedule

TYLER CITY
N
N
E
O
c
c o_ NCL
w
E
J
v
C
0 O
4J
M
2 C N
U
C
w
C t
bpO tO O
N
v)
N
0 j m c o_ on O
L
0 a
C Q0• n
E vOD 0 D
a)
Ui
a
L
j
m
CM+ 4 v
C
a o in CL E
U
c- c-+
41 G)
J
0 o
v O U
O o2S Uco roU 41 c@G coC 2
N vi D p
U
Q
N
O_
f9 E
tU 4J U7 UN
p
OU bDC N
3 cD 0
N C UU
p
O
CL
w a 0 v Lnro a v
c ra
0 n c
w ci a Li U a- w a` D
TASKS i a

U U U U U U U U U U I U
Develop initial Project Schedule A R I C I I
Deliver Project Plan and schedule for
Project Phase

A R I I I C C I I I
Client reviews Project Plan & initial
schedule

C I A R C C C
Client approves Project Plan & initial
schedule

I I A R C C I I I I I
c.
28 61
Empowering people who serve the public •••• tyler
tecNiologies
Newark, California
7/ 19/ 2019

5. 2. 5 Stakeholder Presentation
The City stakeholders join Tyler Project Management to communicate successful Project criteria, Project goals, Deliverables, a high- level milestone schedule, and roles and responsibilities of Project participants.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Stakeholder Presentation

TYLER CITY
CLON
N Ln N M
O
dA
CfD Cn
t
NCL NxCE:

E
J CUC
L
GAN C
O
U
C
wx
C
w
ate-+ tiDO O LO
a) vn
t"
c
E p OO
U
M
C: 0ro
a° p c m L O
j N
M
Q1
v
C
ai
M
Ln
M
OL
U
C
cc@
J
tO NU N n J O U
U
O
f9 1=
U
O
U
L
N
G
U
C
O to
fo
C
FU
N
M
x o o° v v v o c 3 0 u p
TASKS a i a
w cn a U_ U a w
a i
a D

U U U U U U U U U U U
Present overview of Project
Deliverables, Project Schedule and A R I I I I C I I I
roles and responsibilities 1CC Communicate successful Project criteria and goals

I R C A I I
t- E:
29/ 61 `. tyler r C_
Empowering people who serve the public ••••` C
t chriologies.

Newark, California
7/ 19/ 2019

5. 2. 6 Control Point 1: Initiate & Plan Stage Acceptance Acceptance for this Stage includes completion of all criteria listed below. Advancement to the 2- Assess Define Stage is dependent upon Tyler' s receipt of the Stage Acceptance.

5. 2. 6. 1 Control Point 1- Initiate & Plan Stage Deliverables System Hardware Specifications
o Objective: Provide a listing of minimum system requirements needed to support current Tyler solution( s).
o Scope: based on City site assessment ( users, products, etc.), recommended specifications are available for servers, virtualization, workstations, peripherals, etc. There are also recommended maintenance procedures.
o Acceptance criteria: The City audits available requirements against the System Hardware Specifications.

Implementation Management Plan
o Objective: Update and deliver baseline management plans to reflect the approach to the City' s Project.
o Scope: The Implementation Management Plan addresses how communication, quality control, risks/ issues, resources and schedules, and Software Upgrades ( if applicable) will be managed throughout the lifecycle of the Project.
o Acceptance criteria: The City reviews and acknowledges receipt of Implementation Management Plan.

Project Plan/ Schedule
o Objective: Provide a comprehensive list of tasks, timelines and assignments related to the Deliverables of the Project.
o Scope: Task list, assignments and due dates
o Acceptance criteria: The City acceptance of schedule based on City resource availability and Project budget and goals.

Stakeholder Presentation
o Objective: In a presentation environment, provide City stakeholders with a strategic overview of the implementation expectations, approach, milestones and needs. o Scope: Presentation and open question/ answer session with City stakeholders. o Acceptance criteria: The City attends and acknowledges completion of Stakeholder Presentation.

5. 2. 6. 2 Control Point 1- Initiate & Plan Stage Acceptance Criteria Hardware Installed
System infrastructure audit complete and verified with Configuration deliverable Implementation Management Plan delivered
Project Plan/ schedule delivered; dates confirmed
00 tyler 30 61
Empowering people who serve the public ••••'
technologies
Newark, California
7/ 19/ 2019
Stakeholder Presentation complete
G
tyler 31 61
Empowering people who serve the public •• •
0 technologies
Newark, California
7/ 19/ 2019

5. 3 Assess & Define ( Stage 2)
The primary objective of 2- Assess & Define is to gather information about current City business processes and translate the material into future business processes using Tyler Applications. Tyler uses a variety of methods for obtaining the information, all requiring City collaboration. The City shall provide complete and accurate information to Tyler staff for analysis and understanding of current workflows and business processes.

5. 3. 1 Fundamentals Review
Fundamentals Review provides Functional Leads and Power Users an overall understanding of solution capabilities prior to beginning current and future state analysis. The primary goal is to provide a basic understanding of system functionality, which provides a foundation for upcoming conversations regarding future state processing. Tyler utilizes a variety of methods for completing fundamentals training including the use of el -earning, videos, documentation, and walkthroughs.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Fundamentals Review

TYLER CITY
a)
c
o
C
N
t
i Q)
E
0 J
0O
Cm@
in
c0
a)
x ax EM O
c
C
a O
aJ
O C a)
U
C
w
C t' In
W i
O O
a)
LO
a) in
rho
O
U C
CM+ O
fO
Op M
O
L a
d
c
aa c
a
E
E NW OvM
WM
Cl)
o
O
W aJ cc a)
aJ
C
Cr v
di
p
f0 laM
to
41 U
mM 1 CM
2 Ca) Ja) LnOO U0
v
E u E
p
U
CO
in
u
i5
c O v
bn
E
C
a
v
W
Q
E
o
d
Q
t°
o u
In
u
X
a)•
a--
a)
c
7 n3 3
O 0- W oC ua)
a)
p 0-
L w cn dLl- U a 0 w F- a
TASKS a
Schedule fundamentals review &
provide fundamentals materials & A R I C I I I
prerequisites, if applicable
Complete fundamentals materials
review and prerequisites

I A R I C
Ensure all scheduled attendees are

I I A R C I
present
Facilitate fundamentals review A R I I I
VC''
G'
32/ 61 00ca)
Empowering people who serve the public 0 tyler
technologies
Newark, California
7/ 19/ 2019

5. 3. 2 Current/ Future State Analysis
The City and Tyler will evaluate current state processes, options within the new software, pros and cons of each option based on current or desired state and make decisions about future state configuration and processing.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Current/ Future State Analysis

TYLER CITY
c
L E
v
D
Cn
U wvCL x LuaQx
E
2W v
cv
c
0 O
c O tlD OO OO Y0
p
6-
i
O
O- Q
p
inc
Y
E LN 0
N
p
in
UO ctD
cn c rp
c
O v'Of O0- E cuna Wra c n
N O

0.S O
E
u
v
W
a p a+
E
oO
s
u
v
u S
o
u cm
a,
3 o
v
o
0 w E
L
E
L
o cC
a
L
n
Lux Ln d
c
L- U a 0
a
L'
u
j- d
TASKS
4I v 41 N N 41 N N T
a-=

U I U I U U I U I U I U U U I U I U
Provide Current/ Future State
analysis materials to the Client, as A R I C I I
applicable
Conduct Current & Future State
analysis

A R I C I C
Provide pros and cons of Tyler
Software configuration and A R I C I C
processing options
Make Future State Decisions
according to due date in the Project I I C A R I C I
Plan
Record Future State decisions A R I C I C
33/ 61
Empowering people who serve the public •_ C: tyler
technologies
Newark, California
7/ 19/ 2019

5. 3. 3 Data Conversion Planning & Mapping
This entails the activities performed to prepare to convert data from the City' s Legacy System Applications to the Tyler System. Tyler staff and the City work together to complete Data Mapping for each piece of data ( as outlined in the Assumptions and in the Data Conversion Specifications) from the Legacy System to a location in the Tyler System.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Data Conversion Planning & Mapping

TYLER CITY
Co n
Ln N
LO
furac
C LCa) Qa! QXE
ro
J
C L
to
CCC p
X L
O
O I
0 L
U
C 1ra
O
o Q Qa
E oQ
o
bD 0
a!
U
oaJ
a
inU
C
o s
U
co Ln
U
ca
n
U
C
to
ro
U
C:

N
E
a)
vh0
aJ in
O
J
m
O
C
U
a)
U
p
U
aro
E
CU
a!
x
Q
CL
Q
0 0 U
I—
a)
co
Ucn
a
xv
aJ
o
U
c
C
t
a)
3 o
@ voQ cU vaJ
ij
CU bAo- TAS
KS W W a a- 92 LV a>> w
44147
n
a LL U a 0 w F- a D lJ
U U U U I U I U I U 10 1U Review
data conversion(s) options A R I C C C C Map
data from Legacy System to Tyler
system I
C I A C C R Pull
conversion data extract I I A C C R Run
balancing Reports for data pulled
and provide to Tyler I
I A C R I Review
and approve initial data A
I C R I I extract Correct
issues with data extract, if needed
I
C C I
A
C C R 34 /
61 0
C Empowering
people who serve the public 0 tyler technologies
Newark, California
7/ 19/ 2019

5. 3. 4 Third Party Data Exchange Planning
Standard Data Exchange tools are available to allow clients to get data in and out of the Tyler System with external systems. Data exchange tools can take the form of Imports and Exports, and Interfaces, A Standard Interface is a real- time or automated exchange of data between two ( 2) systems. This could be done programmatically or through an Application Programming Interface ( API). It is Tyler' s responsibility to ensure the Tyler programs operate correctly. It is the City' s responsibility to ensure the Third Party Program operates or accesses the data correctly.

The City and Tyler Project Manager( s) will work together to define/ confirm which Data Exchanges are needed ( if not outlined in the Agreement). Tyler will provide a file layout for each Standard Data Exchange.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Standard Third Party Data Exchange Planning

TYLER CITY
UCLO
aC
N
v
a)
i
N
E
Lnro0
LO
c
c
c X
a E o
O y U C
c COO
M
O O
a
a
c
a
o
E
N Cl)
o
N
v
O
j
a1 a1
a)
c
a O
co
N
ro
a
U
c
co
c i
a J O U
E U E UO n
U U
C CO v
m H
v G1 a) O_
M
p U Vf41 U UN
o
u WC a)
3 Q
L N
ro
WX E d E LLo Gcc f-- v
6 In wvX aL Li-cm LU aO 0 woC Ua) o
a
Q
TASKS
L
a
L L
T
cn
Review Standard or contracted Data

A R C I I C
Exchanges
Define or confirm needed Data

I C A C C R
Exchanges and document
35 61
Empowering people who serve the public ••••`° tyler
technologies
Newark, California
7/ 19/ 2019

5. 3.5 Modification Analysis & Specification
Tyler staff conducts additional analysis and develops specifications based on information discovered during this Stage. The City reviews the specifications and confirms they meet the City' s needs prior to acceptance. Out of Scope items or changes to specifications after acceptance may require a Change Request.

Tyler' s intention is to minimize Modifications by using Standard functionality within the Application, which may require a City business process change. It is the responsibility of the City to detail all of their needs during the 2- Assess and Define Stage. Tyler will write up specifications ( for City approval) for contracted program Modifications. Upon approval, Tyler will make the agreed upon Modifications to the respective program( s). Once the Modifications have been delivered, the City will test and approve those changes during the 3- Build and Validate Stage.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Modification Analysis & Specification, if contracted

TYLER CITY
toLhDO
C
Y N
L ON
W
LO
roC
L
C
C
U
d
w
Q
w
to t' v
a)
O
O
L
C: o o O 0- a
O LO_
E
L n
m t
m
a
U
v
C
2 C)-
C J C
v) Q)
J
o
U
j a) a) C
mU mU
U
tioG
cc Co
01 N a! hL
io i- O
0 UxW
Q1
Q. a) 0L
W
O_ to
co
f=
Lo ccOO
LU a! N
m a) 7U
C
v
VQ)
E
O
Uc Cm
L
3 foCL o LCu
Ua)
O^
L
W a
L
d
L L
in
L
LL
L
G
L Ln Wx Ln c- L L- 7 LU aLO
Q)
0 WC
a) L
TASKS a 7.

Analyze contracted custom program
requirements

A C R C C I C C
Develop specification document( s) A I C R I I I I
Review specification document( s);
provide changes to Tyler, if I C C A R I C C
applicable
Sign -off on specification
document( s) and authorize work

I I A R CL I C
G
Cr
36 / 61
Empowering people who serve the public • 0 0 . tyler
0 technologies
Newark, California
7/ 19/ 2019

5. 3. 6 Forms & Reports Planning
The City and Tyler Project Manager( s) review Forms and Reporting needs. Items that may be included in the Agreement are either Standard Forms and Reports or known/ included Modification( s). Items not included in the Agreement could be either City -developed Reports or a newly discovered Modification that will require a Change Request.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Forms & Reports Planning

TYLER CITY
C
y
CLn
N
al
aJ
E
toruO
J
O
C
W
C
2 c
U
a
W
a
w
E
a)J 1) n LO
MC
M
CO
CD

W CO CO O
O
a OQa
O
C E aJbA a
E
a1
a
N Na
O
iU,,
M
N cM N
L
a
C
a
cov
Co
M
cn a
N
E
U
C Jv C:

N
JraQI
v_
0 o
U
O
E
G
E
N

O U CUU UD
U
o
cG DW
E
M wN
m
pO
01 Nx
Q aJ 0_
o 0O Ua
toa)
ro
U
a
0)
v
UN
o
U
c
UDC--
U 3 a- cD 0
C
LU
Ua)
o
M
w a n
L
w n
wx Ln a U_a UC aO
v
0 wc v a D
TASKS a T T
U U U U U U U U I U U lu
Review and document required
Forms output

A R C I C I
Review and complete Forms options
and submit to Tyler

I I A R C
Review and document in Scope
Reports

A R I C C
Identify additional Report needs I C A R C
Add applicable tasks to Project
Schedule 7

A R I C C I I I
0 37 / 61
Empowering people who serve the public ••••
t' tyler
technologies
Newark, California
7/ 19/ 2019

5. 3. 7 System Deployment
Based on results of Infrastructure Planning, the Tyler technical services team Installs Tyler Applications on the server and ensures the platform operates as expected.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 System Deployment

TYLER CITY
CM`
to
vn
V)
0 O
ro
n
N
E MW C
L O X
wwW
X M
4- N
C
E p OO o
MC
1° CC,
o
o
aa
E+
W 0
ro
v
vo
o
Uc
o
M' ro 41 41 O N
O
E C w C
J 6
O
j 41
E
N
E
C
UO
roU roU
C
O U
GA roC
N
E 41 MU F- O
U
N
N
Q
UOu
o aT oa
v,
E o u
N
v u
C
Uv
E
O
u
N
c
L
3 t''
M0-
of
a
t Uv
p
rL°
wx E a E wo W Lnro ax+ a)
C
tro o W C Uv a
L w rn d w U a 12 w F- a 7)
TASKS T i 2 a T

U U I U I U I U U I U I U U I U U
Install contracted software on server A I R I C
Ensure platform operates as
expected

A I R I C
Create and deliver installation
checklist

I R I C
0 38 61
Empowering people who serve the public tyler
technologies
Newark, California
7/ 19/ 2019

5. 3. 8 Control Point 2: Assess & Define Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the 3- Build & Validate Stage is dependent upon Tyler' s receipt of the Stage Acceptance.

5. 3. 9. 1 Control Point 2- Assess & Define Stage Deliverables Fundamentals materials
o Objective: Provide City with additional background information to support initial, highlevel product awareness and functionality review sessions. o Scope: As appropriate, demonstration documentation designed to aid in product understanding.
o Acceptance criteria: City acknowledges receipt of fundamentals materials.

Completed analysis Questionnaire ( for Current/ Future State Analysis o Objective: Gather and document information related to City business processes for current/ future state analysis as it relates to Tyler approach/ solution. o Scope: Provide comprehensive answers to all questions on Questionnaire( s). o Acceptance criteria: City acceptance of completed Questionnaire based on thoroughness of capturing all City business practices to be achieved through the Tyler Solution.

Data conversion summary and specification documents
o Objective: Define data conversion approach and strategy. o Scope: Data conversion approach defined, data extract strategy, conversion and reconciliation strategy.
o Acceptance criteria: Data conversion document( s) delivered to the City, reflecting complete and accurate conversion decisions.

Modification and/ or Data Exchange specification documents, if contracted o Objective: Provide comprehensive outline of identified gaps, and how the custom program ( Modification - or Data Exchange) meets the City' s needs. o Scope: Design solution for Modification.
o Acceptance criteria: City accepts Custom Specification Document( s) and agrees that the proposed solution meets their requirements.

Completed Forms and/ or Reports options and/ or packages o Objective: Provide specifications for each City in Scope Form, Report and output requirements.
o Scope: Complete Forms package( s) included in Agreement and identify Reporting needs. o Acceptance criteria: Identify Forms choices and receive supporting documentation.

Installation checklist
o Objective: Installation of purchased Tyler Software.
o Scope: Tyler will conduct an initial coordination call, perform an installation of the software included in the Agreement, conduct follow up to ensure all tasks are complete, and complete server system administration training.
c;
39 / 61 •• C 'CE;
Empowering people who serve the public ••• t l er
technologies
Newark, California
7/ 19/ 2019
o Acceptance criteria: Tyler Software is successfully installed and available to authorized users and City team members are trained on applicable system administration tasks.

5. 3. 9. 2 Control Point 2- Assess & Define Stage Acceptance Criteria Tyler Software is Installed
Fundamentals review is complete
Required Form information identifying formats for each Form ( e. g. Purchase Order, Paycheck, etc.) and Report complete and provided to Tyler
Current/ Future state analysis completed; Questionnaires delivered and reviewed Data conversion mapping and extractions completed and provided to Tyler 40/ 61 sc `
c:
c
Empowering people who serve the public 0. tyler
technologies
Newark, California
7/ 19/ 2019

5.4 Build & Validate ( Stage 3)
The objective of the 3- Build & Validate Stage is to prepare the software for use in accordance with the City' s needs identified during the 2- Assess and Define Stage, preparing the City for 4- Final Testing and Training.

5. 4. 1 Configuration & Power User Training
Tyler staff collaborates with the City to complete software configuration based on the outputs of the future state analysis performed during the 2- Assess and Define Stage. Tyler staff will train the City Power Users to prepare them for the validation of the software. The City collaborates with Tyler staff iteratively to validate software configuration.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Configuration & Power User Training

TYLER CITY
v o U)
N
0 0

N N J C
Lv
c
c
U
o
w
a
w
E
W t N Q)
o
0 0
o CO OClD CO
C
O aOQ
a
O
C
tf
E
N O Q1 co 0
U
N
C:

C
Q1
a
N cO to a
oA
C
co
J C N
QJ
vin O
j
N
crro
G 41 C o ro O U ro N OJ N J O U
U cC UO in U
U

C CO N MU F- NO
U
O_ O d M E 0
v
O E N
0 U
W
co
41 3 a
C N
0 x
W
n` u0.. H vnca Wx N CD c O v OC v
w Ln a u U CL 0 w F- a
TAS KS a
Perform configuration A R I R I
Power User Process and Validation

A R I C I C I
training
Validate configuration I C A C R C
00 tyler 41 61
Empowering people who serve the public •®
0 t- cnnologies
Newark, California
7/ 19/ 2019

5. 4. 2 Data Conversion & Validation
Tyler completes an initial review of the converted data for errors. With assistance from the City, the Tyler data conversion team addresses items within the conversion program to provide the most efficient data conversion possible. With guidance from Tyler, the City reviews specific data elements within the system and identifies and reports discrepancies in writing. Iteratively, Tyler collaborates with the City to address conversion discrepancies prior to acceptance.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Data Conversion & Validation

TYLER CITY
L
CLON
Ln t E v
0 ro
L
c
r- a vQ E
J
c
C_
C))
Uwwtw
tw C C O Oy
0)
NE
at
Om
U
O o O
ca. C
ho dD LnO 0
O n CL E c i
Q)
a N UO
c c. W U 2 c N N O ro 0
aJp
v Q Q
to C

U N U W
U
N
p
U C v3 fpQ
N U
L U L6
ao
wx E Q_ E 0m wo
W m
cn wx v o cc co O v oC UaJ p QL w Ln Q_ w U e- 0 w a D TAS KS T a 2 a r' U U 10 10 U 10 1 U I U 10 0101
Write and run data conversion

A I C R C
program against Client data
Complete initial review of data

A I C R I C
errors
Review data conversion and submit

I C I A R C
needed corrections - Iterative
Revise conversion program( s) toA I C R I C
correct error(s) - Iterative I I H
42 61
Empowering people who serve the public 00 G. tyI le r
0 technologies
Newark, California
7/ 19/ 2019

5. 4. 3 Third Party Data Exchange Validation
Tyler provides training on Data Exchange( s) and the City tests each Data Exchange.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Standard Third Party Data Exchange Validation

TYLER CITY
c
y
cLn
w
v
L
aj
E:

LO0
v
O
c
0)
c
2 c
U
n.
w
owon N N O
L
ra
c9
c
O
N
toD
c
O
C
O Od
O O
Q
O
C E: dp D
E
OA N
6 O
a--
c
O
c
j N N C
C
to co U
m
cc
v
to N
MU)
J O
O
U
U
a N Q
O
co
U
Od
U
C Nv 7
G
Uv
C
O v
fO
C
f—
U rD
w 9 o O F- a"i n wa" xi
v
cn
o
a
c
c ccoc
U
3 n_ O
a
0 wCc f- v
o
a
m
OD
TASKS a a
T 7 i'
U U U 0 U U U U U U IU
Train Data Exchange( s) processing in
Tyler Software

A R C I I I C I
Coordinate Third Party Data
Exchange activities

I I A C C R
Test all Third Party Data
Exchange( s)

I C A C I R C
G. tyler 0
43 / 61
Empowering people who serve the public •
C:
i ciinoln: i_
Newark, California
7/ 19/ 2019

5. 4.4 Modification Delivery & Validation, if contracted Tyler delivers in Scope Modification to the City for preliminary testing. Final acceptance will occur during the 4- Final Testing and Training Stage.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Modification Delivery & Validation, if contracted

TYLER CITY
Cra
Ln
Ln
v
Ln
o
C
U
D_
w LU
J
Ln
C
O

MONCC CNC O
N
p
0 O O
NO
E
p
4J
cc
U1 W Q N Q E J CC In
in
M
U
0 C
O
7 N
G
U
a!
N UO N
U U
0 U
ate--+
U
V
QC
G
n
mV F- U vO
x
a 0
L O_ M O O UN
NN
p UN
N
p UC Cco
41 cpQ D U
N
O
LD
GO
w
w n d i U a w H a
CL
TASKS a a s
a a
71 7 u I U U 6 u 10 1 U U I u I u I U
Develop and deliver contracted
custom program( s)

A I C I R I C I C I C
Test contracted custom program( s)
in isolated database

I C C A C R C
Report discrepancies between
specification and delivered I I I A R C C
contracted custom program( s)
Make corrections to contracted
custom program( s) as required

A I C I R I C C I
C.
44/ 61 •• c - C'
Empowering people who serve the public •• E tyler
i' Ch ologies
Newark, California
7/ 19/ 2019

5. 4. 5 Forms & Reports Validation
Tyler provides training on Forms/ Reports and the City tests each Form/ Report.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Forms & Reports Validation

TYLER CITY
UO
C
ate+ N
LO0 LO
C:

M3
U) c
O
o_ CL
x
Q)
x
E oOC
cfO v c C LEtoO nJ+ Q)
E U cO
O m W O L O+ W 0
t
0 0
crcroo
c
Cl)
Q1acO t V)0- OM
E E U
cO u
2: tin
E C J
c
E v coU
60 0
n
a, O
N Q_
u
Q
of
O
C
U Q) U
C
QJ
0 0
U
Q1
C QJ
3 C) a
cn
L N
o
O
to
Lx E E o
Hv v' vx
a
c
sro 0 v oc vu o.
w cn a w U a 0 w a
TASKS a a

U U U U I U I U I U I U U U U
Forms & Report Training A R I C C I
Test Forms & Reports I C C A C R C 7H
EC
45/ 61 •
r.

