AGENDA
REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY
COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY
REDEVELOPMENT AGENCY/ OAKLEY PUBLIC FINANCING AUTHORITY Tuesday, January 10, 2023
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561.
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.
MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.
VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard.
Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road.
Agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us.
A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000.
The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the City's website, and by emailing [email protected].
If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7000.
1 Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video.
Information Regarding Public Comment
Members of the public may address the Council on items of interest that are within the City’s jurisdiction. In compliance with State law, the council may not take actionor have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a public speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment.
PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at
https://www.ci.oakley.ca.us/online-public-comment-card/.
1.OPENING MATTERS
Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
1.2 Pledge of Allegiance to the Flag (Liam Castro and Mia Moraida, 4th Grade Students at Almond Grove Elementary)
1.3 Update from Youth Advisory Council (Lindsey Bruno, Recreation Director)
1.4 Update from California Department of Insurance (Mary Beth Bykowsky, Outreach Analyst)
1.5 Proclamation Honoring Dr. Martin Luther King Jr. (Odessa LeFrancois, President of the East County NAACP)
Proclamation
2.PUBLIC COMMENTS
2 At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items.
3.CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. The public may request to remove an item(s) to provide input by completing a public speaker card and submitting it to the City Clerk prior to the item(s) being called by the Mayor.
3.1 Approve Minutes from the Special City Council Meeting held December 13, 2022 (Libby Vreonis, City Clerk)
Minutes 12-13-22 Sp
3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held December 13, 2022 (Libby Vreonis, City Clerk) Minutes 12-13-22 Reg
3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) Memo
3.4 Fiscal Year (FY) 2022/23 Second Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
3.5 Appointment of City Council Standby Members for Newly Elected Councilmembers in the Event of a Declared Emergency (Libby Vreonis, City Clerk)
Staff Report
1. Resolution
4.PUBLIC HEARINGS
5.REGULAR CALENDAR
5.1 A Resolution of the City Council of the City of Oakley Appointing the Mayor and Vice Mayor as the City Council’s Subcommittee for City Manager Employment Matters (Derek Cole, City Attorney)
3 Staff Report
1. Proposed Resolution
5.2 Authorization for the City Manager to Execute the Second Amendment to a Purchase and Sale Agreement with the Yellow Roof Foundation for the sale of one additional property located at 4921Teakwood Drive (APN: 035-322-022) which will lead to the construction of 2 additional affordable housing units (Joshua McMurray, City Manager)
Staff Report
1. September 27, 2022 Staff Report
2. Yellow Roof Foundation Purchase and Sale Agreement First Amendment
3. Yellow Roof Foundation Purchase and Sale Agreement Second Amendment
4. Yellow Roof Foundation LOI
5. Concept Plans from August 2022
6. Draft Resolution
5.3 Consideration of a Resolution Approving an Agreement between Tyler Technologies and the City of Oakley for the Conversion from the Tyler Eden Enterprise Resource Planning (ERP) System to the Tyler Enterprise ERP System and Authorizing the City Manager to Execute the Agreement (Tim Przybyla, Finance Director)
Staff Report
1. Resolution
2. Tyler Agreement
5.4 Consideration of a Resolution Approving a Professional Consulting Services Agreement between the City of Oakley and Koa Hills for Consulting Services Associated with the Conversion from the Tyler Eden ERP System to the Tyler Enterprise ERP System and Authorizing the City Manager to Execute the Contract (Tim Przybyla, Finance Director)
Staff Report
1. Resolution
2. KOA Hills Agreement
6.REPORTS
6.1 CITY MANAGER
(a) City Manager
(b) Police Department Update from Police Chief Paul Beard
6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE
SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
4 (a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
(b) Requests for Future Agendas
7.WORK SESSIONS
7.1 637 and 639 Brownstone Preliminary General Plan Amendment (PA 01-22) – Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 9.97-acre site from Residential Very Low (RV) to Residential Low (RL) (Ken Strelo, Planning Manager) Staff Report
1. Vicinity Map
2. Notice of Work Session
3. City of Oakley General Plan Land Use Map
4. Planning Commission Staff Report dated November 1, 2022 with Attachment 4
5. Planning Commission Draft Minutes from November 1, 2022
6. Applicant's Community Workshop Flyer for December 8, 2022
7. Comments Submitted for Community Workshop on December 8, 2022
8. Applicant's Conceptual Plans
7.2 City Council Visioning and Strategic Plan Review (Joshua McMurray, City Manager)
Staff Report
1. Oakley Strategic Plan 27+
7.3 Process for Selecting Mayor and Vice-Mayor Following Implementation of District Elections (Derek Cole, City Attorney)
Staff Report
8.CLOSED SESSION
9.ADJOURN
5 P R O C L A M A T I O N
Honoring Dr. Martin Luther King Jr.
WHEREAS, Dr. Martin Luther King Jr. devoted his life to advancing equality, social justice, and opportunity for all; and
WHEREAS, Dr. King’s teachings can continue to guide and inspire us in addressing challenges in our communities; and
WHEREAS, the King Holiday and Service Act, enacted in 1994, designated the King Holiday as a National Day of Volunteer service; and
WHEREAS, the Universal Declaration of Human Rights empowers us all. The principles enshrined in the Declaration are as relevant today as they were in 1948; and WHEREAS, since 1994 millions of Americans have been inspired by the life and work of Dr. Martin Luther King Jr. to serve their neighbors and communities on the King Holiday; and WHEREAS, serving on the King Holiday is an appropriate way to honor Dr. King, meet local and national needs, bring our citizens together, and strengthen our communities and nation; and WHEREAS, the King Day of Service is the only federal holiday commemorated as a National Day of Service, and offers an opportunity for Americans to give back to their communities on the holiday and make an ongoing commitment to service throughout the year; and
WHEREAS, each of us can and must contribute to making our communities better with increased opportunity for all our citizens.
NOW, THEREFORE, I, Aaron Meadows, Mayor of the City of Oakley, on behalf of the City Council, do hereby proclaim Martin Luther King Jr. Day 2023 as a Day of Service and call upon the people of the community to pay tribute to the life and works of Dr. Martin Luther King Jr.
January 10, 2023
Aaron Meadows, Mayor
6 MINUTES OF THE SPECIAL MEETING OF THE OAKLEY CITY COUNCIL HELD DECEMBER 13, 2022
1.Opening Matters
1.1 Call to Order and Roll Call of the Oakley City Council Mayor Randy Pope called the meeting to order at 5:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were in attendance.
1.2 Pledge of Allegiance to the Flag (Logan Pope)
Logan Pope led the Pledge of Allegiance to the Flag.
1.3 Proclamation honoring Carter Owen Pope on attaining the Rank of Eagle Scout Mayor Pope presented the proclamation to Carter Pope.
2.Public Comments
None.
3.Consent Calendar
3.1 Adopt a Resolution Accepting the Results of the Canvass of the November 8, 2022 Consolidated General Municipal Election in Oakley (Libby Vreonis, City Clerk)
It was moved by Councilmember Higgins and seconded by Councilmember Williams to adopt the resolution. Motion was unanimous and so ordered. (5-0)
4.Presentations
4.1 Presentations to Councilmember Higgins
Vice Mayor Meadows called upon Gary Prost, Senior District Representative for the Office of Congressman McNerney. He was not present.
Claire Alaura, District Representative, Office of Senator Steve Glazer, presented a Certificate of Recognition to Councilmember Higgins.
Tiffanee Jones, District Director, Office of Assemblymember Lori Wilson, presented a Certificate of Recognition to Councilmember Higgins.
7 Supervisor Diane Burgis presented a Certificate of Recognition to Councilmember Higgins.
Vice Mayor Meadows presented a proclamation to Councilmember Higgins.
City Manager Joshua McMurray presented items of recognition on behalf of staff to Councilmember Higgins.
4.2 Comments by Councilmember Higgins
Councilmember Higgins thanked her husband and the Oakley community for their support.
4.3 Presentations to Mayor Pope
Vice Mayor Meadows called upon Gary Prost, Senior District Representative for the Office of Congressman McNerney. He was not present.
Claire Alaura, District Representative, Office of Senator Steve Glazer, presented a Certificate of Recognition to Mayor Pope.
Tiffanee Jones, District Director, Office of Assemblymember Lori Wilson, presented a Certificate of Recognition to Mayor Pope.
Supervisor Diane Burgis presented a Certificate of Recognition to Mayor Pope.
Vice Mayor Meadows presented a proclamation to Mayor Pope.
City Manager Joshua McMurray presented items of recognition on behalf of staff to Mayor Pope.
4.4 Comments by Mayor Pope
Mayor Pope thanked City staff for their work.
5.Special Orders
5.1 Administration of Oath of Office to Elected Councilmember Hugh Henderson (District 2) (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis administered the Oath of Office to newly elected Councilmember Hugh Henderson.
5.2 Administration of Oath of Office to Elected Councilmember Shannon Shaw (District 4) (Libby Vreonis, City Clerk)
8 City Clerk Libby Vreonis administered the Oath of Office to newly elected Councilmember Shannon Shaw.
6.Reorganization of Oakley City Council
6.1 Selection of Mayor and Vice Mayor
It was moved by Councilmember Fuller and seconded by Councilmember Williams to appoint Aaron Meadows as Mayor. Motion was unanimous and so ordered. (5-0) It was moved by Councilmember Shaw and seconded by Councilmember Henderson to appoint Anissa Williams as Vice Mayor. AYES: Henderson, Meadows, Shaw, Williams. ABSTENTIONS: Fuller. (4-0-1)
6.2 Administration of Oaths of Office to Newly Appointed Mayor and Vice Mayor (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis administered the Oath of Office to newly appointed Mayor Aaron Meadows and newly appointed Vice Mayor Anissa Williams.
6.3 Comments by Newly Appointed Mayor
Mayor Aaron Meadows commented that he is honored to be on the Council and as Mayor in the City of Oakley where his family has been present since 1899. He thanked staff. He shared that he ran for office with intent to increase public safety and economic development which he believes go hand in hand. He indicated he looks forward to building on the Oakley Logistics Center and ancillary businesses that it will bring, such as a proposed hotel near Dutch Bros. He mentioned the City has been working on the E. Cypress area, including approval of a contract for the extension of Dutch Slough to Delta and approval of a design contract from the Laurel extension bridge going over the BNSF tracks, and staff will continue to work on this area. He shared he plans to accelerate adding officers in 2023 and he is looking forward to future items and projects such as the Economic Development Work Plan, and updating the Downtown Specific Plan and Zoning Code, new ERP software, a Master Plan for the 55-acre park, and working toward a library. He mentioned he looks forward to working with staff and fellow Councilmembers in 2023. He invited everyone to a reception in the lobby and mentioned the regular meeting will begin after 6:30 p.m.
7.Adjourn to Reception
There being no further business, the meeting was adjourned at 6:24 p.m. 9 MINUTES OF THE REGULAR JOINT MEETING OF THE OAKLEY CITY
COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR
AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY/ OAKLEY
PUBLIC FINANCING AUTHORITY HELD DECEMBER 13, 2022
1.OPENING MATTERS
1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Aaron Meadows called the meeting to order at 6:55 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Anissa Williams and Councilmembers George Fuller, Hugh Henderson and Shannon Shaw were also present.
1.2 Pledge of Allegiance to the Flag (Brianna Flores Campos, 8th Grade Student at Delta Vista Middle School)
Brianna Flores Campos led the Pledge of Allegiance to the Flag.
Item 5.2 was heard prior to updates.
1.3 Update from Contra Costa Mosquito Abatement & Vector Control District Representative (Michael Krieg)
Contra Costa Mosquito Abatement & Vector Control District Representative Michael Krieg provided an update to the City Council including information regarding the District’s background, financial stability, West Nile Virus, and the Yellow-Fever Mosquito located in Martinez this year.
Councilmember Williams inquired if mosquito fish can still be picked up at the District.
Mr. Krieg shared that for reasons of environmental control, mosquito fish can no longer be picked up at the District; however, a technician may place them in appropriate locations.
1.4 Update from Tri-Delta Transit (Jeanne Krieg and Rashidi Barnes) Jeanne Krieg shared she is retiring. She introduced Rashidi Barnes, CEO. 10 1.5 Presentation of Certificate of Recognition to Jeanne Krieg, Tri-Delta Transit (Mayor)
Mayor Meadows presented a Certificate of Recognition to Jeanne Krieg.
2.PUBLIC COMMENTS
None.
3.CONSENT CALENDAR
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held November 8, 2022 (Libby Vreonis, City Clerk)
3.2 Approve Minutes from the Special City Council Meeting held November 15, 2022 (Libby Vreonis, City Clerk)
3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.4 Approve 2023 Meeting Dates (Libby Vreonis, City Clerk)
3.5 Award of Construction Contract to Centerline Striping Co., Inc. for the Fiscal Year 2022/2023 Street Restriping Project – Capital Improvement Project Number 276 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.6 Award of Construction Contract to Valentine Corporation for the construction of the Cypress Grove Subdivision Pump Station Building Project – Capital Improvement Project (CIP) Number 255 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Accepting the Subdivision Improvements Associated with the Gilbert Property (Delaney Park) Phase 2A Subdivision 9474 Located at the southeast corner of Golden State Parkway and Darigold Way (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Accepting the remaining portion of the Subdivision Improvements Associated with the Gilbert Property (Delaney Ranch) Phase I Subdivision 9473 Located at the northeast corner of East Cypress Road and Delaney Parkway (Kevin Rohani, P.E., Public Works Director/City Engineer)
11 3.9 Accepting the remaining portion of the Subdivision Improvements Associated with the Gilbert Property (Delaney Park) Phase 2B Subdivision 9481 Located at the northeast corner of Sellers Avenue and Golden State Parkway (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.10 Consideration of a Resolution Accepting the Five-Year Development Impact Fee Report and Making Required Findings (AB 1600 Annual Report) Tim Przybyla, Finance Director)
3.11 Ratify Election: Adopt Ordinance No. 16-22 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 186 within the Oakley Special Police Tax Area for Police Protection Services for the Summer Lake North project located at the northeast corner of E. Cypress Road and Bethel Island Road (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.12 Authorizing application for an exemption to the Metropolitan Transportation Commission (MTC) to designate the Contra Costa County Countywide Bicycle Advisory Committee as the City’s representative for the review of projects seeking and utilizing Transportation Development Act (TDA) Article 3 funds (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.13 Consideration and Adoption of a Resolution Requesting to the Metropolitan Transportation Commission (MTC) for the allocation of Fiscal Year 2022/2023 Transportation Development ACT (TDA) Article 3 Pedestrian/Bicycle Project Funding (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.14 Consideration of Resolution Approving a Digital Services Agreement between the City of Oakley and Buildings IOT and Authorizing the City Manager to Execute the Agreement (Tim Przybyla, Finance Director)
3.15 Adopt a Resolution Authorizing the Office of the City Clerk to Accept Claims Electronically (Libby Vreonis, City Clerk)
3.16 Approve Second Reading of Ordinance No. 17-22 authorizing the levy of a special tax commencing in Fiscal Year 2023-24 and each ensuing fiscal year thereafter solely within and relating to City of Oakley Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Councilmember Fuller requested to pull items 3.1, 3.3 and 3.4. 12 It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 3.1
Councilmember Fuller requested additional information be provided in the minutes of which the Council was provided a copy, it was made part of the meeting record, and it read as follows:
“Mayor Pope stated there was consensus among council members concerning the compensation discussions with the city manager and city attorney. Councilmember Williams said there was consensus among the councilmembers concerning salary negotiations with the city manager and city attorney. Councilmember Fuller stated he did not hear a consensus among council members regarding the issue.
Councilmember Fuller asked Ms. Fratarcangeli if she agreed there was a consensus.
Mrs. Fratarcangeli said she had a consensus. Councilmember Fuller asked what that consensus consisted of, and Ms. Fratarcangeli did not reply.
Councilmember Fuller asked Ms. Fratarcangeli if the procedure now used in salary negotiations with the City Manager and City Attorney was based on erroneous information Mr. Derek Cole received from the previous city attorney. Ms.
Fratarcangeli gave an affirmative answer. Councilmember Fuller asked Ms.
Fratarcangeli if the canons of the California State Bar required an attorney to report another attorney for misconduct if misinformation was forwarded from the original attorney. Ms. Fratarcangeli did not reply. Councilmember Fuller asked Ms.
Fratarcangeli if another attorney was aware that one attorney had received information from another attorney that was untrue and the second attorney had not reported the incident to the bar, should the third attorney report the incident of the non-reporting. Ms. Fratarcangeli did not answer.”
It was moved by Councilmember Fuller to approve the minutes with the additional information included. The motion died for lack of a second.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to approve the minutes as written. Motion was unanimous and so ordered. (5-0) Item 3.3
Councilmember Fuller inquired if the tort was served on Tri-Delta. 13 City Attorney Derek Cole confirmed the claim had been filed.
Councilmember Fuller inquired if the case is Shaeffer v. City of Oakley, et al.
Mr. Cole indicated that is the nature of the case.
Councilmember Fuller inquired if it is public record.
Mr. Cole indicated the filings and lawsuit are available with the Superior Court.
Councilmember Fuller inquired why the records are public.
Mr. Cole explained pending litigation can be excluded from public record by the agency but can be obtained through the civil court unless it is sealed by the court.
Councilmember Fuller commented the case appears in the minutes. He inquired if there is a reason why it is published on the agenda.
Mr. Cole explained the City is required to.
It was moved by Councilmember Fuller and seconded by Councilmember Shaw to accept the memo. Motion was unanimous and so ordered. (5-0) Item 3.4
Councilmember Fuller expressed his preference is to have two meeting in the months of June, July and August.
Mayor Meadows requested staff explain why the schedule is proposed as it is.
City Manager Joshua McMurray explained that the second meeting in November would fall during Thanksgiving week, the second meeting in December would fall when City Hall is closed at the end of the year, and the second meeting in the months of June, July and August have not been held to accommodate vacations. He shared that the City has still been able to effectively conduct business without the second meetings and the Council still has the ability to hold a special meeting during those months is any items need to be addressed before the next regularly scheduled meeting.
Mayor Meadows inquired if it is easier to add a meeting than to cancel a meeting. 14 Mr. McMurray explained it is easier because there is a public expectation once it has been scheduled.
Mayor Meadows inquired how long the meeting dates have been this way.
City Attorney Derek Cole indicated it has been since 2018 or 2019.
City Clerk Libby Vreonis indicated she believes that is correct for the month of June and the other months have been this way for at least the past 14 years.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to approve the meeting dates as presented. AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1)
4.PUBLIC HEARINGS-None
5.REGULAR CALENDAR
5.1 Adopt a Resolution to Approve the City Council Committee Appointment List for 2023 (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis presented the staff report.
It was moved by Councilmember Fuller and seconded by Councilmember Henderson to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.2 Consideration of a Resolution Accepting the Annual Comprehensive Financial Report (ACFR), Memorandum on Internal Control, Required Communications and Report on Agreed Upon Procedures for Fiscal Year 2021-2022 (Tim Przybyla, Finance Director)
Item 5.2 was heard prior to item 1.3.
