Pittsburg City Council
August 19, 2024

CITY OF PITTSBURG
AGENDA
AUGUST 19, 2024

CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA

SPECIAL MEETING

COMMISSION INTERVIEWS
5:30 P.M.

REGULAR MEETING
7:00 P.M.

CITY COUNCIL

HOUSING AUTHORITY

PITTSBURG ARTS AND COMMUNITY FOUNDATION

PITTSBURG POWER COMPANY

SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II

SUCCESSOR AGENCY

PRESIDING
Juan Antonio Banales, Mayor/Chair
Jelani Killings, Vice- Mayor/Chair
Dionne Adams, Council Member/Board Member
Angelica Lopez, Council Member/Board Member
Shanelle Scales-Preston, Council Member/Board Member
FOR HOUSING AUTHORITY:

S.L. Floyd, Housing Authority Member
Annie Hill Herring, Housing Authority Member
-------------------------------------------------------------------------------------------------------------------------- Pittsburg City Council regular meetings are held the first and third Mondays of each month at 7:00 p.m. The Housing Authority meets in conjunction with the City Council on the third Monday of each month. The Pittsburg City Council meets regularly in the Council Chamber at 65 Civic Avenue, unless otherwise noted above. The City Council also sits as the Board of Directors of several other City agencies. The stipends for all agency members conform to state statutes governing compensation amounts.

All other Agencies meet on an as needed basis and will be listed above if applicable. Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except from noon to 1:00 p.m. and City holidays). The agenda and reports are also located on the City’s website at www.pittsburgca.gov. Additionally, if any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports and documents will also be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais. 1 5:30 PM - SPECIAL MEETING FOR COMMISSION INTERVIEWS

1. Measure M and Enhanced Infrastructure Facilities District Interviews

AUDIENCE REMARKS
The Audience Remarks period is for the public to comment on any items scheduled to be heard during the Closed Session portion of the meeting, if applicable.
7:00 PM - CONVENE IN OPEN SESSION FOR REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PRESENTATIONS

2. Contra Costa Community College - State of the District

3. Draft 2024/25 through 2028/29 Five-Year Capital Improvement Program

CITY MANAGER REPORTS/REMARKS
The City Manager may make brief announcements or informal comments at this time and brief the Council on items of interest. (No Action Required)

PUBLIC COMMENTS
Members of the audience who wish to address the City Council or Agency Boards on issues that are not scheduled for the agenda and on any items listed as part of the Consent Calendar should complete a Speaker's Card available at the dais. Please read the card carefully in order to fill out the card properly.

Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given three minutes to address the Council unless additional time is allowed as provided for spokespersons. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. (No Action Required)

COMMITTEE REPORTS
Council Members may make a report on their committee assignments at this time. (see attached list of adhoc committees and other public agencies in which Council members participate). (No Action Required)

HOUSING AUTHORITY

COMBINED HOUSING AUTHORITY AND CITY COUNCIL CONSENT CALENDAR

4. Minutes of June 17, 2024

5. Adoption of a Housing Authority Resolution Approving the Section 8 Management Assessment Program Certification for Fiscal Year End June 30, 2024 As required compliance with the U.S. Department of Housing and Urban Development (HUD), the Housing Authority of the City of Pittsburg (Housing Authority) has prepared the Section 8 Management Assessment Program 2 (SEMAP) Certification for submission for fiscal year end June 30, 2024.

6. Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Associated Right of Way Services Inc. for Project Management and Property Acquisition Services and a Housing Authority Resolution Authorizing the Use of Housing Successor Agency Funds The City and Associated Right of Way Services Inc. (ARWS) are proposing to enter into an agreement (Agreement) whereby ARWS would assist the City with project management and strategic property acquisition services.

HOUSING AUTHORITY MEMBER REMARKS

ADJOURNMENT OF THE HOUSING AUTHORITY

CITY COUNCIL MEETING

CONSIDERATION

7. Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute Software Service Agreements with 1) Tyler Technologies, Inc. for a New Citywide Enterprise Resource Planning (ERP) System; and 2) NEOGOV for Supplemental Human Resources Cloud-Based Services
The proposed item would authorize the negotiation, execution and implementation of a new Enterprise Resource Planning (ERP) System through Tyler Technologies, Inc. to be utilized Citywide. This ERP System will replace existing Financial, Human Resources (HR), Payroll (PR) and Utility Billing (UB) systems.

The new ERP system will be utilized by all departments and divisions of the City.

The proposal includes supplemental modules for Human Resources to be provided by NEOGOV for integrated, cloud-based recruitment, development and talent management as well as contingency expenses for the implementation process.

CONFLICT OF INTEREST STATEMENT
City Council/Agency Members may make any conflict of interest declarations pertaining to Consent Calendar items at this time.

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND

SUCCESSOR AGENCY CONSENT CALENDAR

8. Minutes of August 5, 2024

9. Adoption of a City Council Resolution Accepting Plans and Specifications and Authorize Award of Project 2038 – Citywide Roadway Improvements Project 2038 - Citywide Roadway Improvements (the “Project”) installs and upgrades traffic advisory signs with new fluorescent sheeting, moves existing signs to locations compliant with the Manual on Uniform Traffic Control Devices 3 (MUTCD), and replaces damaged poles. Project improvements also include modifications to edge-line and centerline striping along arterial roads throughout the City. If adopted, this resolution will accept the Project plans and specifications and award a construction contract to Pavement Coatings Co.

10. Adoption of a City Council Resolution Adopting the Local Road Safety Plan For Project 2022-Local Road Safety Plan (LRSP) (the “Project”), staff recommend the adoption of the LRSP to promote safety improvements within the City. The plan is the result of the evaluation of existing intersections and roadway segments. If adopted, this resolution will incorporate the improvements within the LRSP to future projects throughout the City.

11. Adoption of a City Council Resolution Authorizing the Execution of a Funding Agreement Between the City of Pittsburg and Contra Costa Transportation Authority
As part of Project 2243 – Countywide Smart Signals (the Project), the City of Pittsburg (City) and Contra Costa Transportation Authority (CCTA) have developed a Funding Agreement regarding the design and construction of upgrades to a total of thirty (30) traffic signal intersections within the City. If adopted, this resolution with authorize the execution of this Funding Agreement as part of the Project.

12. Adoption of a City Council Resolution Allocating Additional Funds, Accepting the Plans and Specifications, and Awarding Project 5704-Central Harbor Park and Boat Launch Facilities
Project 5704-Central Harbor Park and Boat Launch Facilities (Project) will improve the infrastructure at the Boat Launch Ramp, Central Harbor Park, and nearby parking lots as part of a greater effort to revitalize the waterfront. If approved, this Resolution will allocate additional funding, accept the contract plans and specifications, and award a construction contract with NTK Construction, Inc.

13. Adoption of a City Council Resolution to Renew and Execute and Agreement with The 100 Companies LLC for the East Bay 100
On May 6, 2019, the City Council approved a five year agreement with The 100 Companies LLC for a digital media platform that came to be called 'The East Bay 100'. This platform provide the City with an opportunity to create and share content as it pertains to the economic development news and events in Pittsburg and the greater region. Throughout the lifetime of the contract, the City has utilized this resource to share content to a targeted regional database of Contra Costa and Alameda County business professionals, and has seen a steady growth in engagement of the newsletter content. Staff believes that this can continue to be a valuable resource to outreach and promote our City and surrounding region to a greater audience. Staff is seeking approval to renew the City's agreement, by resolution, with The 100 Companies LLC for an additional five years to continue exclusive partnership in the publishing of The East Bay 100 newsletter.
4 14. Adoption of a City Council Resolution Authorizing the Applications for Various Funding Opportunities and Acceptance of Awarded Funds
In 2024 the Environmental Services Division is pursuing a variety of sustainable community funding opportunities ranging from zero emission fuels projects to climate resiliency projects. As required by each granting organization, adoption of this Resolution would authorize staff to apply for and receive any funds awarded for grant applications submitted in 2024.

15. Adoption of a City Council Resolution to Approve a Lease Agreement by and between the City of Pittsburg and Taco & Company, LLC
The City proposes to enter into a Lease Agreement (Agreement) with Taco & Company, LLC for the operation of a counter service restaurant at 1005 Center Drive (“Premises”).

16. Adoption of a City Council Resolution Authorizing the Execution of a Consulting Services Agreement with Chambers Group Inc. for contract Planning Services related to the Blue Planet Global Innovation Center Project The proposed item would authorize the City Manager to execute a Consulting Services Agreement with Chambers Group Inc. in an amount not to exceed One Hundred and Sixteen Thousand, Seven Hundred and Eighty-Seven dollars and Eighty-Five cents ($116,787.85) for CEQA Consultant Fees and would allocate Seventy-Five Thousand, Three Hundred and Forty-Seven dollars ($75,347) for the consultant budget for contract planning services related to the Blue Planet Global Innovation Center Project located at 895 E 3rd Street.

17. Adoption of a Pittsburg Power Company Resolution Approving the Fiscal Year 2024-2025 Consultant Agreement with Open Opportunities Incorporated Pittsburg Power Company (PPC) is seeking approval for the fiscal year (FY) 2024- 2025 consultant agreement (Agreement) with Open Opportunities Incorporated (OOI) in the amount of $415,000 for the case management and day to day program supervision of the Future Build Program.

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
Council Members may request items to be considered for future agendas. An item will only be brought forward with a majority vote and will appear on a future agenda with staff recommendations for further Council consideration.

COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required) ADJOURNMENT TO SEPTEMBER 16, 2024
5 NOTICE TO PUBLIC

GENERAL INFORMATION
Copies of the open session agenda packets, as distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except City holidays). Full agenda packets are also located on the City’s website at www.pittsburgca.gov. If any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports or documents will be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais.

SPEAKER’S CARD
Members of the audience who wish to address the City Council on issues that are not scheduled for the agenda and on any items listed as part of the agenda should complete a Speaker’s Card available at the dais. Please read the card carefully in order to fill out the card properly. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given up to three minutes to address the Council unless additional time is allowed as provided for spokespersons. Speakers are not permitted to yield their time to another speaker. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. Pursuant to the Brown Act, no action may be taken by the City Council on items not already scheduled on the agenda; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.

PUBLIC HEARINGS
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the Public Hearing is opened, except on Public Hearing items previously heard and closed to public comment. After the public has commented, the item is closed to public comment and brought to the Council/Agency level for discussion and action. Further comment from the audience will not be received unless requested by the Council/Agency.

There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.

NOTICE TO THE DISABLED AND VISUALLY OR HEARING IMPAIRED In compliance with the Americans with Disabilities Act, the City of Pittsburg will provide special assistance for disabled residents. Upon request, an agenda for any meeting shall be made available in appropriate alternative formats. The Council Chamber is equipped with sound amplifier units for use by the hearing impaired. The units operate in conjunction with the Chamber’s sound system. You may request the sound amplifier from the City Clerk for personal use during Council meetings. If you need special assistance to participate in this meeting, or are requesting a specially formatted agenda, please contact the City Clerk at (925) 252-4850. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format. (28 CFR 35.102-35.104 ADA Title II)

DISRUPTIVE CONDUCT
The Council requests that you observe the order and decorum of our Council Chamber by turning off or setting to vibrate all cellular telephones and electronic devices, and that you refrain from making personal, impertinent, or slanderous remarks. Boisterous and disruptive behavior while the Council is in session, and the display of signs in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting, is a violation of our Municipal Code and any person who engages in such conduct can be ordered to leave the Council Chamber by the Mayor.

LIVE MEDIA BROADCASTING ADVISEMENT
City Council meetings are webcast live on the City’s website at www.pittsburgca.gov on the Agendas and Live Meetings page. Past meetings and approved minutes are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov - Agendas and Live Meetings), on Comcast Channel 24 Delta TV, AT&T U-Verse Channel 99 Delta TV. Contact the City Clerk’s office at (925) 252-4850 for more information 6 City Council Agency/Liaison/Subcommittee Assignments as of June 17, 2024

OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS TIME STAFF ABAG Dionne Adams / Jelani Killings Alternate Standing Annual G. Evans Delta Diablo* Juan Banales / Shanelle Scales-Preston Alternate Standing 2nd Wednesday 4:30 PM J. Samuelson East Co. Co. County Habitat Conservancy Angelica Lopez / Juan Banales Alternate Standing 4th Monday
Bi-Monthly 2:00 PM J. Davis
East County Water Management Juan Banales / Jelani Killings Alternate Standing Annual J. Samuelson MCE Clean Energy Board Shanelle Scales-Preston / Angelica Lopez Alternate Standing Quarterly 7:00 PM D. Buchanan TRANSPLAN / ECCRFFA Shanelle Scales-Preston / Juan Banales Alternate Standing 2nd Thursday 6:30 PM J. Samuelson Tri-Delta Transit (2 reps)** Shanelle Scales-Preston & Dionne Adams / Jelani Killings Alternate Standing 4th Wednesday 4:00 PM J. Samuelson

LIAISON TO COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
East Bay League of California Cities Shanelle Scales-Preston / Jelani Killings Alternate Standing 3rd Thursday G. Evans Los Medanos Health Advisory Committee Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed M. Aliotti Mayor’s Conference Juan Banales / Jelani Killings Alternate Standing 1st Thursday 6:30 PM G. Evans Pittsburg Police Activities League (PAL) Shanelle Scales-Preston & Angelica Lopez / Dionne Adams Alternate Standing Monthly S. Albanese School Districts Committee (2x2) Jelani Killings & Angelica Lopez / Dionne Adams Alternate Standing Quarterly M. Aliotti

SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
Budget Sustainability Juan Banales & Jelani Killings Ad Hoc As needed G. Evans Community and Economic Development Jelani Killings & Dionne Adams / Juan Banales Alternate Standing 2nd Wednesday 5:00 PM J. Davis Facilities Rental and Usage Jelani Killings & Dionne Adams Ad Hoc As needed G. Evans Finance Management Juan Banales & Jelani Killings / Shanelle Scales-Preston Alternate Standing 3rd Friday 4:00 PM P. Rodrigues Government Performance Juan Banales & Jelani Killings Ad Hoc 4th Friday 4:00 PM J. Brizel Green Empowerment Zone Dionne Adams/ Jelani Killings Alternate Standing 3rd Friday Bi-
monthly 9:30 AM J. Davis
Infrastructure and Transportation Shanelle Scales-Preston & Dionne Adams / Juan Banales Alternate Standing 4th Thursday 5:30 PM J. Samuelson Life Enrichment Dionne Adams & Angelica Lopez / Shanelle Scales-Preston Alternate Standing 3rd Wednesday 5:30 PM K. Simonton Pittsburg Arts and Community Foundation Shanelle Scales-Preston & Jelani Killings Standing As needed K. Simonton Public Safety Shanelle Scales-Preston & Angelica Lopez / Jelani Killings Alternate Standing 1st Wednesday 5:30 PM S. Albanese Tobacco, Cannabis, Alcohol Policy Review Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans *Stipend of $170 per month
**Stipend of $100 per month 7
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Housing Authority Minutes Page 1 of 2 June 17, 2024

CITY OF PITTSBURG

HOUSING AUTHORITY MEETING MINUTES

DATE: June 17, 2024

LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565

CITY COUNCIL/AGENCY MEMBERS
Juan Antonio Banales, Mayor/Chair
Jelani Killings, Vice-Mayor/Chair
Dionne Adams, Council/Agency Member
Angelica Lopez, Council/Agency Member
Shanelle Scales-Preston, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)

Chair Banales called the meeting of the Housing Authority to order at 7:07 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA

ROLL CALL

Member Lopez and Member Scales-Preston were absent and excused.

CONSIDERATION

1. Adoption of a Housing Authority of the City of Pittsburg Resolution Approving the Operating Budget Plan for Fiscal Year 2024-25 for the Housing Authority City of Pittsburg and Appropriation of Funds for Fiscal Year 2024-25

On Motion by Member Floyd, seconded by Member Herring and adopted by the following vote:

AYES: Adams, Floyd, Herring, Killings, Banales
ABSENT: Lopez, Scales-Preston

COMBINED CITY COUNCIL AND HOUSING AUTHORITY CONSENT CALENDAR

On Motion by Member Floyd, seconded by Member Herring and adopted by the following vote:

AYES: Adams, Floyd, Herring, Killings, Banales
ABSENT: Lopez, Scales-Preston

2. Minutes of April 15, 2024

24 Housing Authority Minutes Page 2 of 2 June 17, 2024

3. Adoption of a City Council Resolution Authorizing Conveyance of 2362 Dover Way to the Housing Authority and a Housing Authority Resolution Authorizing Acceptance of 2362 Dover Way from the City of Pittsburg

HOUSING AUTHORITY MEMBER REMARKS

There were no Housing Authority Member remarks.

ADJOURNMENT

The Housing Authority was adjourned at 7:22 P.M.

Respectfully submitted,

Alice E. Evenson, Secretary
25 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Housing Authority Resolution Approving the Section 8 Management Assessment Program Certification for Fiscal Year End June 30, 2024
MEETING DATE: August 19, 2024

EXECUTIVE SUMMARY
As required compliance with the U.S. Department of Housing and Urban Development (HUD), the Housing Authority of the City of Pittsburg (Housing Authority) has prepared the Section 8 Management Assessment Program (SEMAP) Certification for submission for fiscal year end June 30, 2024.

FISCAL IMPACT
This action has no fiscal impact to the General Fund or the Housing Authority Funds.

RECOMMENDATION
Staff recommends the Governing Board of the Housing Authority adopt this Resolution approving the SEMAP Certification for fiscal year ending June 30, 2024, for submission to HUD no later than the August 30, 2024 deadline.

BACKGROUND
In 1999, HUD introduced the SEMAP as a management assessment system designed to provide an annual measurement of performance for all housing authorities administering the Section 8 Housing Choice Voucher program. HUD requires the SEMAP Certification be approved by resolution and transmitted electronically through HUD’s Public and Indian Housing Information Center (PIC) system within 60 days following the end of the fiscal year.

The SEMAP system assesses Housing Authority on 14 key indicators that show whether families are assisted fairly and expeditiously and in accordance with the Federal regulations governing the program. These fourteen (14) indicators are: 1) Selection from Waiting List; 2) Reasonable Rent; 3) Determination of Adjusted Income; 4) Utility Allowance Schedule; 5) Housing Quality Standards (HQS) Quality Control; 6) HQS Enforcement; 7) Expanding 26 Housing Opportunities; 8) Payment Standards; 9) Annual Reexaminations; 10) Correct Tenant Rent Calculations; 11) Pre-contract HQS; 12) Annual HQS; 13) Lease Up (Utilization); and 14) Family Self-Sufficiency. Eight indicators are based on information certified by the Housing Authority and the remaining six indicators are based on HUD’s PIC system data. Upon review of this SEMAP Certification by HUD, a determination will be made on the operational designation and regulatory compliance of the Housing Authority.

SUBCOMMITTEE FINDINGS
The SEMAP Certification was not discussed in a subcommittee.

STAFF ANALYSIS
The Housing Authority has prepared the SEMAP Certification to meet HUD’s requirements and upon Board approval, will submit the SEMAP Certification to HUD on or before the due date of August 30, 2024, for compliance.

It is important to note that Indicator 14, Family Self-Sufficiency, is rated for those housing authorities operating a Family Self Sufficiency (FSS) Program and have an FSS Coordinator. As the Housing Authority does not operate this program, it is assessed on the remaining 13 indicators for a maximum of 135 points.

Within the 13 remaining indicators, there is a cumulative 135-point total scale where the attainment of 90% or above (122+ points) will yield a designation of “High Performer,” a score between 60% and 89% (81 to 121 points) will yield a designation of “Standard Performer,” and a score of less than 60% (80 points) will yield a designation of “Troubled Performer”. HUD will conduct on-site reviews of housing authorities rated “Troubled” to assess the magnitude and severity of the problems.

The Housing Authority has in the past been designated a “High Performer” and current records indicate that it has successfully completed the 2024 requirements for most indicators to continue meeting the “High Performer” designation.

It is anticipated that HUD will post the Housing Authority’s designation within 120 days of submission of the SEMAP Certification.

ATTACHMENTS: Resolution
Section 8 Management Assessment Program Certification
Report Prepared By: Tanya Ray, Housing Manager
27 Resolution No. 24- Page 1 of 2 August 19, 2024

BEFORE THE GOVERNING BOARD OF THE HOUSING AUTHORITY

OF THE CITY OF PITTSBURG
In the Matter of:

Adoption of a Housing Authority Resolution )
Approving the Section 8 Management )
Assessment Program Certification for Fiscal ) RESOLUTION NO. 24- Year End June 30, 2024 ) WHEREAS, in 1999, the U.S. Department of Housing and Urban Development (HUD), introduced the Section 8 Management Assessment Program (SEMAP) as a management assessment system designed to provide an annual measurement of performance for all housing authorities administering the Section 8 Housing Choice Voucher program; and
WHEREAS, HUD requires the SEMAP Certification be approved by resolution and transmitted electronically through HUD’s Public and Indian Housing Information Center (PIC) system within 60 days following the end of the fiscal year; and WHEREAS, the SEMAP system assesses housing authorities on 14 key indicators that show whether families are assisted fairly and expeditiously and in accordance with the Federal regulations governing the program. These fourteen (14) indicators are: 1) Selection from the Waiting List; 2) Reasonable Rent: 3) Determination of Adjusted Income; 4) Utility Allowance Schedule; 5) Housing Quality Standards (HQS) Quality Control; 6) HQS Enforcement; 7) Expanding Housing Opportunities; 8) Payment Standards; 9) Annual Reexaminations; 10) Correct Tenant Rent Calculations; 11) Pre-contract HQS; 12) Annual HQS; 13) Lease Up (Utilization); and 14) Family Self-Sufficiency. Eight indicators are based on information certified by the Housing Authority of the City of Pittsburg (Housing Authority) and the remaining six indicators are based on HUD’s PIC system data. Upon review of this SEMAP Certification by HUD, a determination will be made on the operational designation and regulatory compliance of the Housing Authority; and WHEREAS, Indicator 14, Family Self-Sufficiency, is rated for those housing authorities operating a Family Self Sufficiency (FSS) Program and have an FSS Coordinator.

The Housing Authority does not operate this program and is therefore, assessed on the remaining 13 indicators for a maximum of 135 points; and WHEREAS, the Housing Authority has identified policies, procedures and management practices to ensure compliance with SEMAP indicators identified by HUD.

NOW, THEREFORE BE IT RESOLVED, the Governing Board of the Housing Authority finds and determines that the SEMAP Certification for Fiscal Year End June 30, 2024 is a thorough and complete document, and supports the Housing Authority’s policies, procedures and management practices.
28 Resolution No. 24- Page 2 of 2 August 19, 2024
BE IT FURTHER RESOLVED that the Governing Board of the Housing Authority hereby approves the SEMAP Certification for submission and adopts this Resolution and Exhibit A incorporated herein by this reference.

BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take such further actions as may be necessary or appropriate to carry out the Housing Authority’s obligations pursuant to this Resolution.

PASSED AND ADOPTED by the Governing Board of the Housing Authority of the City of Pittsburg at a regular meeting on the 19th day of August 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
____________________________
Juan Antonio Banales, Chair
ATTEST:
______________________________
Alice E. Evenson, Agency Secretary
29 
OMB Approval No. 2577-0215
U.S. Department of Housing
Section 8 Management Assessment
and Urban Development (exp. 02/29/2020) Program (SEMAP)
Office of Public and Indian Housing
Certification
Public reporting burden for this collection of information is estimated to average 12 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.

This collection of information is required by 24 CFR sec 985.101 which requires a Public Housing Agency (PHA) administering a Section 8 tenant-based assistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the PHA concerns the performance of the PHA and provides assurance that there is no evidence of seriously deficient performance. HUD uses the information and other data to assess PHA management capabilities and deficiencies, and to assign an overall performance rating to the PHA. Responses are mandatory and the information collected does not lend itself to confidentiality.

Instructions Respond to this certification form using the PHA’s actual data for the fiscal year just ended.

PHA Name
For PHA FY Ending (mm/dd/yyyy)
Submission Date (mm/dd/yyyy)
Check here if the PHA expends less than $300,000 a year in Federal awards Indicators 1 - 7 will not be rated if the PHA expends less than $300,000 a year in Federal awards and its Section 8 programs are not audited for compliance with regulations by an independent auditor. A PHA that expends less than $300,000 in Federal awards in a year must still complete the certification for these indicators.

Performance Indicators

1. Selection from the Waiting List. (24 CFR 982.54(d)(1) and 982.204(a)) (a) The PHA has written policies in its administrative plan for selecting applicants from the waiting list.

PHA Response
Yes
No
(b) The PHA’s quality control samples of applicants reaching the top of the waiting list and of admissions show that at least 98% of the families in the samples were selected from the waiting list for admission in accordance with the PHA’s policies and met the selection criteria that determined their places on the waiting list and their order of selection.

PHA Response
Yes
No

2. Reasonable Rent. (24 CFR 982.4, 982.54(d)(15), 982.158(f)(7) and 982.507) (a) The PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units (i) at the time of initial leasing, (ii) before any increase in the rent to owner, and (iii) at the HAP contract anniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. The PHA’s method takes into consideration the location, size, type, quality, and age of the program unit and of similar unassisted units, and any amenities, housing services, maintenance or utilities provided by the owners.

PHA Response
Yes
No
(b) The PHA’s quality control sample of tenant files for which a determination of reasonable rent was required shows that the PHA followed its written method to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for (check one):

PHA Response
At least 98% of units sampled
80 to 97% of units sampled
Less than 80% of units sampled

3. Determination of Adjusted Income. (24 CFR part 5, subpart F and 24 CFR 982.516) The PHA’s quality control sample of tenant files shows that at the time of admission and reexamination, the PHA properly obtained third party verification of adjusted income or documented why third party verification was not available; used the verified information in determining adjusted income; properly attributed allowances for expenses; and, where the family is responsible for utilities under the lease, the PHA used the appropriate utility allowances for the unit leased in determining the gross rent for (check one):

PHA Response
At least 90% of files sampled
80 to 89% of files sampled
Less than 80% of files sampled

4. Utility Allowance Schedule. (24 CFR 982.517)
The PHA maintains an up-to-date utility allowance schedule. The PHA reviewed utility rate data that it obtained within the last 12 months, and adjusted its utility allowance schedule if there has been a change of 10% or more in a utility rate since the last time the utility allowance schedule was revised.

PHA Response
Yes
No

5. HQS Quality Control Inspections. (24 CFR 982.405(b)) A PHA supervisor (or other qualified person) reinspected a sample of units during the PHA fiscal year, which met the minimum sample size required by HUD (see 24 CFR 985.2), for quality control of HQS inspections. The PHA supervisor’s reinspected sample was drawn from recently completed HQS inspections and represents a cross section of neighborhoods and the work of a cross section of inspectors.

PHA Response
Yes
No

6. HQS Enforcement. (24 CFR 982.404)
The PHA’s quality control sample of case files with failed HQS inspections shows that, for all cases sampled, any cited life-threatening HQS deficiencies were corrected within 24 hours from the inspection and, all other cited HQS deficiencies were corrected within no more than 30 calendar days from the inspection or any PHA-approved extension, or, if HQS deficiencies were not corrected within the required time frame, the PHA stopped housing assistance payments beginning no later than the first of the month following the correction period, or took prompt and vigorous action to enforce the family obligations for (check one):

PHA Response
At least 98% of cases sampled
Less than 98% of cases sampled
form HUD-52648 (11/2013)
Previous edition is obsolete

ref. 24 CFR Part 985
30 7.

Expanding Housing Opportunities. (24 CFR 982.54(d)(5), 982.153(b)(3) and (b)(4), 982.301(a) and 983.301(b)(4) and (b)(12)).

Applies only to PHAs with jurisdiction in metropolitan FMR areas.

Check here if not applicable
(a) The PHA has a written policy to encourage participation by owners of units outside areas of poverty or minority concentration which clearly delineates areas in its jurisdiction that the PHA considers areas of poverty or minority concentration, and which includes actions the PHA will take to encourage owner participation.

PHA Response
Yes
No
(b) The PHA has documentation that shows that it took actions indicated in its written policy to encourage participation by owners outside areas of poverty and minority concentration.

PHA Response
Yes
No
(c) The PHA has prepared maps that show various areas, both within and neighboring its jurisdiction, with housing opportunities outside areas of poverty and minority concentration; the PHA has assembled information about job opportunities, schools and services in these areas; and the PHA uses the maps and related information when briefing voucher holders.

PHA Response
Yes
No
(d) The PHA’s information packet for voucher holders contains either a list of owners who are willing to lease, or properties available for lease, under the voucher program, or a list of other organizations that will help families find units and the list includes properties or organizations that operate outside areas of poverty or minority concentration.

PHA Response
Yes
No
(e) The PHA’s information packet includes an explanation of how portability works and includes a list of neighboring PHAs with the name, address and telephone number of a portability contact person at each.

PHA Response
Yes
No
(f) The PHA has analyzed whether voucher holders have experienced difficulties in finding housing outside areas of poverty or minority concentration and, where such difficulties were found, the PHA has considered whether it is appropriate to seek approval of exception payment standard amounts in any part of its jurisdiction and has sought HUD approval when necessary.

PHA Response
Yes
No

8. Payment Standards. The PHA has adopted current payment standards for the voucher program by unit size for each FMR area in the PHA jurisdiction and, if applicable, for each PHA-designated part of an FMR area, which do not exceed 110 percent of the current applicable FMR and which are not less than 90 percent of the current FMR (unless a lower percent is approved by HUD). (24 CFR 982.503) PHA Response
Yes
No
Enter current FMRs and payment standards (PS)
0-BR FMR _________
1-BR FMR _________
2-BR FMR _________
3-BR FMR ________
4-BR FMR _________
PS ______________
PS ______________
PS ______________
PS ______________
PS ______________
If the PHA has jurisdiction in more than one FMR area, and/or if the PHA has established separate payment standards for a PHA-designated part of an FMR area, attach similar FMR and payment standard comparisons for each FMR area and designated area.

9. Annual Reexaminations. The PHA completes a reexamination for each participating family at least every 12 months. (24 CFR 982.516) PHA Response
Yes
No

10. Correct Tenant Rent Calculations. The PHA correctly calculates tenant rent in the rental certificate program and the family rent to owner in the rental voucher program. (24 CFR 982, Subpart K)
PHA Response
Yes
No

11. Precontract HQS Inspections. Each newly leased unit passed HQS inspection before the beginning date of the assisted lease and HAP contract. (24 CFR 982.305)
PHA Response
Yes
No

12. Annual HQS Inspections. The PHA inspects each unit under contract at least annually. (24 CFR 982.405(a)) PHA Response
Yes
No

13. Lease-Up. The PHA executes assistance contracts on behalf of eligible families for the number of units that has been under budget for at least one year.

PHA Response
Yes
No
14a.

Family Self-Sufficiency Enrollment. The PHA has enrolled families in FSS as required. (24 CFR 984.105) Applies only to PHAs required to administer an FSS program .

Check here if not applicable
PHA Response
a. Number of mandatory FSS slots (Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and later through 10/20/1998. Exclude units funded in connection with Section 8 and Section 23 project-based contract terminations; public housing demolition, disposition and replacement; HUD multifamily property sales; prepaid or terminated mortgages under section 236 or section 221(d)(3); and Section 8 renewal funding. Subtract the number of families that successfully completed their contracts on or after 10/21/1998.) or, Number of mandatory FSS slots under HUD-approved exception form HUD-52648 (8/2000)
Previous edition is obsolete

ref. 24 CFR Part 985
31 b. Number of FSS families currently enrolled
c. Portability: If you are the initial PHA, enter the number of families currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Percent of FSS slots filled (b + c divided by a)
14b. Percent of FSS Participants with Escrow Account Balances. The PHA has made progress in supporting family self-sufficiency as measured by the percent of currently enrolled FSS families with escrow account balances. (24 CFR 984.305) Applies only to PHAs required to administer an FSS program .

Check here if not applicable
PHA Response
Yes
No
Portability: If you are the initial PHA, enter the number of families with FSS escrow accounts currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Deconcentration Bonus Indicator (Optional and only for PHAs with jurisdiction in metropolitan FMR areas).

The PHA is submitting with this certification data which show that:
(1)
Half or more of all Section 8 families with children assisted by the PHA in its principal operating area resided in low poverty census tracts at the end of the last PHA FY;
(2)
The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA’s principal operating area during the last PHA FY is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the last PHA FY;
or
(3)
The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA’s principal operating area over the last two PHA FYs is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the second to last PHA FY.

PHA Response
Yes
No
If yes, attach completed deconcentration bonus indicator addendum.

I hereby certify that, to the best of my knowledge, the above responses under the Section 8 Management Assessment Program (SEMAP) are true and accurate for the PHA fiscal year indicated above. I also certify that, to my present knowledge, there is not evidence to indicate seriously deficient performance that casts doubt on the PHA’s capacity to administer Section 8 rental assistance in accordance with Federal law and regulations.

Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Executive Director, signature
Chairperson, Board of Commissioners, signature
___________________________________________________________ _________________________________________________________ Date (mm/dd/yyyy) ____________________________________________ Date (mm/dd/yyyy) _________________________________________ The PHA may include with its SEMAP certification any information bearing on the accuracy or completeness of the information used by the PHA in providing its certification.
form HUD-52648 (11/2013)
Previous edition is obsolete

ref. 24 CFR Part 985
32

.

SEMAP Certification - Addendum for Reporting Data for Deconcentration Bonus Indicator Date (mm/dd/yyyy) ____________________________
PHA Name ______________________________________________________________________________________ Principal Operating Area of PHA _____________________________________________________________________ (The geographic entity for which the Census tabulates data) Special Instructions for State or regional PHAs Complete a copy of this addendum for each metropolitan area or portion of a metropolitan area (i.e., principal operating areas) where the PHA has assisted 20 or more Section 8 families with children in the last completed PHA FY. HUD will rate the areas separately and the separate ratings will then be weighted by the number of assisted families with children in each area and averaged to determine bonus points. 1990 Census Poverty Rate of Principal Operating Area __________________________________________________ Criteria to Obtain Deconcentration Indicator Bonus Points To qualify for bonus points, a PHA must complete the requested information and answer yes for only one of the 3 criteria below. However, State and regional PHAs must always complete line 1) b for each metropolitan principal operating area. 1)
__________
a. Number of Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY who live in low poverty census tracts. A low poverty census tract is a tract with a poverty rate at or below the overall poverty rate for the principal operating area of the PHA, or at or below 10% whichever is greater. __________
b. Total Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY. __________
c. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA’s principal operating area at the end of the last PHA FY (line a divided by line b).

Is line c 50% or more? Yes
No
2)
__________
a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the last completed PHA FY.
__________
b. Number of Section 8 families with children who moved to low poverty census tracts during the last completed PHA FY. __________
c. Number of Section 8 families with children who moved during the last completed PHA FY. __________
d. Percent of all Section 8 mover families with children who moved to low poverty census tracts during the last PHA fiscal year (line b divided by line c).

Is line d at least two percentage points higher than line a? Yes No
3)
__________
a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the second to last completed PHA FY.
__________
b. Number of Section 8 families with children who moved to low poverty census tracts during the last two completed PHA FYs. __________
c. Number of Section 8 families with children who moved during the last two completed PHA FYs. __________
d. Percent of all Section 8 mover families with children who moved to low poverty census tracts over the last two completed PHA FYs (line b divided by line c).

Is line d at least two percentage points higher than line a? Yes No
If one of the 3 criteria above is met, the PHA may be eligible for 5 bonus points.

See instructions above concerning bonus points for State and regional PHAs. form HUD-52648 (11/2013)
Previous edition is obsolete
ref. 24 CFR Part 98533

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor/Chair and Council/Governing Board Members
FROM: Garrett Evans, Executive Director/City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Associated Right of Way Services Inc. for Project Management and Property Acquisition Services and a Housing Authority Resolution Authorizing the Use of Housing Successor Agency Funds
MEETING DATE: August 19, 2024

EXECUTIVE SUMMARY
The City and Associated Right of Way Services Inc. (ARWS) are proposing to enter into an agreement (Agreement) whereby ARWS would assist the City with project management and strategic property acquisition services.

FISCAL IMPACT
Staff proposes to use $100,000 of the Housing Successor Agency’s (HSA) (Fund 248) approved budget for Fiscal Year (FY) 2024/25 to pay for the cost of the Agreement.

RECOMMENDATION
City Council adopt the Resolution authorizing the City Manager to negotiate and execute an agreement with ARWS for project management and property acquisition services.

Governing Board of the Housing Authority of the City of Pittsburg (Housing Authority) adopt the Resolution authorizing the use of $100,000 of the HSA’s approved budget for FY 2024/25 to pay for the Agreement.

BACKGROUND
On August 5, 2024, the City Council adopted Resolution 24-14516, amending the 2040 General Plan (Chapter 14) by adopting amendments to the 2023-2031 Housing Element (the “6th Cycle”). During the 6th Cycle, the City is required to enable the production of 2,052 housing units, of which, 812 units are below 80% of the Area Median Income. 34 The Housing Authority currently seeks to acquire property to establish affordable housing units in Pittsburg. The City has identified the Old Town area as a potential location for these units, which may include supportive services and the potential for economic development enhancements to the area.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
ARWS is a full service right of way and real estate consulting firm. Staff is recommending retaining ARWS to assist the City with project management and potential property acquisition services due to their experience and track record of working with agencies, including the City. ARWS services include, but are not limited to, the facilitation of property negotiations and relocation services, if needed.

It should be noted that the proposed action would not authorize the actual purchase of properties, but simply the identification and negotiation of possible acquisitions.

ATTACHMENTS: City Council Resolution
Housing Authority Resolution
Report Prepared By: Jordan Davis, Director of Community and Economic Development 35 BEFORE THE GOVERNING BOARD OF THE HOUSING AUTHORITY

OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the Use of Housing ) RESOLUTION NO. 24-
Successor Agency Funds )
WHEREAS, the Housing Authority of the City of Pittsburg (Housing Authority) currently seeks to acquire property to establish affordable housing units within the Pittsburg; and
WHEREAS, the Housing Authority, in conjunction with the City, has identified the Old Town area as a potential location for these units, which may include supportive services and the potential for economic development enhancements to the area; and WHEREAS, Associated Right of Way Services (ARWS) is a full service right of way and real estate consulting firm with extensive experience, track record of working with agencies, including the City, and project management capabilities; and WHEREAS, the City and AWRS are proposing to enter into an agreement whereby ARWS would assist the City with project management and strategic property acquisition services; and
WHEREAS, staff proposes to use $100,000 of the Housing Successor Agency’s (HSA) (Fund 248) approved budget for Fiscal Year (FY) 2024/25 to pay for the cost of the Agreement; and
WHEREAS, this Resolution does not authorize the actual purchase of properties, but simply the identification and negotiation of possible acquisitions.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the Housing Authority of the City of Pittsburg hereby authorizes the use $100,000 of the HSA’s approved budget for FY 2024/25 to pay for the cost of the Agreement.

PASSED AND ADOPTED by the Governing Board of the Housing Authority of the City of Pittsburg at a regular meeting on the 19th day of August 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Juan Antonio Banales, Chair
ATTEST:
______________________________
Alice E. Evenson, Agency Secretary
36 BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the City Manager to )
Negotiate and Execute an Agreement )
With Associated Right of Way Services ) RESOLUTION NO. 24- For Project Management and Property )
Acquisition Services )
WHEREAS, the Housing Authority of the City of Pittsburg (Housing Authority) currently seeks to acquire property to establish affordable housing units within Pittsburg; and
WHEREAS, the Housing Authority, in conjunction with the City, has identified the Old Town area as a potential location for these units, which may include supportive services and the potential for economic development enhancements to the area; and WHEREAS, Associated Right of Way Services Inc. (ARWS) is a full service right of way and real estate consulting firm with extensive experience, track record of working with agencies, including the City, and project management capabilities; and WHEREAS, the City and ARWS are proposing to enter into an agreement (Agreement), whereby ARWS would assist the City with project management and strategic property acquisition services; and
WHEREAS, staff proposes to use $100,000 of the Housing Successor Agency’s (HSA) approved budget (Fund 248) for Fiscal Year 2024/25 to pay for the cost of the Agreement; and
WHEREAS, this Resolution does not authorize the actual purchase of properties but simply the identification and negotiation of possible acquisitions.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to negotiate and execute an agreement with ARWS for project management and property acquisition services in an amount not to exceed One Hundred Thousand Dollars ($100,000).

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of August 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Juan Antonio Banales, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
37 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute Software Service Agreements with 1) Tyler Technologies, Inc. for a New Citywide Enterprise Resource Planning (ERP) System; and 2) NEOGOV for Supplemental Human Resources Cloud-Based Services
MEETING DATE: August 19, 2024

EXECUTIVE SUMMARY
The proposed item would authorize the negotiation, execution and implementation of a new Citywide Enterprise Resource Planning (ERP) System through Tyler Technologies, Inc. This ERP System will replace existing Financial, Human Resources (HR), Payroll (PR) and Utility Billing (UB) systems. The new ERP system will be utilized by all departments and divisions of the City. The proposal includes supplemental modules for Human Resources to be provided by NEOGOV for integrated, cloud-based recruitment, development and talent management as well as contingency expenses for the implementation process.

FISCAL IMPACT
The cost of the new ERP system will be $3,918,692 over a five-year period. This includes one-time implementation fees, 5-year subscription/support fees, and purchases towards any unforeseen contingencies during the implementation phase. This table shows the annual cost over the five-year period.

FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Total
Total $1,461,334 $933,691 $605,530 $456,407 $461,730 $3,918,692 The funding for each of the fiscal years will be paid out of each department and division’s approved budgets whose funding sources include, but are not limited to, General Fund, Enterprise Funds, and other Non-General Funds.

American Rescue Plan Act (ARPA) funds of $2,068,000 have been allocated to assist in the purchase and implementation of the new ERP System.
38 Vendor ERP Modules to
be procured
One-time
implementation
fees
Subscription
fees for 5 Years Total Fees
Tyler Technologies,
Inc
Core Products
 Financials
 Human
Resources
 Payroll
 Utility Billing
Add-on Products
 Transparency
 Budget
Publishing
 Advanced
Scheduling
 Cashiering/Acce
la Interface
$ 1,614,431 $ 1,674,050 $ 3,288,481
GovernmentJobs.com
(dba NEOGOV)
 Recruiting
 Onboarding
 Performance
Evaluation
 Learning
Management
System
 eForms
 Single Sign-on
$ 38,100 $ 392,111 $ 430,211
-  Contingency
purchases $ 100,000 $ 100,000 $ 200,000
Total : $ 1,752,531 $ 2,166,161 $ 3,918,692

RECOMMENDATION
Adopt the Resolution and authorize the City Manager to negotiate and execute software service agreements with 1) Tyler Technologies, Inc. for a new citywide Enterprise Resource Planning (ERP) System; and 2) NEOGOV for supplemental Human Resources cloud based services.

BACKGROUND
The City currently utilizes Eden from Tyler Technology, Inc. (Tyler) for Financial, HR, PR and UB management. This software system has been used by the City for the past 15 years. The Eden product is built on older technology and Tyler has stopped making feature enhancements to this product. While Tyler is still supporting Eden, it has set the sunset date of Eden to be March 1, 2027. This means that the City will have to migrate to a new system by the end of calendar year 2026 to ensure uninterrupted performance of the City’s vital systems.
39 While Eden customers of Tyler were notified about this sunset date in February 2022, the City was already aware of the impending plan to sunset Eden in advance of the February 2022 notification. This led the City to engage Government Finance Officers Association (GFOA) as a consultant in November 2021 to carry out an ERP assessment study, recommend process and policy improvements, and eventually select a replacement ERP vendor through a request for proposal (RFP) process.