Empowering people who serve the public •••• tyler
cC( 1f1G 0' SICn
Newark, California
7/ 19/ 2019

5.4.6 Control Point 3: Build & Validate Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the 4- Final Testing & Training Stage is dependent upon Tyler' s receipt of the Stage Acceptance.

5. 4. 6. 1 Control Point 3- Build & Validate Stage Deliverables Initial data conversion
o Objective: Convert Legacy System data into Tyler System. o Scope: Data conversion program complete; deliver converted data for review. o Acceptance criteria: Initial error log available for review.

Data conversion verification document
o Objective: Provide instructions to the City to verify converted data for accuracy. o Scope: Provide self -guided instructions to verify specific data components in Tyler System.
o Acceptance criteria: The City acknowledges data conversion delivery; the City completes data issues log.

Installation of Modifications on the City' s server(s)
o Objective: Deliver Modification( s) in Tyler Software. o Scope: Program for Modification is complete and available in Tyler Software, Modification testing.
o Acceptance criteria: The City acknowledges Delivery of Modification( s) meeting objectives described in the City -signed specification.

Forms & Reports Delivered
o Objective: Provide Forms & Reports for review.
o Scope: Installation of all Forms & Reports included in the Agreement. o Acceptance criteria: City acknowledges that Forms & Reports available in Tyler Software for testing in Stage 4.

5. 4. 6. 2 Control Point 3- Build & Validate Stage Acceptance Criteria Application configuration completed
Forms & Reports delivered and available for testing in Stage 4 Data conversions ( except final pass) delivered
Third party Data Exchange training provided and tested
Modifications delivered and available for testing in Stage 4 The City and Tyler have done a review of primary configuration areas to Validate completeness and readiness for testing and acceptance in Stage 4
o
46 61
Empowering people who serve the public • 0 0 C. tyler
0 iechnologies
Newark, California
7/ 19/ 2019

5. 5 Final Testing & Training (Stage 4)
During 4- Final Testing and Training, Tyler and the City create and review the final Production Cutover Plan deliverable. A critical Project success factor is the City understanding the importance of 4- Final Testing and Training and dedicating the resources required for testing and training efforts in order to ensure a successful Production Cutover.

5. 5. 1 Cutover Planning
The City and Tyler Project Manager( s) discuss final preparations and critical dates for Production Cutover.

Tyler delivers a Production Cutover Plan to outline cutover tasks to help prepare the City for success.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 Cutover Planning

TYLER CITY
ca a o
N aJ
E
J raC_
N U w w
W W n o
0 c O 2
tv 0c 0
ono 0) Ln
C
o
O
aE v
j
O p
09 Uc
m
Na
U
a u u
C
L
m
a S a E o a) u c
co co0 s umaJ
w 9 a` 5
i- a cnm a) X v o c7 L 0O 01 QC ua) o Q
L- w cn a U- U a 0 w a ZD
TASKS
a a
a
v
a aT
a a
a
v v
a
v
47 Cutover Planning Session A R C I C C C C MCC C
Develop Production Cutover Plan A R C I I I C I C I I
ell
0% tyler 47 61
Empowering people who serve the public 0 0
technologies
Newark, California
7/ 19/ 2019

5. 5. 2 User Acceptance Testing ( UAT)
The City performs User Acceptance Testing to verify software readiness for day- to- day business processing. Tyler provides a Test Plan and Test Scripts for users to follow to ensure proper Validation of the system.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 User Acceptance Testing (UAT)

TYLER CITY
C
N
N
to
J
O
41 raC N
CO
U wQ)x
NCL
LU
E
to N aCN Ln
C
O
L
C
O q0 O O Q ON in to U C
tw
41 OQa
cO Q E C J C L N
J
v
5 0O
j
7 N
U
N
E
C
U
Ozicn M
C
U
C
5 O v
N v L
O U
N
X Q N Q a- co O
p UN
Nv7
to
y7i
U
N
U41
p
U
C MppC
41 3 o
L
U
NU
w a V) x
N
n t O
J c Oj a
TASKS a
CJ U I U I U I U U 010 10 U lu
Create and Deliver Test Plan for
User Acceptance Testing

A R C I I
Deliver Test Script templates A R C I I
Finalize Test scripts I C A R C C
Perform User Acceptance Testing I C A R C C C I I C I
Accept custom program( s), if
applicable

I I I A R C I C C
Validate Report performance I C C A C R C
48/61tyler Empowering people who serve the public 0 0 .. ieciuiologies
Newark, California
7/ 19/ 2019

5. 5. 3 End User Training
End Users attend training sessions to learn how to utilize Tyler Software. Training focuses primarily on day-to-day City processes that will be delivered via group onsite training. Secondarily, auxiliary functions may be trained by webinar or eLearning.

Tyler provides one ( 1) occurrence of each scheduled End User training or implementation topic with up to ten to twelve users, or as otherwise mutually agreed. City users who attended the Tyler sessions may train any City users not able to attend the Tyler sessions or additional sessions may be contracted at the applicable rates for training.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE End User Training

TYLER CITY
C
y U,
N
ice+ E
0 a)
C
0O
C
c
N
C Q NQ
W
E
O
OD CC
U
C
W
C b4O L' O O
OJ
U
E
N
C0
toc
c
ro
O
o Mc
O
1pco to a
a
c
QO' Oc a` tom
0 Mv m cOo vD
o
O
C
CN C C`
O
M
cn Q
Q) U
C
cc
J
C
i
N
a- U
J C U
EuEy
4J T

O U U G C
t'
CO N
a) Q N Q p
cc
U NQJ U N UN U C N to S U41
W d
L

LCL G N X
W n n. LL7 UC dO W d
TASKS a a a a
Provide End User training sample
A R I I I I I materials
Finalize End User training materials I C C R I I I
Conduct End User training sessions A R
IcI I I I I
Conduct additional End User training
I Tig I I I I
sessions
tyler 49/ 61
Empowering people who serve the public ••••
technologies
Newark, California
7/ 19/ 2019

5. 5. 4 Control Point 4: Final Testing & Training Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the 5- Production Cutover Stage is dependent upon Tyler' s receipt of the Stage Acceptance.

5. 5. 4. 1 Control Point 4- Final Testing & Training Stage Deliverables Production Cutover Plan
o Objective: Provide a detailed checklist outlining tasks necessary for Production Cutover. o Scope: Dates for final conversion, date( s) to cease system processing in Legacy System, date( s) for first processing in Tyler System, and contingency plan for processing. o Acceptance criteria: City acknowledges the Plan delivery including definition of all preproduction tasks, assignment of owners and establishment of due dates.

User Acceptance Test Plan
o Objective: Provide test plan that describes the scope, approach, resources and schedule for testing activities.
o Scope: Test plan documentation based on agreed -to phase goals and objectives from implementation management plan.
o Acceptance criteria: City acknowledges that Test Plan has been provided for Phase.

Test Scripts
o Objective: Provide testing steps to guide users through testing business processes in Tyler Software.
o Scope: Testing steps for Standard business processes. o Acceptance criteria: City acknowledges that Testing steps have been provided for Standard business processes.

End User Training Materials
o Objective: Provide sample end user training manuals based on prior implementations of City' s identified de -centralized business processes.
o Scope: Documents that may be edited to conform to City' s planned End User Training goals and objectives.
o Acceptance criteria: City acknowledges that End User Training Materials have been provided for decentralized business processes.

5. 5. 4. 2 Control Point 4- Final Testing & Training Stage Acceptance Criteria Production Cutover Plan delivered and reviewed
Modification( s) tested and accepted, if applicable
Standard Third Party Data Exchange programs tested and accepted Forms & Reports tested and accepted
User Acceptance Testing completed
End User training completed
0 0C
61 Empowering people who serve the public •:
0 technologies
Newark, California
7/ 19/ 2019

5. 6 Production Cutover (Stage 5)
The City and Tyler resources complete tasks as outlined in the Production Cutover Plan and the City begins processing day- to-day business transactions in the Tyler Software. Following Production Cutover, the City transitions to the Tyler Support team for ongoing support of the Application.

5. 6. 1 Final Data Conversion
The City provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final data conversion. The City may need to manually enter into the Tyler System any data added to the Legacy System after final data extract.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Final Data Conversion

TYLER CITY
LQ1
C
ate-+ Ln
N
I E
of
M
J
0O
C U) C a a)
W
C
v
M C N
U
C
W
C
0 O O
W0) LO
y L to 0 Omo
C
M
C)
M oL
O
C Q
E
on M Mao
C Ln O 0 C 1
in
O
E U OU o2S U
W E
m
O
O
0)
UO
U
a
U
C
o
O J
3 a
D
Ucu
WX d 0M LZo cL I— v Nm vX
v cC M O Wa% oC U0)- o n
W L/) d W U a 0 W H a D
TASKS
a) v
a
v
a a
v
a a
a
a
v
a
Provide final data extract C I I I A I C I I I I I I R
Provide final extract balancing
I I A C R I Reports
Convert and deliver final pass of

A I I R I I I C
data
Validate final pass of data I C C I A RC
Load final conversion pass to
tc, environment

I I I AC R
0e t ler 51 / 61
Empowering people who serve the public •••®
technologies
Newark, California
7/ 19/ 2019

5. 6. 2 Production Processing & Assistance
Tyler staff collaborates with the City during Production Cutover activities. The City transitions to Tyler Software for day -to day business processing.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Production Processing & Assistance

TYLER CITY
L
C
y
L N
LO
to
c
C L
a
N
E
E
r
J C
N U
ax
L N
V) O
O
o C
C
o LC o
O LO E
o,n cLL
Co
a o o
0 U
6 O
C0 C
v N N
V) C ate'. t] D

U O V U LJ
N a p O. p u Nv v— N u
Co 3 a a
s N tin x
E E o
I- a cnro a X
v 0
L c7 t O N C u41 0L
CL L L L L L L L L Uj rn d L. L U a- w d D
TASKS a a
U U U U u u u u U U U
Production processing C

TR I I A R I R R R R I I
Provide production assistance A C I C C C C C C
t • cam
52/ 61
Empowering people who serve the public yler c:hnologies Newark, California
7/ 19/ 2019

5. 6.3 Transition to Tyler Support
Tyler Project Manager(s) introduce the City to the Tyler Support team, who provides the City with day-today assistance following Production Cutover.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Transition to Tyler Support

TYLER CITY
o N
t
N a)
E
J
o
C
v
O
aJ
X
a! E
C
C
L
t10
U WUJ
C
O doO t
Q
v
a) 0
v
N OnM
OmU C
Co+ O hnra O O 0o
0 c c' c
oa
E o°Jn M v
O
2 v cn
N
c. 1 L
aJ
v
J
O
a) a1 U
C C coU ra
Ug6
U cc co Ln a! Ln O
aJ
v
ao
a
a° o u u onc
a
t
ro
cvM v
a- N a) O
s a1 c
53/
Conduct
Develop
TASKS
61 internal
transfer
support
to support
plan
meeting A I C
I
a
R
CJ
W
I U
N
A
I U
W
CCC
R
U
W
C
U
U
C
d
U
C
C
0 U
C
I
W
U
I IC
U I
1171
d
O d
Empowering people who serve the public •••• tyler G
technologies
Newark, California
7/ 19/ 2019

5. 6.4 Schedule Post -production Services
Tyler provides post -production services. Prior to scheduling services, the Tyler Project Manager( s) collaborate with the City Project Manager( s) to identify needs.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Schedule Post -production Services, if applicable

TYLER CITY
L
C
N N
Ln0
41 E_
O O
v
C
CnO Na_ Q- w wx
J C
o
L
0 U
b0p 0 O
v
aci
E 0
ro
c o ma
oCl) o
ac
Q
c
O
a Q
2 O
01 E:

N
03 E UO
O
toU
Cn
U
Z) OU
tlA
C
CM
N
E:
v
N
rO O
U
NO
Q
U C
Q
in C
U NN
N
U
C U
N
p
O
U C
3 f9
N U
S
V
41 bD
w a p I— cn X c7 Lca O N aC Nc p^ fl
TASKS a T
U U U 010 10 0 0 U U U
Identify topics for post -production

C C A R I C I
services
Schedule services for post -

A R I C C I C I
production topics
C
54 / 61
Empowering people who serve the public 0• 0 Ei tyler
teclimloEics
Newark, California
7/ 19/ 2019

5. 6.5 Control Point 5: Production Cutover Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the 6- Phase/ Project Closure Stage is dependent upon Tyler' s receipt of this Stage Acceptance.

5. 6. 5. 1 Control Point 5- Production Cutover Stage Deliverables Final data conversion, if applicable
o Objective: Ensure ( in Scope) accurate Legacy System data is available in Tyler Software in preparation for production processing.
o Scope: Final passes of all conversions completed in this Phase. o Acceptance criteria: City acknowledges that accurate data is available in production environment.

Support transition documents
o Objective: Define strategy for on -going Tyler Support. o Scope: Define support strategy for day- to- day processing, conference call with the City Project Manager( s) and Tyler Support team, define roles and responsibilities, define methods for contacting Support.
o Acceptance criteria: I City acknowledges receipt of tools to contact Support and understands proper support procedures.

5. 6. 5. 2 Control Point 5- Production Cutover Stage Acceptance Criteria Final data conversion( s) delivered
Processing is being done in Tyler Software, production environment Transition to Tyler Support is completed
Post -live services have been scheduled
9)C
0 0- tyl.11nologieser 55 61
Empowering people who serve the public ••• o c•
Newark, California
7/ 19/ 2019

5. 7 Phase/ Project Closure ( Stage 6)
Project or Phase closure signifies full implementation of all products purchased and encompassed in the Phase or Project. The City moves into the next cycle of their relationship with Tyler ( next Phase of implementation or long- term relationship with Tyler Support).

5. 7. 1 Close Phase/ Project
The City and Tyler Project Manager( s) review the list of outstanding Project activities and develop a plan to address them. The Tyler Project Manager( s) review the Project budget and status of each contract Deliverable with the City Project Manager( s) prior to closing the Phase or Project.

RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 6 Close Phase/ Project

TYLER CITY
v
c
t
V) v
0 J
0o
ru
C: a
a)
E
C, E
C_
D C)
MC tf V M U C
m
O
m N
O
Q
aC
U_ ON
Q
O
E ti0
oO
f0
a)
Np O
M 1 N N O Ln COLE J C in
M
J
O
UJ U
E
N
E
CO
U
cDu uO
U
m
fDc
to N
E
N
v
O
v
Z3
N
Q1
Q
N N
Q
in v=
p
C
U
N P
U
C
U
U
N
o
O
U
c
C 4J3 0 fl
U
L
U
a)
on
Lux
E E m o
a
cnro a X 4- c7 Ca O 41 aC u41 oL
flw in a ti U 0- 0 w a D

TASKS T
Review outstanding Project activities
and document a " Post Go- Live A R C C C I C I C
Action Plan"
Create Project/ Phase reconciliation

A R C I I C
report
Review Project budget and status of

A R I I C
contract Deliverables
56 / 61
Empowering people who serve the public
E0 •••. tyler
Technologies
Newark, California
7/ 19/ 2019

5. 7. 2 Control Point 6: Phase/ Project Closure Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. This is the final acceptance for the Phase/ Project.

5. 7. 2. 1 Control Point 6- Phase/ Project Closure Stage Deliverables Phase/ Project reconciliation report
o Objective: Provide comparison of contract Scope and Project budget. o Scope: Contract Scope versus actual, analysis of services provided and remaining budget, identify any necessary Change Requests or Project activity. o Acceptance criteria: Acceptance of services and budget analysis and plan for changes, if needed.

5. 7. 2. 2 Control Point 6- Phase/ Project Closure Stage Acceptance Criteria Outstanding Phase or Project activities have been documented and assigned Phase/ final Project budget has been reconciled
Tyler Deliverables for the Phase/ Project are complete, and all critical Project items have been addressed
57 / 61 •
Empowering people who serve the public ••' 0 tyler
technologies
Newark, California
7/ 19/ 2019
6 * Glossary
ora or i erm P_;etinition
Application A computer program designed to perform a group of coordinated functions, tasks or activities for the benefit of the user.

Change Control A systematic approach for managing change governing how Change Requests will be received, assessed and acted on. While described in the Implementation Management Plan, the Change Control process allows for project questions and concerns to be identified and evaluated. Project Managers will attempt to resolve all items and will escalate to Executive Management should any items threaten Project Scope ( cost, timeline, etc.) Change controls will be archived in the Change Register.

Change Management An approach for ensuring that changes are thoroughly and smoothly implemented and that the lasting benefits of change are achieved. The focus is on the global impact of change with an intense focus on people and how individuals and teams move from the current situation to the new one.

Change Request A Form used as part of the Change Control process whereby changes in the Scope of Work, timeline, resources, and/ or budget are revised and agreed upon by participating parties.

Change Register Item log used for tracking Change Requests as identified and managed throughout the project.

Consumables Items that are used recurrently, usually by Peripherals. Examples: paper stock or scanner cleaning kits.

Control Point Occurring at the end of each Stage, the Control Point serves as a formal Client review point. Project progress cannot continue until the Client acknowledges the agreed upon Deliverables of the Stage have been met or agree on an action plan to make the Deliverable acceptable and move to next Stage while executing final steps of the current Stage.

Current / Future State
Analysis
Cutover The point when a Client begins using Tyler Software in Production.

Data Exchange A term used to reference Imports and Exports, and Interfaces which allow data to be exchanged between an external system and Tyler Software.

Data Exchange document Requirements document that defines needed attributes or characteristics for a custom interface, or data exchange.

Data Conversion A document outlining the standard data conversion input specification Specification and addressing any pre -defined frequently asked questions and j assumed roles and responsibilities.

Data Mapping The process of mapping fields from the Legacy System to the I
I appropriate location in the new system from one or more sources. 58 / 61 o
Empowering people who serve the public tyler
iechr'dogies
Newark, California
7/ 19/ 2019
Deliverable A tangible or intangible object/ document produced as a result of the Project that is intended to be delivered to a Client ( either internal or external) at a specific time.

End User The person for whom the software is designed to use on a day- to- day basis.

End User training materials A manageable package of training materials intended as reference or j guide for education and knowledge transfer on decentralized processes. Project materials are customized based on samples provided by Tyler consultants.

Forms A document which is typically printed on a template background and only captures data for one record per page. Forms are provided to entity customers whether internal ( employees) or external ( citizens).

Fundamentals materials When applicable, documentation that provides overview of application, module or feature functionality. The fundamentals materials are intended to provide additional references ahead of Assess & Define j Forms document
stage activities.

Requirements document that defines needed attributes or characteristics for a custom form.

Imports and Exports A process within the system that a user is expected to run to consume Import) or produce ( Export) a specifically defined file format/ layout.

Interface A real- time or automated exchange of data between two ( 2) systems.

Implementation i A series of worksheets that serve as the primary means for managing Management Plan 1 the Implementation. This deliverable includes a schedule recap, scope items recap ( e. g. conversions, interfaces, modules/ products, etc.), an Item Log, a Change Control Log, a Communications Plan, etc.

Install References the initial Installation of software files on Client servers and I preparing the software for use during configuration. The version currently available for general release will always be used during the initial Install.

Legacy System The system from which a Client is converting.

Modification Modification of software program package to provide individual client requirements documented within the Scope of the Agreement.

Peripherals
Phase
Post Go -Live Action Plan
59/ 61
An auxiliary device that connects to and works with the computer in some way. Examples: mouse, keyboard, scanner, external drive, microphone, speaker, webcam, and digital camera.

A portion of the Project in which specific set of related products are typically implemented. Phases each have an independent start, Production Cutover and closure dates but use the same
Implementation Plans as other Phases within the Project. Phases may overlap or be sequential and may have the same Tyler Project Manager or different individual assigned.

Developed as part of phase or project closure activities, specific update to project schedule or implementation management plan to help guide tasks and activities required after initial production cutover. i
c
41 *
Empowering people who serve the public ' O tyler
technologies
Newark, California
7/ 19/ 2019
Power User An experienced Client person or group who is ( are) an expert( s) in the Client business processes, as well as knowledgeable in the Production Cutover Plan
Project
Project Plan
Project Planning Meeting
Questionnaire
requirements and acceptance criteria.

A document that tracks detailed steps, roles and responsibilities required for the successful transition from pre - Live to Live Production with the data and solution.

The Project includes all implementation activity from 1- Initiate & Plan to 6- Phase/ Project Closure for all products, Applications and functionality included in a single Agreement. The Project may be broken down into multiple Phases.

The Project Plan serves as the master blueprint for the Project. As developed, the Project Schedule will become a part of the Project Plan and outline specific details regarding tasks included in the Project Plan.

Occurs during the 1- Initiate & Plan Stage to coordinate with the Client Project Manager to discuss Scope, information needed for Project Lcheduling and resources.

A document containing a list of questions to be answered by the Client for the purpose of gathering information needed by Tyler to complete the implementation.

RACI A chart describing level of participation by various roles in completing tasks or Deliverables for a Project or process. Also known as a responsibility assignment matrix ( RAM) or linear responsibility chart LRC).

