Agenda packet — San Carlos City Council, September 25, 2023 (part 1 of 2)

CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
September 25, 2023 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Masks are no longer required, but are still recommended by the California Department of Health. To maintain public health and safety, please do not attend in person if you are experiencing respiratory symptoms (e.g. cough, runny nose, and/or sore throat).

Provide Public Comment. To address the City Council on any item on the posted agenda, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.

Remote Participation :

Observe via:
Zoom. https://us02web.zoom.us/j/88256140939; or call 16699009128 and enter the Meeting ID #: 882 5614 0939
Meeting Webportal . www.cityofsancarlos.org/agenda Local TV. Comcast Channel 27 and AT&T Uverse Channel 99 Provide Public Comment. If you plan to make a public comment on any item on the posted agenda, please observe the meeting via Zoom (see above access information), and during the public comment period for the agenda item you wish to address, use the “raise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.

Councilmembers may participate in this meeting remotely pursuant to Assembly Bill 2449.

MAYOR: Adam Rak
COUNCIL: Ronald Collins, John Dugan, Sara McDowell, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. PRESENTATIONS
a. Present a City Coin to Community Volunteer Cori Carpenter. b. Present City Coins to James Regiano, Kuuipo Unga, Olga Girard, Karthik Suresh, and Estelle Ravaria in Recognition for their Heroic Actions on September 17, 2023 at Highlands Park.
c. Receive Updates from Silicon Valley Clean Water on Their Operations. d. Receive an Annual Update from the Community Foundation of San Carlos.

6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Council Communications and Announcements are brief items from members of the City Council regarding upcoming events in the community and correspondence that they have received. They are informational in nature and no action will be taken on these items at this meeting.

7. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

Each speaker is limited to two minutes. If there are more than five individuals wishing to speak during public comment, the Mayor may choose to allow the first five speakers to speak during this time, and the balance of the Public Comment speakers will be called upon at the end of the Council Meeting.

If the item you are speaking on is not listed on the agenda, please be advised that the City Council may briefly respond to statements made or questions posed as allowed under the Brown Act (Government Code Section 54954.2). The City Council's general policy is to refer items to staff for attention, or have a matter placed on a future City Council agenda for a more comprehensive action or report and formal public discussion and input at that time.

8. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve the August 28, 2023 City Council Special Meeting Minutes. c. Approve the August 28, 2023 City Council Regular Meeting Minutes. d. Adopt a Resolution Accepting the 7 Winding Way Guardrail Project C1744 and Authorizing the Public Works Director to Issue and Record a Notice of Completion. e. Adopt a Resolution Authorizing the Approval of Exhibit C to the Second Amended and Restated Agreement Between the Cities of Redwood City and San Carlos for Fire and Emergency Services for Fiscal Year 202223 in the Amount of $9,067,435. f. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Tyler Technologies, Inc. to Implement a Cloud Hosted Enterprise Permitting and Licensing System and Upgrade the Existing Tyler Technologies Financial System to a Cloud Environment for Integration Purposes in the Amount of $716,253 for a ThreeYear Contract with the Option to Renew the Annual Subscription Services Until the Systems Need to be Replaced and Authorizing a 20% Contingency During the Implementation Period.
g. Adopt Ordinance 1600 Amending and Replacing San Carlos Municipal Code Chapter 8.07 Tobacco Retailer Permits, to Consolidate and Clarify Existing Definitions and Enact Additional Requirements for Tobacco Retailer Permits to Align with the County of San Mateo Model Ordinance.

9. STUDY SESSION
a. Discuss and Provide Direction on the Northeast Area Specific Plan Draft Concepts and Land Use Options.

10. NEW BUSINESS
a. Consideration of Adopting a Resolution Finding that Hiking and Pedestrian Use of the OneFootWide NonAccess Strip and Easement at the End of Los Vientos Way Dedicated to and Accepted by the City of San Carlos is Consistent with the Public Use Granted.
b. Consideration of Adopting a Resolution Setting a Public Hearing for November 13, 2023 to Consider a FourYear Rate Plan for Residential and Commercial Solid Waste Rates, Including Unscheduled Services, Pursuant to Proposition 218. c. Consideration of Adopting a Resolution Amending the Employment Agreement with Jeff D. Maltbie, City Manager.

11. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

12. ADJOURNMENT
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

In compliance with the Americans with Disabilities Act and Title VI, and as outlined in the City’s Reasonable Accommodations Policy, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 8024222 or via email at [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

1 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
September 25, 2023 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely pursuant to Assembly Bill 2449.

MAYOR: Adam Rak
COUNCIL: Ronald Collins, John Dugan, Sara McDowell, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

7. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

9. STUDY SESSION
a. Discuss and Provide Direction on the Northeast Area Specific Plan Draft Concepts and Land Use Options.

11. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

12. ADJOURNMENT
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

2 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
September 25, 2023 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely pursuant to Assembly Bill 2449.

MAYOR: Adam Rak
COUNCIL: Ronald Collins, John Dugan, Sara McDowell, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

7. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

9. STUDY SESSION
a. Discuss and Provide Direction on the Northeast Area Specific Plan Draft Concepts and Land Use Options.

11. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

12. ADJOURNMENT
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

3 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
September 25, 2023 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely pursuant to Assembly Bill 2449.

MAYOR: Adam Rak
COUNCIL: Ronald Collins, John Dugan, Sara McDowell, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

7. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

9. STUDY SESSION
a. Discuss and Provide Direction on the Northeast Area Specific Plan Draft Concepts and Land Use Options.

11. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

12. ADJOURNMENT
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

4 CITY COUNCIL

STAFF REPORT
MEETING DATE: September 25, 2023
ITEM TITLE: Receive an Annual Update from the Community Foundation of San Carlos.

RECOMMENDATION:

Staff recommends that the City Council receive an update from the Community Foundation of San Carlos.

FISCAL IMPLICATIONS:

There is no fiscal implication associated with receiving this presentation.

BACKGROUND:

On November 12, 2019, the City Council adopted a Resolution authorizing the City Manager to enter into an Endowment Fund Agreement and authorizing the transfer of two million dollars as an endowment to the San Carlos Community Foundation (“Foundation”) to benefit the San Carlos community. The City and Foundation entered into an Endowment Fund Agreement on November 25, 2019 (“Agreement”) (Attachment 1).

Section 5(c) Requirements of the Agreement states:
“An Annual Report shall be prepared and delivered to the City no later than 90 days following the close of the Foundation’s annual accounting period. The report shall include at a minimum the following information: annual goals and objectives; accomplishments; assets and liabilities; revenue and expenditures; operations; grants and projects; fundraising activity; and copies of Board meeting agendas and minutes.”
The Foundation provided the Council with its first Annual Report on September 18, 2020.

ANALYSIS:

For its 2023 Annual Report presentation to the Council, the Foundation will review its 2022 fall community grants program, provide an endowment performance and financial update, and share information about community building activities and programs it has undertaken in the prior fiscal year.

The full Annual Report is included as Attachment 2. The Foundation’s Statement of Financial Position is included as Attachment 3, and its 2022-2023 Board Agendas and Minutes can be found on their website: https://cfsancarlos.org/board-meetings/2023.

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ALTERNATIVES:

The alternatives available to the City Council include:

1. Receive an update from the Community Foundation; or

2. Do not receive an update from the Community Foundation; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Nil Blackburn, Assistant City Manager
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. 2019 Endowment Fund Agreement

2. Fiscal Year 2022-2023 Annual Report

3. Statement of Financial Position as of June 30, 2023

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Endowment Fund Agreement

This Endowment Fund Agreement (“Agreement”) is entered into between the City of San Carlos, a California municipal corporation ("City") and the San Carlos Community Foundation, a California non-profit public benefit corporation ("Foundation"). Capitalized terms have the meaning set forth in Paragraph 1 or as otherwise indicated in this Agreement.

1. Definitions.

(a) Adjusted Endowment Fund. The amount equal to the contributions made by the City to the Foundation adjusted to reflect distributions from the Endowment Fund to the approved recipient(s) pursuant to the conditions of this Agreement.

(b) Allowable Costs. The costs of the Foundation allocable to the Endowment Fund, as set forth in Paragraph 7.

(c) Corpus. Funds provided by the City to the Foundation for its Endowment Fund as set forth in Paragraph 3. This does not include interest earned or additional funds added to the Endowment by other entities.

(d) Endowment Fund. The amount contributed by City pursuant to Paragraph 3.

(e) Endowment Fund Balance. The amount equal to the Adjusted Endowment Fund:
(i) increased by investment earnings and contributions made by City; and (ii) decreased by investment losses and allowable costs.

2. Purpose. The contributions made to the Foundation by the City pursuant to this Agreement shall serve a public purpose in that they will provide funds for the Foundation to award grants in perpetuity that benefit the San Carlos community. As set forth in this Agreement, the funds will have conditions and limitations to safeguard their use and preservation.

3. Endowment. Subject to the conditions set forth in this Agreement, the City shall contribute to the Foundation an amount to be held as an Endowment Fund in the amount of Two Million Dollars ($2,000,000). The City may make additional contributions to the Foundation of amounts to be held as additional assets in the Endowment Fund. Notwithstanding the foregoing, nothing in this Agreement shall be construed as a binding pledge for additional funds to the Foundation by the City for the Endowment Fund.