GFOA conducted a study of City business processes by forming nine Process Improvement Teams (PIT) for each of the critical functional areas of the ERP system. Each PIT Team comprised of subject matter experts as well as Citywide users of the specific functional area, with a team size of about 10 members for each team. In addition, a Project Management Team, comprising key stakeholders from Finance and Human Resources departments, was formed to provide input to GFOA. After a series of meetings with GFOA, as well as internal meetings, an RFP was developed, which would cater to the City’s ERP needs with respect to the core Financials, HR, and PR systems. This RFP was published to the vendor community on December 7, 2022. Pursuant to the GFOA recommendation, it was decided to have a separate RFP for the UB functionality.

SUBCOMMITTEE FINDINGS
The Finance Management Subcommittee was updated with the progress on the ERP procurement process at regular intervals as detailed below.

Date Description of update
July 21, 2023
First status update on ERP. The update covered the reason for the new ERP, goals for the new ERP, milestones achieved, and the anticipated implementation time and costs.

September 15, 2023
Second status update on ERP. The update covered milestones achieved, milestones yet to be achieved, and the revised implementation time and costs.

February 16, 2024 ERP goals were presented as part of the Fiscal Year 2024-2025 goals under Efficiency.

STAFF ANALYSIS
City received responses from five vendors to RFP on the due date of February 7, 2023, as detailed below:
# Vendor Name Address 5 Year price
1 CentralSquare 1000 Business Center Dr, Lake Mary, FL 32746 $1,644,112 2 Cyret Technologies 10687 Gatkins Way, Suite 200, Manassas, VA 20109 $1,066,326 3 Forsys 691 S Milpitas Blvd, Milpitas, CA 95035 $5,331,045 4 Origin Utility 1930 Village Center Circle, Suite 3-704, Las Vegas, NV 89134 $5,395,218
5 Tyler Technologies One Tyler Drive, Yarmouth, ME 04096 $2,555,342 The above prices were only for the Financials, HR and PR systems of the ERP system offered by each vendor, except for Forsys, which offered only Financials modules. 40 To evaluate the responses received for the RFP, the City established a nine-member Evaluation Team. The Evaluation Team is comprised of staff from Finance, HR, Information Technology (IT), Police, Public Works, Engineering, and the City Manager’s Office. Of the five proposals received, the Tyler proposal scored significantly higher than the other four proposals in terms of the overall scoring. The two proposals which were lower priced that Tyler were either a) deficient in meeting the City’s needs for an ERP; b) did not offer the best technical solution; or c) did not have adequate experience implementing ERPs for cities.

The next phase of evaluation consisted of discovery and demonstration sessions with Tyler.

These sessions were conducted May through September of 2023 with the participation of the PITs, Evaluation Team, Project Management Team and GFOA. While the core ERP products of Tyler (Financials, HR, and PR) fully met or exceeded the RFP requirements, additional products or modules from Tyler and one more vendor (NEOGOV) were thought to be necessary as part of the new ERP system to fully meet the needs of the City effectively and economically. These additional products/modules are as follows:

1. Utility Billing: It was envisioned that the City would release a separate RFP for the UB needs, as it is a niche market and there are several non-ERP vendors who have solutions in this functional area. However, during the discovery sessions with Tyler, it emerged that the City’s interest would be best served by opting for the UB system from Tyler as it included the functionality the City requires and can seamlessly integrate with the other modules.

Continued demonstrations and discovery sessions were conducted for Tyler’s UB modules.

The UB modules demonstrated its capabilities and Tyler offered attractive pricing.

The UB staff are well acquainted with the existing UB modules of Eden. Continuation of the familiarity with the new UB modules from Tyler will assist in the migration process.

Considering this, various evaluating teams recommended procurement of the UB modules from Tyler, rather than release a separate RFP for this requirement. Prices offered by Tyler for the UB modules are substantially lower than the industry pricing for a stand-alone product in this category.

The financial impact of the UB module is $ 396,716.

2. Expansion of NEOGOV products for Human Resources: During the discovery and demonstration session of the HR and PR modules of the new ERP system, it emerged that the new ERP system had limited capabilities in areas of recruitment, onboarding, learning and performance management. To align the City Council Strategic Goal of Increasing efficiency of City operations and services through technology and streamlined processes, HR staff proposed a supplement to the ERP by expanding services offered through HR’s current applicant tracking system provider, NEOGOV, to integrate services with the new the ERP system. NEOGOV currently provides the City with interactive software for employee recruitment. This software application module enables the HR Department to provide efficient, high-quality services to prospective and current employees.

Integration between NEOGOV and the new ERP system will automate new hire on- boarding, employee records and forms, performance management, training and development, as well as enhance the security of employee data, expedite the timing of personnel transactions, notifications and approvals, and reduce reliance on the use of paper.
41 NEOGOV is a leading public sector cloud-based workforce platform, serving over 6,000 organizations with the popular GovernmentJobs.com website promoting over 1.5 million job matches. NEOGOV has grown its platforms significantly over its 23 years as a company.

The City has been utilizing NEOGOV’s applicant tracking software (Insight) for applicants to apply and track their status using their mobile or other computer devices.

NEOGOV’s applicant tracking module saves the City on advertising costs as the service integrates with social media and garners over 6 million page views per month and provides staff with over 39 million applicant profiles. Accordingly, HR staff has recommended procurement of following modules from NEOGOV to cater to the entire employee lifecycle management.
a. Insight: This is a recruitment module already being used by the City. b. Onboarding: This module transitions job candidates through paperless on-boarding processes that accelerate the hiring stage and enhance communication. c. Learning Management: This module increases the productivity, safety, and retention of the workforce by engaging them in training opportunities and monitoring the training.
d. Performance Management: This module enhances communication, identifies employee strengths, and establishes a sense of purpose while measuring competencies and goals, developing succession plans, and automating the employee evaluation/coaching and development process.
e. eForms: This is a document and workflow management module that helps to create online forms, manage records and documents, and build seamless workflows.

NEOGOV will integrate with the new ERP system to automate the manual payroll, time, and attendance processes, and allow employees to access payroll and benefits information at their convenience. Combining these systems will eliminate spreadsheets and current tedious manual routines, as well as automated processes, provide greater transparency, and reduce the risk of human error.

Staff proposes to execute a five-year contract with NEOGOV for the implementation of a comprehensive human resources and talent management platform to support the entire employee lifecycle.

The financial impact of the above stated NEOGOV modules is $430,211.

3. Additional Products: During the discovery and demonstration sessions of the new ERP system, Tyler demonstrated its products in the areas of:
a. Transparency: Tyler has a product called Open Finance which provides a transparent look at the City’s various revenue sources and types of expenses. Open Finance presents this data to the public in a highly interactive format using charts, graphs, and tables through the City’s website. Many cities, counties and other public agencies are using this product to enhance financial transparency.
b. Budget Publishing: Tyler’s PatternStream software automates the time-consuming process of publishing budget books by collecting data from the Financial system. The City currently uses third-party software (Budget Book Online) to accomplish this task.

City will be migrating over to PatternStream for Budget Publishing after the Financial system of the new ERP is implemented.
42 c. Staff Scheduling: Advanced Scheduling automates, streamlines, and simplifies staff scheduling for departments like Public Works, Recreation, and Police. The system makes sure that the appropriate staff are engaged in operational duties at the right time for the departments which operate in shift schedules. d. Interface between Accela and Cashiering module of new ERP: This interface will allow direct posting of fees collected through the Accela based Business License and Permitting modules to post the entries in the Cashiering module of new the ERP system.

The City’s Evaluation Team, PITs, and Project Management teams have gone through detailed demonstrations of the above products and recommend that the City procure products or services in these three areas. Tyler has submitted attractive pricing for these products as a part of the RFP response.

The financial impact of these Additional Products is $289,005.

The new ERP system will be implemented over a period of about 20 to 33 months in a phased manner, with overlapping phases, as detailed below:

Phase Description of activities Duration
I  Implementation of NEOGOV modules
 Implementation of Tyler Financial System 9-12 Months
II
 Implementation of Tyler Human Resources and
Payroll System
 Implementation of Tyler Utility Billing System
9-12 Months
III
 Implementation of Transparency and Budget
Publishing Systems
 Implementation of Advanced Scheduling System
6-9 Months
In addition to improving business processes and workflows, the new ERP System will significantly improve the efficiency and effectiveness of customer service. Additionally, the products and services being procured for the new ERP system will be cloud based. Cloud based software service offers several advantages to the City, which are listed below:

 Alignment with the City’s long-term goal of transitioning IT applications and system from the City’s local network to the cloud which will severely reduce the risk of cyber incidences.
 Eliminates IT staff resources from managing on-premises hardware and enables staff to support the City in other ways.
 Responsibility placed on the respective vendor to update the software and push out the latest security patches as they become available.
 Cloud ensures that all the applications and systems are running on redundant systems including software, hardware, and data storage, which reduces the City’s risk disasters or long-term power outages.

ATTACHMENTS: Resolution
Service Agreement with Tyler Technologies, Inc.

Service Agreement with NEOGOV
Report Prepared By: Jitendra Kaneria, Deputy Chief Information Systems Officer 43 BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the City Manager to Negotiate )
And Execute Software Services Agreements )
With 1) Tyler Technologies, Inc. for a New ) RESOLUTION NO. 24- Citywide Enterprise Resource Planning )
System; and 2) NEOGOV for a Supplemental )
Human Resources Cloud-Based Services )

WHEREAS, the City has been using Eden software to perform financial, human resource, procurement, payroll, and operational management for the past 15 years; and WHEREAS, the Eden software will become obsolete on March 1, 2027; and WHEREAS, staff has determined through an extensive request for proposal process that the Tyler Technologies, Inc. Munis Enterprise Resource Planning (ERP) system best meets the City’s financial, payroll and human resources management requirements; and WHEREAS, staff recommends supplemental modules for Human Resources to be provided by NEOGOV for integrated, cloud-based recruitment, development, and talent management; and
WHEREAS, staff is negotiating the terms of the proposed software services agreements with: 1) Tyler Technologies for implementation, licensing, and ongoing support of the Munis ERP System; and 2) NEOGOV for Cloud-Based recruitment, development, and talent management to include one-time services and licensing fees as well as annual support for an initial term of five (5) years; and
WHEREAS, the City proposes to execute contracts with Tyler Technologies, Inc. and NEOGOV to procure and implement the new ERP system by December 31, 2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to negotiate and execute contracts with Tyler Technologies, Inc for $3,288,481, NEOGOV for $430,211, and make contingency purchases, if needed, of $200,000 during the implementation phase, for a total project cost of $3,918,692.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of August 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________
Juan Antonio Banales, Mayor
ATTEST:
_______________________
44 Alice E. Evenson, City Clerk
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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 this Agreement, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement;

NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:

SECTION A – DEFINITIONS

 “Agreement” means this Software as a 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 the City of Pittsburg, 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 Documentation including Tyler’s responses to the Client Functional Requirements attached to this Agreement as Exhibit F, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
 “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary. “Concurrent users,” as that term is used in the Investment Summary, does not include those end users who use the Employee Access, Vendor Access, Resident Access or Notify Tyler Software.  “Deliverable” means the items identified in the Statement of Work and produced for the Client.  “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 46 2
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 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 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. Any Third Party SaaS Services will be governed by any applicable Third Party Terms.
 “Third Party Services” means the third party services, if any, identified in the Investment Summary.
 “Third Party Software” means the third party software, if any, identified in the Investment Summary.
 “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
 “Tyler” means Tyler Technologies, Inc., a Delaware corporation.  “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
 “we”, “us”, “our” and similar terms mean Tyler.
 “you” and similar terms mean Client.

SECTION B –SAAS SERVICES

1. Rights Granted.
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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 physical 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). Furthermore, your consultants, contractors, and business partners may access the Tyler Software, Documentation and Deliverables under your direction to the extent required for them to provide services to you. Any such use by, or disclosure to, said third parties is strictly subject to the terms and conditions of this Agreement.

To the extent that disclosure of the Tyler Software or Documentation is necessary to facilitate integration between any third party software and the Tyler Software, you will provide notice to Tyler of your intent to disclose the Tyler Software or Documentation and Tyler shall have a right to require any such third party to sign a nondisclosure agreement (“NDA”) with Tyler in the event an NDA is reasonably required for Tyler to protect its intellectual property rights in the Tyler Software and Documentation. You shall be liable for any failure of any third party to which you provide access to the Tyler Software or Documentation to abide by all applicable terms and conditions of this Agreement. The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(4). We will make any such software available to you for download.

2. SaaS Fees. You agree to pay us the SaaS Fees for the SaaS Services. 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) provided Tyler provides written notice to Client in advance of charging such additional fees.

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. To the extent any Deliverable is created by Tyler under this Agreement, Tyler shall grant a perpetual license for you to use, copy, modify, and create derivative works from said Deliverable for your reasonable business purposes. Such reasonable business purposes shall not include distribution or sale outside of your organization or that of your consultants, contractors, and business partners pursuant to Section B(4.1). Your rights to use the Deliverable are perpetual through the term of this Agreement but may be revoked if you do not comply with the terms of 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 48 4
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.

Notwithstanding the foregoing, it is expressly acknowledged that the Client is a governmental entity subject to the public records and open meetings laws of the State of California and nothing contained herein shall be construed as altering or prohibiting the Client from complying with such laws fully and in its sole and absolute discretion.

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 the duration of this Agreement. 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. Tyler will use reasonable efforts to provide advance notice of at least one (1) year if Tyler elects to change the provider of data centers used for the SaaS Services delivered to Client pursuant to this Agreement. Any data center hosting Client’s Data will be located in the United States.

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 1 hour 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 49 5
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 request. Tyler will use commercially reasonable efforts to address any deficiencies in its disaster recovery services revealed in the Client-specific test.

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/about- us/compliance, and in the event of any change in our status, will comply with applicable notice requirements.

7. License Rights Terminate Upon Migration. When Tyler makes Tyler Software identified in the Investment Summary (the “Evergreen Modules”) and licensed pursuant to this Agreement available to the Client for use in live production, the license to the Tyler software listed in Exhibit A, Schedule 1 (hereafter, “Migration Modules”) will be restricted to read-only access, and Tyler’s maintenance, support, and/or update obligations for such software terminates.

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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 based on the scope of the project as of the Effective Date and are payable in accordance with our Invoicing and Payment Policy attached as Exhibit B. We will bill you the actual fees incurred based on the in-scope services provided to you, up to the maximum amounts set forth in the Investment Summary. This not to exceed commitment is contingent on your timely meeting of your obligations under this Agreement.

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 Client requests modified services or additional work is required, we will provide you with an addendum or change order, as applicable, outlining the changes to any payment terms for the modified or additional work. The price quotes in the addendum or change order will be valid for ninety (90) days from the date of the quote.

For avoidance of doubt, no services beyond those listed in the Investment Summary will be added to the Agreement without mutual written consent of the parties.

4. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (b) any non-refundable or non- transferable travel expenses already incurred by us on your behalf. If your services are invoiced on a milestone basis, the applicable cancellation fee will be based on the rates used to price the services included in the milestones. Such additional travel costs shall be billed separately by Tyler and paid by the City through a change order. We will make all reasonable efforts to reassign personnel, including pursuing options for remote work, in the event you cancel within four (4) weeks of scheduled commitments.

5. Services Warranty. We warrant that we will (a) perform the services in a professional, workmanlike manner, consistent with industry standards; b) perform the services in a manner that complies with all applicable laws and regulations; c) staff the project with a sufficient number of resources with skills and resources to perform services in accordance with the requirements of this Agreement; and d) comply with applicable functional requirements in the Statement of Work or other plans or specifications approved by Tyler and the City in any approved Deliverables. 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 reasonable access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.

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

9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:

9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);

9.2 provide support during our established support hours;

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

9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and

9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.

We will use all reasonable efforts to perform support services remotely. Currently, we use a third- party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols.

If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. All travel expenses incurred pursuant to this Agreement will follow the Business Travel Policy. 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 52 8
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. For avoidance of doubt, no services beyond those listed in the Investment Summary will be added to the Agreement without mutual written consent of the parties.

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 continue 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.

11. Assignment and Removal of Personnel. After the Effective Date, and in coordination with the project kick-off activities identified in the Statement of Work, we will make our project staffing assignments. Upon request, we will provide you with project resumes, demonstrating relevant past project experience, for project team members that are allocated for onsite services on the project.

You agree that those resumes are for your information and planning purposes only.

Once our project team is assembled and your counterparts have been identified, both parties agree that, except for reasons outside of their control, they will not remove staff and personnel from their assigned project roles without reasonable advance notice and good cause, and that they will work together to mitigate project impacts after any such removal. The parties will also work together to manage the project impact resulting from the temporary unavailability of project staff from either party. We agree to use commercially reasonable efforts to maintain consistency of project personnel and commit to replacement resources having sufficient project knowledge, without additional cost to you, in order to render services in accordance with contractual requirements.

In the event our personnel is/are not providing services consistent with our services warranty or are otherwise negatively impacting the project, you will notify us of that deficiency and give us a reasonable opportunity to correct it. If the deficiency persists, we will replace that project member, upon written request and demonstration of good cause. Replacement staff will be assigned following the same processes set forth above and shall have reasonably sufficient experience and project knowledge to fulfill applicable obligations under the Agreement. The foregoing notwithstanding, if the replacement personnel is providing services onsite, you shall remain liable for travel expenses incurred by such personnel, to be invoiced in accordance with the Business Travel Policy.

12. Tyler Software Acceptance. The Client will use the following acceptance process for each Phase, as defined in the SOW: Client will have a maximum of a thirty (30) calendar day “Test Period” to test the System in a live production environment to test for, and to report, documented Defects and to ensure that all Services have been completed. If there are no Defects reported during the Test Period and Services have been completed, the Client shall issue “Acceptance.” Upon Acceptance of the last Phase of the project, Client shall also grant “Project Closure.” If Client reports a documented Defect during the Test Period, Client will notify Tyler in writing. Tyler will correct the Defect(s) or provide a mutually agreeable plan for future resolution of any Defect(s). A dispute with respect to the plan shall be addressed pursuant to the Dispute Resolution Process of this Agreement. Upon resolution of a Defect during the Test Period, Client may re-perform testing for a maximum of fifteen (15) calendar days. This procedure shall repeat until all Defects have either been resolved or 53 9
the Client and Tyler, reasonably cooperating, have developed a mutually agreeable schedule for Defect resolution, at which point the Client shall issue Project Closure.

SECTION D – THIRD PARTY PRODUCTS

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

2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.

3. Third Party Products Warranties.

3.1 We are authorized by each Developer to grant access to the Third Party Software.

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

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

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

SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES

1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).

2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within 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 invoice 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, after a written notice and cure period, to complete the items agreed to be done by you, then you will remit full payment of the invoice. While an invoice is in dispute in accordance with this Section, the parties agree to continue with the implementation of the remainder of the tasks contemplated in this Agreement and the Statement of Work while the parties resolve the dispute on that particular invoice(s), unless the nature of the 54 10
dispute dictates otherwise. Payment of an invoice(s) does not waive or eliminate the Client’s ability to contest the invoice or payment as set forth in this Agreement, or alter the parties’ rights and obligations relating to requirements and warranties set forth in this Agreement. 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 five (5) years, commencing on October 1, 2024, unless earlier terminated as set forth below. Upon expiration of the initial term, this Agreement will renew upon mutual agreement of the parties for additional one (1) year renewal terms. Client may indicate its agreement to renewal terms by timely payment of a Tyler invoice of annual fees for the applicable renewal term. Tyler shall communicate renewal pricing at least forty-five (45) 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 SaaS Fees that are otherwise not in dispute in accordance with Section E(2), we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.

2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).

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

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

2.5 For Convenience. Client may elect to terminate for convenience without payment of early termination fees if Actual Attainment, as defined in the SLA, is below 98.5% in three (3) or more months in any six (6) month period.
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2.6 Return of Data. In the event of termination of the Agreement for any reason, and upon reasonable advance notice, Tyler shall promptly make all Data available to Client in the format of the database or other such format as may be mutually agreed upon, provided through Tyler’s FTP server or such other secure method reasonably selected by Tyler. Such Data will be provided at no additional cost.

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 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, 56 12
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), ONE AND A HALF (1.5) TIMES THE 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. Before beginning any services under this Agreement, Tyler, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain such insurance throughout the term of this Agreement.
a. Workers’ Compensation. Tyler shall, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Tyler in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Tyler is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
b. Commercial General and Automobile Liability Insurance. i. General requirements. Tyler, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount of $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

An excess or umbrella liability policy may be used to meet the liability 57 13
requirements.
ii. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition), or equivalent, covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), or equivalent, covering any auto, or if Tyler has no owned autos, hired and non-owned autos.
iii. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

1. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.

2. City, its officers, officials, employees, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Tyler, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Tyler. Coverage can be provided in the form of an endorsement to the Tyler’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01 or blanket endorsement.

3. For any claims related to this Agreement or the work hereunder, the Consultant’s Commercial General Liability and Auto Liability insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and non-contributing.

4. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.

5. Tyler agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount. c. Professional Liability Insurance.
i. General requirements. Tyler, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement with a limit of $1,000,000 covering Tyler’s errors and omissions.
ii. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

1. The retroactive date of the policy must be before the date of the Agreement.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the Agreement or the work.
d. All Policies Requirements.
i. Submittal Requirements. Tyler shall submit the following to City prior to beginning services:

1. Certificate of Liability Insurance in the amounts specified in this Agreement; and

2. Blanket Additional Insured Endorsement as required for the General 58 14
Commercial and Automobile Liability Polices.
ii. Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII. iii. Waiver of Subrogation. Commercial General Liability and Auto Liability shall contain a waiver of subrogation in favor of the City, its officers, officials, employees, and volunteers.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Tyler, its employees, agents, and subcontractors.

iv. Subcontractors. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Tyler shall ensure that City, its officers, officials, employees, and volunteers are covered as additional insured on all coverages, with the exception of workers’ compensation and professional liability.

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 may participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.

During the pendency of a dispute between the parties pursuant to either Section E(2) or H(3) of this Agreement, Tyler will not interrupt or suspend or terminate the provision of Services to the Client or perform any action that prevents, impedes, or reduces in any way the provision of Services or the Client’s ability to conduct its activities, unless authority to do so is granted by the Client or conferred by a court of competent jurisdiction or the nature of the dispute makes progress of the Services infeasible. Client will also continue to perform under this Agreement during the pendency of a dispute between the parties pursuant to either Section E(2) or H(3) of this Agreement unless the 59 15
nature of the dispute makes performance infeasible.

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 and Equal Opportunity. Tyler shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Tyler under this Agreement.

Tyler shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Tyler thereby.

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. Tyler shall take necessary steps to ensure that applicable provisions of this Agreement are enforceable against subcontractors providing services required pursuant to this Agreement.

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, 60 16
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.

In the event that Tyler or any employee or agent of Tyler providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Tyler shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Tyler or its employees or agents, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Except as City may specify in writing, Tyler shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Tyler shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

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

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

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

Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law and any information, passcodes, or electronic keys necessary to access City facilities or systems or their security policies or processes. 61 17
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. Both parties will make reasonable efforts to identify confidential information with a label indicating that the information is confidential. 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. Tyler represents and warrants to City that Tyler and its employees and agents have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Tyler shall obtain and maintain during the term of this Agreement applicable business licenses from City.

20. Governing Law. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in Contra Costa County or in the United States District Court for the Northern District of California.

21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.

Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.

22. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights 62 18
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.

23. Records. Tyler shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for the greater of five (5) years from their date of creation, or for any longer period required by law. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying once per year during regular business hours, upon one-week advance written request of the City. Unless otherwise agreed, the location of the records will be the Tyler office servicing this Agreement. The audit will not include access to Tyler’s personnel records, or conditions of employment. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.

24. Conflict of Interest. Tyler may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Tyler in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Tyler shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

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

Exhibit A Investment Summary
Schedule 1: Migration Modules
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Exhibit E Statement of Work
Exhibit F Functional Requirements

26. ThinPrint and DocOrigin. The parties acknowledge that Tyler’s independent licenses for the third party software, ThinPrint and DocOrigin, are hereby extended to the Client for use with the Enterprise Forms Processing Software. The parties further acknowledge that any issue or dispute related primarily to the licensed Enterprise Forms Processing Software will be resolved in accordance with the terms of this Agreement, including but not limited to the software warranty set forth in Section B(5), and not the terms of the ThinPrint or DocOrigin End User License Agreements attached hereto as Exhibit D.
63 19
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 Pittsburg, California

By: By:

Name: Name:

Title: Title:

Date: Date:

Address for Notices: Address for Notices:

Tyler Technologies, Inc. City of Pittsburg
One Tyler Drive 65 Civic Ave.

Yarmouth, ME 04096 Pittsburg, CA 94565-3814
Attention: Chief Legal Officer Attention: City Manager

64 Exhibit A

1 Exhibit A
Investment Summary

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

Tyler sales quotation to be inserted prior to Agreement execution.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
65 2022-375999-D3Q6F0 Page 1
Quoted By: Jason Cloutier
Quote Expiration: 08/31/24
Quote Name: City of Pittsburg-ERP-EERP
Quote Description: EERP 7.8.24
Saas Term 5.00
Sales Quotation For: Shipping Address:

City of Pittsburg
65 Civic Ave
Pittsburg CA 94565-3814
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting 1 0 $ 47,279.00
Accounts Payable 1 0 $ 16,783.00
Assets Mobile 1 0 $ 3,014.00
Budgeting 1 0 $ 16,783.00
Capital Assets 1 0 $ 15,685.00
Cash Management 1 0 $ 11,714.00
Contract Management 1 0 $ 7,301.00
eProcurement (Vendor Access and Punch-Out) 1 0 $ 10,920.00 Project & Grant Accounting 1 0 $ 10,173.00
Purchasing 1 0 $ 28,615.00
Human Resources Management
Employee Expense Reimbursement 1 0 $ 6,087.00
Human Resources & Talent Management 1 0 $ 3,311.00
Payroll with Employee Access 1 0 $ 4,807.00
Time & Attendance w Mobile Access - Up to 350 Employees 1 0 $ 7,914.00 Exhibit A
66 2022-375999-D3Q6F0 Page 2
Revenue Management
Accounts Receivable 1 0 $ 12,782.00
Cashiering 1 0 $ 19,037.00
General Billing 1 0 $ 7,107.00
Resident Access 1 0 $ 12,480.00
Utility Billing CIS 1 0 $ 8,883.00
Utility Billing Meter Interface 1 0 $ 2,849.00
Content Management
Content Manager Core 1 0 $ 18,169.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights 1 0 $ 27,741.00 Additional
Enterprise Forms Processing Software (including Common Form Set) 1 0 $ 8,450.00 Notify includes 150,000 Msgs and 5,000 Mins per year 1 0 $ 4,000.00 Integrations
Cashiering API 1 0 $ 5,539.00
General Ledger API Toolkit 1 0 $ 3,610.00
SnapLogic - Up to 5 Integrations 1 0 $ 2,080.00
Sub-Total: $ 323,113.00
Less Discount: $ 33,172.00
TOTAL 0 $ 289,941.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Project Management w/Travel (Utility Billing) 14 $ 10,340.00 $ 0.00 $ 144,760.00 $ 0.00 Executive Insights Implementation 1 $ 10,500.00 $ 10,500.00 $ 0.00 $ 0.00 GL Detail History Conversion- Two Years 1 $ 35,000.00 $ 0.00 $ 35,000.00 $ 0.00 Implementation Services with 25% Travel 1 $ 1,026,602.00 $ 0.00 $ 1,026,602.00 $ 0.00 Project Ledger Detail History Conversion 1 $ 25,000.00 $ 0.00 $ 25,000.00 $ 0.00 Project Management w/Travel (Finance & HR Payrol) 20 $ 10,340.00 $ 0.00 $ 206,800.00 $ 0.00 Exhibit A
67 2022-375999-D3Q6F0 Page 3
Purchasing - Closed PO's 1 $ 4,000.00 $ 0.00 $ 4,000.00 $ 0.00 Conversions – See Detailed Breakdown Below $ 107,190.00 $ 0.00 TOTAL $ 1,549,352.00 $ 0.00
Payments
Use Case List Price Service % Min
Basis
Points Rate Cap POS Online IVR
Payments - Client Card Cost - Interchange Plus
Enterprise ERP
Enterprise ERP Payments General Billing 0.50% $ 0.50 X X X Enterprise ERP Payments Utility Billing 0.50% $ 0.50 X X X Payments - Other Fees
Enterprise ERP
Client eCheck Cost $ 1.95
eCheck Rejects $ 5.00
Credit Card Chargebacks $ 15.00
Client Card Cost - Interchange Plus Per card transaction with Visa, MasterCard, Discover, and American Express for all transactions on top of industry-driven rates for bank fees, card brand fees, interchange fees, dues, assessments, and other processing fees.

Enterprise ERP Payments IVR Cost - Additional $0.50 per transaction on top of Card and eCheck fee.

Client eCheck Cost Per electronic check transaction.
eCheck Rejects When an eCheck transaction comes back as declined (e.g bounced check) Credit Card Chargebacks If a card payer disputes a transaction at the card issuing bank (e.g. stolen card) 3rd Party Hardware, Software and Services
Description Qty Unit Price
Unit
Discount Total Price
Unit
Maint/SaaS
Unit
Maint/SaaS
Discount
Total
Maint/SaaS
Payments Lane 3000 Terminal Purchase 1 $ 419.00 $ 0.00 $ 419.00 $ 0.00 $ 0.00 $ 0.00 Payments PCI Service Fee (Per Device) 1 $ 0.00 $ 0.00 $ 0.00 $ 180.00 $ 180.00 $ 0.00 Exhibit A
68 2022-375999-D3Q6F0 Page 4
TOTAL $ 419.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 289,941.00
Total Tyler Services $ 1,549,352.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 419.00 $ 0.00 Summary Total $ 1,549,771.00 $ 289,941.00
Contract Total $ 2,999,476.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Accounting
AC - Actuals up to 3 years 4 $ 3,000.00 $ 3,960.00 $ 8,040.00 AC - Budgets up to 3 years 4 $ 3,000.00 $ 6,000.00 $ 6,000.00 AC Standard COA 1 $ 3,500.00 $ 1,750.00 $ 1,750.00
Accounts Payable
AP - Checks up to 5 years 2 $ 5,200.00 $ 5,200.00 $ 5,200.00 AP - Invoice up to 5 years 2 $ 6,500.00 $ 6,500.00 $ 6,500.00 AP Standard Master 1 $ 3,000.00 $ 1,500.00 $ 1,500.00
Capital Assets
CA Std Master 1 $ 4,500.00 $ 2,250.00 $ 2,250.00
Exhibit A
69 2022-375999-D3Q6F0 Page 5
Content Management
Content Manager Core - AC - Budgets 1 $ 1,800.00 $ 900.00 $ 900.00 Content Manager Core - AP - Checks 1 $ 1,800.00 $ 900.00 $ 900.00 Content Manager Core - AP Standard Master 1 $ 6,500.00 $ 3,250.00 $ 3,250.00 Content Manager Core - CA - History 1 $ 1,300.00 $ 650.00 $ 650.00 Content Manager Core - CA Standard - Master GL Accounts Purchase History 1 $ 2,600.00 $ 1,300.00 $ 1,300.00 Content Manager Core - GB - Bills 1 $ 3,000.00 $ 1,500.00 $ 1,500.00 Content Manager Core - GB Standard - CID 1 $ 1,300.00 $ 650.00 $ 650.00 Content Manager Core - Payroll - Certifications 1 $ 1,000.00 $ 500.00 $ 500.00 Content Manager Core - Payroll - Check History 1 $ 1,000.00 $ 500.00 $ 500.00 Content Manager Core - Payroll - Deductions 1 $ 1,400.00 $ 700.00 $ 700.00 Content Manager Core - Payroll - PM Action History 1 $ 1,000.00 $ 500.00 $ 500.00 Content Manager Core - Payroll - Position Control 1 $ 1,400.00 $ 700.00 $ 700.00 Content Manager Core - Payroll - Recruiting 1 $ 1,000.00 $ 500.00 $ 500.00 Content Manager Core - Payroll Standard - Employee Address 1 $ 7,000.00 $ 3,500.00 $ 3,500.00 Content Manager Core - Purchase Orders - Standard - Open POs 1 $ 3,600.00 $ 1,800.00 $ 1,800.00 Content Manager Core - Utility Billing - - Backflow 1 $ 1,000.00 $ 500.00 $ 500.00 Content Manager Core - Utility Billing - Standard - UB Account CIDs 1 $ 1,000.00 $ 500.00 $ 500.00 Content Manager Core - Work Order - Work Order Asset 1 $ 1,300.00 $ 650.00 $ 650.00 Contract Management
Contracts 1 $ 6,000.00 $ 3,000.00 $ 3,000.00
General Billing
GB - Bills up to 5 years 2 $ 5,500.00 $ 5,500.00 $ 5,500.00 GB - Recurring Invoices 1 $ 4,500.00 $ 2,250.00 $ 2,250.00 GB Std CID 1 $ 2,500.00 $ 1,250.00 $ 1,250.00
Payroll
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 2 $ 1,400.00 $ 1,400.00 $ 1,400.00 HR Human Resources - Position Control 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 2 $ 1,400.00 $ 0.00 $ 2,800.00 PR Payroll - Check History up to 5 years 2 $ 1,200.00 $ 1,200.00 $ 1,200.00 PR Payroll - Deductions 1 $ 1,800.00 $ 900.00 $ 900.00
Exhibit A
70 2022-375999-D3Q6F0 Page 6
PR Payroll - Earning/Deduction Hist up to 5 years 2 $ 2,500.00 $ 2,500.00 $ 2,500.00 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 4 $ 3,000.00 $ 6,000.00 $ 6,000.00 PG - Budgets up to 3 years 4 $ 3,000.00 $ 6,000.00 $ 6,000.00 PGA Standard 2 $ 3,500.00 $ 3,500.00 $ 3,500.00
Purchasing
Purchasing - Standard 1 $ 4,000.00 $ 2,000.00 $ 2,000.00 Utility Billing
Utility Billing - Backflow 1 $ 1,200.00 $ 600.00 $ 600.00 Utility Billing - Balance Forward AR 1 $ 5,600.00 $ 2,800.00 $ 2,800.00 Utility Billing - Budget Billing 1 $ 3,600.00 $ 1,800.00 $ 1,800.00 Utility Billing - Consumption History up to 5 years 1 $ 2,000.00 $ 1,000.00 $ 1,000.00 Utility Billing - Flat Inventory/Containers 1 $ 3,600.00 $ 1,800.00 $ 1,800.00 Utility Billing - Option 2 Assessments 1 $ 1,200.00 $ 600.00 $ 600.00 Utility Billing - Service Orders 1 $ 2,300.00 $ 1,150.00 $ 1,150.00 Utility Billing - Services 1 $ 3,600.00 $ 1,800.00 $ 1,800.00 Utility Billing - Standard 1 $ 4,100.00 $ 2,050.00 $ 2,050.00 TOTAL $ 107,190.00
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Human Resources Management
Advanced Scheduling w Mobile Access - Up to 100 Employees 1 0 $ 5,331.00 Recruiting 1 0 $ 762.00
Revenue Management
Business Licenses 1 0 $ 26,402.00
Civic Services
Exhibit A
71 2022-375999-D3Q6F0 Page 7
Business Management Suite 15 0 $ 27,555.00
Civic Access - Business Management 1 0 $ 18,309.00
Civic Access - Community Development 1 0 $ 18,309.00
Community Development Suite 30 0 $ 55,110.00
Decision Engine 1 0 $ 15,000.00
e-Reviews 1 0 $ 32,908.00
Enterprise Permitting & Licensing Advanced Automation Bundle 1 0 $ 2,606.00 Enterprise Permitting & Licensing Core Foundation Bundle 1 0 $ 3,368.00 Enterprise Permitting & Licensing Mobile 1 0 $ 612.00
Report Toolkit 1 0 $ 3,061.00
Document Management
Content Manager Enterprise Upgrade (Existing CL w/Tyler Content Manager Core) 1 0 $ 22,275.00
Data Insights
Open Finance 1 0 $ 19,760.00
Additional
ACFR Statement Builder 1 0 $ 12,576.00
GIS 45 0 $ 13,320.00
Notify Additional Block of 12,000 Messages Per Year 1 0 $ 300.00 Notify Additional Block of 5,000 Minutes Per Year 1 0 $ 300.00 Integrations
3rd Party Applicant Tracking API Connector 1 0 $ 2,866.00 TOTAL: 0 $ 280,730.00
Optional Professional Services
Description Quantity Unit Price Ext. Discount Extended Price Maintenance Advanced Scheduling w Mobile Access Implementation -
Billed as time and materials, not part of milestone
pricing 132 $ 200.00 $ 0.00 $ 26,400.00 $ 0.00
Install Fee - Open Finance 1 $ 7,000.00 $ 0.00 $ 7,000.00 $ 0.00 Exhibit A
72 2022-375999-D3Q6F0 Page 8
Tyler Cashiering and Accella Integration Development 1 $ 16,875.00 $ 3,375.00 $ 13,500.00 $ 3,038.00 Conversion – See Detailed Breakdown Below $ 57,650.00 $ 0.00 TOTAL $ 107,925.00 $ 3,038.00
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 96 $ 185.00 $ 0.00 $ 17,760.00 $ 0.00 $ 0.00 $ 0.00 Pattern Stream Automated Document System -
SaaS 1 $ 0.00 $ 0.00 $ 0.00 $ 27,360.00 $ 9,765.00 $ 17,595.00 TOTAL $ 17,760.00 $ 17,595.00
Optional Conversion Details (Prices Reflected Above)
Description Quantity Unit Price Discount Total
Business License
Business Licenses Opt 1 - Bills 1 $ 6,500.00 $ 0.00 $ 6,500.00 Business Licenses Std Master 1 $ 6,500.00 $ 0.00 $ 6,500.00 Conversions
Business Management 1 $ 14,100.00 $ 0.00 $ 14,100.00
Community Development 1 $ 30,550.00 $ 0.00 $ 30,550.00
TOTAL $ 57,650.00
Tyler Annual Discount Detail (Excludes Optional Products) Description Annual Fee
Annual Fee
Discount Annual Fee Net
Financial Management
Accounting $ 47,279.00 $ 0.00 $ 47,279.00
Accounts Payable $ 16,783.00 $ 4,196.00 $ 12,587.00
Exhibit A
73 2022-375999-D3Q6F0 Page 9
Assets Mobile $ 3,014.00 $ 0.00 $ 3,014.00
Budgeting $ 16,783.00 $ 4,196.00 $ 12,587.00
Capital Assets $ 15,685.00 $ 0.00 $ 15,685.00
Cash Management $ 11,714.00 $ 0.00 $ 11,714.00
Contract Management $ 7,301.00 $ 0.00 $ 7,301.00
eProcurement (Vendor Access and Punch-Out) $ 10,920.00 $ 0.00 $ 10,920.00 Project & Grant Accounting $ 10,173.00 $ 2,543.00 $ 7,630.00 Purchasing $ 28,615.00 $ 7,154.00 $ 21,461.00
Human Resources Management
Employee Expense Reimbursement $ 6,087.00 $ 0.00 $ 6,087.00 Human Resources & Talent Management $ 3,311.00 $ 828.00 $ 2,483.00 Payroll with Employee Access $ 4,807.00 $ 240.00 $ 4,567.00 Time & Attendance w Mobile Access - Up to 350 Employees $ 7,914.00 $ 0.00 $ 7,914.00 Revenue Management
Accounts Receivable $ 12,782.00 $ 3,196.00 $ 9,586.00
Cashiering $ 19,037.00 $ 5,711.00 $ 13,326.00
General Billing $ 7,107.00 $ 1,208.00 $ 5,899.00
Resident Access $ 12,480.00 $ 0.00 $ 12,480.00
Utility Billing CIS $ 8,883.00 $ 0.00 $ 8,883.00
Utility Billing Meter Interface $ 2,849.00 $ 0.00 $ 2,849.00 Content Management
Content Manager Core $ 18,169.00 $ 0.00 $ 18,169.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights $ 27,741.00 $ 3,900.00 $ 23,841.00 Additional
Enterprise Forms Processing Software (including Common
Form Set) $ 8,450.00 $ 0.00 $ 8,450.00
Notify includes 150,000 Msgs and 5,000 Mins per year $ 4,000.00 $ 0.00 $ 4,000.00 Integrations
Cashiering API $ 5,539.00 $ 0.00 $ 5,539.00
General Ledger API Toolkit $ 3,610.00 $ 0.00 $ 3,610.00 SnapLogic - Up to 5 Integrations $ 2,080.00 $ 0.00 $ 2,080.00 TOTAL $ 323,113.00 $ 33,172.00 $ 289,941.00
Exhibit A
74 2022-375999-D3Q6F0 Page 10
Comments
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.

Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.

Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.

Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.

In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.

The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.

Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.

Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the- Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.

As a new Tyler client, you are entitled to a 14-day or a 30-day trial of the Managed Detection and Response cybersecurity service. Please reference https://www.tylertech.com/services/tyler-detect for more information on the service and contact [email protected] to initiate the trial.

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.

Business Management: Tyler leads and owns the "Assess and Define" and "Configuration" of 1 unique business transactions, 1 template business transactions, 1 geo-rules and 1 automation events. Configuration elements beyond this will be omned by the client.

Exhibit A
75 2022-375999-D3Q6F0 Page 11
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 Core includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.

The SaaS fees for product that are not named users are based on 150 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.

Each API Toolkit or Connector comes with 8 free hours of API Development Consulting hours. Each API Bundle comes with 16 free API Development Consulting hours. Additional hours can be purchased beyond this standard offering.

Your payment of the annual subscription or SaaS fee for Tyler Notify will include an identified amount of messages and/or minutes annually.

Additional messages and/or minutes may be purchased from Tyler in defined packages at our then-current rates. Tyler Notify will not restrict use of messages and/or minutes that exceed the allotted messages but reserves the right to invoice you for documented overages occurring during the annual term. Any unused messages or minutes remaining at the end of your annual subscription term expire.

Utility billing library includes: standard Utility bill, standard UB receipt, standard UB delinquent notice, standard door hanger and standard final utility bill.

Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights SaaS Services, or certain Tyler solutions which include Tyler’s Data & Insights data platform, are subject to the Terms of Services, available at https://www.tylertech.com/terms/data-insights-saas-services- terms-of-service. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.

Business license library includes: standard business license and standard renewal application.

Fees for year one of hardware maintenance are invoiced upon delivery of the hardware, with subsequent years’ fees billed annually, in advance.

Your use of Payments and any related items included on this order is subject to the terms found at: https://www.tylertech.com/terms/payment- card-processing-agreement. By signing this order or the agreement in which it is included, you agree you have read, understand, and agree to such terms. Please see attached Payments fee schedule.

In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non-Tyler applications, Client must purchase or upgrade to Content Manager Enterprise Edition.

Exhibit A
76 2022-375999-D3Q6F0 Page 12
Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 1099INT, 1099S, 1099NEC and 1099G.

General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.

Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.

Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.

Exhibit A
77 Exhibit A
Schedule 1

1 Exhibit A
Schedule 1
Migration Modules

Cashiering
Accounts Payable
Accounts Receivable
Budget Preparation
Fixed Assets
General Ledger
HR Web Extension
Human Resources
LI Web Extension
Parcel Manager
Payments
Payroll
Permits/Inspections
Position Budgeting
Project Accounting
Purchasing
Requisitioning
UB Web Extension
Utility Billing
Tyler Notify
Tyler Notify IVR Plan (25,000 Minutes)
Tyler Notify SMS Text Plan (25,000 Messages)

78 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.