Reports Formatted to return information related to multiple records in a structured format. Information is typically presented in both detail and summary form for a user to consume.

Reports document Requirements document that defines needed attributes or characteristics for a custom report.

Scope Products and services that are included in the Agreement.

Stage The top- level components of the WBS. Each Stage is repeated for individual Phases of the Project and requires acknowledgement before continuing to the next Stage. Some tasks in the next Stage may begin before the prior Stage is complete.

Stakeholder Presentation Representatives of the Tyler implementation team will meet with key Client representatives to present high level Project expectations and outline how Tyler and the Client can successfully partner to create an environment for a successful implementation.

Standard Included in the base software ( out of the box) package.

Statement of Work (SOW) I This document, as defined in the Agreement.

System Hardware System configuration and requirements documentation available on Specifications check.tylertech. com.

Test Plan i Describes the testing process. Includes " Test Cases" to guide the users through the testing process. Test cases are meant to be a baseline for core processes; the Client is expected to supplement with Client specific scenarios and processes.
60/ 61 ®'
Empowering people who serve the public tyler 0
c:
technologies
Newark, California
7/ 19/ 2019
Test Scripts ( and Test Testing reference documents that provide step- by- step guidance on Script templates) execution of test scenarios.

Software Upgrade References the act of updating software files to a newer software release.

Validation ( or to validate) The process of testing and approving that a specific Deliverable, process, program or product is working as expected.

Work Breakdown Structure A hierarchical representation of a Project or Phase broken down into WBS) smaller, more manageable components.

Note: For all capitalized words contained in this Statement of Work, if they are not defined in this Glossary, the definition that applies is in the Agreement. 61/ 61 • tyler Go Empowering
people who serve the public •••• t2dinologies
0 tyler
technologies
TO: Michelle Villanueva
Accountant, City of Newark
FROM: Brian Lynn
Corporate Attorney, Tyler Technologies Inc.

DATE: July 31, 2019
RE: New World License & Services Agreement
Please find enclosed two ( 2) original, partially -executed copies of the Agreement referenced above. If you would please have these signed at your earliest convenience and email a fully -executed copy to me at my email address below, it would be very much appreciated. Thank you very much, please let me know if you have any questions or concerns.

Sincerely,
Brian Lynn/
Corporate Attorney
Tyler Technologies
1 Tyler Drive
Yarmouth, ME 04096
Phone: 800. 772. 2260 ext. 4066
Email: brian.lynn@tylertech. com
Item D. 10.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM Art Interiano, Deputy Community Development Director SUBJECT Resolution of the City Council of the City of Newark Authorizing the City Manager to Execute the Fourth Amendment to the Contractual Services Agreement with Stantec Consulting Inc. to Provide Professional Environmental Services.

SUMMARY AND RECOMMENDATION
The Mowry Village project is currently under review for development entitlements from the City. A public hearing to consider the requested entitlements will be held by City Council under a separate item on the agenda for this meeting. An environmental analysis has been completed for the project as required by State CEQA guidelines.

Since the environmental analysis is the applicant's responsibility to fund, a reimbursement agreement was established to cover the associated costs. Staff is requesting a fourth amendment to the contractual service agreement with Stantec Consulting Inc. be approved, which would complete the full scope of work outlined in the original contract services agreement. The amendment would increase the contract budget by $6,000.00. There is no cost to the City's General Fund associated with this request.

Staff recommends that the City Council authorize the City Manager to execute the fourth amendment to the contractual service agreement with Stantec Consulting Inc. to provide professional environmental services for the review of the Mowry Village project.

BACKGROUND
The City is considering a development entitlement application submitted by The Mowry Project Owner LLC, the developer. The developer proposes to build 196 single-family homes and 31 affordable multifamily housing units on properties located west of the Silliman Center, on land currently occupied by Pick-N-Pull, an automobile dismantling and retail business, as well as vacant land (the "Project"). As part of the review of the development application, an Environmental Impact Report (EIR) was determined to be necessary. The assessment of environmental impacts requires specialized consultant services for preparing an EIR, in accordance with the requirements of the California Environmental Quality Act (CEQA).

DISCUSSION/ANALYSIS
As part of reviewing the development application, it was determined that an Environmental Impact Report (EIR) is required. The assessment of environmental impacts needs specialized consulting services for preparing an EIR, in accordance with the requirements of the California Environmental Quality Act (CEQA). On June 10, 2021, the city approved a contract in the amount of $169,708.00 to hire Stantec Consulting Inc. to perform the necessary environmental analysis. Since then, several budget amendments have been made to the contract as the project continued its entitlement review process with the City.

On October 13, 2022, the City approved the first amendment to the contract. Given the history of the Area 3 & 4 Specific Plan and a determination that a comprehensive environmental analysis was needed, staff recommended completing an Environmental Impact Report (EIR) instead of the original approach of a Focused EIR, which would have limited the environmental review to specific topics. The first amendment change to the contract increased by $162,106.00. The second amendment, in the amount of $69,708.00, included additional requested services to Tasks 1, 2, and 3, generally providing more review time related to preparing responses to public comments, the draft Mitigation Monitoring and Reporting Program (MMRP), and additional time for project management. The third Amendment, in the amount of $135,000.00, was requested to review a project change that incorporated a new location for the main water line and added an affordable housing building to the project. The remaining contractual tasks associated with the contract primarily involve completing the remaining work related to public hearings. Given that the project review has taken longer than initially expected, which incurred additional project management costs, Stantec is requesting an additional $6,000.00 to complete final close-out tasks. The proposed contract amendment would adjust the not-to-exceed amount to increase from $542,072.00 to $548,072.00. There will be no City cost associated with this request.

Community Development staff is recommending that Stantec Consulting Services Inc. continue to perform the required services as described in the initial Contract Agreement (Exhibit A), including the request for additional services in the Fourth Amendment to Contractual Service Agreement (the “Agreement”) contained in Exhibit B of the Resolution.

FISCAL IMPACT
There is no fiscal impact on the General Fund associated with this item. All costs associated with the Project, including the costs associated with Stantec Consulting Inc. related to the environmental analysis, are paid by the developer via a reimbursement account. The developer’s reimbursement account contains sufficient funds to cover this amendment, no budget adjustment is required.

ENVIRONMENTAL/PLANNING COMMISSION REVIEW
A contract amendment is not considered a Project under CEQA. Therefore, no environmental review is required for this item.

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FOURTH AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT WITH STANTEC
CONSULTING SERVICES INC. TO PROVIDE

PROFESSIONAL ENVIRONMENTAL SERVICES
WHEREAS, On June 10, 2021 (Resolution 11209), the City of Newark awarded a Contractual Services Agreement (the “Agreement”) to Stantec Consulting Services Inc. (the “Consultant”) to provide professional environmental services; and WHEREAS, On October 13, 2022 the City approved the first amendment to the contract services agreement with Stant increased the not to exceed amount from $169,708 to $331,814 for additional services; and
WHEREAS, On October 26, 2023 the City approved the second amendment to the contract services agreement with Stantec increased the not to exceed amount from $331,814 to $401,072 for additional services; and
WHEREAS, On May 9, 2024 the City approved the third amendment to the contract services agreement with Stantec increased the not to exceed amount from $401,072 to $542,072 for additional services; and
WHEREAS, the City finds that the scope of services described in the Agreement continue to be necessary and desires to amend the Agreement to provide additional funding for the existing scope of services to be provided by the Consultant as listed in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager is hereby authorized to execute the fourth amendment to the Contractual Services Agreement with Stantec Consulting Services Inc., in a form approved by the City Attorney, to provide technical assistance by individuals possessing experience consistent with minimum qualifications provided by the City and to increase the not to exceed amount of the Agreement by $6,000 for a total not to exceed amount of $548,072.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take all other actions consistent with this Resolution, including any necessary revisions to the scope of work for the Agreement, in a form approved by the City Attorney, that are within the total not to exceed amount of $548,072.

AUTHORIZATION FOR ADDITIONAL SERVICES
V:\1857\active\185705508\01_management\proposal\CO_5_11032025\stantec_mowry_CO4_04152024.docx Date 3 November 2025
“Stantec” Stantec Consulting Services Inc. Stantec Project # Stantec Proj. No. 185705508 Stantec Pipeline # 825195
2999 Oak Road, Suite 800, Walnut Creek, CA 94597
Ph: (925) 285-6541
email: [email protected]
Client CIty of Newark Client Project # N/A.
337101 Newark Blvd, Newark, CA 94560
Ph: (510) 578-4331
email: [email protected]
Project Name and
Location:

Mowry Village Project Change Order # Change Order No. 5 This is authorization for Stantec to perform additional services on the project as noted above.

A. Stantec agrees to perform the following additional service(s):

Stantec Consulting Services Inc. (Stantec) is providing the following scope of work for continued support and preparation of the Environmental Impact Report (EIR) for the Mowry Village Project (Project).

The Mowry Village Project EIR (2023 EIR) (State Clearinghouse No. 2021110436) Draft EIR was previously circulated from August 2, 2023 to September 18, 2023, and is scheduled to be recommended for certification by the Newark Planning Commission in November 2025 and certified by the Newark City Council in December 2025. At the request of the City, Stantec has prepared this proposal to support City Staff in preparation of the Findings of Fact for the Project and continued project management support and response to agency and public comments received on the Project following publication of the Planning Commission staff report in October 2025.

Stantec’s existing scope of work is outlined in the fully executed June 10, 2021 executed agreement between Stantec and the City (contract value: $169,708), Change Order 1 executed on November 1, 2022 (additional budget:
$162,106), Change Order 2 executed on August 9, 2023 (additional budget: $5,500), Change Order 3 executed on November 14, 2023 (additional budget: $69,758), Change Order 4 executed on May 20, 2024, for a total contract budget of $542,072. Under this proposed Change Order 5, Stantec is requesting an additional $6,000 to prepare the Findings of Fact, agency comment responses, and continued project management. Upon execution of this proposed $6,000 Change Order 5, the total Mowry Village Project contract value would be $548,072.

Scope of Work
Task 400.005: Project Management and Meetings ($6,000 budget augment request) Members of Stantec’s Project Management Team will attend up to 6 Project check-in meetings to discuss comments received on the Project following publication of the October 2025 Staff Report. Stantec will work with the City to provide written and oral responses to agency and public comments received after publication of the October 2025 Staff Report.

This scope assumes responses to no more than 12 individual comments. Regular email communications and status updates involving the Stantec Project Manager and City staff, either by virtual conference call or email, are anticipated throughout attendance at the December 2025 City Council hearing. This task also consists of the ongoing management activities that ensure Stantec’s ability to keep the project running smoothly on time, and within budget, as outlined in the original contract. It is assumed all other Project meetings, Project check-ins, and document review meetings will be virtual. Additionally, Stantec will prepare the Draft Findings of Fact document for the Project for City review and finalization. This scope assumes two rounds of city comments on the Draft Findings of Fact document. Stantec will prepare written findings for each significant effect identified in the EIR as a separate document, pursuant to CEQA Guidelines Section 15091.

B. Client agrees to compensate Stantec for such additional services in accordance with the terms of the initial agreement for additional amount(s) stated below:

Exhibit A
AUTHORIZATION FOR ADDITIONAL SERVICES Page 2
V:\1857\active\185705508\01_management\proposal\CO_5_11032025\stantec_mowry_CO4_04152024.docx The time and materials fee for providing the additional scope of work described herein is $6,000.

Note that Stantec’s $6,000 fee does not include any additional City of Newark staff administrative fees that may be applicable to the Applicant. This change order does not account for any scope or fees associated with an appeal should the Project be appealed following the second public hearing outlined in the original Project contract executed June 10, 2021.

Below is a summary of the original contract budget, Change Order 1 budget, Change Order 2 budget, Change Order 3 budget, Change Order 4 budget, all fully executed, as well as this proposed Change Order 5 budget.

Contract Contract Execution
Date
Contract
Amount
Original Mowry Village Project Contract June 10, 2021 $169,708 Change Order 1 November 1, 2022 $162,106
Change Order 2 August 9, 2023 $5,500
Change Order 3 November 14, 2023 $69,758
Change Order 4 May 20, 2024 $135,000
Existing Total Contract Budget $542,072
Proposed Change Order 5 (November 3, 2025) $6,000
Total Contract Budget $548,072
C. All other terms and conditions of the original agreement shall remain in full force and effect.

Effect on Schedule: Stantec is available to begin work described herein immediately upon execution of this change order. Stantec will maintain a detailed working Project schedule with the City.

By signing below, the parties agree and affirm that each has reviewed and understands the provisions set out above and that each party shall be bound by each and all of said provisions. A copy of this agreement shall serve and may be relied upon as an original.

AUTHORIZATION FOR ADDITIONAL SERVICES Page 3
V:\1857\active\185705508\01_management\proposal\CO_5_11032025\stantec_mowry_CO4_04152024.docx Stantec Consulting Services Inc. CIty of Newark
Print Name and Title Print Name and Title
Signature Signature
Date Signed: Date Signed:

Print Name and Title Print Name and Title
Signature Signature
Date Signed: Date Signed:

Item E. 1.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM Art Interiano, Deputy Community Development Director SUBJECT Hearing to consider the Mowry Village project entitlements including the following actions to approve:
(1) Resolution for revision of the Area 3 and 4 Specific Plan, (2) Resolution for revision of the General Plan land use for a .84 acre portion of project site from Low Density Residential to High Density Residential, (3) Ordinance to rezone project site from Park to Residential Low Density, (28.26 Acre) and Residential High Density (.84 Acre), (4) Ordinance establishing a Planned Development Overlay District, (5) Resolution for Design Review, (6) Resolution for Vesting Tentative Map (8517), (7) Resolution for Alternate Means of Compliance, (8) Resolution for Density Bonus, and (9) Resolution certifying the Final Environmental Impact Report (SCN 2021110436) for the Mowry Village residential subdivision project generally located at 7400 & 7550 Mowry Avenue, consisting of APN’s 537-0850-001-11, 537-0850-001-13, and 537-0850-002-00.

SUMMARY AND RECOMMENDATION
The Mowry Project Owner, LLC (applicant) has submitted an application for a 196 unit single-family dwelling subdivision and 31 unit (1-manager unit) affordable housing building (“project”) on an approximately 29-acre site located at 7400 & 7550 Mowry Avenue. The project would replace an existing business known as Pick N’ Pull, an auto dismantling yard. The applicant is requesting various entitlements to approve their project. In order to consider this project for approval, the City must first evaluate the environmental impact of the project per CEQA guidelines.

Subsequently, the City will need to make findings that the project can be approved for a General Plan Amendment, Specific Plan Amendment, Rezoning, Planned Development Overlay District, Design Review, Alternate Means of Compliance, Density Bonus and a Vesting Tentative Map to be consistent with the City’s regulations.

As part of the City’s review of the project, an Environmental Impact Report (EIR) was conducted to determine what impact this project would have on the existing environment, as required by the California Environmental Quality Act (CEQA). The EIR analysis was based on 20 environmental resource areas that could be potentially impacted. The EIR concluded that the project would create one significant unavoidable impact. The unavoidable significant impact was identified as part of the project's traffic analysis. Per the Traffic resource section, it was concluded that the Vehicle Miles Traveled (VMT) threshold applicable to this project had been exceeded and that no mitigation measures were available to reduce the traffic impacts to less than significant while meeting the project's objectives.

If the City Council accepts the conclusion of the Final Environmental Impact Report (FEIR), it shall also consider approving a Statement of Overriding Considerations (SOC). The SOC establishes that the project's economic, legal, social, technological or other benefits outweigh the unavoidable significant environmental impacts identified in the EIR.

If the City Council subsequently determines that the FEIR is acceptable, it may proceed to evaluate the project's required entitlements, which are described below.

The project is located in the Area 3 & 4 Specific Plan which lists the subject site, located in Sub Area D, as designated for Golf/Recreation. Therefore, the applicant seeks an amendment to allow the proposed project to allow residential uses in Sub Area D under the Area 3 & 4 Specific Plan. In addition, changes to the Specific Plan are required to allow the development standards and densities proposed by the project.

The General Plan for the project site designates it as Low-Density Residential land use. However, since the Specific Plan envisioned the site as a golf course or recreational use, the property has remained zoned as Park.

The applicant seeks an amendment to the City's General Plan Land Use Map, Area 3 & 4 Specific Plan & Official Zoning Map to allow residential uses (single-family & multifamily).

Zoning Map to allow residential uses (single-family & multifamily).

Lastly, per the overall project design, a Planned Development Overlay District (PD), Design Review, Vesting Tentative Map, Waterline Easement Agreement and Community Benefits Agreement shall also be considered.

These entitlements are requested to allow greater flexibility in the development's design, review the project’s architectural features, provide additional community benefits, and finally approve the project's site layout per the City’s Subdivision Ordinance.

Staff recommends that the City Council approve the Mowry Village project by approving the following entitlement actions:

1. A Resolution to approve Certification of the Final Environmental Impact Report (FEIR), A Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program

2.    A Resolution to approve the following project entitlements:
a.    Amendment to the General Plan Land Use Diagram (Figure LU-1) b.    Amendment to the Area 3 & 4 Specific Plan
c.    Design Review
d.    Alternate Means of Compliance
e.    Density Bonus Waivers
f.    Vesting Tentative Map #8517

3. An Ordinance Amending the City’s Official Zoning Map and approving a Planned Development Overlay District

BACKGROUND

LOCATION
The project is located in the southwest side of the City, west of the Silliman Center and across the Union Pacific Railroad (UPRR) tracks. The project site is approximately 29 acres and consists of three parcels identified as Assessor’s Parcel Numbers (APNs) 537-0850-001-11, 537-0850-001-13, and 537-0850-002-00. The property is surrounded by vacant City property on the east and south sides of the property. To the west, there is 5-acre vacant site addressed 7580 Mowry Avenue (Singh property), which was formerly used as a truck driving school. To the north, the property is bounded by Mowry Avenue and the salt ponds that are part of the Cargill Salt business.

GENERAL PLAN LAND USE AND ZONING DESIGNATION
Per the City’s 2013 General Plan, the property is located in an area known as the Southwest Newark Residential and Recreational Project. To guide future development, the City initiated a comprehensive revision to its General Plan in the mid-1980s. Following an extensive public process involving numerous workshops and input from five citizen committees, the City Council adopted the General Plan Update in 1992. The General Plan identified and established land use designations for several Planning Areas, including Areas 3 and 4 in the southwest quadrant of the City. The area designation is summarized as follows:

Area 3
This area is located along the west side of Cherry Street, east of the Southern Pacific Railroad line and between Mowry Avenue and Stevenson Boulevard. Recreation uses are planned along the south side of Mowry Avenue and Special High Tech Business Park use is planned for the remainder of the area.

Area 4
These lands are west of Area 3 and extend to Mowry Slough. It was recognized that the areas were difficult to access and had potential limitations due to ownership and wetlands, however there were opportunities for executive housing and recreational uses.

The City’s 1992 General Plan designated much of this area for residential, industrial and recreational uses. A ballot measure to change the designation of the area to conservation and open space land uses was rejected by 61.3% of Newark voters in 1999. In 2009, the City’s Housing Element was approved which identified Areas 3 & 4 as housing element sites. The 2013 General Plan Update also maintained this vision and designated the development area as Low Density Residential and Recreation on the General Plan land use map and recognizing the approved Specific Plan along with the density cap of 1,260 (GP LU-7.1). The General Plan also listed several policies (LU-7.2-.9) that would need to be considered for future development to foster quality development, including topics such as wetland enhancement, biological resource protection, controls for invasive plants, landscape palette, open space amenities, maintain hydrological features, mitigate construction impacts and provide inclusionary housing. There have been no other changes to the General Plan for the Southwest Newark and Residential Project area since 2013. However, the current Housing Element (6th cycle) did not carry over any of the sites in Area 3 & 4 Specific Plan, as they were not needed.

AREA 3 & 4 SPECIFIC PLAN
In 2010, the Area 3 & 4 Specific Plan was adopted, cementing the City’s vision to allow future development of the area, envisioning high-quality low-density housing, an 18-hole golf course, and open space. The Area 3 & 4 Specific Plan also recognized the retention of existing light industrial and institutional (Ohlone College, City fire station, park, and community activity center) uses.

The Area 3 & 4 Specific Plan (“Specific Plan”) established the planning framework to consider up to 1260 housing units and various open space and recreation options. The Specific Plan is spatially located through two larger areas, 3 & 4, and through designated land use Sub Areas A-F (See Diagram 1).

As discussed, 1,260 residential units were allocated to the Specific Plan area. To date, only two projects have been approved, the Sanctuary Village and the Sanctuary West projects. The Sanctuary Village project was approved in 2015 for 387 single-family homes and three acre public park. Sanctuary Village is located at the corner of Cherry Street and Stevenson Road and is located in Sub Area A (Diagram 1) of the Specific Plan. The Sanctuary West project was approved in 2019 and allows up to 469 residential units along with an overpass over Stevenson Road, private roads and open space amenities. The Sanctuary West project is located in Sub Area C & B. Although the entitlements are approved, no construction has commenced.

The Mowry Village site is located in Sub Area D, which was designated for a golf course or recreational use and has over 100 acres. The subject site consists of 29 acres and has an active business which is an auto dismantler (Pick N’ Pull) that has historically used the property since 1966.

The Official Zoning Map designates Sub Area D, as Park (PK) which coincides with the Specific Plan’s initial assessment that the area would be developed as a golf course.

PICK N’ PULL CONDITIONAL USE PERMIT
As indicated above a large portion of the project site is located on land occupied by Pick N' Pull (PNP), an auto dismantler business, occupying approximately 19 acres. The PNP site comprises of designated areas for hundreds of dismantled vehicles, three large on-site structures, and various smaller shed-type structures.

Pick N’ Pull, was originally approved through a conditional use permit by the City of Fremont. The City of Newark accepted the auto dismantling business as part of an annexation in 1979. Prior to being an auto dismantler business in Fremont, the property was used for agricultural purposes.

In 1985, the City of Newark granted an application for a CUP and Planned Unit Development (PUD) to allow the business to continue operating (U-90-39 & P-90-48). Since then, the City has provided several extensions, the latest in 2010, which allows the CUP to continue until December 31, 2034, or an earlier termination date associated with the completion of a Stevenson Road overpass associated with the Sanctuary West project.

PROJECT DESCRIPTION
The applicant has submitted an application for site plans (Attachment 1) containing 196 unit single-family dwelling subdivision and 31 unit (1-manager unit) affordable housing building on an approximately 29-acre site located at 7400 & 7550 Mowry Avenue. The existing Pick N’ Pull business would cease operations, be demolished/removed, and the site prepared for residential use.

The proposed development will be a typical suburban single-family detached home community with minimum lot sizes that will range from 3,375-4,000 square feet. The new homes would all be two-story with front and backyards 2-car garages and driveways that can accommodate two additional vehicles.