4. Investment Instructions. The Endowment Fund Balance shall be invested with the dual objectives of Capital Appreciation (growth of the capital base over time) and Capital Preservation (to preserve capital and prevent loss of principal). The Foundation shall also seek to meet the grant payout objectives while maintaining the total purchasing power of assets for the future benefit of the San Carlos community. The Foundation shall seek to mitigate credit, market and inflation risks as follows:

a) Credit Risk. Defined as the risk of loss due to failure of the issuer of a security, which shall be mitigated by investing in investment grade securities and by diversifying the investment portfolio so that the failure of any one issuer does not unduly harm the Foundation’s capital base and cash flow.

DocuSign Envelope ID: F423D843-84EF-40A8-AC54-732AC6D59D9A

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b) Market Risk. Defined as market value fluctuations due to overall changes in the general level of security prices, which shall be mitigated by structuring the Endowment Fund Balance as a diversified portfolio. The goal of diversification across various asset classes, sectors, and security types is to minimize market risk while improving performance.

c) Inflation Risk . D efined as the risk that inflation will undermine and erode an investment's returns through a decline in purchasing power, which shall be mitigated by investing in a diversified portfolio of investment grade securities whose returns exceed the rate of inflation.

The Foundation should target a 30%/70% asset allocation in its first fiscal year with a 30% target allocation to equities and 70% to fixed income investments. In its second fiscal year, the allocation should target 50%/50% equity to fixed income. After such time the Foundation investment committee may adjust the allocation in accordance with best practices and the advice of its investment advisor.

The Foundation will not invest directly in the stock of Pacific Gas & Electric Company (“PG&E”) but may invest in mutual funds or other pooled investment vehicles such as exchange-traded funds that could hold such securities. The Foundation will not purchase investments in individual company stock but will seek a diversified portfolio of low -cost funds.

5. Requirements.

(a) The Foundation’s grant program will be funded by investment returns and new contributions to the Foundation. Under no circumstances shall the Endowment Corpus be used for grants or administrative expenses beyond those allowed in Paragraph 7 without the approval of the San Carlos City Council.

(b) A minimum of 10% of the investment earnings must be added to Endowment Fund annually and not used for other purposes.

(c) An Annual Report shall be prepared and delivered to the City no later than 90 days following the close of the Foundation’s annual accounting period. The report shall include at a minimum the following information: annual goals and objectives; accomplishments; assets and liabilities; revenue and expenditures; operations; grants and projects; fundraising activity; and copies of Board meeting agendas and minutes.

(d) The Foundation shall make information concerning its activities, including investment activity, its books and records, available to the public at all times in the interest of transparency.

(e) The City maintains the right to periodically request an audit of the Foundation’s immediately prior or upcoming fiscal year -end financial statements . The Foundation will provide the City with a report of such audit as soon as reasonably possible after fiscal year end with a goal of deliv ery within 90 days. Work under this section will be at the City’s expense, including auditor fees and reasonable costs to prepare for such audit . The City reserves the right to request a financial review or specified audit procedures in lieu of an audit.

DocuSign Envelope ID: F423D843-84EF-40A8-AC54-732AC6D59D9A

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(f) Any grant awarded by the Foundation using earnings from the City contributed Endowment must comply with the following conditions:

i. Grants must provide support to community groups and individuals that contribute to the development and well-being of the San Carlos community.

ii. Grant applicant’s project/program/service must support a public benefit or purpose and not support religious beliefs, purposes or activities.

iii. Grant funds cannot be used to carry on propaganda, or otherwise to attempt to influence legislation.

iv. Grant funds cannot be used to influence the outcome of any specific public election of any candidate for public office, or to carry on, directly or indirectly, any voter registration drive.

v. Grant funded projects and programs must be open to all ethnicities, races, genders, and sexual orientations as defined by state and federal law.

vi. In addition to the above minimum requirements, the Foundation should favorably consider grant applications demonstrating the following attributes:
strong organization/management skills; effective plan of project, program and service delivery beneficial to the San Carlos community; and organized funding plan and budgeting management of grant resources.

6. Termination of Agreement. The following events may constitute Termination Events under this Agreement: i) the Foundation failing to maintain its 501(c)3 or similar tax status; ii) the Foundation ceases to exist; iii) the Foundation violates a material term of this Agreement that causes it to be unable to carry out the purpose of this Agreement.

In the event that the City believes a Termination Event has occurred, it shall give notice to the Foundation of such event. The F oundation shall have a 90- day period to cure such event. This period will be extended with approval of the City as long as there is a plan to cure in place that requires more time. During the cure period, the Foundation will not make any new grants without City consent. If the event is not cured, the City may request that the Foundation return the Endowment Fund Balance within 45 days of such request , whereby the Foundation must return the funds to the City.

7. Allowable Costs. No more than 1% of beginning period assets of the Endowment may be used for administrative costs. The costs of investment and fund management fees of professional managers and advisors shall be allowable and netted against investment returns and not classified as administrative costs. The Endowment Fund Balance may be separately managed or co-mingled with an endowment pool containing other funds. If co- mingled, the Endowment Fund Balance shall bear not more than its proportionate share of expenses.

To the extent that City provides any funds to cover expenses outside of this Agreement, the administrative costs charged to the Endowment Fund Balance will be reduced on a dollar for dollar basis.

DocuSign Envelope ID: F423D843-84EF-40A8-AC54-732AC6D59D9A

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8. Notice.

(a) All formal notices to a party shall be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, or by overnight courier delivery, to such party's mailing address. The respective mailing addresses of the parties are, until changed as hereinafter provided, the following:

CITY:

City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attention: City Manager

FOUNDATION:

San Carlos Community Foundation
610 Elm Street, Suite 206
San Carlos, CA 94070
Attention: CEO
With an email copy delivered to the President of the Foundation

(b) Notices and communications wi th respect to technical matters in the routine performance and administration of this Agreement shall be given by or to the appropriate representative of a party by such means as may be appropriate to ensure adequate communication of the information, including written confirmation of such communication where necessary or appropriate. All formal notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed or sent by courier, on the delivery date or attempted delivery date shown on the return receipt or courier records. Any notice which a party desires to be a formal notice hereunder and binding as such on the other party must be given in writing and served in accordance with this paragraph.

(c) A party may change its, his or her mailing address at any time by giving formal written notice of such change to the other party in the manner provided in this paragraph at least ten (10) days prior to the date such change is affected.

9. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into between California residents and wholly to be performed in California. This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements between the parties. This Agreement may not be modified, and no provision waived, without the prior written consent of the party against whom enforcement of the amendment or waiver is sought. If any portion of this Agreement is determined by a court of relevant jurisdiction to be invalid, then the remaining portions of this Agreement shall rem ain in full force and effect.

10. Time. Time is of the essence of this Agreement and of each and every term and condition hereof. "Days" shall mean calendar days. In the event that any period of time to perform DocuSign Envelope ID: F423D843-84EF-40A8-AC54-732AC6D59D9A

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an obligation or notice period under this Agreement ends on a Saturday, Sunday or state or national holiday, the applicable time period shall be extended to the next business day.

[SIGNATURE PAGE TO FOLLOW]
DocuSign Envelope ID: F423D843-84EF-40A8-AC54-732AC6D59D9A

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Agreement Revised 03/14/2019

SIGNATURE PAGE

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF SAN CARLOS:

Dated: _________________________________ Jeff Maltbie, City Manager

ATTEST:

Dated: ________________________________ Crystal Mui, City Clerk

APPROVED AS TO FORM:

Dated:

Gregory J. Rubens, City Attorney

CONSULTANT/CONTRACTOR/VENDOR:

I acknowledge that I have full authority to execute this agreement on behalf of the Consultant/Contractor/Vendor, and have read, understand, and agree to comply with the provisions of this Agreement, including the Insurance and indemnity requirements set forth herein.

Dated:

DocuSign Envelope ID: F423D843-84EF-40A8-AC54-732AC6D59D9A Jessica H. Yang
San Carlos Community Foundation
President
November 19, 2019
November 25, 2019
November 25, 2019
November 25, 2019

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AnnualReport
CommunityFoundationof SanCarlosFY22-23
ExecutiveSummaryAswe’vereturnedtonormalcy, withcitysponsoredeventsbackonthecalendar aswell asotherorganizationsbringingpeopletogether, theCommunityFoundationof SanCarlos(“theFoundation”) focusedour effortstocelebrate, challenge, lift up, andengageabroader diversityof peopleinbuildingcommunitytogether. Someof themainactivitiesincludedtheannualCommunityGrantstononprofits, the21-DayEquityChallenge, the‘StandUnitedAgainst HatePoetrySlam’, anAsianAmerican, NativeHawaiinandPacificIslander cultural event andacommunityconversationandlearningsessionongender identityandinclusion.

Eachyear, weaimtoprovideover $100,000inoperational support tolocal nonprofitsservingthosewholive, work, play, or learninSanCarlos. Last year’sgrant programprovided12small,nonprofit organizationsgrantsbetween$2,000and$10,000, totaling$102,000. Inaddition, wefundeda$5,000off cyclegrant toalocal nonprofit that wasimpactedbylast winter’sflooding.Thisbringsthetotal fundsgrantedinthefour yearsof grant-makingto$789,000. Thesefundshavebeenput toavarietyof great usesbyour local nonprofits.