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 and payments due under the initial term of this Agreement are defined below.

Payment Period Amount
Year 1 10/1/2024 – 9/30/2025 $289,941.00
Year 2 10/1/2025 – 9/30/2026 $289,941.00
Year 3 10/1/2026 – 9/30/2027 $289,941.00
Year 4 10/1/2027 – 9/30/2028 $289,941.00
Year 5 10/1/2028 – 9/30/2029 $289,941.00
Total $1,449,705.00

Implementation and Other Professional Services (including training): Tyler will invoice Client for implementation services on a milestone basis. Tyler will invoice Client for the milestone amount set forth below upon completion and acceptance of the associated services in accordance with the Agreement and/or SOW:

Payment
# Phase Milestone ID Description Milestone w/Travel
I-1 1 1.1 Initiate and Plan Stage Acceptance $ 78,969.00 I-2 1 1.2 Chart of Accounts Design Acceptance $ 118,454.00 I-3 1 1.3 Assess & Define Stage Acceptance $ 138,196.00 I-4 1 1.4 Prepare Solution Stage Acceptance $ 157,938.00 I-5 1 1.5 Production Readiness Stage Acceptance $ 98,711.00 I-6 1 1.6 Production Stage Acceptance $ 118,454.00 79 Exhibit B

2 I-7 1 1.7 Close Stage Acceptance $ 78,969.00

I-8 2 2.1 Initiate and Plan Stage Acceptance $ 15,794.00 I-9 2 2.2 Assess & Define Stage Acceptance $ 31,588.00 I-10 2 2.3 Prepare Solution Stage Acceptance $ 39,485.00 I-11 2 2.4 Production Readiness Stage Acceptance $ 39,485.00 I-12 2 2.5 Production Stage Acceptance $ 15,794.00 I-13 2 2.6 Close Stage Acceptance $ 15,794.00 I-14 3 3.1 Initiate and Plan Stage Acceptance $ 7,897.00 I-15 3 3.2 Assess and Define Stage Acceptance $ 15,794.00 I-16 3 3.3 Prepare Solution Stage Acceptance $ 19,743.00 I-17 3 3.4 Production Readiness Stage Acceptance $ 19,743.00 I-18 3 3.5 Production Stage Acceptance $ 7,897.00 I-19 3 3.6 Close Stage Acceptance $ 7,897.00 Total
$ 1,026,602.00

Conversions. Fixed-fee conversions are invoiced 50% upon initial delivery of the converted, by conversion option, and 50% upon Client acceptance to load the converted Data into the Live/Production environment, by conversion option. The fixed-fee conversions in scope as of the Effective Date, and their associated cost, are as set forth in the following table:

Payment
Number
Milestone Conversion Cost
C-1 Initial delivery of the
converted Data
AC - Actuals up to 10 years $4,020.00
C-2 Client acceptance to load the
converted Data into the
Live/Production environment
AC - Actuals up to 10 years $4,020.00
C-3 Initial delivery of the
converted Data
AC - Budgets up to 10 years $3,000.00
C-4 Client acceptance to load the
converted Data into the
Live/Production environment
AC - Budgets up to 10 years $3,000.00
C-5 Initial delivery of the
converted Data
AC Standard COA $875.00
C-6 Client acceptance to load the
converted Data into the
Live/Production environment
AC Standard COA $875.00
80 Exhibit B

3 C-7 Initial delivery of the
converted Data
AP - Checks up to 10 years $2,600.00
C-8 Client acceptance to load the
converted Data into the
Live/Production environment
AP - Checks up to 10 years $2,600.00
C-9 Initial delivery of the
converted Data
AP - Invoice up to 10 years $3,250.00
C-10 Client acceptance to load the
converted Data into the
Live/Production environment
AP - Invoice up to 10 years $3,250.00
C-11 Initial delivery of the
converted Data
AP Standard Master $750.00
C-12 Client acceptance to load the
converted Data into the
Live/Production environment
AP Standard Master $750.00
C-13 Initial delivery of the
converted Data
CA Std Master $1,125.00
C-14 Client acceptance to load the
converted Data into the
Live/Production environment
CA Std Master $1,125.00
C-15 Initial delivery of the
converted Data
Content Manager Core - AC -
BudgetsContent Manager Core
- AC - Budgets
$450.00
C-16 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core - AC -
Budgets
$450.00
C-17 Initial delivery of the
converted Data
Content Manager Core - AP -
Checks
$450.00
C-18 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core - AP -
Checks
$450.00
C-19 Initial delivery of the
converted Data
Content Manager Core - AP
Standard Master
$1,625.00
C-20 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core - AP
Standard Master
$1,625.00
C-21 Initial delivery of the
converted Data
Content Manager Core - CA -
History
$325.00
C-22 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core - CA -
History
$325.00
C-23 Initial delivery of the
converted Data
Content Manager Core - CA
Standard - Master GL Accounts
Purchase History
$650.00
C-24 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core - CA
Standard - Master GL Accounts
Purchase History
$650.00
81 Exhibit B

4 C-25 Initial delivery of the
converted Data
Content Manager Core - GB -
Bills
$750.00
C-26 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core - GB -
Bills
$750.00
C-27 Initial delivery of the
converted Data
Content Manager Core - GB
Standard - CID
$325.00
C-28 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core - GB
Standard - CID
$325.00
C-29 Initial delivery of the
converted Data
Content Manager Core -
Payroll - Certifications
$250.00
C-30 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core -
Payroll - Certifications
$250.00
C-31 Initial delivery of the
converted Data
Content Manager Core -
Payroll - Check History
$250.00
C-32 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core -
Payroll - Check History
$250.00
C-33 Initial delivery of the
converted Data
Content Manager Core -
Payroll - Deductions
$350.00
C-34 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core -
Payroll - Deductions
$350.00
C-35 Initial delivery of the
converted Data
Content Manager Core -
Payroll - PM Action History
$250.00
C-36 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core -
Payroll - PM Action History
$250.00
C-37 Initial delivery of the
converted Data
Content Manager Core -
Payroll - Position Control
$350.00
C-38 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core -
Payroll - Position Control
$350.00
C-39 Initial delivery of the
converted Data
Content Manager Core -
Payroll - Recruiting
$250.00
C-40 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core -
Payroll - Recruiting
$250.00
C-41 Initial delivery of the
converted Data
Content Manager Core -
Payroll Standard - Employee
Address
$1,750.00
C-42 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core -
Payroll Standard - Employee
Address
$1,750.00
C-43 Initial delivery of the Content Manager Core - $900.00 82 Exhibit B

5 converted Data Purchase Orders - Standard -
Open POs
C-44 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core -
Purchase Orders - Standard -
Open POs
$900.00
C-45 Initial delivery of the
converted Data
Content Manager Core - Utility
Billing - - Backflow
$250.00
C-46 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core - Utility
Billing - - Backflow
$250.00
C-47 Initial delivery of the
converted Data
Content Manager Core - Utility
Billing - Standard - UB Account
CIDs
$250.00
C-48 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core - Utility
Billing - Standard - UB Account
CIDs
$250.00
C-49 Initial delivery of the
converted Data
Content Manager Core - Work
Order - Work Order Asset
$325.00
C-50 Client acceptance to load the
converted Data into the
Live/Production environment
Content Manager Core - Work
Order - Work Order Asset
$325.00
C-51 Initial delivery of the
converted Data
Contracts $1,500.00
C-52 Client acceptance to load the
converted Data into the
Live/Production environment
Contracts $1,500.00
C-53 Initial delivery of the
converted Data
GB - Bills up to 10 years $2,750.00
C-54 Client acceptance to load the
converted Data into the
Live/Production environment
GB - Bills up to 10 years $2,750.00
C-55 Initial delivery of the
converted Data
GB - Recurring Invoices $1,125.00
C-56 Client acceptance to load the
converted Data into the
Live/Production environment
GB - Recurring Invoices $1,125.00
C-57 Initial delivery of the
converted Data
GB Std CID $625.00
C-58 Client acceptance to load the
converted Data into the
Live/Production environment
GB Std CID $625.00
C-59 Initial delivery of the
converted Data
HR Human Resources -
Certifications
$350.00
C-60 Client acceptance to load the
converted Data into the
Live/Production environment
HR Human Resources -
Certifications
$350.00
C-61 Initial delivery of the HR Human Resources - $350.00 83 Exhibit B

6 converted Data Education
C-62 Client acceptance to load the
converted Data into the
Live/Production environment
HR Human Resources -
Education
$350.00
C-63 Initial delivery of the
converted Data
HR Human Resources - PM
Action History up to 10 years
$700.00
C-64 Client acceptance to load the
converted Data into the
Live/Production environment
HR Human Resources - PM
Action History up to 10 years
$700.00
C-65 Initial delivery of the
converted Data
HR Human Resources -
Position Control
$350.00
C-66 Client acceptance to load the
converted Data into the
Live/Production environment
HR Human Resources -
Position Control
$350.00
C-67 Initial delivery of the
converted Data
PR Payroll - Accrual Balances $375.00
C-68 Client acceptance to load the
converted Data into the
Live/Production environment
PR Payroll - Accrual Balances $375.00
C-69 Initial delivery of the
converted Data
PR Payroll - Accumulators up
to 10 years
$1,400.00
C-70 Client acceptance to load the
converted Data into the
Live/Production environment
PR Payroll - Accumulators up
to 10 years
$1,400.00
C-71 Initial delivery of the
converted Data
PR Payroll - Check History up
to 10 years
$600.00
C-72 Client acceptance to load the
converted Data into the
Live/Production environment
PR Payroll - Check History up
to 10 years
$600.00
C-73 Initial delivery of the
converted Data
PR Payroll - Deductions $450.00
C-74 Client acceptance to load the
converted Data into the
Live/Production environment
PR Payroll - Deductions $450.00
C-75 Initial delivery of the
converted Data
PR Payroll - Earning/Deduction
Hist up to 10 years
$1,250.00
C-76 Client acceptance to load the
converted Data into the
Live/Production environment
PR Payroll - Earning/Deduction
Hist up to 10 years
$1,250.00
C-77 Initial delivery of the
converted Data
PR Payroll - Standard $500.00
C-78 Client acceptance to load the
converted Data into the
Live/Production environment
PR Payroll - Standard $500.00
C-79 Initial delivery of the
converted Data
PR Payroll - State Retirement
Tables
$350.00
C-80 Client acceptance to load the PR Payroll - State Retirement $350.00 84 Exhibit B

7 converted Data into the
Live/Production environment
Tables
C-81 Initial delivery of the
converted Data
PG - Actuals up to 10 years $3,000.00
C-82 Client acceptance to load the
converted Data into the
Live/Production environment
PG - Actuals up to 10 years $3,000.00
C-83 Initial delivery of the
converted Data
PG - Budgets up to 10 years $3,000.00
C-84 Client acceptance to load the
converted Data into the
Live/Production environment
PG - Budgets up to 10 years $3,000.00
C-85 Initial delivery of the
converted Data
PGA Standard $1,750.00
C-86 Client acceptance to load the
converted Data into the
Live/Production environment
PGA Standard $1,750.00
C-87 Initial delivery of the
converted Data
Purchasing - Standard $1,000.00
C-88 Client acceptance to load the
converted Data into the
Live/Production environment
Purchasing - Standard $1,000.00
C-89 Initial delivery of the
converted Data
Utility Billing - Backflow $300.00
C-90 Client acceptance to load the
converted Data into the
Live/Production environment
Utility Billing - Backflow $300.00
C-91 Initial delivery of the
converted Data
Utility Billing - Balance
Forward AR
$1,400.00
C-92 Client acceptance to load the
converted Data into the
Live/Production environment
Utility Billing - Balance
Forward AR
$1,400.00
C-93 Initial delivery of the
converted Data
Utility Billing - Budget Billing $900.00
C-94 Client acceptance to load the
converted Data into the
Live/Production environment
Utility Billing - Budget Billing $900.00
C-95 Initial delivery of the
converted Data
Utility Billing - Consumption
History up to 10 years
$500.00
C-96 Client acceptance to load the
converted Data into the
Live/Production environment
Utility Billing - Consumption
History up to 10 years
$500.00
C-97 Initial delivery of the
converted Data
Utility Billing - Flat
Inventory/Containers
$900.00
C-98 Client acceptance to load the
converted Data into the
Live/Production environment
Utility Billing - Flat
Inventory/Containers
$900.00
85 Exhibit B

8 C-99 Initial delivery of the
converted Data
Utility Billing - Option 2
Assessments
$300.00
C-100 Client acceptance to load the
converted Data into the
Live/Production environment
Utility Billing - Option 2
Assessments
$300.00
C-101 Initial delivery of the
converted Data
Utility Billing - Service Orders $575.00
C-102 Client acceptance to load the
converted Data into the
Live/Production environment
Utility Billing - Service Orders $575.00
C-103 Initial delivery of the
converted Data
Utility Billing - Services $900.00
C-104 Client acceptance to load the
converted Data into the
Live/Production environment
Utility Billing - Services $900.00
C-105 Initial delivery of the
converted Data
Utility Billing - Standard $1,025.00
C-106 Client acceptance to load the
converted Data into the
Live/Production environment
Utility Billing - Standard $1,025.00
C-107 Initial delivery of the
converted Data
GL Detail History Conversion-
Two Years
$17,500.00
C-108 Client acceptance to load the
converted Data into the
Live/Production environment
GL Detail History Conversion-
Two Years
$17,500.00
C-109 Initial delivery of the
converted Data
Project Ledger Detail History
Conversion – Two years
$12,500.00
C-110 Client acceptance to load the
converted Data into the
Live/Production environment
Project Ledger Detail History
Conversion – Two Years
$12,500.00
C-111 Initial delivery of the
converted Data
Purchasing - Closed PO's $2,000.00
C-112 Client acceptance to load the
converted Data into the
Live/Production environment
Purchasing - Closed PO's $2,000.00
Total $171,190.00

Project Management: Dedicated project management services are billed monthly, in arrears, beginning on the first day of the month immediately following initiation of project planning. The dedicated project management services in scope as of the Effective Date are as set forth in the following table:

Payment
Number
Services
Month
PM Services Payment Amount
PM-1 1 PM Services (Finance and HR Payroll) $10,340.00
PM-2 2 PM Services (Finance and HR Payroll) $10,340.00
86 Exhibit B

9 PM-3 3 PM Services (Finance and HR Payroll) $10,340.00 PM-4 4 PM Services (Finance and HR Payroll) $10,340.00
PM-5 5 PM Services (Finance and HR Payroll) $10,340.00
PM-6 6 PM Services (Finance and HR Payroll) $10,340.00
PM-7 7 PM Services (Finance and HR Payroll) $10,340.00
PM-8 8 PM Services (Finance and HR Payroll) $10,340.00
PM-9 9 PM Services (Finance and HR Payroll) $10,340.00
PM-10 10 PM Services (Finance and HR Payroll) $10,340.00 PM-11 11 PM Services (Finance and HR Payroll) $10,340.00 PM-12 12 PM Services (Finance and HR Payroll) $10,340.00 PM-13 13 PM Services (Finance and HR Payroll) $10,340.00 PM-14 14 PM Services (Finance and HR Payroll) $10,340.00 PM-15 15 PM Services (Finance and HR Payroll) $10,340.00 PM-16 16 PM Services (Finance and HR Payroll) $10,340.00 PM-17 17 PM Services (Finance and HR Payroll) $10,340.00 PM-18 18 PM Services (Finance and HR Payroll) $10,340.00 PM-19 19 PM Services (Finance and HR Payroll) $10,340.00 PM-20 20 PM Services (Finance and HR Payroll) $10,340.00 PM-21 21 PM Services (Utility Billing) $10,340.00
PM-22 22 PM Services (Utility Billing) $10,340.00
PM-23 23 PM Services (Utility Billing) $10,340.00
PM-24 24 PM Services (Utility Billing) $10,340.00
PM-25 25 PM Services (Utility Billing) $10,340.00
PM-26 26 PM Services (Utility Billing) $10,340.00
PM-27 27 PM Services (Utility Billing) $10,340.00
PM-28 28 PM Services (Utility Billing) $10,340.00
PM-29 29 PM Services (Utility Billing) $10,340.00
PM-30 30 PM Services (Utility Billing) $10,340.00
PM-31 31 PM Services (Utility Billing) $10,340.00
PM-32 32 PM Services (Utility Billing) $10,340.00
PM-33 33 PM Services (Utility Billing) $10,340.00
PM-34 34 PM Services (Utility Billing) $10,340.00
Total $351,560.00

Expenses. The service rates in the Investment Summary and above include travel expenses. Travel expenses for Tyler delivered services will be billed as incurred in accordance with the Business Travel Policy attached hereto as Exhibit B, Schedule 1.

Third Party Hardware. Third Party Hardware costs are invoiced upon delivery. The Third-Party Hardware costs in scope as of the Effective Date, and their associated cost are set forth below:

Payment # Hardware Quantity Unit Price Total Price
H-1 Payments Lane 3000 Terminal 1 $419.00 $419.00
87 Exhibit B

10 Total

$419.00

Third Party Hardware Maintenance. The first-year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof. Year 1 maintenance fee discounted 100%.

Payment # Hardware Maintenance Quantity Unit Price Total Price HM-1 Payments PCI Service Fee(per device) 1 $180.00 $0.00 Total 1

$0.00

CONTRACT TOTAL: $2,999,476.00

Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].
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. All other support services are documented in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. . All other support services are documented in the Support Call Process.

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

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

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

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

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

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

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

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

III. Service Availability

a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
93 Exhibit C

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

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

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

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

Client Relief Schedule
Actual Attainment Client Relief

99.99% - 99.70% Remedial action will be taken

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

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

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

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

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

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

Support Resources

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

Support Availability

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

New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day

For support teams that provide after-hours service, we will provide you with procedures for contacting support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of 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 Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.

Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need

Incident Escalation

If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.

Remote Support Tool

Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. 97 Exhibit D

1 Exhibit D
Third Party Terms

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

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

Twilio Acceptable Use Policy. Your use of the Tyler solutions listed below includes functionality provided by a Third Party Developer, Twilio. Your rights, and the rights of any of your end users, to use said functionality are subject to the terms of the Twilio Acceptable Use Policy, available at http://www.twilio.com/legal/aup. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any such Tyler solution, you certify that you have reviewed, understand and agree to said terms. Tyler hereby disclaims any and all liability related to your or your end user’s failure to abide by the terms of the Twilio Acceptable Use Policy. Any liability for failure to abide by said terms shall rest solely with the person or entity whose conduct violated said terms.  Electronic Warrants
 Online Dispute Resolution
 Enterprise Justice Notifications Add On (text notifications)  Absence & Substitute
 Notify
 Enterprise Jury Manager
 Enterprise Supervision
 Virtual Court

98 Exhibit E

1 Exhibit E
Statement of Work

Statement of Work, if applicable, to be inserted prior to Agreement execution.

99 City of Pittsburg, CA
SOW from Tyler Technologies, Inc.
7/16/2024
65 Civic Avenue
Pittsburg, CA 94565
Contact:

Rich Boven
Email: [email protected]
1 Tyler Drive, Yarmouth, Maine 04096
Exhibit E
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Table of Contents
PART 1: EXECUTIVE SUMMARY ............................................................................................................... 1 Project Overview ............................................................................................................................. 1 Introduction ........................................................................................................................................ 1 Project Goals ....................................................................................................................................... 1 Methodology ....................................................................................................................................... 1 Project Scope ...................................................................................................................................... 3 PART 2: PROJECT FOUNDATION ............................................................................................................. 5 Project Governance ......................................................................................................................... 5 Project Governance Roles and Responsibilities .................................................................................. 6 Tyler Executive Sponsor .............................................................................................................. 6 Tyler Implementation Manager .................................................................................................. 6 Tyler Project Manager ................................................................................................................. 6 Pittsburg Executive Sponsor ....................................................................................................... 8 Pittsburg Steering Committee..................................................................................................... 8 Pittsburg Project Manager .......................................................................................................... 9 Project Scope Control ..................................................................................................................... 10 Managing Scope and Project Change ............................................................................................... 10 Change Control ................................................................................................................................. 11 Change Request Management .......................................................................................................... 11 Acceptance Process ........................................................................................................................ 13 Deliverable Listing ............................................................................................................................. 13 Other Roles and Responsibilities ..................................................................................................... 14 Tyler Roles & Responsibilities ........................................................................................................... 14 Tyler Implementation Consultant ............................................................................................. 14 Tyler Sales ................................................................................................................................. 14 Tyler Technical Services ............................................................................................................ 15 Tyler API Services ...................................................................................................................... 15 Pittsburg Roles & Responsibilities ..................................................................................................... 15 Pittsburg Functional Leads ........................................................................................................ 15 Pittsburg Power Users ............................................................................................................... 16 Pittsburg End Users ................................................................................................................... 16 Pittsburg Technical Lead ........................................................................................................... 16 Pittsburg Change Management Lead ........................................................................................ 17 PART 3: PROJECT PLAN ........................................................................................................................... 18 Project Stages ................................................................................................................................. 18 Exhibit E
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Initiate and Plan ................................................................................................................................ 19 Initial Coordination ................................................................................................................... 19 Project/Phase Planning ............................................................................................................. 20 Infrastructure Planning ............................................................................................................. 21 Stakeholder Meeting ................................................................................................................. 22 Intentionally left blank. ............................................................................................................. 23 Control Point 1: Initiate & Plan Stage Acceptance .................................................................... 23 Assess & Define ................................................................................................................................. 23 Solution Orientation.................................................................................................................. 23 Current & Future State Analysis ................................................................................................ 24 Data Assessment ....................................................................................................................... 25 Conversion Assessment ............................................................................................................ 26 Intentionally left blank. ............................................................................................................. 27 Intentionally left blank. ............................................................................................................. 27 Control Point 2: Assess & Define Stage Acceptance ................................................................. 27 Prepare Solution ............................................................................................................................... 28 Initial System Deployment ........................................................................................................ 28 Configuration ............................................................................................................................ 29 Process Refinement .................................................................................................................. 30 Conversion Delivery .................................................................................................................. 31 Intentionally left blank. ............................................................................................................. 33 Intentionally left blank. ............................................................................................................. 33 Control Point 3: Prepare Solution Stage Acceptance ................................................................ 33 Production Readiness ....................................................................................................................... 33 Solution Validation .................................................................................................................... 34 Go-Live Readiness ..................................................................................................................... 34 End User Training ...................................................................................................................... 35 Control Point 4: Production Readiness Stage Acceptance .................................................... 3637 Production ......................................................................................................................................... 37 Go-Live ...................................................................................................................................... 37 Transition to Client Services ...................................................................................................... 38 Post Go-Live Activities ............................................................................................................... 39 Control Point 5: Production Stage Acceptance ......................................................................... 40 Close .................................................................................................................................................. 40 Phase Closeout .......................................................................................................................... 40 Project Closeout ........................................................................................................................ 41 Control Point 6: Close Stage Acceptance .................................................................................. 42 General Assumptions ...................................................................................................................... 43 Project ............................................................................................................................................... 43 Organizational Change Management ............................................................................................... 43 Resources and Scheduling ................................................................................................................ 43 Data ................................................................................................................................................... 44 Facilities............................................................................................................................................. 44 Requirements Traceability Matrix (RTM) .......................................................................................... 45 Exhibit E
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Glossary ......................................................................................................................................... 46 PART 4: APPENDICES ............................................................................................................................... 49 Conversion ..................................................................................................................................... 49 Content Manager Conversion Summary ........................................................................................... 49 Content Manager – Standard .................................................................................................... 49 Accounting ................................................................................................................................ 49 Accounting - Budgets ................................................................................................................ 49 Accounts Payable ...................................................................................................................... 49 Accounts Payable - Checks ........................................................................................................ 49 Accounts Payable - Invoices ...................................................................................................... 49 Capital Assets Master ................................................................................................................ 49 Contracts ................................................................................................................................... 50 General Billing ........................................................................................................................... 50 General Billing – Bills ................................................................................................................. 50 General Billing – Recurring Invoices .......................................................................................... 50 Human Resources Management ............................................................................................... 50 Payroll - Deductions .................................................................................................................. 50 Payroll – Accrual Balances......................................................................................................... 50 Payroll – Accumulators ............................................................................................................. 50 Payroll – Check History ............................................................................................................. 51 Payroll – Earning/Deduction Hist. ............................................................................................. 51 Payroll – Recruiting ................................................................................................................... 51 Payroll – PM Action History ...................................................................................................... 51 Payroll – Position Control .......................................................................................................... 51 Payroll – State Retirement Tables ............................................................................................. 51 Payroll – Certifications .............................................................................................................. 51 Payroll – Education ................................................................................................................... 51 Project Accounting .................................................................................................................... 51 Project Grant Accounting - Actuals ........................................................................................... 51 Project Grant Accounting – Budget .......................................................................................... 52 Purchase Orders ........................................................................................................................ 52 Utility Billing .............................................................................................................................. 52 Utility Billing –Services .............................................................................................................. 52 Utility Billing –Assessments ...................................................................................................... 52 Utility Billing –Consumption History ......................................................................................... 52 Utility Billing –Balance Forward AR ........................................................................................... 52 Utility Billing – Work Orders ..................................................................................................... 52 Utility Billing –Backflow............................................................................................................. 53 Utility Billing –Budget Billing ..................................................................................................... 53 Utility Billing –Flat Inventory/Containers .................................................................................. 53 Additional Appendices ................................................................................................................ 54 Deliverable Expectation Document .................................................................................................. 54 Enterprise ERP Standard 3rd Party Data Exchange & Application Programming Interfaces ............ 64 Exhibit E
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Planning ..................................................................................................................................... 64 Validation .................................................................................................................................. 65 Intentionally left blank. ................................................................................................................. 6667 Project Timeline ...................................................................................................................... 6768 ERP Project Timeline ..................................................................................................................... 6768

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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 Client (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
 Implement functional requirements as responded by Tyler Methodology
This is accomplished by Pittsburg 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 Client’s complexity and organizational needs.

Exhibit E
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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 Client and Tyler commit to including the necessary leadership and governance. During each stage of the Project, it is expected that the Pittsburg 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 Client’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.

Exhibit E
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Project Scope
The project scope is comprised of the following modules, data conversions, interfaces, reports, workflows, and deliverables defined in this SOW plus any related professional services described throughout this SOW.

Software Modules
The scope of modules included in this project includes the Tyler and Third party software products listed in the investment summary (Exhibit X) to the Agreement and any products necessary to meet any of the agreed upon functional requirements (Exhibit F to the Agreement).

Project Schedule and Functional Scope
Implementation for the following functional areas and each of the modules related to the functional areas has been divided into the phases listed in Section 11 of this Statement of Work. Each phase will include all requirements as indicated in Exhibit F - Functional Requirements.

Data Conversion Scope
The scope of data conversion includes all that are listed in Section 9 of this Statement of Work.

Workflows
All of the available workflow functionality in the licensed modules shall be considered as in scope. Tyler consultants will work the Pittsburg’s project team to help identify, configure, and train on included workflow processes including preparation of the System Design Document (DED-04).

Reports / Forms
Tyler will provide training on standard reports and reporting tools such as Tyler Hub, Excel data cubes and Munis reports. Tyler will provide training on the SSRS report writer tool to educate Pittsburg technical users how to develop custom reports. Custom reports are written by Pittsburg staff unless contracted by Tyler.

Tyler will provide a quote and delivery timeframe for the custom report upon request.

Tyler ReadyForms includes standard configurable outputs for the following in-scope forms libraries:

Financials, Payroll, Personnel Actions and General Billing. Included forms are listed in the comments section of the investment summary in the Agreement. Tyler will provide a quote for a custom form if deviations from the standard configurable formats are required.

Project Management
Tyler will provide project management services to guide and facilitate the project and all services identified in this SOW, including identifying risks and issues, initiating project communications, and managing the overall project plan and schedule. Project management services are listed in Section 2 of this SOW.

Quality Assurance / Control Points
Quality assurance is focused on the project’s processes and, when executed properly, provides confidence Exhibit E
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that quality requirements can be fulfilled. The iterative process for providing quality assurance will include review and completion of the following for each phase of the project. Below are the control points requiring acceptance before moving to the next implementation stage.

 Control Point 1: Initiate & Plan Stage Acceptance
 Control Point 2: Assess & Define Stage Acceptance
 Control Point 3: Prepare Solution Stage Acceptance
 Control Point 4: Production Readiness Stage Acceptance  Control Point 5: Production Stage Acceptance
 Control Point 6: Close Stage Acceptance

Exhibit E
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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 Pittsburg 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 Pittsburg Steering Committee become the escalation points to triage responses prior to escalation to the Pittsburg 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 Pittsburg and Tyler executive sponsors serve as the final escalation point.

Exhibit E
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Project Governance Roles and Responsibilities
Tyler Executive Sponsor
Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the Project team and collaborates with other Tyler department managers as needed in order to escalate and facilitate implementation Project tasks and decisions.
 Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying Pittsburg ’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 Pittsburg ’s executive sponsor.

Name Job Title Email Phone
Carrie Giesy Sr. Implementation
Director

Jennifer Turgeon V.P. Implementation

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 Pittsburg 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.

Name Job Title Email Phone
Richard Boven Implementation
Director – FIN/HRM

Brian Bouchard Implementation
Director - UB

Tyler Project Manager
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.  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 Exhibit E
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management, and is the primary point of contact for all Project related items. As requested by Pittsburg, the Tyler Project Manager provides regular updates to the Pittsburg 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 Pittsburg 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 Pittsburg project manager(s) to plan and schedule Project timelines to achieve on- time implementation.

Implementation Management
 On-site once (up to 2 days) per quarter when travel restrictions are lifted and it is safe to travel.  Attends steering committee meetings monthly (on-site if coinciding with scheduled quarterly visit)  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 Pittsburg and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to Pittsburg any items that may impact the outcomes of the Project.
 Collaborates with Pittsburg ’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 Pittsburg ’s project manager(s) to set a routine communication plan that will aide all Project team members, of both Pittsburg and Tyler, in understanding the goals, objectives, current 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.

Exhibit E
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Name Job Title Email Phone
Paul Chmielewski Project Manager

Assignment of project team is made upon contract signing. The named Project Manager and Implementation Consultants will be assigned to the project if a contract is executed by October 1, 2024.

Pittsburg Executive Sponsor
The Pittsburg 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, in order to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day Project activities. The executive sponsor empowers the Pittsburg steering committee, project manager(s), and functional leads to make critical business decisions for Pittsburg.
 Champions the project at the executive level to secure buy-in.  Authorizes required project resources.
 Actively participates in organizational change communications.

Name Job Title
Garrett Evans City Manager

Pittsburg Steering Committee
The Pittsburg 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 Pittsburg project manager and Project as a whole through participation in regular internal meetings. The Pittsburg steering committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. The Pittsburg 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 Pittsburg Policies
o Needs of other client projects

Exhibit E
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Name Job Title
Maria Aliotti Assistant City Manager
Paul Rodrigues Director of Finance
Jennifer Brizel Director of Human Resources

Pittsburg Project Manager
Pittsburg 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. Pittsburg Project Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When Pittsburg 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 client project manager(s) are responsible for reporting to client 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 Pittsburg 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 Pittsburg 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 Pittsburg 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.

Exhibit E
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Resource Management
 Acts as liaison between project team and stakeholders.  Identifies and coordinates all Pittsburg resources across all modules, phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices.
 Provides direction and support to project team.
 Builds partnerships among the various stakeholders, negotiating authority to move the project forward.
 Manages the appropriate assignment and timely completion of tasks as defined.  Assesses team performance and takes corrective action, if needed.  Provides guidance to Pittsburg technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams in order 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.

Name Job Title
Jitendra Kaneria Deputy Chief Information Systems Officer

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.

Exhibit E
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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
If it is necessary to change the scope of this Project, Tyler and Pittsburg will follow the change control process specified in the Agreement.

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 Pittsburg; for example, Pittsburg may decide it no longer needs a deliverable originally defined in the Project. The Change Request will include the following information:
 The nature of the change.
 A good faith estimate of the additional cost or associated savings to Pittsburg, if any.  The timetable for implementing the change.
 The effect on and/or risk to the schedule, resource needs or resource responsibilities.

Pittsburg 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 Pittsburg). 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.

Exhibit E
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Exhibit E
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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 Pittsburg office or department designates specific individuals for making decisions on behalf of their offices or departments.

Both Tyler and Pittsburg 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 Pittsburg feedback and approval on Project deliverables will be critical to the success of the Project. The Pittsburg project manager will strive to gain deliverable and decision approvals from all authorized Pittsburg 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 Pittsburg 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:
 Pittsburg 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 Pittsburg 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 Pittsburg does not agree the Deliverable or Control Point meets requirements, Pittsburg 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 issues on Issues Log and redeliver the Deliverable or Control Point. Pittsburg shall then have three (3) 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 Pittsburg does not provide acceptance within three (3) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.

Deliverable Listing
This table lists the deliverables included in this project for each phase of the project. Each deliverable is described in more detail in the Deliverables Expectation Document located in the Additional Appendices section of this Statement of Work.

Deliverable ID Deliverable Name
DED-01 Project Management Plan
DED-02 Project Operational Plan
DED-03 Initial Project Schedule / Project Plan
DED-04 System Design Document
DED-05 Data Conversion Plan
DED-06 Installation Checklist/System Document
DED-07 Requirements Traceability Matrix
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DED-08 Solution Validation Test Plan
DED-09 Solution Validation Report
DED-10 Go Live Plan and Checklist
DED-11 Custom End User Training Guides
DED-12 Post Project Report
DED-13 Status Reports
DED-14 Site Reports

Other Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for Pittsburg and Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at Pittsburg, but are roles defined within the Project. It is common for individual resources on both the Tyler and Pittsburg 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.

Tyler Implementation Consultant
 Completes tasks as assigned by the Tyler project manager(s).  Documents activities for services performed by Tyler.  Guides Pittsburg through software validation process following configuration.  Assists during Go-Live process and provides support until Pittsburg transitions to Pittsburg Services.  Facilitates training sessions and discussions with the Pittsburg and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time.  May provide conversion review and error resolution assistance.

Name Job Title Email Phone
Esther Wilson IC – Financials
Michelle Cawood IC – Human Capital
Management

IC – Utility Billing

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.

Name Job Title Email Phone
Jason Cloutier Account Executive
David Jowett V.P. Sales

Exhibit E
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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.

Tyler API Services
 Provides training in the use of the API Toolkit.
 Provides consulting services in the use of the API Toolkit to Pittsburg, as Pittsburg builds interfaces.

Pittsburg Roles & Responsibilities
Pittsburg resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles.

Pittsburg 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 Pittsburg 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 Pittsburg 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
Exhibit E
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Pittsburg Power Users
 Participate in project activities as required by the project team and project manager(s).  Provide subject matter expertise on the Pittsburg business processes and requirements.  Act as subject matter experts and attend Current & Future State Analysis sessions as needed.  Attend all scheduled training sessions.
 Participate in all required post-training processes as needed throughout project.  Test all application configuration to ensure it satisfies business process requirements.  Become application experts.
 Participate in Solution Validation.
 Adopt and support changed procedures.
 Complete all deliverables by the due dates defined in the project schedule.  Demonstrate competency with Tyler products processing prior to Go-live.  Provide knowledge transfer to the Pittsburg staff during and after implementation.  Participate in conversion review and validation.

Pittsburg 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.

Pittsburg 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 Pittsburg 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 Pittsburg’s legacy system per the conversion schedule set forth in the project schedule.

Pittsburg 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 Pittsburg’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 Pittsburg and Tyler resources.  Communicates changes affecting users and department stakeholders.

Exhibit E
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 Obtains department stakeholder acceptance to upgrade production environment.

Pittsburg 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.

Exhibit E
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Part 3: Project Plan
Project Stages
Work Breakdown Structure
The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into smaller, more manageable components. The top-level components are called “Stages” and the second level components are called “Work Packages”. The work packages, shown below each stage, contain the high-level work to be done. The detailed Project Schedule, developed during Project/Phase Planning and finalized during subsequent stages, lists the tasks to be completed within each work package. Each stage ends with a “Control Point”, confirming the work performed during that stage of the Project has been accepted by Pittsburg.

Work Breakdown Structure (WBS)

1. Initiate &
Plan

2. Assess &
Define

3. Prepare
Solution

4. Production
Readiness 5. Production 6. Close

1.1 Initial
Coordination

2.1 Solution
Orientation

3.1 Initial System
Deployment

4.1 Solution
Validation

5.1 Go Live

6.1 Phase Close
Out

1.2 Project/Phase
Planning

2.2 Current & Future
State Analysis

3.2 Configuration

4.2 Go Live
Readiness

5.2 Transition to
Client Services

6.2 Project Close
Out

1.3 GIS Planning*

2.3 Modification
Analysis

3.3 Process
Refinement

4.3 End User
Training

5.3 Post Go Live
Activities

1.4 Infrastructure
Planning

2.4 Conversion
Assessment

3.4 Conversion
Delivery

1.5 Stakeholder
Meeting

2.5 Data Assessment

3.5 Data Delivery

3.6 Modifications*

*Items noted with an asterisk in the graphic above relate to specific products and services. If those products and services are not included in the scope of the contract, these specific work packages will be noted as “Intentionally Left Blank” in Section 6 of the Statement of Work.

Exhibit E
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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 Pittsburg 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. Pittsburg 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 Pittsburg’s team. During this step, Tyler will work with Pittsburg 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 Pittsburg project team.

STAGE 1 Initial Coordination
Tyler Pittsburg
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users) Department Heads
End Users
Technical Leads
Tyler project team is assigned A R C I I I I I I
Client project team is assigned A I R I I I
Provide initial project
documents to the Client

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

Exhibit E
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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 Pittsburg to coordinate and plan a formal Project planning meeting(s). This meeting signifies the start of the Project and should be attended by all Pittsburg 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 Pittsburg’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 Pittsburg 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 Pittsburg 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 Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Schedule and
conduct planning
session(s)

A R I C C I
Exhibit E
124

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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 Project Management Plan (DED-01) Project Operational Plan (DED-02)
Initial Project Schedule (DED-03)

Work package assumptions:
 Client 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 Pittsburg to install License Software. Pittsburg is responsible for the installation and setup of all peripheral devices.

Objectives:
 Ensure Pittsburg’s infrastructure meets Tyler’s application requirements.  Ensure Pittsburg’s infrastructure is scheduled to be in place and available for use on time.

STAGE 1 Infrastructure Planning
Tyler Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts
(Power Users)
Department Heads
End Users
Technical Leads
Provide Infrastructure
Requirements and
Design Document

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

A R C I
Exhibit E
125

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Schedule Installation
of All Licensed
Software

A R C I I
Infrastructure Audit A R C I C

Inputs Initial Infrastructure Requirements

Outputs /
Deliverables

Completed Infrastructure Requirements
Infrastructure Audit

Stakeholder Meeting
Communication of the Project planning outcomes to Pittsburg 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 Pittsburg 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 Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I

Inputs Agreement
SOW
Project Management Plan

Exhibit E
126

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Outputs /
Deliverables

Stakeholder Meeting Presentation

Work package assumptions:
 None
Intentionally left blank.

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 (DED-01)
 Project Operational Plan (DED-02)
 Initial Project Schedule (DED-03)
Initiate & Plan stage acceptance criteria:
 All stage deliverables accepted based on acceptance criteria previously defined  Project governance defined
 Project portal made available to Pittsburg
 Stakeholder meeting complete
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current Pittsburg business processes. This information will be used to identify and define business processes utilized with Tyler software. Pittsburg 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 Pittsburg team knowledge transfer such as: eLearning, documentation, or walkthroughs. Pittsburg 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:

Exhibit E
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 Provide a basic understanding of system functionality.  Prepare Pittsburg for current and future state analysis.

STAGE 2 Solution Orientation
Tyler Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Provide 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.

Pittsburg 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.

Pittsburg will adopt the existing Tyler solution wherever possible to avoid project schedule and quality risk from over customization of Tyler products. It is Pittsburg’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 Client
Exhibit E
128

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RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Current State process
review, including
required reports and
interfaces

A R I I I C C C C C
Discuss future-state
options, including
required reports and
interfaces

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 Client current state documentation
Solution Orientation completion
Requirements from RFP

Outputs /
Deliverables
System Design Document (DED-04)

Work package assumptions:
 Pittsburg attendees possess sufficient knowledge and authority to make future state decisions.  Pittsburg is responsible for any documentation of current state business processes.  The Pittsburg team can effectively communicate current state processes.

Data Assessment
Given the completion of the Current & Future State Analysis, the Data Assessment will provide the implementation team the design for data delivery prior to configuration. The data Assessment will also allow the Tyler and the Pittsburg teams to identify the data that will be configured within the Tyler System. The team will develop and map out dataset structures to ensure that data is structured in a way that allows maximum utility.

The teams will review any existing data publish and metadata standards for Pittsburg’s current data program to determine any necessary adjustments or configuration needs. Finally, the implementation team develops data workflows to map data from the source system(s) into the Tyler system, discussing any additional data requirements as needed.

Exhibit E
129

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Objectives:
 Communicate a common understanding of the project goals with respect to data.  Ensure complete and accurate source data is available for review/transfer.  Map the data from the source to the Tyler system.
 Document the data conversion/loading approach.

STAGE 2 Data Conversion Assessment
Tyler Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Extract Data from Source
Systems I C A R
Complete Data
Analysis/Mapping A R C C I C C I
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 Client Source data
Client Source data Documentation (if available)

Outputs / Deliverables Data Conversion Plan (DED-05)

Work package assumptions:
 Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format.  Tyler will work with Pittsburg representatives to identify business rules before writing the conversion.  Pittsburg subject matter experts and resources most familiar with the current data will be involved in the data conversion planning effort.

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.

Exhibit E
130

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Objectives:
 Communicate a common understanding of the project goals with respect to data.  Ensure complete and accurate source data is available for review/transfer.  Map the data from the source to the Tyler system.
 Document the data conversion/loading approach.

STAGE 2 Data Conversion Assessment
Tyler Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
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 Client Source data
Client Source data Documentation (if available)

Outputs /
Deliverables
Data Conversion Plan (DED-05)

Work package assumptions:
 Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format.  Tyler will work with the Pittsburg representatives to identify business rules before writing the conversion.
 Pittsburg 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.

Exhibit E
131

City of Pittsburg, CA
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Note: Advancement to the Prepare Solution Stage is dependent upon Tyler’s receipt of the Stage Acceptance.

Assess & Define Stage Deliverables:
 System Design Document (DED-04)
 Data Conversion Plan (DED-05)
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 Pittsburg 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.
 Pittsburg can access the software.

STAGE 3 Initial System Deployment (Hosted/SaaS)
Tyler Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Prepare hosted
environment A R I C
Install Licensed
Software with
Initial Database on

A R I C
Exhibit E
132

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Server(s) for
Included
Environments
Tyler System
Administration
Training

A R I C

Outputs /
Deliverables
Installation Checklist/System Document (DED-06)

Work package assumptions:
 The most current available version of the Tyler Licensed Software will be installed.  Pittsburg will provide network access for Tyler modules, printers, and Internet access to all applicable Pittsburg and Tyler Project staff.

Configuration
The purpose of Configuration is to prepare the software product for validation.

Tyler staff collaborates with Pittsburg to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. Pittsburg collaborates with Tyler staff iteratively to validate software configuration.

Objectives:
 Software is ready for validation.
 Educate Pittsburg Power User how to configure and maintain software.  Prepare standard interfaces for process validation (if applicable).