Finance Director Tim Przybyla introduced Amy Meyer with Maze & Associates, Inc.
Ms. Meyer provided a report to the Council.
It was moved by Councilmember Fuller and seconded by Councilmember Henderson to adopt the resolution. Motion was unanimous and so ordered. (5-0) 15 6.REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray wished everyone a Happy Holiday. He shared City Hall will be closed beginning at 11:30 a.m. on Thursday, December 15, 2022, with staff returning Tuesday, January 3rd. He mentioned some limited services will still be available and the Police department will remain open. He recognized staff for their work.
(b) Planning Commission Update
Mr. McMurray reported that with the election of Councilmembers Henderson and Shaw to the Council, there are two vacancies on the Planning Commission. He indicated the process would be similar to a previous vacancy; staff would advertise heavily for applicants, the application period would be open for 3 weeks, interviews would be held and appointments made in February, and the new Planning Commissioners would be seated in March. He mentioned two seats have been reserved for upcoming CalCities’ Planning Commission Academy to be held at the end of March.
(c) Finance Update
Finance Director Tim Przybyla reported that the City of Oakley has been named as one of the lowest risk cities in California due to its fiscally responsible nature, the city has moved funds to increase earnings, the fiscal trend is good, development fee revenues are up, and the City has taken proactive measures in placing 30% in emergency reserves plus $1 million to accommodate any potential future loss of revenues for a slowing housing market, economy or recession. He discussed pension funds and OPEB obligations.
Mayor Meadows inquired about the two cities that were lowest ranked before Oakley as the third.
Mr. Przybyla indicated he would look it up and provide him the information.
6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE
SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
16 (a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
Councilmember Fuller reported he attended the Diablo Water District meeting and Marilyn Tiernan is now President of the Board and Members of the Board include Scott Pastor, Paul Seger, Jason Shaw, and Joe Kovalick. He mentioned they reported their investments are healthy and they are making some seismic adjustments to buildings. He shared that he learned discouraging news that even if things are back to normal with the rain and snow received this year, we will not be out of a drought.
Vice Mayor Williams reported she will attend the Tri-Delta Transit meeting tomorrow where interviews will be conducted for additional appointments, and she hopes to keep Sue Higgins on the Board. She shared she has been appointed to the CalCities’ Environmental Quality Policy Committee.
Mayor Meadows reported he attended a TRANSPLAN meeting last week, and he was moved from an alternate to a voting member for the Contra Costa Transportation Authority.
(b) Requests for Future Agendas
None.
7.WORK SESSIONS - None
8.CLOSED SESSION
Mayor Meadows announced the closed session items.
8.1 CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
8.2 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One potential case
8.3 CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case
9.ADJOURN
17 There being no further business, the meeting was adjourned at 8:41 p.m. 18 Date: December 14, 2022
To: Mayor and Members of City Council
From: Derek P. Cole, City Attorney and Joshua McMurray, City Manager Subject: Closed Session Report-Out Memo
FOR CONSIDERATION AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 10, 2023
Background and Analysis
The City Council considered the following closed session item during its regular meeting held November 15, 2022:
CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Direction was given, and the evaluation was continued to a future City Council meeting.
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One potential case
Direction was provided to legal counsel, and no reportable action was taken.
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
One potential case
On Motion by Councilmember Shaw, and Second by Vice Mayor Williams, the City Council voted to authorize the Office of the City Attorney to file a Health and Safety Code receivership or civil code enforcement action concerning public nuisances existing at 131 E.
Ruby Street, Oakley, California. Ayes: Vice Mayor Williams, Fuller, Henderson, and Shaw; Nays: none; Absentions: Mayor Meadows.
Fiscal Impact
None.
MEMORANDUM
Office of the City Attorney
19 Recommendation
Receive and file this report.
Attachments
None.
20 STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 10, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Fiscal Year (FY) 2022/23 Second Quarter Report on the Capital Improvement Program
Background and Analysis
This report summarizes the status of the various projects in the City of Oakley Capital Improvement Program (CIP) at the end of the Second Quarter for FY 2022/23.
The City's CIP is a multi-year forecast of capital needs that include new construction projects and planned improvements of existing facilities. The CIP establishes structure by identifying, prioritizing, approving, and the funding of capital improvement projects.
Since the demand for capital projects typically exceeds the amount of available funds, projects are prioritized based on the City Council’s Strategic Goals.
The following highlights some of the projects and their progress in the Second Quarter of FY 2022/23 (October-December 2022):
1. Oakley Regional Community Park Project
Project # 176
Schedule: Project Master Planning will start in early 2023 Budget: $3,547,859
Funding Source: Community Park Fund, and Park Impact Fee This project transforms a 55-acre site at the end of Sellers Avenue that was given to the City as part of the development agreements with the Emerson, Gilbert, and Burroughs development projects. This site had several deteriorated structures related to a dairy farm that had been closed for decades. The first phase of this project was to demolish and remove the abandoned structures, which were a safety concern, and to clean up the site. This task was 21 accomplished in the summer of 2019. In March of 2021, the City applied for a State Proposition 68 grant to fund the first phase of this project and did not qualify for the grant. The construction of the Oakley Regional Park will span several years as funding is secured through a combination of Grants and local funds. There will be a new master planning of this park that will take place in 2023 to solicit input from the community as to the features desired for incorporation in this park and develop a new concept plan that can be used for future grant funding opportunities.
2. Downtown Gateway Plaza and Infrastructure Improvement Project Project # 205
Schedule: Construction is underway
Budget: $6,500,000
Funding Source: General Capital Projects Fund, Measure J Fund, Gas Tax Fund
The Downtown Gateway Plaza and Infrastructure Improvement Project will compliment a new San Joaquin Joint Power Authorities train platform station located north of Main Street in the general area between 2nd Street and Norcross Lane.The San Joaquin Joint Power Authorities has secured the grant funding for the design and construction of the new platform station and will operate the train platform station after its construction. This train platform station is strategically located in downtown, adjacent to the Main Street Gateway Plaza and its associated parking lot. The infrastructure improvements were designed and will be constructed by the City. The new parking lot is anticipated to provide over 300 parking spaces and is a big part of the future growth for Downtown Oakley.
3. FY 2022/23 Curb, Gutter and Sidewalk Reconstruction Project Project # 275
Schedule: Construction is underway
Budget: $150,000
Funding Source: Gax Tax Fund
This project repairs and replaces damaged concrete curb, gutter, and sidewalk in the community as part of the 50-50 cost sharing program between the City and property owners. This project has been successfully implemented for the past few years and continued into FY 2022/23. This project has helped to provide safe pedestrian facilities and reduce liability and claims for trip and fall accidents.
22 4. East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) Project
Project # 247
Schedule: Construction is underway
Budget: $8,900,000
Funding Source: Traffic Impact Fee Fund
The growth and development of new subdivision projects along the East Cypress Road corridor has necessitated various infrastructure improvements to accommodate the increased traffic demands on this road. This project will reconstruct East Cypress Road from Knightsen Avenue to Jersey Island Road.
The improvements will include a 6-lane roadway, curb, gutter, sidewalks, streetlights, traffic signal, and underground utility infrastructure. The widening will stop just short of the Contra Costa Canal where the developer to the east of the canal is responsible to continue the widening and improvement of East Cypress Road to Bethel Island Road. The design of this project is complete, and the project is in the bidding phase. The construction is anticipated to start in early 2023.
5. Downtown Parking Lot Construction Project
Project # 215
Schedule: Construction is underway
Budget: $3,979,000
Funding Source: Main Street Fund, General Capital Fund
This project, in continuing the implementation of the Strategic Goals of the City Council to improve and enhance Downtown Oakley; constructed a new parking lot and associated street infrastructure on the north side of Main Street and the Norcross Lane intersection. This new parking lot is located behind the Entrepreneur Center and the new Oakley Mercantile Building and will serve the greater downtown merchants and their customers. The construction is anticipated to be completed by spring 2023.
6. Oakley Civic Center Emergency Generator Project
Project # 228
Schedule: Construction is underway
Budget: $197,500
Funding Source: General Capital Fund
23 The Civic Center facility is the center of government in Oakley. which handles all critical functions for the community residents, including Police services. The current facility does not have a standby emergency generator to address the frequent PG&E power outages that take place in this region. This project will install an emergency generator which will provide electricity to the entire Civic Center facility in times of power emergencies. The new generator has been delivered and installed and the city is currently working with PG&E to coordinate the power transfer to the new generator prior to the start-up of operations. Once this PG&E task has been completed, the generator will be on standby and ready to supply electricity during future power outages. It is anticipated that the construction work will be completed by spring 2023.
7. Holly Creek Restroom Construction Project
Project # 248
Schedule: Construction is underway
Budget: $450,000
Funding Source: Park Impact Fee Fund
This project will construct a permanent restroom facility at Holly Creek Park.
The demand for City of Oakley recreational fields continues to grow, particularly for organized sports such as Baseball and Soccer leagues. The field at Holly Creek Park is one of the favorites and a much-desired field in Oakley for leagues to use for sporting activities. This park does not have any restroom facilities which necessitates the placement of portable toilets at this park. This approach has created many operational and sanitary issues and is not a sustainable solution to address the need for a public restroom facility. This project will construct a permanent restroom facility at this park, like the restroom facility that was constructed at the Koda Dog Park. The construction of this project is currently underway, and it is anticipated that the construction work will be completed by spring 2023
8. Recreation Center Emergency Generator Project
Project # 249
Schedule: Construction is underway
Budget: $300,000
Funding Source: ARPA Fund
This project will install an emergency generator at the Oakley Recreation Center facility. The Recreation Center campus is the center of recreational activities for the Oakley community, and currently does not have a back-up power source. In periods of PG&E power outages, the operations at the Recreation Center that require electricity comes to a halt. This project will install an Emergency Generator behind the Recreation Center building to provide 24 stand-by power during periods of PG&E power outages to ensure that the Recreation Center operations will continue uninterrupted. It is anticipated that the construction work will be completed by fall 2023
9. Laurel Road Extension Project (Teton Road to Sellers Avenue) Project # 273
Schedule: Design is underway
Budget: $300,000
Funding Source: Traffic Impact Fee Fund
This Project will extend Laurel Road from Teton Road to Sellers Avenue providing an alternate and much needed secondary route for the residents of far east Oakley along East Cypress Road. Currently, the only major access in and out of far east Oakley is via East Cypress Road. This current route along East Cypress Road passes by an elementary and middle school and crosses the Burlington Northern Santa Fe (BNSF) railroad tracks. Traffic volumes have increased over the years and continue to grow with the new housing developments in far east Oakley. Extending Laurel Road from Teton Road to Sellers Avenue will provide a much-needed direct access to Highway 4 and job centers in the Bay Area and reduce traffic congestion from East Cypress Road.
This project will construct a new bridge across the BNSF railroad tracks and construct a new 4-lane roadway with curb, gutter, sidewalks, medians, and streetlights. In addition, a new traffic signal will be constructed at the intersection of Laurel Road and Sellers Avenue. The preliminary design of this project is underway which will determine the Right of Way needs of the project. Staff will be working on the Right of Way acquisition process and securing funding for this project which is estimated to be nearly $40M.
10. Laurel Road Widening Project (O'Hara Avenue to Cloverbrook Avenue Project # 280
Schedule: Design is underway
Budget: $2,500,000
Funding Source: Traffic Impact Fee Fund
Laurel Road from O'Hara Avenue to Cloverbrook Avenue is the last section of Laurel Road that needs to be widened and improved. Laurel Road is a major Arterial Road and the City's designated truck route with a direct connection to Highway 4. This section of Laurel Road has not been widened or improved due to the lack of Right of Way and is starting to deteriorate due to the large volume of vehicles that use Laurel Road every day. Staff is working with the property owners at the intersection of Laurel Road and O’Hara Avenue to obtain the necessary right of way for the roadway widening. The design of this project will 25 begin promptly and will require major utility relocation of the Western Area Power Administration (WAPA) utility poles as a part of this project. This entire project will span over 3 to 4 years to complete, due to the complex nature of its various components.
11. Enrico Cinquini Park Construction Project
Project # 281
Schedule: Design is underway
Budget: $3,500,000
Funding Source: Park Impact Fee Fund
The developer of the Stonewood Subdivision, a collection of 262 lots, was conditioned to construct a new park (Enrico Cinquini Park) at the intersection of Rose Avenue and Carpenter Road. The obligation of the developer is the total amount of their Park Impact Fee ($2.1M), which would not be sufficient to construct this park and its associated facilities and features. As a result, the City will design and construct this park by utilizing the Park Impact Fee obligation of the developer, as well as supplementing it with additional City Park Impact fees.
The beautiful and feature packed park for the community will include a new natural turf field, site grading, landscaping and irrigation, a half basketball court, a bocce ball court, a cornhole court, a splashpad water feature, a playground, and a covered picnic area.
12. City Hall Rooftop Solar Power Project
Project # 286
Schedule: Construction is underway
Budget: $5,500,000
Funding Source: Public Facility Impact Fee Fund
This project will install solar panels on the roof of the Civic Center to provide the electricity needed for the operation of the Civic Center facilities in a sustainable and environmentally friendly approach. The implementation of this project will reduce the carbon footprint of the Civic Center operations which is a part of the new Strategic Goals for the City. It is anticipated that the construction work will be completed by summer 2023
26 13. Senior Center Roof and HVAC Repair and Replacement Project Project # 288
Schedule: Construction is underway
Budget: $80,000
Funding Source: CDBG Fund
The City of Oakley has leased the former fire station building located at 215 2nd Street to the Oakley Senior Citizens group. The roof is starting to deteriorate and needs to be restored before the rainy season, and the HVAC system is also failing and inadequate for the space. The rehabilitation project includes roof restoration and replacing the HVAC system to accommodate the needs of the Senior Center and its users. This work will be funded by the Community Development Block Grant (CDBG) funds, as well as the City of Oakley’s matching funds.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
Each project listed in this report has a budgeted source of funds which have been approved by the City Council. These sources include Grants, Gas Tax, Measure J Sales Tax, Traffic Impact Fees, General Fund, Main Street Fund, and other Special Use funds. There is no fiscal impact associated with this CIP Update, this report is solely for informational purposes.
Staff Recommendation
The Oakley City Council should provide comments and input to staff on the CIP report for the Second Quarter of FY 2022/23.
27 STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 10, 2023
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Appointment of City Council Standby Members for Newly Elected Councilmembers in the Event of a Declared Emergency
Background and Analysis
Pursuant to Sections 8635-8641 of Article 15, Chapter 7, Division 1, Title 2 of the California Government Code, the City Council may appoint standby members in the event they are unavailable during a state of emergency. A Councilmember is deemed “unavailable” if “either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his duties.” (GC §8636)
On March 27, 2018, the Oakley City Council adopted Ordinance No. 04-18 to allow for the appointment of standby City Councilmembers in accordance with GC §8636.
The qualifications of a standby member should be carefully examined, the standby member must consent, and consideration should be given to places of residence and work “so that for each office for which standby officers are appointed there shall be the greatest probability of survivorship.” (GC §8639) A standby member may be a resident or officer of another agency.
A standby member is required to take the oath of office, is appointed at will of the City Council, and may be removed by the City Council at any time with or without cause. (GC §8640)
A standby member must be informed of the duties of a Councilmember, be provided a copy of Article 15, keep informed of the business of the City Council to fill the position competently, immediately report for duty during a state of emergency and fill the position when the Councilmember is unavailable during a state of emergency. The standby member serves until the regular Councilmember becomes available or the appointment of a new regular Councilmember. (GC §8641)
28 Staff recommends the City Council appoint standby members Christian A. Lauritzen III, selected by recently elected Councilmember Henderson, and Sue Higgins selected by recently elected Councilmember Shaw. Staff recommends the City Council adopt a resolution confirming such action and direct the City Clerk to administer the oath of office to the appointed standby members. Pursuant to Ordinance 04-18, standby members accept the appointment upon taking the oath of office.
Fiscal Impact
None.
Staff Recommendation
Staff recommends the City Council appoint standby members Christian A. Lauritzen III and Sue Higgins and adopt a resolution confirming such action.
Attachments
1. Resolution
29 Resolution No. XX-23 Page 1 of 2
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPOINTING
STANDBY MEMBERS TO THE OAKLEY CITY COUNCIL IN THE EVENT OF A
DECLARED EMERGENCY
WHEREAS, at the meeting of March 27, 2018, the Oakley City Council adopted Ordinance No. 04-18 which allows for the City Council to appoint standby members in the event of a declared emergency; and
WHEREAS, pursuant to Ordinance No. 04-18, following the initial appointment of standby City Councilmembers, standby members shall be appointed at the first regular Council meeting following the swearing-in of newly-elected or appointed City Councilmembers; and
WHEREAS, standby members have already been appointed for Mayor Meadows, Vice Mayor Williams and Councilmember Fuller; and
WHEREAS, newly elected Councilmembers Henderson and Shaw have selected standby members to appoint; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the following standby members are appointed to serve in the event of a declared emergency as a City Councilmember when the designated elected City Councilmember is “unavailable” as defined in Government Code Section 8636:
Councilmembers Appointed Standby City Councilmember
Hugh Henderson Christian A. Lauritzen III
Shannon Shaw Sue Higgins
PASSED, APPROVED AND ADOPTED this 10th day of January 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
30 Resolution No. XX-23 Page 2 of 2
APPROVED:
___________________
, Mayor
ATTEST:
______________________
Libby Vreonis, City Clerk
31 STAFF REPORT
Approved and Forwarded to the City Council
DATE: December 13, 2022
TO: Mayor and Members of the City Council
FROM: Derek P. Cole, City Attorney
SUBJECT: A Resolution of the City Council of the City of Oakley Appointing the Mayor and Vice Mayor as the City Council’s Subcommittee for City Manager Employment Matters
Background and Discussion
During its November 8, 2022 City Council meeting, the Council heard a report about options for negotiating over salary, benefit, and related employment matters concerning the City Manager. The Council was advised that the historic practice has been that a subcommittee of the Mayor and Vice-Mayor has handled negotiations for the Council. The City Council enacted a formal resolution to this effect in 2010, but that resolution was by its terms limited to that calendar year.
Consistent with the direction the Council provided on November 8, 2022, the proposed resolution would codify the historic practice of appointing the Mayor and Vice Mayor as the Council subcommittee for City Manager employment matters. Unlike the 2010 resolution, the proposed resolution would remain in effect until amended, superseded, or rescinded by further resolution.
Responding to discussion during the Council’s previous consideration, the proposed resolution directs the Subcommittee to receive direction in closed session from the full Council before commencing negotiations concerning any employment matter.