Prudent management of theendowment providedpositiveInvestment returnstogether withgenerouscontributionsfromindividuals, businesses, foundations, andgovernments, sufficient tofundthesecommunitybuildinggrants, gatherings, andconversations. Hundredsof hoursofvolunteer workanddonatedservicesfromlocal professionalsandbusinessesallowedthefoundationtoonceagainkeepexpensesunder budget andverymodest.

Grant Making–2022Fall CommunityGrantsInthefall of 2023, theCommunityFoundationof SanCarlosawarded$102,000totwelvelocalnonprofitsservingthosewholive, work, learn, or playinSanCarlos. Applicationswereevaluatedandscoredbyadiversegroupof communityvolunteers. Wealsogaveanemergencygrant of $5KtoOneLifeCounselingwhoseofficesonLaurel Street wereseverelydamagedduringtheJanuaryfloods.

For the2022-2023grant round, wemadeasignificant change: Wedecidedtofocusourgrant-makingonsmall andemergingnonprofitswithoperatingexpensesbelow$1.5M.Here’swhy:
● Giventhat theuniquepressuresof thepandemicweresubsiding, werealizedwecouldreallocatefundsfromsomeof theverylargecoreagencieslikeSamaritanHouseandthe

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SiliconValleyFoodBankandmakethebiggest impact in2022-23byhelpingnewer,emerging, andspecializednonprofits.● Duetoour short 4-year history, our grant fundsaresmall relativetomost foundations. Ourmaximumgrant of $10Kisfinanciallymorematerial totheselow-budget organizationsthanit istoonewithamulti-milliondollar budget.● Theseorganizationsneedfundstohelpthemlearn, buildcapacity, andscaleor tocontinueimportant servicestounderservedsegmentsof thepopulation.● Without professional grant writersandfundraisers, smaller nonprofitsgenerallyhaveaharder timeaccessingfundingfrombigfoundationsandcorporations. Plus, agrant fromour Foundationgivesthemcredibilitythat theycanhopefullyleverageintodonationsfrombigger players. Inasense, theFoundationplaystherolesimilar toaseedor angel investorintheprivatesector.● For donors, thisstrategyprovidesvaluetoo. Manyof thesegreat local institutionsarerelativelyunknowntothosebeyondtheir immediateconstituents. Our grantsteamresearchesandcarefullyevaluateseveryrecipient, sothat donorscanbeassuredthat theirinitiativeshaveagoodchanceof successandthat their workisfillinganimportant need.

NonprofitsSupported

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Endowment Performance&Financial Update
Theyear endedJune2023wastheFoundation’sthirdfull year of operations. Asaresult ofinvestment returnscombinedwithdonationsfromthecommunity, theCommunityFoundation’sendowment portfolioincreasedby7.3%to$2.36millionfrom$2.16millionat thestart of theperiod.

Duringtheyear, theFoundationreceived$94,438incontributions. TheFoundationmadegrantstolocal organizationstotaling$107,000andsupportednumerousprogramsandevents.Operatingexpensesof $13,618werewell under budget. TheFoundationcontinuestokeepsufficient cashinreservetosupport continuedoperationsinthefollowingfiscal year withouthavingtodipintotheendowment.

CommunityBuildingthroughSocial Justice
TheFoundationbuildscommunitythroughout theyear byprovidingnonprofit organizationswithfinancial support aswell asbybringingpeopletogether tolearn, discuss, celebrate, andchallengeeachother.

CommunityLearning&Conversations
● Inthemonthof October, our communitycametogether tolearnandgrowcollectivelybyparticipatinginthe21DayEquityChallenge. Wehad117participantsembarkonthisimportant journeytodeepenour understandingof inequityandracism. OnNovember 1st weconcludedthe2022editionof thechallengewithacommunityconversationledbylocal expertsBeaKimandDr. GraceChen.● StartinginDecember 2022, wepartneredwiththeSanCarlosLibrarytolearnmoreabout thecommunitybypostinga“SanCarlosQuestionof theWeek” bythebookreturnsarea. Questionshaverangedfrom“What makesyoufeel likeyouarebeingheard?” to“What isyour favoriteplacetobeinSanCarlos”. Seethewebsitefor afulllisting.● OnMarch15, 2023aspart of itsCommunityConversationsseries, theFoundationhostedavirtual Gender IdentityandInclusionwebinar inpartnershipwiththeSanCarlosYouthAdvisoryCommission(YAC) andtheSanMateoPrideCenter. Wewereblownawaybytherichconversationandlearningssharedincommunitywiththeover50attendeeswhoattendedtheeducational presentationandconversation.● EstatePlanningSeminar for Families- May3, 2023. SanCarlos, EstatePlanningattorney, KimberlyN. Barrot of Falk, Barrot &Associates, LLPpresentedavirtualseminar intendedtoeducatecommunitymembersonhowtoobtainpeaceof mindinplanningfor thefutureandprotectingfamilyintheevent of unforeseencircumstances.

PhysicalSpaces● Laurel Street BannerswerehungtocelebrateLatinxHeritageMonth(September)andStandUnitedAgainst HateWeek(November).

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CommunityDiversityCelebrations
● LatinxHeritageMonth(September 2022) –TheFoundationprovidedonlineresources, events, activities, and communityprofile”VivaLatinx”https://cfsancarlos.org/latinx. TheLatinxNight @Devil’sCanyonBrewingCompanyonSeptember 16, 2022featuredvendorsandfoodtrucksownedandoperatedbyour Latinxcommunitymembers.● UnitedAgainst HatePoetrySlam(November 2022). Eachyear since2017, Bayareacommunitiesdedicateaweektolearningabout andtakingactiontoendhate.Foundationisleadingour communityinlearningmoreabout theunbalancedhistoryandhowasacommunitywecanworktogether toright thefuture. OnNovember18, 2022, acool Fridaynight at Devil’sCanyonBreweryinSanCarlos, thecommunitycametogether tospreadwarmthandloveaspoetssharedtheir storiesof overcominghate. Aspart of thefoundation’smissiontobuildcommunity, thisevent invitedparticipationfrompeopleof all agesandbackgrounds. Thepoemsandperformancesdealt withimportant issuessuchasdiscriminationonavarietyoflevelsandsocial injusticesaswell ascelebratedinfluential mentorsandfamilymembers. Theaudiencelistenedsilentlythenroaredwiththeir applausefor the9presenters. Threeartistswerechosenbytheaudiencetodirect adonationfromthefoundationtothecharityof their choice.● BlackHistoryMonth(February2023) –TheFoundationprovidedonlineresources,events, activitiesand communityprofile“BlackJoy” –https://cfsancarlos.org/blackhistory● AsianAmerican, NativeHawaiin, PacificIslander (AANHPI) HeritageMonth(May2023) –TheFoundationprovidedonlineresources, events, andactivities. In-personcelebrationheldat theSanCarlosYouthCenter featuredperformancesfromZiruDance, theAdult CommunityCenter’sTai Chi group, aBollywoodmedleydancebylocal communitydancers, andseveral others.

ResponsetoTragedyOnthemorningof September 82022, tragedystruckaSanCarlosfamilyinthemostextremeformof domesticviolence. KarinaCastrowasbrutallymurdered, leavingher twoyoungchildrenwithout their primarycaretaker.

TheFoundation, inpartnershipwiththeCityof SanCarlos, acceptedapproximately$50,000fromover 500generousdonorsfromSanCarlos, thegreater SanFranciscoBayArea,acrossthenationandtheglobe. Theoutpouringof support for thesechildrenfromtheSanCarloscommunityexemplifieshowour communityrespondstotragedy.

Thesefundsarebeingheldintrust for thefuturebenefit of thevictim’schildren. TheFoundationandtheCityof SanCarlosareworkingwiththeappropriategovernment agenciesandthefamilytoset uptheright structuretoensurethat 100%of collectedfundswill benefitthesechildren.

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Total
ASSETS
Current Assets
Bank Accounts
Checking - First Republic 119,372
MM - First Republic 631
Schwab Money Market 101,518
Total Bank Accounts $ 221,520 Accounts Receivable
Account Receivable 0
Receivable - Other 0
Total Accounts Receivable $ 0 Other Current Assets
Uncategorized Asset 0
Undeposited Funds 1
Total Other Current Assets $ 1 Total Current Assets $ 221,521 Other Assets
Investments - Endowment 2,359,001
Total Other Assets $ 2,359,001 TOTAL ASSETS $ 2,580,522

LIABILITIES AND EQUITY
Liabilities
Current Liabilities
Accounts Payable
Accounts Payable 0
Total Accounts Payable $ 0 Other Current Liabilities
Grants Payable 0
Other Current Liabilities 52,523
Sales Tax Payable 0
Total Other Current Liabilities$ 52,523 Total Current Liabilities $ 52,523 Total Liabilities $ 52,523 Equity
Retained Earnings 2,406,912
Net Revenue 121,087
Total Equity $ 2,527,999 TOTAL LIABILITIES AND EQUITY $ 2,580,522 Community Foundation of San Carlos
Statement of Financial Position
As of June 30, 2023