STAGE 3 Configuration
Tyler Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Conduct
configuration training A R I C C
Complete Tyler
configuration tasks A R I I I
Complete Client
configuration tasks I C A R C
Exhibit E
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Standard interfaces
configuration and
training

A R C I C C C
Updates to Solution
Validation testing
plan

C C A R C C
Develop
Requirements
Traceability Matrix
(RTM)

A R C C
Validate
Requirements C C A R

Inputs System Design Document
Requirements Traceability Matrix

Outputs / Deliverables Configured system
Updated Requirements Traceability Matrix (items verified and marked complete)

Work package assumptions:
 Tyler provides guidance for configuration options available within the Tyler software. Pittsburg is responsible for making decisions when multiple options are available.

Process Refinement
Tyler will educate Pittsburg users on how to execute processes in the system to prepare them for the validation of the software. Pittsburg collaborates with Tyler staff iteratively to validate software configuration options to support future state.

Tyler will provide standard process documentation that Pittsburg may customize throughout this stage with instructions for their use of the software. Tyler will provide customized end user training guides for end users, which are a subset of the standard process documentation. The specific processes that Tyler will provide customized documentation for are outlined in the Deliverables Expectations Document at the end of this Statement of Work. See DED-11.

Objectives:
 Ensure that Pittsburg 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 Client
Exhibit E
134

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RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical 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
(Client
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 Client-
specific process
documentation (if
applicable)

I C A R C
Updates to
Solution Validation
testing plan

C C A R C C

Inputs Initial Configuration
Documentation that describes future state decisions and configuration options to support future state decisions.

Solution validation test plan

Outputs /
Deliverables

Updated solution validation test plan
Completed Client-specific process documentation (completed by Client)

Work package assumptions:
 None
Conversion Delivery
The purpose of this task is to transition Pittsburg’s data from their source (“legacy”) system(s) to the Tyler system(s). The data will need to be mapped from the legacy system into the new Tyler system format. A well- executed data conversion is key to a successful cutover to the new system(s).

Exhibit E
135

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With guidance from Tyler, Pittsburg will review specific data elements within the system and identify / report discrepancies. Iteratively, Tyler will collaborate with Pittsburg 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 Client

RACI MATRIX
KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Provide data
crosswalks/code
mapping tool

A C R I I I
Populate data
crosswalks/code
mapping tool

I C C A R C
Iterations:

Conversion
Development

A C R I I
Iterations:

Deliver
converted data

A R I I I
Iterations:

Proof/Review C C C A R C C
Load Data
for Testing
Pull Data &
Conversion
Balancing
Reports
Map
Conversion
Write & Run
Conversion
Program
Validate
Data
Conversion
Reviews
Completed
Final
Conversion
Report &
Correct
Errors
Exhibit E
136

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data and
reconcile to
source system

Inputs
Data Conversion Plan
Configuration

Outputs /
Deliverables
Code Mapping Complete / Validated
Conversion Iterations / Reviews Complete

Work package assumptions:
 Pittsburg will provide a single file layout per source system as identified in the investment summary.  Pittsburg subject matter experts and resources most familiar with the current data will be involved in the data conversion effort.
 Pittsburg 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.  Requirements have been validated
Production Readiness
Activities in the Production Readiness stage will prepare the Pittsburg 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 Pittsburg to review the status of the project and the organizations readiness for go-live.

Exhibit E
137

City of Pittsburg, CA
Tyler Technologies, Inc. Page | 34
Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that Pittsburg 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 Pittsburg organization is ready to move forward with go-live and training (if applicable).

STAGE 4 Solution Validation
Tyler Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Update Solution
Validation plan A R C C C C
Update test scripts (as
applicable) C C C A R C
Perform testing C C C A R C
Document issues from
testing C C C A R C
Perform required follow-
up on issues A R C C C C

Inputs Solution Validation plan
Completed work product from prior stages (configuration, business process, etc.)

Outputs /
Deliverables
Solution Validation Test Plan (DED-08)
Solution Validation Report (DED-09)

Work package assumptions:
 Designated testing environment has been established.
 Testing includes current phase activities or deliverables only.

Go-Live Readiness
Tyler and Pittsburg 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 Pittsburg has considered its ability to successfully Go-Live. Issues and Exhibit E
138

City of Pittsburg, CA
Tyler Technologies, Inc. Page | 35
concerns will be discussed, and mitigation options documented. Tyler and Pittsburg 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 Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
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
Go-live Plan and Checklist (DED-10)

Work package assumptions:
 None
End User Training
End User Training is a critical part of any successful software implementation. Using a training plan previously reviewed and approved, the Project team will organize and initiate the training activities.

Exhibit E
139

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Tyler Led: Tyler provides training for all applicable users. One or multiple occurrences of each scheduled training or implementation topic will be covered.

Tyler will provide customized end user training guides. Guides will be provided in MS Word format and may be modified by Pittsburg for changes in functionality or process post go-live. The specific processes that will be documented are outlined in the Deliverable Expectations Document in the appendix of this SOW under deliverable ID DED-11.

Objectives:
 End users are trained on how to use the software prior to go-live.  Pittsburg is prepared for on-going training and support of the application.

STAGE 4 End User Training
Tyler Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Update training plan A R C C I C
End User training
(Tyler-led) A R C C C I C C C

Inputs Training Plan
List of End Users and their Roles / Job Duties
Configured Tyler System

Outputs / Deliverables Custom End User Training Guides (DED-11) End User Training

Work package assumptions:
 The Pittsburg 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 Pittsburg as much as possible to provide end-user training in a manner that minimizes the impact to the daily operations of Pittsburg departments.  Pittsburg 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.

Exhibit E
140

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Production Readiness stage deliverables:
 Solution Validation Report (DED-09)
 Go-live plan and checklist (DED-10)
 Custom End User Training Guides (DED-11)
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 Pittsburg will follow the comprehensive action plan laid out during Go-Live Readiness to support go-live activities and minimize risk to the Project during go-live. Following go- live, Tyler will work with Pittsburg to verify that implementation work is concluded, post go-live activities are scheduled, and the transition to Pittsburg 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, Pittsburg and Tyler will complete work assigned to prepare for Go-Live.

Pittsburg 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, Pittsburg manually enters any data added to the Legacy System after final data extract into the Tyler system.

Tyler staff collaborates with Pittsburg during Go-Live activities. Pittsburg 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.
 Pittsburg data available in Production environment.

STAGE 5 Go-Live
Tyler Client
Exhibit E
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City of Pittsburg, CA
Tyler Technologies, Inc. Page | 38
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Provide 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 Data is available in production environment

Work package assumptions:
 Pittsburg will complete activities documented in the action plan for Go-Live as scheduled.  External stakeholders will be available to assist in supporting the interfaces associated with the Go- Live live process.
 Pittsburg business processes required for Go-Live are fully documented and tested.  Pittsburg Project team and subject matter experts are the primary point of contact for the end users when reporting issues during Go-Live.
 The Pittsburg Project Team and Power User’s provide business process context to the end users during Go-Live.

Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the exception of agreed-upon post Go-Live activities. The Tyler project manager(s) schedules a formal transition of Pittsburg to the Tyler Client Services team, who provides the city with assistance following Go-Live, officially transitioning Pittsburg to operations and maintenance.

Objectives:
 Ensure no critical issues remain for the project teams to resolve.

Exhibit E
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 Confirm proper knowledge transfer to the Pittsburg teams for key processes and subject areas.

STAGE 5 Transition to Client Services
Tyler Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Transfer Client 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 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. Some of these include month-end processing, year-end processing, quarterly reporting, W-2 training, 1099 training, budget entry and benefits enrollment. Post live needs will be reviewed with Pittsburg and a post live schedule will be provided.

Objectives:
 Schedule activities that are planned for after Go-Live.  Ensure issues have been resolved or are planned for resolution before phase or project close.

STAGE 5 Post Go-Live Activities
Tyler Client
Exhibit E
143

City of Pittsburg, CA
Tyler Technologies, Inc. Page | 40
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Schedule 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 Updated issues log

Work package assumptions:
 System is being used in a live production state.

Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
 Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance.  Converted data is available in production environment.

Production Stage Acceptance Criteria:
 All stage deliverables accepted based on criteria previously defined.  Go-Live activities defined in the Go-Live action plan completed.  Client services support document is provided.

Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or Project. Pittsburg 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 Pittsburg for systems implemented in the Phase.

Exhibit E
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City of Pittsburg, CA
Tyler Technologies, Inc. Page | 41
Objectives:
 Agreement from Tyler and the Pittsburg teams that activities within this phase are complete.

STAGE 6 Phase Close Out
Tyler Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Reconcile project budget
and status of contract
Deliverables

I A R I I C
Hold post phase review
meeting A R C C C C C C C C C
Release phase-
dependent Tyler project
resources

A R I I

Participants Tyler Pittsburg
Project Leadership Project Manager
Project Manager Project Sponsor(s)
Implementation Consultants Functional Leads, Power Users, Technical Leads
Technical Consultants (Conversion, Deployment,
Development)

Client Services

Inputs Contract
Statement of Work
Project artifacts

Outputs /
Deliverables
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.

Exhibit E
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At this time Pittsburg 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 Pittsburg teams for key processes and subject areas has occurred.
 Verify all deliverables included in the Agreement are delivered.

STAGE 6 Project Close Out
Tyler Client
RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (Power
Users)
Department Heads
End Users
Technical Leads
Conduct post project
review A R C C C C C C C C C
Deliver post project
report to Client and
Tyler leadership

I A R I I C
Release Tyler project
resources A R I I

Inputs Contract
Statement of Work

Outputs / Deliverables Post Project Report (DED-12)

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.

Exhibit E
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City of Pittsburg, CA
Tyler Technologies, Inc. Page | 43
Close Stage Acceptance Criteria:

Completed report indicating all Project deliverables and milestones have been completed.

General Assumptions
Tyler and Pittsburg 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.  Pittsburg 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. All tasks, deadlines, and prerequisite activities will be listed on 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 Pittsburg 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, Pittsburg 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 Pittsburg to make process changes.  With the exception of what is defined in this SOW, Pittsburg is responsible for defining, documenting, and implementing their policies that result from any business process changes.

Organizational Change Management
Unless otherwise contracted by Tyler, Pittsburg is responsible for managing Organizational Change. Impacted Pittsburg 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 Pittsburg resources understand the value of the change, and why they are being asked to change.

Resources and Scheduling
 Pittsburg resources will participate in scheduled activities as assigned in the Project Schedule.  The Pittsburg team will complete prerequisites prior to applicable scheduled activities. Failure to do so may affect the schedule.
 Tyler and Pittsburg will provide resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget.

Exhibit E
147

City of Pittsburg, CA
Tyler Technologies, Inc. Page | 44
 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.  Pittsburg 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.
 Pittsburg 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.  Pittsburg will respond to information requests in a comprehensive and timely manner, in accordance with the Project Schedule.
 Pittsburg 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.
 The City and Tyler shall work together throughout the project to maintain a project roster identifying all resources filling the roles defined below. In the event personnel changes are required, each party shall notify the other promptly and update the project roster.

Data
 Data will be converted as provided and Tyler will not create data that does not exist.  Pittsburg is responsible for the quality of legacy data and for cleaning or scrubbing erroneous legacy data.
 Tyler will work closely with the Pittsburg representatives to identify business rules before writing the conversion. Pittsburg 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.
 Pittsburg 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 Pittsburg Project Team is responsible for reviewing the converted data and reporting issues during each iteration, with assistance from Tyler.
 Pittsburg is responsible for providing or entering test data (e.g., data for training, testing interfaces, etc.)
Facilities
 Pittsburg will provide dedicated space for Tyler staff to work with Pittsburg resources for both on-site and remote sessions. If Phases overlap, Pittsburg will provide multiple training facilities to allow for independent sessions scheduling without conflict.
 Pittsburg will provide staff with a location to practice what they have learned without distraction.

Exhibit E
148

City of Pittsburg, CA
Tyler Technologies, Inc. Page | 45
Requirements Traceability Matrix (RTM)
 Tyler will work with Pittsburg in a dual effort to track and report to Pittsburg which Functional Requirements have been satisfied during each phase of the project for each of the software modules and services contracted.
 The RTM will be created based on the list of the Functional and Technical Requirements that were included in the Tyler proposal response.
 Tyler will create the RTM along with collaborative input from Pittsburg. As part of the “go-live” acceptance process for each phase, Pittsburg and Tyler shall agree that each requirement in the RTM for that phase has been satisfied per Tyler’s responses (from proposal response where Tyler answered affirmatively that the feature/functionality exists in the installed release).

Exhibit E
149

City of Pittsburg, CA
Tyler Technologies, Inc. Page | 46
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]
Exhibit E
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City of Pittsburg, CA
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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.

Exhibit E
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Solution The implementation of the contracted software product(s) resulting in the connected system allowing users to meet Project goals and gain anticipated efficiencies.

Stage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project.

Standard Software functionality that is included in the base software (off- the-shelf) package; is not customized or modified.

Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project-specific activities, services, and Deliverables.

System The collective group of software and hardware that is used by the organization to conduct business.

Test Scripts The steps or sequence of steps that will be used to validate or confirm a piece of functionality, configuration, enhancement, or Use Case Scenario.

Training Plan Document(s) that indicate how and when users of the system will be trained relevant to their role in the implementation or use of the system.

Validation (or to validate) The process of testing and approving that a specific Deliverable, process, program, or product is working as expected.

Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down into smaller, more manageable components.

Work Package A group of related tasks within a project.

Exhibit E
152

City of Pittsburg, CA
Tyler Technologies, Inc. Page | 49
Part 4: Appendices
Conversion
Content Manager Conversion Summary
Content Manager – Standard
 Up to 18 document type(s)
 All visible fields configured for Tyler Content Manager Enterprise installations or the standard fields that exist for Tyler Content Manager Core installations  Images and Attachments as described below
 Lookups are imported with the assistance of the consultant Accounting
Accounting - Actuals
 Summary account balances
 Up to 5 years
Accounting - Budgets
 Original budget, budget adjustments, revised budget summaries for accounts  Up to 5 years
Accounts Payable
 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
Capital Assets Master
 Asset description, status, acquisition quantity, date and amount, codes for asset class, subclass, department, custodian, flags for capitalization and depreciation, estimated life, serial number, model, Exhibit E
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model year, depreciation method, life-to-date depreciation amount, last depreciation date, disposal information (if any), purchase information, if any (vendor, PO, Invoice) Contracts
 Contract header detail with many fields available to convert including fiscal year and period, vendor number, department code, description, enforcement method code, dates for award, approval, entry and expiration, retention information, user-defined type and review codes, status code, user id for entry and approver. Additional fields are also available. A balance forward contract amount is converted, if original amount is required there will be an additional charge and contracts, po’s and invoices must be converted together.

General Billing
 Customer information
General Billing – Bills
 5 years of open and closed invoices
 General Ledger information so open invoices can be processed in Enterprise ERP 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
Human Resources Management
 Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), e- address, marital status, gender, race, personnel status (such as full-time, part-time, etc.), highest degree, advice-delivery (print/email/both) and check location, plus primary group, job, location, and account information
Payroll - Deductions
 Employee Deductions - including employee ID, deduction codes, tax information, and direct deposit information
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
Exhibit E
154

City of Pittsburg, CA
Tyler Technologies, Inc. Page | 51
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 – 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 – Recruiting
 Application requisition applicant master data, plus applicant references, certifications, education, skills, tests, work history, and interviews
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 Payroll – State Retirement Tables
 Specific state-required data, plus related service years information, when appropriate  Needed for some states
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 Project 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
Exhibit E
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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.  Closed purchase orders header data including vendor, buyer, date, accounting information, etc.  Closed purchase orders detail data including line-item descriptions, quantities, amounts, etc.

Utility Billing
 Account Master data including previous and current customer owner information- address info, phone, fax, SSN number, FID number, account status, parcel number, location street, apartment, city, state, zip, book number, read sequence, account start and end date, EFT bank information Utility Billing –Services
 Current service codes, service status, type, factor, condo units, bill cycle codes, , current deposits held on account including unpaid deposit amounts, winter usage, current meter(s) associated with service, meter readings( current and previous), meter usage (current and previous) and sales tax information.

Utility Billing –Assessments
 Assessments are improvement costs that are spread across to property owner  Utility Billing conversion option 4 (balance forward AR) must also be purchased in order to convert assessments
Utility Billing –Consumption History
 History of meter readings, usage, read dates, usage days, bill amounts, bill dates, read codes  Up to 5 years
Utility Billing –Balance Forward AR
 Account balance forward information converted as total amount due. If the Client’s business practices require current due and past due bills this can be broken into three balance forward bills (current balance due and up to two past due balance bills). These can be converted to one balance forward charge code or separate balance forward charge codes, and converted to the account/customer if the Client’s legacy data contains this information.  If late penalties will be applied in Enterprise ERP after the conversion, balance forward amounts must be converted by charge code
Utility Billing – Work Orders
 Work Orders data associated with accounts, including meter repairs, checks for leaky meter, reread a meter due to high reading
Exhibit E
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Utility Billing –Backflow
 Account information, backflow device information, backflow type, and backflow violations Utility Billing –Budget Billing
 Converts information for budget average billing by account, customer and service. Legacy data must include: calculated budget amount by service; number of periods remaining until plan renews; budget plan balance/credit amount, broken out by service/customer; additional amortized amount by service.

Utility Billing –Flat Inventory/Containers
 Inventory for non-metered items tied to recurring service billing – flat rate is tied to inventory item(s)/item type(s) (vs consumption/usage). Trash/recycling containers, dumpsters, roll off containers, light poles, cable/internet equipment.

Exhibit E
157

City of Pittsburg, CA
Tyler Technologies, Inc. Page | 54
Additional Appendices
Deliverable Expectation Document
A description of each summary deliverable is provided below. All deliverables will be provided electronically in the format used to prepare the deliverable (example: Microsoft Word, Excel) to allow for updates and revisions.

Deliverable Number: DED-01
Deliverable Name: Project Management Plan (WBS 1.2) Phase: 1, 2, 3 Objective: To provide procedures for project management and managing changes to the project scope, schedule, or budget.

Scope: Customized management plans to reflect Client’s specific project approach. Management plans will document specific project management processes that are agreed upon between the Client and Tyler Project Manager. As part of project planning, the Tyler Project Manager will review the SOW and contract with Client.

The management plan will include all information and procedures for all phases of the project.

Format: Microsoft Word
Outline:

Scope Management Plan
 Scope Management Approach
 Scope Roles and Responsibilities
 Scope Verification
 Scope Control
 Scope Change
Communication Management Plan
Purpose
 Communications Planning
 Information Distribution
 Roles and Responsibilities
 Communication Plan Matrix
Resource Management Plan
Purpose
 Physical Resource Requirements
 Facility Resource Matrix
 Human Resources Requirements Matrix
Quality Management Plan
Purpose
 Quality Approach
 Quality Planning
 Identify Quality Metrics
 Establish Quality Control Checklist
 Issue Resolution
 Quality Assurance
 Quality Control
Risk Management Plan
Purpose
 Risk Assessment Procedures
 Risk Management Procedures
 Risk Measuring and Control Procedures
 Risk Register
 Risk Assessment
Exhibit E
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Deliverable Number: DED-01
 SWOT Analysis
 Risk Evaluation
 Probability and Impact Matrix
 Risk Management Planning
 Risk Measuring and Control
Client Role:
 Attend project planning sessions scheduled by Tyler
 All project team members will participate in the development of these plans.

Tyler Role:
 Tyler will lead development of the plans and will have responsibility for documenting all decisions as part of the deliverable.

Acceptance Criteria:
 Client project team has read, understands, and agrees with the procedures and schedules within the Project Management Plan
 The deliverable contains all the components specified in the Outline of this DED and the SOW  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.

Deliverable Number: DED-02
Deliverable Name: Project Operational Plan (WBS 1.2) Phase: 1, 2, 3 Objective: To introduce and familiarize the Client with the tools that will be used throughout the implementation during project planning. To make the tools available for Client review and maintenance as applicable throughout the project.

Scope: Includes Training Plan, Data Conversion Plan, Solution Validation Plan, Go-live Plan Format: MS Word
 Outline:
 Training Plan
 Overview
 Training descriptions
 Classroom setup and resources
 Prerequisites
 Accompanying documents
 Data Conversion Plan
 Overview
 Logistics
 Prerequisites
 Process
 Accompanying documents
 Module/Phase specific conversion schedule and proofing instructions  Solution Validation Plan
 Overview
 What to expect
 Acceptability
 Common misconceptions
 Identifying Power Users for testing
 Responsibilities
 Testing steps
 Accompanying documents
 Go-Live Plan
 Overview
Exhibit E
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Deliverable Number: DED-02
 Benefits
 Prerequisites to cutover commencement
 Go-Live checklist
 Accompanying documents
 Appendix: Other accompanying documents
 Stage sign-off forms
 Change request form
 Analysis questionnaires
 Project phase reconciliation report
Client Role:
 Review the plans and accompanying documents
 Gain an understanding of how each plan is used and at what time in the project  Distribute plans, as applicable, to project team members Tyler Role:
 Provide the Project Operational Plan and accompanying documents  Review each plan and document with the Client project team; discuss how each will be used during the implementation, when it will be used, and who is responsible for each.

Acceptance Criteria:
 The deliverable contains all the components specified in the Outline of this DED and the SOW  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.

Deliverable Number: DED-03
Deliverable Name: Initial Project Schedule / Project Plan (WBS 1.2) Phase: 1, 2, 3 Objective: Task list with owners and due dates for successful completion of the project phase. Schedules are developed at the start of each phase.

Scope: Includes all tasks and scheduled activities, along with owners, due dates, and dependencies.

Format: Developed in MS Project, then uploaded and maintained as the master project plan on the Client Project SharePoint site.

Outline: The project plan will follow the Tyler Implementation WBS and contain all WBS tasks, tasks necessary for completion of WBS tasks, deliverables, milestones, review/acceptance periods, and other key project events.

The Project Plan will contain:
 Project’s activities and tasks
 Dates of project activities and tasks
 Specific resources assigned to project tasks
 Detailed Project schedule / Work Breakdown Structure (WBS) featuring phases, deliverables, and work packages
 Milestones and Deliverables
 Client Review Periods for Milestones and Deliverables  Project Acceptance of Implementation Control Points
Client Role:
 Review project plan
 Contribute information necessary to complete and maintain project plan  Adhere to due dates as defined in the project plan
 Inform the Project Managers of barriers to meeting the defined due dates Tyler Role:
 Provide initial on-site and remote session schedule to Client for approval  Create project plan
 Post project plan to Project SharePoint site
Exhibit E
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Deliverable Number: DED-03
 Maintain and update the project plan throughout the project Acceptance Criteria:
 The Client signs off on the project plan and schedule  The deliverable contains all the components specified in the Outline of this DED and the SOW  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.

Deliverable Number: DED-04
Deliverable Name: System Design Document (WBS 2.2) Phase: 1, 2, 3 Objective: To document the decisions and processes resulting from analysis and identify how Client will use the Tyler system.

Scope: Spreadsheet questionnaire outlining processing, workflow, and setup decisions Format: MS Excel
Outline:

Current Needs:
 Identification of current process
 Client Decision Making:
 Process Decisions
 Setup Decisions
 Workflow Decisions utilizing Workflow Matrix
 Follow Up Items
 Detailed Enterprise ERP set-up considerations
 Set up details
 Modifications (if applicable)
 Imports/Export
 Workflow
Client Role:
 Participate in all meetings and make decisions
 Review the documents provided by the Tyler project team  Identify any discrepancies
 Ask for clarification from the Tyler team, if necessary Tyler Role:
 Complete System Design Documents
 Complete deliverable containing all information described in this DED.  Participate in meetings as required to gather information necessary to complete deliverable.  Post completed documents to SharePoint.
 Update deliverable based on feedback from the Client within acceptance period Acceptance Criteria:
 Design Document will include processes and configurations necessary to accommodate final functional requirements
 All configurations for software documented in Design Document.  The deliverable contains all the components specified in the Outline of this DED  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.

Deliverable Number: DED-05
Deliverable Name: Data Conversion Plan (WBS 2.3) Phase: 1, 2, 3 Objective: Provide the Client with information necessary to understand and implement the conversion process.

Exhibit E
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Deliverable Number: DED-05
Scope: All conversion options included in the Investment summary.

Format: MS Word
Outline:
 Logistics
 Conversion contacts
 Prerequisites
 Data mapping
 Data extract
 Verifying converted data
 Reporting discrepancies
 Conversion plan and schedule (for this phase)
 Accompanying documents
 Conversion descriptions
 Conversion schemas
 Conversion sign-off forms
Client Role:
 The Client reads conversion plan
 The Client participates in planning the conversion schedule  The Client follows the plan and proofing instructions throughout the project Tyler Role:
 Tyler works with the Client to plan the conversion schedule  Tyler delivers the plan; posts on the Project Portal
 Tyler reviews the plan with the Client
Acceptance Criteria:
 The deliverable contains all the components specified in the Outline of this DED and the SOW  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.

Deliverable Number: DED-06
Deliverable Name: Installation Checklist/System Document (WBS 3.1) Phase: 1 Objective: Provide the Client with listing of all products, installation paths and accounts installed within the Client infrastructure.

Scope: All Tyler products and associated Client hardware and software Format: MS Word
Outline:
 Application and Database Server details
 Network names and domain(s)
 Installation paths, IPs, and user accounts
 Application and software user accounts details
 Application and web service URLs
 Tyler License Keys
 Recommended on-going IT tasks
Client Role:
 The Client reviews document and stores it in a secure location Tyler Role:
 Tyler deployment engineer provides document to Client Acceptance Criteria:
 The deliverable contains all the components specified in the Outline of this DED and the SOW  The deliverable is free of formatting and spelling errors.

Exhibit E
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Deliverable Number: DED-07
Deliverable Name: Requirements Traceability Matrix (WBS 3.3) Phase: 1, 2, 3 Objective: Provide listing of all system requirements outlined in the RFP formatted for updates to indicate owner, verification date, status, and next steps if applicable.

Scope: System requirements outlined in the RFP and proposal.

Format: SharePoint list; MS Excel
Outline:
 Includes applicable RFP Checklist Requirements.

Client Role:
 The Client reviews and verifies requirements.

Tyler Role:
 Tyler ensures all requirements are trained and verified.  Tyler updates testing statuses into the matrix.

Acceptance Criteria:
 The deliverable contains all the components specified in the Outline of this DED and the SOW  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.

Deliverable Number: DED-08
Deliverable Name: Solution Validation Test Plan (WBS 3.3) Phase: 1, 2, 3 Objective: Provide testing steps to guide users through testing business processes in Tyler software.

Scope: Testing steps for Standard business processes.

Format: MS Word; MS Excel
Outline:
 Detailed test scripts by business process for each major functional area/module in scope for the project.

Client Role:
 Review the System Design Validation plan
 Provide feedback for additional processes to be tested  The Client performs Solution Validation Testing to verify software readiness for day-to-day business processing.

Tyler Role:
 Develop Solution Validation Test Plan
 Incorporate Requirements Traceability Matrix into Solution Validation Plan Acceptance Criteria:
 The deliverable contains all the components specified in the Outline of this DED and the SOW  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.

Deliverable Number: DED-09
Deliverable Name: Solution Validation Report (WBS 4.1) Phase: 1, 2, 3 Objective: Provide a high-level overview of the progress of the Solution Validation Test.

Scope: Shows number of test cases by module in table and graph view.

Format: Excel; tab in Solution Validation Checklist workbook Outline:
 By Module
 Number of cases not yet tested
 Number of cases where testing is in progress
 Number of cases passed
Exhibit E
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Deliverable Number: DED-09
 Number of cases failed
 Total number of cases
Client Role:
 Review the report regularly throughout the Solution Validation Testing period.  Provide updates to Tyler Project Manager, as needed
Tyler Role:
 Work with Client Project Team to ensure that failed test items are prioritized and resolved in a timely manner
Acceptance Criteria:
 The deliverable contains all the components specified in the Outline of this DED and the SOW  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.

Deliverable Number: DED-10
Deliverable Name: Go-Live Plan and Checklist (WBS 4.2) Phase: 1, 2, 3 Objective: Identify all tasks that will need to be completed for Go-live. Checklist will provide cutover timelines to cease processing in the legacy system, timeline for final conversions, contingency processing plans and instructions for decentralized departments.

Scope: Implementation will provide the Client with a checklist of items needed to be completed for Go-Live Format: MS Word; MS Project
Outline:

Sample activities from a Payroll Go-Live Checklist:
 Validate process of starting a payroll, switch T & A users  Review Dept. Time & Attendance process, proof reports  Verify GL Distribution Posting correctly- Finance Dept. approval  Verify appropriate permission levels on General, Time & Attendance and Payroll Run Processing for all users
Checklist columns:
 Item ID
 Activity
 Owner
 Date Verified
 Client Approval (initials)
 Notes/Comments
Client Role:
 Review and complete the list of items required for go-live.

Tyler Role:
 Provide Client with a list of items required for completion for the go-live, by phase.

Acceptance Criteria:
 The deliverable contains all the components specified in the Outline of this DED and the SOW  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.

Deliverable Number: DED-11
Deliverable Name: Custom End User Training Guides (WBS 4.3) Phase: 1, 2, 3 Objective: Provide custom training guides on major functions for end user training Exhibit E
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Deliverable Number: DED-11
Scope: Customized training guides for major functions current version that Client will implement. These guides are intended for end user training and do not encompass all processes and configuration of the Enterprise ERP system. The following processes/programs will be documented in the training guides:
 Enterprise ERP General Topics for all Modules
 Navigation
 Enterprise ERP Office & Saved Reports
 Dashboard
 Tyler Content Manager SE
 Financials
 General Ledger
 GL Account Inquiry
 YTD Budget Report
 Purchasing & Requisitions
 Requisition Entry
 Attaching Documentation
 Requisition Approval
 PO Approvals
 PO Receiving
 PO Reports
 Accounts Payable
 Request for Check
 Invoice Entry /Proof
 Invoice Approvals
 AP Reports
 Vendor Central
 Budget
 NY Budget Entry
 NY Budget Reports
 Next Year Budget Detail Approval
 Budget Transfer and Amendments
 Budget Transfer and Amendments Approvals
 Project & Grant Accounting
 Project Reports
 Contract Management
 Contract Entry
 Attaching Documentation
 Contract Approvals
 Employee Expense Reimbursement
 Entering an Expense Claim
 Allocating an Expense Claim
 Approving an Expense Claim
 Enterprise ERP Accounts Receivable
 Applying a Payment to a General Bill
 Miscellaneous Cash Receipt Entry
 Accounts Receivable Payment Inquiry and Reports
 Customer Central
 Enterprise ERP General Billing
 GB Invoice Entry and Proof
 Payroll/Human Resources
 Overall Payroll Process
 Time Entry
 Time Entry Approval
Exhibit E
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Deliverable Number: DED-11
 Personnel Actions Process 1
 Actions Entry
 Actions Inquiry
 Recruiting – None
Format: MS Word
Outline:
 Overview of Function
 Detailed description of how to complete tasks in Enterprise ERP  Custom Training guides on major processes for end user training  Identification of options, fields, and functions built into the Tyler software.

Client Role:
 Review Custom Training Guides
 Distribute Custom Training Guides to end users
Tyler Role:
 Provide Custom Training guides for end-user training in SharePoint Folder.

Acceptance Criteria:
 The deliverable contains all the components specified in the Outline of this DED and the SOW  The custom training guides will be updated to reflect current features and functions in the software version that Client is implementing.
 The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.

Deliverable Number: DED-12
Deliverable Name: Post Project Report (WBS 6.2) Phase: 1, 2, 3 Objective: Provide comparison of contract Scope and project budget.

Scope: Contract Scope versus actual, analysis of services provided and remaining budget, identify any necessary Change Requests or project activity.

Format: MS Word and/or Excel
Outline:
 Detailed report for outlining contracted services and delivered services for the phase.

Client Role:
 Review and accept report
Tyler Role:
 Develop and deliver report
Acceptance Criteria:
 Acceptance of services and budget analysis and plan for changes, if needed.  The deliverable contains all the components specified in the Outline of this DED and the SOW  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.

Deliverable Number: DED-13
Deliverable Name: Project Status Reports (throughout project) Phase: 1, 2, 3

1 Personnel Actions document does not include details for every different kind of personnel action type but does include instructions for selecting the type and generic steps for completion.

Exhibit E
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Deliverable Number: DED-13
Objective: To provide project team members with a current snapshot of the project and advise of upcoming activities.

Scope: Status report provided at least 18 hours before each scheduled status meeting for project team review and gathering updates in advance of the meeting. Updated status report with meeting notes and task updates provided within 18 hours of completion of the status meeting.

Format: PDF
Outline:
 Project Overview (% complete by stage graph)
 Agenda Items
 Recently Completed task list
 Calendar events starting soon
 Tasks starting soon
 Tasks in progress
 Tasks past due
 Conversion tasks past due
 Open items (Issues and Actions)
 Risk Register
 Budget Reconciliation
 Notes
Client Role:
 Review the status reports upon delivery
 Distribute status reports to project stakeholders, as applicable  Communicate changes to task status and percent of completion to Tyler Project Manager  Notify Tyler Project Manager of discrepancies or inaccuracies per the acceptance procedure defined in this SOW
Tyler Role:
 Provide a status report before and after each status meeting  Record tasks assigned, key decisions and unresolved items in appropriate PM tool (issues and actions, project plan)
 Acceptance Criteria:
 The deliverable contains all the components specified in the Outline of this DED and the SOW  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.  Sign-off is not required for this deliverable

Deliverable Number: DED-14
Deliverable Name: Site Reports (throughout project) Phase: 1, 2, 3 Objective: To provide project managers and team members with an update of what was covered during a scheduled implementation session.

Scope: Site report to be uploaded to Project Portal within 3 business days of completion of the scheduled session.

Consecutive days may be combined on one site report.

Format: PDF
Outline:
 Date, start and end times
 Modules covered
 Attendees
 Tasks assigned
 Daily summary
 Key decisions made
Exhibit E
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Deliverable Number: DED-14
 Unresolved items
Client Role:
 Review the site reports upon delivery
 Notify Tyler Project Manager of discrepancies or inaccuracies per the acceptance procedure defined in this SOW
Tyler Role:
 Provide a site report after each scheduled session (or consecutive sessions)  Record tasks assigned, key decisions and unresolved items in appropriate PM tool (issues and actions, project plan)
Acceptance Criteria:
 The deliverable contains all the components specified in the Outline of this DED and the SOW  The respective Tyler and Client project team members have resolved all material content and/or quality issues.
 The deliverable is free of formatting and spelling errors.  Sign-off is not required for this deliverable.

Enterprise ERP Standard 3rd Party Data Exchange & Application Programming Interfaces
Planning
An Integration is a real-time or automated exchange of data between two systems. Standard Data Exchange tools are available to fulfill Integrations with external systems by allowing Clients to get data in and out of the Tyler system. Data exchange tools can take the form of Imports and Exports, and Application Programming Interfaces (APIs)*. APIs may require additional licensing and may have some restrictions on use. Please refer to your licensing agreement for further information.

Imports and Exports
The Pittsburg and Tyler project manager(s) will work together to define/confirm which Imports and Exports are needed (if not outlined in the Agreement). Tyler will provide an Excel or ASCII file layouts for each Standard Data Exchange.

APIs*
Additional API licensing and data sharing agreements are required for integration with third-party applications. If APIs have been purchased, Tyler may provide integration assistance to understand API services and provide necessary support to complete the integration of Tyler software to the Pittsburg internal applications. Tyler will not provide any hands-on development unless expressly specified in the Agreement. It is Tyler’s responsibility to ensure the API services operate correctly. It is Pittsburg’s responsibility to fulfill integrations using Tyler’s API services and ensure operation of the third party API services.

STAGE 2 Current & Future State Analysis - Data Exchange Tyler Client
Exhibit E
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RACI MATRIX KEY:

R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (SMEs)
Department Heads
End Users
Technical Leads
Review Standard
or contracted
Data Exchanges

A R I I C C I C
Define or confirm
needed Data
Exchanges

I C C C A C C R

Validation
Tyler provides training on Data Exchange(s) (for both Import and Export, and APIs*) and Pittsburg tests each Data Exchange.

STAGE 3 Process Refinement – Data Exchange Validation
Tyler Client

RACI MATRIX
KEY:

R = Responsible
A =
Accountable
C = Consulted
I = Informed
Executive Manager
Implementation Manager
Project Manager
Implementation Consultant
Data Experts
Modification Services
Technical Services
Client Services
Executive Sponsor
Steering Committee
Project Manager
Functional Leads
Change Management Leads
Subject Matter Experts (SMEs)
Department Heads
End Users
Technical Leads
Train standard
or contracted
Data
Exchange(s)
processing in
Tyler software

A R I I C I I C
Coordinate 3rd
Party Data
Exchange
activities

I I I I A C C R
Test all
Standard 3rd
party Data
Exchange(s)

I I I I A C R C
* API services, available thru Enterprise ERP OpenAPI Toolkits and Connectors, are not part of the core Enterprise ERP applications and are only applicable if included in the license agreement.

Exhibit E
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Intentionally left blank.

Exhibit E
170

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Project Timeline
ERP Project Timeline
The Project Timeline establishes a target start and end date 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.

The following dates may be revised based on the date the Agreement is signed and further refined during the course of the project. Tyler requires up to forty-five (45) days to move from Agreement signing to the Initiate & Plan Stage.

Phase Functional
Area(s)
Modules Start Date Go-Live
Date
Post-Live
1 Core Financials

 Accounting
 Accounts Payable
 Budgeting
 Capital Assets
 Cash Management
 Contract Management
 eProcurement
 Purchasing
 Project & Grant Accounting
 Accounts Receivable
 General Billing
 Tyler Cashiering
 Notify
 Cashiering API
 GL API

October
2024
or as
defined in
the Project
Plan and
mutually
agreed upon
October
2025
or as
defined in
the Project
Plan and
mutually
agreed
upon
October-
November
2025
System Wide  Analytics & Reporting w
Executive Insights
Exhibit E
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 Enterprise Forms
 Content Manager Core
 Enterprise ERP Admin &
Security
 Snap Logic

2 Enterprise
Human
Resources
Management
 Payroll with Employee
Access
 Human Resources and
Talent Management
 Time & Attendance w/
Mobile Access
April 2025
or as
defined in
the Project
Plan and
mutually
agreed upon
April 2026
or as
defined in
the Project
Plan and
mutually
agreed
upon
April-May
2026

3 Utility Billing  Utility Billing CIS
 Utility Billing Meter
Interface
 Resident Access
April 2025
or as
defined in
the Project
Plan and
mutually
agreed upon
April 2026
or as
defined in
the Project
Plan and
mutually
agreed
upon
April-May
2026

Exhibit E
172
Exhibit F

1 Exhibit F
Functional Requirements

[REMAINDER OF PAGE INTENTIONALLY BLANK]

Functional requirements to be inserted.
173

Pages 129-141 of the Tyler Technologies
agreement are not included in this staff
report due to the proprietary and
confidenƟal nature of technical
informaƟon contained in these pages.
174

HUMAN RESOURCES

MANAGEMENT SUITE
for the public sector
175

Exhibit A
Order Form

NEOGOV Customer:

Governmentjobs.com, Inc. (dba "NEOGOV")
2120 Park Pl, Suite 100
El Segundo, CA 90245
United States
[email protected]
Sales Rep: Alan Paul
Pittsburg, City of (CA)
65 Civic Avenue
Pittsburg, CA 94565
USA

Quote Valid From: 11/8/2023 Quote Number: Q-13877
Quote Valid To: 8/31/2024 PaymentTerms: Annual,Net 30
Subscription Term in Months: 60

Employee Count: 350
Order Summary
Year 1 Incentive Applied to Bundle Rate
Service Description Start Date End Date Term Price (USD) Onboard Subscription 9/1/2024 8/31/2025 $4,221.20
Perform Subscription 9/1/2024 8/31/2025 $7,236.40
Learn Subscription 9/1/2024 8/31/2025 $9,166.40
eForms Subscription 9/1/2024 8/31/2025 $6,030.40
Single Sign On Subscription 9/1/2024 8/31/2025 $573.20
New Hire Export (IN+ON Data) Subscription 9/1/2024 8/31/2025 $640.40 Employee Import Subscription 9/1/2024 8/31/2025 $1,323.20 Document Export - Subscription 9/1/2024 8/31/2025 $1,200.00 Insight Subscription 12/15/2024 8/31/2025 $7,646.35
Year 1 Incentive Applied to Bundle Rate TOTAL: $38,037.55 Year 2 reduced Incentive continued bundle
pricing
Service Description Start Date End Date Term Price (USD) Onboard Subscription 9/1/2025 8/31/2026 $7,387.10
176
Service Description Start Date End Date Term Price (USD) Perform Subscription 9/1/2025 8/31/2026 $12,663.70
Learn Subscription 9/1/2025 8/31/2026 $16,041.20
eForms Subscription 9/1/2025 8/31/2026 $10,553.20
Single Sign On Subscription 9/1/2025 8/31/2026 $1,003.10 New Hire Export (IN+ON Data) Subscription 9/1/2025 8/31/2026 $1,120.70 Employee Import Subscription 9/1/2025 8/31/2026 $2,315.60 Document Export - Subscription 9/1/2025 8/31/2026 $2,100.00 Insight Subscription 9/1/2025 8/31/2026 $11,006.87
Year 2 reduced Incentive continued bundle pricing TOTAL: $64,191.47 Year 3 Incentive ends, Bundle rate only
Service Description Start Date End Date Term Price (USD) Onboard Subscription 9/1/2026 8/31/2027 $11,080.65
Perform Subscription 9/1/2026 8/31/2027 $18,995.55
Learn Subscription 9/1/2026 8/31/2027 $24,061.80
eForms Subscription 9/1/2026 8/31/2027 $15,829.80
Single Sign On Subscription 9/1/2026 8/31/2027 $1,504.65 Insight Subscription 9/1/2026 8/31/2027 $11,588.21
New Hire Export (IN+ON Data) Subscription 9/1/2026 8/31/2027 $1,681.05 Employee Import Subscription 9/1/2026 8/31/2027 $3,473.40 Document Export - Subscription 9/1/2026 8/31/2027 $3,150.00 Year 3 Incentive ends, Bundle rate only TOTAL: $91,365.11 Year 4 Renewal Cost
Service Description Start Date End Date Term Price (USD) Onboard Subscription 9/1/2027 8/31/2028 $11,713.83
Perform Subscription 9/1/2027 8/31/2028 $20,081.01
Learn Subscription 9/1/2027 8/31/2028 $25,436.76
eForms Subscription 9/1/2027 8/31/2028 $16,734.36
Single Sign On Subscription 9/1/2027 8/31/2028 $1,590.63 Insight Subscription 9/1/2027 8/31/2028 $12,261.21
New Hire Export (IN+ON Data) Subscription 9/1/2027 8/31/2028 $1,777.11 Employee Import Subscription 9/1/2027 8/31/2028 $3,671.88 177
Service Description Start Date End Date Term Price (USD) Document Export - Subscription 9/1/2027 8/31/2028 $3,330.00 Year 4 Renewal Cost TOTAL: $96,596.79
Year 5 Renewal Cost 2023 Q4 Incentive drops off year 3, regular renewal rate invoiced at renewal Service Description Start Date End Date Term Price (USD) Onboard Subscription 9/1/2028 8/31/2029 $12,347.01
Perform Subscription 9/1/2028 8/31/2029 $21,166.47
Learn Subscription 9/1/2028 8/31/2029 $26,811.72
eForms Subscription 9/1/2028 8/31/2029 $17,638.92
Single Sign On Subscription 9/1/2028 8/31/2029 $1,676.61 Insight Subscription 9/1/2028 8/31/2029 $13,025.88
New Hire Export (IN+ON Data) Subscription 9/1/2028 8/31/2029 $1,873.17 Document Export - Subscription 9/1/2028 8/31/2029 $3,510.00 Employee Import Subscription 9/1/2028 8/31/2029 $3,870.36 Year 5 Renewal Cost TOTAL: $101,920.14
Year 1 Incentive Applied to Bundle Rate
Service Description Start Date End Date Term Price (USD) Onboard Setup $3,600.00
Perform Setup $6,000.00
Learn Setup $6,000.00
eForms Setup $3,600.00
Single Sign On Setup $3,000.00
New Hire Export (IN+ON) Setup $6,600.00
Employee Import Setup $6,300.00
Document Export Setup $3,000.00
Insight Setup $0.00
Year 1 Incentive Applied to Bundle Rate TOTAL: $38,100.00 ORDER TOTAL (USD) : $430,211.06
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A. Terms and Conditions

1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement.