Attachments
1. Proposed Resolution
32 Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPOINTING THE MAYOR AND VICE MAYOR AS THE CITY COUNCIL’S
SUBCOMMITTEE FOR CITY MANAGER EMPLOYMENT MATTERS
WHEREAS, the practice of the City Council has been that the Mayor and Vice Mayor serve as the Council’s representatives for any negotiations with the City Manager concerning salary, benefits, and terms of employment; and WHEREAS, the City Council desires to codify this practice by creating a City Council subcommittee for purpose of negotiations concerning City Manager employment matters; and
WHEREAS, as a condition for creation of this Subcommittee, the City Council directs that the Mayor and Vice Mayor consult with the full City Council, in a properly scheduled and noticed closed-session discussion, before commencing any negotiations with the City Manager.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Oakley appoints the Mayor and Vice Mayor as the City Council’s subcommittee for negotiations with City Manager concerning any employment-related matters.
BE IT FURTHER RESOLVED, the appointment of the Mayor and Vice Mayor to this subcommittee shall continue until this resolution is modified, rescinded, or superseded by subsequent resolution.
PASSED, APPROVED AND ADOPTED this 10th day of January 2023 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
_________________
, Mayor
ATTEST:
____________________ __________________
Libby Vreonis, City Clerk Date
33 DATE: January 10, 2023
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Authorization for the City Manager to Execute the Second Amendment to a Purchase and Sale Agreement with the Yellow Roof Foundation for the sale of one additional property located at 4921Teakwood Drive (APN: 035-322-022) which will lead to the construction of 2 additional affordable housing units
______________________________________________________________________ Background and Analysis
This is a follow-up item to the item discussed at the September 27th City Council meeting. As background, at that City Council Meeting, Staff brought an item forward that identified one surplus property and asked the City Council for authorization to move forward with the notification process as required by AB 1255 and AB 1486. Essentially, that notification process allowed affordable housing developers to show early interest and required the City to negotiate in good faith in the hopes of disposing of the property, in the event an affordable housing developer submitted a Letter of Intent (LOI). That authorization from September 2022 was granted and Staff proceeded with the notification process. During that notification process, the City received a LOI from the Yellow Roof Foundation (YRF) that explained their interest in the parcel and that they would like to combine that parcel with the three to the south that are already under contract to be sold to them. That LOI is attached as Attachment 3 to this report. As a result of that LOI, the First Amendment to the Purchase and Sale Agreement was signed to allow the YRF more time to conduct their due diligence in anticipation of this fourth lot being added. That First Amendment is attached to this report and is the basis for why this action would be the Second Amendment to the original Purchase and Sale Agreement signed this past August..
The parcel that is the subject of this report and the LOI is located on Teakwood Drive and are more specifically identified as 4921Teakwood Drive (APN: 035-322-022). This parcel is adjacent to the three parcels already under contract, 4981, 4901 and 4911 Teakwood Drive (APN’s: 035-322-019, 035-322-020, 035-322-021). The LOI, attached,
STAFF REPORT
Approved and Forwarded to the City Council
34 has an offer of $100,000 for the parcel. The YRF would like to purchase the lot to continue with the plan to construct deed restricted affordable housing in the form of a single-family residence on the lot with each home having an attached Accessory Dwelling Unit (ADU). A concept plan including a floor plan and elevation is attached to give perspective to what the YRF is intending to construct. This is the same concept that was previously presented to the City. They intend to build what would look like a more traditional one-story home with a slightly higher roof line, which allows them to tuck the ADU on a true second floor, without the bulk and scale of a traditional two-story home.
Approval of this item would amend the existing Purchase and Sale Agreement, thereby formally agreeing to sell the fourth parcel to the Yellow Roof Foundation. Staff is supportive of this agreement and the project as conceptually proposed does directly address the affordable housing issue that exists within the City and these units would count towards the units the City needs to plan for in this next Housing Element cycle.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Community and Economic Development goal of Strategic and Thoughtful Growth, specifically the objective that requires the City provide affordable housing sites that meet our legislated Regional Housing Needs Allocation (RHNA).
Fiscal Impact
The City stands to generate approximately $100,000 of gross revenue off of the sale of the City owned parcel.
Staff Recommendation
Staff recommends that the Council adopt the resolution approving the Second Amendment to the Purchase and Sale Agreement with Yellow Roof Foundation for the sale of the real property located at 4921 Teakwood Drive (APN: 035-322-022).
Attachments
1. September 27, 2022 Staff Report
2. Yellow Roof Foundation Purchase and Sale Agreement First Amendment
3. Yellow Roof Foundation Purchase and Sale Agreement Second Amendment
4. Yellow Roof Foundation LOI
5. Concept Plans from August 2022
6. Draft Resolution
35 36
37 38
39 40
41 42
43 SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS
THIS SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (“Second Amendment”) is dated December 6, 2022 for reference purposes only, by and between YELLOW ROOF FOUNDATION, INC., a California non-profit public benefit corporation (“Buyer”) on the one hand, and the CITY OF OAKLEY, a California municipality (“Seller”) on the other hand. Buyer and Seller may be hereinafter referred to as the “Parties.” This Second Amendment shall be effective upon execution by Buyer and Seller (the “Effective Date”).
RECITALS
A. WHEREAS, Seller and Buyer have entered into that certain Purchase and Sale Agreement and Escrow Instructions, as amended by that First Amendment to Purchase and Sale Agreement and Escrow Instructions dated October 12, 2022 (collectively, the “PSA”) whereby Seller agrees to convey to Buyer three single-family lots commonly known as 4891 Teakwood Drive, 4901 Teakwood Drive, and 4911 Teakwood Drive and more particularly known as Assessor’s Parcel Numbers 035-322-019, 035-322-020 and 035-322-021, as identified in the PSA at Exhibit A.
B. WHEREAS, the Parties to the PSA desire to modify the PSA as hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto amend the PSA as follows:
AGREEMENT
1. Definition of Land. Notwithstanding anything to the contrary in the PSA, Seller and Buyer agree to augment the definition of the defined term “Land” in the PSA to include a fourth parcel of real property, commonly known as 4921 Teakwood Drive, Oakley and more particularly know as Assessor’s Parcel Number 035-322-022 (the “Fourth Lot”). All references to the Land (including references to the Property or the Real Property) in the PSA shall include the Fourth Lot.
2. Purchase Price. Section 3 of the PSA is hereby amended such that the Purchase Price for the Property, including the Fourth Lot, shall be Four Hundred Thousand and 00/100 Dollars ($400,000.00) (the “Purchase Price”).
3. Miscellaneous.
(a) All Other PSA Terms in Effect. Except to the extent the PSA is modified by this Second Amendment, all other terms and conditions of the PSA will continue in full force and effect. In the event of a conflict between the terms of the PSA and the terms of this Second Amendment, the terms of this Second Amendment shall prevail. 44 (b) Entire Agreement. This Second Amendment represents the entire agreement of Seller and Buyer with respect to the subject matter hereof, and the terms hereof shall not be amended or changed by any oral representation or agreement. This Second Amendment shall become effective only upon execution and delivery by both Seller and Buyer. (c) Successors. This Second Amendment shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective successors and permitted assigns. (d) Counterparts & Signatures. This Second Amendment may be executed in counterparts, and all signed counterparts shall, together, shall constitute one amendment. A party’s signature on this Second Amendment may be transmitted by facsimile or electronic mail or other electronic means, and such signature shall be deemed an original for all purposes and shall be binding.
(e) Authority. Each party represents and warrants that all approvals, if any, that may be required by third parties to amend the PSA have been obtained. Each signatory of this Second Amendment represents that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting. (f) Definitions. All undefined capitalized terms set forth in this Second Amendment shall have the meaning set forth in the PSA, unless otherwise modified herein.
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment effective as of the last date set forth below.
SELLER:
CITY OF OAKLEY,
a California municipality
Dated:
By:
Its:
BUYER:
YELLOW ROOF FOUNDATION, INC.,
a California non-profit public benefit corporation
Dated:
By:
Its:
45 46
47 10/14/2022
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52 Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AUTHORIZING
THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE PURCHASE
AND SALE AGREEMENT WITH THE YELLOW ROOF FOUNDATION FOR THE SALE OF THE PROPERTY LOCATED AT 4921 TEAKWOOD DRIVE (APN: 035-322-022) WHICH WILL LEAD TO THE CONSTRUCTION OF 2 ADDITIONAL AFFORDABLE
HOUSING UNITS
BE IT RESOLVED by the City Council of the City of Oakley that the City Manager is hereby authorized and directed to sign on behalf of the City that certain Second Amendment to the Purchase and Sales Agreement between the City and with the Yellow Roof Foundation for the sale of one additional parcel more specifically identified as 4921 Teakwood Drive (APN:
035-322-022).
PASSED, APPROVED AND ADOPTED this 10th day of January 2023 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
____________________
Aaron Meadows, Mayor
ATTEST:
__________________ _______ ____
Libby Vreonis, City Clerk Date
53 STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 10, 2023
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: Consideration of a Resolution Approving an Agreement between Tyler Technologies and the City of Oakley for the Conversion from the Tyler Eden Enterprise Resource Planning (ERP) System to the Tyler Enterprise ERP System and Authorizing the City Manager to Execute the Agreement
Background and Analysis
The City of Oakley has utilized the Tyler Eden ERP system as its primary financial software program since 2000, and the system has provided the necessary basic services that the City has needed as the City has grown and developed since that time.
However, technology has progressed considerably since 2000 and Tyler Eden has not stayed at the forefront of such progress. In fact, Tyer Eden is being sunset, and Tyler Technologies (Tyler) will no longer provide support for Tyler Eden, effective March 1st of 2027, and Tyler Enterprise ERP (formerly known as Tyler Munis) is the platform that Tyler Technologies is supporting as its flagship product to replace Tyler Eden.
When the City purchased Tyler Eden, the City purchased it under Tyler’s Evergreen licensing model, which allowed for upgrades to other Tyler products without having to pay for the licensing. However, Tyler Technologies has now abandoned that model and has moved to the SaaS (software as a service) model, which is offered as a subscription and does not require the purchase of licensing. With that in mind and knowing that the City had paid for licensing, staff negotiated with Tyler and was able to secure very competitive pricing that will keep the annual subscription costs much lower than many cities of similar size.
Tyler Enterprise ERP is a leading ERP system, being used by more than 2,350 public sector clients throughout the Country, and it provides a fully-integrated-system that will allow the City to increase productivity, gain efficiencies, and improve our overall operational effectiveness. The new system will allow us to automate many of our manual workflows and business processes as well as move towards a paperless environment by taking advantage of the tools built into the document management system. The current reporting capabilities with Eden are limited and are not easily 54 customized for reports or queries. The new system has several reporting options which will allow the City to make more timely and accurate decisions as well as provide us with the ability to share information more easily with Citizens and City personnel. So, rather than utilizing City resources to go through an exhaustive request for proposals (RFP) process, the City elected to utilize the Sourcewell procurement method, which streamlined the process and eliminated the need for an RFP.
Completing the conversion from one ERP system to another is always an arduous and time-consuming project, which creates a much more difficult workload for all the city staff who are involved in the process, and City staff is already working diligently to keep up with the existing workload. Therefore, it will be important to factor that observation into the expectations of staff during this approximately three-year project. To assist with the management of this project and to help ensure the success of the Tyler conversion, staff is proposing in a separate staff report to bring on expert consultants who are experienced with ERP conversions and will act as our project managers.
If these agreements are approved by the City Council, staff will work closely with the Tyler representatives and our consultants to schedule the timing for the implementation of the various modules that are being proposed for approval in the agreement. However, the tentative schedule calls for the kick-off of the conversion to take place in early July, with the last module projected for completion by March of 2026.
Consistency with the Oakley Strategic Plan 27+
This agenda item is consistent with the Strategic Plan 27+’s Finance and Fiscal Responsibility Goal for the City of Oakley to leverage its financial resources for the long-term benefit of our residents and businesses while maintaining sufficient reserves to provide stability and ensure a successful future. It is also consistent with the Finance and Fiscal Responsibility Objective to modernize Oakley to accommodate growth and improve efficiency by funding technology.
Fiscal Impact
There is no fiscal impact on the City’s General Fund of adopting this resolution. The City is using ARPA funding to leverage it financial resources for the long-term benefit of the City. The proposed agreement calls for a total use $909,983 of ARPA funds over the roughly three years of this ERP conversion project, including $405,456 of recurring annual subscription and maintenance costs. Travel expenses will be an additional cost, also paid for with ARPA fund, and are estimated to be $30,140. Total costs, including travel expenses are estimated to be $940,123.
55 Staff Recommendation
Staff recommends the City Council adopt the resolution approving an agreement between Tyler Technologies and the City of Oakley for the conversion from the Tyler Eden Enterprise Resource Planning (ERP) System to the Tyler Enterprise ERP System and authorizing the City Manager to execute the agreement.
Attachments
1. Resolution
2. Tyler Agreement
56 Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING A SOFTWARE AS A SERVICE AGREEMENT WITH TYLER TECHNOLIGES, INC., FOR
THE CONVERSION FROM THE TYLER EDEN ENTERPRISE RECOURCE
PLANNING (ERP) SYSTEM TO THE TYLER ENTERPRISE ERP SYSTEM AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Oakley plans to replace the current Tyler Eden Enterprise Resource Planning (ERP) system that is nearing the end of its lifespan; and WHEREAS, the City of Oakley has appropriated funding from the American Rescue Plan Act (ARPA) to improve efficiency by funding technology improvements and in protecting its infrastructure; and
WHEREAS, City staff have selected Tyler Enterprise ERP as the ERP system to best fit the needs of the City of Oakley, now and into the future; and WHEREAS, Tyler Technologies Inc. is a leading provider of ERP solutions in the municipal government market; and
WHEREAS, Tyler Technologies Inc. will perform the work outlined in the Software as a Service Agreement for the proposed cost of $940,123, including estimated travel expenses; and
WHEREAS, ARPA funds have been appropriated for use on such technology projects; NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Oakley City Council approves the software as a service agreement between Tyler Technologies, Inc. and the City of Oakley and authorizes the City Manager to execute the agreement.
PASSED, APPROVED AND ADOPTED this 10th day of January 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
________________
ATTEST: Aaron Meadows, Mayor
______ _____
57 Resolution No. XX-22 Page 2 of 1
Libby Vreonis, City Clerk Date
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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; WHEREAS, Client is a member of Sourcewell (formerly known as National Joint Powers Alliance) (“Sourcewell”) under member number 118499.
WHEREAS, Tyler participated in the competitive bid process in response to Sourcewell RFP #090320 by submitting a proposal, on which Sourcewell awarded Tyler a Sourcewell contract, numbered 090320-TTI (hereinafter, the “Sourcewell Contract”);
WHEREAS, documentation of the Sourcewell competitive bid process, as well as Tyler’s contract with and pricing information for Sourcewell is available at https://sourcewell-mn.gov/cooperativepurchasing/; and WHEREAS, Client desires to purchase off the Sourcewell Contract to procure Enterprise Resource Planning software functionality from Tyler, which Tyler agrees to deliver pursuant to the Sourcewell Contract and under the terms and conditions set forth below; 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 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 Oakley, California.
• “Data” means your data necessary to utilize the Tyler Software. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
• “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A 59 2
contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary.
• “Developer” means a third party who owns the intellectual property rights to Third Party Software.
• “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
• “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
• “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
• “Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
• “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
• “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E.
• “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
• “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
• “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
• “Third Party Services” means the third party services, if any, identified in the Investment Summary.
• “Third Party Software” means the third party software, if any, identified in the Investment Summary.
• “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or 60 3
indicated at Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
• “we”, “us”, “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.
SECTION B –SAAS SERVICES
1. Rights Granted.
1.1 We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9).
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement. 61 4
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the 62 5
request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance, and in the event of any change in our status, will comply with applicable notice requirements.
7. License Rights Terminate Upon Migration. When Tyler makes Tyler Software identified in the Investment Summary (the “Evergreen Modules”) and licensed pursuant to this Agreement available to the Client for use in live production, the license to the Tyler software listed in Exhibit A, Schedule 1 (hereafter, “Migration Modules”) terminates, as do Tyler’s maintenance, support, and/or update obligations for such software.
SECTION C –PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary and described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. 63 6
4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging 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. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with 64 7
any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a thirdparty 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 your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our then-current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.
10. Support of Migration Modules. Beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement, and contingent upon Client’s timely payment of annual SaaS Fees for Tyler Evergreen Modules, Client is entitled to receive, at no additional charge, maintenance and support for the Migration Modules until Tyler makes the Tyler Evergreen Modules available for use in live production.
SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not 65 8
warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services in Exhibit A, commencing on July 1, 2023, unless earlier terminated as set forth below. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.
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2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent 67 10
caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.
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SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.
69 12
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 70 13
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 an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that 71 14
party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Schedule 1: Migration Modules
Schedule 2: Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: Hyperlinked Terms
Schedule 2: DocOrigin Terms
Exhibit E Statement of Work
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.
Tyler Technologies, Inc. City of Oakley
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Oakley
One Tyler Drive 3633 Main Street
Yarmouth, ME 04096 Oakley, California 94561-5779
Attention: Chief Legal Officer Attention: ______________________________ 72 Exhibit A
Schedule 1
1 Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.
Tyler sales quotation inserted on the following pages.
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73 Exhibit A
Schedule 1
1 Exhibit A
Schedule 1
Migration Modules
Cash Register Interface Support
Financials Support
Licensing Support
Parcels w/ Permits Support
Project Accounting Support
Permits & Inspections Support Web
Tyler Cashiering Support
Payroll Support
Human Resources Support
Human Resources Support Web
Tyler Cashiering
74 Exhibit A
Schedule 2
2 Exhibit A
Schedule 2
Investment Summary
Tyler sales quotation inserted on the following pages.