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Actual Budget over Budget % of Budget
Revenue
Donations Received
Donations - Restricted 10,500 10,500
Government Grants 46,625 40,000 6,625 116.56%
Total Donations - Restricted $ 57,125 $ 40,000 $ 17,125 142.81% Donations - Unrestricted 37,313 55,000 -17,687 67.84% Total Donations Received $ 94,438 $ 95,000 -$ 562 99.41% Investment Returns
Investement Management -14,698 -14,698
Investment Change in Value 96,917 96,917
Investment Income Interest & Dividend 78,320 78,320
Total Investment Returns $ 160,539 $ 0 $ 160,539 Total Revenue $ 254,977 $ 95,000 $ 159,977 268.40% Gross Profit $ 254,977 $ 95,000 $ 159,977 268.40% Expenditures
Community Outreach
Grants Paid - Discretionary 7,000 45,000 -38,000 15.56% Grants Paid - Grant Cycle 102,000 100,000 2,000 102.00% Program Advertising & Sponsorship 2,511 4,000 -1,489 62.79% Program Collateral 1,731 4,000 -2,269 43.28%
Program Events 7,029 12,500 -5,471 56.23%
Total Community Outreach $ 120,272 $ 165,500 -$ 45,228 72.67% Operating Expenses
Accounting Tax & Reporting 2,615 4,000 -1,385 65.37% Board Related 3,163 7,850 -4,688 40.29%
Dues & subscriptions 522 400 122 130.50%
Insurance 1,250 1,300 -50 96.15%
Legal & Regulatory 95 150 -55 63.33%
Other Admin 216 216
Payment Fees 270 400 -130 67.39%
Software & IT Services 4,986 5,000 -14 99.72%
Supplies/Office Exp 142 142
Website 360 400 -40 90.10%
Total Operating Expenses $ 13,618 $ 19,500 -$ 5,882 69.84% Total Expenditures $ 133,890 $ 185,000 -$ 51,110 72.37% Net Operating Revenue $ 121,087 -$ 90,000 $ 211,087 -134.54% Net Revenue $ 121,087 -$ 90,000 $ 211,087 -134.54% Total
Community Foundation of San Carlos
Budget vs. Actuals: FY23 Budget - FY23 P&L
July 2022 - June 2023

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Unrestricted Restricted Endowment Total
Revenue
Donations Received 37,313 57,125 94,438 Investment Income 2,190 158,349 160,539 Transfer to Endowment (39,602) 39,602 - Transfer from Endowment - -
Total Revenue (99) 57,125 197,951 254,977 Grants and Expenses
Grants Paid 57,000 52,000 109,000 Operating Expenses 3,849 21,041 24,890 Total Grants & Expenses 60,849 73,041 - 133,890 Change in Net Assets (60,948) (15,916) 197,951 121,087 Net Assets at Beginning of Year 219,033 26,829 2,161,050 2,406,912 Net Assets at End of Year 158,085 10,913 2,359,001 2,527,999 Community Foundation of San Carlos
Statement of Changes in Net Assets
July 2022 - June 2023

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San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Special Meeting
Collaboration Room, City Hall
600 Elm Street, San Carlos, CA 94070
August 28, 2023 6:00 PM

MINUTES

ROLL CALL

City Council Present: Adam Rak, Mayor
Ronald Collins, Councilmember
John Dugan, Vice Mayor
Sara McDowell, Councilmember
Pranita Venkatesh, Councilmembe
r

Staff Present: Jeff Maltbie, City Manager
Crystal Mui, City Clerk
Rebecca Mendenhall, Administrative Services Director
Angie Rodriquez, Human Resources Manager
Gregory Rubens, City Attorney

1. CALL TO ORDER

Mayor Rak called the meeting to order at 7:00 PM.

2. PUBLIC COMMENT

None.

3. CLOSED SESSION

a. Conference with Labor Negotiators Cue, Maltbie, Mendenhall, Rodriguez and Rubens- (Closed Session Pursuant to Government Code Section 54957.6) All Units.

b. Public Employee Performance Evaluation – Closed Session Pursuant to Government Code Section 54957(B)(1)
– City Manager.

c. Conference with Labor Negotiator Rubens – (Closed Session Pursuant to Govt. Code Section 54957.6) – City Manager.

The City Council recessed at 7:00 PM to conduct its Regular Meeting and reconvened this Special Meeting at 10:30 PM.

4. 5.

REPORT FROM CLOSED SESSION

None.

ADJOURNMENT

Mayor Rak adjourned the meeting at 11:50 PM.

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Crystal Mui,
City Clerk

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San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
August 28, 2023 7:00 PM

MINUTES

ROLL CALL

City Council Present: Adam Rak, Mayor
Ronald Collins, Councilmember
John Dugan, Vice Mayor
Sara McDowell, Councilmember
Pranita Venkatesh, Councilmember

Staff Present: Nil Blackburn, Assistant City Manager
Lisa Costa Sanders, Principal Planner Consultant
Steven Machida, Public Works Director
Jeff Maltbie, City Manager
Andrea Mardesich, Assistant Community Development Director Caitlyn Matoso, Recreation Supervisor
Rebecca Mendenhall, Administrative Services Director
Crystal Mui, City Clerk
Lisa Porras, Planning Manager
Angie Rodriguez, HR Manager
Gregory Rubens, City Attorney
Al Savay, Community Development Director

1. CALL TO ORDER

Mayor Rak called the meeting to order at 7:00 PM.

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

All Councilmembers are participating in this meeting in person.

3. PLEDGE OF ALLEGIANCE

Mayor Rak led the Pledge of Allegiance.

4. CHANGES TO THE ORDER OF THE AGENDA

None.

5. REPORT FROM CLOSED SESSION

City Attorney Greg Rubens reported that the City Council ’s 6:00 PM Special Meeting this evening was not completed. Following the adjournment of this Regular Meeting, the City Council will reconvene in the Collaboration Room to continue the Closed Session.

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6b. Present a Proclamation Recognizing the Medical Equipment Loan Program.

Mayor Rak moved item 6b up on the agenda to be heard prior to item 6a.

Mayor Rak presented a proclamation to Rotary President Elect Daniel Taylor recognizing the Medical Equipment Loan Program.

Mr. Taylor spoke on the program and thanked Council for the recognition.

Public Comment
- Charles Stone spoke in appreciation of the Medical Equipment Loan Program.

Vice Mayor Dugan thanked the Rotary Club for this program.

6. PRESENTATIONS

a. Present a City Coin to Community Volunteer Cameron Miller.

Mayor Rak highlighted Cameron Miller’s accomplishments in the community and presented him with a City Coin as a token of appreciation.

Mr. Miller named a few volunteers he’s worked with over the years and thanked his wife for her support and providing him the opportunity to serve.

Councilmember McDowell thanked Mr. Miller for his community service.

Public Comment
- Charles Stone thanked Mr. Miller for his years of service on the youth softball organization.

b. Present a Proclamation Recognizing the Medical Equipment Loan Program.

Mayor Rak moved item 6b up on the agenda to be heard prior to item 6a.

7. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS

Mayor Rak announced that the City will be hosting a Civics Academy this fall and is now accepting applications. He also reported that he commenced the Parks and Recreation Foundation’ s Run Footloose Run fundraising event, and the City received a $150,000 grant from Assemblymember Papan’s Office for the Safe Routes to School Program.

8. PUBLIC COMMENT

Giovanni inquired about the Environmental Impact Report for the Quarry Road project.

Mayor Rak requested that staff follow-up with Giovanni.

9. CONSENT CALENDAR

City Clerk Crystal Mui reported that while the agenda title for item 9k - Sewer Rehabilitation Project, requests Council to appropriate funds for the project, that action is no longer needed. The staff report and Resolution in the packet displays the correct actions for Council consideration this evening.

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MOTION: Approve the City Council Consent Calendar items ‘a’ through ‘k’; and item ‘l ’ adopting Ordinance 1598 a pproving the 642 Quarry Road Project Planned Development Plan and Related Zoning Map Amendment to Rezone the Project Site from Light Industrial (IL) to Planned Development (PD) at 642 Quarry Road (APN 046--041 --380 ); and
item ‘m’ adopting Ordinance 1599 approving a Development Agreement with 642 Quarry Owner, LLC for the 642 Quarry Road Project.

MOVER: John Dugan
SECONDER: Ronald Collins
AYES: Collins, McDowell, Venkatesh, Dugan, Rak
NAYS: None.

RESULT: Motion Passed 5 - 0

a. Motion to Waive Reading of All Ordinances.

b. Approve the June 26, 2023 City Council Special Meeting Minutes.

c. Approve the June 26, 2023 City Council Regular Meeting Minutes.

d. Accept Fiscal Year 2022-23 Fourth Quarter Investment Report Ending June 30, 2023.

e. Authorize the City Manager to Sign the Letter Prepared by Staff in Response to the 2022-2023 San Mateo County Civil Grand Jury Report “Accessory Dwelling Units: Affordable Housing's Panacea or Prevarication."

f. Adopt a Resolution Accepting the 2023 Citywide Sewer System Root Foaming Project C1752 and Authorizing the Public Works Director to Issue and Record a Notice of Completion.