Six different styles of homes are proposed for three lot sizes (Table 1). The homes provide a diversity of styles and configurations, including variations in architectural elements, color, and materials (Figure 2). The variety of architectural styles includes new traditional Mediterranean, contemporary Spanish, cottage, agrarian/farmhouse, country European, and new traditional colonial. The homes will also include a bonus room that could be converted to an accessory dwelling unit. The full options of housing styles and options can be viewed in the architectural plans (Attachment 2).

The lot sizes, plan layouts, and architectural styles comply with Section 3, the Sitting Standards and Architectural Design Guidelines of the Specific Plan.

Table 1: Single Family Lot Summary
Figure 1: Typical Residence Styles
AFFORDABLE HOUSING BUILDING
The affordable housing building will have an agrarian/farmhouse architectural style (Attachment 2). The lot size is approximately .84 acre. The architectural style will be compatible with the other home styles and consistent with the styles shown in the Area 3 & 4 Specific Plan. There will be a 3-story building with a maximum height of 38 feet.

The building also includes amenity space for gathering and resident services located on the ground floor in a large open space with many large windows and glass doors that allow significant natural light. The property also has an outdoor plaza adjacent to the amenity space. An image of the front façade is shown below.

Figure 2: Affordable Housing Multifamily Building

PARKING
The parking standards for the 196 single family residential units are being satisfied by providing both private parking and guest parking spaces. The guest parking for this project is provided as on-street parking and is designed within the private street design. Per Newark Municipal Code (NMC) Section 17.23.040, the parking requirements for detached single-family homes are two parking spaces. The Project is also providing guest parking at a rate of .5 per unit. The overall parking count for the single family units being provided is 392 spaces, which satisfies the requirements of the NMC.

In regard to the affordable housing building, the NMC does not have a set parking requirement for affordable housing projects except for the Senior Housing units. However, the NMC does have parking requirements for Multi-Unit Buildings at a rate of 1.5 for one-bed units and 2 for two-bed units or more. These parking standards are recognized to be higher than needed for an affordable housing site, which likely requires lower parking rates because residents have lower car ownership rates. The applicant is requesting that the parking standards be consistent with the maximum required parking per the State Density Bonus Law be applied. Per state law, the maximum parking requirements are 1 stall per studio or one-bedroom unit and 1.5 stalls per two-bedroom unit. The affordable building includes 14 one-bedroom, 8 two-bedroom units and 8 three-bedroom units. The required parking is 38 stalls. The proposed project includes 30 stalls within the parking lot and 4 additional stalls will be provided along the private in-tract frontage road adjacent to the affordable site.

The project meets the parking requirements as listed below in the parking summary table.

OPEN SPACE AND LANDSCAPING
The City’s regulations for single-family zoning do not require open space to be provided for single-family home subdivisions in the RS zoning district. However, the developer has agreed to meet open space requirements similar to multifamily projects. The project would provide approximately 4.89 acres of onsite open space. The onsite open space would include 0.94 acres of common open space consisting of landscaping, bioretention areas, and a open space would include 0.94 acres of common open space consisting of landscaping, bioretention areas, and a pocket park. The pocket park would be located in the southernmost center of the project site and would include amenities for all-ability children and adults. The pocket park would include improvements such as a lawn, a passive pedestrian trial, and playground equipment that is designed for all-abilities children and older adults. The project would also provide a rear yard for each home, resulting in a total of 3.95 acres of private open space. To meet landscape requirements, the lots would be required to have 25% of landscape areas, with half being in the front and the other half in the rear yard.

In terms of open space, the plan illustrates providing approximately 4.89 acres of onsite open space. The onsite open space would include 0.94 acres of common open space consisting of landscaping, bioretention areas, and a pocket park. The project would also provide a rear yard for each home, resulting in a total of 3.95 acres of private open space. Additional improvements would include on-street parking, drive aisles, underground utilities, Low Impact Development drainage and water quality treatment areas, lighting, sidewalks, and landscaping.

MOWRY ROADWAY IMPROVEMENTS AND CIRCULATION
Currently, no sidewalks or bike lanes are provided on either side of Mowry Avenue between the project site and the railroad crossing. The project site plan includes widening and improvements to Mowry Avenue. The improvements to widen Mowry Avenue right-of-way would commence south of the UPRR tracks, from 49.5 feet to 54 feet to accommodate one 12-foot vehicle lane in the southbound direction, one 12-foot vehicle lane in the northbound direction, a 12-foot-wide median and left turn pocket to access the project site. A six-foot bicycle lane with 3-foot buffer would also be provided in each direction of travel. A 4-foot parkway strip, 7-foot sidewalk, and 2-foot landscape strip on the northbound side would be provided with a 4-foot landscape strip and a minimum 10-foot setback from the face of the curb to the top of the bank of the Alameda County Flood Control’s Line B channel on the southbound side. See street section below.

Proposed Mowry Avenue Street Section
The Mowry Avenue improvements would also provide a crosswalk at the UPRR crossing, which would be equipped with a crossing arm, upgraded roadway panels, signage, striping, and pedestrian path improvements to encourage safer access to the project site, surrounding development, and recreation facilities. The UPRR crossing would also include any required gate signals, visual, and/or audio equipment, as required by UPRR or the NMC.

These upgrades will assist in qualifying this crossing to be designated as a Quiet Zone, reducing the need to sound train horns when approaching the crossing. Additionally, the existing portion of Mowry Avenue north of the UPRR railroad tracks and extending to Cherry Street would be re-striped. Re-striping the road would eliminate one travel lane in the southbound direction to accommodate a single 14-foot vehicle travel lane, a 3-foot bike buffer, a 6-foot bike lane and a 10-foot parking lane matching the northbound side of Mowry Avenue.

UTILITIES
The project site utility improvements would include underground utility lines for water, sewer and electricity. The utility improvements would mostly be placed underground as part of improvements to Mowry Avenue except a water line that is being placed underground along the west side of the railroad tracks, then parallel to Mowry Avenue and crossing over the northern part of the City’s adjacent property to the project (Attachment 3) . As part of purchasing the right to locate this waterline easement through the adjacent City property, the applicant shall be required to pay a fee to the City in the amount of $440,000, which is based on an appraisal. This shall be a condition of approval and shall be paid prior to approval of the Final Map.

ACCESS AND INTERNAL CIRCULATION
The residential development would be accessible directly from Mowry Avenue and would be oriented along several internal streets serving the neighborhood. The proposed private streets include three east/west oriented roadways referred as, “A” Street, “B” Street, and “C” Street, with “A” Street and “B” Street functioning as the main arterials through the neighborhood. The proposed private streets also include four north/south oriented roadways referred as, “D” Avenue, “E” Avenue, “F” Avenue, and “G” Drive, all of which intersect with the east/west oriented roadways within the residential development. The proposed private streets would total approximately 7.3 acres of the project site. Each street would include two travel lanes, parking and monolithic sidewalks on both sides, and trees along the frontages. Two courts are proposed within the project site, branching off the private streets. The streets are proposed to be privately owned and maintained by a HOA. Bulb-outs are proposed at street intersections to promote traffic calming and provide shorter street crossings for pedestrians. The street names are temporary and will get official names during the process of evaluating approved plans.

The subdivision requires two points of access. The required main access points to the project are satisfied by Streets “A” and “B”. However, during the Draft EIR environmental review process, emergency accessibility concerns to the site were raised at the Planning Commission meeting held on August 22, 2023. In response to these concerns, there is a condition of approval that requires emergency access for first responders. The applicant and the City have worked to provide additional access via the adjacent Cargill property. The proposed emergency access road will require that the developer make driveway apron improvements to an area near the Mowry Avenue terminus and the Alameda Flood Control Channel (Attachment 4). Those improvements will allow emergency vehicles to access an internal Cargill salt pond road, which ultimately leads to Central Avenue. The subject improvements for emergency access to Cargill property will be part of the Mowry Avenue improvements and shall be a condition of approval. As a result of using the Cargill access road, special equipment will be needed to traverse the site. The applicant has agreed to pay for this special safety equipment via a Community Benefit Agreement. The Community Benefit Agreement shall provide $1.3 million to the City that can be used for the purchase of safety equipment related to accessing the emergency access. As part of a condition of approval, the Community Benefit Agreement will be executed after approval of the project and be funded prior to issuance of a building permit.

DISCUSSION/ANALYSIS
LAND USE AND ZONING
In evaluating the proposed single-family and affordable multifamily housing project for conformance with the General Plan and Zoning Ordinance, the City must consider three actions to establish the appropriate land use and zoning to allow the use, development standards and density needed for the project.

First, the General Plan (GP) land use map must be revised so that multifamily use and the appropriate density range are available to consider the affordable housing project on the proposed .84 acre lot. The current land use designation of Low Density Residential only allows up to 8.7 units per acre. In contrast, the proposed affordable housing project site requests a density of approximately 36 units per acre. Therefore, the GP land use map must be revised to High Density Residential for Parcel H, which allows a density range of 25-60 units per acre.

Also, the Area 3 & 4 Specific Plan did not contemplate residential uses in Sub Area D and established an overall development capacity of 1,260 units. Therefore, the Specific Plan has been modified to consider all aspects of the project, including allowing residential uses in Sub Area D as part of the existing residential capacity and modifying the development site guidelines for single-family units. Currently, only two projects have been approved (Sanctuary and Sanctuary West), which resulted in 855 units being entitled, therefore a capacity of 405 units remain available.

Lastly, the City’s Official Zoning Map will need to be revised based on the project specifications. The current zoning on the property is Park (PK), which is consistent with the current version of the Specific Plan. To consider the proposed project, the zoning map will be revised to replace the Park (PK) zoning district with Residential Single-Family (RS-6000) and Residential High Density (RH) zoning. This change would allow up to 8.7 units per acre on the larger portion of the site for single-family homes and up to 60 units per acre for the affordable housing site. In addition, due to the development being designed to be compatible with the Area 3 & 4 development standards, the applicant is requesting approval of a Planned Development (PD) Overlay District. The PD would allow deviations from the development standards of the RS-6000, including reduced setbacks, lot sizes, reduced lot coverage and landscaping standards to be consistent with the amended Specific Plan.

DESIGN REVIEW
The project design has been evaluated against the established design review guidelines of the Area 3 & 4 Specific Plan. Per NMC Section 17.34.060, the project shall be evaluated based on its overall scale, massing, site plan layout, exterior design, streetscape and landscaping. Based on the projects application of home and site guidelines, the project has demonstrated to meet the intent of the Specific Plan by creating a community which is designed to have private and open space areas, smaller lots with private landscaped streets. The project site plan layout of the lots is spaced evenly to maximize density while providing private tree lined streets. The affordable housing lot is located in an accessible place near Mowry Avenue and is situated so that it blends into the rest of the community. The project also significantly improves Mowry Avenue through streets designed to accommodate vehicles, pedestrians and bicyclists.

AFFORDABLE HOUSING
Per NMC Section 17.18, the City requires residential and non-residential development projects to mitigate the impacts on affordable housing. These requirements stipulate that developments either pay a housing impact fee or provide an alternate means of compliance. Based on Resolution 10,184, the City Council has establish a requirement that 21% affordable units be provided at various income levels of Very Low, Low, and Moderate.

However, due to the applicant qualifying for the State Density Bonus Law, the requirement would be reduced to 15% for providing on-site units. These units will be provided through a 30-unit rental multifamily building. The building will be placed on an approximately .84 acre lot located along Mowry Avenue, near the first entrance to the subdivision. The BMR units will be available to renters of Very Low (30-50% AMI) and Low Income (50-80% AMI) levels. The BMR unit breakdown is shown in Table 3 below.

Table 3
A condition has been added to the project that requires the developer to enter into an Affordable Housing Obligation Satisfaction Agreement (“Agreement”). By executing this Agreement with the City, the developer satisfies the requirements of NMC Section 17.18.050 by providing an alternate means of compliance. The Alternate Means of Compliance will be considered as part of the approval of the entitlements for Mowry Village. Providing the units also addresses the need for the housing impact fee, in that it produces actual affordable units and includes them within the larger market-rate project, thus not unduly concentrating affordable housing in one geographic area. The Agreement outlines the conditions under which the BMR units will be provided and managed.

The building will consist of a mix of one, two and three bedroom apartment units. A total number of units per bedroom and affordability are shown below in Table 4.

Table 4
As part of the Agreement, the applicant has also agreed to a schedule of performance milestones, which will ensure that the project is developed in a timely manner and on a parallel development track similar to the market-rate units. However, the affordable housing build must be completed by July 30, 2033. The Agreement stipulates that the property will be deed-restricted for 55 years. The property will be managed by a housing management company that will be selected prior to construction and is both acceptable to the developer and the City.

DENSITY BONUS
The applicant is requesting waivers under the State Density Bonus Law to facilitate the construction of the affordable housing building on Parcel H. The project had originally proposed 203 single-family detached units; however, after discussions with City representatives, the applicant has opted to remove seven market-rate units and include 20 Low and 10 Very Low affordable housing units integrated within the overall project. The project now consists of 196 single-family homes and 31 affordable housing units. To accommodate the affordable housing units, the applicant has modified the proposed tentative vesting map to consolidate seven lots into one larger lot, which is sufficient to develop the affordable housing units.

The revised project meets the State Density Bonus Law requirements by providing 15% of the project units for affordable housing deed-restricted units. Pursuant to NMC Section 17.19.050(B), the City must approve such waivers unless it can demonstrate that there is an adverse impact on the community or that it violates State or Federal laws. The City finds that none of the requested waivers would result in a specific, unmitigable adverse impact on health, safety, or the physical environment. The project has been reviewed through a comprehensive Environmental Impact Report (EIR), which concluded that, with the exception of transportation-related vehicle miles traveled (VMT), all potentially significant environmental impacts can be mitigated to a less-than-significant level. The proposed reductions/waivers of lot depth, setbacks, parking and open space standards are listed in Table 5 below. The waivers do not affect grading, hazardous materials, or utility infrastructure in a way that would compromise health or safety. Adequate building separation, fire access, stormwater treatment, and emergency response access are maintained.

Table 5. Density Waivers for Affordable Housing Building/Site VESTING TENTATIVE MAP
The project will subdivide approximately 29.21 acres into 196 single-family residential lots, one lot (Parcel H) for a 31-unit below-market-rate multifamily building, private streets, and common open space parcels.

The tentative plans show the roadway geometry as a twelve-foot travel lane in each direction, a three-foot bike buffer and six-foot bike lane in each direction, a twelve-foot landscaped median (except where left-turn pockets are required), a four-foot landscaped parkway strip on both sides of the street, a seven-foot sidewalk along the project frontage, and a two-foot landscaped parkway strip adjacent to the project masonry wall.

A General Plan Amendment is included as part of the project to accommodate the higher density on Parcel H to allow for residential densities greater than those permitted under the existing Low Density Residential land use designation. With this amendment, the project is consistent with the General Plan and Specific Plan frameworks.

The tentative map layout, lot sizes, parcel configuration, and circulation design implement the City’s land use vision for Subarea D and comply with applicable development standards and infrastructure requirements.

COMMUNITY MEETING
The applicant held a community meeting for the project on August 16, 2023. The event, which was an open house-style meeting, was held at the City’s Silliman Center. Approximately 70 individuals attended the event.

Aside from the development team, several city staff members and officials were in attendance. The developer team provided individual stations at the event with various information about the project and the community benefits. In general, the event attendees had questions regarding the development details, including the number of homes, the status of the project, the development schedule, the traffic impacts, environmental impacts, school impacts, and questions about the conceptual off-site Magical Bridge Park and BMX Park. It should be noted that the Magical Bridge Park is a concept based on the Magical Bridge Organization and their desire to build parks that are constructed for all abilities and all ages. Also, the BMX Park was also a concept shown by the developer on city property near the Silliman Center. Both conceptual parks were not included as part of the request for the Mowry Village project and ultimately were not submitted as part of the development application.

REQUIRED NOTICING
Pursuant to NMC Sections 16.08.080, 17.31.060, 17.34.070, and 17.35.050, on November 25, 2025, a public hearing notice was published in The Tri City Voice and mailed to property owners within a minimum 3,500-foot radius of the Project Site. The required distance for this type of development project is 500 feet radius, however, the radius was expanded to increase public participation of the meeting. All neighborhood and community organizations that have filed a written request for notice of projects in the area where the site is located and all persons and groups who have filed a written request for notice regarding the specific application also received a notice.

FISCAL IMPACT
The Mowry Village project is not expected to have an impact on the city's General Fund. The project was reviewed to determine its impact on future public services and was found to have an overall net positive benefit. The applicant submitted a fiscal impact analysis on the Mowry Village project which was prepared by Economic & Planning Systems, Inc (EPS). The analysis took into account several financial factors, including property tax, sales tax, transient occupancy tax, hotel rates, utility user tax, and franchise fees. As noted, the EPS report states that the net fiscal impact to the city would be approximately $143,000 per year. Staff hired NHA Advisors to conduct a peer review of the projections by EPS. NHA Advisors reviewed the fiscal impact report and found that the methodology was fundamentally sound; however, the net positive benefit of the project was closer to approximately $52,000 per year. The main factor contributing to the reduced projected benefit was that the EPA analysis did not account for the $150,000 annual fee that Pick N' Pull pays to the city as part of its CUP agreement. The fiscal impact report and peer review are attached as part of Attachment 15. The Mowry Village project would be required to pay impact fees, which are a one-time payment typically due when a building permit is issued. The summary of impact fees, based on the current Master Fee schedule, are listed below. Given that the project provides affordable housing units, the housing impact fee is not listed and therefore not required.

ENVIRONMENTAL/PLANNING COMMISSION REVIEW
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Prior to approving a project, the City is required to consider the environmental impacts as required by California Environmental Quality Act (CEQA) guidelines. The project application was reviewed and determined to be a “project” as defined by CEQA, which requires an in-depth environmental analysis. The project did not qualify for a CEQA exemption. Staff retained the consultant services of Stantec Environmental Planning Inc. (Stantec) to determine the appropriate level of review for the Project. After consultation with Stantec, the City determined that the project would require an Environmental Impact Review (EIR). A summary of the process and results is provided below, under Environmental Review.

ENVIRONMENTAL REVIEW
The City determined that an EIR is required for the proposed project. The EIR is an informational document designed to inform the public and decision-makers about the potential environmental impacts of a project. It’s a document that identifies potential impacts of a project and identifies ways to avoid or lessen the impacts through mitigation measures or alternatives, is possible impacts. The EIR also provides opportunities to address community comments and concerns about the Project that are related to CEQA. It provides the City’s decision-makers with information necessary to understand the environmental consequences of the proposed Project, and the environmental trade-offs associated with the proposed project, and the alternatives. However, the environmental impacts are just one of the factors considered by the decision-makers when deciding whether to approve a project.

The City issued a Notice of Preparation (NOP) on November 30, 2021, which informed State and local agencies and other interested parties that the City was preparing an EIR. A 30-day comment period allowed agencies and individuals to provide input on the scope and content of the EIR. The City held an NOP scoping session with the Planning Commission on December 14, 2021. The City’s environmental consultant, Stantec, along with staff provided an overview of the project and received public input from both the Commissioners and the general public.

The public comment period for the NOP closed on January 3, 2022.

DRAFT EIR
The City prepared a Draft EIR for the proposed Project to evaluate the project’s potential environmental impacts.

The following 20 impact topics were studied in the EIR:
•    Aesthetics
•    Agriculture and Forestry Resources
•    Air Quality
•    Biological Resources
•    Cultural Resources
•    Energy
•    Geology and Soils
•    Greenhouse Gas Emissions
•    Hazards and Hazardous Materials
•    Hydrology and Water Quality
•    Land Use and Planning
•    Mineral Resources
•    Noise
•    Population and Housing
•    Public Services
•    Recreation
•    Transportation
•    Tribal Cultural Resources
•    Utilities and Service Systems
•    Wildfire
The Draft EIR identified one potential environmental impact that would result in a potentially significant and unavoidable (SU) impact with mitigation measures. Additionally, the Draft EIR identified impacts that would result in less than significant (LTS) impacts with the mitigation measures. The Draft EIR contains an executive summary with Table ES-1, “Summary of Impacts and Mitigation Measures from the Draft EIR” that summarizes identified impacts, levels of significance before mitigation, mitigation measures, and level of significance after mitigation.

Below is the identified SU impact referencing the associated analysis sections in the Draft EIR.

SIGNIFICANT UNAVOIDABLE IMPACTS
Transportation
The Draft EIR identified the following Transportation impacts that were found to be SU with the implementation of mitigation measures. CEQA Guidelines require all agencies to use a VMT-based threshold of significance in CEQA documents published after July 2020. VMT refers to the amount and distance of a automobile travel attributable to a project. Since the City of Newark has not developed its own VMT screening criteria, the analysis uses the Alameda County Transportation Commission (CTC) Countywide Travel Demand Model to estimate VMT. The model includes a year 2020 scenario, which approximates existing conditions. The Bay Area regional average daily VMT per capita is 19.8 and the City of Newark citywide average daily VMT per capita is 22.8 under 2020 conditions.

Review of the threshold of significance, impact analysis, conclusions, and mitigation measures, for Transportation are described in Section 3.17.3 Environmental Impacts of the Draft EIR.

Impact TRANS-2: The proposed project would conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision (b).

Implementing the proposed project would result in an increase in VMT and over 2020 and 2040 conditions, the average VMT per resident for the proposed project would be 44 and 47 percent higher, respectively, than the citywide average minus 15 percent, which is the threshold of significance. Therefore, the proposed project would have a significant impact on VMT as it would exceed existing citywide VMT per capita minus 15 percent. Though the Draft EIR identified a mitigation measure which requires the implementation of a Transportation Demand Management Plan to reduce project-generated VMT, it would not be adequate to reduce the project-generated VMT below the threshold of significance and the proposed project would have a significant and unavoidable impact.

LESS THAN SIGNIFICANT IMPACTS
Below are the identified LTS impacts with the mitigation measures referencing the associated analysis sections in the Draft EIR.

Air Quality
The Draft EIR identified the following Air Quality impacts that were found to be LTS with the implementation of mitigation measures. A review of the threshold of significance, impact analysis, conclusions, and mitigation measures, for Air Quality are described in Section 3.3.3 Environmental Impacts of the Draft EIR.

Impact AIR-1: The proposed project could conflict with or obstruct implementation of the applicable air quality plan.

Impact AIR-2: The proposed project could result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non-attainment under an applicable federal or State air quality standard.

Impact AIR-3: The proposed project could expose sensitive receptors to substantial pollutant concentrations.