2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the “Effective Date”). Unless otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the Effective Date. This Ordering Document may not be modified or amended except through a written instrument signed by the parties.

3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.

4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications.

B. Special Conditions (if any).

"Pittsburg, City of
(CA)"

Signature:

Customer_DS1

Print Name:

CustomerName_DS1

Date:

CustomerDate_DS1
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1 SERVICES AGREEMENT

V071423

You agree that by placing an order through a NEOGOV standard ordering document such as an “Order Form”, “Service Order,” “Ordering Document,” “SOW” or other document mutually agreed by the parties detailing the services, pricing and subscription term (each, an “Order Form” for purposes of this Agreement ), you agree to follow and be bound by the terms and conditions set forth herein. “Governmentjobs.com”, “NEOGOV”, “we”, and “our” means Governmentjobs.com, Inc. (D/B/A/ NEOGOV), for and on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, “NEOGO V” and, where applicable, its other affiliates; “Customer”, “you”, “your” means the NEOGOV client, customer, and/or the subscriber identified in the Order Form).

“Services Agreement” or the “Agreement” shall be used to collectively refer to this NEOGOV Services Agreement, documents incorporated herein including the applicable Order Form , each Addendum (as applicable) , and Special Conditions (if any). “Addendum” means each Addendum set forth either as an Exhibit hereto or otherwise made available at https://www.neogov.com/service-specifications (the “NEOGOV Site”) and, as applicable, made a part of this Agreement. “Special Conditions” means individually negotiated variations, amendments and/or additions to this Service Agreement of which are either drafted, or incorporated by reference, into the Order Form.

1. Provision of Services. Subject to the terms of this Agreement NEOGOV hereby agrees to provide Customer with access to its SaaS Applications and Professional Services (each defined below) included or ordered by Customer in the applicable Order Form (collectively referred to as the “Services”). This Agreement entered into as of the earlier of: (i) date of your signature on an applicable Order Form ; or (ii) use of the Services commences (the “Effective Date”). The Agreement supersedes any prior and contemporaneous discussions, agreements or representations and warranties.

2. SaaS Subscription .

a) Subscription Grant. “SaaS Applications” means each proprietary NEOGOV web-based software-as-a-service application that may be set forth on an Order Form and subsequently made available by NEOGOV to Customer, and associated components as described in any written service specifications made available to Customer by NEOGOV (the “Service Specifications”). NEOGOV hereby grants to Customer a limited, non-exclusive, non-transferable, and non-sublicensable right to (i) onboard, access and use, and to permit Authorized Users to onboard, access and use, the SaaS Applications specified in the Order Form solely for Customer’s internal, non-commercial purposes; (ii) generate, print, and download Customer Data as may result from any access to or use of the SaaS Applications; and (iii) train Authorized Users in uses of the SaaS Applications permitted hereunder (these rights shall collectively be referred to as the “SaaS Subscription”). “Authorized Users” means (1) Customer employees, ag ents, contractors, consultants (“Personnel”) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Services Agreement and (2) for whom access to the Services has been purchased hereunder. You shall not exceed the usage limits (if any) as detailed in the user tier in the applicable Order Form. . You may not access the SaaS Applications for purposes of benchmarking or competitive purposes. You shall be responsible for each Authorized User’s access to and use of the SaaS Applications and compliance with applicable terms and conditions of this Agreement.

b) Subscription Term. Unless otherwise specified in an applicable Order Form, SaaS Subscriptions shall commence on the Effective Date and remain in effect for twelve (12) consecutive months, unless terminated earlier in accordance with this Agreement (the “Initial Term”). Thereafter, SaaS Subscriptions shall renew upon mutual agreement of the parties (each a “Renewal Term” and together with the Initial Term, collectively, the “Term”). The Term for the Services is a continuous and non-divisible commitment for the full duration regardless of any invoice schedule. The purchase of any Service is separate from any other order for any other Service. Customer may purchase certain Services independently of other Services. Your obligation to pay for any Service is not contingent on performance of any other Service or delivery of any other Service.

3. Customer Responsibilities. Customer will not, and will ensure its Authorized Users do not (a) make any of the Services available to anyone other than Authorized Users or use any Services for the benefit of anyone other than Customer and its Authorized Users, unless otherwise agreed in writing by the parties, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any of the Services, or include any of the Services in a service bureau or outsourcing offering, unl ess otherwise agreed in writing by the parties, (c) purposefully or knowingly use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the privacy rights, publicity rights, copyright rights, or other rights of any person or entity, (d) purposefully or knowingly use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses, (e) purposefully or knowingly interfere with or disrupt the integrity or performance of the Services (including, without limitation, activities such as security penetration tests, stress tests, and spamming activity), (f ) attempt to gain
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2 unauthorized access to the Services or its related systems or networks, (g) disassemble, reverse engineer, or decompile the Services, or modify, copy, or create derivative works based on the Services or any part, feature, function or user interface thereof, (h) remove the copyright, trademark, or any other proprietary rights or notices included within NEOGOV Intellectual Property and on and in any documentation or training materials, or (i ) use the Services in a manner which violates the terms of this Agreement, any Order Form or any applicable laws.

4. Professional Services. “Professional Services” shall mean professional services purchased by Customer as detailed in an applicable Order Form or NEOGOV Scope of Work (SOW) describing the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Professional Services may include training, implementation, and best practices of and concerning the SaaS Applications. Order Forms or SOWs must be signed by Customer before NEOGOV shall commence work. The following terms shall apply to all Professional Services:
a) Professional Services for initial product implementation or new user training purchased by a new Customer must be utilized within ninety (90) days of the Go
-Live date for such products. Training and assessment services purchased by Customers after the Go-Live date must be used within ninety (90) days of the applicable Order Form or SOW, provided that for training related to Insight assessment the training hours must be used within ninety (90) days of the assessment completion date. All Professional Services purchased by Customer must be utilized within twelve (12) months of the date of the applicable Order Form or SOW.
b) Customer agrees to provide assistance, cooperation, information, equipment, and data reasonably necessary to enable NEOGOV to perform the Professional Services (collectively, “Customer Cooperation”). Customer acknowledges that NEOGOV’s ability to provide Professional Services as set forth herein may be affected if Customer does not provide Customer Cooperation.
c) Each party shall designate a project manager who shall work together with the other party’s project manager to facilitate the efficient delivery of the Professional Services.

d) In order to change the description of Professional Services under a Statement of Work, Customer will submit a written request to NEOGOV specifying the proposed changes in detail and NEOGOV will provide an estimate of the charges and anticipated changes in the delivery schedule that will result from the proposed change. NEOGOV will continue performing the Professional Services in accordance with the applicable Statement of Work until the parties agree in writing on the change in scope of work, scheduling, and fees. NEOGOV shall not be responsible for a delay in the performance of the Services resulting from such change order.

5. Payment Terms.

a) Fees. Customer shall pay all Subscription, Onboarding and Set-Up fees (“Subscription Fees”) and Professional Service fees (“Professional Service Fees”, collectively the “Fees”) as set forth in an Order Form within thirty (30) days receipt of NEOGOV’s invoice. Fees shall be invoiced annually in advance and in a single invoice for each Term. Unless explicitly stated otherwise in an Order Form, all payments due under an Order Form are expressed in and shall be paid in U.S. dollars. Invoices shall be delivered to the stated “Bill To” party on the Order Form. Unless explicitly provided otherwise, once placed the Order Form is non- cancellable and sums paid nonrefundable. If any amount owing by Customer is more than 30 days overdue, NEOGOV may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full. If Subscription Fees are based upon the Authorized User or employee count as may be specified in an Order Form , NEOGOV shall notify Customer of any potential additional fee s and provide Customer an opportunity to bring usage level under compliance within terms of the Order Form. If Customer is unable to promptly comply wither Authorized User or employee counts, Customer and NEOGOV shall agree on additional fees and Customer shall owe NEOGOV supplemental Subscription Fees to the extent Customer exceeds the number of Authorized Users or employees set forth in the Order Form . Except as otherwise specifically stated in the Order Form, NEOGOV may change the charges for the Services with effect from the start of each Renewal Term by providing Customer with new pricing at least ninety (90) day notice prior to commencement of a Renewal Term. The new pricing shall be deemed to be effective if Customer (a) returns an executed Order Form to NEOGOV, or (b) remits payment to NEOGOV of the fees set forth in the invoice referencing the new pricing.

b) Taxes. Customer will pay all taxes, duties and levies imposed by all federal, state, and local authorities (including, without limitation, export, sales, use, excise, and value- added taxes) based on the transactions or payments under this Agreement, except those taxes imposed or b ased on NEOGOV’s net income or those exempt by applicable state law.

Customer shall provide NEOGOV with a certificate or other evidence of such exemption within ten (10) days after the Effective Date of this Agreement and thereafter upon NEOGOV’s request therefor. c) Purchase Orders. Any reference to a purchase order in an Order Form or any associated invoice is solely for Customer's convenience in record keeping, and no such reference or any delivery of services to Customer following receipt of any purchase order shall be deemed an acknowledgement of or an agreement to any terms or conditions referenced or included in any such purchase order. If a purchase order is delivered by Customer in connection with the purchase of Services, none of the terms and conditions contained in such purchase order shall have any effect or modify or supersede the terms 181

3 and conditions of this Agreement. NEOGOV’s failure to object to terms contained in any such purchase order shall not be a waiver of the terms set forth in this provision or in this Agreement.

6. Term and Termination.

a) Term. This Agreement shall commence on the Effective Date and shall remain in effect until all SaaS Subscriptions have expired and/or both parties have achieved full performance of Professional Services, unless it is terminated earlier in accordance with this Agreement.

b) Termination for Cause; Either Party may terminate this Agreement immediately if the other is in material breach of this Agreement and such breach is not cured within thirty (30) days following non-breaching party’s written specification of the breach. NEOGOV may temporarily suspend the Services immediately in the event the Services or Customer’s use of the Services provided hereunder pose a security risk to the Services, NEOGOV or any third party, or become illegal or contrary to any applicable law, rule, regulation, or public policy.

c) Effect of Termination. Upon expiration or any termination of this Agreement, Customer shall cease all use and refrain from all further use of the Services and other NEOGOV Intellectual Property. In the event of termination of the Agreement for any reason, and upon reasonable advance notice, NEOGOV shall promptly make all Customer Data available or accessible to Customer in the format of the database or other such format as may be mutually agreed upon, provided through secure method mutually agreed upon between Customer and NEGOV. Such Customer Data will be provided at no additional cost. Unless otherwise specified, following 90 days after expiration or termination of the Agreement NEOGOV may remove Customer Data from NEOGOV Services and without Customer consent or notice.

In the event of Customer’s Termination for Cause, Customer shall receive a prorated refund for any unused SaaS Subscriptions.

7. Audit Rights. Upon reasonable notice, NEOGOV or its agent shall have the right to audit Customer’s records relating to its compliance with this Agreement. Customer shall cooperate fully with this audit. All expenses , including any costs incurred by Customer associated with any such audit shall be paid by NEOGOV.

8. Maintenance; Modifications; Support Services . \

a) Maintenance, Updates, Upgrades. NEOGOV maintains NEOGOV’s hardware and software infrastructure for the Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database security. NEOGOV may in its sole discretion, periodically modify, Update, and Upgrade the features, components, and functionality of the Services during the Term. “Update” means any update, bug fix, patch or correction of the Services or underlying NEOGOV software that NEOGOV makes generally available to its customers of the same module, excluding Upgrades.

Updates are automatic and available upon Customer’s next login to the Services following an Update at no additional cost to Customer. “Upgrade” means any update of the Services or underlying NEOGOV software such as platform updates, and major product enhancements and/or new features that NEOGOV makes commercially available. NEOGOV shall have no obligation to provide Upgrades to customers and retains the right to offer Upgrades free of cost or on a per customer basis at additional cost. NEOGOV shall have no liability for, or any obligations to, investments in, or modifications to Customer’s hardware, systems or other software which may be necessary to use or access the Services due to a modification, Update, or Upgrade of the Services.

b) Program Documentation; Training Materials . “Program Documentation” shall mean all user guides, training, and implementation material, and Service descriptions provided by NEOGOV to Customer in connection with the Services.

NEOGOV hereby grants to Customer a non- exclusive, non-sublicensable, non-tra nsferable license to use, print, and distribute internally via non-public platforms, the Program Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Services. Primary training of NEOGOV Services is conducted by self- review of online materials. NEOGOV’s pre-built, online training consists of a series of tutorials to introduce the standard features and functions (the “Training Materials”). The Training Materials may be used as reference material by Customer Personnel conducting day-to-day activities.

c) Imp lementation. For Services requiring implementation, NEOGOV implementation supplements the Training Materials and is conducted off-site unless otherwise agreed in the Order Form. . The length of the implementation time is dependent on the type of Service and the Customer’s responsiveness. NEOGOV is not responsible or liable for any delay or failure to perform implementation caused in whole or in part by Customer's delay in performing it s obligations hereunder and, 182

4 in the event of any such delay, NEOGOV may, in its sole discretion, extend all performance dates as NEOGOV deems reasonably necessary.

d) Support. Phone support for the Services is available to Customer Monday through Friday, excluding NEOGOV holidays.

Customer may submit a request for online support for the Services 24 hours a day, seven days a week, and the NEOGOV support desk will acknowledge receipt of the request within a reasonable time. The length of time for a resolution of any problem is dependent on the type of case.

e) Limitations. Unless otherwise specified in the Order Form, this Agreement does not obligate NEOGOV to render any maintenance or support services that are not expressly provided herein, including, but not limited to data uploads, manual data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process consultation.

9. NEOGOV Intellectual Property . NEOGOV shall exclusively own all right, title and interest in and to all pre - existing and future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including any source code or object code) or Service Specifications related thereto, Updates or Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary rights embodied therein (collectively, the “NEOGOV Intellectual Property”). This Agreement does not convey or transfer title or ownership of the NEOGOV Intellectual Property to Customer or any of its users. All rights not expressly granted herein are reserved by NEOGOV. Other than recommendation use or as required by law, all use of NEOGOV trademarks must be pre-approved by NEOGOV prior to use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that functions as a source identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name, whether or not registered.

10. Data Processing and Privacy .

a) Customer Data. “Customer Data” shall mean all data that is owned or developed by Customer, whether provided to NEOGOV by Customer or provided by a third party to NEOGOV in connection with NEOGOV’s provision of Services to Customer, including Personnel data collected, loaded into, or located in Customer data files maintained by NEOGOV.

NEOGOV Intellectual Property, including but not limited to the Services and all derivative works thereof, NEOGOV Confidential Information, and Platform Data do not fall within the meaning of the term “Customer Data”. Customer exclusively owns all right, title, and interest in and to all Customer Data. Customer grants NEOGOV a license to host, use, process, display, create non -personal derivative works of, and transmit Customer Data to provide the Services.

NEOGOV reserves the right to disable Customer Data stored, transmitted or published by Customer using the Services upon receipt of a bona fide notification that such content infringes upon the intellectual p roperty rights of others, or if NEOGOV otherwise reasonably believes any such content is in violation of this Agreement.

b) Platform Data. “Platform Data” shall mean any anonymized data reflecting the access to or use of the Services by or on behalf of Customer or any user, including statistical or other analysis and performance information related to the provision and operation of the Services including any end user visit, session, impression, clickthrough or click stream data, as well as log, device, transaction data, or other analysis, information, or data based on or derived from any of the foregoing.

NEOGOV shall exclusively own all right, title and interest in and to all Platform Data. Customer acknowledges NEOGOV may compile Platform Data based on Customer Data input into the Services. Customer agrees that NEOGOV may use Platform Data to the extent and in the manner permitted under applicable law. Such anonymized data neither identifies Customer or its users, nor can Customer or any its users can be derived from such data.

c) Data Processing Agreement. To the extent Customer uses the Services to target and collect personal information f rom users located in the European Union, European Economic Area, or Switzerland (the “EU”) or the United Kingdom (“UK”), or has Authorized Users accessing the Services from the EU or UK, the terms of the NEOGOV Data Processing Addendum (“DPA”) made available on the NEOGOV Site is hereby incorporated herein by reference and made part of this Agreement.

d) Data Responsibilities.

i) NEOGOV will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Customer Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Customer Data by NEOGOV personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by applicable law, or (c) as Customer expressly permits in writing. Customer acknowledges and agrees that it is commercially reasonable for NEOGOV to rely upon the security processes and measures utilized by NEOGOV’s cloud infrastructure providers.
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5 ii) Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Data, including but not limited to compliance with applicable laws. NEOGOV will have no responsibility or liability for the accuracy of the Customer Data prior to receipt of such data into the Services. Without limiting the foregoing, Customer shall be solely responsible for and shall comply with all applicable laws and regulations relating to (a) the accuracy and completeness of all information input, submitted, or uploaded to the Services, (b) the privacy of users of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer Data relates; and (c) the collection, use, modification, alteration, extraction, retention, copying, external storage, disclosure, transfer, disposal, and other processing of any Customer Data.

NEOGOV is not responsible for lost data caused by the action or inaction of Customer or Authorized Users. Unless otherwise mutually agreed in writing, Customer shall not knowingly maintain any financial, health, payment card, or similarly sensitive data that imposes specific data security or data protection obligations within the Services.

Customer shall provide and institute industry standard tools and procedures required to ensure the security of its own information system and, more specifically, to prevent, detect and destroy the occurrence of any viruses.

e) Breach Notice. NEOGOV will notify Customer of unauthorized access to, or unauthorized use, loss or disclosure of Customer Data within its custody and control (a “Security Breach”) within 72 hours of NEOGOV’s confirmation of the nature and extent of the same or when required by applicable law, whichever is earlier. Each party will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If applicable law or Customer’s policies require notification of its Authorized Users or others of the Security Breach, at Customer’s request NEOGOV shall be responsible for such notification. Subject to the limitations set forth in Section 15 below, in the event of a Security Breach which is attributable to NEOGOV’s breach of this Section 10, NEOGOV shall provide a minimum of one (1) year of credit monitoring service for all affected Authorized Users..

f) Data Export, Retention and Destruction . Customer may export or delete Customer Data from the Services at any time during a Subscription Term, using the existing features and functionality of the Services. Customer is solely responsible for its data retention obligations with respect to Customer Data. If and to the extent Customer cannot export or delete Customer Data stored on NEOGOV ’s systems using the then existing features and functionality of the Services, NEOGOV will, upon Customer's written request, make the Customer Data available for export by Customer or destroy the Customer Data. If Customer requires the Customer Data to be exported in a different format than provided by NEOGOV, such additional services will be subject to a separate agreement on a time and materials basis. Except as otherwise required by applicable law, NEOGOV will have no obligation to maintain or provide any Customer Data more than ninety (90) days after the expiration or termination of this Agreement. Customer acknowledges that it is solely responsible for determining any retention requirements with respect to the Customer Data as required by applicable law and NEOGOV disclaims all liability in connection with such determination. In addition, to the extent Customer requests that NEOGOV retain Customer Data beyond the expiration of the retention period required by applicable law, rule or regulation, NEOGOV disclaims all liability in in connection with retaining such Customer Data including but not limited to any claims related to loss or destruction of such Customer Data.

11. Third Party Services. The Services may permit Customer and its Authorized Users to access services or content provided by third parties through the Services (“Third Party Services”). Customer agrees that NEOGOV is not the original source and shall not be liable for any inaccuracies contained in any content provided in any of the Third Party Services. NEOGOV makes no representations, warranties or guarantees with respect to the Third Party Services or any content contained therein. NEOGOV may discontinue access to any Third Party Services through the Services if the relevant agreement with the applicable third party no longer permits NEOGOV to provide such access. If loss of access to any Third Party Services (to which Customer has a subscription under this Agreement) occurs during a Subscription Term, NEOGOV will refund to Customer any prepaid fees for such Third Party Services covering the remainder of the Subscription Term.

12. Nondisclosure.

a) Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes its Customer Data. NEOGOV Confidential Information includes the NEOGOV Intellectual Property and the Services. The Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, (d) was 184

6 independently developed by the Receiving Party, or e) information subject to disclosure under applicable public records laws.

b) Obligations. The Receiving Party will : (i) use the same degree of care it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care); (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii i) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not less protective of the Confidential Information than those herein.

c) Exceptions. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.

d) Equitable Relief. The parties recognize and agree there is no adequate remedy at law for breach of the provisions of the confidentiality obligations set forth in this Section 12, that such a breach would irreparably harm the Disclosing Party and the Disclosing Party is entitled to seek equitable relief (including, without limitation, an injunction) with respect to any such breach or potential breach in addition to any other remedies available to it at law or in equity.

13. Representations, Warranties, and Disclaimers.

a) Mutual Representations. Each party represents and warrants to the other party that (i) it has full power and authority under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (ii) to its knowledge, the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, instrument or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over it.

b) Service Performance Warranty . NEOGOV warrants that a) it provides the Services using a commercially reasonable level of care and skill and in a professional manner in accordance with generally recognized industry standards for similar services. (b) it will perform the Services in a manner that complies with all applicable laws and regulations, and (c) when City requirements are included in an SOW, NEOGOV shall provide all Services and Work Products to comply with identified functional requirements.
c) In the event that any Service fails to conform to the foregoing warranty in any material respect, NEOGOV will, at its expense, promptly use commercially reasonable efforts to cure or correct such failure. In the event of NEOGOV’s failure to remedy the deficiency, the City shall be entitled to terminate the affected Service and NEOGOV shall refund the City for any fees paid for such Service subject to the warranty claim or whose benefit to the City was materially impacted by the warranty claim for the period following such termination.

d) No Other Warranty . EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS

AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, , AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE

SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY ERROR WILL BE CORRECTED.

e) Disclaimer of Actions Caused by and/or Under the Control of Third Parties . NEOGOV DOES NOT AND CANNOT

CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL

ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND

ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR WITH RESPECT TO ANY THIRD PARTY SERVICES.

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7 f) No Medical Advice. Through certain Services, NEOGOV may make certain telehealth related information available to Customer and/or facilitate user access to telemedicine, expert medical services, and/or emergency medical services.

NEOGOV is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers’ acts, omissions or for any content or communications made by them. The Services do not provide medical advice and do not create a healthcare provid er/patient relationship between Customer and NEOGOV or otherwise. Any Services, or content accessed from the Services, are for informational purposes only and do not constitute medical advice. Customer should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions, whether as a result of using Services or otherwise. NEOGOV IS NOT RESPONSIBLE OR LIABLE FOR

ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER TREATMENT OR INFORMATION THAT CUSTOMER OR ITS USERS MAY OBTAIN THROUGH THE USE OF THE SERVICES.

14. Indemnification.

a) Customer Indemnity. To the extent permitted by applicable law, Customer will defend and indemnify NEOGOV from and against any claim, demand, suit or proceeding made or brought against NEOGOV (i ) by a third party alleging that any Customer Data infringes or misappropriates such third party's intellectual property rights, (ii ) in connection with Customer’s violation of any applicable laws, or (iii ) any claim or allegation by any third party resulting from or related to Customer’s or any of its Authorized User’s breach of Section 3 of this Agreement.

b)
NEOGOV General Indemnity. NEOGOV agrees to indemnify, defend, and hold harmless Customer, its agents, officials, and employees from all third party claims and suits including court costs, attorney’s fees and other expenses caused by (i) the gross negligence or willful misconduct of NEOGOV, and (ii) any act or omission by NEOGOV in connection with this Agreement which results in death, bodily injury or damage to tangible personal property.

c) NEOGOV Intellectual Property Indemnity. Subject to subsections 14(b)(i) through 14(b)(iii) and 14(c) of this Section, if a third party makes a claim against Customer that any NEOGOV intellectual property furnished by NEOGOV and used by Customer infringes a third party’s intellectual property rights, NEOGOV will defend the Customer against the claim and indemnify the Customer from the damages and liabilities awarded by the court to the third-party claiming infringement or the settlement agreed to by NEOGOV.

i) Alternative Resolution. If NEOGOV believes or it is determined that any of the Services may have violated a third party’s intellectual property rights, NEOGOV may choose to either modify the Services to be non-infringing or obtain a license to allow for continued use. If these alternatives are not commercially reasonable, NEOGOV may end the subscription or license for the Services and refund a pro-rata portion of any fees covering the whole months that would have remained, absent such early termination, following the effective date of such early termination.

ii) No Duty to Indemnify. NEOGOV will not indemnify Customer if Customer alters the Service or Service Specifications, or uses it outside the scope of use or if Customer uses a version of the Service or Service Specifications which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Services or Service Specifications which was provided to Customer, or if the Customer continues to use the infringing material after the subscription expires. NEOGOV will not indemnify the Customer to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by NEOGOV. NEOGOV will not indemnify Customer for any portion of an infringement claim that is based upon the combination of Service or Service Specifications with any products or services not provided by NEOGOV. NEOGOV will not indemnify Customer for infringement caused by Customer’s actions against any third party if the Services as delivered to Customer and used in accordance with the terms of the Agreement would not otherwise infringe any third-party intellectual property rights.

iii) Exclusive Remedy. This Section provides the exclusive remedy for any intellectual property infringement claims or damages against NEOGOV.

d) Indemnification Procedures. In order to receive the indemnities described hereunder, the indemnified party must: (i) promptly notify the indemnifying party, in writing, of any claim; (ii) cooperate reasonably with indemnifying party, at the indemnifying party’s expense, in the defe nse and/or settlement thereof; and (iii) allow the indemnifying party to control the defense and/or settlement thereof except that the indemnifying party may not, without the indemnified party’s prior written consent, enter into any settlement that does not unconditionally release the indemnified party from liability.

The indemnified party shall have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense, provided that ultimate control of such defense shall remain solely with the indemnifying party.
186

8 15. Limitations of Liability.

a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS

SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,

SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE

ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE

OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

b) CAP ON MONETARY LIABILITY. EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED, NEOGOV’s INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, NEOGOV’s GROSS NEGLIGENCE OR WILLFUL MISCONDUCT , NEOGOV’s BREACH OF SECTION 10 OF THIS AGREEMENT OR CUSTOMER’S OBLIGATIONS TO MAKE PAYMENT UNDER THIS

AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS

AGAINST THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO

BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL

OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY NEOGOV FROM CUSTOMER IN CONNECTION WITH THIS AGREEMENT IN THE 12 MONTH

PERIOD PRECEDING THE DATE OF THE EVENT INITIALLY GIVING RISE TO SUCH LIABILITY, OR $100,000, WHICHVER IS GREATER. WITH RESPECT TO NEOGOV’S BREACH OF SECTION 10 OF THIS

AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF NEOGOV FOR ANY AND ALL CLAIMS AGAINST

IT UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT,

TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY,

SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY NEOGOV FROM CUSTOMER IN CONNECTION WITH THIS AGREEMENT IN THE 24 MONTH PERIOD PRECEDING THE DATE OF THE EVENT INITIALLY GIVING RISE TO SUCH LIABILITY, OR $200,000, WHICHEVER IS GREATER .

THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THESE LIMITS.

16. Reimbursement of Costs in Third Party Litigation. With respect to any litigation or other court proceeding involving Customer and a third party, if any subpoena or other legally binding request related to such litigation or court proceeding is served to NEOGOV requesting copies of documents maintained by NEOGOV or otherwise requesting NEOGOV to appear as a witness in any capacity or provide testimony with respect to Customer’s documentation,

17. Text Message Communications . NEOGOV may offer Personnel the opportunity to receive text messages regarding job application or hiring process reminders, applicant status updates, or other human resource related notices. Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of any third parties to receive such text messages. To the extent you utilize text messaging features, NEOGOV shall not be responsible for your use of such features, and you shall indemnify NEOGOV with respect to any damages resulting from your use including but not limited any violations of applicable law. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.

18. Publicity. Unless otherwise provided in the applicable Order Form, NEOGOV may identify Customer as one of its customers and use Customer’s logo for such purposes, subject to any trademark usage requirements specified by Customer.

19. Force Majeure . Except for Customer’s payment obligations to NEOGOV, neither party shall be liable for any damages, costs, expenses or other consequences incurred by the other party or by any other person or entity for any act, circumstance, event, 187

9 impediment or occurrence beyond such party’s reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any law, rule, regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays; (e) unavailability of supplies or materials; (f) fire or explosion; (g) riot, pandemic, military action or usurped power; (h) actions or failures to act on the part of a governmental authority; (i) wide -spread internet service interruptions or slowdowns, vandalism or cyber-attacks, or (j) any other cause beyond the reasonable control of such party.

20. Independent Contractor; No Third Party Beneficiary; Fulfillment Partners. The relationship of the parties shall be deemed to be that of an independent contractor and nothing contained herein shall be deemed to constitute a partnership between or a joint venture by the parties hereto or constitute either party the employee or agent of the other. Customer acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties.

This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether referred to herein or not. NEOGOV may designate any third -party affiliate, or other agent or subcontractor (each a “Fulfillment Partner”), without notice to, or the consent of, Customer, to perform such tasks and functions to complete any Services.

21. Entire Agreement; Amendment; Addendum . This Services Agreement , the Exhibits hereto , each Addendum (as may be applicable pursuant to the terms therein ) and documents incorporated herein, the applicable Order Form , and Special Conditions (if any) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the parties with respect to such subject matter. It is exp ressly agreed that the terms of this Agreement and any NEOGOV Order Form shall supersede the terms in any non-NEOGOV purchase order or other ordering document. Notwithstanding the foregoing, any conflict of terms shall be resolved by giving priority in accordance with the following order: 1) Special Conditions (if any), 2) NEOGOV Order Form, 3) the NEOGOV Services Agreement , and 4) incorporated documents (including the Exhibits and each applicable Addendum and any Statement of Work). This Agreement supersedes the terms and conditions of any clickthrough agreement associated with the Services. This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the part ies to be bound. If you are subscribing for the HRIS or PowerEngage Platform, you hereby specifically agree to the terms of the applicable Addendum set forth on the NEOGOV Site.

22. General.
a) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to conflict of law rules. Any legal action or proceeding relating to this Agreement shall be instituted only in any state or federal court in Los Angeles, California.

b) Severability. If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect.

Provisions that survive termination or expiration are those relating to, without limitation, accrued rights to payment, acknowledgements and reservations of proprietary rights, confidentiality obligations, warranty disclaimers, and limitations of liability, and others which by their nature are intended to survive.

c) Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given either when personally delivered, one (1) business day following delivery by recognized overnight courier or electronic mail, or three (3) business days following deposit in the U.S. mail, registered or certified, postage prepaid, return receipt requested. All such communications shall be sent to (i) Customer at the address set forth in the Order Form and (ii) NEOGOV at the address specified in the applicable Order Form.

d) Waiver. The waiver, express or implied, by either party of any breach of this Agreement by the other party will not waive any subsequent breach by such party of the same or a different kind. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together shall constitute one and the same instrument.

e) Electronic Delivery. Delivery of a copy of this Agreement or an Order Form bearing an original signature by electronic mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the original signature.

f) Assignment. Customer may not assign this Agreement without the express written approval of NEOGOV A ny attempt at assignment in violation of this Section shall be null and void.

g) Construction. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, addendum, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. 188

10 h) Subcontractors. For purposes of this Agreement, including any subsequent documentation requested by Customer pursuant to this Agreement, subcontractors are those specifically hired to provide to NEOGOV some or all of the services that are the subject of this Agreement and who will have access to Customer personal data, and does not include the general provision of services or utilities which are also provided to NEOGOV’s other customers as well as Customer.

To the extent that NEOGOV intends to utilize any subcontractor specifically for the Services provided to Customer, NEOGOV shall promptly notify Customer and obtain Customer’s approval prior to such use. i) Conflict of Interest. NEOGOV may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place NEOGOV in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. NEOGOV shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

j) Records. NEOGOV shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to NEOGOV to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.

k) Nondiscrimination and Equal Opportunity. NEOGOV shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by NEOGOV under this Agreement. NEOGOV shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of NEOGOV thereby.

l) Licenses and Permits. NEOGOV represents and warrants to City that NEOGOV and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In add ition to the foregoing, NEOGOV and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

m) Consultant Not an Agent. Except as City may specify in writing, NEOGOV shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. NEOGOV shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

n) Insurance. Before beginning any services under this Agreement, NEOGOV, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement.

NEOGOV shall be fully responsible for the acts and omissions of its subcontractors or other agents. i) Workers’ Compensation. NEOGOV shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by NEOGOV in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that NEOGOV is a sole proprietor and does not have any employees and will not have any employees durin g the
term of this Agreement.
ii) Commercial General and Automobile Liability Insurance. (1) General requirements. NEOGOV, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence and $3,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
(2) Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. 189

11 (3) Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(a) The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis. (b) City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of NEOGOV, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles, leased, hired, or borrowed by NEOGOV. Coverage can be provided in the form of an endorsement to NEOGOV’s insurance.
(c) For any claims related to this Agreement or the work hereunder, NEOGOV’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of NEOGOV’s insurance and non-contributing. (d) The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
(e) NEOGOV agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount unless replaced by a policy with equal or better coverage. iii) Professional Liability Insurance.
(1) General requirements. NEOGOV, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering NEOGOV’s errors and omissions.
(2) Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(a) The retroactive date of the policy must be shown and must be before the date of the Agreement. (b) Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the Agreement or the work.
(c) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, NEOGOV must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement. iv) All Policies Requirements.
(1) Submittal Requirements. NEOGOV shall submit the following to City prior to beginning services:
(a) Certificate of Liability Insurance in the amounts specified in this Agreement; and (b) Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
(2) Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
(3) Wasting Policies. No policy required herein shall include a “wasting” policy limit (e.g. limit that is eroded by the cost of defense).
(4) Waiver of Subrogation. NEOGOV hereby agrees to waive subrogation which any insurer or contractor may require from NEOGOV by virtue of the payment of any loss. NEOGOV agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by NEOGOV, its employees, agents, and subcontractors.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date set forth below, and consent to the Agreement.

Customer GovermentJobs.com, Inc. (D/B/A/ NEOGOV), on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD,
LLC (D/B/A Agency360)
Entity Name:

190

12 Signature:

Signature:

Print Name:

Print Name:

Date:

Date:

191

13 Exhibit A
Government Customer Addendum

If Customer is a Government Customer, the following Government Customer Addendum (“ Government Addendum”) forms part of the
Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this Addendum and any other provision of the Services Agreement, the terms of this Government Addendum shall control. For purposes hereof, a “Government Customer” means a Customer which is a (a) U.S. Federal agency, (b) state government, agency, department, or political subdivision (including a city, county or municipal corporation), or (c) instrumentality of any of the foregoing (including a municipal hospital or municipal hospital district, police or fire department, public library, park district, state college or university, Indian tribal economic development organization, or port authority).

1. Applicability. The provisions of this Addendum shall apply only if Customer is a Government Customer under the Services Agreement.

2. Termination for Non-Appropriation of Funds. Customer has the right to terminate the Services Agreement following the initial year of the Term at no additional cost and with no penalty by giving prior written notice documenting the lack of funding for the subsequent year in the event Customer’s governing body does not appropriate funding for the Services Agreement. Customer will provide at least thirty (30) days advance written notice of such termination. It is expressly agreed that Customer shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement.

3. 4. Indemnification. If Customer is prohibited by federal, state or local law from agreeing to hold harmless or indemnify third parties, Section
14(a) and the indemnification provision included in Section 17 of the Services Agreement shall not apply to Customer, to the extent disallowed by applicable law.

5. Cooperative Purchasing. As permitted by law, it is understood and agreed by Customer and NEOGOV that any (i) federal, state, local, tribal, or other municipal government (including all administrative agencies, departments, and offices thereof); (ii) any business enterprise in which a federal, state, local, tribal or other municipal entity has a full, majo rity, or other controlling interest; and/or (iii) any public school (including without limitation K -12 schools, colleges, universities, and vocational schools) (collectively referre d to as the “New Entity”) may purchase the Services specified herein in accordance with the terms and conditions of this Agreement. It is also understood and agreed that each New Entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the New Entity and NEOGOV. With respect to any purchases by a New Entity pursuant to this Section, Customer: (i) shall not be construed as a dealer, re -marketer, representative, partner or agent of any type of NEOGOV, or such New Entity; (ii) shall not be obligated, liable or responsible for any order made by New Entities or any employee thereof under the agreement or for any payment required to be made with r espect to such order; and (iii) shall not be obliged, liable or responsible for any failure by any New Entity to comply with procedures or requirements of applicable law or to obtain the due authorization and approval necessary to purchase under the agreement. Termination of this Agreement shall in no way limit NEOGOV from soliciting, entering into, or continuing a contractual relationship with any New Entity. Any New Entity who purchases Services under this Section hereby represents that is has the authority to use this Services Agreement for the purchase and that the use of the Services Agreement for the purchase is not prohibited by law or procurement regulations applicable to the New Entity.

6. Subcontractors. For purposes of this Agreement, including any subsequent documentation requested by Customer pursuant to this Agreement, the term "subcontractors" shall exclude subcontractors (i) who perform routine software development and maintenance services which are not specific to the Customer, (ii) subcontractors who will not have any access to Customer Data, and (iii) subcontractors who have access to Customer Data solely within NEOGOV's or Customer's systems.

192

14 Exhibit B

Integration Terms Addendum
NEOGOV offers integrations and platform APIs for integrations to third party systems (“Integration Services”). Customer may use only those Integration Services purchased or subscribed to as listed within the NEOGOV Order Form. The following terms (the “Integration Terms Addendum”) shall apply to the extent that Customer utilizes a system integration between the Services and either: (a) an affiliated integrated service, including those found at https://api.neogov.com/connect/marketplace.html and/or https://apidocs.powerdms.com (“Affiliated API”) or to the extent that Customer utilizes a system integration between the Services and an unaffiliated third- party service (“Customer Application”) integrated using NEOGOV’s open API (“Open API”). Integration Services are not available for HRIS Services and this Exhibit B shall not apply to HRIS Services.

1. Provision of Integrations. Subject to and conditioned on compliance with all terms and conditions set forth in this Agreement, NEOGOV hereby grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the applicable Term to use and/or access the Affiliated API as described in this Agreement, or the Open API for communication between Customer’s human resource related third application(s) that will interoperate with NEOGOV Services (collectively these uses shall be referred to as the “API” or “Integration”). Customer acknowledges there are no implied licenses granted under this Agreement. NEOGOV reserves all rights that are not expressly granted.

Customer may not use the API for any other purpose without our prior written consent. Customer may not share the API with any third party, must keep the API and all log-in information secure, and must use the API key as Customer sole means of accessing the API.

2. Integration Intellectual Property. All right, title, and interest in the API and any and all information, data, documents, materials, inventions, technologies, know-how, descriptions, requirements, plans, reports, works, intellectual property, software, hardware, systems, methods, processes, and inventions, customizations, enhancements, improvements and other modifications based on or derived from the API are and will remain, as appropriate, with NEOGOV. All right, title, and interest in and to the third-party materials, including all intellectual property rights therein, are and will remain with their respective third-party rights holders subject to the terms and conditions of the applicable third-party license agreements. Customer has no right or license with respect to any third-party materials except as expressly licensed under such third-party license agreements.

3. Integration Terms of Use. Except as expressly authorized under this Agreement, you may not remove any proprietary notices from the API; use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; combine or integrate the API with any software, technology, services, or materials not authorized by NEOGOV; design or permit Customer Application(s) to disable, override, or otherwise interfere with any NEOGOV-implemented communications to end users, consent screens, user settings, alerts, warning, or the like; use the API in any of Customer Application(s) to replicate or attempt to replace the user experience of the Services; or attempt to cloak or conceal Customer identity or the identity of Customer Application(s) when requesting authorization to use the API.

4. Customer Integration Responsibilities. Customer, Customer developed web or other software services or applications, and Customer third-party vendors that integrate with the API (collectively the “Customer Applications”), shall comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://api.neogov.com/connect/index.html and/or https://apidocs.powerdms.com from time to time. In addition, Customer will not use the API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities.

5. Cooperation. If applicable, Customer shall timely provide such cooperation, assistance, and information as NEOGOV reasonably requests to enable the API. NEOGOV is not responsible or liable for any late delivery or delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under this Agreement. NEOGOV will provide Customer maintenance and support services for API issues arising from the information technology designed, developed, and under then current control of NEOGOV. NEOGOV shall have no obligation to provide maintenance or support for issues arising from the inaction or action of Customer or third parties of which are outside NEOGOV control.

6. Provision of Open API. In the event license fees or other payments are not due in exchange for the right to use and access the Open API, you acknowledge and agree that this arrangement is made in consideration of the mutual covenants set forth 193

15 in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein.

Notwithstanding the foregoing, NEOGOV reserves the right to cha rge for access with effect from the start of each Renewal Term by giving Customer at least ninety (90) day notice prior to commencement of a Renewal Term.

7. API Key. In order to use and access the Open API, you must obtain an Open API key through the registration process.

Customer agrees to monitor Customer Applications for any activity that violates applicable laws, rules and regulation, or any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior.

This Agreement does not entitle Customer to any support for the Open API. You acknowledge that NEOGOV may update or modify the Open API from time to time and at our sole discretion and may require you to obtain and use the most recent version(s). You are required to make any such changes to Customer Applications that are required for integration as a result of such Update at Customer sole cost and expense. Updates may adversely affect how Customer Applications communicate with the Services.

8. Efficient Processing. You must use efficient programming, which will not cause an overwhelming number of requests to be made in too short a period of time, as-determined solely by NEOGOV. If this occurs, NEOGOV reserves the right to throttle your API connections, or suspend or terminate your access to the Open API. NEOGOV shall use reasonable efforts to provide Customer notice and reasonable time to cure prior to taking such actions.

9. Open API Limitations . TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT

WILL NEOGOV BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT,

NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, LOST

PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF

BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN API; OR ANY DAMAGES, IN THE

AGGREGATE, IN EXCESS OF FIFTY DOLLARS, EVEN IF NEOGOV HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR NEOGOV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU

MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.

10. Open API Termination. Notwithstanding the additional Termination rights herein, NEOGOV may immediately terminate or suspend Customer access to Open APIs in our sole discretion at any time and for any reason, with or without notice or cause. In addition, your Open API subscription will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. 194
NEOGOV Statement of Work for
Pittsburg City, CA
Adding Onboard, eForms, Learn and Perform with Integrations to existing NEOGOV Insight system.

Project Objectives:

1. Keep Recruiting in NEOGOV

2. Add integrated Onboarding, eForms, Learn and Perform 195

3. Integration between and within Systems(NEOGOV, Munis, SSO)

4. Flow of Data - Reducing Redundancy and Data Entry

5. Easy Reports/Analytics, Documentation and Workflows

6. Public Sector Specific Functionality

7. System Automation

8. ESS/MSS and Mobile App

9. System Expandability ie Attract, Policy, etc.

Implementation Timeline by Product (Insight is already Live) 196

Overall Project Scope:

We will be providing and training the trainers at the City of Pittsburg, CA to setup and utilize Onboard, eForms, Perform and Learn Modules with flat file export integration of New Hire data and Employee Documents into an SFTP that Tyler can import. Also a flat file import of Employee Information from Tyler Munis and finally an SSO integration.