Resolution 2023-101

g. Deny Claim of Johanna Siegrist.

h. Adopt a Resolution Approving the Use of the Library Excess Funds in Fiscal Year 2023 -24 in Accordance with the Library Joint Powers Authority Agreement; Creating a New Capital Project AC Rooftop Unit Project; and Appropriating $965,000 from the Library Tenant Fund 0095 (Fund 95) in FY 2023-24 to the New AC Rooftop Unit Project ($800,000), Library Maintenance and Repair Project (C1734) ($130,000) and Library Maintenance Funds ($35,000). Resolution 2023-102

i. Deny Claim of Nina and Ray Gabb.

j. Adopt a Resolution Appropriating $74,560 from the Wastewater Fund (Fund 06) in Fiscal Year 2023-24; Authorizing the City Manager to Execute a Professional Services Agreement with Black & Veatch for the Sanitary Sewer Model Update and Management Plan C2302 in the Amount of $299,411 ; and Authorizing an Expenditure of Contingency up to the Remaining Project Budget. Resolution 2023-103

k. Adopt a Resolution Appropriating $780,016 from the Wastewater Fund (Fund 06) to C9617 in Fiscal Year 2023-24; Awarding the 2023 Sewer Rehabilitation Project C9617; Authorizing the City Manager to Execute a Public Projects Agreement with JMB Construction, Inc. of South San Francisco, CA in the Amount of $5,965,671; and Authorizing the Expenditure of Contingency up to the Project Budget. Resolution 2023-104

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l. Adopt Ordinance 1598 Approving the 642 Quarry Road Project Planned Development Plan and Related Zoning Map Amendment to Rezone the Project Site from Light Industrial (IL) to Planned Development (PD) at 642 Quarry Road (APN 046-041-380).

m. Adopt Ordinance 1599 Approving a Development Agreement with 642 Quarry Owner, LLC for the 642 Quarry Road Project.

10. NEW BUSINESS

a. Consideration of Adopting a Resolution Adopting a Memorandum of Understanding Between the City of San Carlos and the American Local 856, Freight Checkers, Clerical Employees and Helpers Union, International Brotherhood of Teamsters ("Teamsters") Unit for t he Period of September 1, 2023 through August 31, 2026.

Administrative Services Director Rebecca Mendenhall presented the item and highlighted the proposed terms for the Teamsters Memorandum of Understanding.

MOTION: Adopt Resolution 2023 -105 Adopting a Memorandum of Understanding ("MOU") Between the City of San Carlos and the American Local 856, Freight Checkers, Clerical Employees and Helpers Union, International Brotherhood of Teamsters ("Teamsters") Unit for the Period of September 1, 2023 through August 31, 2026.

MOVER: Sara McDowell
SECONDER: John Dugan
AYES: Dugan, Collins, McDowell, Venkatesh, Rak
NAYS: None.

RESULT: Motion Passed 5 - 0

b. Consideration of Adopting a Resolution Authorizing an Additional Appropriation of $445,000 in Fiscal Year 2023 -24 from the General Capital Fund 0025 (Fund 25) Unassigned Fund Balance to Project C2105 – Downtown Planning Initiative; Authorizing the City Manager to Execute Professional Services Agreements with WRT, LLC in the Amount of $7 68,781 and with W-Trans in the Amount of $118,690; and Authorizing an Expenditure of Contingency up to the Revised Project Budget.

Community Development Director Al Savay commenced the item. He outlined the consultant selection process and recommended tasks to add to the project’s scope of work . He then turned the presentation over to WRT Consultant James Stickley to introduce his team and speak on projects they’ve recently completed. Mr. Stickley, Mr. Savay and City Attorney Greg Rubens responded to Council questions.

Public Comment
- Soloman Liu noted his appreciation that the 700 block of Laurel Street closure is non - negotiable and inquired on the vendors’ experience with planning and transportation.

At Mayor Rak’s request, Mr. Stickley and Traffic Consultant Mark Spencer responded.

Council directed staff to:
- ensure the February 2025 deadline is met
- continue to be creative with the downtown to make it an experience - incorporate culture and children’s work in the downtown

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MOTION: Adopt Resolution 2023 -106 authorizing an Additional Appropriation of $445,000 in Fiscal Year 2023- 24 from the General Capital Fund 0025 Unassigned Fund Balance to Project C2105 – Downtown Planning Initiative; Authorizing the City Manager to Execute Professional Services Agreements with WRT, LLC in the Amount of $768,781 and with W -T rans in the Amount of $118,690; and Authorizing an Expenditure of a Contingency up to the Revised Project Budget.

MOVER: Pranita Venkatesh
SECONDER: Ronald Collins
AYES: Venkatesh, Dugan, Collins, McDowell, Rak
NAYS: None.

RESULT: Motion Passed 5 - 0

c. Consideration of Adopting a Resolution Providing Authority to the City Manager to Administer a Program Allowing for the Temporary Closure of the 700 Block of Laurel Street for Special Events and Other Time -Limited Purposes, Extending the Temporary Downtown Parklet Program, and Providing for Expiration of Both Programs on September 15, 2024.

City Attorney Greg Rubens provided background on the temporary closure of the 700 block of Laurel Street, outlined staff’ s recommendation and, along with City Manager Jeff Maltbie, responded to Council questions.

Concerns were expressed regarding providing authority to the City Manager to administer the program to temporarily close the 700 block of Laurel street.

Public Comment
None.

MOTION: Adopt Resolution 2023-107 allowing for the temporary closure of the 700 Block of Laurel Street for special events and o ther time limited purposes, extending the Temporary Downtown Parklet Program, and p roviding for expiration of both programs on September 15, 2024.

MOVER: Sara McDowell
SECONDER: Pranita Venkatesh
AYES: McDowell, Venkatesh, Dugan, Collins, Rak
NAYS: None.

RESULT: Motion Passed 5 - 0

d. Consideration of Adopting a Resolution of Intent for the Closure of the 700 Block of Laurel Street Between Cherry and Olive Streets to Vehicular Traffic Under the Pedestrian Mall Law of 1960.

Public Works Director Steven Machida presented on a pedestrian mall at the 700 block of Laurel Street and, along with City Attorney Greg Rubens and City Manager Jeff Maltbie , responded to Council questions.

Council directed staff to:
- make received protests available for public inspection online, and consider posting public comments as well
- update and manage signage in the downtown to avoid congestion and confusion

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Public Comment
- Debbie Baldocchi, resident, request ed Council to reserve the authority to make important decisions instead of delegating to staff.

- Sonia Elkes, resident, requested bike parking on the north end of the 700 block in front of Holly Hill.

MOTION: Adopt Resolution 2023-108, a Resolution of Intent Initiating a Process for the Closure of the 700 Block of Laurel Street Between Cherry and Olive Streets to Vehicular Traffic Under the Pedestrian Mall Law of 1960.

MOVER: Ronald Collins
SECONDER: John Dugan
AYES: Collins, McDowell, Venkatesh, Dugan, Rak
NAYS: None.

RESULT: Motion Passed 5 - 0

City Council recessed at 8:42 PM and reconvened at 8:48 PM.

11. PUBLIC HEARING

a. Consideration of Below Actions (shown as i, ii and iii) for the Life Science/Research & Development Project at 841 Old Country Road (APNs 046 -133-160, 046-134-050, 046-134- 060, 046 -135-010, 046- 135-020, 046 -135-030, 046- 135-040, 046- 182-100, 046- 182-110, 046-182-150).

Principal Planned Lisa Costa Sanders provided background on the project site, spoke on the proposed project and turned the presentation over to Fiscal Consultant Jim Simon to provide an overview of the community benefits.

Applicant Jeff Sobrato spoke on the Sobrato Organization and their outreach to the community, and then turned the presentation over to their Architect Marc Pfenninger to provide additional details on the proposed project.

Each Councilmember disclosed that they individually met with the applicant for informational purposes only and noted that it would not impact their vote this evening.

Mr. Simon, Ms. Costa Sanders and City Manager Jeff Maltbie responded to Council questions.

Public Comment
- Jeff Maley, resident and member of the Greater East San Carlos (GESC) Board, inquired about the excavation process of hazardous dirt and made suggestions for the developers to consider regarding recycled water and a pedestrian crossing at Old County Road.

- Solomon Liu, resident, expressed concerns regarding pedestrian safety and traffic in the area and advocated for more connection to the east side.

- Debbie Baldocchi, resident, referenced comments made in her letter that she submitted to Council this evening and requested that the project’s mitigated negative declaration be denied and that the developer not be given priority for water over residents.

- Dimitri Vandellos, resident, requested staff to provide earlier notif ication of plan developments to the GESC so that they have a dditional time to make substantive

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changes. He posed questions and expressed concerns on the community benefits and the setback at Old County Road.

- Jennifer Rosse, resident and member of the GESC Board, expressed concern with the routing of the dirt removal and requested that the bike lanes connect.

- Giovanni, resident, noted the amount of t raffic after 5:00 PM on Old County Road and expressed concerns that the City Councilmembers met individually with the developers.

At Mayor Rak’s request, Ms. Costa Sanders and the City’s Traffic Engineer Consultant, Mark Spencer, addressed the questions and concerns from public comment.

Mr. Sobrato, Mr. Pfenninger, Ms. Costa Sanders and Mr. Rubens responded to Council’s additional questions.

Council expressed concern with this project’s lack of community benefits and voiced interest in continuing the item so the developers may reconsider additional benefits.

MOTION: Approved to continue this item to a date uncertain.