Potential impacts related to air quality identified in the Draft EIR relate to typical construction emission impacts and exposure of sensitive receptors to construction emissions. This impact is commonly identified for projects requiring construction, and the impacts were mitigated to a less than significant level with the implementation of commonly identified mitigation measures related to construction best management practices to reduce potential emissions and the use of Tier 4 certified construction equipment. For a detailed explanation of impacts and mitigation measures, see Section 3.3.3 Environmental Impacts of the Draft EIR.

Biological
The Draft EIR identified the following Biological Resources impacts that were found to be LTS with the implementation of mitigation measures. A review of the threshold of significance, impact analysis, conclusions, and mitigation measures, for Biological Resources are described in Section 3.4.3 Environmental Impacts of the Draft EIR.

Impact BIO-1: The proposed project could have a substantial adverse effect, either directly or through habitat modifications on any species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service.

Impact BIO-5: The proposed project could conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy.

Potential impacts related to biological resources identified in the Draft EIR relate to the potential effects to special-status species resulting from the construction and operation of the proposed project and conflict with ordinances protecting biological resources. The impacts were mitigated to a less than significant level with the implementation of mitigation measures related to standard construction best management practices, pre-construction biological resources surveys, post-construction management plans, and preparation of a Tree Preservation Plan. For a detailed explanation of impacts and mitigation measures, see Section 3.4.3 Environmental Impacts of the Draft EIR.

Cultural Resources
The Draft EIR identified the following Cultural Resources impacts that were found to be LTS with the implementation of mitigation measures. Review of the threshold of significance, impact analysis, conclusions, and mitigation measures, for Cultural Resources are described in Section 3.5.3 Environmental Impacts of the Draft EIR.

Impact CUL-2: The proposed project could cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5.

Impact CUL-3: The proposed project could disturb any human remains, including those interred outside of dedicated cemeteries.

Potential impacts related to cultural resources identified in the Draft EIR relate to the inadvertent discovery of undiscovered archaeological and cultural resources during construction activities. This impact is commonly identified for project’s requiring subsurface work during construction and the impact was mitigated to a less than significant level with implementation of standard mitigation measures related to protocols for the inadvertent discovery of resources. For a detailed explanation of impacts and mitigation measures, see Section 3.5.3 Environmental Impacts of the Draft EIR.

Geology and Soils
The Draft EIR identified the following Geology and Soils impacts that were found to be LTS with the implementation of mitigation measures. A review of the threshold of significance, impact analysis, conclusions, and mitigation measures, for Geology and Soils are described in Section 3.7.3 Environmental Impacts of the Draft EIR.

Impact GEO-1: The proposed project could directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. ii) Strong seismic ground-shaking.
iii) Seismic-related ground failure, including liquefaction. iv) Landslides.

Impact GEO-2: The proposed project could result in substantial soil erosion or the loss of topsoil.

Impact GEO-3: The proposed project could be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse.

Impact GEO-4: The proposed project could be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property.

Impact GEO-6: The proposed project could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

Potential impacts related to geology and soils identified in the Draft EIR relate to construction and remediation activity impacts including inadvertent discovery of undiscovered paleontological resources, earthquake hazard impacts, and being located on expansive and unstable soils. The impacts were reduced to a less than significant level with the implementation of standard mitigation measures requiring the implementation of recommendations included in project-specific geotechnical reports, preparation of a Stormwater Pollution Prevention Plan (SWPPP) and dewatering plans with the implementation basic construction best management practices, and standard inadvertent discovery protocol mitigation. For a detailed explanation of the impacts and mitigation measures, see Section 3.7.3 Environmental Impacts of the Draft EIR.

Hazards and Hazardous Materials
The Draft EIR identified the following Hazards and Hazardous Materials impacts that were found to be LTS with the implementation of mitigation measures. A review of the threshold of significance, impact analysis, conclusions, and mitigation measures, for Hazards and Hazardous Materials are described in Section 3.9.3 Environmental Impacts of the Draft EIR.

Impact HAZ-1: The proposed project could create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.

Impact HAZ-2: The proposed project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.

Impact HAZ-4: The proposed project could be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment.

Potential impacts related to hazards and hazardous materials identified in the Draft EIR relate to construction and remediation activity impacts and the existing on-site hazardous contamination. The impacts were reduced to a less than significant level with mitigation measures requiring remediation of on-site contamination and preparation of a SWPPP with implementation of basic construction best management practices. For a detailed explanation of the impacts and mitigation measures, see Section 3.9.3 Environmental Impacts of the Draft EIR.

Hydrology and Water Quality
The Draft EIR identified the following Hydrology and Water Quality impacts that were found to be LTS with the implementation of mitigation measures. A review of the threshold of significance, impact analysis, conclusions, and mitigation measures, for Hydrology and Water Quality are described in Section 3.10.3 Environmental Impacts of the Draft EIR.

Impact HYD-1: The proposed project could violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality.

Impact HYD-2: The proposed project could substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.

Impact HYD-3: The proposed project could substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on- or off-site; ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) Impede or redirect flood flows.

Impact HYD-5: The proposed project could conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.

Potential impacts related to hydrology and water quality identified in the Draft EIR relate to construction and remediation activity impacts on water quality. The impacts were reduced to a less than significant level with mitigation measures requiring the preparation of a SWPPP and dewatering plan, and implementation of basic construction best management practices. For a detailed explanation of the impacts and mitigation measures, see Section 3.10.3 Environmental Impacts of the Draft EIR.

Noise
The Draft EIR identified the following Noise impacts that were found to be LTS with the implementation of mitigation measures. A review of the threshold of significance, impact analysis, conclusions, and mitigation measures, for Noise are described in Section 3.13.3 Environmental Impacts of the Draft EIR.

Impact NOI-1: The proposed project could result in a generation of a substantial temporary or permanent increase in ambient noise level in the vicinity of the project in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies.

Potential impacts related to noise identified in the Draft EIR related to interior traffic noise levels from nearby roadways and trains and proposed project fixed-source noise from the proposed project’s on-site equipment.

Additionally, the Draft EIR identified potential impacts related to temporary ambient noise increases resulting from the proposed project’s construction. The impacts were reduced to a less than significant level by implementing standard mitigation measures requiring project-specific acoustical studies and adherence to City noise standards for construction. For a detailed explanation of the impacts and mitigation measures, see Section 3.13.3 Environmental Impacts of the Draft EIR.

Tribal Cultural Resources
The Draft EIR identified the following Tribal Cultural Resources impacts that were found to be LTS with the implementation of mitigation measures. Review of the threshold of significance, impact analysis, conclusions, and mitigation measures, for Tribal Cultural Resources are described in Section 3.18.3 Environmental Impacts of the Draft EIR.

Impact TRIB-1: The proposed project could cause a substantial adverse change in the significance of a tribal cultural resource, defined in PRC Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to California Native American tribe, and that is:
i) Listed or eligible for listing in the CRHR or in a local register of historical resources as defined in PRC Section 5020.1(k), or
ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1. In applying the criteria set forth in subdivision (c) of PRC Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Potential impacts of tribal cultural resources identified in the Draft EIR relate to the inadvertent discovery of undiscovered tribal cultural resources during construction activities. This impact is commonly recognized for projects requiring subsurface work during construction. The impact was mitigated to a less than significant level with the implementation of commonly identified mitigation measures related to the inadvertent discovery of resources. For a detailed explanation of impacts and mitigation measures, see Section 3.18.3 Environmental Impacts of the Draft EIR.

Mitigation Monitoring and Reporting Program. Mitigation measures are actions which reduce a project’s impact on the environment. CEQA Guidelines Section 15097 requires the preparation of a mitigation monitoring and reporting program (MMRP) if an EIR identifies mitigation measures to ensure that those measures are implemented after project approval. This program lists who is responsible for performing the mitigation and when it needs to be completed. The Draft EIR identified mitigation measures that would reduce the proposed project’s impacts on the environment to less than significant levels. An MMRP was prepared after the public review period for the Draft EIR and is included as part of the Final EIR (Resolution 1, Exhibit 1). Compliance with the MMRP would be a condition of project approval.

LESS THAN SIGNIFICANT OR NO IMPACT
In regard to the other major environmental topics studied (listed below), the Draft EIR found that impacts associated with those topics for the proposed project were either less than significant, meaning they either created no significant impact or it is only less than significant, or that there simply was no impact. •    Aesthetics
•    Agricultural and Forestry Resources
•    Cultural Resources
•    Energy
•    Greenhouse Gas Emissions
•    Land Use and Planning
•    Mineral Resources
•    Population and Housing
•    Public Services
•    Recreation
PROJECT ALTERNATIVES
CEQA requires that an EIR describe and qualitatively evaluate a range of reasonable alternatives that would feasibly attain most of the project's basic objectives and would avoid or substantially lessen any of the project's significant effects. The Draft EIR evaluated the proposed project against four alternatives, including:

1. No Project Alternative- Assumes that no additional development would occur on the project site and would continue to use the existing structures on the project site for commercial services.

2. Multi-family Residential Alternative- Provides 405 multi-family residential units that range from garden apartments and condominiums to townhomes and row houses that would have a maximum building height of 60 feet.

3. Reduced Density Alternative- Provides 64 single-family detached residential homes.

4. 100 Percent Affordable Housing Alternative- Similar to Multi-family Alternative, would provide 405 multi-family units, however, these would be 100% affordable.

Table 2 below from the Draft EIR provides a comparison of the Alternatives’ impacts to the proposed project impacts.

Notes:

NI = No Impact
LTS = Less than Significant Impact
LTS/M = Less than Significant Impact with Mitigation
SU = Significant and Unavoidable
< = Less impact than the proposed project
= = Equivalent impact to the proposed project
> = Greater impact than the proposed project
CEQA requires that the Draft EIR identify an “environmentally superior alternative” to the Project. The Draft EIR identifies the Reduced Density Alternative as the environmentally superior alternative. Though the Reduced Density Alternative would not eliminate or reduce the significant and unavoidable impact on VMT, all other resource areas would be less than significant or less than significant with mitigation. Additionally, the Reduced Density Alternative would not result in greater impacts than the proposed project to any resource areas and would meet all project objectives.

In summary, the Draft EIR provides a project level analysis of the environmental impacts associated with the proposed project in compliance with the requirements of CEQA. It identifies mitigation measures that would reduce all but one of the potentially significant environmental impacts to a less than significant level. It identifies that there would be one significant and unavoidable environmental impact. It also evaluates several project alternatives and provides a qualitative analysis of the benefits and drawbacks of those alternatives.

Cumulative Effects. CEQA requires a discussion of the cumulative impacts of a project when the project’s incremental effect is cumulatively considerable. Cumulatively considerable, as defined in CEQA Guidelines Section 15065(a)(3), means that the “incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.” The State CEQA Guidelines Section 15355 defines a cumulative impact as two or more individual effects that, when considered together, are considerable or that compound or increase other environmental impacts.

Cumulative impacts can result from individually minor but collectively significant projects taking place over time.

The Draft EIR identified a list of past, present, and probable future projects within the vicinity of the project site that may have a cumulative effect on the resources of the project area. See Table 4.4-1 of the Draft EIR for the list of identified past, present, and future probable projects within the project vicinity that was considered for the analysis of cumulative effects.

The Draft EIR identified that the proposed project would have a cumulatively considerable impact with respect to VMT and would result in a significant and unavoidable cumulative impact. All other resource topics analyzed in the Draft EIR was determined to not have a cumulatively considerable impact. For a detailed cumulative effects analysis, see Section 4.0 Cumulative Effects of the Draft EIR.

REVISED PROJECT ALTERNATIVE
Mixed Affordable Housing and Reduced Market-Rate Units (Alternative 5) Subsequent to the circulation of the Draft EIR, a revised tentative map was submitted to the City to include an affordable component to the project. The developer revised the project plans by removing 7 single family lots and replacing them with a 31 unit affordable housing building at the front east corner of the development. This alternative would be located on the same project site within the same footprint and would also include the demolition of existing uses and remediation of existing groundwater and soil contaminants on-site. The revised Project proposes the inclusion of 31 low and very low rental housing units (including a manager unit) and a reduction of the originally planned 203 single-family homes to 196. The market rate of residential units allows for a

0.84-acre parcel to be developed with affordable units (Parcel H). The proposed Parcel H would be located in the northeast corner of the project site and would be developed with a three-story tall building consisting of 31 multi-family, affordable residential units. In total, the alternate Project would provide 227 residential units. As demonstrated above, the proposed minor modifications to the Original Project to provide 31 multi-family, affordable units and reduce the single family homes, market rate units from 203 units to 196 units under the revised Project would not change the findings of the Draft EIR, and there would be no new impacts compared to the Draft EIR.

Additionally, the Revised Project would reduce the one significant and unavoidable impact identified for the Original Project as the results of the revised VMT calculations for the revised Project showed that the VMT would be reduced from 27.9 miles to 27.4 miles per resident, which is a 1.8 percent reduction. While the revised Project would reduce the severity of the significant and unavoidable impact, the impact would remain significant and unavoidable.

FINAL EIR
The Final EIR is the process of gathering written public comments on environmental issues regarding the Draft EIR and the City providing an adequate response. The City received comment letters from the State Clearinghouse and the public regarding the Draft EIR (See FEIR, Table 2.1). The FEIR also contains any edits to the Draft EIR, which are included in Section 3 Revisions to the Draft EIR. A number of comments received on the Draft EIR focused on several main issues and topics associated with the proposed project and the CEQA analysis of project impacts.

The City’s response to the comments are addressed in Section 2.3 of the FIER under Topical Responses. There were reoccurring themes through many comments, they included comments about wetlands, sea level rise, flooding, habitat impacts and affordable housing. For convenience, the responses to those comments have been listed below.
.
• Topical Response No. 4: Preserve and Restore Wetlands/Baylands Several commenters expressed that nearby wetlands and Baylands should be preserved and restored and that existing wetlands provide protection for potential sea level rise impacts. Additionally, several commenters noted that there are cases where wetlands have been removed which resulted in increased flood disasters.

According to the City’s General Plan EIR, Baylands refers to the shallow water habitats surrounding the Bay.

Wetlands identified by commenters are located within the City’s Baylands and refer to the same geographical areas. Impacts to wetlands, and therefore Baylands, were analyzed in Section 3.4 Biological Resources of the Draft EIR. An analysis of impacts to state and federally protected wetlands was provided on page 3-85 through 3-86 of the Draft EIR which determined that implementation of the proposed project would have a less than significant impact to wetlands. As identified in the Draft EIR, U.S. Army Corps of Engineers (USACE) provided a jurisdictional determination that identified that the Constructed Storm Drain, Storm Water Detention Basin 1, and Storm Water Detention Basin 2 are not jurisdictional resources. However, the jurisdictional determination identified the Alameda County Flood Control and Water Conservation District (ACFC&WCD) Line D channel as a jurisdictional aquatic resource, specifically Other Waters with In-stream Wetlands. As outlined in the Draft EIR page 3-85 through 3-86, as well as revised as shown in Section 3.0 Revisions to the Draft EIR of this Final EIR. “On-site construction activities of the proposed project would have no impact on this jurisdictional resource as it is located off-site. However, extension of the potable and non-potable water mains from the southwest corner of the Sanctuary West Development located to the east of the project site would occur within the vicinity of ACFC&WCD Line D. Impacts to ACFC&WCD Line D from off-site construction would be avoided through the use of specific construction methods to construct the extension. Potable and non-potable water mains would be extended approximately 900 linear feet from the southwest corner of the Sanctuary West development, within the old Addition road alignment adjacent and parallel to ACFC&WCD Line D channel via open trench. The potable and non-potable water mains would then daylight south of the ACFC&WCD Line D channel to be attached and suspended to the newly constructed bridge that spans the ACFC&WCD Line D channel. The extension of the potable and non-potable water mains would be constructed via an open trench and attached to the constructed bridge that spans the ACFC&WCD Line D channel which would ensure that impacts to ACFC&WCD Line D channel are avoided. On-site and off-site construction activities would avoid all nearby jurisdictional aquatic features and would not result in substantial adverse effects on state or federally protected wetlands.

There are no wetlands located within the project site and project construction and operation was determined to avoid potential impacts to nearby wetlands. As there are no existing wetlands on-site and the proposed project would neither remove or result in impacts to nearby wetlands, the existing nearby wetlands would be preserved and would continue to provide protection from potential sea level rise and flooding impacts. Additionally, as outlined in Mitigation Measure BIO-1 of the Draft EIR, the preferred distance from any wetlands to construction activities, materials and fill is 100 feet to avoid conflicts to wetlands from construction. In the event that the final construction design identifies potential impacts to wetlands within the 100 foot buffer, supplemental evaluation would be required which would include consultation with the City and delineation of wetlands. Based on studies prepared for the proposed project, impacts are not anticipated to result to wetlands. See Appendix C of the Draft EIR. As the proposed project would not result in the removal of any existing wetlands, the proposed project would not result in changes to the potential flood path or frequency of flood events. Impacts to wetlands resulting from the proposed project have been adequately analyzed in the Draft EIR which determined that there would be no significant impacts to wetlands and Baylands.

The comment requesting preservation of wetlands and Baylands is a general statement expressing the commenter’s opinion on (or preference about) the proposed project. General comments expressing opinion about the proposed project does not raise specific environmental concerns regarding the adequacy or accuracy of the Draft EIR's coverage of physical environmental impacts. However, these comments may be considered and weighed by the decision makers prior to rendering a final decision to approve, modify, or disapprove the project.

This consideration is carried out independent of the environmental review process. Therefore, no further response to these comments is required pursuant to CEQA Guidelines Section 15088. • Topical Response No. 7: General Sea Level Rise
Several commenters expressed their opinion that development of the project site would result in placement of residents and structures in the path of sea level rise.

For the purposes of CEQA, the purpose of the Draft EIR is to identify the significant effects of the proposed project on the environment, not the significant effects of the environment on the proposed project. While identifying the environmental effects of the proposed project to an area is consistent with CEQA’s legislative purpose and statutory requirements, identifying the effects on the proposed project and its users of locating the proposed project in a particular environmental setting is neither consistent with CEQA’s legislative purpose nor required by the CEQA statutes. Appendix G of the CEQA Guidelines is a sample checklist form that is suggested for use in preparing an initial study, and which the City has employed to assist in the preparation of the Draft EIR (see Guidelines, § 15063, subd. (f)). Nevertheless, a few of the questions on the checklist form concern the exposure of people or structures to environmental hazards and could be construed to refer to not only the proposed project’s exacerbation of environmental hazards but also the effects on users of the proposed project and structures in the proposed project of preexisting environmental hazards. To the extent that such questions may encompass the latter effects, the questions do not relate to environmental impacts under CEQA and cannot support an argument that the effects of the environment on the proposed project must be analyzed in an EIR. Therefore, the following discussion of potential impacts to the residents of the proposed project from sea level rise discussion is informational and not a CEQA impact for purposes of the EIR.

The Tri-City Local Hazard Mitigation Plan shows that with the sea level rise existing conditions scenarios, the project site would not be inundated during 0-year tidal scenarios or 100-year storm scenarios (City of Newark 2024). However, under one meter of sea level rise (3.28 feet), the southern and eastern portions of the project site would be inundated in both 0-year tidal scenarios and 100-year storm scenarios. Additionally, under two meters of sea level rise (6.56 feet), the majority of the project site excluding the northern undeveloped parcel would be inundated under 0-year tidal scenarios and the entirety of the project site would be inundated under 100-year storm scenarios.

Additionally, the City is currently developing a Sea Level Rise Vulnerability Assessment and Adaptation Strategy Plan to assess and plan for potential future impacts resulting from sea level rise. This effort to analyze sea level impacts to the City is separate from the environmental analysis for the Mowry Village project. The plan is proposed to have several components including: (1) Developing a flood hazard model for the years 2050 and 2100 using assumptions based on the Intergovernmental Panel on Climate Change Sixth Assessment Report and the Ocean Protection Council State of California Sea Level Rise Guidance; (2) Conducting a vulnerability assessment and risk analysis; and (3) Develop concept-level adaptation solutions. The plan is currently in the development phase and therefore is not available for use in this analysis. However, the City has completed the flood modeling report and the vulnerability and risk assessment report for the study area which encompasses the Mowry Operational Landscape Unit (OLU) which includes the entire City of Newark and portions of Fremont. Ten flood modeling scenarios were modeled encompassing the study area and evaluating time frames for present-day, mid-century (2050), and end-of-century (2100) conditions, considering storm intensities and sea level rise projections. The ten modeling scenarios included:
•    Present day
Costal storm scenario
Inland storm scenario
•    Mid-century (2050)
Quasi permanent inundation for 0.8 feet sea level rise scenario Future storm scenario with 0.8 feet sea level rise scenario •    End-of-century (2100)
Quasi permanent inundation for 3.1 feet sea level rise scenario Quasi permanent inundation for 4.9 feet sea level rise scenario Quasi permanent inundation for 6.6 feet sea level rise scenario Future storm scenario with 3.1 feet sea level rise scenario Future storm scenario with 4.9 feet sea level rise scenario Future storm scenario with 6.6 feet sea level rise scenario Future storm scenario with 6.6 feet sea level rise scenario The modeling completed by the City determined that under all sea level rise scenarios modeled, the project site would not result in permanent inundation as a result of sea level rise. However, under all present-day and future storm scenarios modeled, the project site was identified to result in flooding impacts. Therefore, the potential risk of sea level rise impacts that are anticipated to result at the project site differ based on different modeling that has been prepared by different agencies.

As described under Section 2.2.3 of the Draft EIR, the proposed project site’s elevation would be raised to reduce potential impacts from future sea level rise. The proposed project would be constructed in accordance with City guidelines for construction within a flood plain and the proposed pad elevation of the proposed project would be constructed to reduce potential impacts from sea level rise. The lowest existing elevation at the site is approximately 5 feet at the far east end of the project site. This area is identified as most vulnerable to the effects of sea level rise due to its low elevation. This area would be raised to an approximate pad elevation of 13.5 feet and therefore, the proposed pad elevations of the project site would meet the 2022 State Agency Sea-Level Rise Action Plan for California’s sea level rise guidance of 3.5 feet by 2050 and 6 feet by 2100. Additionally, as this area would be raised by over two meters, this area would be raised to be located above the two- meter sea level rise scenarios identified to inundate the site in the Tri-City Local Hazard Mitigation Plan. Though the 2022 State Agency Sea-Level Rise Action Plan for California states sea level rise adaptation planning should include pathways to resiliency to 3.5 feet by 2050 and 6.0 feet by 2100, the plan also states that the 3.5 feet and 6.0 feet targets may not be feasible for all situations and new developments in the coastal zones should utilize these targets as consistent minimum criteria for planning for the impacts of sea level rise (OPC 2022). Though the plan states it should utilize these targets, there is no requirement for new developments to meet these targets and approving or rejecting the proposed project is at the discretion of the City staff. The entirety of the project site would not meet the updated 2022 State Agency Sea-Level Rise Action Plan for California’s sea level rise guidance of 3.5 feet by 2050 and 6.0 feet by 2100 as some areas of the project site are already located at higher elevations, such as a portion for the undeveloped parcel. However, the entire project site would meet City standards and BCDC’s sea level rise guidance.