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75 2022-324466-C7X0K6 CONFIDENTIAL Page 1
Quoted By: Jason Cloutier
Quote Expiration: 03/01/23
Quote Name: City of Oakley-ERP-Munis
Quote Description: City of Oakley Munis SaaS
10.26.22 Saas Term 3.00
Sales Quotation For:
City of Oakley
3633 Main St
Oakley CA 94561-5779
Phone: +1 (925) 625-7000
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting 1 160 $ 11,904.00
Accounts Payable 1 40 $ 3,759.00
Budgeting 1 40 $ 3,759.00
Capital Assets 1 40 $ 3,194.00
Cash Management 1 20 $ 2,078.00
Contract Management 1 20 $ 1,368.00
Project & Grant Accounting 1 32 $ 2,480.00
Purchasing 1 64 $ 5,306.00
Vendor Access 1 24 $ 2,900.00
Human Resources Management
Human Resources & Talent Management 1 120 $ 4,333.00
Payroll with Employee Access 1 192 $ 6,199.00
Time & Attendance - Up to 150 Employees 1 112 $ 7,001.00 Time & Attendance Mobile Access 1 0 $ 3,003.00
76 2022-324466-C7X0K6 CONFIDENTIAL Page 2
Revenue Management
Accounts Receivable 1 72 $ 2,766.00
Business Licenses 1 120 $ 3,023.00
Cashiering 1 40 $ 4,562.00
General Billing 1 32 $ 1,920.00
Civic Services
Civic Access - Community Development 1 24 $ 5,106.00
Community Development Suite 10 272 $ 10,560.00
Decision Engine 1 8 $ 7,000.00
e-Reviews 1 80 $ 8,539.00
Enterprise Permitting & Licensing Core Foundation Bundle 1 16 $ 2,012.00 My Civic 1 44 $ 8,000.00
Report Toolkit 1 0 $ 1,488.00
Workforce Mobile 5 16 $ 1,760.00
Enterprise Asset Management
Asset Maintenance & Performance - Per User 12 176 $ 11,472.00 Internal Requests License 1 0 $ 883.00
Content Management
Content Manager Core 1 32 $ 5,954.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights 1 76 $ 10,952.00 Enterprise Permitting & Licensing Advanced Automation Bundle 1 8 $ 1,460.00 Additional
Enterprise Forms Processing Software (including Common Form Set) 1 0 $ 5,440.00 GIS 22 8 $ 6,512.00
Sub-Total: $ 156,693.00
Less Discount: $ 21,282.00
TOTAL 1888 $ 135,411.00
Professional Services
77 2022-324466-C7X0K6 CONFIDENTIAL Page 3
Description Quantity Unit Price Ext Discount
Extended
Price Maintenance
EAM Post Go Live Support 80 $ 175.00 $ 0.00 $ 14,000.00 $ 0.00 EnerGov Post Go Live Supprt 80 $ 175.00 $ 0.00 $ 14,000.00 $ 0.00 Executive Insights Implementation 1 $ 4,800.00 $ 0.00 $ 4,800.00 $ 0.00 Financials Post Go Live Support 80 $ 175.00 $ 0.00 $ 14,000.00 $ 0.00 HCM Post Go Live Support 80 $ 175.00 $ 0.00 $ 14,000.00 $ 0.00 Project Management 332 $ 175.00 $ 0.00 $ 58,100.00 $ 0.00 Conversions – See Detailed Breakdown Below $ 33,927.00 $ 0.00 Onsite Implementation 504 $ 200.00 $0.00 $ 100,800.00 $ 0.00 Remote Implementation 1384 $ 175.00 $0.00 $ 242,200.00 $ 0.00 TOTAL $ 495,827.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 135,411.00
Total Tyler Services $ 495,827.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 495,827.00 $ 135,411.00
Contract Total $ 902,060.00
Estimated Travel Expenses excl in Contract
Total $ 28,770.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. 78 2022-324466-C7X0K6 CONFIDENTIAL Page 4
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Accounting
AC - Actuals up to 3 years 1 $ 1,000.00 $ 500.00 $ 500.00 AC - Budgets up to 3 years 1 $ 1,000.00 $ 500.00 $ 500.00 AC Standard COA 1 $ 2,000.00 $ 1,000.00 $ 1,000.00
Accounts Payable
AP - Checks up to 5 years 1 $ 2,200.00 $ 1,100.00 $ 1,100.00 AP - Invoice up to 5 years 1 $ 2,800.00 $ 1,400.00 $ 1,400.00 Business License
Business Licenses Opt 1 - Bills 1 $ 3,000.00 $ 1,500.00 $ 1,500.00 Business Licenses Std Master 1 $ 4,500.00 $ 2,250.00 $ 2,250.00 Conversions
Community Development 1 $ 10,575.00 $ 5,288.00 $ 5,287.00 Enterprise Asset Management
AM - Closed WO History No Cost Data 1 $ 3,000.00 $ 1,500.00 $ 1,500.00 AM - WO History With Cost Data 1 $ 3,000.00 $ 1,500.00 $ 1,500.00 AM - Work Order Asset 1 $ 4,000.00 $ 2,000.00 $ 2,000.00 General Billing
GB - Bills up to 5 years 1 $ 3,500.00 $ 1,750.00 $ 1,750.00 GB - Recurring Invoices 1 $ 1,680.00 $ 840.00 $ 840.00
GB Std CID 1 $ 1,000.00 $ 500.00 $ 500.00
Payroll
79 2022-324466-C7X0K6 CONFIDENTIAL Page 5
HR Human Resources - Certifications 1 $ 1,400.00 $ 700.00 $ 700.00 HR Human Resources - Education 1 $ 1,400.00 $ 700.00 $ 700.00 HR Human Resources - PM Action History up to 5 years 1 $ 1,400.00 $ 700.00 $ 700.00 HR Human Resources - Position Control 1 $ 1,400.00 $ 700.00 $ 700.00 HR Human Resources - Recruiting 1 $ 1,400.00 $ 700.00 $ 700.00 PR Payroll - Accrual Balances 1 $ 1,500.00 $ 750.00 $ 750.00 PR Payroll - Accumulators up to 5 years 1 $ 1,400.00 $ 700.00 $ 700.00 PR Payroll - Check History up to 5 years 1 $ 1,200.00 $ 600.00 $ 600.00 PR Payroll - Deductions 1 $ 1,800.00 $ 900.00 $ 900.00
PR Payroll - Earning/Deduction Hist up to 5 years 1 $ 2,500.00 $ 1,250.00 $ 1,250.00 PR Payroll - Standard 1 $ 2,000.00 $ 1,000.00 $ 1,000.00 PR Payroll - State Retirement Tables 1 $ 1,400.00 $ 700.00 $ 700.00 Project & Grant Accounting
PG - Actuals up to 3 years 1 $ 1,000.00 $ 500.00 $ 500.00 PG - Budgets up to 3 years 1 $ 1,000.00 $ 500.00 $ 500.00 PGA Standard 1 $ 2,000.00 $ 1,000.00 $ 1,000.00
Purchasing
Purchasing - Standard 1 $ 1,800.00 $ 900.00 $ 900.00
TOTAL $ 33,927.00
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Human Resources Management
Advanced Scheduling - Up to 100 Employees 1 56 $ 8,435.00 Advanced Scheduling Mobile Access 1 0 $ 2,352.00
Recruiting 1 16 $ 904.00
Data Insights
80 2022-324466-C7X0K6 CONFIDENTIAL Page 6
Open Finance 1 0 $ 12,000.00
Subscription Fees
ACFR Statement Builder 1 32 $ 6,070.00
TOTAL: 104 $ 29,761.00
Optional Tyler Annual Services
Description Qty Imp. Hours Annual Fee
Recurring Services
Managed Detection & Response 1 0 $ 15,000.00
TOTAL: 0 $ 15,000.00
Optional Professional Services
Description Quantity Unit Price Ext. Discount Extended Price Maintenance Install Fee - Managed Detection & Response 1 $ 1,000.00 $ 0.00 $ 1,000.00 $ 0.00 Install Fee - Open Finance 1 $ 3,200.00 $ 0.00 $ 3,200.00 $ 0.00 Onsite Implementation 28 $ 200.00 $ 0.00 $ 5,600.00 $ 0.00 Remote Implementation 76 $ 175.00 $ 0.00 $ 13,300.00 $ 0.00 TOTAL $ 23,100.00 $ 0.00
Optional 3rd Party Hardware, Software and
Services
Description Qty Unit Price
Unit
Discount
Total Price
Unit
Maint/SaaS
Unit
Maint/SaaS
Discount
Total
Maint/SaaS
Pattern Stream Automated Document System -
Implementation 40 $ 175.00 $ 0.00 $ 7,000.00 $ 0.00 $ 0.00 $ 0.00 Pattern Stream Automated Document System -
SaaS 1 $ 0.00 $ 0.00 $ 0.00 $ 14,372.00 $ 0.00 $ 14,372.00 81 2022-324466-C7X0K6 CONFIDENTIAL Page 7
TOTAL $ 7,000.00 $ 14,372.00
Tyler Annual Discount Detail (Excludes Optional Products) Description Annual Fee
Annual Fee
Discount Annual Fee Net
Financial Management
Accounting $ 11,904.00 $ 2,500.00 $ 9,404.00
Accounts Payable $ 3,759.00 $ 789.00 $ 2,970.00
Budgeting $ 3,759.00 $ 789.00 $ 2,970.00
Capital Assets $ 3,194.00 $ 319.00 $ 2,875.00
Cash Management $ 2,078.00 $ 208.00 $ 1,870.00
Contract Management $ 1,368.00 $ 137.00 $ 1,231.00
Project & Grant Accounting $ 2,480.00 $ 521.00 $ 1,959.00 Purchasing $ 5,306.00 $ 1,114.00 $ 4,192.00
Vendor Access $ 2,900.00 $ 290.00 $ 2,610.00
Human Resources Management
Human Resources & Talent Management $ 4,333.00 $ 910.00 $ 3,423.00 Payroll with Employee Access $ 6,199.00 $ 1,302.00 $ 4,897.00 Time & Attendance - Up to 150 Employees $ 7,001.00 $ 700.00 $ 6,301.00 Time & Attendance Mobile Access $ 3,003.00 $ 300.00 $ 2,703.00 Revenue Management
Accounts Receivable $ 2,766.00 $ 581.00 $ 2,185.00
Business Licenses $ 3,023.00 $ 635.00 $ 2,388.00
Cashiering $ 4,562.00 $ 456.00 $ 4,106.00
General Billing $ 1,920.00 $ 403.00 $ 1,517.00
Civic Services
Civic Access - Community Development $ 5,106.00 $ 511.00 $ 4,595.00 Community Development Suite $ 10,560.00 $ 1,060.00 $ 9,500.00 Decision Engine $ 7,000.00 $ 700.00 $ 6,300.00
e-Reviews $ 8,539.00 $ 854.00 $ 7,685.00
Enterprise Permitting & Licensing Core Foundation Bundle $ 2,012.00 $ 201.00 $ 1,811.00 My Civic $ 8,000.00 $ 800.00 $ 7,200.00
82 2022-324466-C7X0K6 CONFIDENTIAL Page 8
Report Toolkit $ 1,488.00 $ 149.00 $ 1,339.00
Workforce Mobile $ 1,760.00 $ 175.00 $ 1,585.00
Enterprise Asset Management
Asset Maintenance & Performance - Per User $ 11,472.00 $ 1,152.00 $ 10,320.00 Internal Requests License $ 883.00 $ 88.00 $ 795.00
Content Management
Content Manager Core $ 5,954.00 $ 595.00 $ 5,359.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights $ 10,952.00 $ 1,095.00 $ 9,857.00 Enterprise Permitting & Licensing Advanced Automation
Bundle $ 1,460.00 $ 146.00 $ 1,314.00
Additional
Enterprise Forms Processing Software (including Common
Form Set) $ 5,440.00 $ 1,142.00 $ 4,298.00
GIS $ 6,512.00 $ 660.00 $ 5,852.00
TOTAL $ 156,693.00 $ 21,282.00 $ 135,411.00
Comments
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments. 83 2022-324466-C7X0K6 CONFIDENTIAL Page 9
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-theTrainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
As a new Tyler client, you are entitled to a 14-day or a 30-day trial of the Managed Detection and Response cybersecurity service. Please reference https://www.tylertech.com/services/tyler-detect for more information on the service and contact [email protected] to initiate the trial.
Tyler currently supports the following identity providers (IdP's) for use with Tyler back-office solutions: Microsoft Active Directory through Azure AD, ADFS or Okta AD agent, Google Cloud Identity, Okta, and Identity Automation Rapid Identity. Any requirement by you to use an IdP not supported by Tyler will require additional costs, available upon request.
EnerGov Community Development: Tyler leads and owns the "Assess and Define" and "Configuration" 2 unique business transactions, 2 template business transactions, 1 geo-rules and 1 automation events. Configuration elements beyond this will be owned by the client.
Content Manager SE includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.
The SaaS fees for product that are not named users are based on 32 concurrent users. Should the number of concurrent users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories.
Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 1099INT, 1099S, 1099NEC and 1099G.
Business license library includes: standard business license and standard renewal application.
General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.
Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.
Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.
In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non-Tyler applications, Client must 84 2022-324466-C7X0K6 CONFIDENTIAL Page 10
purchase or upgrade to Content Manager Enterprise Edition.
For the avoidance of doubt, Managed Detection & Response is a subscription service, not SaaS. Notwithstanding the foregoing language, payment of annual subscription fees for Managed Detection & Response commence on the availability of the service. Managed Detection & Response services will renew automatically for additional one (1) year terms, and subsequent subscription fees are due annually in advance on the anniversary of the availability date at our then-current rates. Pricing is based on client's current network size as defined by their entity size.
Any material increases of network size may result in additional fees being assessed for the Managed Detection & Response service upon renewal. The quoted Managed Detection & Response amount does not include monitoring of student devices nor analysis of student network traffic. Tyler can quote an additional fee for these services.
Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights SaaS Services, or certain Tyler solutions which include Tyler’s Data & Insights data platform, are subject to the Terms of Services, available at https://www.tylertech.com/terms/data-insights-saas-servicesterms-of-service. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.
85 Exhibit B
1 Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates. Beginning on the commencement of the initial term, Client shall no longer be required to pay annual support fees for the Migration Modules.
2. Other Tyler Software and Services.
2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN.
2.2 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.
2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the best practice recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.
2.4 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.
2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed 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. 86 Exhibit B
2 2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document.
2.7 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
3. Third Party Products.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you for downloading.
3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 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.
3.5 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in Exhibit A and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.
6. Credit for Prepaid Maintenance and Support Fees for Migration Modules. Client will receive a credit for the maintenance and support fees prepaid for the Migration Modules for the time period commencing on the first day of the initial term, as set forth in Section F (1) of this Agreement. Migration Modules are listed at Exhibit A, Schedule 1.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We 87 Exhibit B
3 prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].
88 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. 89 Exhibit B
Schedule 1
2 2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
90 Exhibit B
Schedule 1
3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. 91 Exhibit B
Schedule 1
4 5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. 92 Exhibit C
1 Exhibit C
Service Level Agreement
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar quarter, 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: (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 quarter 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.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
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 93 Exhibit C
2 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 quarter.
In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable quarter. We will respond to your relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 99.50% Remedial action will be taken
99.49% - 98.50% 2%
98.49% - 97.50% 4%
97.49% - 96.50% 6%
96.49% - 95.50% 8%
Below 95.50% 10%
* Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable that the Tyler Software will be unavailable during the maintenance window.
94 Exhibit C
Schedule 1
1 Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configurationbased questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.
New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of 95 Exhibit C
Schedule 1
2 such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client will reasonably set the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated the reported Defect/support incident.
Priority
Level Characteristics of Support Incident Resolution Targets* 1 Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
96 Exhibit C
Schedule 1
3 Priority
Level Characteristics of Support Incident Resolution Targets* 2 High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted data is limited to assisting the Client in restoring its last available
database.
3 Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall
occur at least quarterly. For non-hosted customers,
Tyler’s responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
4 Noncritical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*
Response and Resolution Targets may differ by product or business need Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. 97 Exhibit D
1 Exhibit D
Third Party Terms
98 Exhibit D
Schedule 1
1 Exhibit D
Schedule 1
Hyperlinked 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.
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Schedule 2
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DocOrigin Terms
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Exhibit E
1 Exhibit E
Statement of Work
Statement of Work inserted on the following pages.
106
Oakley, CA
SOW from Tyler Technologies, Inc.
10/20/2022
Presented to:
3633 Main St
Oakley, CA 94561-5779
Contact:
Richard Boven
Email: [email protected]
One Tyler Drive, Yarmouth, ME 04096
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Table of Contents
PART 1: EXECUTIVE SUMMARY...............................................................................................................1 Project Overview............................................................................................................................. 1 Introduction ........................................................................................................................................ 1 Project Goals....................................................................................................................................... 1 Methodology....................................................................................................................................... 1 PART 2: PROJECT FOUNDATION .............................................................................................................3 Project Governance ......................................................................................................................... 3 Project Scope Control ...................................................................................................................... 4 Managing Scope and Project Change ................................................................................................. 4 Change Control ................................................................................................................................... 4 Change Request Management............................................................................................................ 4 Acceptance Process ......................................................................................................................... 6 Roles and Responsibilities................................................................................................................ 6 Tyler Roles & Responsibilities............................................................................................................. 6 Tyler Executive Manager............................................................................................................. 7 Tyler Implementation Manager.................................................................................................. 7 Tyler Project Manager................................................................................................................. 7 Tyler Implementation Consultant............................................................................................... 8 Tyler Sales ................................................................................................................................... 8 Tyler Technical Services.............................................................................................................. 8 City Roles & Responsibilities............................................................................................................... 9 City Executive Sponsor................................................................................................................ 9 City Steering Committee............................................................................................................. 9 City Project Manager .................................................................................................................. 9 City Functional Leads ................................................................................................................ 11 City Power Users....................................................................................................................... 11 City End Users ........................................................................................................................... 12 City Technical Lead.................................................................................................................... 12 City Change Management Lead ................................................................................................ 13 PART 3: PROJECT PLAN........................................................................................................................... 14 Project Stages.................................................................................................................................14 Initiate and Plan ................................................................................................................................ 15 Initial Coordination ................................................................................................................... 15 Project/Phase Planning ............................................................................................................. 16 Infrastructure Planning ............................................................................................................. 17 108
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Stakeholder Meeting................................................................................................................. 18 GIS Preparation ......................................................................................................................... 19 Control Point 1: Initiate & Plan Stage Acceptance.................................................................... 20 Assess & Define................................................................................................................................. 20 Solution Orientation.................................................................................................................. 20 Current & Future State Analysis................................................................................................ 21 Conversion Assessment ............................................................................................................ 22 Intentionally left blank.............................................................................................................. 23 Intentionally left blank.............................................................................................................. 23 Control Point 2: Assess & Define Stage Acceptance................................................................. 23 Prepare Solution ............................................................................................................................... 24 Initial System Deployment........................................................................................................ 24 Configuration ............................................................................................................................ 25 Process Refinement .................................................................................................................. 26 Conversion Delivery .................................................................................................................. 27 Intentionally left blank.............................................................................................................. 29 Intentionally left blank.............................................................................................................. 29 Control Point 3: Prepare Solution Stage Acceptance................................................................ 29 Production Readiness ....................................................................................................................... 30 Solution Validation.................................................................................................................... 30 Go-Live Readiness..................................................................................................................... 31 End User Training...................................................................................................................... 32 Control Point 4: Production Readiness Stage Acceptance........................................................ 33 Production......................................................................................................................................... 33 Go-Live ...................................................................................................................................... 33 Transition to Client Services...................................................................................................... 35 Post Go-Live Activities............................................................................................................... 35 Control Point 5: Production Stage Acceptance......................................................................... 36 Close.................................................................................................................................................. 37 Phase Closeout.......................................................................................................................... 37 Project Closeout........................................................................................................................ 38 Control Point 6: Close Stage Acceptance.................................................................................. 39 General Assumptions......................................................................................................................39 Project............................................................................................................................................... 39 Organizational Change Management ............................................................................................... 40 Resources and Scheduling ................................................................................................................ 40 Data................................................................................................................................................... 40 Facilities............................................................................................................................................. 41 Glossary .........................................................................................................................................42 PART 4: APPENDICES ............................................................................................................................... 45 Conversion .....................................................................................................................................45 Enterprise Permitting & Licensing Conversion Summary ................................................................. 45 109
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Community Development......................................................................................................... 45 Enterprise ERP Conversion Summary ............................................................................................... 45 Accounting COA ........................................................................................................................ 45 Accounting - Actuals.................................................................................................................. 46 Accounting - Budgets................................................................................................................ 46 Accounts Payable Master.......................................................................................................... 46 Accounts Payable - Checks........................................................................................................ 46 Accounts Payable - Invoices...................................................................................................... 46 Business License Master ........................................................................................................... 46 Business License - Bills.............................................................................................................. 46 General Billing CID..................................................................................................................... 46 General Billing – Recurring Invoices.......................................................................................... 46 General Billing – Bills................................................................................................................. 47 Asset Maintenance – Work Order Assets................................................................................. 47 Asset Maintenance – Closed Work Order History No Cost Data .............................................. 47 Asset Maintenance – Work Order History with Cost Data ....................................................... 47 Payroll ....................................................................................................................................... 47 Payroll – Certifications.............................................................................................................. 47 Payroll – Education ................................................................................................................... 47 Payroll – PM Action History ...................................................................................................... 47 Payroll – Position Control.......................................................................................................... 47 Payroll – Recruiting ................................................................................................................... 48 Payroll – Accrual Balances......................................................................................................... 48 Payroll – Accumulators ............................................................................................................. 48 Payroll – Check History ............................................................................................................. 48 Payroll - Deductions.................................................................................................................. 48 Payroll – Earning/Deduction Hist.............................................................................................. 48 Payroll – State Retirement Tables............................................................................................. 48 Project Grant Accounting.......................................................................................................... 48 Project Grant Accounting - Actuals........................................................................................... 48 Project Grant Accounting – Budget .......................................................................................... 49 Purchase Orders........................................................................................................................ 49 Additional Appendices................................................................................................................50 Enterprise Permitting & Licensing Definitions.................................................................................. 50 “Template Business Transactions”............................................................................................ 50 “Unique Business Transactions” ............................................................................................... 50 “Geo-Rules”............................................................................................................................... 50 “Automation Events” ................................................................................................................ 51 “Enterprise Permitting & Licensing SDK/API (Toolkits)” ........................................................... 51 Intentionally left blank...................................................................................................................... 51 Project Timeline..........................................................................................................................52 ERP Project Timeline ......................................................................................................................... 52 Intentionally left blank...................................................................................................................... 53 110
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Part 1: Executive Summary
Project Overview
Introduction
Tyler Technologies (“Tyler”) is the largest and most established provider of integrated software and technology services focused solely on the public sector. Tyler’s end-to-end solutions empower public sector entities including local, state, provincial and federal government, to operate more efficiently and connect more transparently with their constituents and with each other. By connecting data and processes across disparate systems, Tyler’s solutions transform how clients gain actionable insights that solve problems in their communities.
Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, and roles and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler and the City (collectively the “Project”).
The overall goals of the project are to:
▪ Successfully implement the contracted scope on time and on budget ▪ Increase operational efficiencies and empower users to be more productive ▪ Improve accessibility and responsiveness to external and internal customer needs ▪ Overcome current challenges and meet future goals
Methodology
This is accomplished by the City and Tyler working as a partnership and Tyler utilizing its depth of implementation experience. While each Project is unique, all will follow Tyler’s six-stage methodology. Each of the six stages is comprised of multiple work packages, and each work package includes a narrative description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.
Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the City’s complexity and organizational needs. 111
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The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both the City and Tyler commit to including the necessary leadership and governance. During each stage of the Project, it is expected that the City and Tyler Project teams work collaboratively to complete tasks. An underlying principle of Tyler’s Implementation process is to employ an iterative model where the City’s business processes are assessed, configured, validated, and refined cyclically in line with the project budget. This approach is used in multiple stages and work packages as illustrated in the graphic below.
The delivery approach is systematic, which reduces variability and mitigates risks to ensure Project success. As illustrated, some stages, along with work packages and tasks, are intended to be overlapping by nature to complete the Project efficiently and effectively.
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Part 2: Project Foundation
Project Governance
Project governance is the management framework within which Project decisions are made. The role of Project governance is to provide a decision-making approach that is logical, robust, and repeatable. This allows organizations to have a structured approach for conducting its daily business in addition to project related activities.
This section outlines the resources required to meet the business needs, objectives, and priorities for the Project, communicate the goals to other Project participants, and provide support and guidance to accomplish these goals. Project governance defines the structure for escalation of issues and risks, Change Control review and authority, and Organizational Change Management activities. Throughout the Statement of Work Tyler has provided RACI Matrices for activities to be completed throughout the implementation which will further outline responsibilities of different roles in each stage. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage.
The chart below illustrates an overall team perspective where Tyler and the City collaborate to resolve Project challenges according to defined escalation paths. If project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City Steering Committee become the escalation points to triage responses prior to escalation to the City and Tyler executive sponsors. As part of the escalation process, each Project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City and Tyler executive sponsors serve as the final escalation point. 113
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Project Scope Control
Managing Scope and Project Change
Project Management governance principles contend that there are three connected constraints on a Project:
budget, timeline, and scope. These constraints, known as the “triple constraints” or project management triangle, define budget in terms of financial cost, labor costs, and other resource costs. Scope is defined as the work performed to deliver a product, service or result with the specified features and functions, while time is simply defined as the schedule. The Triple Constraint theory states that if you change one side of the triangle, the other two sides must be correspondingly adjusted. For example, if the scope of the Project is increased, cost and time to complete will also need to increase. The Project and executive teams will need to remain cognizant of these constraints when making impactful decisions to the Project. A simple illustration of this triangle is included here, showing the connection of each item and their relational impact to the overall Scope.
A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level of flexibility to incorporate approved changes. Scope and changes within the project will be managed using the change control process outlined in the following section.
Change Control
It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g., new constraints or opportunities are discovered). This Project is being undertaken with the understanding that Project scope, schedule, and/or cost may need to change to produce optimal results for stakeholders.
Changes to contractual requirements will follow the change control process specified in the final contract, and as described below.
Change Request Management
Should the need for a change to Project scope, schedule, and/or cost be identified during the Project, the change will be brought to the attention of the Steering Committee and an assessment of the change will occur. While such changes may result in additional costs and delays relative to the schedule, some changes may result in less cost to the City; for example, the City may decide it no longer needs a deliverable originally defined in the Project. The Change Request will include the following information:
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▪ The nature of the change.
▪ A good faith estimate of the additional cost or associated savings to the City, if any. ▪ The timetable for implementing the change.
▪ The effect on and/or risk to the schedule, resource needs or resource responsibilities.
The City will use its good faith efforts to either approve or disapprove any Change Request within ten (10) Business Days (or other period as mutually agreeable between Tyler and the City). Any changes to the Project scope, budget, or timeline must be documented and approved in writing using a Change Request form. These changes constitute a formal amendment to the Statement of Work and will supersede any conflicting term in the Statement of Work.
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Acceptance Process
The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions will vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the success of the Project that each City office or department designates specific individuals for making decisions on behalf of their offices or departments.
Both Tyler and the City will identify representative project managers. These individuals will represent the interests of all stakeholders and serve as the primary contacts between the two organizations.
The coordination of gaining City feedback and approval on Project deliverables will be critical to the success of the Project. The City project manager will strive to gain deliverable and decision approvals from all authorized City representatives. Given that the designated decision-maker for each department may not always be available, there must be a designated proxy for each decision point in the Project. Assignment of each proxy will be the responsibility of the leadership from each City department. The proxies will be named individuals that have the authorization to make decisions on behalf of their department.
The following process will be used for accepting Deliverables and Control Points:
▪ The City shall have five (5) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the City does not provide acceptance or acknowledgement within five (5) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
▪ If the City does not agree the Deliverable or Control Point meets requirements, the City shall notify Tyler project manager(s), in writing, with reasoning within five (5) business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. ▪ Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The City shall then have two (2) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the City does not provide acceptance within two (2) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for the City and Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at the City, but are roles defined within the Project. It is common for individual resources on both the Tyler and City project teams to fill multiple roles. Similarly, it is common for some roles to be filled by multiple people.
Tyler Roles & Responsibilities
Tyler assigns a project manager prior to the start of each Phase of the Project (some Projects may only be one Phase in duration). Additional Tyler resources are assigned as the schedule develops and as needs arise. 116
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Tyler Executive Manager
Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the Project team and collaborates with other Tyler department managers as needed to escalate and facilitate implementation Project tasks and decisions. ▪ Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying the City ’s overall organizational strategy.
▪ Authorizes required Project resources.
▪ Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process.
▪ Acts as the counterpart to the City ’s executive sponsor.
Tyler Implementation Manager
▪ Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. The Tyler project managers consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler Project Manager or with City management as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. ▪ Assigns Tyler Project personnel.
▪ Provides support for the Project team.
▪ Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources.
▪ Monitors Project progress including progress towards agreed upon goals and objectives.
Tyler Project Manager
▪ The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources between departments, management of the Project budget and schedule, effective risk, and issue management, and is the primary point of contact for all Project related items. As requested by the City, the Tyler Project Manager provides regular updates to the City Steering Committee and other Tyler governance members. Tyler Project Manager’s role includes responsibilities in the following areas:
Contract Management
▪ Validates contract compliance throughout the Project. ▪ Ensures Deliverables meet contract requirements.
▪ Acts as primary point of contact for all contract and invoicing questions. ▪ Prepares and presents contract milestone sign-offs for acceptance by the City project manager(s). ▪ Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance.
Planning
▪ Delivers project planning documents.
▪ Defines Project tasks and resource requirements.
▪ Develops initial Project schedule and Project Management Plan. ▪ Collaborates with the City project manager(s) to plan and schedule Project timelines to achieve ontime implementation. 117
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Implementation Management
▪ Tightly manages Scope and budget of Project to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. ▪ Establishes and manages a schedule and Tyler resources that properly support the Project Schedule and are also in balance with Scope/budget.
▪ Establishes risk/issue tracking/reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to the City any items that may impact the outcomes of the Project.
▪ Collaborates with the City ’s project manager(s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the project.
▪ Collaborates with the City ’s project manager(s) to set a routine communication plan that will aide all Project team members, of both the City and Tyler, in understanding the goals, objectives, status, and health of the Project.
Resource Management
▪ Acts as liaison between Project team and Tyler manager(s). ▪ Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. ▪ Provides direction and support to Project team.
▪ Manages the appropriate assignment and timely completion of tasks as defined in the Project Schedule, task list, and Go-Live Checklist.
▪ Assesses team performance and adjusts as necessary.
▪ Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks.
Tyler Implementation Consultant
▪ Completes tasks as assigned by the Tyler project manager(s). ▪ Documents activities for services performed by Tyler. ▪ Guides the City through software validation process following configuration. ▪ Assists during Go-Live process and provides support until the City transitions to Client Services. ▪ Facilitates training sessions and discussions with the City and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. ▪ May provide conversion review and error resolution assistance.
Tyler Sales
▪ Supports Sales to Implementation knowledge transfer during Initiate & Plan. ▪ Provides historical information, as needed, throughout implementation. ▪ Participates in pricing activities if additional licensing and/or services are needed.
Tyler Technical Services
▪ Maintains Tyler infrastructure requirements and design document(s). ▪ Involved in system infrastructure planning/review(s). ▪ Provides first installation of licensed software with initial database on servers. ▪ Supports and assists the project team with technical/environmental issues/needs. ▪ Deploys Tyler products.
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▪ Conducts GIS Planning.
▪ Reviews GIS data and provides feedback to the City.
▪ Loads City provided GIS data into the system.
City Roles & Responsibilities
City resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles.
City Executive Sponsor
The City executive sponsor provides support to the Project by providing strategic direction and communicating key issues about the Project and its overall importance to the organization. When called upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive sponsor engages in the Project, as needed, to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day Project activities. The executive sponsor empowers the City steering committee, project manager(s), and functional leads to make critical business decisions for the City. ▪ Champions the project at the executive level to secure buy-in. ▪ Authorizes required project resources.
▪ Actively participates in organizational change communications.
City Steering Committee
The City steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation for the Project’s value throughout the organization. The steering committee oversees the City project manager and Project through participation in regular internal meetings. The City steering committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. The City steering committee also serves as primary level of issue resolution for the Project. ▪ Works to resolve all decisions and/or issues not resolved at the project manager level as part of the escalation process.
▪ Attends all scheduled steering committee meetings.
▪ Provides support for the project team.
▪ Assists with communicating key project messages throughout the organization. ▪ Prioritizes the project within the organization.
▪ Ensures the project staffed appropriately and that staff have necessary resources. ▪ Monitors project progress including progress towards agreed upon goals and objectives. ▪ Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
o Project Goals
o City Policies
o Needs of other client projects
City Project Manager
The City shall assign project manager(s) prior to the start of this project with overall responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment. The City Project 119
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Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the City project manager(s) do not have the knowledge or authority to make decisions, he or she engages the necessary resources to participate in discussions and make decisions in a timely fashion to avoid Project delays. The City project manager(s) are responsible for reporting to the City steering committee and determining appropriate escalation points.
Contract Management
▪ Validates contract compliance throughout the project. ▪ Ensures that invoicing and Deliverables meet contract requirements. ▪ Acts as primary point of contact for all contract and invoicing questions. Collaborates on and approves Change Requests, if needed, to ensure proper scope and budgetary compliance.
Planning
▪ Reviews and accepts project planning documents.
▪ Defines project tasks and resource requirements for the City project team. ▪ Collaborates in the development and approval of the project schedule. ▪ Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on-time implementation.
Implementation Management
▪ Tightly manages project budget and scope.
▪ Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure that scope changes and budget (planned versus actual) are transparent and handled effectively and efficiently.
▪ Collaborates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the project schedule as a whole and is also in balance with scope and budget. ▪ Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to Tyler any items that may impact the outcomes of the project. ▪ Collaborates with Tyler project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project. ▪ Routinely communicates with both the City staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the project by all team members. ▪ Manages the requirements gathering process and ensure timely and quality business requirements are being provided to Tyler.
Resource Management
▪ Acts as liaison between project team and stakeholders. ▪ Identifies and coordinates all City resources across all modules, phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices.
▪ Provides direction and support to project team.
▪ Builds partnerships among the various stakeholders, negotiating authority to move the project forward.
▪ Manages the appropriate assignment and timely completion of tasks as defined. ▪ Assesses team performance and takes corrective action, if needed. 120
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▪ Provides guidance to City technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. ▪ Owns the relationship with in-Scope 3rd party providers and aligns activities with ongoing project tasks.
▪ Ensures that users have appropriate access to Tyler project toolsets as required. ▪ Conducts training on proper use of toolsets.
▪ Validates completion of required assignments using toolsets.
City Functional Leads
▪ Makes business process change decisions under time sensitive conditions. ▪ Communicates existing business processes and procedures to Tyler consultants. ▪ Assists in identifying business process changes that may require escalation. ▪ Contributes business process expertise for Current & Future State Analysis. ▪ Identifies and includes additional subject matter experts to participate in Current & Future State Analysis.
▪ Validates that necessary skills have been retained by end users. ▪ Provides End Users with dedicated time to complete required homework tasks. ▪ Acts as an ambassador/champion of change for the new process and provide business process change support.
▪ Identifies and communicates any additional training needs or scheduling conflicts to the City project manager.
▪ Actively participates in all aspects of the implementation, including, but not limited to, the following key activities:
o Task completion
o Stakeholder Meeting
o Project Management Plan development
o Schedule development
o Maintenance and monitoring of risk register
o Escalation of issues
o Communication with Tyler project team
o Coordination of City resources
o Attendance at scheduled sessions
o Change management activities
o Modification specification, demonstrations, testing and approval assistance o Data analysis assistance
o Decentralized end user training
o Process testing
o Solution Validation
City Power Users
▪ Participate in project activities as required by the project team and project manager(s). ▪ Provide subject matter expertise on the City business processes and requirements. ▪ Act as subject matter experts and attend Current & Future State Analysis sessions as needed. ▪ Attend all scheduled training sessions.
▪ Participate in all required post-training processes as needed throughout project. ▪ Test all application configuration to ensure it satisfies business process requirements. ▪ Become application experts.
▪ Participate in Solution Validation.
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▪ Adopt and support changed procedures.
▪ Complete all deliverables by the due dates defined in the project schedule. ▪ Demonstrate competency with Tyler products processing prior to Go-live. ▪ Provide knowledge transfer to the City staff during and after implementation. ▪ Participate in conversion review and validation.
City End Users
▪ Attend all scheduled training sessions.
▪ Become proficient in application functions related to job duties. ▪ Adopt and utilize changed procedures.
▪ Complete all deliverables by the due dates defined in the project schedule. ▪ Utilize software to perform job functions at and beyond Go-live.
City Technical Lead
▪ Coordinates updates and releases with Tyler as needed. ▪ Coordinates the copying of source databases to training/testing databases as needed for training days.
▪ Coordinates and adds new users, printers and other peripherals as needed. ▪ Validates that all users understand log-on process and have necessary permission for all training sessions.
▪ Coordinates interface development for City third party interfaces. ▪ Develops or assists in creating reports as needed.
▪ Ensures on-site system meets specifications provided by Tyler. ▪ Assists with software installation as needed.
▪ Extracts and transmits conversion data and control reports from the City’s legacy system per the conversion schedule set forth in the project schedule.
City GIS
▪ Participates in GIS planning activities.
▪ Responsible for management and maintenance of City GIS infrastructure and data. ▪ Ensures GIS data/service endpoints are in alignment with Tyler software requirements. ▪ Provides Tyler implementation team with GIS data/service access information.
City Upgrade Coordination
▪ Becomes familiar with the software upgrade process and required steps. ▪ Becomes familiar with Tyler’s releases and updates.
▪ Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the City’s software upgrade process. ▪ Assists with the software upgrade process during implementation. ▪ Manages software upgrade activities post-implementation. ▪ Manages software upgrade plan activities.
▪ Coordinates software upgrade plan activities with City and Tyler resources. ▪ Communicates changes affecting users and department stakeholders. ▪ Obtains department stakeholder acceptance to upgrade production environment. 122
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City Change Management Lead
▪ Validates that users receive timely and thorough communication regarding process changes. ▪ Provides coaching to supervisors to prepare them to support users through the project changes. ▪ Identifies the impact areas resulting from project activities and develops a plan to address them proactively.
▪ Identifies areas of resistance and develops a plan to reinforce the change. ▪ Monitors post-production performance and new process adherence. 123
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Part 3: Project Plan
Project Stages
Work Breakdown Structure
The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into smaller, more manageable components. The top-level components are called “Stages” and the second level components are called “Work Packages”. The work packages, shown below each stage, contain the high-level work to be done. The detailed Project Schedule, developed during Project/Phase Planning and finalized during subsequent stages, lists the tasks to be completed within each work package. Each stage ends with a “Control Point”, confirming the work performed during that stage of the Project has been accepted by the City.