MOVER: Sara McDowell
SECONDER: Pranita Venkatesh
AYES: Venkatesh, Dugan, McDowell, Rak
NAYS: Collins
RESULT: Motion Passed 4 – 1

i. Adopt a Resolution Adopting the Mitigated Negative Declaration and the Associated Mitigation Monitoring and Reporting Program.

ii. Introduce an Ordinance Approving the 841 Old County Road Project Planned Development Plan and Related Zoning Map Amendment to Rezone the Project Site from Heavy Industrial (IH) to Planned Development (PD) at 841 Old County Road (APN 046-133-160, 046-134-050, 046-134-060, 046-135-010, 046-135-020, 046-135-030, 046-135-040, 046-182-100, 046-182-110, 046-182-150).

iii. Introduce an Ordinance Approving a Development Agreement with the Sobrato Family Foundation.

12. AGENDA SETTING

a. Consideration of Agendizing an Item to Discuss Best Practices and New Standards to Fully Memorialize and Communicate Public Access Rights to Private Property with Deeded Public Easements.

Vice Mayor Dugan requested the opportunity to discuss best practices for handling the public amenities provided by developments, including communicating availability to the public, proper signage and parking spaces; and requested that all public access be deeded.

Council expressed support to agendize this item for a future meeting.

b. Consideration of Agendizing an Item to Discuss the Preparation of a Historical Resource Inventory of the City.

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Mayor Rak requested a n assessment of commercial and residential propert ies that may have historical significance.

Council voiced interest in agendizing the item for future discussion and having staff present options and costs to preserve properties of historical significance.

13. ADJOURNMENT

Mayor Rak adjourned the meeting at 10:28 PM and reconvened in the Collaboration Room to continue their Special Meeting’s Closed Session items.

Crystal Mui,
City Clerk

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 25, 2023
ITEM TITLE: Adopt a Resolution Accepting the 7 Winding Way Guardrail Project C1744 and Authorizing the Public Works Director to Issue and Record a Notice of Completion.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution accepting the 7 Winding Way Guardrail Project C1744 (“Project”) and authorizing the Public Works Director to issue and record a Notice of Completion.

FISCAL IMPLICATIONS:

There are no fiscal implications and no additional appropriation is needed at this time.

The Project is funded from C1744 which had an available budget of approximately $108,936 for Fiscal Year 2023-24. The City Council awarded a Public Projects Agreement to Golden Bay Construction, Inc. (“Contractor”) in the amount of $99,241 at its meeting on May 22, 2023.

The Project was completed per the award amount of $99,241 and no additional costs were incurred, nor were any contract change orders executed.

BACKGROUND:

An accident occurred at the intersection of Winding Way and Torino Drive involving a large truck that was unable to stop on the steep downhill grade along Torino Drive. Staff investigated the conditions and evaluated warrants which resulted in the recommendation to install a guardrail along the edge of the roadway at the bottom of Torino Drive.

Staff retained Bellecci & Associates, Inc. to prepare the construction documents. The final bid set construction documents were prepared and signed by the City Engineer on April 5, 2023.

The Project was publicly advertised on April 10, 2023, and sealed bids were opened by the City Clerk on April 27, 2023. The City Council awarded the Project to Golden Bay Construction, Inc. at its meeting on May 22, 2023. The Contractor began the Project on July 24, 2023.

ANALYSIS:

The Project was completed on August 4, 2023, in accordance with the approved final bid set construction documents.

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Therefore, staff recommends accepting the 7 Winding Way Guardrail Project C1744 and authorizing the Public Works Director to issue and record a Notice of Completion.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution accepting the 7 Winding Way Guardrail Project C1744 and authorizing the Public Works Director to issue and record a Notice of Completion; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida, Public Works Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2023 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS ACCEPTING THE 7 WINDING WAY GUARDRAIL PROJECT C1744 AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ISSUE AND RECORD A NOTICE OF COMPLETION.

WHEREAS, an accident occurred at the intersection of Winding Way and Torino Drive involving a large truck that was unable to stop on the steep downhill grade along Torino Drive; and
WHEREAS, staff investigated the conditions and evaluated warrants which resulted in the recommendation to install a guardrail along the edge of the roadway at the bottom of Torino Drive; and
WHEREAS, the 7 Winding Way Guardrail Project (“Project”) is funded from C1744 which had an available budget of approximately $108,936 for Fiscal Year 2023-24; and WHEREAS, staff retained Bellecci & Associates, Inc. to prepare the construction documents and the final bid set construction documents were prepared and signed by the City Engineer on April 5, 2023; and
WHEREAS, the Project was publicly advertised on April 10, 2023, and sealed bids were opened by the City Clerk on April 27, 2023; and
WHEREAS, the City Council awarded the Project to Golden Bay Construction, Inc. (“Contractor”) in the amount of $99,241 at its meeting on May 22, 2023; and WHEREAS, the Contractor began the Project on July 24, 2023 and completed it on August 4, 2023, in accordance with the final bid set construction documents; and WHEREAS, the Project was completed per the award amount of $99,241 and no additional costs were incurred, or contract change orders executed; and WHEREAS, staff recommends accepting the Project and authorizing the Public Works Director to issue and record a Notice of Completion.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby accepts the 7 Winding Way Guardrail Project C1744 and authorizes the Public Works Director to issue and record a Notice of Completion.
* * * * *
I, Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 25th day of September 2023, by the following vote:

AYES, COUNCILMEMBERS:___________________________________________ NOES, COUNCILMEMBERS:___________________________________________ ABSENT, COUNCILMEMBERS:___________________________________________

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________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 25, 2023
ITEM TITLE: Adopt a Resolution Authorizing the Approval of Exhibit C to the Second Amended and Restated Agreement Between the Cities of Redwood City and San Carlos for Fire and Emergency Services for Fiscal Year 2022-23 in the Amount of $9,067,435.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing the approval of Exhibit C to the Second Amended and Restated Agreement (“Agreement”) between the Cities of Redwood City and San Carlos for Fire and Emergency Services for Fiscal Year (“FY”) 2022-23 in the amount of $9,067,435.

FISCAL IMPLICATIONS:

There is no fiscal impact and no additional appropriation is needed with this action. The FY 2022- 23 Revised Budget included funding to cover the costs of the services.

Per Section 2.b.i.2 of the Agreement, increases and decreases in the actual costs incurred during the previous year will be reconciled and applied to the quarterly payment due. The total costs of $9,067,435 includes true-up costs associated with FY 2020-21 and FY 2021-22, as noted in the chart below:

FY 2020-21 True-up $ 14,191
FY 2021-22 True-up 115,450
FY 2022-23 Costs of Service 8,937,794
Total Exhibit C $ 9,067,435
BACKGROUND:

On April 23, 2018, the City Council approved a five-year renewal of the Agreement with the City of Redwood City to provide fire and emergency services for the City of San Carlos. Each year the City considers an approval of the Agreement’s Exhibit C - Cost of Services.

The Agreement includes fire suppression, incident command, fire administration and support, emergency medical Advanced Life Support (ALS) non-transport response, vehicle and technical rescue, training and personal development, emergency management, assistance with and management of code enforcement, plan review, inspections, fire scene investigations, and public education. The Agreement maintains minimum staffing levels for fire companies and provides for the same quick response times that San Carlos Fire had previously provided.

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Although the Agreement expired on June 30, 2023, the city councils of both agencies agreed to extend the Agreement until December 31, 2023, with an optional extension to March 31, 2024.

ANALYSIS:

The Agreement includes the following assignment of personnel:

Position # of FTE
Fire Chief 0.25
Deputy Fire Chief 0.66
Management Analyst 0.33
Administrative Assistant 0.33
Battalion Chief 1.00
Fire Captain 6.00
Firefighter/Engineer 12.00
Fire Marshal 0.33
Administrative Secretary 0.33
Fire Prevention Officer 0.50
Training Battalion Chief 0.33
Total Full Time Equivalent Personnel Assigned 22.06
The chart below reflects the annual contract costs since the beginning of the five-year term on July 1, 2018. The true-up costs for FY 2020-21 in the amount of $14,191 and FY 2021-22 in the amount of $115,450 have been included in the total costs of Exhibit C for FY 2022-23.

FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 ProposedFY 2022-23Admin Services 497,609 530,685 548,893 579,886 592,123Command/Operations 5,926,906 6,161,120 6,453,642 6,812,350 7,130,812Fire Prevention 263,022 291,605 322,392 334,056 345,502Training 119,518 127,362 141,040 141,399 146,538Supplies/Services 259,060 264,241 269,527 274,918 280,416Contractual Costs 400,894 412,899 425,260 433,746 442,403Total before true-up 7,467,009$ 7,787,912$ 8,160,754$ 8,576,355$ 8,937,794$ True-up costs (4,981) (140,970) 14,191 115,450Total Contract Costs 7,462,028$ 7,646,942$ 8,174,945$ 8,691,805$ 8,937,794$ % incr per Exhibit C 4.30% 4.79% 5.09% 4.21%% incr/year after true-up 2.48% 6.90% 6.32% The total charges for FY 2022-23 are $8,937,794, an increase of $361,439, or 4.21%, from the prior year before true-ups based on the following factors:

1. Compensation Changes. The total increase of $347,284, or 4.41%, in personnel costs, is due to negotiated salary and benefit adjustments and the negotiated portion of Redwood City’s Unfunded Actuarial Accrued Liability “Unfunded Rate” with CalPERS that the City is required to pay.

2. Other Costs. Included in the Agreement are charges for supplies and services that have been increased by 2% as per Section 2(b)(i)(4) of the Agreement.