Sea level rise is an important issue for the City due to its location along the Bay. Therefore, the City’s General Plan includes goals and policies that address the issue, including the following which the City and the proposed project would implement:
• Policy EH-3.3: Residential Development in the Flood Plain. Require that new residential development, including streets and other surface improvements be constructed above the 100-year flood elevation. • Policy CS-5.8: Planning for Sea Level Rise. Require proposed development close to in low-lying areas to comply with applicable City of Newark standards for construction in flood hazard zones.

The proposed projects consistency with these two policies is provided in Section 3.11 Land Use and Planning, Table 3.11-1: General Plan Consistency Analysis, of the Draft EIR. • Topical Response No. 10: Flood Zone
Commenters expressed their opposition to the project due to its potential operational impacts related to flooding and being located within a flood zone. Additionally, commenters stated that the proposed project site has been inundated by flooding impacts in the past. However, the City is not aware of any instances of the project site being inundated by flooding impacts. The comment is not supported by evidence.

Flooding related impacts were analyzed in Section 3.10 Hydrology and Water Quality of the Draft EIR. As identified in the Draft EIR, the proposed project could be subject to flooding impacts during the lifetime of the project due to its location adjacent to the Bay. As identified under Section 3.10 Hydrology and Water Quality on page 3-164 of the Draft EIR, the proposed project site is designated as Zone X and Zone X (Shaded) by FEMA. The northern part of the project site is within an area of minimal flood hazard (Zone X); however, the majority of the project site is located in an area with a 0.2 percent annual chance of shallow flooding of less than one foot (Zone X Shaded).

Areas designated Zone X are located above the 500-year flood plain and Zone X (Shaded) are areas between the limits of the 100-year and 500-year flood plain. Therefore, the proposed project site is not located within the 100-year flood plain for the City. Additionally, Mowry Avenue is designated Zone X by FEMA. Though the project site would not be located within the 100-year flood plain, the proposed project would include specific design measures to mitigate potential impacts of flooding that could occur during the lifetime of the project. As described on page 3-177 of the Draft EIR,
“Project construction would require the import of clean fill to elevate the proposed pad grades for the homes above the FEMA 100-year flood plain elevation as required by Newark Municipal Code Section 15.40.051 and to accommodate BCDC’s adopted sea level rise guidance. The import of clean fill to elevate the proposed pad grades would ensure compliance with General Plan Policy EH-3.3 which requires new residential developments to be constructed above the 100-year flood elevation. The proposed project would have a minimum pad elevation of 13.0 feet NGVD with an average pad elevation of 14.2 feet NGVD. The proposed project would elevate the proposed pad grades for the homes above the FEMA 100-year flood plain elevation of 9.3 feet and would exceed the City’s requirement of having a minimum pad elevation of 11.25 feet. Additionally, the project site would be elevated to accommodate BCDC’s adopted sea level rise guidance which recommends a minimum pad elevation of 12.2 feet and would meet the minimum pad elevation requirements of the RPC-SAT’s projected likely range for sea level rise by the year 2100 of 3.4 feet.”
Therefore, the proposed project has been designed to mitigate potential flooding impacts as well as potential flooding resulting from sea level rise and further analysis is not required. • Topical Response No. 17: Prime Wildlife Habitat
The commenter expressed that Newark Area 4 is an area that includes prime wildlife habitat.

As identified in Section 3.4 Biological Resources of the Draft EIR, a majority of the project site is developed and does not provide wildlife habitat. Though portions of Newark Area 4, such as the DESFBNWR provides prime wildlife habitat for certain wildlife species, the project site itself does not provide prime wildlife habitat. As identified under Section 3.4 Biological Resources on page 3-69 of the Draft EIR, the study area lacks any form of a natural habitat corridor (e.g., riparian areas along streams, rivers, or other natural features) that would allow for wide ranging plants and animals from other habitats ingress and egress to the study area. See Section 3.4.3 Environmental Impacts of the Draft EIR for an analysis of the proposed project’s impacts on wildlife habitat. As determined in the Draft EIR, the proposed project would not result in significant impacts related to prime wildlife habitat.
• Topical Response No. 18: Contribute to Affordable Housing The commenter expressed that the proposed project would not contribute affordable housing to help solve the housing problem in the region.

As described in Section 2.0 Project Description of the Draft EIR, the proposed project would result in the development of 203 single-family homes. Though the proposed project does not include the provision of affordable housing, the development of 203 new homes would contribute to the City’s Regional Housing Needs Allocation (RHNA) providing an overall benefit to the region. For the 2023 to 2031 RHNA planning period, the City has an RHNA allocation of 1,874 new housing units with 464 housing units allocated for very low income, 268 new housing units for low income, 318 new housing units for moderate income, and 824 new housing units for above moderate income households (ABAG 2022). Therefore, the proposed project’s 203 new housing units would contribute to the City’s RHNA allocation and help the City in meeting its RHNA goals.

Additionally, an affordable housing alternative was identified and analyzed in the Draft EIR. The 100 Percent Affordable Housing Alternative proposed development of the project site at a higher density at 405 affordable multi-family residential units on the 29 acre site resulting in a density of 14 units per acre, as analyzed under Section 5.5 Alternatives Considered in the Draft EIR. However, as identified under Section 5.5.4 of the Draft EIR, this alternative was determined to not achieve the project objective to implement the City’s General Plan by developing the site with low-density residential. Additionally, this alternative was determined to continue to have a significant and unavoidable impact on VMT. In addition to the 100 Percent Affordable Housing Alternative analyzed in the Draft EIR, this Final EIR identifies an additional alternative, the Partial Affordable Housing Alternative, as outlined in Section 3.0, Revisions to the Draft EIR, of the Final EIR. Under the Partial Affordable Housing Alternative, the number of single-family residential units would be reduced from the 203 units to 196 units and would include the addition of 30 (+1 Manager unit) affordable multi-family residential units. This additional alternative was determined to not eliminate or significantly reduce the significant and unavoidable impact to VMT.

CEQA has created multiple statutory exemptions for housing projects in order to streamline the construction of housing projects in the State. The CEQA exemptions are intended to make it easier for affordable housing to be developed; however, the provision of affordable housing itself is not a CEQA issue. Whether the proposed project includes provision of affordable or market-rate housing or not does not have an impact on the analysis and level of impacts identified in the Draft EIR. The residential use itself, not its level of affordability, provides the basis for the CEQA impact analysis. The commenter’s concern related to the proposed project not including affordable housing is not relevant to CEQA. Therefore, no further response to this comment is required.

PLANNING COMMISSION
As described in NMC Chapter 17.30, the Planning Commission serves as the decision-making body for various development entitlements.

On November 19, 2025, the Planning Commission held a public hearing to consider the staff recommendation and receive public comments. Approximately 40 people attended the meeting. During the meeting several people spoke on various topics, both in favor and against. Those in favor, argued for the need to have new housing, that the project would help meet the city’s RHNA goals and the positive impacts of replacing a business that contaminates soil. Those not in favor, argued that the project would impact nearby wetlands, be greatly impacted by flooding due to sea level rise, and affect wildlife habitat. At the conclusion of the public hearing, the Planning Commission considered staff’s recommendation, staff report, public testimony received, and discussed the merits of the project. Following the discussion, Commissioner Becker made a motion to approve the staff recommendation, which was seconded by Commissioner Aguilar. The Planning Commission voted 5-0 to unanimously approve the project. A copy of the draft Planning Commission minutes are attached to this report.

REVIEW AND APPROVAL
Prepared by - Art Interiano, Deputy Community Development Director Reviewed by - Steven Turner, Community Development Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Attachment 1 Project Site Plan
Attachment 2 Architectural Plans
Attachment 3 Water Line Easement Map
Attachment 4 Emergency Access Route Map
Attachment 5 - Resolution A
Attachment 5 - Resolution A Exhibits 1-7
Attachment 5 - Resolution A Exhibit 8
Attachment 6 - Resolution B with Exhibits A & B
Attachment 7 FEIR Report
Attachment 8 - Draft Ordinance
Attachment 8 - Draft Ordinance Exhibit A
Attachment 8 - Draft Ordinance Exhibit B
MV Staff Presentation
MV Stantec Presentation CEQA
Attachment 9 Fiscal Impact Analysis and Peer Review
Draft Planning Commission Meeting Minutes

MOWRY AVENUE
PARCEL 2
APN 537-0850-002
PARCEL 1
APN 537-0850-001-11
PARCEL 3
APN 537-0850-001-13

OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW
OHW
OHW
OHW
76 OHW
OHW
OHW
OHW
OHW
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X

X X X X X
X
X
X X
X
X
X
X
X
X
X
X
X
X
X
X

X X X X X X X X X X X X X
X
X

X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X
X X
X X
X X X
X
X
X
X
X
X X X
X
X
X
X
X
X
X
X
X
X
X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X
X
X
X
X
X
X
X

X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X

OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW
X
X
X
X
X
X
X
X
X

X X X X X X X X X X X X X X X X MOWRY AVENUE
F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM02.DWG8/13/2025 3:33 PM OF 33 SHEETS
SHEET NO.

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

SACRAMENTO
(925) 866-0322
(916) 375-1877
DATE: AUGUST 13, 2025
JOB NO.: 2872-000
0 50 100 150
MOWRY VILLAGE TRACT 8517

VESTING TENTATIVE MAP

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA

EXISTING SITE CONDITIONS
LEGEND
OHW

X X X X
EXCEPTIONS AND EXCLUSIONS:
#
1 6
5 7
8 9
13 2
TM-2
2 4
12 SEE BELOW SEE ABOVE
'A' STREET
'C' STREET 'D' AVENUE 'E' AVENUE 'F' AVENUE 'G' DRIVE
'B' STREET COURT 1 PARCEL B PARCEL D PARCEL E PARCEL F PARCEL A PARCEL G MOWRY AVENUE 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 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 65 63 62 77 76 75 74 73 72 71 70 69 68 67 66 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 107 106 105 104 103 102 101 100 99 98 97 96 95 94 108 109 110 111 112 113 114 115 116 117 118 119 120121122123 124 125 126 127 128 129 135 134 133 132 131 130 138 137 136 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 139 140 196 175 64 PARCEL C PARCEL C PARCEL H F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM03.DWG 8/13/2025 3:34 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA 'A' STREET, 'C' STREET, 'D' AVENUE, 'E' AVENUE, 'F' AVENUE, 'G' DRIVE' (PRIVATE ) 5'-0" S/W 10'-0" TRAVEL LANE 46'-0" 0 2' 4' 10' SCALE: 1"=10' 8'-0" PARKING 36'-0" 5'-0" S/W 10'-0" TRAVEL LANE 8'-0" PARKING LEGEND 185 PRELIMINARY LOTTING PLAN CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA 'B' STREET SECTION (PRIVATE) 5'-0" S/W 10'-0" TRAVEL LANE 72'-0" 0 2' 4' 10' SCALE: 1"=10' 8'-0" PARKING 36'-0" 5'-0" S/W 10'-0" TRAVEL LANE 8'-0" PARKING 13'-0" L/S PARCEL SUMMARY PARCEL DESCRIPTION AREA (SF) OWNER 0 2' 4' 10' SCALE: 1"=10' COURT 1 SECTION (PRIVATE) DW BEVELED CURB AND GUTTER 12'-0" TRAVEL LANE 12'-0" TRAVEL LANE 24'-0" BEVELED CURB AND GUTTER DW BEVELED CURB AND GUTTER BEVELED CURB 5'-0" AND GUTTER S/W TBC-TBC FC-FC ROW ROW TBC-TBC 29'-0" ROW SCALE: 1"=10' 0 2' 4' 10' MODIFIED SIGHT TRIANGLE 3TM-3 4'-0" L/S 54'-0" 0 2' 4' 10' SCALE: 1"=10' 6'-0" BIKE LANE 7'-0" MOWRY AVENUE (PUBLIC) S/W 2'-0" L/S 12'-0" TRAVEL LANE 12'-0" MEDIAN/ LEFT TURN LANE 12'-0" TRAVEL LANE 6'-0" BIKE LANE 4'-0" VARIES 96' - 104'± PROPOSED ROW TC-TC VARIES SEE NOTE 1 49'-6" EXISTING ROW L/S MASONRY WALL 3'-0" BUFFER 3'-0" BUFFER ALAMEDA COUNTY FLOOD CONTROL LINE B MAINTAIN TOP OF BERM ELEVATION 100-YR EL 8.3 MIN TC 10.2-13 NOTE: 1. RIGHT OF WAY LOCATION VARIES ALONG CHANNEL ALIGNMENT TOP OF BANK SCALE: 1"=10' 0 2' 4' 10' ENTRANCE SIGHT TRIANGLE 13'-0" L/S EVCS
EVCS
EV
EV
EV
EVR
EVR
EVR
EVR
EVR
EVR
EVR
EVR
EV
EVR
'C' STREET 'F' AVENUE
'B' STREET O PARCEL A PARCEL D
PARCEL E COURT 1 PARCEL B MOWRY AVENUE N L G P H J 'G' DRIVE PARCEL C C A F I M K Q R E B D 'A' STREET 'E' AVENUE PARCEL G 72 113 114 115 116 117 'D' AVENUE PARCEL F 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 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 65 63 62 61 77 76 75 74 73 71 70 69 68 67 66 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 107 106 105 104 103 102 101 100 99 98 97 96 95 94 108 109 110 111 112 118 119 120121122123 124 125 126 127 128 129 137 136 135 134 133 132 131 130 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 178 177 176 179 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 27 26 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 139 140 196 138 64 175 PARCEL H S 187 PLAN 3 TYPICAL LOT GRADING X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X SECTION Q X X SECTION R X X X X SECTION P SECTION LX X SECTION G SECTION C SECTION H SECTION J X X X X SECTION BSECTION F SECTION I SECTION KX X SECTION MX X SECTION A SECTION D X X SECTION E X X X X SECTION N X X SECTION O X X EVCS PARCEL H 'A' STREET SECTION S F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM04.DWG 8/22/2025 2:53 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA PRELIMINARY GRADING & DRAINAGE 4TM-4 EARTHWORK VOLUMES (CY) ACCESSIBLE PATH GRADING PARCEL H PARKING SUMMARY DESCRIPTION SYMBOL EVCS EVR EV 'E' AVENUE 'F' AVENUE 'A' STREET 'G' DRIVE 'C' STREET COURT 1 'D' AVENUE MOWRY AVENUE 'B' STREET 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 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 63 62 67 66 65 76 75 74 73 72 71 70 69 68 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 97 96 95 94 107 106 105 104 103 102 101 100 99 98 108 109 110 111 112 113 114 115 116 117 118 119 120121122123 124 125 126 127 128 129 135 134 133 132 131 130 138 137 136139 140 141 142 143 144 145146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 175 64 PARCEL H MOWRY AVENUE PARCEL H PARCEL H F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM05A.DWG 8/13/2025 3:35 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA PRELIMINARY UTILITY PLAN LEGENDOHW

SEE BELOW
SEE ABOVE 5TM-5A SEE SHEET TM-5B SEE SHEET TM-5B AFFORDABLE BUILDING WATER SERVICES MOWRY AVENUE AA BB F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM05B.DWG 8/13/2025 3:36 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA PRELIMINARY OFFSITE WATERLINE EXTENSION LEGEND SEE BELOW 6TM-5B
SEE SHEET TM-5A SEE ABOVE SEE SHEET TM-5A SECTION A-A SECTION B-B MOWRY AVENUE DMA 3 0.50 AC DMA 4 0.40 AC PARCEL H 'G' DRIVE 'F' AVENUE 'A' STREET 'E' AVENUE 'B' STREET 'D' AVENUE 'C' STREET MOWRY AVENUE DMA 2 18.06 AC DMA 3 0.50 AC DMA 1 9.97 AC DMA 4 0.40 AC DMA 5 0.36 AC DMA 6 0.28 AC DMA 7 0.40 AC DMA 8 0.40 AC DMA 9 0..30 AC DMA 10 0.23 AC COURT 1 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 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 63 62 67 66 65 76 75 74 73 72 71 70 69 68 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 97 96 95 94 107 106 105 104 103 102 101 100 99 98 108 109 110 111 112 113 114 115 116 117 118 119 120121122123 124 125 126 127 128 129 135 134 133 132 131 130 138 137 136 139 140 141 142 143 144 145146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 64 175 PARCEL H BIORETENTION SECTION F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM06.DWG 8/13/2025 3:37 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA PRELIMINARY STORMWATER CONTROL PLANLEGEND DMA 1 15.4 AC PRE PROJECT AND POST PROJECT COMPARISON IMPERVIOUS (%) PERVIOUS (%) TOTAL (%) PRE-PROJECT POST-PROJECT 7 SEE ABOVE TM-6 DRAINAGE MANAGEMENT SUMMARY TABLE DRAINAGE MANAGEMENT AREA TOTAL AREA (SF) TOTAL IMPERVIOUS AREA (SF) TOTAL PERVIOUS AREA (SF) DMA 1 434,355 289,437 144,918 291,827 TOTAL 1,220,947 784,202 436,745 DMA 2 15,730 9,128 24,858 786,592 494,765 OFFSITE DRAINAGE MANAGEMENT SUMMARY TABLE DRAINAGE MANAGEMENT AREA TOTAL AREA (SF) TOTAL IMPERVIOUS AREA (SF) TOTAL PERVIOUS AREA (SF) DMA 3 DMA 4 DMA 5 DMA 6 SEE BELOW DMA 7 DMA 8 DMA 9 DMA 10 TOTAL 21,846 16,144 5,702 501 17,461 13,828 3,633 426 15,761 10,765 4,996 338 12,210 8,660 3,550 270 17,642 12,240 5,402 383 14,636 10,969 3,667 340 12,888 8,778 4,110 276 10,076 7,223 2,853 225 122,520 88,607 33,913 2,759 EFFECTIVE IMPERVIOUS AREA (SF) 303,209 523,948 827,157 4% TREATMENT AREA(SF) TREATMENT AREA BASED ON FLOW & VOLUME(SF) 3% TREATMENT AREA(SF) PROPOSED TREATMENT AREA(SF) 15,718 9,118 24,836 20,958 12,157 33,115 14,543 8,436 22,979 EFFECTIVE IMPERVIOUS AREA (SF) 4% TREATMENT AREA(SF) TREATMENT AREA BASED ON FLOW & VOLUME(SF) 3% TREATMENT AREA(SF) PROPOSED TREATMENT AREA(SF) 16,714 14,191 11,265 9,015 12,780 11,336 9,189 7,508 91,998 669 568 451 361 511 453 368 300 3,681 464 394 313 250 355 315 255 208 2,554 501 426 338 270 383 340 276 225 2,759

8.03 18.38 41.15 Steering Angle : 35.7 8.00 9.06 4.0 Arrow XT Quint-105 feet ::: Width Track Lock to Lock Time COURT 1 'B' STREET 'A' STREET
'C' STREET 'D' AVENUE 'E' AVENUE 'F' AVENUE 'G' DRIVE

PARCEL D

PARCEL E
PARCEL F PARCEL A PARCEL G MOWRY AVENUE 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 27 26 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 63 62 67 66 65 76 75 74 73 72 71 70 69 68 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 97 96 95 94 107 106 105 104 103 102 101 100 99 98 108 109 110 111 112 113 114 115 116 117 118 119 120121122123 124 125 126 127 128 129 135 134 133 132 131 130 138 137 136 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 175 64 PARCEL B PARCEL C PARCEL H MOWRY AVENUE PARCEL DPARCEL H MOWRY AVENUE GRAVEL DRIVEWAY SECTION F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM07.DWG 8/13/2025 3:37 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA FIRE ACCESS PLAN LEGEND ALAMEDA COUNTY FIRE TRUCK TURN TEMPLATE FOR THE CITY OF NEWARK (ARROW XT QUINT 105) PROPOSED FIRE HYDRANT FIRE APPARATUS ACCESS ROAD PARKING STALL 8 NO PARKING(FIRE LANE) SIGN TM-7

SEE BELOW

SEE ABOVE LIMIT OF PROJECT WORK FIRE APPARATUS ACCESS CARGILL ACCESS ROUTE CROSSING DETAIL 'A' STREET OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW A MOWRY AVENUE 196 PARCEL H MOWRY AVENUE 'B' STREET OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW C B 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 175 196 195 194 MOWRY AVENUE CHERRY STREET F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM08.DWG 8/13/2025 3:38 PM OF 33 SHEETS SHEET NO. DATE: AUGUST 13, 2025 JOB NO.: 2872-000 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA MOWRY AVENUE PLAN LINE9TM-8 ROADWAY TRANSITION CALCULATIONS 0 30 60 90 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877

SEE BELOW
SEE ABOVE 78'-0" 0 2' 4' 10' SCALE: 1"=10' SECTION A 14'-0" TRAVEL LANE 6'-0" BIKE LANE TC-TC 10'-0" PARKING 14'-0" LEFT TURN LANE LANE 14'-0" TRAVEL LANE 14'-0" RIGHT TURN LANE 6-0" BIKE LANE 49'-6" 0 2' 4' 10' SCALE: 1"=10' SECTION C ROW 10'-0"± TRAVEL LANE 19'-0" LANDSCAPE 10'-0"± TRAVEL LANE 10'-6" LANDSCAPE 71'-0" ROW 19'-0" CITY OF NEWARK 0 2' 4' 10' SCALE: 1"=10' SECTION B SEE BELOW 4'-0" L/S 54'-0" 6'-0" BIKE LANE 7'-0" S/W 2'-0" L/S 12'-0" TRAVEL LANE 12'-0" MEDIAN/ LEFT TURN LANE 12'-0" TRAVEL LANE 6'-0" BIKE LANE 4'-0" VARIES 96' - 104'± PROPOSED ROW TC-TC VARIES SEE NOTE 1 49'-6" EXISTING ROW L/S MASONRY WALL 3'-0" BUFFER 3'-0" BUFFER ALAMEDA COUNTY FLOOD CONTROL LINE B MAINTAIN TOP OF BERM ELEVATION 100-YR EL 8.3 MIN TC 10.2-13 NOTE: 1. RIGHT OF WAY LOCATION VARIES ALONG CHANNEL ALIGNMENT TOP OF BANK X X X X X X X 1,466± SF 1,376± SF 1,466± SF 1,854± SF 21,624± SF MOWRY AVENUE 1,954± SF 'A' STREET 'C' STREET 'D' AVENUE 'E' AVENUE 'F' AVENUE 'G' DRIVE 'B' STREET
COURT 1 PARCEL B

PARCEL D

PARCEL E
PARCEL F PARCEL A PARCEL G MOWRY AVENUE 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 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 77 76 75 74 73 72 71 70 69 68 67 66 65 63 62 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 9394 95 97 96 106 105 104 103 102 101 100 99 98 107 108 109 110 111 112 113 114 115 116 117 118 119120121122123 124 125 126 127 128 129 138 137 136 135 134 133 132 131 130 139 140 141 142 143 144 145146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 179 178 177 176 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 175 64 PARCEL C 1,854± SF 1,919± SF 1,919± SF 1,984± SF 1,984± SF PARCEL H 8,230± SF F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM09.DWG 8/13/2025 3:38 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA OPEN SPACE AREAS 10TM-9 COMMON OPEN SPACE LEGEND: SUMMARY PARCEL DESCRIPTION AREA (SF±) TYPICAL PRIVATE OPEN SPACE OPEN SPACE SUMMARY DESCRIPTION REQUIRED PROVIDED PRIVATE OPEN SPACE SUMMARY DESCRIPTION REQUIRED PROVIDED NOTE:

Attachment 2

Architecture + Planning
The Leamington Building
1814 Franklin St, Suite 400
Oakland, CA 94612
5102722910
ktgy com

INTEGRAL
Communities
A l)l'✓Ell�IHCD �!AL !SfATC LOMl'/>.NY
4'-0
''
. z
'c2:
'
r---. b- _,
0 '
'
'
'
'
'
'
'
'
□
□
j
,,
M. Bath
45'-0
"
37'-0
"
□
M. Bedroom
14' 8"x 16' 6"
I
ll'-O"xll'-1 '
$
'------------------------ --------7
'
'
' '
4'-0
"
b
'
L()
"
L--------------� -+--,,._
b
'
LI)
-'!.-------L __ _
0 . z
02:
'
coo - '
i':o
Plan l
Second Floor
r---,

I A/C I

I PAO I
' '
___ ,
45'-0
"
37'-0
"
�rl _____ .J ________________ I,7
H H

I I I I
: : Opt. Covered Open : :
1 :

Sided Patio I
1 ' =��= '
I 20'-J"xl0'-0" I
' '
' '
' '
1 '
'
'
'
'
Dinin /
reat R om
22'-2"x l '-2"
Kitchen
Qi)
0 CJ
'

I I I I

I I I I
Garage
-----�� 20'-0" X 20'-IJ'' :':;-------
t2 J
droom
Opt. Office
10'-6" X 13'-6"
____ L
4'-0
"
z
0 '
2:

I -sto- _,
0 °I' 1'
b - ' '° L()
' "
. z
b '.2:'
"'b - '
0 i' T
Plan l
First Floor
4 Bedrooms
3 Baths
2,275 s.f. Approx.