We will assign an implementation Project Manager and Implementation Consultant who’s talents, abilities and capacity align best with the objectives and timeline of Pittsburg City, CA

We don’t coordinate directly with Tyler Munis, we will work with appropriate team members of the City who will be able to coordinate with Tyler Munis as needed to ensure the transfer of data works as intended.

See product specific SOW’s below for details around Data imports where applicable.

Customer responsibilities
197
- Attend weekly calls with the IC
- Manage scheduling adjustments
- Complete self-guided trainings and complete tasks/deliverables in a timely manner - Own GuideCX task management (marking tasks complete in the project plan) - Responsible for training internal members on Onboard post implementation (train-the-trainer approach)
- Communicate with the NEOGOV project team via GuideCX (@mention Neogov, etc.)

Neogov responsibilities
Project Manager:
- Develops project plan and maintains oversight of the project - Addresses any risks/issues escalations that may hinder project implementation - Conducts project checks to ensure project is in healthy standing

Implementation Consultant:
- Conduct weekly meetings and manage system configuration - Provides guidance regarding Onboard product implementation as the SME - Serves as the primary contact point for the customer throughout implementation

I mplementa tio n Ov er v i ew
To achieve a high level of project success, and to ensure both an effective and timely i mpl ementati on f or our agenci es, N E OG OV uti l i zes a dedi cated pr of essi onal ser v i ces team and a tested and proven implementation approach. This approach has been continual l y r ef i ned and i s desi gned to pr ov i de the most ef f i ci ent and ef f ecti v e implementation while producing maximum user adoption and ongoing project success.

A s part of the implementation process, NE OGOV incorporates a staged implementation appr oach whi ch i s desi gned to ef f ecti v el y manage and str eaml i ne the pr ocess. T hi s staged implementation approach i s in the styl e of train -the -tra ine r. For a ll imple me nta tions, NEOGOV is proud to offer an implementation expert to facilitate the process.
198
Agency Staffing Requirements
During implementation, customers are responsible f or organizing a team consisting of at least one project manager and one administrator who will work with agency staf f and NEOGOV during the project. The project manager should be f ami liar with project plans and understand the tasks associ ated wi th managi ng a team, worki ng wi th a ti mel i ne, and interacting with an external vendor.

For an organization of 350 FTE, NEOGOV recommends 2 -4 primary system administrators, with 1-2 back-ups in the event of vacation, leave, etc. The system administrators are typically HR staff. The system administrators should attend all status check-ins with the NEOGOV implementation consultant. You may include IT in these meetings, but this is optional.

The system administrator should be familiar with using a computer and Internet Explorer or Google Chrome. Within the team there should be an understanding of the existing relevant processes and content as the team will be responsible for reviewing and revising, where necessary, the existing processes to incorporate the additional NEOGOV functionality.

Before You Begin
Prior to the scheduled project kick-off meeting, the NEOGOV Project Manager (PM)will deliver a series of documents to the client Project Manager which include login credentials to GuideCX (a client -facing project management tool), and the system specific Pre-implementation Questionnaires. GuideCX provides a checklist of each of the tasks per phase, responsibilities, due dates, and overall timelines associated with each of the deliverables.

NEOGOV recommends a weekly status check in to review the progress between both the IC and customer Project Manager and to review accomplished activities, completed deliverables, upcoming deliverables, and functionality questions.

At the kick-off meeting, NEOGOV will review the project implementation timeline with the customer and both parties will agree upon a Target Sign -Off date. This meeting is used to clearly define the roles, responsibilities, deliverables, and tasks, in addition to presenting a high-level overview of the Onboard system as laid out in this proposal. 199
Contingency timeframes are always incorporated into the project plan to allow for some proje ct time line fluctua tion. Ea ch of the ma jor d e live ra b le s in the time line incorpora te roughly a 10% contingency estimate added to each activity. Based on the overall timeline requirements and NEOGOV’s extensive history working with public sector and education agencies delivering this type of solution, we are confident that the timeline (including safe contingency planning estimates) will be successfully completed on ti me and within budget.

Onboard Objectives
The Onboard implementation process can take anywhere from 12 weeks, possibly longer/shorter, depending on any internal decisions yet to be made regarding the new hire processes.

A Project manager and an implementation consultant is assigned to your implementation and will serve as your point of contact to answer any of your questions and provide guidance. Your consultant will serve as your Onboard subject matter expert and is available to help and provide best practice advice on system functionality throughout the project.

Detailed Scope:

This implementation plan is designed to enable your organization to Sign -off with Onboard in 12 weeks. You'll use GuideCX as your step-by-step guide to track your progress and help you stay on track.

Milestone 1: Kickoff
This first milestone is the Project Kick -Off and being provided login credentials. (1 Week) Step 1: Kickoff
● R ev i ew G ui deCX , pr oj ect tr acki ng sy stem
● Schedule and attend kickoff call with your implementation contact ● Re ce ive login cre d e ntia ls for HR Ad min(s ) a nd te s t us e rs ● Re vie w pre limina ry que s tions with your imple me nta tion cons ulta nt ● Comple te Inte rna l Proce s s Ana lys is form
200
Milestone 2: Form Building
B egi n the sel f-paced Onboard system training and configuration. At the conclusion of this milestone, security permissions should be configured to ensure your employees, managers, HR Users and IT Users all have the appropriate system access. (3 Weeks) Step 2: Onboard Overview
● Watch the Best Practices tutorials (accessed in the Community). Review corresponding Onboard user guides as well.
● Re vie w the Ad minis tra tive Se ttings to configure cus tomiza ble e ma il notifica tions . ● Sche d ule a ca ll with your IC to re vie w & fina lize s e curity pe rmis s ions .

Step 3: Form Building
● Watch Form Building tutorials located in the Community. Review corresponding Onb oa rd us e r guid e a s we ll.
● Use Onboard intuitive form builder to configure dynamic and background forms.

Note that the Federal I 9 and W4 are built and maintained by NEOGOV. Y our I C will re vie w forms for a ccura cy.
● L og any questions or issues encountered in GuideCX
Step 4: Process Discussion
● W ork with your I C to determine if you will use preboarding, seasonal , onboarding, and integrations with other NEOGOV products.
● L og any questions or issues encountered in GuideCX .

M i l estone 3: L earn & Conf i gur e the Sy stem
Continue the self -paced Onboard system training and configuration. When you reach this mi lestone your system will be conf igured according to your processes. (3 Weeks) Step 5: Configure Checklists
● Wa tch the Che cklis ts tutoria ls (a cce s s e d in the Community). Re vie w corresponding Onboard user guides as well.
● Configure all necessary Checklists for your new hires. Checklists house the tasks your new hires, managers, I T, HR , payrol l, etc, will complete during onboarding. ● L og any questions or issues encountered in GuideCX . 201
Step 6: Configure Portal
● Watch the Portal tutorials ( accessed in the Community) . Review corresponding Onb oa rd us e r guid e s a s we ll.
● Conf igure the home portal to di splay your agency culture, and to welcome the new hire.
● L og any questions or issues encountered in GuideCX .

One-Time Data Import: Employees & Positions (Optional)
● Popula te (Exce l) e mploye e & pos ition d a ta workb ook with a ll re quire d fie ld s . ● Return file to IC for import (Note: average turnaround time is 10-20 business days, depending on errors encountered) .

Mile stone 4: Sys te m Va lida tion & Te sting
Continue to verify permissions and validate your setup before a final Production Review with your I C. Note: Status calls can be scheduled with your I C as needed. The final Production Re vie w ca ll is ma nda tory be fore e nrolling e mploye e s in course s a nd a ctivating user accounts. (3Weeks)
Step 7: Business Process Validation
● Compl ete end -to-end business process validation once all configuration and secur i ty setti ngs ar e compl ete.
● Watch the Onboarding Process tutorials ( accessed in the Community) . Review corresponding Onboard user guide as wel l.
● Practi ce onboarding a new hire, completing tasks ( f orms, videos, manual) , downloading f orms, and viewing reports.
● L og any questions or issues encountered in GuideCX .

Mile s to ne 5 : Ad d itio na l Co nne ctio ns (o p tio na l) Step 8: Review Optional Functions (1-2 Weeks)
● Review the I nsight to Onboard connection via the New Hire Feed Training

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Milestone 6: Production Environment Re vie w + Go Live
I n this step of the implementation process, you will be activating your users' accounts, and begin planning for training your end users on the process and use of the Onboard system. Y ou will be reviewing your system with your I mplementation Consultant to ensure the setup is correct and that you have successfully completed training. Upon s ucce s s ful prod uction re vie w, you will officia lly Go Live . You will a ctiva te your us e rs ' accounts, and train your end users on the process and use of the Onboard system. At this point, you will be transitioned from your I mplementation Consultant to NEOGOV Customer Success. (1 Week)

Step 9: Production Environment Review
● See pr oducti on r ev i ew checkl i st ( separ ate tab i n the checkl i st) to ensur e al l deci sion points have been addressed and all conf iguration has been completed. ● R eview the Customer L ed Demo li st in preparation f or demoing on the Production Re vie w ca ll.
● Schedule and conduct final production review prior to launching to all users or a pilot group. NOTE: Ma ke a ny fina l syste m configura tion a djustme nts. ● Fi nal acceptance.

Step 10: Go Live
● Ha ve IT white lis t a ll IP a d d re s s e s a nd e ma ils from NEOGOV (d ocume nt with e ma ils a nd IP a dd re s s will b e provid e d b y IC) ● Confirm with your IC tha t e ma il notifica tions a re s witche d on. NOTE: This MUST b e done bef ore accounts can be acti vated.

Step 11: End User Training
● Customer A dmi n to del i v er tr ai ni ng to H R user s, manager s, and empl oy ees as necessary.
● Optiona l -
Can be del i v er ed onl i ne or onsi te wi th a N E OG OV Onboar d tr ai ner (a d ditiona l cos t a s s ocia te d ).
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Step 12: Post Go Live
● Project warranty period of 1 4 days during which the I mplementation Consultant will stay allocated to the project to provide any post go live support needed. ● At the end of the project warranty period,
○ Contact Customer Support for any technical, system -related support. ○ Contact Customer Success M anager f or any other support.

Ma jo r d e live ra b le s:

See Detailed Scope description above.

Task Name Resource
Name
Onboard Kick-Off Meeting Both
Receive login credentials for HR Admin(s) and test users Both Begin self paced Onboard system training and configuration Customer Configure Forms Customer
Configure Checklist(s) Customer
Configure Portal(s) Customer
Configure Administrative Settings Customer
Configure Security Permissions NEOGOV
Review the New Hire Feed Both
Review how to test and validate Both
Begin system validation and user testing. Test Onboard processes with sample new hires. Customer
204
Review testing results. Both
Populate employee data workbook with required f ields and provide to I C, or manually enter users and positions into the Onboard system ( optional) . Customer NEOGOV to complete import ( optional) . Employee W orkbook loaded within 5-1 0 busi ness days. NEOGOV
Prior to fina l ca ll, us e a ccompa nying prod uction re vie w che cklis t to e ns ure system readi ness f or go -live . Customer
Attend production review call and conduct the customer led demo. Both L aunch Online Application: Activate and assign courses and activate user and conduct end user training if necessary. Customer
K ey Tasks for the Customer to start the Onboard Implementation:

● G ather al l new hi r e f or ms and pr ocesses ( f i l l abl e f or ms, r ead-only PDFs, vide os, etc)
● G ather al l medi a f or the por tal ( pi ctur es of agency , l etter f r om the Ci ty M anager , handouts, links, etc) .
● Customers should have their onboarding process in place and internally discuss & decide on any changes they want to make .

eForms Objectives
The eForms implementation process can take anywhere from 10-14 weeks, possibly longer/shorter, depending on any internal decisions yet to be made regarding the employee processes as well as time commitment from the customer project team.

An implementation consultant is assigned to your implementation and will serve as your point of contact to answer any of your questions and provide guidance. Your consultant will serve as your eForms subject matter expert and is available to help and provi de best practice advice on system functionality throughout the project. 205
Detailed Scope:

This implementation plan is designed to enable your organization to Sign Off with eForms in 10-14 weeks. You'll use GuideCX as your step -by-step guide to track your progress and help you stay on track.

Milestone 1: Kickoff
This first milestone is the Project Kick -Off and being provided login credentials. (1 Week) Step 1: Kickoff
● R ev i ew G ui deCX , pr oj ect tr acki ng sy stem
● Schedule and attend kickoff call with your implementation contact ● Re ce ive login cre d e ntia ls for HR Ad min(s ) a nd te s t us e rs ● Re vie w pre limina ry que s tions with your imple me nta tion cons ulta nt ● Comple te Inte rna l Proce s s Ana lys is form
Mile s to ne 2 : EDMS & Fo rm Build ing
B egi n the sel f-paced eForms system training and configuration. During this stage the customer system admi nistrators are responsi ble f or dedicating time to learn and buil ding out EDM S and forms. With our “train the trainer” approach, it is vital for the sy stem a d minis tra tors to commit to le a rning the s ys te m, which will ultima te ly s e t your te a m up for success. With this approach, our customers become Subject Matter Experts themselves a nd will b e s e lf-s ufficie nt a fte r Sig n-o ff. (3-4 Weeks) Step 2: eForms New User and Admin Training
● Wa tch e Forms Se rie s B Tutoria ls , Mod ule 1 (Cre a ting Dyna mic Forms ) a nd Mod ule 2 ( Creating Background Forms) ( accessed in the Community) . Review corresponding eForms user guide as well.
● L og any questions or issues encountered in GuideCX .

Step 3: Employee Document Management System
● Create custom f older structures to organize completed employee f orms ● Upload employee documents to employee’ s document f older 206
● L og any questions or issues encountered in GuideCX .

Step 4: Form Building
● Watch Form Building tutorials located in the Community. Review corresponding eForms user guide as well.
● Use eForms’s intuitive form builder to configure dynamic and background forms.

Your IC will review forms for accuracy.
● Log any questions or issues encountered in GuideCX.

Milestone 3: Process Building
Begin the self-paced eForms system training and configuration. At the conclusion of this milestone, security permissions should be configured to ensure your employees, managers, HR Users and custom roles all have the appropriate system access. (2-3 Weeks)
Step 5: Administrative Settings and Best Practices
● Watch the Best Practices tutorials (accessed in the Community). Review corresponding eForms user guides as well.
● Review the Administrative Settings to configure customizable email notifications, configure company announcements, upload agency logo, and customize self service portal.
● Review & finalize security permissions with your IC.

Step 6: Configure Processes
● Watch the Processes Builder tutorials (accessed in the Community). Review corresponding eForms user guides as well.
● Configure all necessary Processes for your new hires. Use the Process Builder to automate your Qualifying Life Event, Tuition Reimbursement, Outside Employment, Emergency Contact processes and more. Configure approval workflows, form tasks, and ad hoc noti fications.
● Log any questions or issues encountered in GuideCX.
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One-Time Data Import: Employees & Positions (Optional)
● Popula te (Exce l) e mploye e & pos ition d a ta workb ook with a ll re quire d fie ld s .

R eturn f ile to I C f or import ( Note: average turnaround 5-10 business days, depending on errors encountered) .

Mile stone 4: Sys te m Va lida tion & Te sting
Continue to verify permissions and validate your setup before a final Production Review with your I C. Note: Status calls can be scheduled with your I C as needed. The final Production Re vie w ca ll is ma nda tory be fore e nrolling e mploye e s in course s a nd a ctivating user accounts. (2-3 Weeks)
Step 7: Business Process Validation
● Compl ete end -to-end business process validation once all configuration and setti ngs ar e compl ete.
● Practi ce assigning processes, completing processes and all tasks incl uded, running reports, and more.

● L og any questions or issues encountered in GuideCX .

M ilestone 5: System M aintenance - R eports/Form
Ve rs io ning /No tifica tio ns

During this time, the I C will review with the customer features around maintaining the system such as reporting, form versioning and notification. This will set the customer up f or success as the system admi ni strator who wi l l be mai ntai ni ng the system post go-live . (1 Week)
Step 8: System Maintenance
● R eview reporting, form versioning, and notif i cations. ● L og any questions or issues encountered in GuideCX .

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Milestone 6: Production Environment Review
For this mi lestone of the implementation process, you wil l be activati ng your users' accounts, and training your end users on the process and use of the eForms system. (1- 2 Weeks)
Step 9: Production Environment Review
● See pr oducti on r ev i ew checkl i st to ensur e al l deci si on poi nts hav e been addressed and all configuration has been completed.
● R eview the Customer L ed Demo li st in preparation f or demoing on the Production Re vie w ca ll.
● Schedule and conduct final production review prior to launching to all users or a pilot group. NOTE: This ca ll is re quire d be fore Sign-Off. ● M ake any final system configuration adjustments.

Mile s to ne 7: Sig n-Off
Cus tome rs will s ign-off on the production environment indicating the system is ready to be used. (1-2 Days)
Step 10: Sign-off
● Ha ve IT white lis t a ll IP a d d re s s e s a nd e ma ils from NEOGOV (d ocume nt with e ma ils a nd IP a dd re s s will b e provid e d b y IC) ● Confirm with your IC tha t e ma il notifica tions a re s witche d on. NOTE: This MUST b e done bef ore accounts can be acti vated.

Mile stone 8: Pos t Sign-Off
Now that your organization is using I nsight, you can continue to add new features and functionality by accessing the trainings and FAQs in the Community and attending qua rte rly Insight ca lls. At this point, you will be tra nsitione d from your Imple me nta tion Consultant to NEOGOV Customer Success and you can begin training your end users so your employees and managers can use the system. Y our I mplementation Consultant will check -in with you, but any support questions should be directed to our Customer Support Te am. (1 Month)
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Step 11: Post Sign-Off
● 30 -Da y Ch e c k In
● Site adjustments
● W atch the tutorial on logging cases and contacting Customer Support.

Step 12: End User Training
● Customer A dmi n to del i v er tr ai ni ng to H R user s, manager s, and empl oy ees as necessary.
● Optiona l -
Can be del i v er ed onl i ne or onsi te wi th a N E OG OV eF or ms tr ai ner (a d ditiona l cos t a s s ocia te d ).

Go-Live
Step 13: Go-Live
● Afte r 3 0-Da y Che ck In is comple te , the cus tome r is officia lly Live . ● The Imple me nta tion Cons ulta nt will officia lly clos e off the proje ct. ● Continue to log cases and contact Customer Support.

Ma jo r d e live ra b le s :

See Detailed Scope description above.

Task Name Resource
Name
eForms Kick-Off Meeting Both
Receive login credentials for HR Admin(s) and test users Both Begin self paced eForms system training and configuration Customer Configure Forms Customer
Configure Employee Process(es) Customer
Configure Employee Document Management System Folder Structure Customer 210
Configure Administrative Settings Customer
Configure Se curity Pe rmis s ions NEOGOV
Review how to test and validate Both
Begi n system val i dati on and user testi ng. T est processes wi th test empl oy ees Customer
R ev i ew testi ng r esul ts. Both
Populate employee data workbook with required f ields and provide to I C, or manually enter users and positions into the eForms system. Customer NEOGOV to complete import. Employee W orkbook loaded within 5 -10 busi ness days. NEOGOV
Prior to fina l ca ll, us e a ccompa nying prod uction re vie w che cklis t to e ns ure system readi ness f or go -live . Customer
Attend production review call and conduct the customer led demo. Both L aunch eForms and assi gn processes to end users. Customer K ey Tasks for the Customer to start the eForms Implementation:

● Gather and map out all employee processes ( f i llable f orms, approval process, notifica tions , e tc)
● Ga the r a ll Employe e informa tion, Pos ition informa tion, De pa rtme nt, a nd Divis ions (if Employe e d a ta is not a lre a d y loa d e d in the s ys te m) ● Customers should have their employee process in place and internally discuss & decide on any changes they want to make
Learn Objectives
The Learn implementation process can take anywhere from 10 to 14 weeks, possibly longer/shorter, depending on any internal decisions yet to be made regarding the training.

An implementation consultant is assigned to your implementation and will serve as your point of contact to answer any of your questions and provide guidance. Your consultant 211
will serve as your Learn subject matter expert and is available to help and provide best practice advice on system functionality throughout the project.

Y ou will be given access to the Training environment first and will be advised to test and pra ctice in this e nvironme nt, b e fore going live in prod uction. If e ma il notifica tions a re something you have concerns about or would specif i cal ly like to test out wh ile you’re in the implementation phase, please discuss this with your consultant.

D etai l ed Scope:

This implementation plan is designed to enable your organization to Sign Off with L earn in 10 - 14 weeks. You'll use GuideCX as your step -by-step guide to track your progress and help you stay on track.

Milestone 1: Kickoff
This first milestone is the Project Kick -Off and being provided login credentials. (1 week) Step 1: Kickoff
● R ev i ew G ui deCX , pr oj ect tr acki ng sy stem
● Schedule and attend kickoff call with your implementation contact ● Re ce ive login cre d e ntia ls for HR Ad min(s ) a nd te s t us e rs ● R ev i ew preliminary questions with your implementation consultant ● Comple te Inte rna l Proce s s Ana lys is form
Mile s to ne 2 : Sys te m Ad min Tra ining
B egi n the sel f-paced L E system training and configuration. At the conclusion of this mi l estone, secur i ty per mi ssi ons shoul d be conf i gur ed to ensur e y our empl oy ees, managers, HR Users and custom rol es al l have the appropri ate system access. (2-3 Weeks)
Step 2: Admin Settings
● Wa tch Ad min Se ttings tutoria l (a cce s s e d in the Community). Re vie w corresponding L earn user guide as well.
212
● Configure Admin settings as necessary.
● L og any questions or issues encountered in GuideCX
Step 3: Process Decisions
● Work with your IC to determine if you will use associations, external learning, and integrations with other NEOGOV products.
● Log any questions or issues encountered in GuideCX.

Milestone 3: Learning and System Configuration
Use what you learned via the self paced tutorials and user guides to configure your system to your process needs. (2-3 Weeks)
Step 4: Configure Courses
● Watch Classroom Course, Pre -built Online and Custom Online tutorials. (accessed in the Community). Review corresponding Learn user guides as well. ● Configure all necessary Classroom, Pre -built Online and Custom Online courses. ● Log any questions or issues encountered in GuideCX.

Step 5: Import Courses from Global Catalog
● Review course catalog listing and decide which courses to import into your account.
● Configure attributes of these Pre -built Online courses as needed (e.g. self - enrollment, approvals, etc).
● Log any questions or issues encountered in GuideCX.

Step 6: Roster Updates
● Work with your IC to practice updating rosters for classroom courses. ● Log any questions or issues encountered in GuideCX.

Step 7: Security Permissions
● Schedule a call with your IC to review & finalize security permissions. 213
Milestone 4: System Validation and Testing
(3-4 Weeks)
Step 8: Enroll in Courses
● Watch the Enrolling tutorial ( accessed in the Community) . Review corresponding L ear n user gui de as wel l .
● Practice Enrolling in Classroom, Pre -built Online and Custom Online courses. ● L og any questions or issues encountered in GuideCX .

Step 9: Practice Taking Online Courses
● Watch Completing Courses tutorials ( accessed in the Community) . Review corresponding L earn user guide as well.
● Practice taking online courses.
● L og any questions or issues
encountered in GuideCX .

Step 10: Business Process Validation
● Compl ete end -to-e nd b us ine s s proce s s va lida tion in UAT/Tra ining once a ll conf iguration and security settings are complete.
● L og any questions or issues encountered in GuideCX .

Mile s to ne 5 : Da ta a nd Co nne ctio ns
Complete any one -time data import based on customer needs. Also set up the connection between L earn and Perform if the customer also has Perform module. (1-2 Weeks)
Step 11: One-Time Data Import
● Employees
● Pos itions
● His torica l Tra ining Import (ma x 15 k rows )
● Populate ( Excel ) data workbook with all required f ields. ● R eturn f ile to NEOGOV f or import ( Note: average turnaround 5-10 business days, depending on errors encountered) .

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Milestone 6: Production Environment Review
Continue to verify permissions and validate your setup before a final Production Review with your I C. Note: Status calls can be scheduled with your I C as needed. The final Prod uction Re vie w ca ll is ma nd a tory b e fore e nrolling e mploye e s in cours e s a nd activating user accounts. (1-2 Weeks)
Step 12: Production Environment Review
● See pr oducti on r ev i ew checkl i st ( attached i n G ui deCX ) to ensur e al l deci si on poi nts hav e been addr essed and al l conf i gur ati on has been compl eted. ● Schedule and conduct final production review prior to launching to all users or a pilot group. NOTE: This ca ll is re quire d be fore Sign-off. ● M ake any final system configuration adjustments.

Mile s to ne 7: Sig n-Off
Cus tome rs will s ign-off on the production environment indicating the system is ready to be used. (1-2 Days)
Step 13: Sign-off
● Ha ve IT white lis t a ll IP a d d re s s e s a nd e ma ils from NEOGOV (d ocume nt with e ma ils a nd IP a dd re s s will b e provid e d b y IC) ● Confirm with your IC tha t e ma il notifica tions a re s witche d on. NOTE: This MUST b e done bef ore accounts can be acti vated.
● W atch the tutorial on logging cases and contacting Customer Support.

Mile s to ne 8 : Po s t Sig n-Off
Now that your organization is using L earn, you can continue to add new features and functionality by accessing the trainings and FA Qs in the Community and attending quarterly L earn calls. Y our I mplementation Consultant will check -in with you, but any support questions should be directed to our Customer Support Team. (1 Month) Step 14: Post Sign-Off
● 30 -Da y Ch e c k In
● Site adjustments
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Step 15: End User Training
● Customer A dmi n to del i v er tr ai ni ng to H R user s, manager s, and empl oy ees as necessary.
● Optiona l - Can be del i v er ed onl i ne or onsi te wi th a N E OG OV L ear n tr ai ner (a d ditiona l cos t a s s ocia te d ).

Go-Live
Step 16: Go-Live
● Afte r 3 0-Da y Che ck In is comple te , the cus tome r is officia lly Live . ● The Imple me nta tion Cons ulta nt will officia lly clos e off the proje ct. ● Continue to log cases and contact Customer Support.

Ma jo r d e live ra b le s :

See Detailed Scope description above.

Task Name Resource
Name
Learn Kick-Off Meeting Both
Receive login credentials for HR Admin(s) and test users Both Begin self paced LE system training and configuration Customer Configure Admin Settings Customer
Configure Courses Customer
Enroll/Take Online Courses Customer
Test Roster Updates Customer
Configure course-specific advanced settings Customer
Configure Security Permissions NEOGOV
216
Review how to test and validate Both
Begi n system val i dati on and user testi ng. T est L earn processes wi th sampl e empl oy ees. Customer
R ev i ew testi ng r esul ts. Both
Populate employee data workbook with required f ields and provide to I C, or manually enter users and positions into the L earn system Customer NEOGOV to complete import ( optional) . Employee W orkbook loaded within 5-1 0 busi ness days. NEOGOV
Prior to fina l ca ll, us e a ccompa nying prod uction re vie w che cklis t to e ns ure system readi ness f or go -live . Customer
Attend production review call and conduct the customer led demo. Both L aunch Online Application: Activate and assign courses and activate users. Customer K ey Tasks for the Customer to start the Learn Implementation:

● I f Customer plans to import SCOR M f i les, gather those f iles. ● Customers should have their training process in place and internally discuss & decide on any changes they want to make .

Perform Objectives
The Perform implementation process can take anywhere from 12 to 16 weeks, possibly longer/shorter, depending on any internal decisions yet to be made regarding the training.

An implementation consultant is assigned to your implementation and will serve as your point of contact to answer any of your questions and provide guidance. Your consultant will serve as your Perform subject matter expert and is available to help and prov ide best practice advice on system functionality throughout the project. 217
Detailed Scope:

This implementation plan is designed to enable your organization to Sign Off with Perform in 12 - 16 weeks. You'll use GuideCX as your step -by-step guide to track your progress and help you stay on track.

Milestone 1: Kickoff
This first milestone is the Project Kick -Off and being provided login credentials. (1 Week) Step 1: Kickoff
● R ev i ew G ui deCX, project tracking system
● Schedule and attend kickoff call with your implementation contact ● Re ce ive login cre d e ntia ls for HR Ad min(s ) a nd te s t us e rs ● Re vie w pre limina ry que s tions with your imple me nta tion cons ulta nt ● Comple te Inte rna l Proce s s Ana lys is form
M i l estone 2: Process Di scussi on (2 Weeks)
Step 2: Perform Process Overview
● W atch I ntr o to Per f or m, Ser i es A : R equi r ed A dmi ni str ati v e Setup and Ser i es B :

Evaluation Program Setup ( accessed in the Community) . ● Eva lua tion Proce s s De mons tra tion
● Sub mit a nd Re vie w Eva lua tion re la te d d ocume nta tion ● L og any questions or issues encountered in GuideCX .

Step 3: Process Discussion
● Work with your IC to d e te rmine if you will us e De ve lopme nt Pla ns , Goa l M anagement, T al ent Pr of i l e, Sur v ey s, etc
● L og any questions or issues encountered in GuideCX
Mile s to ne 3: Sys te m Ad min Tra ining
B egi n the sel f-paced PE system training and configuration. At the conclusion of this phase, security permissions should be configured to ensure your employees, managers, HR Users al l have the appropri ate system access. (2-3 Weeks) 218
Step 4: Administrative Setup and Streamline Implementation Guide ● Wa tch Ad minis tra tive Se tup s e rie s and Quick Startup Guide tutorial ( accessed in the Communi ty ) . R ev i ew cor r espondi ng Per f or m user gui de as wel l . ● Compl ete the Str eaml i ne I mpl ementati on G ui de ● L og any questions or issues encountered in GuideCX
M i l estone 4: Conf i gur e Sy stem
Step 5: Configure Evaluation Programs (3-4 Weeks)
● Watch the Evaluation Program Setup tutorial series ( accessed in the Community) .

R ev i ew cor r espondi ng Per f or m user gui des as wel l . ● Configure a ll ne ce s s a ry Eva lua tion Progra ms . ○ I nput agency wide competencies, job specif i c competencies, goals, rating scales, etc.
○ Configure the evaluation process ( self ratings, rated ratings, signatures, approvals, etc)
○ Populate the assignments, who should receive which evaluations ( FT, PT, Fire , PD, Exe cutive s, e tc)
● L og any questions or issues encountered in GuideCX
Step 6: Configure HR Setup Functions
● Watch the Additional HR Setup Functions tutorial series ● Configure and customize the Administrative Settings, create Writing Assistances, configure Journal Entries settings, etc.
● L og any questions or issues encountered in GuideCX
Step 7: Security Permissions
● Sche d ule a ca ll with your IC to re vie w & fina lize s e curity pe rmis s ions .

One-Time Data Import: Employees & Positions (Optional)
● Popula te (Exce l) e mploye e & pos ition d a ta workb ook with a ll re quire d fie ld s . ● R eturn f ile to I C f or import ( Note: average turnaround 5-10 business days, depending on errors encountered) .
219
Milestone 5: System Validation & Testing
Continue to verify permissions and validate your setup before a final Production Review with your I C. Note: Status calls can be scheduled with your I C as needed. The final Production R eview cal l is mandatory bef ore creating evaluations f or employees and managers, and activating user accounts. (3 Weeks)
Step 8: Business Process Validation
● Compl ete end -to-end business process validation once all configuration and secur i ty setti ngs ar e compl ete.
○ Compl ete an ev al uati on as a test empl oy ee and manager to ensur e al l settings and content are correct

● L og any questions or issues encountered in GuideCX
Mile s to ne 6 : Pro d uctio n Enviro nme nt Re vie w
Step 9: Production Environment Review (1 Week)
● See pr oducti on r ev i ew checkl i st ( attached i n the G ui deCX ) to ensur e al l deci si on poi nts hav e been addr essed and al l conf i gur ati on has been compl eted. ● Schedule and conduct final production review prior to launching to all users or a pilot group. NOTE: This ca ll is re quire d be fore Sign-Off. ● M ake any final system configuration adjustments.

Mile s to ne 7: Sig n-Off
Cus tome rs will s ign-off on the production environment indicating the system is ready to be used.
(1-2 Days)
Step 10: Sign-off
● Ha ve IT white lis t a ll IP a d d re s s e s a nd e ma ils from NEOGOV (d ocume nt with e ma ils a nd IP a dd re s s will b e provid e d b y IC) ● Confirm with your IC tha t e ma il notifica tions a re s witche d on. NOTE: This MUST b e done bef ore accounts can be acti vated.
220
Milestone 8: Post Sign-Off
Now that your organization is using Perform, you can continue to add new features and functionality by accessing the trainings and FA Qs in the Community and attending quarterly Perform calls. Y our I mplementation Consultant will check -in with you, but any support questions should be directed to our Customer Support Team. (1 Month) Step 11: Post Sign-Off
● 30 -Da y Ch e c k In
● Site adjustments
● W atch the tutorial on logging cases and contacting Customer Support.

Step 12: End User Training
● Customer A dmi n to del i v er tr ai ni ng to H R user s, manager s, and empl oy ees as necessary.
● Optiona l -
Can be del i v er ed onl i ne or onsi te wi th a N E OG OV Per f or m tr ai ner (a d ditiona l cos t a s s ocia te d ).

Go-Live
Step 13: Go-Live
● Afte r 3 0-Da y Che ck In is comple te , the cus tome r is officia lly Live . ● The Imple me nta tion Cons ulta nt will officia lly clos e off the proje ct. ● Continue to log cases and contact Customer Support.

Ma jo r d e live ra b le s :

See Detailed Scope description above.

Task Name Resource
Name
Perform Kick-Off Meeting Both
Receive login credentials for HR Admin(s) and test users Both 221
Begin self paced PE system training and configuration Customer Configure Admin Settings Customer
Configure Performance Evaluation Customer
Configure Ra ting Sca le s Customer
Configure Se curity Pe rmis s ions NEOGOV
Review how to test and validate Both
Begin system validation and user testing. Test performance evaluations wi th sampl e empl oy ees. Customer
R ev i ew testi ng r esul ts. Both
Populate employee data workbook with required f ields and provide to I C, or manually enter users and positions into the Perform system Customer NEOGOV to complete import ( optional) . Employee W orkbook loaded within 5-1 0 busi ness days. NEOGOV
Prior to fina l ca ll, us e the a ccompa nying prod uction re vie w che cklis t to ensure system readi ness f or go -live . Customer
Attend production review call and conduct the customer led demo. Both L aunch Online Application: Create evaluations and activate users. Customer K ey Tasks for the Customer to start the Perform Implementation:

● Customers should have their performance evaluation process in place and internally discuss & decide on any changes they want to make. o M ake sure to review competencies, goals, rati ng scales, approval processes, frequencies, probation vs annual, etc.

222

Pay ment T er ms, Costs, M ai ntenance F ees wi th I ncreases Pr oj ected:

See order form and addendum for special terms and conditions.

On-going Support Structure:

NEOGOV has a team of experienced professionals ready to help you learn our products and answer your questions by phone, email, or logging a case. Our live Customer Support Team is available from 6:00 AM to 6:00 PM (Pacific), Monday through Friday (excluding NEOGOV holidays). During these phone support hours, you have an unlimited number of calls available. If you call outside of these hours, or if all our representatives are busy, simply leave a message and your ca ll will be returned once a team member is available.

There is no charge for calling into the Customer Support Team for help. Additional fees may apply if you choose to purchase additional onsite or online training in the future, or decide to attend the annual User Conference.

Escalation Procedures and Communication Plan:

When an issue is found to be a bug, a NEOGOV Customer Support representative will gather additional information from the user regarding the expected result and the steps to replicate the unexpected behavior. After a case has been escalated, the NEOGOV Customer Support representative will work with the customer to find a workaround for the issue so that the customer is not blocked in their processes while waiting for the issue to be resolved. If no workaround can be found, the resolution priority of the issu e will be impacted. Factors that affect a bug’s priority include how much of an effect the issue has on the customer’s workflow and how many customers are affected. In general, fixes for bugs are released along with the rest of the code changes in an enhan cement release. When the issue is resolved, a NEOGOV Customer Support representative will notify the customer of the resolution and close the support ticket. If the customer reaches out to Customer Support for an update, we can provide a status update if there is one, but exact release dates are not known until a week or so before resolution.

223

Pages 50-95 of the NEOGOV Agreement
are not included in this staff report due to
the proprietary and confidenƟal nature of
technical informaƟon contained in these
pages.
224
Combined Agency/City Council Minutes Page 1 of 3 August 05, 2024

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES

DATE: August 05, 2024

LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565

CITY COUNCIL/AGENCY MEMBERS
Juan Antonio Banales, Mayor/Chair
Jelani Killings, Vice-Mayor/Chair
Dionne Adams, Council/Agency Member
Angelica Lopez, Council/Agency Member
Shanelle Scales-Preston, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)

Mayor Banales called the regular meeting to order at 7:02 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA after having convened at 6:01 P.M. for a Special Meeting for Youth Advisory Commission Interview. Followed by convening in Closed Session at 6:07 P.M. for the following Closed Session:

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Section 54956.8 Property: 1000 Center Drive (APN 086-100-037); City Negotiators: Garrett Evans, Maria Aliotti, Jordan Davis
Negotiating Party: Discovery Builders, Inc.; Under Negotiation: Price and term of payment

3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION: Initiation of litigation pursuant to Section 54956.9(d)(4)
Number of cases: one

City Attorney Mooney reported the following action for Closed Session:

For Items 2 and 3, the City Attorney stated that City Council provided direction to staff and there was no reportable action.

ROLL CALL

Member Lopez was absent and excused.

PLEDGE OF ALLEGIANCE

Mayor Banales led the Pledge of Allegiance.

225
Combined Agency/City Council Minutes Page 2 of 3 August 05, 2024

PROCLAMATIONS

4. National Night Out

CITY MANAGER REPORTS/REMARKS

Assistant City Manager Aliotti gave an update on Community events.

PUBLIC COMMENTS

David Manly, Pittsburg, spoke in regard to safety at Buchanan Pool after an assault incident that affected his great niece while swimming in the pool.

Bruce Ohlson, Pittsburg, noted that City Hall main door was locked at 7pm when he tried to enter the building to attend the City Council meeting, he suggested staff look into what happened as other members of the public were able to enter minutes before him.

Mayor Banales apologized to Mr. Manly for the incident he described and asked City Manager Evans to reach out to Mr. Manly to schedule a meeting, so all three could discuss the matter further.

COMMITTEE REPORTS

Vice Mayor Killings attended the Pittsburg Arts and Community Foundation (PACF) subcommittee, as well as the City and School District (2x2) subcommittee meeting.

Council member Adams attended the Infrastructure & Transportation subcommittee meeting.

PUBLIC HEARING

5. Adoption of a City Council Resolution Amending the 2040 General Plan (Chapter 14) by Adopting Updates to the 2023-2031 Housing Element

Motion by Member Adams , seconded by Member Scales-Preston and adopted by the following vote:

AYES: Adams, Killings, Scales-Preston, Banales
ABSENT: Lopez

CONSIDERATION

6. Adoption of a City Council Minute Order Appointing Candidates to the Youth Advisory Commission

On motion by Member Scales-Preston, seconded by Vice Mayor Killings, to appoint Morriah Crose to the Youth Advisory Commission for the 2-year term beginning August 1, 2024, through May 31, 2026, or until their successors are appointed, and adopted by the following vote:

AYES: Adams, Killings, Scales-Preston, Banales
ABSENT: Lopez
226
Combined Agency/City Council Minutes Page 3 of 3 August 05, 2024 On motion by Member Adams, seconded by Member Scales-Preston, to appoint Loveleen Badhan to the Youth Advisory Commission for the 2-year term beginning August 1, 2024, through May 31, 2026, or until their successors are appointed, and adopted by the following vote:

AYES: Adams, Killings, Scales-Preston, Banales
ABSENT: Lopez

On motion by Vice Mayor Killings, seconded by Member Adams, to appoint Naleia Williams to the Youth Advisory Commission for the 2-year term beginning August 1, 2024, through May 31, 2026, or until their successors are appointed, and adopted by the following vote:

AYES: Adams, Killings, Scales-Preston, Banales
ABSENT: Lopez

On motion by Member Adams, seconded by Member Scales -Preston, to appoint Jacqueline Villasenor to the Youth Advisory Commission for the 2-year term beginning August 1, 2024, through May 31, 2026, or until their successors are appointed, and adopted by the following vote:

AYES: Adams, Killings, Scales-Preston, Banales
ABSENT: Lopez

CONFLICT OF INTEREST STATEMENT

There were no conflicts of interest statements.

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR

AGENCY CONSENT CALENDAR

On Motion by Vice Mayor Killings, seconded by Member Adams and adopted by the following vote:

AYES: Adams, Killings, Scales-Preston, Banales
ABSENT: Lopez

7. Minutes of July 1, 2024 and July 15, 2024

8. Adoption of a City Council Minute Order Approving a City Council Recess for Labor Day Holiday

9. Adoption of a City Council Resolution Designating a Voting Delegate and an Alternate for the League of California Cities 2024 Annual Conference and Expo

10. Adoption of a City Council Resolution Accepting the Plans and Specifications and Awarding Project 2028-Crestview Drive Safety Improvements

11. Adoption of a City Council Resolution Approving the Fiscal Year 2025 Business Improvement District Contract with the Pittsburg Chamber of Commerce

12. Adoption of a City Council Resolution Authorizing the City Manager to Execute an 227
Combined Agency/City Council Minutes Page 4 of 3 August 05, 2024 Agreement Between the City of Pittsburg and WBA Consulting & Investigative Services

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS

There were no requests for Future Agenda Items.

COUNCIL MEMBER REMARKS

Council Member Scales-Preston noted that she attended the 104th Anniversary celebration of First Baptist Church. She then thanked Branches of the Community for a successful backpack drive event. Lastly, she apologized to Mr. Manly [Public Speaker] for the incident that happened to his great niece at Buchanan Pool.

ADJOURNMENT

The meeting adjourned at 7:49 P.M. to August 19, 2024.

Respectfully submitted,

Alice E. Evenson, City Clerk
228

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Accepting Plans and Specifications and Authorize Award of Project 2038 – Citywide Roadway Improvements
MEETING DATE: August 19, 2024

EXECUTIVE SUMMARY
Project 2038 - Citywide Roadway Improvements (the “Project”) installs and upgrades traffic advisory signs with new fluorescent sheeting, moves existing signs to locations compliant with the Manual on Uniform Traffic Control Devices (MUTCD), and replaces damaged poles.

Project improvements also include modifications to edge-line and centerline striping along arterial roads throughout the City. If adopted, this resolution will accept the Project plans and specifications and award a construction contract to Pavement Coatings Co.

FISCAL IMPACT
The bid proposal from Pavement Coatings Co. is $1,837,109 for the Project. This total reflects the base bid in the amount of $1,760,577 plus Alternate “A” in the amount of $76,532. Funding for construction will be provided by the existing Project budget. No other funds will be required.

A Budget Summary is attached to this report.

RECOMMENDATION
Staff recommends that the City Council accept the plans and specifications and authorize the City Manager to execute a construction contract for the Project with Pavement Coatings Co., for a total amount not to exceed $1,837,109.

Staff recommends that the City Council allocate a construction contingency in the amount of $183,711 for any unanticipated costs and contract change orders. 229
Staff further recommends that the City Engineer be authorized to approve contract change orders in an amount not to exceed 50% of the construction contingency, and the City Manager be authorized to approve change orders in an amount not to exceed the approved project budget.