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The true-up costs for FY 2020-21 in the amount of $14,191 and FY 2021-22 in the amount of $115,450 are the result of overages in budgeted overtime. Many factors contribute to the overtime expenditures including vacation, sick leaves, disability leaves, and long-term leaves/Family Medical Leave Act (FMLA). The fire stations require constant staffing and therefore, vacancies need to be filled using overtime. Overtime costs are offset by salary savings from true vacant positions until those positions can be filled following recruitment.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the approval of Exhibit C to the Second Amended and Restated Agreement (Agreement) between the Cities of Redwood City and San Carlos for Fire and Emergency Services for Fiscal Year (FY) 2022-23 in the amount of $9,067,435; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. Exhibit C – Cost of Services, to the Agreement

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RESOLUTION NO. 2023 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

AUTHORIZING THE APPROVAL OF EXHIBIT C TO THE SECOND AMENDED AND

RESTATED AGREEMENT BETWEEN THE CITIES OF REDWOOD CITY AND SAN CARLOS FOR FIRE AND EMERGENCY SERVICES FOR FISCAL YEAR 2022-23 IN THE AMOUNT OF $9,067,435.

WHEREAS, the City of San Carlos provides fire and emergency services to the residents, businesses, and properties within its jurisdiction; and WHEREAS, on April 23, 2018, the City Council of the City of San Carlos approved the Second Amended and Restated Agreement (“Agreement”) with Redwood City to provide fire and emergency services within San Carlos; and
WHEREAS, the current five-year Agreement expired on June 30, 2023; and WHEREAS, the city councils of both agencies agreed to extend the Agreement until December 31, 2023, with an optional extension to March 31, 2024; and WHEREAS, each fiscal year, the City Council will review and approve an amendment of Exhibit C (“Cost of Services”) of the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Carlos hereby authorizes the approval of Exhibit C to the Second Amended and Restated Agreement between the Cities of Redwood City and San Carlos for Fire and Emergency Services for Fiscal Year 2022-23 in the amount of $9,067,435.
* * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 25th day of September 2023, by the following vote:

AYES, COUNCILMEMBERS:___________________________________________ NOES, COUNCILMEMBERS:___________________________________________ ABSENT, COUNCILMEMBERS:___________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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* If actual overtime costs at the end of the fiscal year are greater than or equal to 105% of the amount budgeted in the Redwood City Operational Overtime budget (the “Overtime Budget Amount”), then Redwood City will invoice San Carlos for 24% of the difference between actual overtime costs and the Overtime Budget Amount. If actual overtime costs at the end of the fiscal year are less than or equal to 95% of the Overtime Budget Amount, then Redwood City will credit San Carlos for 24% of the difference between actual overtime costs and the Overtime Budget Amount

Page 1 of 3 ends

EXHIBIT “C”

STAFFING, RATES AND PAYMENTS
FY 2022-23

A. Administrative Services

STAFF FTE BUDGET
Fire Chief 0.25 $134,469
Deputy Chief 0.66 $325,123
Management Analyst 0.33 $74,001
Administrative Assistant 0.33 $58,530
TOTAL ADMINISTRATIVE SERVICES $592,123

B. Command and Operations

STAFF FTE/RATE BUDGET
Salary & Benefits - for 18 FTEs
C300-Battalion Chief 1 $434,682
F630-Fire Captain 6 $2,208,814
F700-Firefighter/Engineer 12 $3,676,843

Post-Retirement Health Benefit Credit
C300- Battalion Chief (100% retiree health- covered by SC) 1 ($14,500) F700-Firefighter/Engineer (100% retiree health- covered by SC) 1

($16,437)
Fire Captain (50% cost for retiree health unfunded liability) 6 ($18,888) Firefighters/Engineers (50% cost for retiree health unfunded liability) 10 ($31,480)

PERS Unfunded Liability Credit
RWC FD PERS rate (includes IAFF Cost Share) 56.66%
SC FD PERS rate (normal cost + 50% unfunded) 42.72%
Credit to SC (13.95)%
F630-Fire Captain (total salary at calculated rate above) 6 ($172,683) F700-Fire Fighter/Engineer (total salary at calculated rate above) 12 ($281,683)

Workers Comp at 80% Confidence Level 80% $506,164
SUBTOTAL $6,290,832

OPERATIONAL OVERTIME BUDGET
Overtime * $839,980
SUBTOTAL $839,980
TOTAL COMMAND AND OPERATIONS $7,130,812

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Page 2 of 3 ends

C. Fire Prevention

STAFF FTE BUDGET
Fire Marshal 0.33 $155,929
Fire Prevention Secretary 0.33 $48,816
Shared Fire Prevention Officer 0.50 $140,757
TOTAL FIRE PREVENTION $345,502

D. Training

STAFF FTE BUDGET
Training Battalion Chief 0.33 $146,538
TOTAL TRAINING $146,538

E. Supplies and Services

SUPPLIES/ SERVICES BUDGET
Office Expense (Field & Program Supplies) $15,424
Operating Supplies and Expense (PPE Replacement & Ongoing Costs)
$55,667
Repair and Maintenance Supplies and Expense (Emergency
Preparedness & Safety Equipment)
$32,690
Small Tools and Minor Equipment (Equipment Purchase) $11,020 Professional Services (Professional Services & Professional Services Administrative Costs)

• Salvage Equipment $399
• Mapping $2,267
• CERT, Pub Ed $2,164
• Net Six Maintenance $4,977
• Radio Repair & Maintenance $1,947
• Department Pagers $1,610
• Hand Cutting Tools $153
• SCBA Bench Calibration $1,050
• Fire Net Six JPA $15,887
• Zoll, Telestaff, Licensing & Software $14,264
• TB & SCBA Testing $5,575
• Recruitments $6,039
• Communications Expenses $7,199
• Ipad Subscription $4,280
• Administrative Operating Supplies & Expenses $4,146
• Training Expenses $469
• Membership & Meetings $1,056
• Conferences $1,103
• EMS Chief $49,322

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Page 3 of 3 ends

• Hose Replacement $3,543
• Fire Prevention $5,545
• Ergonomics $2,903
Training Expense $29,717
TOTAL SUPPLIES AND SERVICES $280,416

F. Contractual Costs

CONTRACTUAL COST BUDGET
Self-insured Workers Compensation Actuarial Costs (1/3 from previous year)
$900
Fire Station Rental Credit $(1)
Fire Truck Services $441,504
Prior Year Adjustment $129,641
TOTAL CONTRACTUAL COSTS $572,044

G. Summary of Cost to San Carlos

SERVICE BUDGET
(A) Administrative Services $592,123
(B) Command and Operations $7,130,812
(C) Fire Prevention $345,502
(D) Training $146,538
(E) Supplies and Services $280,416
(F) Contractual Costs $572,044

GRAND TOTAL

$9,067,435

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 25, 2023
ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Tyler Technologies, Inc. to Implement a Cloud Hosted Enterprise Permitting and Licensing System and Upgrade the Existing Tyler Technologies Financial System to a Cloud Environment for Integration Purposes in the Amount of $716,253 for a Three-Year Contract with the Option to Renew the Annual Subscription Services Until the Systems Need to be Replaced and Authorizing a 20% Contingency During the Implementation Period.

RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager to execute an agreement with Tyler Technologies, Inc. to implement a cloud hosted enterprise permitting and licensing system and upgrade the existing Tyler Technologies financial system to a cloud environment for integration purposes in the amount of $716,253 for a three- year contract with the option to renew the annual subscription services until the systems need to be replaced and authorizing a 20% project contingency budget during the implementation period.

FISCAL IMPACT:

There is no fiscal impact and no additional appropriation is needed. The one-time implementation costs and the first-year subscription costs have been budgeted in Project C2218 - Permitting Software in the amount of $500,000. The City currently collects a technology surcharge equal to

0.4% of each Planning and Building Division fee charged, as well as selected Public Works Department fees, for improvement and grading projects. Revenue from this fee is allocated to a restricted account in Fund 0025 to fund updates and maintenance to technology used to manage the permitting process.

The implementation is expected to take up to 12 months so the first-year subscription costs have been included in the project budget. The second year and beyond would be funded from the General Fund Operating Budget. There is no need to adjust the operating budget as the subscription costs will be partially offset by the removal of current permitting system, Trakit, and MUNIS’ current costs.

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CIP Project Budget (C2218) - Implementation and Year 1 Costs One-time
Upgrade
Costs
1st Year
Subscription
Tyler Civic Access/Permitting System $106,875 $ 102,566 Tyler MUNIS Upgrade to SaaS 5,000 95,164
20% Contingency 22,375 N/A
Total Costs $134,250 $197,730
Total Impact to C2218 Budget $331,980
General Fund Operating Budget Impact (Years 2 and Beyond) 2nd Year costs
Tyler Civic Access/Permitting System $102,566
Tyler MUNIS Upgrade to SaaS 95,164
Less: Trakit annual costs (46,072)
Less: Munis annual costs-Disaster Recovery (9,884)
Less: MUNIS current maintenance costs (46,196)
Total Annual Costs 2nd and 3rd Years $95,578

BACKGROUND
A history of the various iterations of permitting software are outlined below. 2011: CRW Systems Permitting software Trakit was implemented, replacing the previous “Tidemark” software
2015: CRW was purchased by Sungard Public Sector, which was subsequently purchased by Superion, LLC (“Superion”) in February 2017. In 2018, Superion merged with three other public sector software companies to form CentralSquare Technologies. The software license and support agreement automatically transferred to the new vendor, CentralSquare Technologies.