*Items noted with an asterisk in the graphic above relate to specific products and services. If those products and services are not included in the scope of the contract, these specific work packages will be noted as “Intentionally Left Blank” in Section 6 of the Statement of Work.
INITIATE
& PLAN
PRODUCTION
READINESS
PREPARE
SOLUTION
ASSESS &
DEFINE
1 2 3 4 5 PRODUCTION 6 CLOSE
1.1 Initial
Coordinatio
n
1.4 Stakeholder
Planning
1.3 Infrastructure
Planning
1.2 Project/Phase
Planning
1.5 GIS
Planning
2.5 Data
Assessment*
2.1 Solution
Orientation
2.4 Modification
Analysis*
2.3 Conversion
Assessment*
2.2 Current &
Future State
Analysis
3.5 Modification
Delivery*
3.1 Initial
System
Deployment
3.4 Conversion
Delivery*
3.3 Process
Refinement
3.2 Configuration
3.6 Data
Delivery*
4.1 Solution
Validation
4.3 End User
Training
4.2 Go Live
Readiness
5.1 Go Live
5.3 Post Go Live
Activities
5.2 Transition to
Client Services
6.1 Phase
Close Out
6.2 Project Close
Out
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Initiate and Plan
The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a foundation for the Project by identifying and establishing sequence and timing for each Phase as well as verifying scope for the Project. This stage will be conducted at the onset of the Project, with a few unique items being repeated for the additional Phases as needed.
Initial Coordination
Prior to Project commencement, Tyler management assigns project manager(s). Additional Project resources will be assigned later in the Project as a Project schedule is developed. Tyler provides the City with initial Project documents used to gather names of key personnel, their functional role as it pertains to the Project, as well as any blackout dates to consider for future planning. the City gathers the information requested by the provided deadline ensuring preliminary planning and scheduling can be conducted moving the Project forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the City’s team. During this step, Tyler will work with the City to establish the date(s) for the Project and Phase Planning session.
Objectives:
▪ Formally launch the project.
▪ Establish project governance.
▪ Define and communicate governance for Tyler.
▪ Identify City project team.
STAGE 1 Initial Coordination
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users) Department HeadsEnd UsersTechnical Leads Tyler project team is assigned A R C I I I I I I
City project team is assigned A I R I I I
Provide initial project
documents to the City A R C C I I
Gather preliminary information
requested I A R C C C C
Sales to implementation
knowledge transfer A R I I I I I
Create Project Portal to store
project artifacts and facilitate
communication
A R I
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Inputs Contract documents
Statement of Work
Outputs/Deliverables Working initial project documents
Project portal
Work package assumptions:
▪ Project activities begin after the agreement has been fully executed.
Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify applications to implement in each Phase (if applicable), and discuss implementation timeframes.
During this work package Tyler will work with the City to coordinate and plan a formal Project planning meeting(s). This meeting signifies the start of the Project and should be attended by all City Project team members and the Tyler Project Manager. The meeting provides an opportunity for Tyler to introduce its implementation methodology, terminology, and Project management best practices to the City’s Project Team. This will also present an opportunity for project managers and Project sponsors to begin to discuss Project communication, metrics, status reporting and tools to be used to measure Project progress and manage change.
Tyler will work with the City Project Team to prepare and deliver the Project Management Plan as an output of the planning meeting. This plan will continue to evolve and grow as the Project progresses and will describe how the project will be executed, monitored, and controlled.
During project planning, Tyler will introduce the tools that will be used throughout the implementation. Tyler will familiarize the City with these tools during project planning and make them available for review and maintenance as applicable throughout the project. Some examples are Solution validation plan, issue log, and go-live checklist.
STAGE 1 Project/Phase Planning
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Schedule and
conduct planning
session(s)
A R I C C I
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Develop Project
Management Plan A R I C C I
Develop initial
project schedule A R I I I I I I C C I I C I
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
Outputs / Deliverables Acceptance Criteria [only] for Deliverables Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule City provides acceptance of schedule based on resource availability, project budget, and
goals.
Work package assumptions:
▪ City has reviewed and completed the Guide to Starting Your Project document.
Infrastructure Planning
Procuring required hardware and setting it up properly is a critical part of a successful implementation. This task is especially important for Tyler-hosted/SaaS deployment models. Tyler will be responsible for building the environments for a hosted/SaaS deployment, unless otherwise identified in the Agreement. Tyler will install Licensed Software on application server(s) or train the City to install License Software. The City is responsible for the installation and setup of all peripheral devices.
Objectives:
▪ Ensure the City’s infrastructure meets Tyler’s application requirements. ▪ Ensure the City’s infrastructure is scheduled to be in place and available for use on time.
STAGE 1 Infrastructure Planning
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Provide Infrastructure
Requirements and Design
Document
A R C C I I
Initial Infrastructure
Meeting A R C C C C
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*Schedule SaaS
Environment Availability A R C I
*Schedule Hardware to
be Available for
Installation
I I A R C
Schedule Installation of
All Licensed Software A R C I I
Infrastructure Audit A R C I C
*if applicable, please review the contract/investment summary for details Inputs Initial Infrastructure Requirements and Design Document Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Completed Infrastructure Requirements and
Design Document
Delivery of Document
Infrastructure Audit System Passes Audit Criteria
Stakeholder Meeting
Communication of the Project planning outcomes to the City Project team, executives and other key stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform, engage, gain commitment, and instill confidence in the City team. During the meeting, the goals and objectives of the Project will be reviewed along with detail on Project scope, implementation methodology, roles and responsibilities, Project timeline and schedule, and keys to Project success.
Objectives:
▪ Formally present and communicate the project activities and timeline. ▪ Communicate project expectations.
STAGE 1 Stakeholder Meeting
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
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Inputs Agreement
SOW
Project Management Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Stakeholder Meeting Presentation
Work package assumptions:
▪ None
GIS Preparation
GIS data is a core part of many Tyler applications. Other City offices/products may also use this data and have different GIS requirements. A key focus of this preparation will be the process for developing the GIS data for use with Tyler applications. This can be an iterative process, so it is important to begin preparation early.
Objectives:
▪ Identify all City GIS data sources and formats.
▪ Tyler to understand the City’s GIS needs and practices. ▪ Ensure the City’s GIS data meets Tyler product requirements.
STAGE 1 GIS Preparation
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Initial GIS Planning
Meeting A R C C C
Determine all GIS Data
Sources I I A R C
Provide Source GIS Data I I A R C
Review GIS Data and
Provide Feedback A R C I C
Inputs GIS Requirements Document
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Production Ready Map Data Meets Tyler GIS Requirements. 129
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Work package assumptions:
▪ GIS data provided to Tyler is accurate and complete.
▪ GIS data provided to Tyler is current.
▪ City is responsible for maintaining the GIS data.
Control Point 1: Initiate & Plan Stage Acceptance
Acceptance criteria for this stage includes completion of all criteria listed below.
Note: Advancement to the Assess & Define stage is not dependent upon Tyler’s receipt of this stage acceptance.
Initiate & Plan Stage Deliverables:
▪ Project Management Plan
▪ Initial Project Schedule
Initiate & Plan stage acceptance criteria:
▪ All stage deliverables accepted based on acceptance criteria previously defined ▪ Project governance defined
▪ Project portal made available to the City
▪ Stakeholder meeting complete
▪ GIS Data Production Ready
▪ Completed Infrastructure Requirements and Design Document ▪ System Passes Infrastructure Audit (as applicable)
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current City business processes. This information will be used to identify and define business processes utilized with Tyler software.
The City collaborates with Tyler providing complete and accurate information to Tyler staff and assisting in analysis, understanding current workflows and business processes.
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution functionality prior to beginning the current and future state analysis. The primary goal is to establish a foundation for upcoming conversations regarding the design and configuration of the solution.
Tyler utilizes a variety of tools for the Solution Orientation, focusing on City team knowledge transfer such as:
eLearning, documentation, or walkthroughs. The City team will gain a better understanding of the major processes and focus on data flow, the connection between configuration options and outcome, integration, and terminology that may be unique to Tyler’s solution.
Objectives:
▪ Provide a basic understanding of system functionality. ▪ Prepare the City for current and future state analysis. 130
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STAGE 2 Solution Orientation
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Provide pre-requisites A R I I I I I
Complete pre-requisites A R C C
Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process changes that will be achieved with the new system.
The City and Tyler will evaluate current state processes, options within the new software, pros and cons of each based on current or desired state and make decisions about the future state configuration and processing. This may occur before or within the same timeframe as the configuration work package. The options within the new software will be limited to the scope of this implementation and will make use of standard Tyler functionality.
The City will adopt the existing Tyler solution wherever possible to avoid project schedule and quality risk from over customization of Tyler products. It is the City’s responsibility to verify that in-scope requirements are being met throughout the implementation if functional requirements are defined as part of the contract.
The following guidelines will be followed when evaluating if a modification to the product is required:
▪ A reasonable business process change is available.
▪ Functionality exists which satisfies the requirement. ▪ Configuration of the application satisfies the requirement. ▪ An in-scope modification satisfies the requirement.
Requirements that are not met will follow the agreed upon change control process and can have impacts on the project schedule, scope, budget, and resource availability.
STAGE 2 Current & Future State Analysis
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Current State process
review A R I I I C C C C C
Discuss future-state
options A R C C C C C C C C
Make future-state
decisions (non-COTS) C C C C C A R I C C
Document anticipated
configuration options
required to support
future state
A R C C C I I I I I
Inputs City current state documentation
Solution Orientation completion
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Documentation that describes future-state
decisions and configuration options to support
future-state decisions.
Delivery of document
Work package assumptions:
▪ City attendees possess sufficient knowledge and authority to make future state decisions. ▪ The City is responsible for any documentation of current state business processes. ▪ The City can effectively communicate current state processes.
Conversion Assessment
Data Conversions are a major effort in any software implementation. Tyler’s conversion tools facilitate the predictable, repeatable conversion process that is necessary to support a successful transition to the Tyler system. The first step in this process is to perform an assessment of the existing (“legacy”) system(s), to better understand the source data, risks, and options available. Once the data has been analyzed, the plan for data conversion is completed and communicated to the appropriate stakeholders.
Objectives:
▪ Communicate a common understanding of the project goals with respect to data. ▪ Ensure complete and accurate source data is available for review/transfer. ▪ If source data is a Tyler legacy system, Tyler will perform the data mappings. If source data is from a third party, client is responsible for mapping the data from the source to the Tyler system. ▪ Document the data conversion/loading approach.
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STAGE 2 Data Conversion Assessment
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Extract Data from
Source Systems I C A R
Review and Scrub
Source Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs City Source data
City Source data Documentation (if available)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated City Acceptance of Data Conversion Plan, if Applicable
Work package assumptions:
▪ If the source data is a Tyler system Tyler's Conversion Engineers extract and map the data into the standard Munis conversion format. If the source data is from a third-party the client will provide Tyler with the data in a mutually agreed upon format.
▪ Tyler will work with the City representatives to identify business rules before writing the conversion. ▪ City subject matter experts and resources most familiar with the current data will be involved in the data conversion planning effort.
Intentionally left blank.
Intentionally left blank.
Control Point 2: Assess & Define Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Note: Advancement to the Prepare Solution Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Assess & Define Stage Deliverables:
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▪ Documentation of future state decisions and configuration options to support future state decisions. ▪ Modification specification document.
▪ Assess & Define Stage Acceptance Criteria:
▪ All stage deliverables accepted based on criteria previously defined. ▪ Solution Orientation is delivered.
▪ Conversion data extracts are received by Tyler.
▪ Data conversion plan built.
Prepare Solution
During the Prepare Solution stage, information gathered during the Initiate & Plan and Assess & Define stages will be used to install and configure the Tyler software solution. Software configuration will be validated by the City against future state decisions defined in previous stages and processes refined as needed to ensure business requirements are met.
Initial System Deployment
The timely availability of the Tyler Solution is important to a successful Project implementation. The success and timeliness of subsequent work packages are contingent upon the initial system deployment of Tyler Licensed Software on an approved network and infrastructure. Delays in executing this work package can affect the project schedule.
Objectives:
▪ All licensed software is installed and operational.
▪ The City can access the software.
STAGE 3 Initial System Deployment (Hosted/SaaS)*
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Prepare hosted
environment A R I C
Install Licensed
Software with
Initial Database on
Server(s) for
Included
Environments
A R I C
Install Licensed
Software on City I C A R
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Devices (if
applicable)
Tyler System
Administration
Training (if
applicable)
A R I C
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Licensed Software is Installed on the Server(s) Software is accessible Licensed Software is Installed on City Devices
(if applicable)
Software is accessible
Installation Checklist/System Document System meets prescribed checklist Infrastructure Design Document (C&J – If
Applicable)
Work package assumptions:
▪ The most current available version of the Tyler Licensed Software will be installed. ▪ The City will provide network access for Tyler modules, printers, and Internet access to all applicable City and Tyler Project staff.
Configuration
The purpose of Configuration is to prepare the software product for validation.
Tyler staff collaborates with the City to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. The City collaborates with Tyler staff iteratively to validate software configuration.
Objectives:
▪ Software is ready for validation.
▪ Educate the City Power User how to configure and maintain software. ▪ Prepare standard interfaces for process validation (if applicable).
STAGE 3 Configuration
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads 135
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Conduct configuration
training A R I C C
Complete Tyler
configuration tasks
(where applicable)
A R I I I
Complete City
configuration tasks
(where applicable)
I C A R C
Standard interfaces
configuration and
training (if applicable)
A R C I C C C
Updates to Solution
Validation testing plan C C A R C C
Inputs Documentation that describes future state decisions and configuration options to support future state decisions.
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Configured System
Work package assumptions:
▪ Tyler provides guidance for configuration options available within the Tyler software. The City is responsible for making decisions when multiple options are available.
Process Refinement
Tyler will educate the City users on how to execute processes in the system to prepare them for the validation of the software. The City collaborates with Tyler staff iteratively to validate software configuration options to support future state.
Objectives:
▪ Ensure that the City understands future state processes and how to execute the processes in the software.
▪ Refine each process to meet the business requirements. ▪ Validate standard interfaces, where applicable.
▪ Validate forms and reports, where applicable.
STAGE 3 Process Refinement
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Conduct process
training A R I C I C
Confirm process
decisions I C A R C I C
Test configuration I C A R C
Refine
configuration (City
Responsible)
I C A R C
Refine
configuration (Tyler
Responsible)
A R I I I
Validate interface
process and results I C C A R C C
Update Cityspecific process
documentation (if
applicable)
I C A R C
Updates to
Solution Validation
testing plan
C C A R C C
Inputs Initial Configuration
Documentation that describes future state decisions and configuration options to support future state decisions.
Solution validation test plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated solution validation test plan
Completed City-specific process
documentation (completed by City)
Work package assumptions:
▪ None
Conversion Delivery
The purpose of this task is to transition the City’s data from their source (“legacy”) system(s) to the Tyler system(s). The data will need to be mapped from the legacy system into the new Tyler system format. A wellexecuted data conversion is key to a successful cutover to the new system(s). 137
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With guidance from Tyler, the City will review specific data elements within the system and identify / report discrepancies. Iteratively, Tyler will collaborate with the City to address conversion discrepancies. This process will allow for clean, reconciled data to transfer from the source system(s) to the Tyler system(s). Reference Conversion Appendix for additional detail.
Objectives:
▪ Data is ready for production (Conversion).
STAGE 3 Data Delivery & Conversion
Tyler City
RACI MATRIX
KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Provide data
crosswalks/code
mapping tool
A C R I I I
Populate data
crosswalks/code
mapping tool
I C C A R C
Iterations:
Conversion
Development
A C R I I
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Iterations:
Deliver
converted data
A R I I I
Iterations:
Proof/Review
data and
reconcile to
source system
C C C A R C C
Inputs
Data Conversion Plan
Configuration
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Code Mapping Complete / Validated
Conversion Iterations / Reviews Complete Conversion complete, verified, and ready for final pass
Work package assumptions:
▪ The City will provide a single file layout per source system as identified in the investment summary. ▪ The City subject matter experts and resources most familiar with the current data will be involved in the data conversion effort.
▪ The City project team will be responsible for completing the code mapping activity, with assistance from Tyler.
Intentionally left blank.
Intentionally left blank.
Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Prepare Solution Stage Deliverables:
▪ Licensed software is installed.
▪ Installation checklist/system document.
▪ Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
▪ All stage deliverables accepted based on criteria previously defined. ▪ Software is configured.
▪ Solution validation test plan has been reviewed and updated if needed. 139
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Production Readiness
Activities in the Production Readiness stage will prepare the City team for go-live through solution validation, the development of a detailed go-live plan and end user training. A readiness assessment will be conducted with the City to review the status of the project and the organizations readiness for go-live.
Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that the City verifies all aspects of the Project (hardware, configuration, business processes, etc.) are functioning properly, and validates that all features and functions per the contract have been deployed for system use.
Objectives:
▪ Validate that the solution performs as indicated in the solution validation plan. ▪ Ensure the City organization is ready to move forward with go-live and training (if applicable).
STAGE 4 Solution Validation
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Update Solution
Validation plan A R C C C C
Update test scripts (as
applicable) C C C A R C
Perform testing C C C A R C
Document issues from
testing C C C A R C
Perform required followup on issues A R C C C C
Inputs Solution Validation plan
Completed work product from prior stages (configuration, business process, etc.) Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Solution Validation Report City updates report with testing results Work package assumptions:
▪ Designated testing environment has been established.
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▪ Testing includes current phase activities or deliverables only.
Go-Live Readiness
Tyler and the City will ensure that all requirements defined in Project planning have been completed and the Go-Live event can occur, as planned. A go-live readiness assessment will be completed identifying risks or actions items to be addressed to ensure the City has considered its ability to successfully Go-Live. Issues and concerns will be discussed, and mitigation options documented. Tyler and the City will jointly agree to move forward with transition to production. Expectations for final preparation and critical dates for the weeks leading into and during the Go-Live week will be planned in detail and communicated to Project teams.
Objectives:
▪ Action plan for go-live established.
▪ Assess go-live readiness.
▪ Stakeholders informed of go-live activities.
STAGE 4 Go-Live Readiness
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Perform Readiness
Assessment I A R C C I C I I I I I I
Conduct Go-Live planning
session A R C C C C C C C
Order peripheral
hardware (if applicable) I A R C
Confirm procedures for
Go-Live issue reporting &
resolution
A R I I I I C C I I I I I
Develop Go-Live checklist A R C C C C I C C
Final system
infrastructure review
(where applicable)
A R C C
Inputs Future state decisions
Go-live checklist
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated go-live checklist Updated Action plan and Checklist for go-live delivered to the City
Work package assumptions:
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▪ None
End User Training
End User Training is a critical part of any successful software implementation. Using a training plan previously reviewed and approved, the Project team will organize and initiate the training activities.