MOWRY VILLAGE 45X75 LOTS CONCEPTUAL PLANS
NEWARK, CA #2018-1115 11-01-2019
4'-0
''
'-1--
0-
Bedroom 2
11 '-C," X 1 J'-1]"
I
Bedroom 3
11' U" X 14' U"
I
45'-0
"
37'-0
"
M, Bedroom
l 5'-0" X ] 6 -8"
r----n,il"
□
L--------------------------7
'
'
'
'
'
'
'
'
'
'
'
'
'-,
4'-0
''
□
D
. z
b '.2: -' -
LO - o
'
b
I '-1-
--0
f.-..
'
N
�---------------.J --�------ . z
I b
' 2:
______ L_ -
Ob - '
0 0
L()
0 '
N
....
0 '
co
. z2:
0 '
0-
z2:
0 '
i':o -
4'-0
''
I
I
I
I
I
I
�'
IE
I
I'\
I
[
[
I
I
I
Plan 2 -
Second Floor
45' O"
-
37'-0
"
- - - - - -
0 '
0 '
zLI) LI) 2:
r
-----------�r ____ -__ :i:, 7
"'
'
'
'
'
'
'
'
'
'
'
'
'
'
io'p
�)
'
'
'
"
=
'
Opt, Covered
Open Sided Patio
l 9'-4" X 10'-0"
"
"
"
"
"
"
"
"
"
"
Dining Room
11' O" X 16' 8"
'
"
ti
"
I
EJ
'
'
IJ
'
I
'
v"'-1
;\�
I h
Kitchen =
\_
--�
�-----7 �-': l
Garage
?0'-0" :x ?0 --()"
- - - -
,---,
I A'
C
I

I PAD I
� '--
mlFF!! = -
□ �
-
-
-Great Room
"8 "�
-
,�
__/ ,- l-J -
sci'." f.:_:: ----
D � D �
-=-
,---- \J
'
' Bedroom 4
'
"
-
I l'-4" X 11 '-8" -
r
;
� - - - - - - -
4'-0
"
'
'
'
4 Bedrooms
3 Baths
'
. zI 0
'
2:

I L() - b
-'
0 -
I
I
I
I
I 0
'
I 0 L()
' "
0 L()
I
I
I
I
.

I z
I 0
'
2:
0 - 9
0- �
Plan 2 -
First Floor 2,477 s.f. Approx.

FLOOR PLANS
45x75 LOTS
0 1 l!lllmlIIIIIIlllDl!Il
. z
b '.2: -' -
LO - o
'
"'f
co
0 '
Ll)
0 '
N
-q0
'
co
b
. z2:
b
0-
. z2:
0 '
i':o -
_, '
4 8

NOT TO SCALE
4'-0
"
4'-0
"
I
I
I
I
I
I
�
"
IE
I
I'\
I
[
[
I
I
I
45'-0
"
37'-0
"
M.Bedroom
I'/ 'l"x 16' :t·
"
"
!
'
Bedroom 2
12'-4" X 12'-Q"
$
Be room 3
fii"'.1----,J-fc'L__( l i"-10"
4'-0
"
M. Ba. □
b
_,
L()
"
e ro
10'- " 14'
'--------------------------,
------+====m�--,__+
'
'
'
'
'
'
'
' '
0 --0
�-------------� �-'!.-
z
I b
' 2:
_Job
---- �s
Plan 3 -
Second Floor
-
,---�
I />.IC I

I PAD I
' '
a
45' O"
-
37'-0
"
-,
-
ooz
' ' -
LI) LI) 2:
� rI _____ '[ _________ l7 7
H
" "
' Opt. Covered "
' "
iOi;ien Sided Patio!
1 ' l:" '-O"x Jf.1-0"
'
' '
' '
' "
==
• 1nin .J i,;:or ,,
j
' 14 -4" x I l '-2' ,
= ==
"
"
" �
" -:, '
i
D
' Kitchen
L]l
'
L-------+8--8-+------
,
G J ra e
20'- "x 2 �·
�-- -
D
-
4'-0
"
- - - - '
zI 0
'
2:

I L() - b-'
0 -
I
m�=l=l=bl
I
Great Room=
l 5'-6" X ] 9'-6"
□
-
- I
= I
m
=
'
I 0
'
?
I 0 L()
I
' "

I I I I
I I I I 0

I I I I L()
�
I
I
I
" I
'"
:'l,;.

I
Bedroom 4
10'-3" X l l'� I
--- ---- 7
I /, F
m
I z
I 0
'
2:

L - - - - - - _J
0 - 9
0 - -
Plan 3 -
First Floor
16 4 Bedrooms
3 Baths
2,693 s.f. Approx.

NOTE:

EACH HOUSE ADDRESS SHALL BE WELL PLACED,

ILLUMINATED, EASILY RECOGNIZED AND CLEARLY

VISIBLE FROM THE ADJACENT ROADWAY
• ffi 66 " •
.,,,
m '-... I
v~r,---','r'r---','r'r�T--'i----,--",---11 lf-1--+�L..p �• ,:__/· · �·" "" '' " " " • •• " 59 60 "• 63
.. ,.
>;
\ ,

NOTTO SCALE
KEY MAP:

LOTS IN YELLOW INDICATE LOTS TO HAVE CORNER

ENHANCED ELEVATIONS
45x75 LOTS

FLOOR PLAN SETBACKS
SAMPLE STREET SCENE A0.1
Architecture + Planning
The Leamington Building
1814 Franklin St, Suite 400
Oakland, CA 94612
5102722910
ktgy com

INTEGRAL
Communities
A DIVcR�IHED �LH CHATf LOMl'ANY
0 '
0 0::,
4'-0"
.
z
b�
. ' . 0-- ·'
0 0
0-
co
45'-0"
37'-0"
4'-0"
z0
' �
N - b
0 -
r---------------1 --+-------
-+-+-"" m
' '
' '
□ � [j Loft/ Opt.

Bedroom 5
16' l"x 16' '.t'
M. Bedroom
17'-2"x 15'-6"
=======
=c"Jle;;r======="=F�
□
M. Ba. D
Lau.

I
0 '
..,,.
, _______________ _L__....\ee"""'"-__J
'
_____ ��--,._
'
'
'
'
'
'
'
--0
L--------------------- --+-------
---------L_ - - --
0 -- - - _J_-------
0' c;, 0 ("') 0::, ..,,.
.
z
0�'
co-o'
0::,
4'-0''
PI an 1
Second Floor
45'-0"
37'-0"
4'-0"
N - 0
'
b
�
r __ ___________________ 7 1,7===-===;i------4--t
: : Opt. Covered Open
---, : : Sided Patio
"
' " 1c I I I

PAD I H
21'-2" X 8'-0'
mltH!m
---
rn □
Great Room
21'-2" X 16'-1 ]"
Garage
20'-[/' X 20'-0"
"
"
n,n
0 11 "X ]
I lf'-
11 ,,
11 /�
""[8-
" .
" .
"
Kitchen ��I
$
-........:::

Bedroom 4
I l'-0" X 11'-4"
a
Porch
'
' '
,o
' '
' -
' --0
.
z
9�1
:::: bl
'
c;,
,.,..,
.
z
0�
' -
"O
'
..,..........._ L_
co
Plan 1
First Floor
4-5 Bedrooms
3 Baths
2,751 s.f.Approx.

MOWRY VILLAGE 45X80 LOTS CONCEPTUAL PLANS
NEWARK. CA #2018-1115 11-15-2019
45'-0"
4'-0
''
37'-0"
4'-0''
.
z0
'
�
("') - 0
'
0 -r---------------------------
'
D
□
M. Bath
□
��=:
:
=
M
=
.
�
B
•
e
•
d
•
,o
•
o
•
m
==�+
□
L--------------------------�
0 -'
0 -+---L_ - - -
PI an 2 -
15'-0' X ]5'-4" ;:....:....----n,Jaa
I
Loft /Opt.

Bedroom 5
14'-6" x 16'-l O"
□
Second Floor
45'-0"
4'-0
''
37'-0"
4'-0"
b
'
b
0::,
-+---�-+----- ----�--- --�-7-�-,._
I z I
0 I C,,� I
I O · I -C?
,.,..,
r---,
I I
"-
G
T -_-_-_-�-
-
-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_
I fJ:i: I rj
I
P
I
I +-----;---i"\:==
"�====:::::;j'
Opt. Covered
I Dining Room Open Sided Polio
c;,
0-
..,,.
.
z
0�'
coo
'
0::,
I l5'-8'xll'
-2"
20'-,l" xlO --O"
:

I
'
Trn,h
I+
I
T'
'
'
ct
'/b
'
'
'
'
-
0 Kitchen
��4: Ji! I mJ + -
=□
� Great Room
ce
I TR
' '
� ---� -
� � CcL---l==!c=;i
Garage

I I I I

I I I I
I I < I
20'-0" X 20'-G" -· --
□ lblx,
Ba 3 -- '
- -H-�-ll 10' O"x 12' '
1 '
-
b
'
b
OJ
-'1,---L_ � ---- --� - ---- - _J_.....,_� ____
Plan 2 -
First Floor
4-5 Bedrooms
3 Baths
2,851 s.f. Approx.

FLOOR PLANS
45x80 LOTS
0 4

NOT TO SCALE
45'-0"
_,_ ____________________ ,,_
0 0
0::,
0 ·'
0::,
4 '-0"
llf-+--l--1---Um
Lau.
dr om 3
ll'-10 xll'-2"
37'-0
"
4'-0
''
i
"
"
"
"
M. Bedroom
l;J -7" x 18'-6"
M. Ba. □
□
'
'
'
'
'
'
'
'
' '
c;,
0::,
L _______________ J_-+----'lr
.
z
b�
'
ob
+---+---L_ - - --
- ·'
-- - - _J __ ,._�
Z I
<a�
'
o::, - b
'
0 -=-a
'
'
O N
0::, ..,,.
0 4'-0
''
PI an 3 -
Second Floor
45'-0"
37'-0"
.
z
<a�
'
cob

I ,---,
,.,.., :�:
,r --------'r ----------- 7 �
==<====1=
l_
'i'
P
_
o_
,;=
,
Opt. Covered
Open Sided Patio
20 -6" X I 0'-0"
m�-1 ,-� m
□
Great Room
20'-2" X l 6'-6"
Garage
_.....,= :.--,�
20'2"x21'2"
D D
Kitchen
------------ L----,
--
,nbcc¼
--- --- --� $
I
Bedroom 4
l 1'-2"x l l'-6"
'
'
'
C
'
'
'
c,o
Clo
0 '
0 --0
0 .
z
bL
'
ob
-'i<---'>---L_
- ·'
--- - _J __,._�
8 16
Plan 3 -
First Floor
4-5 Bedrooms
3 Baths
3,043 s. f.

Approx.

NOTE:

EACH HOUSE ADDRESS SHALL BE WELL PLACED,

ILLUMINATED, EASILY RECOGNIZED AND CLEARLY

VISIBLE FROM THE ADJACENT ROADWAY
/ " .•
'

NOTTO SCALE
KEY MAP:

LOTS IN YELLOW INDICATE LOTS TO HAVE CORNER

ENHANCED ELEVATIONS
45x80 LOTS
FLOOR PLAN SETBACKS AO 2

SAMPLE STREET SCENE
Architecture+ Planning
The Leamington Building
1814 Franklin St. Suile 400
Oakland. CA 94612
5102722910
ktgycom

INTEGRAL
Communities
A DIVCl(';I fl I: IJ UA I. tHAH (;QM l'A�'Y
5'-0"
I
Ba.2
'
5 0'-0"
4 0'-0"
"
"
"
M. Ba.

M. Bedroom
15'-0"x 16'-6"
/
"
"
"
"
I
Bedroom 3
] ,f-8" X 12'-,f'
□
W.I.C.
3::J' O'' l.f.
'
'
'
'
'
'
'
'
' '
' '
L-------7 -
I
' '
5'-0"
°'
'
b
0 b
'
b
0:,
L----------------�-----,f----+
_,.__L - --- --- - _J _-'1,-�-------
b
PI an 1
Second Floor
5 0'-0"
5'-0" 4
0'-0"
5'-0"
<.---------------7 z
"? �
i:o
r---
1 - '
I All. I
I
PAD
I
b
-----+---i 1
_I_ --- __ }--:----- I_ I ___ --------- I_:r,::::=""'""'..,f�ij--+-t b
'fl
z
b�'
0:, - 0
'
0:,
I
lrFlG,een
I t::: �
I
Opt. Covered Open
Sided Patio
26' IO"xl:2'4"
LI�=' Great Room
20'-4" X 16'-8"
Garage
�
'
D
Dini 1 R 1m
12' ' X l - "
Kitchen
r;-'
'
'
'
'
'
'
*
$
'
'
'
'
'
'
'
'
'
' I I
IL.(----
x
·
m
I /
1 I I I

I I I I
' ' "
' '
' '
111-u+'-1'-- +ll
lLroom 4
b "'" '
� g
'fl
z
I b�- I -
I ob- '
_,._ __ L - - � , - ---� --� - ---- - _J -'1,-�-------
Plan 1
First Floor
4 Bedrooms

3.5 Baths
2,903 s.f. Approx.

MOWRY VILLAGE 50X80 LOTS CONCEPTUAL PLANS
NEWARK. CA #2018-1115 11-15-2019
111,
5'-0"
'
N
Bedroom 2
ll -5"xll'-6"
$
5 0'-0"
4 0'-0"
□ D □
·
:
'
'
dr
I l'-3
"
M. Ba.
i
"
"
"
'
M. Bedroo
] 6 -4" X ] 6'-0"
I
I -
[L�t; Opt!
Bedroom 5
lf
f
-lO"x 13'-6"
Opefl To
l3elow
_,.__L - ---
PI an 2 -
Second Floor
5 0' 0"
5' -0"
4 0' 0"
0 rrI -------___ r..;i
I I I
" '
HOpt. Covered:
+---- =====;;==:::;rec;;;,�;;;;=== Open Sided :
�
-
.
----'-�□
�
□�
· ,,_>..;,( '--
------_- Patio
1 b
0:,
: I0 -6"x 16'-6"
I
: Kitchen
$ '.) '.)
'.)
'.)
Bedroom 4
ll'-4"x ll'-6"
"
"
"
Garage
�:
0 :

Jox
,8
D
'
' )
: J
'
J
l
)
Dining Room
18'-lO"x l?'-4"
0 Great Room
18'-lO"x 16'-10"
l=I
5'-0"
5'-0" t
b
'
b
0:,
•
• .
z
6�'
D-b'
_,.__L ___ _
Plan 2 -
First Floor
_J
0 -- - - _ ___.,_---+
4-5 Bedrooms

3.5 Baths
3,168 s.f. Approx.

FLOOR PLANS
50x80 LOTS
0 4 8
I 5'-0''
.
z
6�
'
Mb - _,
0 '
II�

NOT TO SCALE
5 0'-0"
4 0'-0"
I
M. Bedroom
l6'-9"x 17 -5' ,...= -�□ ��=-11
17 □
D
---
Loft/ Opt.
: [] Bedroom 51ffii
��L
au
. rr
13 □
5'x 17'-0" J§El
Ir_';_; l!l
'
'
'
'
'
Open lo
fkolow
L _______ _
M. Bath
Ba.2
I
5'-0''
'
b
0:,
z
6�
'
bo
____ L - ---
- _,
--- - _J _ _____,_�---'>-
'
'
b
'
0:,
'
'
z
�
b
'
0-
.
z-
�
b
'
0:, -
PI an 3 -
Second Floor
I 5'-0"
I
i
-
I
I
I
I
I
I
I
Geen
El
I B
I
-
�
F
I
I
[
[
I
I
I
I
L -
5 0'-0"
4 0'-0"
-
,---,
' ' NC
I
�AD
'
A
'
- - - - � -. -
zb
'
�
0-- b
'
'fl
,--------- �.-- ---------,
1 r----------- -----------7 1

I I I I
'' "
'' Opt. Covered Open ''
''
''
Dining Room
===
l8'-2"x 12'-4" C
Sided Patio "
19'-J"x 10'-0"
''
''
,,
''
-
--
:,
'
�'
-'
'
'
j
'
-
I ]
��
------
------
------------- oor
-,
x�1:

Kitchen
--- ---
l�------tt (;_£) C:t--
--
--
(
)I
'
.
'
'
'
' ' '
' '
' '
' '
' '
Gara�
20 -0' X 20'-4"
�
""
' '
!;;,
•

IHI IHI
- -
- - -
"
m I
[[; □
f-
) f-
) =
Great
18'-8"x 16'-10"
Room m
l=I
L'F pd_ rd.. fr
" -
[ f\�
"' □
'
Ba.
□
--- ---
'
"'
-
1±
I
ii) =
Porch
' Bedroom 4j;j; '
Suite
l l'-4" X 1 !i'-8"
- - - -
5'-0''
--
I
I
I
I
I
I
I
I
I
I
I
I
I
I
- _J
'
z
b �
' - -
°' - b
'
0-
b
'
0 0:,
b
' --'fl
z
b �
'
0- b
'
bPlan 3 -
First Floor
4-5 Bedrooms

3.5 Baths
3,304 s.f. Approx.
16 '
'
NOTE:

EACH HOUSE ADDRESS SHALL BE WELL PLACED,

ILLUMINATED, EASILY RECOGNIZED AND CLEARLY

VISIBLE FROM THE ADJACENT ROADWAY

NOTTO SCALE
KEY MAP:

LOTS IN YELLOW INDICATE LOTS TO HAVE CORNER

ENHANCED ELEVATIONS
50x80 LOTS
FLOOR PLAN SETBACKS AO 3

SAMPLE STREET SCENE
75'-0"
18'-0" 39'-6" 17'-6" 45'-0"
14'-0" 43'-6" 17'-6" 4'-0" 37'-0" 4'-0"
10'-0" MIN.
18'-0" MIN. 10'-0" MIN.
10'-0" MIN.
7'-6"
5'-0" MIN. First Floor 1024 s.f.Garage 20'-0" x 20'-0" Entry Ba 3 Bedroom 4 / Opt. Office 10'-6" x 13'-6" Dining / Great Room 22'-2" x 18'-2" Kitchen Opt. Covered Open Sided Patio 20'-3" x 10'-0" A/C PAD 17R UP Second Floor 1251 s.f. DN17 R. Lau. Ba. 2 Bedroom 2 11'-6" x 11'-0" Bedroom 3 11'-0" x 11'-10" M. Bath M. Bedroom W.I.C. 14'-8" x 16'-6" 27'-0" l.f. 4 Bedrooms 3 Baths 2275 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X75 LOTS NEWARK, CA 2018-1115 11-01-2019 0 2 4 8 CONCEPTUAL PLANS A1.1 PLAN 1 FLOOR PLAN 4'-0" 37'-0" 4'-0" 45'-0"
75'-0"
10'-0" 50'-0" 15'-0"
18'-0" 42'-0" 15'-0"
10'-0" MIN.
18'-0" MIN. 10'-0" MIN.
10'-0" MIN.
5'-0"
5'-0" MIN. First Floor 1138 s.f.

UP
17R A/C PAD Bedroom 4 11'-4" x 11'-8" Ba. 3 Entry Garage 20'-0" x 20'-0" Great Room 15'-8" x 16'-6" Kitchen Dining Room 11'-0" x 16'-8" Opt. Covered Open Sided Patio 19'-4" x 10'-0" Second Floor 1339 s.f.