BACKGROUND
On August 28, 2020, staff applied to the California Department of Transportation (Caltrans) for a grant from the Highway Safety Improvement Program (HSIP) 10 Grant Program for traffic safety studies and improvements at multiple locations within the City; and On March 30, 2021, the City received notification from Caltrans that the grant application was approved in the amount of $2,965,700.

On August 16, 2021, the City Council adopted Resolution No. 21-13978 accepting the HSIP 10 Grant.

On July 11, 2024, staff advertised the Project for construction bids.

On August 1, 2024, 1 construction bid was received, and Pavement Coatings Co. was the lowest responsive, responsible bidder with a base bid in the amount of $1,760,577, plus Alternative “A” in the amount of $76,532 for a total amount of $1,837,109.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff have noted that numerous signs and striping are in need to be updated to the current regulations and standards. Installation and/or upgrades to the citywide signage and striping will enhance safety for pedestrians and motorists throughout the City.

The City received one (1) bid proposal for the construction of the Project. The low bid has been checked for arithmetical errors, completeness, and conformance with the bid requirements. The Pavements Coatings Co. was the lowest responsible bidder and is 2% over the engineer’s estimate.

ATTACHMENTS: Resolution
Project Budget Summary
Report Prepared By: Khristin Labao, Associate Engineer 230
Resolution No. 24- Page 1 of 2 August 19, 2024

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Accepting the Plans and Specifications )
And Awarding Project 2038 - Citywide ) RESOLUTION NO. 24- Roadway Improvements )
WHEREAS, Project 2038-Citywide Roadway Improvements (the “Project”) installs and upgrades traffic advisory signs with new fluorescent sheeting, moves existing signs to locations compliant with the Manual on Uniform Traffic Control Devises (MUTCD), and replaces damaged poles. Project improvements also include modifications to edge-line and centerline striping along arterial roads throughout the City; and WHEREAS, on August 28, 2020, staff applied to the California Department of Transportation (Caltrans) for a grant from the Highway Safety Improvement Program (HSIP) 10 for traffic safety studies and improvements at multiple locations within the City; and
WHEREAS, on March 30, 2021, the City received notification from Caltrans that the grant application was approved in the amount of $2,965,700; and WHEREAS, on August 16, 2021, the City Council adopted Resolution No. 21-13978 accepting the HSIP 10 Grant; and
WHEREAS, on July 11, 2024, staff advertised the Project for construction bids; and WHEREAS, on August 1, 2024, one (1) construction bid was received, and Pavements Coatings Co. was the lowest responsive, responsible bidder with a base bid in the amount of $1,760,577, plus Alternate “A” in the amount of $76,532 for a total of $1,837,109; and
WHEREAS, staff recommends that the City Council accept the plans and specifications; and
WHEREAS, staff recommends the City Council award a contract to Pavement Coatings Co. in the amount not to exceed $1,837,109 for construction of the Project; and WHEREAS, staff further recommends establishing a construction contingency in the amount of $183,711 for unanticipated costs and contract change orders; and WHEREAS, staff recommends that the City Engineer or his designee be authorized to approve contract change orders for a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve change orders for a total amount not to exceed the approved project budget.
231
Resolution No. 24- Page 2 of 2 August 19, 2024
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the plans and specifications, awards a contract to Pavement Coatings Co. in the amount of $1,837,109, authorizes a construction contingency in the amount of $183,711, authorizes the City Engineer or his designee to approve contract change orders for a total amount not to exceed 50% of the contingency, and authorizes the City Manager to approve change orders for an amount not to exceed 100% of the contingency.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of August 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
232
Project Funding
Highway Safety Improvement Program 10 Grant $2,965,700
Funding Total $2,965,700
Project Expenditures:

Design: Consultant Design $176,856
(Code 2122)
Subtotal $176,856
Miscellaneous: Advertising $1,000
(Code 1399) Reproduction $1,000
Subtotal $2,000
Construction:
(Code 2281) Construction $1,760,577
Alternative A $76,532
Construction Contingency (10%) $183,711
Subtotal $2,020,820
Staff Time: Staff Costs Durin g Design Phase $30,000
(Code 1101) $45,000
Subtotal $75,000
Administrative
Overhead: Staff Overhead Costs during Design $30,000
(Code 2372) $45,000
Subtotal $75,000
Estimated Total Expenditures $2,349,676
Remaining Funds $616,024
Staff Construction Management
Staff Overhead during Construction
Exhibit A - Project Budget Summary
Project 2038-HSIP 10 Citywide Roadway Improvements
233

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Adopting the Local Road Safety Plan
MEETING DATE: August 19, 2024

EXECUTIVE SUMMARY
For Project 2022-Local Road Safety Plan (LRSP), staff recommends the adoption of the LRSP to promote safety improvements within the City. The plan is the result of the evaluation of existing intersections and roadway segments. If adopted, this resolution will incorporate the improvements within the LRSP to future projects throughout the City.

FISCAL IMPACT
None from this action. Adoption of this plan will support the City’s future application for State and federal grants. As grant funds are secured, projects identified in the LRSP will be added to the City’s 5-Year Capital Improvement Plan.

RECOMMENDATION
City Council adopt the attached Resolution adopting the Local Road Safety Plan.

BACKGROUND
On October 19, 2019, the City applied for the Local Road Safety Program grant in the amount of $80,000 for the development of a LRSP within the City.

On February 11, 2020, the California Department of Transportation (Caltrans) awarded the Local Road Safety Program grant in the amount of $72,000 to the City and requires matching funds in the amount of $8,000.

On May 4, 2020, City Council adopted Resolution No. 20-13775 authorizing the acceptance of the Local Road Safety Program grant in the amount of $72,000 and the reallocation of $8,000 from Project 2220 for the development of the LSRP, establishing a project budget of $80,000.
234

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The LRSP is a comprehensive study to evaluate the existing roadway segments and intersections with a history of serious vehicular crashes. From the analysis, the plan identifies potential corrections to improve safety. Improvements include, but are not limited to, modifications to traffic signals, pedestrian countdown signals, installing roadway lighting, directional signs, raised pavement markers, and traffic hardware. Adoption of this plan will continue to assist staff in obtaining information to mitigate and address safety concerns.

ATTACHMENTS: Resolution
Local Road Safety Plan
Report Prepared By: Khristin Labao, Associate Engineer 235

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Adopting the Local Road Safety ) RESOLUTION NO. 24- Plan )
WHEREAS, Project 2022-Local Road Safety Plan (LRSP) will evaluate roadway safety issues and recommend safety improvements within the City based on an extensive study; and
WHEREAS, on October 19, 2019, the City applied for the Local Road Safety Program grant in the amount of $80,000 for the development of a LRSP within the City; and WHEREAS, on February 11, 2020, the California Department of Transportation (Caltrans) awarded the Local Road Safety Program grant in the amount of $72,000 to the City; and
WHEREAS, the LRSP grant requires matching funds from the City in the amount of $8,000; and
WHEREAS, on May 4, 2020, City Council adopted Resolution No. 20-13775 authorizing the acceptance of the Local Road Safety Program grant in the amount of $72,000 and the reallocation of $8,000 from Project 2220 for the development of the LSRP establishing a project budget of $80,000; and
WHEREAS, on July 24, 2024 staff received the final draft of the LRSP; and WHEREAS, staff requests that the City Council authorize the execution of the LRSP.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the Local Road Safety Plan.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th of August 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
________________________________
Alice E. Evenson, City Clerk
236
City of Pittsburg
Local Road Safety Plan
Final Report
July 2024
237
i

CONTENTS
EXECUTIVE SUMMARY ................................................................................................................................................................... 1 Report Organization ............................................................................................................................... ................................. 6

1. INTRODUCTION ........................................................................................................................................................................... 8 What is an LRSP? ....................................................................................................................................................................... 8 Goals and Objectives ............................................................................................................................................................... 9 Study Area .................................................................................................................................................................................... 11

2. SAFETY PARTNERS ............................................................................................................................... ........................................ 14

3. EXISTING PLANNING EFFORTS ............................................................................................................................................. 18

4. COLLISION DATA AND ANALYSIS ........................................................................................................................................ 26 Data Collection ........................................................................................................................................................................... 28 Collision Data Analysis Results ............................................................................................................................................. 28 F+SI Collisions ........................................................................................................................................................................... 33 Geographic Collision Analysis ............................................................................................................................................... 38 Collision Severity Weight ........................................................................................................................................................ 43 High Injury Network ................................................................................................................................................................. 45 Summary ....................................................................................................................................................................................... 49 238
ii

5. EMPHASIS AREAS ........................................................................................................................................................................ 52 The 4 E’s of Traffic Safety ........................................................................................................................................................ 53 Existing Traffic Safety Efforts in the City of Pittsburg ................................................................................................... 54 Factors Considered in the Determination of Emphasis Areas ................................................................................... 55

6. COUNTERMEASURE SELECTION ........................................................................................................................................... 63 Identification of Countermeasures ..................................................................................................................................... 63 Countermeasure Toolbox ............................................................................................................................... ........................ 63

7. VIABLE SAFETY PROJECTS ....................................................................................................................................................... 71

8. IMPLEMENTATION AND EVALUATION .............................................................................................................................. 76 Implementation ............................................................................................................................... ........................................... 76 Monitoring and Evaluation .................................................................................................................................................... 79 LRSP Update ............................................................................................................................... ................................................. 79 239
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FIGURES
Figure 1. Study Area ......................................................................................................................................................................... 11 Figure 2. Zoom Meeting from Stakeholder Meeting ........................................................................................................... 14 Figure 3. Pittsburg LRSP Project Website ................................................................................................................................. 15 Figure 4. Interactive Map Comment Responses ................................................................................................................... 16 Figure 5. Public Comments on Traffic Safety by Location ................................................................................................. 16 Figure 6. Injury Collisions City of Pittsburg (2015-2019) .................................................................................................... 27 Figure 7. Collisions by Severity (2015-2019) ........................................................................................................................... 28 Figure 8. Five Year Collision Trend ............................................................................................................................................... 29 Figure 9. Intersection and Roadway Collisions – All Collisions ......................................................................................... 30 Figure 10. Collision Type – All Collisions and F+SI Collisions ........................................................................................... 30 Figure 11. Violation Categories: All Injury Collisions and F+SI Collisions .................................................................... 31 Figure 12. Motor Vehicle Involved with: All Collisions and F+SI Collisions ................................................................. 31 Figure 13. Lighting Conditions: All Collisions and F+SI Collisions .................................................................................. 32 Figure 14. Weather Conditions: All Collisions and F+SI Collisions .................................................................................. 32 Figure 15. Time of Day: All Collisions and F+SI Collisions ................................................................................................. 33 Figure 16. F+SI Collisions: Roadway Segment and Intersection ...................................................................................... 33 Figure 17. F+SI Collisions (2015-2019) ...................................................................................................................................... 34 Figure 18. F+SI Collisions: Collision Type and Location ..................................................................................................... 35 Figure 19. F+SI Collisions: Violation Category and Location ........................................................................................... 35 Figure 20. F+SI Collisions: Motor Vehicle Involved With and Location ........................................................................ 36 Figure 21. F+SI Collisions: Lighting and Location ................................................................................................................ 36 Figure 22. F+SI Collisions: Time of Day and Location ........................................................................................................ 37 Figure 23. Nighttime Collisions (2015-2019) ........................................................................................................................... 39 Figure 24. Pedestrian Collisions (2015-2019) .......................................................................................................................... 40 Figure 25. Unsafe Speed Collisions (2015-2019) ................................................................................................................... 41 Figure 26. Hit Object Collisions (2015-2019) .......................................................................................................................... 42 Figure 27. Severity Index................................................................................................................................................................. 44 Figure 28. High Injury Network .................................................................................................................................................... 46 240
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TABLES
Table 1. Pittsburg Commute to Work Census Data ...................................................................................................... 12 Table 2. Collisions by Severity and Facility Type ............................................................................................................. 29 Table 3. EPDO Score used in HSIP Cycle 11 ..................................................................................................................... 43 Table 4. High Injury Intersections ........................................................................................................................................ 47 Table 5. High Injury Corridors ............................................................................................................................................... 48 Table 6. Existing Programs Summary ............................................................................................................................... ..54 Table 7. Emphasis Area 1 Strategies ................................................................................................................................... 56 Table 8. Emphasis Area 2 Strategies ................................................................................................................................... 57 Table 9. Emphasis Area 3 Strategies ................................................................................................................................... 58 Table 10. Emphasis Area 4 Strategies ................................................................................................................................. 59 Table 11. Emphasis Area 5 Strategies ................................................................................................................................. 60 Table 12. Emphasis Area 6 Strategies ................................................................................................................................. 61 Table 13. Potential Countermeasures Selected for City of Pittsburg ...................................................................... 64 Table 14. List of Viable Safety Projects .............................................................................................................................. 73 Table 15. List of Potential Funding Sources ..................................................................................................................... 77

APPENDICES
Appendix A: Summary Of Community Commnets
Appendix B: Summary Of Planning Documents
Appendix C: Consolidated High Injury Collision Database Appendix D: Local Roadway Safety Manual (LRSM) Excerpt
Appendix E: Countermeasure Toolbox
Appendix F: Highway Ssafety Improvement Program (HSIP) Analyser (B/C Ratio Calculation) 241
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GLOSSARY
4 E’s – Abbreviation for Education, Enforcement, Engineering, Emergency Medical Services (EMS): A traffic engineering approach for improving safety on the roadways.

ACS – Abbreviation for American Community Survey: A U.S. Census survey that helps local officials, community leaders, and businesses understand the changes taking place in their communities.

ADT – Abbreviation for average daily traffic: Refers to vehicle traffic volumes.

B/C Ratio – Abbreviation for benefit-cost ratio: Indicator used to quantify project benefits in relation to project costs.

LRSP – Abbreviation for local road safety plan. A document that provides a framework for identifying, analyzing, and prioritizing roadway safety improvements on local roads.

CRF – Abbreviation for crash reduction factor: The percentage of expected effect of a countermeasure or safety project to decrease collisions.

Collision Severity – Defined as the intensity of collisions typically in the following categories:
fatal (F), severe injury (SI), other visible injury and complaint of pain (Other), and property damage only (PDO).

EMS – Abbreviation emergency medical services.

EPDO – Abbreviation for equivalent property damage only.

FHWA – Abbreviation for Federal Highway Administration: The federal agency responsible managing the nation’s highway system, including bridges and tunnels.

F+SI – Abbreviation for fatal and severe injury collisions.

HSIP – Abbreviation for Highway Safety Improvement Program: A roadway safety funding program managed by Caltrans, California State Department of Transportation.

LRSM – Abbreviation for Local Roadway Safety Manual: A Manual for California’s Local Road Owners.

Primary Violation Factor/Primary Collision Factor – Defined as contributing causes of collisions.

SWITRS - Abbreviation for Statewide Integrated Traffic Records System: A database managed by California Highway Patrol that collects and processes data gathered from collision scenes.

TIMS - Abbreviation for Transportation Injury Mapping System: A collision database managed by UC Berkeley SafeTREC system.
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EXECUTIVE SUMMARY
The City of Pittsburg’s Local Road Safety Plan (LRSP) is a comprehensive plan that creates a framework to systematically identify and address safety issues prevalent to the City of Pittsburg’s jurisdiction. The analysis of crash history through the City’s transportation network allows for opportunities to improve safety and develop safety measures aligning with the 4 E’s of safety.

The LRSP takes a proactive approach to learn and reduce traffic accident fatalities and severe injury (F+SI) on public roads. It will be a living document, one that is routinely reviewed and updated every 5 years by City staff and their safety partners to reflect evolving collision trends and community needs and priorities. With the LRSP as a guide, the City will be able to apply for grant funds, such as the Federal Highway Safety Improvement Program (HSIP). The process and analysis performed in development of the City’s LRSP, including an analysis of collisions that occurred in Pittsburg, high-injury locations, and recommended countermeasures at each of these high-risk locations, are summarized in this LRSP.

GOALS OF THE LRSP
The goals are summarized as follows:
• Systematically identify and analyze active transportation conflict areas and recommend improvements.
• Improve the safety of all road users by using proven effective countermeasures. • Coordinate with key stakeholders to implement roadway safety improvements and response within Pittsburg.
• Continually leverage existing resources to secure additional funding for safety improvements. Seek consistent funding until the vision is fulfilled. 243
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• Assist in prioritizing investments in traffic safety for all Pittsburg residents.

PROCESS
The guidelines on the LRSP process is provided at both FHWA (Federal Highway Administration) and Caltrans (California Department of Transportation) level. The systemic approach in preparing the LRSP involves the following steps:
• Develop plan goals and objectives
• Analyze collision data
• Meet with stakeholders/safety partners
• Determine focus areas and identify crash reduction strategies • Prioritize countermeasures/projects
• Prepare the LRSP

COLLISION DATA
Collision data for a five year period spanning from January 1, 2015 through December 30, 2019 was collected from the University of California at Berkeley SafeTREC’s Transportation Injury Mapping Service (TIMS) and the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS). For the purpose of this report the data was analyzed to identify top collision trends such as location type (Intersection vs Roadway Segment), injury severity, collision type, traffic violations, mode of transportation, lighting and weather conditions etc.

COLLISION TREND
Below is the summarization of key findings on collision patterns and trends. The detailed information is provided in the Chapter 4.
• A total of 765 injury collisions occurred between 2015 and 2019. • There were 27 fatalities, 63 collisions resulted in severe injuries, 171 resulted in a visible injury, and 504 resulted in a complaint of pain injury. • The year 2015 had highest number of collisions with 217 injury collisions, and 2019 had the lowest number of injury collisions with 110 collisions. • The highest number of injury collisions occurred within 250 feet of an intersection (77%).
• Broadside and rear-end collisions, accounted for 30% and 24% of total injury collisions, respectively. 39% of F+SI collisions involved pedestrians. • Unsafe Speed accounted for 25% of all injury collisions, followed by automobile right of way violations (14%).
• Most of the F+SI collisions occurred between 5:00 p.m. and 6:00 p.m. • 58% of all injury collisions were motor vehicle involved with other motor vehicles 244
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followed by motor vehicle involved with a fixed objects or other objects (15%). • There were approximately a total of 99 injury collisions involves pedestrian and 34 involves bicycle during the study period.
• Top four collision trends for Pittsburg are nighttime collisions, pedestrian collisions, unsafe speed collisions, and hit object collisions.

HIGH RISK LOCATIONS
The collision analysis was performed on all city streets. The corridors were ranked to show the top 11 high-collision intersections and top 10 high-collision roadway segments.

Key findings of identifying high-risk intersections are as follows:
• There were a total of 69 injury collisions that occurred at intersections • There were 22 collisions that led to F+SI collisions
• The intersection of Bailey Road and Leland Road had the highest number of injury collisions overall (13 injury collisions)
Key findings of identifying high-risk roadway segment are as follows:
• There were a total of 208 injury collisions that occurred on roadway segments • There were 42 collisions that led to F+SI collisions
• Leland Road from Railroad Avenue to Century Boulevard had the highest number of injury collisions with 51

EMPHASIS AREAS
Emphasis areas are focus areas for the LRSP that are identified through the comprehensive collision analysis of the identified high injury locations within the City of Pittsburg. The six emphasis area identified for the City of Pittsburg are:
• Improve intersection safety (collisions within 250 feet of an intersection) • Improve pedestrian and bicycle safety
• Address rear-end collisions and unsafe speed violations • Address broadside collisions
• Address nighttime collisions
• Address hit object collisions
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VIABLE SAFETY PROJECTS
A set of six safety projects were created for the high-risk intersections and roadway segments. The countermeasures were based off of approved countermeasures from the Caltrans Local Roadway Safety Manual (LRSM) used in HSIP grant calls for projects. These safety projects are:
• Project 1 : Signalized intersections: Improve signal hardware: lenses, back-plates with retroreflective borders, mounting, size, and number, improve signal timing (coordination, phases, red, yellow, or operation), install raised pavement markers and stripping through intersection
• Project 2: Signalized Intersections: Install pedestrian countdown signal heads, Install advance stop bar before crosswalk, Modify signal phasing to implement a Leading Pedestrian Interval (LPI)
• Project 3: Unsignalized Intersections: Add intersection lighting, Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs • Project 4 : Roadway Segments: Install/upgrade pedestrian crossing (with enhanced safety features), Install Rectangular Rapid Flashing Beacon (RRFB) • Project 5 : Roadway Segments: Improve pavement friction (High Friction Surface Treatments), Install dynamic/variable speed warning signs • Project 6: Citywide Segment Lighting: Add segment lighting 246
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IMPLEMENTATION AND EVALUATION
The LRSP is a guidance document that is recommended to be updated every two to five years in coordination with the safety partners. The LRSP document provides the 4 E’s of safety: Engineering, Education, Enforcement, and Emergency Medical Service-related (EMS) countermeasures that can be implemented throughout the City to reduce F+SI collisions. It is recommended that the City of Pittsburg implement the selected projects in high-collision locations in coordination with other projects proposed for the City’s infrastructure development in their future Capital Improvement Plans. After implementing countermeasures, the performance measures for each emphasis area should be evaluated annually. The most important measure of success of the LRSP should be reducing F+SI collisions throughout the City. If the number of F+SI collisions does not decrease over time, then the emphasis areas and countermeasures should be re-evaluated. 247
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Report Organization
CHAPTER 1 – INTRODUCTION
The Introduction describes what an LRSP is and details the study area. It also summarizes the systemic approach involved in preparing the LRSP and goal and objectives of the plan.

CHAPTER 2 – SAFETY PARTNERS AND PUBLIC OUTREACH
Involvement of safety partners is critical in the success of the LRSP. For the City of Pittsburg, this included the City Staff, City Police Department, City Fire Department, Pittsburg Unified School District, Contra Costa Transportation Authority (CCTA), and Pittsburg residents.

This chapter summarizes the public outreach involvement of the stakeholders in the LRSP process.

CHAPTER 3 – EXISTING PLANNING EFFORTS
This chapter summarizes City and regional planning documents and projects that are relevant to the LRSP. It ensures that the recommendations of the LRSP are in line with existing goals, objectives, policies, or projects.

CHAPTER 4 – COLLISION DATA AND ANALYSIS
This chapter summarizes the collision data analysis approach and presents preliminary as well as detailed collision analysis and findings in the study area.

CHAPTER 5 – EMPHASIS AREAS
This chapter identifies the top six emphasis areas for the City and the safety strategies for each.

CHAPTER 6 – COUNTERMEASURE IDENTIFICATION
This chapter identifies the engineering countermeasures were selected for each of the high-risk locations and for the emphasis areas. These were based off of approved countermeasures from the Caltrans LRSM used in HSIP grant calls for projects. The intention is to give the City potential countermeasures for each high-risk location that can be implemented either in future HSIP calls for projects, or using other funding sources, such as the City’s Capital Improvement Program. Non-engineering countermeasures were also selected using the 4 E’s strategies, and are included with the emphasis areas.

CHAPTER 7 – SAFETY PROJECTS
This chapter summarizes the list of viable safety projects applicable to the high-risk intersections and roadway segments, along with the cost for implementation and their B/C Ratio.

CHAPTER 8 – IMPLEMENTATION AND EVALUATION
This chapter summarizes the process of implementation, monitoring, evaluation, and future updates.
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INTRODUCTION 1
What is an LRSP?
The LRSP is a localized data-driven traffic safety plan that provides opportunities to address unique roadway safety needs and reduce the number of F+SI collisions. The LRSP creates a framework to systematically identify and analyze traffic safety-related issues, and recommend safety projects and countermeasures. It facilitates the development of local agency partnerships and collaboration, resulting in the development of a prioritized list of improvements that can qualify for HSIP funding. The LRSP is a proactive approach to addressing safety needs and is viewed as a living document that can be constantly reviewed and revised to reflect evolving trends, and community needs and priorities.

PROCESS
The systemic approach in preparing the LRSP involves the following steps:
• Develop plan goals and objectives
• Analyze collision data
• Meet with stakeholders/safety partners
• Determine focus areas and identify crash reduction strategies • Prioritize countermeasures/projects
• Prepare the LRSP
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Goals and Objectives
GOAL 1: SYSTEMATICALLY IDENTIFY AND ANALYZE ACTIVE

TRANSPORTATION CONFLICT AREAS AND RECOMMEND IMPROVEMENTS Objective 1: Use the Systemic Safety Analysis data-driven process to identify traffic collisions in Pittsburg, (with an emphasis on F+SI collisions); where, when, and how they are occurring, and implement appropriate and proven countermeasures.

Objective 2: Improve roadway planning, design, operations, and connectivity to enhance safety and mobility for all modes, and for users of all ages and abilities.

Objective 3: Implement traffic calming strategies to discourage speeding and other unsafe driving behaviors on residential streets.

Objective 4: Ensure that all recommended improvements are consistent with City of Pittsburg goals, as well as State and Federal plans and goals (such as, but not limited to: California Strategic Highway Safety Plan, and the FHWA Local and Rural Road Safety Program).

Objective 5: Review existing City policies and recommend improvements to ensure that they meet current best practices in the realm of traffic safety.

GOAL 2: IMPROVE THE SAFETY OF ALL ROAD USERS BY USING PROVEN

EFFECTIVE COUNTERMEASURES
Objective 1: Identify safety issues and locations/hot spots where bicycle and pedestrian collisions occur in Pittsburg, and treat with appropriate and effective engineering countermeasures.

Objective 2: Provide educational programs for bicyclists, pedestrians, and motorists to inform on how to be safe in the public right-of-way; either through after-school programs, law enforcement programs, or other public/private sponsored programs.

Objective 3: Improve sidewalks, walkways, and crossings to be free of hazards and to minimize conflicts with vehicular traffic.

Objective 4: Prioritize improvements that promote Safe Routes to School efforts or are located near schools.
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GOAL 3: COORDINATE WITH KEY STAKEHOLDERS TO IMPLEMENT

ROADWAY SAFETY IMPROVEMENTS AND RESPONSE WITHIN PITTSBURG Objective 1: Coordinate between City Departments, Police Department, Fire Department, School District and EMS agencies to ensure a coordinated response to traffic safety, including:
• Implementation of safety improvements
• Public education on safely traveling in the public right-of-way, regardless of mode • Enforcement of traffic safety laws in the public right-of-way • Minimizing impacts to emergency response times
Objective 2: Coordinate with local, regional, and state partners (such as CCTA, Tri-Delta, BART etc.), to identify and address traffic safety issues and ensure a coordinated response.

GOAL 4: CONTINUALLY LEVERAGE EXISTING RESOURCES TO SECURE

ADDITIONAL FUNDING FOR SAFETY IMPROVEMENTS
Objective 1: Ensure the LRSP meets HSIP guidelines in order to apply for funding for identified countermeasures.

Objective 2: Provide a list of prioritized locations and improvements that guide City investments and grant funding applications.

Objective 3: Identify and prioritize specific types of countermeasures to address identified safety issues, for systemic implementation citywide.

Objective 4: Continually seek funding sources to implement engineering, education, enforcement, equity, and emergency response solutions to roadway safety issues in Pittsburg.

GOAL 5: ASSIST IN PRIORITIZING INVESTMENTS IN TRAFFIC SAFETY FOR

ALL PITTSBURG RESIDENTS
Objective 1: Utilize public input to identify traffic issues and locations and inform prioritization based on community desires and needs.

Objective 2: Provide a forum for residents to submit traffic safety related concerns; and for City staff and officials to respond to such concerns.

Objective 3: Where feasible, implement community outreach to inform the public about upcoming safety improvements and seek input regarding viability and impacts while building trust and confidence to actively participate in such decisions.

Objective 4: Ensure the consideration of equity when selecting where to make traffic safety improvements and establish metrics by which to make equitable decisions. 252
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Objective 5: Identify groups with a special interest in roadway safety and help build their capacity to support the city in outreach efforts, including Safe Routes to School and Safe Routes for Seniors Programs.

Study Area
The City of Pittsburg, located in Contra Costa County, California, covers a total area of 19.7 square miles, of which 17.6 square miles is land and 2.07 square miles is water, including the Contra Costa Canal and New York Slough Channel. Pittsburg is located on the southern shore of the Suisun Bay in the East Bay region of the San Francisco Bay Area, and is part of the Sacramento–San Joaquin River Delta area. The City’s estimated population is 76,416 (US Census 2020). Railroad Avenue, Leland Road, Willow Pass Road, 10th Street, and Buchanan Road are main thoroughfares that connect the City with nearby cities and State Route 4 (SR 4). The study area is mapped in Figure 1 below.

Figure 1. Study Area
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According to the five-year estimates from the American Community Survey (ACS) 2021 1 from the U.S. Census, 68% of Pittsburg commuters get to work by driving alone, more than both the Contra Costa County and State percentages. The second most common method of commuting to work in the City is carpooling at 14%. The different modes of transportation used by Pittsburg residents to commute to work are shown in Table 1 below.

Table 1. Pittsburg Commute to Work Census Data
Commute to Work Pittsburg Contra Costa County California Drive Alone 68% 57% 64%
Carpool 14% 9% 8%
Public Transportation 8% 3% 2%
Walked 1% 2% 2%
Work from Home 7% 28% 21%
Other 1% 2% 2%
Source: Data from the Census Bureau ACS 5-year Estimate 2021 1 https://data.census.gov/table?q=Pittsburg+city,+California&t=Transportation&tid=ACSDT5Y2021.B08141 254
2 SAFETY PARTNERS
2 SAFETY PARTNERS
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SAFETY PARTNERS2
Safety partners are vital to the development and implementation of an LRSP. For the City of Pittsburg, these include City Staff, City Police Department, City Fire Department, Pittsburg Unified School District, CCTA, and Pittsburg residents. These stakeholders attended a virtual stakeholder meeting, held on July 21, 2022 to review project goals, findings, and solicit feedback and comments. Figure 2 illustrates the power point presentation for the virtual Stakeholder Meeting.

Figure 2. Zoom Meeting from Stakeholder Meeting
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This stakeholder outreach was supplemented by a project website with an interactive platform. The interactive map was used to solicit input from City of Pittsburg residents and stakeholders outside the confines of traditional meetings. Figure 3 illustrates the landing page of the Pittsburg LSRP Project Website.

Figure 3. Pittsburg LRSP Project Website
In total, 57 comments were received through the project website and interactive map platform for Pittsburg. The most comments were received about West Leland Road, Harbor Street, and Railroad Avenue, with the most common concerns related to bicycle, pedestrian, and interesection safety. On the following page the results of the interactive map are shown in Figure 4, and summarized in Figure 5. In Figure 4, each dot and line (in blue color) represents a comment provided by a community member. 257
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Figure 4. Interactive Map Comment Responses
Figure 5. Public Comments on Traffic Safety by Location Note: Corridors with less than three comments are not listed in this summary. Categories with less than four comments are included in ‘Other’. Category was chosen based on the primary issue listed in the comment. Each comment was assigned to the major road if at an intersection.

The community comments collected through Interactive map platform is included in Appendix A.
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3 EXISTING

PLANNING EFFORTS
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EXISTING
PLANNING EFFORTS3
This chapter summarizes the planning documents, projects underway, and studies reviewed for the City of Pittsburg LRSP. The purpose of this memorandum is to ensure the LRSP vision, goals, and the 4 E’s strategies (Education, Enforcement, Engineering, and EMS are aligned with prior planning efforts, planned transportation projects, and non- infrastructure programs for the City. The documents reviewed are listed below:
• City of Pittsburg General Plan 2020
• Pittsburg Moves Active Transportation Plan (2021)
• City of Pittsburg Systemic Safety Analysis Report (2018) • Pittsburg Bay Point BART Master Plan (2011)
• City of Pittsburg Railroad Avenue Specific Plan (2009) • City of Pittsburg Traffic Calming Policy (2004)
• City of Pittsburg Five-Year Capital Improvement Plan (FY 2021/22 – 2025/26) • Contra Costa Countywide Bike and Pedestrian Plan (2018) • CCTA Transportation Expenditure Plan (2020)
• Contra Costa Countywide Transportation Safety Policy and Implementation Guide (2021)
• CCTA Countywide Comprehensive Transportation Plan (2017) • Contra Costa County Transportation Analysis Guidelines (2020) The following sections include brief descriptions of these documents and how they inform the development of the LRSP. A detailed list of relevant policies and projects is listed in Appendix B.
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CITY OF PITTSBURG GENERAL PLAN 2020
The General Plan transportation element identifies
long-range future transportation needs, primarily
through policies and standards to enhance
capacity and provide new linkages to further an
integrated multi-modal transportation system.

These goals and policies inform City’s LRSP to
improve roadway safety for active transportation
users while encouraging users to choose walking,
bicycling, and transit as a mode of transportation
in Pittsburg.

PITTSBURG MOVES ACTIVE TRANSPORTATION PLAN (2021)
Pittsburg Moves is a plan that was developed
by the City of Pittsburg to promote better
active transportation in the community. Active
transportation is any self-propelled, human-
powered form of transportation, such as walking
or bicycling. By prioritizing active transportation,
the City of Pittsburg hopes to improve its health,
mobility, livability, economy, and environment.

This document suggests various countermeasures
to elevate bicycle and pedestrian safety in Pittsburg
neighborhoods. The improvements identified in
this plan will inform the safety improvements and
strategies to be recommended in the City’s LRSP.

CITY OF PITTSBURG SYSTEMIC SAFETY ANALYSIS REPORT (2018) The City of Pittsburg System Safety Analysis Report
evaluates city wide crash trends and identify potential solutions. Based on the findings of the crash analysis, a local agency can develop a set of countermeasures
using specific criteria and proactively implement them
along major corridors and entire roadway network,
rather than focusing narrowly on intersections with
high crash history. The improvements identified in this plan will inform the safety improvements and strategies to be recommended in the City’s LRSP.
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PITTSBURG/BAY POINT BART MASTER PLAN (2011)
The Pittsburg/Bay Point BART Master Plan (the Master
Plan) guides the future development of approximately

50.6 acres adjacent to the Pittsburg/Bay Point BART
Station over the course of 20 years. This Master Plan
describes allowed land uses and densities, transportation and circulation improvements, pedestrian pathways
and improvements, urban design guidelines and
standards, infrastructure development and financing,
and phasing and implementation strategies and
guidelines. The improvements identified in this plan will inform the safety improvements and strategies to be
recommended in the City’s LRSP.

CITY OF PITTSBURG RAILROAD AVENUE SPECIFIC PLAN (2009)
The City of Pittsburg Railroad Avenue Specific Plan
encompasses a half-mile radius around the proposed
transit hub—a strategic location that is well positioned to capture future potential growth in the City. The Specific Plan will help guide that growth, while embracing
concepts of transit accessibility, pedestrian friendly
design, high-quality development, inclusiveness, and
sustainability to create a vibrant 21st Century hub for Pittsburg. The improvements identified in this plan will inform the safety improvements and strategies to be
recommended in the City’s LRSP.
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CITY OF PITTSBURG TRAFFIC CALMING POLICY (2004)
The City of Pittsburg’s Traffic Calming Policy details
a step by step process to respond to resident’s
complaints of speeding in residential neighborhoods.

The plan focuses on speed humps as a traffic calming
device, which aren’t HSIP approved countermeasures,
but also includes striping, signage and speed feedback
signs which are HSIP approved countermeasures. The
policy includes specific criteria around speed hump
installation and removal. The improvements identified
in this policy will inform the safety improvements and
strategies to be recommended in the City’s LRSP.

CITY OF PITTSBURG FIVE YEAR CAPITAL IMPROVEMENT PLAN
(FY 2021/22 – 2025/26)
The City of Pittsburg’s five-Year Capital Improvement
Program is a multi-year planning instrument for
construction of new facilities and infrastructure, and for the expansion, rehabilitation, or replacement of existing City-owned assets. The five-Year Capital Improvement
Program is developed by City Staff and is adopted by
the City Council as a guide for prioritization of various projects to accomplish community goals. The Capital
Improvement Program is updated regularly to reflect
changing priorities and funding availability, and to
remove projects that have been completed. These
improvements influence Pittsburg’s built and natural
environment and help guide the trajectory of future
growth or change. The improvements identified in this
plan will inform the safety improvements and strategies to be recommended in the City’s LRSP.
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CONTRA COSTA COUNTYWIDE BIKE AND PEDESTRIAN PLAN (2018) Revised in 2018, the Contra Costa Countywide Bike
and Pedestrian Plan entails new policies, best practices and standards developed over the last decade as well
as newly-adopted local active transportation plans.

This plan highlights the need of increased interest
and support for walking and bicycling. The plan also
includes the pedestrian and bicycle collision density,
design for pedestrian facilities, pedestrian priority area, level of traffic stress for bicycle users, and existing and proposed bicycle facilities. The improvements identified in this plan will inform the safety improvements and
strategies to be recommended in the City’s LRSP.

CCTA TRANSPORTATION EXPENDITURE PLAN (2020)
The 2020 Transportation Expenditure Plan is a carefully curated set of solutions designed to bring Contra
Costa’s transportation system into the future by
moving more people efficiently, encouraging mode
shift, and promoting shared mobility options for all.

The Transportation Expenditure Plan is intentionally
designed to be equitable across the entire County, based on population. This plan reflects the current progress
of transportation projects in Contra Costa County and
the commitment to pursuing transportation policies,
planning, and investments.
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CONTRA COSTA COUNTYWIDE TRANSPORTATION SAFETY POLICY AND IMPLEMENTATION GUIDE (2021)
This report layout a framework for Safety Policy and
implementation in Contra Costa County. The Safe
System Approach integrating multimodal equity
supports the Vision Zero goal of eliminating severe
injuries and fatalities. This approach is especially
critical for people using non-vehicular transportation
modes who lack the physical protection provided to
people traveling in multi-ton vehicles, which require
compliance with carefully designed and regulated
manufacturing requirements. CCTA launched their
Vision Zero Framework and Systemic Safety Approach
effort to serve as the basis for transportation planning, policy, design, construction, and funding throughout
Contra Costa County.

CCTA COUNTYWIDE COMPREHENSIVE TRANSPORTATION PLAN (2017) The 2017 Countywide Comprehensive Transportation
Plan provides the policy framework and steps necessary
for the CCTA to achieve its vision. It includes an analysis of challenges and opportunities; a definition of the
vision, goals, and strategies; and defines how the
Comprehensive Transportation Plan will be carried
out through a Long-Range Transportation Investment
Program and an Implementation Program, with
defined responsibilities and a schedule of activities. The Comprehensive Transportation Plan outlines the various
strategies for addressing transportation and growth
management issues within Contra Costa County.
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CONTRA COSTA COUNTY TRANSPORTATION ANALYSIS GUIDELINES
(2020)
The Contra Costa County Transportation Analysis
Guidelines are provided to aid in the preparation of
traffic analysis for project applicants and staff. The
purpose of this document is to establish a uniform
approach, methodology, and toolset to evaluate the
impacts of land-use decisions and related transportation projects on the County’s transportation system. This is a living document and is updated periodically to reflect newly acquired data and relevant policies . Capital
Road Improvement and Complete Streets policies
mentioned in this document will serve as a reference
while developing a City’s LRSP.
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4 COLLISION DATA

AND ANALYSIS
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26 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG

COLLISION DATA
AND ANALYSIS4
This chapter summarizes the results of the collision analysis of collisions that have occurred in the City of Pittsburg between January 1, 2015 and December 31, 2019, as part of the LRSP. This memorandum includes the following sections:
• Data Collection
• Collision Data Analysis
• F+SI Collision Analysis
• Geographic Collision Analysis
• High Injury Network
• Summary
The LRSP focuses on systemically identifying and analyzing safety issues and recommends appropriate safety improvements. The chapter starts with an analysis of the injury collisions for the City of Pittsburg. Further on, a detailed analysis was conducted for F+SI collisions that have occurred on the City’s roadways. After this data was segregated, a comprehensive evaluation was conducted based on factors such as collision severity, type of collision, primary collision factor, lighting, weather, and time of the day. Figure 6 illustrates all the injury collisions (excluding property damage only (PDO) collisions) that have occurred in the City from January 1, 2015 to December 31, 2019.
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27 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Figure 6. Injury Collisions City of Pittsburg (2015-2019) 269
28 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Data Collection
Collision data helps understand different factors that might be influencing collision patterns and various factors leading to collisions in a given area. For the purpose of this analysis, a five-year jurisdiction-wide collision data, from 2015 to 2019 was retrieved from TIMS and SWITRS. Collisions that occurred on state routes were excluded for this analysis.

The collision data was analyzed and plotted in ArcMap to identify high-risk intersections and roadways segments.

Collision Data Analysis Results

COLLISION CLASSIFICATION
There were a total of 765 collisions reported citywide from 2015 to 2019. Out of these 504 collisions (66%) led to complaint of pain injury and 171 collisions (22%) led to a visible injury. There were 90 F+SI collisions, 63 collisions (8%) led to a severe injury and 27 collisions (4%) led to a fatality. Figure 7 illustrates the classification of all collisions based on severity.

Figure 7. Collisions by Severity (2015-2019)
The analysis first includes a comparative evaluation between all collisions and F+SI collisions, including but not limited to: collision trend, primary collision factor, collision type, facility type, motor vehicle involved with, weather, lighting, and time of the day. Further on, a comprehensive analysis is conducted for only F+SI collisions. F+SI collisions cause the most damage to those affected, infrastructure and the aftermath of these collisions lead to great expenses for jurisdiction administration. The LRSP process thus focuses on these collision locations to proactively identify and counter their respective safety issues.

The collision data was segregated by facility type, i.e. based on collisions occurring on intersections and roadway segments. For the purposes of the analysis, a collision was designated to have occurred at an intersection if it occurred within 250 feet of it.

The reported collisions categorized by facility type and collision severity are presented in Table 2.
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29 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Table 2. Collisions by Severity and Facility Type
Collision Severity Roadway Segment Intersection Total
Fatal 7 20 27
Severe Injury 19 44 63
Visible Injury 38 133 171
Complaint of Pain 113 391 504
Total 177 588 765

YEARLY TREND
For all injury collisions, the number of reported collisions decreased from 2015 to 2019.

The highest number of collisions (217 collisions) were observed in 2015 and the lowest number of collisions (110) were observed in 2019. A total of 90 F+SI collisions occurred in the City of Pittsburg during the study period. They were observed to be the lowest (17 collision) in 2016, and the highest in 2019 (19 collisions). Figure 8 illustrates the five-year collision trend for all collisions and F+SI collisions.

Figure 8. Five Year Collision Trend
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30 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
ROADWAY SEGMENT VS. INTERSECTION
When evaluating the roadway geometry, it was observed that the majority of collisions occurred at intersections. In the City of Pittsburg, 77% of all collisions (588 collisions) occurred at intersections whereas 23% (177 collisions) occurred on roadway segments.

This classification by facility type can be observed in Figure 9.

Figure 9. Intersection and Roadway Collisions – All Collisions

COLLISION TYPE
Considering all collisions, the most commonly occurring collision type was broadside collisions (30%) and rear end collisions (24%). The collision type for F+SI collisions are noticeably different. For F+SI collisions, the most commonly occurring collision type was vehicle/pedestrian collisions (39%) and hit object collisions (19%). Figure 10 illustrates the collision type for all injury collisions as well as F+SI collisions.

Figure 10. Collision Type – All Collisions and F+SI Collisions 272
31 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG

PRIMARY COLLISION FACTOR
Primary collision factor refers to the violation which in the officer’s opinion best describes the primary cause of the collision. Considering all injury collisions, the most common violation category was observed to be unsafe speed (25%), automobile right of way (14%) and improper turning collisions (12%). For F+SI collisions unsafe speed (29%) and pedestrian violations (17%) was observed to be the violation categories. Figure 11 illustrates the violation category for all collisions and F+SI collisions.