Train the Trainer: Tyler provides one occurrence of each scheduled training or implementation topic. City users who attended the Tyler sessions may train additional users. Additional Tyler led sessions may be contracted at the applicable rates for training.
Tyler will provide standard application documentation for the general use of the software. It is not Tyler’s responsibility to develop City specific business process documentation. City-led training labs using City specific business process documentation if created by the City can be added to the regular training curriculum, enhancing the training experiences of the end users.
Objectives:
▪ End users are trained on how to use the software prior to go-live. ▪ The City is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Update training plan A R C C I C
End User training (Tylerled) A R C C C I C C C
Train-the-trainer A R C C C I C
End User training (Cityled) C C A R I C C C
Inputs Training Plan
List of End Users and their Roles / Job Duties
Configured Tyler System
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
End User Training City signoff that training was delivered Work package assumptions:
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▪ The City project team will work with Tyler to jointly develop a training curriculum that identifies the size, makeup, and subject-area of each of the training classes. ▪ Tyler will work with the City as much as possible to provide end-user training in a manner that minimizes the impact to the daily operations of City departments. ▪ The City will be responsible for training new users after go-live (exception—previously planned or regular training offerings by Tyler).
Control Point 4: Production Readiness Stage Acceptance
Acceptance criteria for this stage includes all criteria listed below. Advancement to the Production stage is dependent upon Tyler’s receipt of the stage acceptance.
Production Readiness stage deliverables:
▪ Solution Validation Report.
▪ Update go-live action plan and/or checklist.
▪ End user training.
Production Readiness stage acceptance criteria:
▪ All stage deliverables accepted based on criteria previously defined. ▪ Go-Live planning session conducted.
Production
Following end user training the production system will be fully enabled and made ready for daily operational use as of the scheduled date. Tyler and the City will follow the comprehensive action plan laid out during GoLive Readiness to support go-live activities and minimize risk to the Project during go-live. Following go-live, Tyler will work with the City to verify that implementation work is concluded, post go-live activities are scheduled, and the transition to Client Services is complete for long-term operations and maintenance of the Tyler software.
Go-Live
Following the action plan for Go-Live, defined in the Production Readiness stage, the City and Tyler will complete work assigned to prepare for Go-Live.
The City provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final conversion iteration, if applicable. If defined in the action plan, the City manually enters any data added to the Legacy System after final data extract into the Tyler system.
Tyler staff collaborates with the City during Go-Live activities. The City transitions to Tyler software for day-to day business processing.
Some training topics are better addressed following Go-Live when additional data is available in the system or based on timing of applicable business processes and will be scheduled following Go-Live per the Project Schedule.
Objectives:
▪ Execute day to day processing in Tyler software.
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▪ City data available in Production environment.
STAGE 5 Go-Live
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Provide final source data
extract, if applicable C C A R
Final source data pushed
into production
environment, if
applicable
A C R I C C C
Proof final converted
data, if applicable C C C A R C
Complete Go-Live
activities as defined in
the Go-Live action plan
C C C A R C I C
Provide Go-Live
assistance A R C C I C C I C I C
Inputs Comprehensive Action Plan for Go-Live
Final source data (if applicable)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data is available in production environment City confirms data is available in production environment
Work package assumptions:
▪ The City will complete activities documented in the action plan for Go-Live as scheduled. ▪ External stakeholders will be available to assist in supporting the interfaces associated with the GoLive live process. ▪ The City business processes required for Go-Live are fully documented and tested. ▪ The City Project team and subject matter experts are the primary point of contact for the end users when reporting issues during Go-Live.
▪ The City Project Team and Power User’s provide business process context to the end users during GoLive. ▪ The Tyler Go-Live support team is available to consult with the City teams as necessary. ▪ The Tyler Go-Live support team provides standard functionality responses, which may not be tailored to the local business processes.
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Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the exception of agreed-upon post Go-Live activities. The Tyler project manager(s) schedules a formal transition of the City onto the Tyler Client Services team, who provides the City with assistance following Go-Live, officially transitioning the City to operations and maintenance.
Objectives:
▪ Ensure no critical issues remain for the project teams to resolve. ▪ Confirm proper knowledge transfer to the City teams for key processes and subject areas.
STAGE 5 Transition to Client Services
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Transfer City to Client
Services and review
issue reporting and
resolution processes
I I A I I R I I C C C
Review long term
maintenance and
continuous
improvement
A R C C C
Inputs Open item/issues List
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Client Services Support Document
Work package assumptions:
▪ No material project issues remain without assignment and plan.
Post Go-Live Activities
Some implementation activities are provided post-production due to the timing of business processes, the requirement of actual production data to complete the activities, or the requirement of the system being used in a live production state.
Objectives:
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▪ Schedule activities that are planned for after Go-Live. ▪ Ensure issues have been resolved or are planned for resolution before phase or project close.
STAGE 5 Post Go-Live Activities
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Schedule contracted
activities that are
planned for delivery
after go-live
A R C C C C I C C I C C
Determine resolution
plan in preparation for
phase or project close
out
A R C C C I C C I C
Inputs List of post Go-Live activities
Outputs /
Deliverables
Acceptance Criteria [only] for
Deliverables
Updated issues log
Work package assumptions:
▪ System is being used in a live production state.
Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
▪ Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance. ▪ Converted data is available in production environment.
Production Stage Acceptance Criteria:
▪ All stage deliverables accepted based on criteria previously defined. ▪ Go-Live activities defined in the Go-Live action plan completed. ▪ Client services support document is provided.
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Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or Project. The City transitions to the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Client Services).
Phase Closeout
This work package represents Phase completion and signals the conclusion of implementation activities for the Phase. The Tyler Client Services team will assume ongoing support of the City for systems implemented in the Phase.
Objectives:
▪ Agreement from Tyler and the City teams that activities within this phase are complete.
STAGE 6 Phase Close Out
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Reconcile project budget
and status of contract
Deliverables
I A R I I C
Hold post phase review
meeting A R C C C C C C C C C
Release phasedependent Tyler project
resources
A R I I
Participants Tyler City
Project Leadership Project Manager
Project Manager Project Sponsor(s)
Implementation Consultants Functional Leads, Power Users, Technical Leads
Technical Consultants (Conversion, Deployment,
Development)
Client Services
Inputs Contract
Statement of Work
Project artifacts
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Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Final action plan (for outstanding items)
Reconciliation Report
Post Phase Review
Work package assumptions:
▪ Tyler deliverables for the phase have been completed.
Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time the City may choose to begin working with Client Services to look at continuous improvement Projects, building on the completed solution.
Objectives:
▪ Confirm no critical issues remain for the project teams to resolve. ▪ Determine proper knowledge transfer to the City teams for key processes and subject areas has occurred.
▪ Verify all deliverables included in the Agreement are delivered.
STAGE 6 Project Close Out
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Conduct post project
review A R C C C C C C C C C
Deliver post project
report to City and Tyler
leadership
I A R I I C
Release Tyler project
resources
A R I I
Inputs Contract
Statement of Work
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
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Post Project Report City acceptance; Completed report indicating all project Deliverables and milestones have
been completed
Work package assumptions:
▪ All project implementation activities have been completed and approved. ▪ No critical project issues remain that have not been documented and assigned. ▪ Final project budget has been reconciled and invoiced. ▪ All Tyler deliverables have been completed.
Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
▪ Post Project Report.
Close Stage Acceptance Criteria:
▪ Completed report indicating all Project deliverables and milestones have been completed.
General Assumptions
Tyler and the City will use this SOW as a guide for managing the implementation of the Tyler Project as provided and described in the Agreement. There are a few assumptions which, when acknowledged and adhered to, will support a successful implementation. Assumptions related to specific work packages are documented throughout the SOW. Included here are general assumptions which should be considered throughout the overall implementation process.
Project
▪ Project activities will begin after the Agreement has been fully executed. ▪ The City Project Team will complete their necessary assignments in a mutually agreed upon timeframe to meet the scheduled go-live date, as outlined in the Project Schedule. ▪ Sessions will be scheduled and conducted at a mutually agreeable time. ▪ Additional services, software modules and modifications not described in the SOW or Agreement will be considered a change to this Project and will require a Change Request Form as previously referenced in the definition of the Change Control Process. ▪ Tyler will provide a written agenda and notice of any prerequisites to the City project manager(s) ten (10) business days or as otherwise mutually agreed upon time frame prior to any scheduled on-site or remote sessions, as applicable.
▪ Tyler will provide guidance for configuration and processing options available within the Tyler software. If multiple options are presented by Tyler, the City is responsible for making decisions based on the options available.
▪ Implementation of new software may require changes to existing processes, both business and technical, requiring the City to make process changes.
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▪ The City is responsible for defining, documenting, and implementing their policies that result from any business process changes.
Organizational Change Management
Unless otherwise contracted by Tyler, City is responsible for managing Organizational Change. Impacted City resources will need consistent coaching and reassurance from their leadership team to embrace and accept the changes being imposed by the move to new software. An important part of change is ensuring that impacted City resources understand the value of the change, and why they are being asked to change.
Resources and Scheduling
▪ City resources will participate in scheduled activities as assigned in the Project Schedule. ▪ The City team will complete prerequisites prior to applicable scheduled activities. Failure to do so may affect the schedule.
▪ Tyler and the City will provide resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget.
▪ Abbreviated timelines and overlapped Phases require sufficient resources to complete all required work as scheduled.
▪ Changes to the Project Schedule, availability of resources or changes in Scope will be requested through a Change Request. Impacts to the triple constraints (scope, budget, and schedule) will be assessed and documented as part of the change control process. ▪ The City will ensure assigned resources will follow the change control process and possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, change control process buy-in, and knowledge.
▪ The City makes timely Project related decisions to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Failure to do so may affect the schedule, as each analysis and implementation session is dependent on the decisions made in prior sessions. ▪ The City will respond to information requests in a comprehensive and timely manner, in accordance with the Project Schedule.
▪ The City will provide adequate meeting space or facilities, including appropriate system connectivity, to the project teams including Tyler team members.
▪ For on-site visits, Tyler will identify a travel schedule that balances the needs of the project and the employee.
Data
▪ Data will be converted as provided and Tyler will not create data that does not exist. ▪ The City is responsible for the quality of legacy data and for cleaning or scrubbing erroneous legacy data.
▪ Tyler will work closely with the City representatives to identify business rules before writing the conversion. The City must confirm that all known data mapping from source to target have been identified and documented before Tyler writes the conversion. ▪ All in-scope source data is in data extract(s).
▪ Each legacy system data file submitted for conversion includes all associated records in a single approved file layout.
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▪ The City will provide the legacy system data extract in the same format for each iteration unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget and resource availability may occur and/or data in the new system may be incorrect. ▪ The City Project Team is responsible for reviewing the converted data and reporting issues during each iteration, with assistance from Tyler.
▪ The City is responsible for providing or entering test data (e.g., data for training, testing interfaces, etc.)
Facilities
▪ The City will provide dedicated space for Tyler staff to work with City resources for both on-site and remote sessions. If Phases overlap, City will provide multiple training facilities to allow for independent sessions scheduling without conflict.
▪ The City will provide staff with a location to practice what they have learned without distraction. 151
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Glossary
Word or Term Definition
Acceptance Confirming that the output or deliverable is suitable and conforms to the agreed upon criteria.
Accountable The one who ultimately ensures a task or deliverable is completed; the one who ensures the prerequisites of the task are met and who delegates the work to those responsible. [Also see RACI]
Application A computer program designed to perform a group of coordinated functions, tasks, or activities for the benefit of the user.
Application Programming Interface (API) A defined set of tools/methods to pass data to and received data from Tyler software products
Agreement This executed legal contract that defines the products and services to be implemented or performed.
Business Process The practices, policy, procedure, guidelines, or functionality that the client uses to complete a specific job function.
Business Requirements Document A specification document used to describe Client requirements for contracted software modifications.
Change Request A form used as part of the Change Control process whereby changes in the scope of work, timeline, resources, and/or budget are documented and agreed upon by participating parties.
Change Management Guides how we prepare, equip and support individuals to successfully adopt change in order to drive organizational success & outcomes
Code Mapping [where applicable] An activity that occurs during the data conversion process whereby users equate data (field level) values from the old system to the values available in the new system. These may be one to one or many to one. Example: Old System [Field = eye color] [values = BL, Blu, Blue] maps to New Tyler System [Field = Eye Color] [value = Blue].
Consulted Those whose opinions are sought, typically subject matter experts, and with whom there is two-way communication. [Also see RACI]
Control Point This activity occurs at the end of each stage and serves as a formal and intentional opportunity to review stage deliverables and required acceptance criteria for the stage have been met.
Data Mapping [where applicable] The activity determining and documenting where data from the legacy system will be placed in the new system; this typically involves prior data analysis to understand how the data is currently used in the legacy system and how it will be used in the new system.
Deliverable A verifiable document or service produced as part of the Project, as defined in the work packages.
Go-Live The point in time when the Client is using the Tyler software to conduct daily operations in Production.
Informed Those who are kept up-to-date on progress, often only on completion of the task or deliverable, and with whom there is just one-way communication. [Also see RACI]
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Infrastructure The composite hardware, network resources and services required for the existence, operation, and management of the Tyler software.
Interface A connection to and potential exchange of data with an external system or application. Interfaces may be one way, with data leaving the Tyler system to another system or data entering Tyler from another system, or they may be bi-directional with data both leaving and entering Tyler and another system.
Integration A standard exchange or sharing of common data within the Tyler system or between Tyler applications
Legacy System The software from which a client is converting.
Modification Custom enhancement of Tyler’s existing software to provide features or functions to meet individual client requirements documented within the scope of the Agreement.
On-site Indicates the work location is at one or more of the client’s physical office or work environments.
Organizational Change The process of changing an organization's strategies, processes, procedures, technologies, and culture, as well as the effect of such changes on the organization.
Output A product, result or service generated by a process.
Peripheral devices An auxiliary device that connects to and works with the computer in some way. Some examples: scanner, digital camera, printer.
Phase A portion of the Project in which specific set of related applications are typically implemented. Phases each have an independent start, Go-Live and closure dates but use the same Implementation Plans as other Phases of the Project. Phases may overlap or be sequential and may have different Tyler resources assigned.
Project The delivery of the software and services per the agreement and the Statement of Work. A Project may be broken down into multiple Phases.
RACI A matrix describing the level of participation by various roles in completing tasks or Deliverables for a Project or process.
Individuals or groups are assigned one and only one of the following roles for a given task: Responsible (R), Accountable (A), Consulted (C), or Informed (I).
Remote Indicates the work location is at one or more of Tyler’s physical offices or work environments.
Responsible Those who ensure a task is completed, either by themselves or delegating to another resource. [Also see RACI]
Scope Products and services that are included in the Agreement. 153
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Solution The implementation of the contracted software product(s) resulting in the connected system allowing users to meet Project goals and gain anticipated efficiencies.
Stage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project.
Standard Software functionality that is included in the base software (offthe-shelf) package; is not customized or modified.
Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project-specific activities, services, and Deliverables.
System The collective group of software and hardware that is used by the organization to conduct business.
Test Scripts The steps or sequence of steps that will be used to validate or confirm a piece of functionality, configuration, enhancement, or Use Case Scenario.
Training Plan Document(s) that indicate how and when users of the system will be trained relevant to their role in the implementation or use of the system.
Validation (or to validate) The process of testing and approving that a specific Deliverable, process, program, or product is working as expected.
Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down into smaller, more manageable components.
Work Package A group of related tasks within a project. 154
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Part 4: Appendices
Conversion
Enterprise Permitting & Licensing Conversion Summary
Community Development
▪ Permit Master basic information
▪ Plan Master basic information
▪ Plan & Permit Contacts
▪ Unique (keyed) contacts converted to global contacts
▪ Non-keyed contacts converted to a Memo Custom Field or standard note ▪ Sub-permit Associations – Visible in Workflow and Attached Records ▪ Reviews and Approvals
▪ Projects
▪ Permit Renewals
▪ Bonds and Escrow
▪ Contractors
▪ Workflow based on configured Enterprise Permitting & Licensing template customized only by inclusion/exclusion based on status, type or class of the associated permit, plan, etc. ▪ Inspections and Inspection Cases
▪ Meetings and Hearings
▪ Activities and Actions
▪ Conditions
▪ Fees
▪ Holds
▪ Notes
▪ Parcels and Addresses
▪ Payments and Fee History
▪ Zones
▪ Code Case Master basic information
▪ Code Requests
▪ Code Case Contacts and Properties
▪ Unique (keyed) contacts converted to global contacts
▪ Non-keyed contacts converted to a Memo Custom Field or standard note ▪ Violations
▪ Fees
▪ Payments
▪ Notes
Enterprise ERP Conversion Summary
Accounting COA
▪ Chart of Accounts segments, objects, character codes, project codes (if applicable), organization codes (if applicable), control accounts budget rollups, fund attributes, due to/due from accounts 155
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▪ Requires the use of a Tyler provided spreadsheet for design and entry of the data to be converted Accounting - Actuals
▪ Summary account balances
▪ Up to 3 years
Accounting - Budgets
▪ Original budget, budget adjustments, revised budget summaries for accounts ▪ Up to 3 years
Accounts Payable Master
▪ Vendor Master file including names, addresses, SSN/FID, contacts, phone numbers ▪ Multiple remittance addresses
▪ Year-to-date 1099 amounts
Accounts Payable - Checks
▪ Check header data including vendor, warrant, check number, check date, overall check amount, GL cash account and clearing information
▪ Check detail data including related document and invoice numbers for each check ▪ Up to 5 years
Accounts Payable - Invoices
▪ Invoice header data containing general information for the invoice ▪ Invoice detail data containing line-specific information for the invoice ▪ Up to 5 years
Business License Master
▪ Businesses, licenses and permits, charges and receipts, and classification codes Business License - Bills
▪ Receivable amounts associated with license detail
▪ Up to 5 years
General Billing CID
▪ Customer information
General Billing – Recurring Invoices
▪ General Billing Invoices that are sent on a regular basis ▪ Header records with general information about the invoice ▪ Detail records with line-specific information
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General Billing – Bills
▪ 5 years of open and closed invoices
▪ General Ledger information so open invoices can be processed in Enterprise ERP Asset Maintenance – Work Order Assets
▪ Asset Maintenance tables for all work order asset types. These tables contain the detail of the asset based on the type e.g. Equipment, infrastructure, fleet etc.
Asset Maintenance – Closed Work Order History No Cost Data ▪ Work Order History with no cost data, this is the basic work order information, the work order number, comments, contacts, description, user defined fields.
Asset Maintenance – Work Order History with Cost Data
▪ Work Order History with cost data, everything included in option 2 but integrated with several other Enterprise ERP modules such as Inventory or Payroll, linking employee numbers, customer number, Inventory items, etc.