DN
17R Bedroom 2 11'-0" x 13'-0" M. Bedroom 15'-0" x 16'-8" W.I.C. 30'-0" l.f. M. Ba. Ba. 2 Bedroom 3 11'-0" x 14'-0" Lau. 4 Bedrooms 3 Baths 2477 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X75 LOTS NEWARK, CA 2018-1115 11-01-2019 0 2 4 8 CONCEPTUAL PLANS A2.1 PLAN 2 FLOOR PLAN First Floor 1193 s.f. 45'-0" 4'-0" 37'-0" 4'-0"
75'-0"
10'-0" 50'-0" 15'-0"
18'-0" 42'-0" 15'-0"
10'-0" MIN.
18'-0" MIN. 10'-0" MIN.
10'-0" MIN.
5'-0"
5'-0" MIN. UP17R A/C PAD Garage 20'-0" x 20'-0" Bedroom 4 10'-3" x 11'-0" Entry Ba. 3 Kitchen Great Room 15'-6" x 19'-6" Dining Room 14'-4" x 11'-2" Opt. Covered Open Sided Patio 15'-0" x 10'-0" DN17R Opt. Bedroom 5 10'-10" x 12'-2" Bedroom 5 Ba. 2 Bedroom 3 11'-9" x 11'-10" Bedroom 2 12'-4" x 12'-0" Lau. M.Bedroom 19'-9" x 16'-2" M. Ba. W.I.C. 30'-0" l.f. Loft / Opt. Bedroom 5 10'-10" x 14'-6" Second Floor 1500 s.f.
4 Bedrooms + Loft
Opt. Bedroom 5 3 Baths2693 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X75 LOTS NEWARK, CA 2018-1115 11-01-2019 0 2 4 8 CONCEPTUAL PLANS A3.1 PLAN 3 FLOOR PLAN First Floor 1240 s.f. Opt. Dining
8'-0" MIN.
10'-O" MIN.
18'-0" MIN. 10'-0" MIN.
10'-0" MIN.
5'-0" MIN.
80'-0"
18'-0" 43'-0" 19'-0" 45'-0" 4'-0" 37'-0"
11'-0"
17'-0" 51'-0" 12'-0"
6'-0"
11'-0" Porch Bath 3 Entry 11'-0" x 11'-4" Bedroom 4 Kitchen pantry 11'-1" x 12'- 4" Dining Room 21'-2" x 16'-11" Great RoomDrop Zone storage 21'-2" x 8'-0" Sided Patio Opt. Covered Open 20'-" x 20'-10" Garage 11'-0" x Dining METERS A/C PAD UP
17R 4'-0" Second Floor 1511 s.f. Opt. B 17'-2" x 15'-6" M. Bedroom M. Bath Linen 30'-0" l.f. W.I.C. Laund. 12'-4" x 12'-0" Bedroom 2 11'-10" x 11'-0" Bedroom 3 Bath 2 Linen 15'-1" x 16'-2" Opt. Bedrm 5 Loft /
DN
17R 4 Bedrooms + Loft
Opt. Bedroom 5 3 Baths2751 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A1.1 PLAN 1 FLOOR PLAN First Floor 1311 s.f. 45'-0" 4'-0" 37'-0" 4'-0"
80'-0"
11'-0" 49'-0" 20'-0"
18'-0" 49'-0" 13'-0"
10'-0"
5'-0"MIN.
10'-0"MIN.
10'-0"MIN.
18'-0" MIN.
10'-0" MIN. A/C PAD 15'-8" x 11'-2" Dining Room Kitchen pantry Drop Zone 20'-0" x 20'-0" Garage 20'-4" x 15'-4" Great Room10'-0" x 12'-2" Bedroom 4 Entry Bath 3 20'-4" x 10'-0" Open Sided Patio Opt. Covered storage 17R UP Second Floor 1540 s.f. Optional Bedroom 5 Laund. Bath 2 15'-0" x 15'-4" M. Bedroom M. Bath 30'-0" l.f. W.I.C. Linen 10'-6" x 11'-0" Bedroom 3 10'-6" x 10'-0" Bedroom 2 17R DN14'-6" x 16'-10" Opt. Bedrm 5 Loft / 14'-6" x 14'-6" Bedroom 5 4 Bedrooms + Loft Opt. Bedroom 5 3 Baths2851 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A2.1 PLAN 2 FLOOR PLAN First Floor 1370 s.f.
10'-0" MIN.
5'-0" MIN.
10'-0" MIN. 10'-0" MIN.
18'-0" MIN. 45'-0" 4'-0" 37'-0" 4'-0"
80'-0"
19'-0" 42'-6" 18'-6"
10'-0" 60'-0" 10'-0"
8'-6" Entry Bath 3 11'-2" x 11'-6" Bedroom 4 10'-10" x 11'-4" Opt. Den Dining / pantry Kitchen 13'-7" x 11'-4" Nook 20'-2" x 16'-6" Great Room 20'-2" x 21'-2" Garage Drop Zone 20'-6" x 10'-0" Sided Patio Opt. Covered Open A/C PAD UP
17R Second Floor 1673 s.f. M. Bath 15'-7" x 18'-6" M. Bedroom Bath 2 Laund.

Linen 11'-10" x 11'-2" Bedroom 3 11'-6" x 11'-11" Bedroom 2 30'-0" l.f. W.I.C.

Linen 20'-0" x 16'-4" Opt. Bedrm 5 Loft / 13'-8" x 12'-2" Bedroom 5 Suite Bath 4 10'-10" x 11'-4" Den Opt. Bedroom 5 Suite Opt. Den 17R DN 4 Bedrooms + Loft Opt. Bedroom 5 3 Baths3043 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A3.1 PLAN 3 FLOOR PLAN First Floor 1370 s.f.
50'-4" 11'-8"
11'-8"
5'-0" MIN.
10'-0" MIN. 5'-0" 40'-0"
10'-0" MIN. 80'-0"
58'-4"
10'-0" MIN.
10'-0" 5'
18'-0" MIN. A/C PAD 26'-10" x 12'-4" Open Sided Patio Opt. Covered 20'-2" x 20'-0" Garage 12'-3" x 10'-9" Bedroom 4 Bath 3 17R UP 20'-4" x 16'-8" Great Room 12'-2" x 12'-2" Dining Room Entry Kitchen Pdr. Drop Zone walk-in pantry 11'-8"
18'-0" Second Floor 1533 s.f. w d 10'-10" x 13'-4" Bedroom 2 14'-8" x 12'-4" Bedroom 3 Bath 2 Laund. 15'-0" x 16'-6" M. Bedroom Linen 17R DN33'-0" l.f. W.I.C. M. Bath 4 Bedrooms

3.5 Baths 2903 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 50X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A1.1 PLAN 1 FLOOR PLAN First Floor 1451 s.f.
47'-0" 15'-0"
10'-0" 5'-0" 40'-0" 5'-0" 50'-0"60'-0" 10'-0"
5'-0" MIN.
10'-0" MIN. 18'-0" MIN.
10'-0" MIN. 20'-0" x 20'-4" Garage Entry Pdr. Kitchen storage zone drop pantry linen 18'-10" x 16'-10" Great Room UP 17R 11'-4" x 11'-6" Bedroom 4 Bath 3 A/C PAD 10'-6" x 16'-6" Open Sided Patio Optional Covered 18'-10" x 12'-4" Dining Room 18'-0" Second Floor 1717 s.f. 11'-5" x 11'-6" Bedroom 2 Bath 2 Laund. 11'-3" x 11'-10" Bedroom 3 M. Bath 16'-4" x 16'-0" M. Bedroom 31'-0" l.f. W.I.C. linen below open to linen low linen low DN
17R 18'-10" x 13'-6" Opt. Bedrm 5 Loft / Opt. Bedroom 5 12'-4" x 11'-4" Bedroom 5 4 Bedrooms + Loft Opt. Bedroom 5 3.5 Baths3168 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 50X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A2.1 PLAN 2 FLOOR PLAN First Floor 1492 s.f. 5'-0" 50'-0"
49'-0" 18'-0"
10'-0" 51'-0" 19'-0"
10'-0" MIN.
10'-0" MIN.
10'-0" MIN.
13'-0" Bath 3
18'-0" MIN. 40'-0" 5'-0"
9'-0"
5'-0" MIN. 20'-0" x 20'-4" GarageKitchen 18'-2" x 12'-4" Dining Room UP 17R Pdr. 11'-4" x 15'-8" Suite Bedroom 4 Entry pantry zone drop 18'-8" x 16'-10" Great Room 19'-3" x 10'-0" Open Sided Patio Optional Covered PAD A/C Porch Second Floor 1812 s.f. Open To Below Storage Laund. Laund. Bath 4 13'-5" x 17'-0" Opt. Bedrm 5 Loft / 13'-5" x 11'-6" Bedroom 5 Opt. Bedroom 5 16'-9" x 17'-5" M. Bedroom M. Bath 35'-0" l.f. W.I.C. 11'-4" x 13'-3" Bedroom 2 11'-0" x 11'-0" Bedroom 3Bath 2 17R DN 17R DN Linen Linen 4 Bedrooms + Loft Opt. Bedroom 5 / Bath 4 3.5 Baths3304 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 50X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A3.1 PLAN 3 FLOOR PLAN Architecture + Planning
The Leamington Building
1814 Franklin Street
Suite 400Oakland, CA 94612
510.272.2910
ktgy.com

MOWRY VILLAGE APARTMENTS
NEWARK, CA # 20230877

VISIONING
JUNE 03, 2025 A0.1 SHHET INDEX
INDEX:

A 0.1 - SHEET INDEXA 1.0 - SITE PLANA 2.0 - BUILDING PLAN - LEVEL 1A 2.1 - BUILDING PLAN - LEVEL 2A 2.2 - BUILDING PLAN - LEVEL 3A 3.0 - BUILDING ELEVATIONSA 3.1 - BUILDING ELEVATIONSA 5.0 - BUILDING SECTIONA 6.0 - BUILDING PERSPECTIVEA 6.1 - BUILDING PERSPECTIVEA 7.0 - UNIT PLANS

MOWRY VILLAGE APARTMENTS, NEWARK CA
MOWRY AVENUE Plaza Open Space
24'-0"
24'-0"
4'-6"
10'-0"
Parking Residential (3-Stories)
Amenity
(2-Stories
Double height) Trash Trash / Loading Utility Utility 0 10 20 40 A1.0 SITE PLAN Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING SEPTEMBER 23, 2025 MOWRY AVENUE Trash Amenity P 2-1 Elev. P3-1 P 1-0 P 1-0 P 3-0 P 1-0 P 2-0 Utility/ Storage P 1-0 P 1-0 Utility/ Storage193'-3" 70'-6" Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 A2.0 BUILDING PLAN LEVEL 1 0 4 8 16 30"x48" 30"x48" 193'-3" Open to Below Roof Below MOWRY AVENUE P 1-0P 2-0 P 1-0 P 3-0 Trash P3-1 P 1-0 Elev. P 2-1 P 3-0 70'-6" Utility/ Storage P 2-0 Utility P 1-0 P 1-0 Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 A2.1 BUILDING PLAN LEVEL 2 0 4 8 16 MOWRY AVENUE Roof Below 193'-3"
70'-6" Roof Below 30"x48" 30"x48" P 1-0P 2-0 P 1-0 P 3-0 Trash P3-1 P 1-0 Elev. P 2-1 P 3-0 Utility/ Storage P 2-0 Utility P 1-0 P 1-0 Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 A2.2 BUILDING PLAN LEVEL 3 0 4 8 16 Level 1
10'-3" 10'-3"
±34'-0" Level 2 Level 3
10'-3" T.O.P. Mid-point of highest gable roof Top of roof ridge ±38'-0" Level 1
10'-3" 10'-3"
±34'-0" Level 2 Level 3
10'-3" T.O.P. Mid-point of highest gable roof Top of roof ridge ±38'-0" Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 3.0 BUILDING ELEVATIONS Material Legend: 1. Cementitious Lap Siding 2. Vinyl Window 3. Composite Railing 4. Cementitious Trim 5. Rafter Tails 6. Composite Roof 1 2 1. Right Elevation 2. Front Elevation 1 1 2 3 1 2 4 4 5 5 6 6 0 4 8 16 1 Level 1
10'-3" 10'-3"
±34'-0" Level 2 Level 3
10'-3" T.O.P. Mid-point of highest gable roof Top of roof ridge ±38'-0" Level 1
10'-3" 10'-3"
±34'-0" Level 2 Level 3
10'-3" T.O.P. Mid-point of highest gable roof Top of roof ridge ±38'-0" Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 3.1 BUILDING ELEVATIONS 1 2 1. Right Elevation 2. Front Elevation 1 3 Material Legend: 1. Cementitious Lap Siding 2. Vinyl Window 3. Composite Railing 4. Cementitious Trim 5. Rafter Tails 6. Composite Roof 1 2 1 2 4 4 5 6 5 6 0 4 8 16 1 Level 1
10'-3" 10'-3"
±34'-0"
Level 2Level 3
10'-3"
T.O.P.Mid-point of highest gable roof
±38'-0"
Top of roof ridge
AC Condensers
in roof well
Unit StairsUnitUnit
UnitUnitUnit
UnitUnitUnit
Amenity
UnitUnitUnit
UnitUnitUnit
StairsStairs
UnitUnitUnit
Architecture + Planning
The Leamington Building
1814 Franklin Street
Suite 400Oakland, CA 94612
510.272.2910
ktgy.com

MOWRY VILLAGE APARTMENTS
NEWARK, CA # 20230877

VISIONING
JUNE 03, 2025 A4.0 BUILDING SECTION
1 1. Section
1 0 4 8 16
Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 6.0 BUILDING PERSPECTIVES FRONT VIEW 1 Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 6.1 BUILDING PERSPECTIVES AMENITY VIEW 1 02 9'-7"x10'-0"
01 17'-1"x9'-0"
03 04
18'-2"
30'-0"
1 BEDROOM1 BATHPLAN 1-0
02 10'-7"x10'-7"
01 11'-5"x17'-0"
04 02
10'-1"x17'-0"
03 34'-0"
32'-6"
2 BEDROOM1 BATHPLAN 2-0
Architecture + Planning
The Leamington Building
1814 Franklin Street
Suite 400Oakland, CA 94612510.272.2910
ktgy.com

MOWRY VILLAGE APARTMENTS
NEWARK, CA # 20230877

VISIONING
JUNE 03, 2025 7.0 TYPICAL UNIT PLANS

CALLOUT LEGEND
01 GREAT ROOM02 BEDROOM03 BATHROOM04 KITCHEN05 BALCONY
ATTACHMENT 3

CENTRAL

MOWRY AVENUE
AVENUE

ACCESS ROUTE

MOWRY VILLAGE

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1"=800' DATE: JULY 14, 2025
F:\2872-000\ACAD\EXHIBITS\XB-97-ACCESS ROUTE 8.5X11.DWG

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM ROSEVILLE
(925) 866-0322
(916)788-4456
LEGEND
Resolution No. XXXX 1 of 4
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING A GENERAL PLAN AMENDMENT,
SPECIFIC PLAN AMENDMENT, VESTING TENTATIVE
TRACT MAP 8517, DESIGN REVIEW, ALTERNATIVE
MEANS OF COMPLIANCE, AND DENSITY BONUS WAIVER
FOR THE “MOWRY VILLAGE” SUBDIVISION PROJECT AT
7400–7550 MOWRY AVENUE (APNS 537-0850-001-11, 537- 0850-001-13, AND 537-0850-002-00)
WHEREAS, Mowry Project Owner, LLC (“Applicant”), submitted applications for a General Plan Amendment, Specific Plan Amendment, Rezoning, Vesting Tentative Tract Map, Design Review, Alternative Means of Compliance, and Density Bonus Waiver for the “Mowry Village” subdivision project (“Project”), an approximately 29.1 acre site located at 7400–7550 Mowry Avenue (APNs 537-0850-001-11, 537-0850-001-13, and 537-0850-002-00) (“Project Entitlements”); and
WHEREAS, the Project proposes demolition of the existing auto dismantler (“Pick-nPull”) and construction of 196 market-rate single-family detached homes, a 31-unit multifamily building consisting of 30 deed-restricted affordable units and one manager’s unit, on-site private streets, utility and drainage improvements, off-site roadway improvements (including the widening of Mowry Avenue), and approximately 4.89 acres of open space; and WHEREAS, the Project site is Residential Low Density on the General Plan Figure LU-1 (Land Use Diagram) and Golf/Recreation in Subarea D of the Areas 3 and 4 Specific Plan (“Specific Plan”). A General Plan Amendment (Exhibit 2) is required to re-designate a .84 acre portion of project site to High Density Residential to allow a 31-unit multifamily building consisting of 30 deed-restricted affordable units and one manager’s unit; and WHEREAS, the Project site is within Sub Area D of the Specific Plan, currently designated Golf Course or Recreational (G), and requires an amendment (Exhibit 3) to the Specific Plan to allow Residential (R); to reallocate residential unbuilt capacity from Subareas B and C to Subarea D, and to make other related revisions; and
WHEREAS, the Applicant applied for approval of a Vesting Tentative Tract Map (Tract No. 8517); and
WHEREAS, the Applicant applied for Design Review approval; and WHEREAS, the applicant seeks to satisfy the City’s Affordable Housing Program requirement through the construction of a 31-unit multifamily building consisting of 30 deedrestricted affordable units (10 very low-income and 20 low-income units) and one manager’s unit as an Alternative Means of Compliance pursuant to Newark Municipal Code Section 17.18.050; Resolution No. XXXX 2 of 4
and
WHEREAS, pursuant to Government Code Section 65915 and Newark Municipal Code Chapter 17.19, the Applicant applied for approval of Density Bonus waivers to accommodate the on-site affordable housing building, including waivers from (a) minimum lot depth, (b) setback standards, (c) on-site open space requirements and (d) parking. These waivers are necessary to physically accommodate the 31-unit multifamily building, which includes 30 deed-restricted affordable units and one manager’s unit; and
WHEREAS, the Environmental Impact Report (SCH #2021110436) (“EIR”) consisting of the Draft EIR and Responses to Comments/Final EIR has been prepared pursuant to the California Environmental Quality Act (“CEQA” (Public Resources Code § 21000 et seq.)) to analyze the environmental effects of the project and alternatives, including the Partial Affordable Alternative which is the Project recommended by staff for City Council approval; and WHEREAS, on November 19, 2025, the City Planning Commission held a public hearing on the Project Entitlements and EIR and unanimously voted (5-0) to adopt resolutions recommending that the City Council (1) certify the EIR and adopt environmental findings, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program; and (2) approve the Project and Project Entitlements; and
WHEREAS, pursuant to Newark Municipal Code Section 17.31.060 and pursuant to State law, the City published a public hearing notice in The Tri City Voice on November 25, 2025 and mailed public hearing notice as required for a public hearing before the City Council at 7:00 p.m. on December 11, 2025 at the City Administration Building, 37101 Newark Boulevard, Newark, California; and
WHEREAS, on December 11, 2025 the City Council of the City of Newark conducted a duly noticed public hearing to consider the Project and EIR, considered all public testimony, written and oral, presented at the meeting; and received and considered the written information and recommendation of the staff report for the December 11, 2025 public hearing related to the proposed Project; and
WHEREAS, the City Council fully considered the Project application, entitlements, staff report, findings of fact, conditions of approval, public comments, and all other testimony and evidence presented at the public hearing and meeting; and WHEREAS, on December 11, 2025, after the public hearing, the City Council adopted a Resolution certifying the EIR and adopting findings on impacts, mitigation measures and alternatives, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program relating to the Project; and
WHEREAS, the City Council finds that the Project satisfies the requisite findings of fact necessary for approval as set forth in the entire record for the Project and further explained in the staff report and the recommended findings of fact and determinations associated with this Resolution, as identified in “Exhibit 7” attached to this Resolution (collectively, the “Findings and Resolution No. XXXX 3 of 4
Determinations”); and
WHEREAS, the location and custodian of the Project application and other documents that constitute a record of proceedings for the Project is the City of Newark, 37101 Newark Blvd., Newark, CA 94560; and
WHEREAS, the City’s General Plan, the Newark Areas 3 and 4 Specific Plan, Zoning Code, and Municipal Code are incorporated herein by reference, and are available for review at City Hall during normal business hours and on the City’s website.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

Section 1. That the forgoing recitals are true and correct and made part of this Resolution.

Section 2. Based on the findings and determinations in the entire record, including those set forth in Exhibit 7, the City Council approves the General Plan Amendment to Figure LU-1 (Land Use Diagram) to re-designate a .84 acre portion of Subarea D from Low Density Residential to High Density Residential to allow a 31-unit multifamily building consisting of 30 deed-restricted affordable units and one manager’s unit, as set forth in “Exhibit 2.” Section 3. Based on the findings and determinations in the entire record, including those set forth in Exhibit 7, the City Council approves an amendment to Areas 3 and 4 Specific Plan, “Exhibit 3,” revising development guidelines, reallocating residential unbuilt capacity from Subareas B and C to Subarea D, allowing residential development on the 29-acre site and making other related revisions.

Section 4. Based on the findings and determinations in the entire record, including those set forth in Exhibit 7, the City Council approves the Vesting Tentative Tract Map, as identified in “Exhibit 4,” for the Mowry Village Project, subject to mitigation measures identified in the Final EIR and standard and special conditions of approval. The Vesting Tentative Tract Map will allow subdivision of the site into residential lots, private open space areas, private streets, and off-site dedication for Mowry Avenue improvements.

Section 5. The City Council approves the Design Review for the Mowry Village Project (Exhibit 5), finding that the architecture, landscaping, and site layout will enhance the appearance of the surrounding area, be compatible with adjacent neighborhoods, and comply with applicable City standards and guidelines as set forth in Exhibit 7.

Section 6. The City Council approves the Affordable Housing Agreement, “Exhibit 6,” as an Alternative Means of Compliance with the Affordable Housing Program, as authorized under Newark Municipal Code Section 17.18.050 based on the findings set forth in Exhibit 7.

Section 7. The City Council approves the requested Density Bonus Waivers (Exhibit 8) as necessary to accommodate the on-site affordable units pursuant to Government Code Section 65915(e) and Newark Municipal Code Chapter 17.19 based on the findings set forth in Exhibit 7.

Resolution No. XXXX 4 of 4
Section 8. Based on the Findings and Determinations, “Exhibit 7” attached hereto which the City Council adopts and incorporates herein by this reference, the City Council of the City of Newark does hereby approve the General Plan Amendment, Specific Plan Amendment, Design Review, Vesting Tentative Tract Map, Design Review and Alternative Means of Compliance for the Mowry Village Project, subject to the Conditions of Approval, as further set forth in “Exhibit 1,” attached hereto and incorporated herein by this reference.

Exhibits:
1: Conditions of Approval
2: General Plan Land Use Map Amendment
3: Area 3 and 4 Specific Plan Amendment Text and Maps
4: Vesting Tentative Tract Map 8517
5: Project Plans for Design Review (Site Plans, Floor Plans, Elevations, Landscape Plans) 6: Affordable Housing Satisfaction and Regulatory Agreement 7: Findings of Determination
8: Density Bonus Waivers
EXHIBIT 1

Page 1 of 24 ends

Newark City CouncilDecember 11, 2025

Newark City Council
December 11, 2025