Figure 11. Violation Categories: All Injury Collisions and F+SI Collisions

MOTOR-VEHICLE INVOLVED WITH
This category refers to the involvement of motor vehicle with other mode of transportation or object at the time of collision. Considering all injury collisions, 58% of the collisions occurred between two motor vehicles. The remaining collisions include motor vehicle involved with fixed object (15%) and pedestrians (12%). For F+SI collisions, 39% of the collisions involved a pedestrian, 31% involved another motor vehicle, and 23% involved a fixed object/other object. Figure 12 illustrates the percentage for all collisions as well as F+SI collisions.

Figure 12. Motor Vehicle Involved with: All Collisions and F+SI Collisions 273
32 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG

LIGHTING
This category shows what the lighting conditions were at the time of the collision to examine if lighting may have been a contributing factor. For injury collisions of all severity, 64% of collisions have occurred in daylight and 29% of collisions have occurred in the dark on streets with street lights. For F+SI collisions, 56% of collisions having occurred in the dark with street lights and 33% of collisions occurred in the daylight. The over occurrence of F+SI collisions at night suggests lighting may be a factor in theses collisions. Figure 13 illustrates the lighting condition for all collisions and F+SI collisions.

Figure 13. Lighting Conditions: All Collisions and F+SI Collisions

WEATHER
For all collisions, 85% of the collisions have occurred during clear weather conditions.

For F+SI collisions similar trends have been observed, with 80% of the collisions having occurred during clear weather conditions. Figure 14 illustrates the percentage distribution of weather conditions during occurrence of collisions of all severity as well as F+SI collisions.

Figure 14. Weather Conditions: All Collisions and F+SI Collisions 274
33 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG

TIME OF THE DAY
For injury collisions of all severity, maximum number of collisions occurred between 3:00 p.m. to 4:00 p.m. (9%) and no collisions occurred between 9:00 a.m. to 10:00 a.m. For all F+SI collisions, maximum number of collisions have been observed to occur between 5:00 p.m. to 7:00 p.m. Figure 15 illustrates the percentage of collisions occurring during the day for all collisions as well as F+SI collisions.

Figure 15. Time of Day: All Collisions and F+SI Collisions F+SI Collisions
This section describes a detailed collision analysis performed for F+SI collisions occurring at roadway segments and intersections in the City of Pittsburg. Of the total 90 F+SI collisions that occurred during the study period, 26 collisions (29%) occurred on roadway segments and 64 collisions (71%) occurred at intersections. This distribution is illustrated in Figure 16.

Figure 16. F+SI Collisions: Roadway Segment and Intersection 275
34 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
The detailed collision analysis is effective for identifying high-risk locations by evaluating a shorter list of collisions that have led to a fatality or a severe injury. Roadway segment and intersection F+SI collisions (see Figure 17) have been further analyzed taking into account the following collision attributes:
• Collision Type and Location Type
• Violation Category and Location Type
• Motor Vehicle Involved With and Location Type
• Lighting and Location Type
• Time of Day and Location Type
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35 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Figure 17 illustrates the F+SI collisions that occurred in Pittsburg in the study period.

Figure 17. F+SI Collisions (2015-2019)
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36 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG

COLLISION TYPE AND LOCATION TYPE
For F+SI collisions, the most common collision type was vehicle/pedestrian collisions and broadside collisions. Vehicle/pedestrian collision and broadside collision types that led to a fatal or severe injury more commonly occurred at intersections. Figure 18 shows F+SI collisions locations as well as the collision type.

Figure 18. F+SI Collisions: Collision Type and Location

VIOLATION CATEGORY AND LOCATION TYPE
For F+SI collisions, the most common collision type was unsafe speed collisions and pedestrian violations collisions. Unsafe speed and pedestrian violation F+SI collisions occurred at intersections more often than roadway segments. Figure 19 shows F+SI collisions as well as the location type and violation category.

Figure 19. F+SI Collisions: Violation Category and Location 278
37 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG

MOTOR VEHICLE INVOLVED WITH AND LOCATION TYPE
For F+SI collisions, the most common motor vehicle involved with collision types were pedestrian collisions and other motor vehicles at intersections. Figure 20 shows F+SI collisions as well as the location type and motor vehicle involved with.

Figure 20. F+SI Collisions: Motor Vehicle Involved With and Location

LIGHTING AND LOCATION TYPE
For F+SI collisions, the most common lighting and location type is intersection collisions that occurred at nighttime at locations with street lights. Figure 21 shows F+SI collisions as well as the location type and lighting conditions.

Figure 21. F+SI Collisions: Lighting and Location
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38 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG

TIME OF DAY AND LOCATION TYPE
For F+SI collisions, the common time for collisions to have occurred has been observed during evening hours between 9:00 p.m. to 12:00 a.m., with most collisions occurring at intersections. Figure 22 shows F+SI collisions as well as the location type and time of day.

Figure 22. F+SI Collisions: Time of Day and Location
Geographic Collision Analysis
This section describes a detailed geographic collision analysis performed for injury collisions occurring at roadway segments and intersections in the City of Pittsburg. The above collision analysis was used to identify four main collision factors that highlight the top trends among collisions in Pittsburg. These four collision factors were identified to be nighttime collisions, pedestrian collisions, unsafe speed collisions, and hit object collisions.

NIGHTTIME COLLISIONS
For F+SI collisions in the City of Pittsburg, 61% of collisions occurred during at night.

Figure 23 shows the distribution of nighttime collisions throughout the City of Pittsburg between 2015 and 2019. California Avenue, Leland Road, and Loveridge Road have a higher concentration of nighttime collisions, compared to other Pittsburg roads. The Office of Traffic Safety ranked Pittsburg 20th out of 105 similarly sized cities with high levels of nighttime collisions (one being the highest, or worst)2.

PEDESTRIAN COLLISIONS
For F+SI collisions in the City of Pittsburg, 39% of collisions were pedestrian collisions.

Figure 24 shows the distribution of pedestrian collisions throughout the City of Pittsburg between 2015 and 2019. Leland Road, Loveridge Road, Atlantic Avenue, and Railroad Avenue have a higher concentration of pedestrian collisions, compared to other Pittsburg roads. The Office of Traffic Safety ranked Pittsburg 29th out of 105 similarly sized cities with high levels of pedestrian collisions (one being the highest, or worst)3. 2 California Office of Traffic Safety. (2019). Office of Traffic Safety Rankings 2019. https://www.ots.ca.gov/media-and-research/ crash-rankings-results/?wpv-wpcf-year=2019&wpv-wpcf-city_county=Pittsburg&wpv_filter_submit=Submit 3 California Office of Traffic Safety. (2019). Office of Traffic Safety Rankings 2019. https://www.ots.ca.gov/media-and-research/ crash-rankings-results/?wpv-wpcf-year=2019&wpv-wpcf-city_county=Pittsburg&wpv_filter_submit=Submit 280
39 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG

UNSAFE SPEED COLLISIONS
For F+SI collisions in the City of Pittsburg, 29% of collisions were unsafe speed collisions.

Figure 25 shows the distribution of unsafe speed collisions throughout the City of Pittsburg between 2015 and 2019. Leland Avenue, Parde Drive, California Avenue, and Railroad Avenue have a higher concentration of unsafe speed collisions, compared to other Pittsburg roads. The Office of Traffic Safety ranked Pittsburg 23th out of 105 similarly sized cities with high levels of speed related collisions (one being the highest, or worst)4.

HIT OBJECT COLLISIONS
For F+SI collisions in the City of Pittsburg, 19% of collisions were hit object collisions.

Figure 26 shows the distribution of hit object collisions throughout the City of Pittsburg between 2015 and 2019. Leland Avenue, Bailey Road, Pittsburg-Antioch Highway, and Balclutha Way have a higher concentration of hit object collisions, compared to other Pittsburg roads.
4 California Office of Traffic Safety. (2019). Office of Traffic Safety Rankings 2019. https://www.ots.ca.gov/media-and-research/ crash-rankings-results/?wpv-wpcf-year=2019&wpv-wpcf-city_county=Pittsburg&wpv_filter_submit=Submit 281
40 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Figure 23. Nighttime Collisions (2015-2019)
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Figure 24. Pedestrian Collisions (2015-2019)
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Figure 25. Unsafe Speed Collisions (2015-2019)
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Figure 26. Hit Object Collisions (2015-2019)
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Collision Severity Weight
A collision severity weight was used to identify the high severity collision network, using the Equivalent EPDO method. The EPDO method accounts for both the severity and frequency of collisions by converting each collision to an equivalent number of PDO collisions. The EPDO method assigns a crash cost and score to each collision according to the severity of the crash weighted by the comprehensive crash cost. These EPDO scores are calculated using a simplified version of the comprehensive crash costs per HSIP Cycle 11 application.

The weights used in the analysis are shown below in Table 3.

Table 3. EPDO Score used in HSIP Cycle 11
Collision Severity EPDO Score
F+SI Combined 165*
Visible Injury 11
Possible Injury 6
PDO 1
*This is the score used in HSIP Cycle 11 for collisions on roadways segments, to simplify the analysis this study uses the same score for all F+SI collisions regardless of location.

The EPDO scores for all collisions can then be aggregated in a variety of ways to identify collision patterns, such as location hot-spots. Because of the high score given to F+SI crashes, locations that have these type of crashes are more likely to receive a higher EPDO score than other locations that may have more collisions, but fewer fatal or severe injury collisions. The weighted collisions for the City of Pittsburg were geolocated onto Pittsburg’s road network. Figure 27 shows the location and geographic concentration of collisions by their EPDO score.
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45 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Figure 27. Severity Index
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46 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
High Injury Network
Following the detailed collision analysis, the next step was to identify the high-risk roadway segments and intersections in the City of Pittsburg. The methodology for scoring the high injury locations is the same method as used in the severity weight section. Figure 28 shows the top 10 high-collision roadway segments and top 11 high-collision intersections.

For the purposes of the high collision network analysis, intersections include collisions that occurred within 250 feet of it and roadways include all collisions that occurred along the roadway except for collisions that occurred directly at an intersection, or collisions that are assigned a zero value in distance from intersection value column in the SWITRS.

Note: EPDO Score was calculated as follows:

EPDO Score = (165 x # of Fatal Collision) + (165 x # of Severe Injury Collisions) + (11 x # of visible injury collisions) + (6 x # complaint of pain collisions) 288
47 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Figure 28. High Injury Network
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INTERSECTION RANKING
Eleven intersections were identified as high injury intersections. There were a total of 22 F+SI collisions that occurred at these intersections. The intersection of Bailey Road and Leland Road has the highest EPDO score.

Table 4 lists the EPDO score of the top 11 identified high-collision intersections along with the type of collisions and the number of F+SI collisions that occurred at these locations.

Table 4. High Injury Intersections
ID Intersection
Total F+SI Night-
time
Veh/
Ped
Unsafe
Speed
Hit
Object
EPDO
Score
Collisions
1 Bailey Rd and Leland Rd 13 2 4 5 0 0 401
2 Auto Center Dr and Century Blvd 10 2 3 2 1 1 378
3 Leland Rd and Piedmont Wy 7 2 3 1 2 1 365
4 Harbor St and School St 6 2 3 3 1 0 364
5 Commerce Pl and Leland Rd 7 2 3 1 4 0 360
6 Willow Pass Rd and Winter Wy 6 2 1 1 1 0 359
7 Leland Rd and Southwood Dr 6 2 3 2 0 1 354
8 Brookside Dr and Buchanan Rd 4 2 2 1 1 1 342
9 Leland Rd and Woodhill Dr 4 2 4 0 0 3 342
10 Meadowbrook Ave and Stoneman
Ave 3 2 1 2 3 1 336
11 El Dorado Dr and Railroad Ave 3 2 2 2 0 0 336

ROADWAY SEGMENT RANKING
Ten corridors were identified as high injury corridors. There was a total 42 F+SI collisions on these corridors. The corridor with the highest amount of F+SI collisions is Leland Road and Railroad Avenue with nine F+SI collisions each.
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Table 5 lists the collision rate of the top ten identified high-collision corridors along with the number of F+SI collisions and total collisions.

Table 5. High Injury Corridors
ID Corridors
Total F+SI Night-
time
Veh/
Ped
Unsafe
Speed
Hit
Object Length
(miles)
EPDO
Score
Collisions
A Leland Rd: Railroad
Ave to Century Blvd 51 9 13 5 20 14 2.0 1767
B Railroad Ave: Bliss
Ave to Pueblo Dr 35 9 11 7 10 1 1.3 1671
C Leland Rd: Chestnut
Dr to Woodhill Dr 29 7 12 9 3 4 0.7 1302
D
Buchanan Rd:

Railroad Ave to
Eastern City limits
35 4 0 0 0 0 2.0 876
E
N Parkside Dr:

Railroad Ave to
Maidenhair St
18 3 7 0 10 2 0.6 610
F School St: Railroad
Ave to Deems St 14 2 7 2 2 0 0.6 417
G
Loveridge Rd:

Loveridge Cir to Hwy
4 EB on ramp
9 2 5 5 1 2 0.3 382
H Atlantic Ave: Railroad
Ave to Atlantic Cir 9 2 2 3 0 0 0.3 382
I
Stoneman Ave: St
Moritz Dr to Rolling
Hills Dr
6 2 0 2 3 1 0.3 359
J
Bailey Rd: Southern
City Limits to 1/3 mile
north
2 2 1 0 1 0 0.3 330
Summary
Between 2015 and 2019, a total of 765 collisions occurred within the City of Pittsburg.

Among all injury collisions, the most prominent collisions types were rear end and broadside, while unsafe speed and automobile right of way violations were the most common violation types.

For F+SI collisions in the City of Pittsburg, 61% of collisions were nighttime collisions.

The maximum number of nighttime collisions have been observed along the corridors of California Avenue, Leland Road, and Loveridge Road. This may indicate that lighting at these locations should be evaluated to insure lumen levels are adequate. Many different factors can contribute to nighttime collisions, such as low lighting levels that can be targeted with countermeasures, but extraneous factors can also contribute to nighttime injury such as alcohol use, sleep, and fatigue.
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This may suggest that evaluating lighting levels at these locations are needed. Improvements such as installing new lighting, upgrading existing lighting to a higher lumen, installing larger signal heads, installing and upgrade signs with new fluorescent sheeting, and installing pedestrian improvements with lighting elements such as Rectangular Rapid Flashing beacons (RRFB) and HAWKs can help make these locations safer for all road users.

For F+SI collisions in the City of Pittsburg, 39% of collisions were pedestrian collisions.

Leland Road, Loveridge Road, Atlantic Avenue, and Railroad Avenue have a higher concentration of pedestrian collisions, compared to other Pittsburg roads. This calls for evaluating pedestrian conditions along the high injury network and throughout the City with similar characteristics that are highly unsafe for pedestrians. Improvements at these locations can include reducing pedestrian crossing distances, installing high visibility crosswalks, installing pedestrian refuge islands, installing RRFBs, and installing bulb outs.

For F+SI collisions in City of Pittsburg, 29% were due to unsafe speed violations, compared to 25% of collisions of all severity. Leland Road, Buchanan Road, N Parkside Drive, and Railroad Avenue have a higher concentration of unsafe speed violations, compared to other Pittsburg roads. Unsafe speed are not necessarily expressed as driving above posted speed limit but can be explained as a failure to stop the vehicle within safe distance due to excessive speeding. Improvements such as traffic calming strategies, installing dynamic speed warning signs, and road diet can all help to address unsafe speed violation collisions.

For F+SI collisions in City of Pittsburg, 13% were hit object collisions as well as 19% of all severity collisions. Leland Road, Harbor Street, Bailey Road, and Pittsburg-Antioch Highway have a higher concentration of hit object collisions, compared to other Pittsburg roads. Hit object collisions can potentially be mitigated through removing or relocating fixed objects (such as light and utility poles, traffic lights, road signs, curbs, fences, etc.) outside of Clear Recovery Zone, installing guardrails, and installing delineators, reflectors, and object markers.

The next steps include identifying strategies corresponding to the 4 E’s of safety (Engineering, Enforcement, Education, and EMS) to comprehensively make the roadways of the City of Pittsburg safer for all modes of transportation. 292
5 EMPHASIS AREAS
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EMPHASIS AREAS5
Emphasis areas are focus areas that are identified through analyzing the characteristics of collisions that have occurred in the City of Pittsburg within the last five years (2015-2019).

Emphasis areas help in identifying appropriate safety strategies and countermeasures that have the greatest potential to reduce collisions occurring at roadway segments and intersections. This technical memorandum summarizes six emphasis areas identified for the City of Pittsburg. These emphasis areas were derived by focusing on the collisions that have occurred on the high-injury network, previously identified for the City.

There are a number of different approaches to traffic safety studies. Some methodologies focus more on a reactive and responsive approach and others focus on a more proactive systemic approach to traffic safety data. A reactive approach to road safety is based on the analysis of existing crash data. Road safety improvements proposed are considered in reaction to identified safety problems brought to light by crashes that have occurred after the road has been designed, and built, and opened. Traditional reactive road safety engineering processes include such activities as information collection and management (crash information systems), identification of problem locations on the road network, analysis, development, and implementation of countermeasures. The Hazard Elimination Program or a jurisdictions high crash location list are examples of reactive approaches to crash frequency and/or severity reduction. A proactive approach focuses on the evolving “Science of Safety”, that is, what is known about the evolving specific safety implications of highway design and operations decisions. The proactive approach applies this knowledge to the roadway design process or to the implementation of improvement plans on existing roads to diminish the potential of crashes occurring prior to the road being built or reconstructed. The Empirical Bayes method is an example of such proactive traffic safety approach that attempts to predict future crashes based on roadway typologies. Most methodologies use a balance of both reactive and systemic safety approaches. 294
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Based on the systemic safety analysis that helped identified high-injury intersections and roadway segments, the top risk factors and emphasis areas determined for traffic safety in the City of Pittsburg are as follows:
• Improve Intersection safety (collisions within 250 feet of an intersection) • Improve Pedestrian and Bicycle safety
• Address Rear-end collisions and Unsafe speed violations • Address Broadside collisions
• Address Nighttime collisions
• Address Hit object collisions
The consolidated high-injury collision database can be found in Appendix C.

The 4 E’s of Traffic Safety
LRSP utilizes a comprehensive approach to safety incorporating “4 E’s of traffic safety”:

Engineering, Enforcement, Education and EMS. This approach recognizes that not all locations can be addressed solely by infrastructure improvements. Incorporating the 4 E’s of traffic safety is often required to ensure the successful implementation of significant safety improvements and reduce the severity and frequency of collisions throughout a jurisdiction.

Some of the common violation types that may require a comprehensive approach are speeding, failure-to-yield to pedestrians, red-light running, aggressive driving, failure to wear safety belts, distracted driving, and driving while impaired. When locations are identified as having these types of violations, coordination with the appropriate law enforcement agencies is needed to arrange visible targeted enforcement to reduce the potential for future driving violations and related crashes and injuries.

To improve safety, education efforts can also be used to supplement and improve the efficiency of enforcement, and vice versa. Education can also be employed in the short- term to address high crash locations until the recommended infrastructure project can be implemented, and addressed under Engineering improvements and countermeasures.

Similarly, EMS entails strategies around supporting organizations that provide rapid response and care when responding to collisions causing injury, by stabilizing victims and transporting them to facilities.
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Existing Traffic Safety Efforts in the City of Pittsburg The City of Pittsburg already has implemented safety strategies corresponding to the 4 E’s of traffic safety. The strategies detailed in this memorandum can supplement these existing programs and concentrate them on high injury collision locations and crash types.

These initiatives are summarized in Table 6 below:

Table 6. Existing Programs Summary
Document/ Program Description E’s Addressed
The City of Pittsburg
System Safety
Analysis Report
(2018)
This report evaluates citywide crash trends and identifies potential solutions. A recommended set of countermeasures includes installing or upgrading traffic signs with new fluorescent sheeting along the selected corridors and
improving signal hardware at select intersections.

Engineering
The City of Pittsburg
Traffic Calming
Policy (2004)
This document details a step-by-step process to respond to resident’s complaints of speeding in residential
neighborhoods. The plan focuses on speed humps or
speed cushions as a traffic calming device, which isn’t an HSIP-approved countermeasure but also includes striping, signage, and speed feedback signs which are HSIP-approved countermeasures.

Engineering,
Enforcement
Street Smarts
Diablo Region and
511 Contra Costa
Programs
Street Smarts Diablo delivers bicycle and pedestrian safety programs at no cost to qualifying public schools in Central and East Contra Costa County. 511 Contra Costa is a county- wide program that strives to reduce traffic congestion and improve air quality by providing the public with information, resources, and tools that promote mobility options beyond driving alone which includes bike and pedestrian safety resources.

Education
Contra Costa County
Vision Zero
CCTA developed a Countywide Vision Zero Framework,
which was a key implementation recommendation of the
Countywide Bike/Ped Plan adopted by the CCTA Board
in July 2018. This effort is focused on bicycle/pedestrian safety and developed a countywide "high-injury network
(HIN)" [of common countywide collision corridors, known as "Countywide Safety Priority Locations" per 2008 through 2017 SWITRS data; the LRSP can designate "Local Safety
Priority Locations" and a local priority project list for CCTA CBPP consideration RE: countywide significance], collision typologies, and a Vision Zero Transportation Safety Policy and Implementation Guide for Local Agencies. This Guide also includes a Toolbox to improve the safety of people walking and biking.

Engineering,
Education,
Enforcements,
EMS
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Factors Considered in the Determination of Emphasis Areas This section presents collision data analysis of collision type, collision factors, facility type, and roadway geometries, analyzed for the various emphasized areas. Emphasis areas were determined by factors that led to the highest amount of injury collisions, with a specific emphasis on F+SI collisions. The City of Pittsburg experienced a total of 316 injury collisions at high injury network locations during the 2015-2019 study period, including 53 fatal or severe injury collisions. The data presented in each emphasis area is based on these collisions. This section also presents comprehensive programs, policies, and countermeasures to reduce collisions in specific emphasis areas.

Note: Engineering countermeasures are based on the Caltrans LRSM and are used in HSIP calls for projects. They are categorized as follows:
• S = Signalized Intersections Countermeasures
• NS = Non-Signalized Intersections Countermeasures
• R = Roadway Segments Countermeasures

An excerpt of the Caltrans LRSM providing additional details on each countermeasure is included in Appendix D.
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EMPHASIS AREA 1 – IMPROVE INTERSECTION SAFETY
Intersection collisions made up the vast majority of collisions occurring on the Pittsburg high injury network during the study period, for a total of 70%. The 64% of F+SI collisions also occurred at intersections. The following collision data is based on only intersection collisions on the high injury network in the City of Pittsburg, followed by 4 E’s strategies selected to address intersection collisions.
30%
Unsafe Speed
35%
Rear-End Collisions
19%
Pedestrian Collisions
Table 7. Emphasis Area 1 Strategies
Objective: Reduce the number of F+SI collisions at intersections.

Strategy Performance
Measure
Agencies/
Organizations
Education
Conduct public information and education campaign for
intersection safety laws regarding traffic signals, stop signs, and turning left or right.

Number of
education
campaigns
or residents
reached.

City/Police
Department
Enforcement
Targeted enforcement at high-injury intersections to monitor right-of-way violations, speed limit laws and other violations that occur at intersections.

Decrease in
number of
citations and/or
warnings issued
over time due to
increased driver
compliance.

Police
Department
Engineering
• S02, Improve signal hardware: lenses, back-plates with retroreflective borders, mounting, size, and number
• S03, Improve signal timing
• S09, Install raised pavement markers
• NS06, Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs
• NS07, Upgrade intersection pavement markings
• NS08, Install Flashing Beacons at Stop-Controlled
Intersections
• NS09, Install flashing beacons as advance warning
(Non-Signalized Intersection) (NS.I.)
• NS11, Improve sight distance to intersection (Clear
Sight Triangles)
• NS13, Install splitter-islands on the minor road
approaches
• NS14, Install raised median on approaches
• NS19PB, Install raised medians (refuge islands)
Number of
intersections
improved.

City
EMS
S05, Install emergency vehicle pre-emption systems
Improve resource of deployment for emergency responses
to collision sites
Ensure emergency routes are clear and well defined
EMS vehicle
response time.

City/Fire
Department &
EMS Response
Teams
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EMPHASIS AREA 2 – IMPROVE PEDESTRIAN SAFETY
On the high injury network, 54 (17%) collisions involved pedestrians. However, of those collisions, 10 led to a fatality. Four out of 10 pedestrian fatalities (40%) occurred on or near Railroad Avenue. The following collision data is based on only pedestrian collisions on the high injury network of the City of Pittsburg, followed by 4 E’s strategies to address them. 44%
F+SI Collisions
28%
Crossing not in Crosswalk
30%
Pedestrian Violation
Table 8. Emphasis Area 2 Strategies
Objective: Reduce the number of F+SI collisions involving pedestrians.

Strategy Performance
Measure
Agencies/
Organizations
Education
Conduct pedestrian safety campaigns and outreach to raise their awareness of pedestrian safety needs through media outlets, social media, and public events.

Partner with Safe Routes to School to conduct bicycle and pedestrian safety programs in Pittsburg’s schools.

Number of
education
campaigns
or residents
reached.

City/School
District/ Police
Department
Enforcement
Targeted enforcement at high-injury locations especially near schools, downtown Pittsburg, and other areas where pedestrians are more present.

Continue to place a high priority on enforcement of
motorist and pedestrian violations that most frequently cause injuries and fatalities among pedestrians.

Decrease in
number of
citations and/or
warnings issued
over time due to
increased driver
compliance.

Police
Department
Engineering
• S17PB, Install pedestrian countdown signal heads
• S18PB, Install pedestrian crossing (S.I.)
• S21PB, Modify signal phasing to implement a Leading
Pedestrian Interval
• NS07, Upgrade intersection pavement markings (NS.I.) • NS19PB, Install raised medians (refuge islands)
• NS21PB/R35PB, Install/upgrade pedestrian crossing
(with enhanced safety features)
• NS22PB/R37PB, Install RRFB
• NS23PB, Install pedestrian signal (including Pedestrian Hybrid Beacon (HAWK))
• R36PB, Install raised pedestrian crossing
• High-visibility crosswalks
• Mid-block curb extension
• Intersection bulb-outs
Number of
locations
improved.

City
EMS
S05, Install emergency vehicle pre-emption systems
Improve resource of deployment for emergency responses
to collision sites
Ensure emergency routes are clear and well defined,
particularly to areas and times of high pedestrian activity EMS vehicle
response time.

City/Fire
Department &
EMS Response
Teams
299
58 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
EMPHASIS AREA 3 – ADDRESS REAR END COLLISIONS AND UNSAFE

SPEED VIOLATIONS
A total of 101 (32%) of the high injury network collisions were rear-end collisions, including five F+SI collisions. 94 (30%) of high injury network collisions were caused due to unsafe speed violations. The following is based on only rear-end injury collisions on the high injury network, followed by 4 E’s strategies to address them. 55%
Rear-End Collisions
due to Unsafe Speed
75%
Occurred at
Intersections
36%
Occurred on
Leland Road
Table 9. Emphasis Area 3 Strategies
Objective: Reduce the number of F+SI rear end and unsafe speed collisions.

Strategy Performance
Measure
Agencies/
Organizations
Education
Conduct public information and education
campaign for safety laws regarding unsafe speed
and its dangers.

Number of education
campaigns or
residents reached.

City/Police
Department
Enforcement
Targeted enforcement at high-injury locations where
unsafe speed violations are more common.

Deploy a radar trailer at locations where instances of
unsafe speed is more prevalent
Decrease in number
of citations and/or
warnings issued over
time due to increased
driver compliance.

Police Department
Engineering
• S02, Improve signal hardware
• S09, Install raised pavement markers and
striping (Through Intersection)
• S16/NS04/NS05, Convert intersection to
roundabout
• NS07, Upgrade intersection pavement markings
(NS.I.)
• R22, Install/Upgrade signs with new fluorescent
sheeting
• R27, Install delineators, reflectors and/or object
markers
• R26, Install dynamic/variable speed warning
signs
• R28, Install edge-lines and centerlines
• Decrease width of travel lanes
• Simplify turn configurations
• Decrease curb radius of intersections
• Traffic calming strategies where appropriate
Number of locations
improved. City
EMS
S05, Install emergency vehicle pre-emption systems
Improve resource of deployment for emergency
responses to collision sites
Ensure emergency routes are clear and well defined
EMS vehicle response
time.

City/Fire
Department & EMS
Response Teams
300
59 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
EMPHASIS AREA 4 – ADDRESS BROADSIDE COLLISIONS
A total of 54 (17%) of the high injury network collisions were broadside collisions, including nine F+SI collisions. The following collision data is based on only broadside injury collisions on the high injury network of the City of Pittsburg, followed by 4 E’s strategies to address them.
32%
Automobile Right
of Way Violation
20%
Improper Turning
60%
Occurred at
Intersection
Table 10. Emphasis Area 4 Strategies
Objective: Reduce the number of F+SI broadside collisions.

Strategy Performance
Measure
Agencies/
Organizations
Education
Conduct public information and education campaigns for
intersection safety laws regarding traffic lights, stop signs and turning left or right.

Number of
education
campaigns
or residents
reached.

City/Police
Department
Enforcement
Targeted enforcement at high-injury locations where
violations that lead to broadside collisions are more common, such as automobile right of way and traffic signal/stop sign violations.

Decrease in
number of
citations and/or
warnings issued
over time due to
increased driver
compliance.

Police
Department
Engineering
• S02, Improve signal hardware: lenses, back-plates with retroreflective borders, mounting, size, and number
• S03, Improve signal timing (coordination, phases, red, yellow, or operation)
• S08, Convert signal to mast arm (from pedestal-
mounted)
• S09, Install raised pavement markers and striping
(Through Intersection)
• S16/NS04/NS05, Convert intersection to roundabout
• NS02, Convert to all-way STOP control (from 2-way or Yield control)
• NS03, Install signals
• NS06, Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs
• NS07, Upgrade intersection pavement markings (NS.I.) • NS08, Install flashing beacons at stop controlled
intersections
• NS09, Install flashing beacons as advance warning (NS.I.) • NS11, Improve sight distance to intersection (Clear Sight Triangles)
• NS13, add splitter-islands on the minor road approaches • NS14, install raised median on approaches
Number of
locations
improved
to mitigate
broadside
collisions.

City
EMS
S05, Install emergency vehicle pre-emption systems
Improve resource of deployment for emergency responses
to collision sites. Ensure emergency routes are clear and well defined
EMS vehicle
response time.

City/Fire
Department &
EMS Response
Teams
301
60 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
EMPHASIS AREA 5 – ADDRESS NIGHTTIME COLLISIONS
A total of 109 (35%) of high injury network collisions occurred at night or in low light (dawn/dusk) conditions, including 32 F+SI collisions (29%). The following collision data is based on only nighttime injury collisions on the high injury network of the City of Pittsburg, followed by 4 E’s strategies selected to address nighttime collisions. 27%
Involved
Alcohol
56%
Occurred on Leland &
Railroad
23%
Pedestrian
Collisions
Table 11. Emphasis Area 5 Strategies
Objective: Reduce the number of F+SI collisions that occur at night or dawn/dusk.

Strategy Performance
Measure
Agencies/
Organizations
Education
Develop an awareness program to inform motorists of safe nighttime driving habits and the dangers of drunk driving, as well as high-injury collision locations and the most common violations/collision types occurring at night.

Number of
education
campaigns
or residents
reached.

City/Police
Department
Enforcement
Targeted enforcement at high-injury intersections and
roadway locations where nighttime collisions are more
common.

Establish DUI checkpoints at night where appropriate.

Decrease in
number of
citations and/or
warnings issued
over time due to
increased driver
compliance.

Police
Department
Engineering
• S01, Add intersection lighting
• S02, Improve signal hardware
• S10, Install flashing beacons as advance warning (S.I.) • NS01, Add intersection lighting
• NS06, Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs
• NS07, Upgrade intersection pavement markings (NS.I.) • NS08, Install Flashing Beacons at Stop-Controlled
Intersections
• NS09, Install flashing beacons as advance warning (NS.I.) • NS22PB, Install RRFB
• R01, Add Segment Lighting
• R02, Remove or relocate fixed objects outside of Clear Recovery Zone
• R22, Install/Upgrade signs with new fluorescent sheeting (regulatory or warning)
• R27, Install delineators, reflectors and/or object markers • R28, Install edge-lines and centerlines
Number of
locations
improved.

City
EMS
S05, Install emergency vehicle pre-emption systems
Improve resource of deployment for emergency responses to collision sites
Ensure emergency routes are clear and well defined
EMS vehicle
response time.

City/Fire
Department &
EMS Response
Teams
302
61 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
EMPHASIS AREA 6 – ADDRESS HIT OBJECT COLLISIONS
A total of 44 (14%) high injury network collisions are classified as hit object collisions.

However, of these 44 collisions, 11 led to a fatality or severe injury. Hit object collisions also made up 19% of all F+SI collisions. The following collision data is based on only hit object injury collisions on the high injury network of the City of Pittsburg, followed by 4 E’s strategies selected to address DUI collisions.
32%
Unsafe Speed
32%
Improper Turning
45%
Nighttime Collisions
Table 12. Emphasis Area 6 Strategies
Objective: Reduce the number of F+SI collisions that occur due to collision with fixed objects.

Strategy Performance
Measure
Agencies/
Organizations
Education
Conduct public information and education campaigns on
risks that can lead to hit object collisions, such as unsafe speeds, distracted driving, improper turning and driving under the influence.

Number of
education
campaigns or
residents reached.

City/Police
Department
Enforcement
Targeted enforcement at high-injury locations where hit object collisions are more common.

Decrease in
number of
citations and/or
warnings issued
over time due to
increased driver
compliance.

Police
Department
Engineering
• S10/NS09, Install flashing beacon as advance warning • NS06, Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs
• R01, Add Segment Lighting
• R02, Remove or relocate fixed objects outside of
Clear Recovery Zone
• R04, Install Guardrail
• R15, Widen shoulder
• R22, Install/Upgrade signs with new fluorescent
sheeting (regulatory or warning)
• R23, Install chevron signs on horizontal curves
• R24 or R25, Install curve advance warning signs
• R26, Install dynamic/variable speed warning signs
• R27, Install delineators, reflectors and/or object
markers
• R28, Install edge-lines and centerlines
Number of
locations
improved.

City
EMS
S05, Install emergency vehicle pre-emption systems
Improve resource of deployment for emergency responses
to collision sites.

Ensure emergency routes are clear and well defined.

Increase the number of EMS personnel taking Traffic
Incident Management Training
EMS vehicle
response time.

City/Fire
Department &
EMS Response
Teams
303
6 COUNTERMEASURE

SELECTION
304
63 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG

COUNTERMEASURE
SELECTION6
Identification of Countermeasures
Upon the identification of high-risk locations and Emphasis Areas, the next step was to identify appropriate safety countermeasures. The Caltrans LRSM provides 82 countermeasures, of which 21 are eligible in the current HSIP call for signalized intersections, 23 for un- signalized intersections, and 38 for roadway segments. The LRSM provides guidance on where to apply the countermeasures including the crash types each countermeasure would address, and a CRF for each countermeasure. The FHWA CMF Clearinghouse and published research papers were reviewed by the project team to gain additional insight on CRFs and effectiveness of specific countermeasures.

The project team conducted a thorough review of the high-risk locations (intersections and roadway segments) using aerial photography, and Google Maps Street View software.

Countermeasures were confirmed after review by City staff. Crash characteristics of all collisions occurring on the High Injury Network were considered. After combining the physical and collision characteristics, the project team developed a table of preliminary countermeasures that address each of the identified emphasis areas. The table was refined by selecting up to five countermeasures for each high-risk location that were most commonly recommended among all emphasis areas. By doing this, the project team was able to identify countermeasures with the greatest opportunity for systemic implementation.

Countermeasure Toolbox
Engineering countermeasures were selected for each of the high-risk locations and for the emphasis areas. These were based off of approved countermeasures from the Caltrans LRSM used in HSIP grant calls for projects. The intention is to give the City potential countermeasures for each location that can be implemented either in future HSIP calls for projects, or using other funding sources, such as the City’s Capital Improvement Program.

Non-engineering countermeasures were also selected using the 4 E’s strategies, and are included with the emphasis areas. The countermeasure toolbox in Appendix E details the countermeasures for each high-risk location and emphasis area, separated by intersections and roadway segments. While not all of these countermeasures will be included in the resulting safety projects, they are included to give the City a toolbox for implementing future safety improvements through other means, such as the City’s Capital Improvement Program.
305
64 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Table 13 provides a description of each potential countermeasure along with the crash reduction factor (CRF), federal funding eligibility, and opportunity for systemic implementation. An excerpt of the LRSM, detailing each available HSIP countermeasure referenced in the recommendations tables, is included as Appendix D.

Table 13. Potential Countermeasures Selected for City of Pittsburg Code Countermeasure
Name Countermeasure Description CRF Federal
Funding
Systemic
Approach
Opportunity
S02
Improve signal
hardware: lenses,
back-plates with
retroreflective
borders,
mounting, size,
and number
Includes New LED lighting, signal
back plates, retro-reflective tape
outlining the back plates, or visors
to increase signal visibility, larger
signal heads, relocation of the
signal heads, or additional signal
heads.
15% 90% Very High
S03
Improve
signal timing
(coordination,
phases, red,
yellow, or
operation)
Includes adding phases,
lengthening clearance intervals,
eliminating or restricting higher-
risk movements, and coordinating
signals at multiple locations.
15% 50% Very High
S08
Convert signal
to mast arm
(from pedestal-
mounted)
Providing better visibility of
intersection signs and signals aids
the drivers’ advance perception of
the upcoming intersection. Visibility
and clarity of the signal should
be improved without creating
additional confusion or distraction
for drivers.
30% 90% Medium
S09
Install raised
pavement
markers and
striping (Through
Intersection)
Adding clear pavement markings
can guide motorists through
complex intersections. When
drivers approach and traverse
through complex intersections,
drivers may be required to perform
unusual or unexpected maneuvers
10% 90% Very High
S11
Improve
pavement
friction (High
Friction Surface
Treatments)
Improving the skid resistance at
locations with high frequencies of
wet road crashes and/or failure to
stop crashes
55% 90% Medium
S12
Install raised
median on
approaches (S.I.)
Raised medians next to left turn
lanes at intersections offer a cost
effective means for reducing
crashes and improving operations
at higher volume intersections
25% 90% Medium
306
65 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Code Countermeasure
Name Countermeasure Description CRF Federal
Funding
Systemic
Approach
Opportunity
S13PB
Install pedestrian
median fencing
on approaches
Signalized Intersections with high
pedestrian-generators nearby
(e.g. transit stops) may experience
a high volumes of pedestrians
J-walking across the travel lanes
at mid-block locations instead of
walking to the intersection and
waiting to cross during the walk-
phase.
30% 90% Low
S17PB
Install pedestrian
countdown signal
heads
Signals that have signalized
pedestrian crossing with walk/don't
walk indicators and where there
have been pedestrian vs. vehicle
crashes.
25% 90% Very High
S20PB
Install advance
stop bar before
crosswalk
Signalized Intersections with a
marked crossing, where significant
bicycle and/or pedestrians volumes
are known to occur.
15% 90% Very High
S21PB
Modify signal
phasing to
implement a LPI
Addition of LPI gives pedestrians
the opportunity to enter an
intersection 3-7 seconds before
vehicles are given a green
indication; only minor signal timing
alteration is required.
60% 90% Very High
NS01
Add intersection
lighting (NS.I.) Provision of lighting at intersection. 40% 90% Medium NS06
Install/upgrade
larger or
additional stop
signs or other
intersection
warning/
regulatory signs
Additional regulatory and warning
signs at or prior to intersections
will help enhance the ability of
approaching drivers to perceive
them.
15% 90% Very High
NS07
Upgrade
intersection
pavement
markings (NS.I.)
Typical improvements include "Stop
Ahead" markings and the addition
of centerlines and stop bars.
25% 90% Very High
307
66 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Code Countermeasure
Name Countermeasure Description CRF Federal
Funding
Systemic
Approach
Opportunity
NS11
Improve sight
distance to
intersection (Clear
Sight Triangles)
Unsignalized intersections with
restricted sight distance and
patterns of crashes related to
lack of sight distance where sight
distance can be improved by
clearing roadside obstructions
without major reconstruction of the
roadway.
20% 90% High
NS12
Improve
pavement
friction (High
Friction Surface
Treatments)
Non-signalized Intersections
noted as having crashes on wet
pavements or under dry conditions
when the pavement friction
available is significantly less than
needed for the actual roadway
approach speeds. This treatment is
intended to target locations where
skidding and failure to stop is
determined to be a problem in wet
or dry conditions and the target
vehicle is unable to stop due to
insufficient skid resistance.
55% 90% Medium
NS14
Install raised
median on
approaches (NS.I.)
Effective access management is
key to improving safety at, and
adjacent to, intersections. The
number of intersection access
points coupled with the speed
differential between vehicles
traveling along the roadway often
contributes to crashes. Any access
points within 250 feet upstream
and downstream of an intersection
are generally undesirable.
25% 90% Medium
NS15
Create directional
median openings
to allow (and
restrict) left-turns
and u-turns
(NS.I.)
Crashes related to turning
maneuvers include angle, rear-
end, pedestrian, and sideswipe
(involving opposing left turns) type
crashes. If any of these crash types
are an issue at an intersection,
restriction or elimination of the
turning maneuver may be the best
way to improve the safety of the
intersection.
50% 90% Medium
308
67 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Code Countermeasure
Name Countermeasure Description CRF Federal
Funding
Systemic
Approach
Opportunity
NS21PB
Install/upgrade
pedestrian
crossing at
uncontrolled
locations (with
enhanced safety
features)
Non-signalized intersections
where pedestrians are known to be
crossing intersections that involve
significant vehicular traffic. They
are especially important at school
crossings and intersections with
turn pockets, flashing beacons,
curb extensions, advanced "stop"
or "yield" markings, and other
safety features should be added to
complement the standard crossing
elements.
35% 90% Medium
NS22PB
Install
Rectangular
Rapid Flashing
Beacon (RRFB)
RRFB includes pedestrian-activated
flashing lights and additional
signage that enhance the visibility
of marked crosswalks and alert
motorists to pedestrian crossings. It
uses an irregular flash pattern that
is similar to emergency flashers on
police vehicles. RRFBs are installed
at unsignalized intersections and
mid-block pedestrian.
35% 90% Medium
R01 Add Segment
Lighting
Provision of lighting along
roadways. 35% 90% Medium
R02
Remove or
relocate fixed
objects outside
of Clear Recovery
Zone
Known locations or roadway
segments prone to collisions with
fixed objects such as utility poles,
drainage structures, trees, and
other fixed objects, such as the
outside of a curve, end of lane
drops, and in traffic islands. A clear
recovery zone should be developed
on every roadway, as space is
available. In situations where public
right-of-way is limited, steps should
be taken to request assistance from
property owners, as appropriate.
35% 90% High
R04 Install Guardrail
Guardrail is installed to reduce
the severity of lane departure
crashes. However, guardrail can
reduce crash severity only for
those conditions where striking the
guardrail is less severe than going
down an embankment or striking a
fixed object. Guardrail should only
be installed where it is clear that
crash severity will be reduced, or
there is a history of run-off-the-
road crashes at a given location
that have resulted in severe
crashes.
25% 90% High
309
68 LOCAL ROAD SAFETY PLAN CITY OF PITTSBURG
Code Countermeasure
Name Countermeasure Description CRF Federal
Funding
Systemic
Approach
Opportunity
R10PB Install pedestrian
median fencing
Roadway segments with high
pedestrian-generators and
pedestrian-destinations nearby
(e.g. transit stops) may experience
a high volume of pedestrians
J-walking across the travel lanes
at mid-block locations instead of
walking to the nearest intersection
or designated mid-block crossing.