Payroll
▪ Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), eaddress, marital status, gender, race, personnel status (such as full-time, part-time, etc.), highest degree, advice-delivery (print/email/both) and check location, plus primary group, job, location, and account information
Payroll – Certifications
▪ Certification area and certification type codes, certification number and effective date, expiration date, and required-by date, codes for certification level and subjects Payroll – Education
▪ Codes, for institution, type of degree, and area(s) of study Payroll – PM Action History
▪ A variety of Personnel actions, such as job or salary changes and dates these events occurred. ▪ Up to 5 years
Payroll – Position Control
▪ Position, description, status, job code, bargaining group, location, number of employees allowed for each, FTE percentage, GL account, and max/min grade and step 157
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Payroll – Recruiting
▪ Application requisition applicant master data, plus applicant references, certifications, education, skills, tests, work history, and interviews
Payroll – Accrual Balances
▪ Employee Accrual Balances including Vacation, Holiday, and other Leave balances ▪ Start of year balance, earned to date, used to date
Payroll – Accumulators
▪ YTD, QTD, MTD amounts for employee pay and deductions ▪ Needed for mid-calendar-year go-live
▪ May not be needed if converting earnings/deductions history ▪ Up to 5 years
Payroll – Check History
▪ Up to 5 years, additional years must be quoted. We convert amounts for earnings and deductions in employee check history, check number and date.
Payroll - Deductions
▪ Employee Deductions - including employee ID, deduction codes, tax information, and direct deposit information
Payroll – Earning/Deduction Hist.
▪ Up to 5 years, additional years must be quoted. Earning and deduction history broken down my individual codes (earnings and deduction) and amounts per pay period, the detail of these lines, sums the check history in opt 4.
Payroll – State Retirement Tables
▪ Specific state-required data, plus related service years information, when appropriate ▪ Needed for some states
Project Grant Accounting
▪ Segments, account strings and fund string allocation table ▪ Requires the use of a Tyler provided (Chart of Accounts) spreadsheet for design and entry of the data to be converted
Project Grant Accounting - Actuals
▪ Summary project ledger string balances. If linking to GL, must be converted at the same time. ▪ Up to 3 years
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Project Grant Accounting – Budget
▪ Original project ledger budget amounts. If linking to GL, must be converted at the same time. ▪ Up to 3 years
Purchase Orders
▪ Open purchase orders header data including vendor, buyer, date, accounting information, etc. ▪ Open purchase orders detail data including line item descriptions, quantities, amounts, etc. 159
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Additional Appendices
Enterprise Permitting & Licensing Definitions
“Template Business Transactions”
▪ A pre-defined and pre-configured Enterprise Permitting & Licensing business process from Enterprise Permitting & Licensing’s “Best Management Template”.
▪ The following modifications to Template Business Transactions are considered within scope:
o Any changes to required inspections within the workflow o Any changes to the required plan reviews within the workflow o Adding up to 2 additional actions to the workflow
o Configuration of fees, allowing creation of up to 3 new fees to accommodate o Any changes to custom field layouts that are directly related to fees or included reports ▪ Customization/Configuration of any of these parameters beyond the scope listed above will require the respective business process to be considered a “Unique Business Transaction”, as described below.
Note: All transaction counts are quantified in the comments of the Investment Summary. “Unique Business Transactions”
▪ Unique configuration of workflow or business process steps & actions, including output actions ▪ Unique Fee configuration
▪ Unique Custom field configuration
“Geo-Rules”
▪ An automation event that references GIS data. Current geo-rule action types are:
Alert Displays a pop-up with a custom message to the user, notifying them of certain spatial data (i.e., noise abatementzones; flood zones; etc.).
Block Places a block on the case and prevents any progress or updates from occurring on the record (i.e., no status changes can be completed, no fees can be paid, the workflow cannot be managed, etc.) Block with
Override
Places a block on the case and prevents any progress or updates from occurring on the record (i.e., no status changes can be completed, no fees can be paid, the workflow cannot be managed, etc.) However, the block can be overridden by end-users who have been given the proper securities.
Fee Date Populates the CPI vesting date on the record if vesting maps are used by the jurisdiction.
Field Mapping A custom field or any field inherentin the Enterprise Permitting & Licensing application can automatically populate with information based on spatial data.
Required Action A workflow action can automatically populate in the workflow details for the particular record (i.e., plan, permit, code case, etc.) that requires the action based on certain spatial data related to the case.
Required Step A workflow step can automatically populate in the workflow details for the particular record (i.e., plan, permit, code case, etc.) that requires the step based on certain spatial data related to the case.
Zone Mapping The zone(s) automatically populate on the “Zones” tab of the record (i.e., plan, permit, code case, etc.).
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“Automation Events”
“Intelligent Objects (IO)”
▪ Key components for automatically and reactively triggering geo-rules, computing fees, and generating emails, alerts, and other notifications.
“Intelligent Automation Agents (IAA)”
▪ A tool designed to automate task in a proactive manner by setting values and generating emails and other tasks. On a nightly basis, a Windows service sweeps the Enterprise Permitting & Licensing system looking for IAA tasks that need to be run, then the associated actions are performed. The IAA does not generate alerts or errors. Custom SQL queries are not Tyler deliverables. “Enterprise Permitting & Licensing SDK/API (Toolkits)”
• APIs developed by Tyler Technologies for extending the Enterprise Permitting & Licensing Framework and functionality to external agencies and systems. Full documentation is available for each toolkit upon request.
Note: The Enterprise Permitting & Licensing toolkits and related documentation are simply tools that allow clients to create applications and integrations. The purchase of a toolkit/API does not imply any development related services from Tyler Technologies. The City is responsible for working with their IT staff and VARs to develop any necessary applications and integrations except as otherwise noted in the Investment Summary or for any “in-scope” integrations.
Intentionally left blank.
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Project Timeline
ERP Project Timeline
The Project Timeline establishes a target duration for each phase of the project. The timeline needs to account for resource availability, business goals, size and complexity of the project, and task duration requirements. These will be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to the Project Stages section of this SOW for information on work packages associated with each stage of the implementation. Durations may be revised when the Agreement is signed and further refined during the project.
Eden to Enterprise ERP project start dates are dependent on wave availability. Waves are a common implementation start month for a group of Eden clients. Each wave has a designated number of slots available for clients to sign up – once those slots are full you must choose an alternate wave with availability.
A signed agreement is required to reserve a spot in a specific wave.
Phase Functional Areas Software Modules Duration
1 Enterprise ERP Financial Management • Accounting
• Accounts Payable
• Budgeting
• Capital Assets
• Cash Management
• Contract Management
• Project & Grant Accounting
• Purchasing
• Vendor Access
• Accounts Receivable
• Cashiering
• General Billing
12 months
Enterprise ERP Productivity • Enterprise Forms Processing • Content Manager Core
• Enterprise Analytics and Reporting
w Executive Insights
Included in Phase
1 2 Enterprise ERP Human Resources Management • Payroll with Employee Access • Human Resources & Talent
Management
• Time & Attendance
• Time & Attendance Mobile Access
12 months
3 Enterprise ERP Business Licensing • Business Licensing 6 months 4 Enterprise Permitting & Licensing • Community Development Suite • Civic Access – Community
Development
• Decision Engine
• eReviews
• Enterprise Permitting & Licensing
Core Foundation Bundle
• Enterprise Permitting & Licensing
Advanced Automation Bundle
• My Civic
• Workforce Mobile
• Enterprise Analytics and Reporting
w Executive Insights
12 months
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5 Enterprise ERP Asset Management • Asset Maintenance & Performance • GIS
9 months
Intentionally left blank.
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STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 10, 2023
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: Consideration of a Resolution Approving a Professional Consulting Services Agreement between the City of Oakley and Koa Hills for Consulting Services Associated with the Conversion from the Tyler Eden ERP System to the Tyler Enterprise ERP System and Authorizing the City Manager to Execute the Contract
Background and Analysis
Tyler Enterprise ERP is the system that City staff have selected to replace the Tyler Eden ERP system that Oakley has used since the year 2000. It is a leading ERP system, being used by more than 2,350 public sector clients throughout the Country, and it provides a fully-integrated-system that will allow the City of Oakley to increase productivity, gain efficiencies, and improve our overall operational effectiveness. The new system will allow us to automate many of our manual workflows and business processes as well as move towards a paperless environment by taking advantage of the tools built into the document management system.
Completing the conversion from one ERP system to another is always an arduous and time-consuming project, which creates a much more difficult workload for all the city staff who are involved in the process, and Oakley City staff is already working diligently to keep up with the existing workloads. Therefore, it will be important to factor that observation into the expectations of staff during this approximately three-year project.
To assist with the management of this project and to help ensure the success of the Tyler conversion, staff is proposing to bring on expert consultants who are experienced with ERP conversions and will act as our project managers.
Staff interviewed three consulting companies with experience managing ERP conversions and found Koa Hills to be the best fit for the City of Oakley. Koa Hills seemed very knowledgeable regarding this process, included an educational factor that includes recordings and specific documentation such as manuals that City staff can refer back to after training, they were more flexible than the other two companies in terms of hours to be worked on our ERP conversion project, and they provided the lowest cost proposal. Staff is confident with the selection of Koa Hills, and we believe 164
that they will help us ensure that we have a successful implementation of Tyler Enterprise ERP.
If both the Tyler agreement and this agreement are approved by the City Council, staff will work closely with the Tyler representatives and our consultants to schedule the timing for the implementation of the various modules that are being proposed for approval in the agreement. However, the tentative schedule calls for the kick-off of the conversion to take place in early July, with the last module projected for completion by March of 2026.
Consistency with the Oakley Strategic Plan 27+
This agenda item is consistent with the Strategic Plan 27+’s Finance and Fiscal Responsibility Goal for the City of Oakley to leverage its financial resources for the long-term benefit of our residents and businesses while maintaining sufficient reserves to provide stability and ensure a successful future. It is also consistent with the Finance and Fiscal Responsibility Objective to modernize Oakley to accommodate growth and improve efficiency by funding technology.
Fiscal Impact
There is no fiscal impact on the City’s General Fund of adopting this resolution. The City is using ARPA funding to leverage it financial resources for the long-term benefit of the City. The proposed agreement calls for a total use of $254,080 of ARPA funds over the roughly three years of this ERP conversion project, including $14,280 of estimated travel expenses.
Total costs, for both the Tyler agreement and this agreement, including travel expenses, are estimated to be $1,194,203, which is well within the $1.5 million range that staff had expected this project to cost.
Staff Recommendation
Staff recommends the City Council adopt the resolution approving a professional consulting services agreement between the City of Oakley and Koa Hills for consulting services associated with the conversion from the Tyler Eden ERP system to the Tyler Enterprise ERP system and authorizing the City Manager to execute the contract.
Attachments
1. Resolution
2. Koa Hills Agreement
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Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING A
PROFESSIONAL CONSULTING SERVICES AGREEMENT FOR CONSULTING
SERVICES ASSOCIATED WITH THE CONVERSION FROM THE TYLER EDEN
ENTERPRISE RECOURCE PLANNING (ERP) SYSTEM TO THE TYLER
ENTERPRISE ERP SYSTEM AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT
WHEREAS, the City of Oakley plans to replace the current Tyler Eden Enterprise Resource Planning (ERP) system that is nearing the end of its lifespan; and WHEREAS, the City of Oakley has appropriated funding from the American Rescue Plan Act (ARPA) to improve efficiency by funding technology improvements and in protecting its infrastructure; and
WHEREAS, City staff have selected Tyler Enterprise ERP as the ERP system to best fit the needs of the City of Oakley, now and into the future; and WHEREAS, City staff have interviewed three professional consulting firms who provide professional consulting services related to the conversion from Tyler Eden to Tyler Enterprise ERP and selected Koa Hills, a Nevada limited liability company, as the best fit for the City of Oakley; and
WHEREAS, Koa Hills, a Nevada limited liability company, will perform the work outlined in the Software as a Service Agreement for the proposed cost of $254,080, including estimated travel expenses of $14,280; and
WHEREAS, ARPA funds have been appropriated for use on such technology projects; NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Oakley City Council approves the professional consulting services agreement between Koa Hills, a Nevada limited liability company, and the City of Oakley and authorizes the City Manager to execute the agreement.
PASSED, APPROVED AND ADOPTED this 10th day of January 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
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Resolution No. XX-22 Page 2 of 1
________________
ATTEST: Aaron Meadows, Mayor
______ _____
Libby Vreonis, City Clerk Date
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STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 10, 2023
TO: Joshua McMurray, City Manager
FROM: Kenneth Strelo, Planning Manager
SUBJECT: 637 & 639 Brownstone Road Preliminary General Plan Amendment (PA 01-22) – Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 9.97-acre site from
Residential Very Low (RV) to Residential Low (RL)
Summary
This is a work session on a request by Zachary Wright of Discovery Homes Holdings, Inc. (“Applicant”) to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 9.97-acre site from Residential Very Low (“RV”) to Residential Low (“RL”) for the purposes of applying for a Vesting Tentative Map to subdivide the entire site (approximately 13 acres) into 39 single family residential lots of minimum 8,000 square feet. The project site is located at 637 and 639 Brownstone Road and is zoned R-15 (Single-Family Residential) District. (APNs: 034-170-006 and 034-170-007).
Staff Recommendation
This is an advisory hearing only. There is no process to approve a project as a result of this work session. The City Council may act in an advisory role to the applicant on whether there is interest in considering an application for the requested project. If the Council shows favorable interest in the preliminary application, it may advise the applicant to submit, and direct Staff to process, a General Plan Amendment application. Directing staff to process a General Plan Amendment application would not guarantee Staff support or City Council approval of the project.
Preliminary General Plan Amendment Process
The process of amending the City of Oakley 2020 General Plan (“General Plan”) is subject to California Government Code (“GC”) Sections 65350 – 65362, which apply to the preparation, adoption and amending of general plans and general plan elements. GC Section 65351 is written as follows:
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Subject: 637 & 639 Brownstone Road Preliminary General Plan Amendment (PA 01-22) – Work Session Date: January 10, 2023
“During the preparation or amendment of the general plan, the [City] shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the planning agency deems appropriate.”
The application process for a General Plan Land Use Amendment can come with significant costs when factoring in Staff time involved in preparing documents, conducting analysis, holding non-public and public meetings, hiring consultants for technical and environmental studies and documents, and consulting with outside agencies. Since a General Plan Land Use Amendment is a legislative and discretionary action that sets the tone for all other land use decisions on a property, Staff encourages potential applicants to first file a Preliminary General Plan Amendment, or “PGPA”.
The purpose of the PGPA is to allow Staff to provide a brief description of the proposed amendment and provide a concept of the project as submitted by the applicant to the Planning Commission and City Council. The applicant is provided a chance to present the request, further describe the concept, and provide insight behind the request. Requiring a conceptual design, helps to prevent requests for land use amendments for the sole purpose of increasing allowable density and therefore property value.
Background and Project Description
Land Use Designation (Existing and Proposed)
• Existing: Residential Very Low (“RV”) - The RV designation provides for traditional, large-lot single-family residential development, which maintains the low density typical of a large-lot suburban development. Primary land uses include detached single-family homes and accessory structures. Public and semi-public uses and similar and compatible uses are also allowed. • Proposed (for 9.97-acre parcel only): Residential Low (“RL”) - The RL designation provides for moderate density, single-family residential development. These neighborhoods will more closely resemble a typical suburban development with spacious yards and little resemblance to a rural neighborhood. Primary permitted land uses include detached single-family homes and accessory structures. Public and semi-public uses and similar and compatible uses are also allowed.
Existing Entitlements
There are no existing entitlements associated with 637 & 639 Brownstone Road. 192
Subject: 637 & 639 Brownstone Road Preliminary General Plan Amendment (PA 01-22) – Work Session Date: January 10, 2023
Site Conditions and Surrounding Land Uses
The project site is made up of two parcels of approximately 13 acres. The parcels include a frontage of approximately 610 feet along Brownstone Road, a western property line shared with Riata Subdivision in Oakley, and a southern property line shared with a single family residential subdivision located in Brentwood. A vineyard with a single residence shares the parcel’s eastern property line.
Properties within Oakley’s land use control lie to the north, east, and west of the subject parcel. Developed and undeveloped properties that surround the parcel are all designated RV in the General Plan. Riata Subdivision also includes RL designated land further toward O’Hara Avenue. The nearest Residential Low/Medium (RLM) designated parcel is over 400 feet to the east. The nearest undeveloped RL parcel is over 850 feet to the east. The subject property and nearly all nearby properties designated RV in the General Plan are zoned R-15 District, or AL (Limited Agriculture) District. Riata Subdivision is zoned P-1 (Planned Unit Development) District. The RLM and RL designated properties to the east are zoned R-6 District and R-10 District, respectively.
Project Description
The applicant
designed the concept
based on feedback
received during a
previous Preliminary
General Plan
Amendment
application and
subsequent work
session held with the
City Council on
August 10, 2021.
Conceptual plans for
this work session
include a master plotting plan with 39 lots consisting of 22 single-story homes and 17 two-story homes. Home sizes range between 2,071 and 3,085 square feet of livable area. Lots are described as meeting an 8,000 square foot minimum size and meeting the development standards of the R-7 (Single Family Residential) District.
The site plan is similar in design and lot size as the adjacent Riata Subdivision to the west.
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Subject: 637 & 639 Brownstone Road Preliminary General Plan Amendment(PA 01-22) –Work Session Date: January 10, 2023
Access to the site is
conceptualized to be from
Neroly Road to the south
and through the existing
Riata Subdivision to the
west through Scabbard
Way, which was planned to
continue to the east onto
this site (See inset). There
is no direct access onto
Brownstone Road. The
conceptual plan does not
show any vehicular or
pedestrian continuation
further to the properties located to the east from inside the project areas, but the extension of Neroly Road would be an option to gain access to those properties in the future.
Planning Commission Work Session (November 1, 2022)
This application was discussed as a Work Session held with the Planning Commission on November 1, 2022. The Staff Report for that item is attached and includes a summary of the previous work session that was held with the City Council on August 10, 2021 for the same site. The Planning Commission Staff Report summarized the previous request and changes to the current one, as well as feedback received by the City Council at that time. The minutes from the August 10, 2021 meeting were attached for the Planning Commission’s consideration, and they are included as a part of this packet as well.
During the work session the Planning Commission received Staff’s Report, heard from the applicant, and received public comments from other interested parties.
Feedback was provided back to the applicant for consideration prior to taking the work session item before the City Council. The draft minutes of that meeting are attached and are scheduled to be presented for adoption by Planning Commission at the regularly scheduled meeting on January 17, 2023.
In summary, the Planning Commission provided positive feedback to the changes made to the project based on previous City Council feedback, which included 1) no longer providing direct access onto Brownstone Road, 2) using an extension of Neroly Road as the main access to the development, and 3) reducing the number of lots to better match the lot size and density of the adjacent Riata Subdivision to the west. The Planning Commission also requested that the applicant set up a work shop with the public to further discuss their concerns over adding new homes nearby and potentially adding vehicular traffic through the Riata Subdivision, along with any other topics of interest related to the application.
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Subject: 637 & 639 Brownstone Road Preliminary General Plan Amendment (PA 01-22) – Work Session Date: January 10, 2023