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2022: the City Council approved a resolution authorizing the City Manager to sign a Professional Services Agreement with CentralSquare Technologies in an amount up to $25,000 for an upgrade to Trakit. Prior to this upgrade, the version of Trakit that the City had been using was the same version that was implemented in 2011. Since that time, minor updates and patches were applied to the system as the ownership changed hands.

Existing Software Challenges
Since the 2022 upgrade, staff has encountered several challenges ranging from numerous technical issues to misaligned expectations. A significant technical issue was the inability of the system to properly process e-check payments through the web portal. When the system processed e-check transactions, Trakit would apply a credit card processing fee. The credit card processing fee was higher than the e-check fee. This issue created reconciliation problems in the Finance Division and required numerous refunds to be processed to refund the misapplied fees.

Although this problem was reported to CentralSquare technical support, it took numerous phone calls and emails over a six month period to resolve the issue.

In addition to the e-check transaction issues, the eTrakit public portal system was difficult to log in to and does not allow users to reset a forgotten password. When a customer tried to reset their account, the system would continually display an invalid error page. After investigation, staff was able to fix the issue manually, however user login issues persist.

To redistribute support calls for user login complaints, the City created a separate ticketing area to allow the public to get their accounts functioning properly. By doing so, the Building Division was able to focus on processing permit applications and schedule inspections. Even as staff made changes to processes, the lack of support from CentralSquare continues to impact day-to-day operations.

On November 28, 2022 the City Council adopted Resolution 2022-117 appropriating $500,000 from the Restricted Technology Surcharge Account in the General Capital Fund (“Fund 0025”) in Fiscal Year (“FY”) 2022-23 to create a capital improvement project to replace the existing permitting software system. This was carried over to the FY 2023-24 budget.

ANALYSIS:

The RFP was publicly posted and issued on June 1, 2023 and the City received proposals from nine vendors. Two of the vendors had proposals that significantly exceeded the allocated budget of $500,000 and were not considered. Of the remaining seven vendors, proposed project costs ranged from $79,292 to $497,000. These were the total costs based on implementation cost plus annual costs for three years.

A panel of employees from information technology, finance, building, planning, and public works reviewed the remaining proposals. These proposals were analyzed for feature compliance, capacity to deliver, reliability, responsiveness, purchase price, and the total cost of ownership, including maintenance and upgrades for years one through three. Further, staff reviewed the user interface for ease of use, and desired features to assist with day-to-day permitting and plan review. As a result of the initial review and evaluation, Tyler Solutions, Citizenserve, and GeoCivix were invited back for two-hour demonstrations and presentations on their proposed solutions.

Based on the demonstrations and responsiveness to the City’s desired features and ease of use, Tyler Solutions was selected.

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Munis Upgrade
Tyler Solutions also owns the MUNIS software which is currently utilized by the Finance Division.

This software manages the City's accounts payable, accounts receivable, general ledger accounting and budget. As part of the implementation process, staff recommends upgrading MUNIS to the most recent version on a cloud-based environment to better integrate with the permitting software.

Following the demonstrations, staff requested that Tyler Technologies present “best and final" pricing. This resulted in savings for the Permitting and Licensing System in the amount of approximately $11,500 per year.

Approval of this Resolution will allow staff to work with Tyler Solutions to finalize the agreement in accordance with the City's terms and conditions.

ALTERNATIVES:

Options available to the City Council include:

1. Adopt a Resolution authorizing the City Manager to execute an agreement with Tyler Technologies, Inc. to implement a cloud hosted Enterprise Permitting and Licensing System and upgrade the existing Tyler Technologies Financial System to a cloud environment for integration purposes in the amount of $716,253 for a three-year contract with the option to renew the annual subscription services until the systems need to be replaced and authorizing a 20% project contingency budget during the implementation period; or

2. Do not adopt the Resolution; or

3. Provide an alternative recommendation.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director
Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. Tyler Technologies Proposal

3. Tyler Technologies Quote

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RESOLUTION NO. 2023- ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TYLER TECHNOLOGIES, INC. TO IMPLEMENT A CLOUD HOSTED ENTERPRISE PERMITTING

AND LICENSING SYSTEM AND UPGRADE THE EXISTING TYLER TECHNOLOGIES

FINANCIAL SYSTEM TO A CLOUD ENVIRONMENT FOR INTEGRATION PURPOSES IN THE AMOUNT OF $716,253 FOR A THREE-YEAR CONTRACT WITH THE OPTION TO RENEW

THE ANNUAL SUBSCRIPTION SERVICES UNTIL THE SYSTEMS NEED TO BE REPLACED AND AUTHORIZING A 20% CONTINGENCY DURING THE IMPLEMENTATION PERIOD.

WHEREAS , the City currently collects a technology surcharge equal to 0.4% of each Planning and Building Division fee charged, and has the funding available to replace the existing permitting software system; and
WHEREAS , the City Council of the City of San Carlos has reviewed the need to replace the existing permitting software system and has determined a capital improvement project is necessary to replace the existing permitting software system; and WHEREAS , on November 28, 2022, the City Council adopted Resolution 2022-117, appropriating $500,000 from the restricted technology surcharge account in the General Capital Fund in Fiscal Year (“FY”) 2022-23 to create a capital improvement project (C2218) to replace the existing permitting software system which was then carried over to the FY 2023-24 budget; and
WHEREAS, on June 1, 2023, the City issued a request for proposals for a Community Development, Land Management, Code Compliance and Permitting software application and received a total of nine proposals; and
WHEREAS, after review of the proposals and costs, three vendors provided software demonstrations to a panel of City staff representing the departments that will utilize said software; and
WHEREAS, after careful consideration, the panel selected Tyler Technologies as the software solution that met the requirements of the request for proposals and budget considerations, and addressed the needs of various City departments; and WHEREAS, an upgrade to the existing MUNIS financial system will assist with integration to the new permitting software.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council does hereby authorize the City Manager to execute an agreement with Tyler Technologies, Inc. to implement a cloud hosted enterprise permitting and licensing system and upgrade the existing Tyler Technologies financial system to a cloud environment for integration purposes in the amount of $716,253 for a three year contract with the option to renew the annual subscription services until the systems need to be replaced and authorize a 20% contingency during the implementation period.

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* * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 25th day of September 2023, by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
__________________________________
MAYOR of the City of San Carlos
AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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ORIGINAL

City of San Carlos
Community Development Land Management,
Code Compliance & Permitting Application

Tuesday, July 11, 2023

Section 1: Title Page

Karen Grosset - Senior Account Executive
One Tyler Drive, Yarmouth, ME 04096
Phone: 800.772.2260 ext: 884222
Email: [email protected]
Section 1: Title Page

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Restrictions on Disclosure
This response from Tyler Technologies, Inc. (“Tyler”) contains proprietary and confidential information, including trade secrets, belonging to Tyler or Tyler’s partners. Tyler is submitting this response on the express condition that the following portions will not be duplicated, disclosed, or otherwise made available, except for internal evaluation purposes:
• Response to the Functional Requirements, or “Checklist” • Line-item pricing (total proposed contract amount may be disclosed) • Screen shots, if any
• Detailed information regarding current customers
• Detailed employee resumes/CVs
• Customized Statement of Work/Implementation Plan
To the extent disclosure of those portions is requested or ordered, Tyler requires written notice of the request or order. If disclosure is subject to Tyler’s permission, Tyler will grant that permission in writing, in Tyler’s sole discretion. If disclosure is subject to a court or other legal order, Tyler will take whatever action Tyler deems necessary to protect its proprietary and confidential information and will assume all responsibility and liability associated with that action.

Tyler agrees that any portions not listed above and marked accordingly are to be made available for public disclosure, as required under applicable public records laws and procurement processes.

Trademarks Disclaimer
Because of the nature of this response, third-party hardware and software products may be mentioned by name. These names may be trademarked by the companies that manufacture the products. It is not Tyler’s intent to claim these names or trademarks as our own.

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page ii Table of Contents
Section 1: Title Page .............................................................................................................................................. i Section 2: Table of Contents ................................................................................................................................ ii Section 3: Letter of Transmittal .......................................................................................................................... 1 Section 4: Company Profile and Customer References ...................................................................................... 3 Section 5: Project Management and Implementation Methodology ................................................................. 5 Section 6: Proposed Costs ................................................................................................................................. 15 Section 7: Specifications ................................................................................................................................... 21 Section 8: Additional Data ................................................................................................................................ 29 Section 10: Vendor's Recommended Architecture and Hardware Requirements ........................................... 85

Section 2: Table of Contents

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1 Tuesday, July 11, 2023
Section 3: Letter of Transmittal
City of San Carlos
Crystal Mui
City Clerk
600 Elm Street
San Carlos, CA 94070

Dear Crystal Mui,
Tyler Technologies, Inc. (Tyler) is pleased to submit the enclosed proposal for your evaluation and consideration in response to the City of San Carlos’s RFP for Community Development Land Management, Code Compliance & Permitting Application.

The attached proposal details our complete offering. It includes:
• The Enterprise Permitting & Licensing powered by EnerGov software solution • Business Process assessment & consulting
• Implementation of software & services
• Technical and functional staff training
• Ongoing maintenance & support
Tyler has carefully reviewed the project goals, stated objectives, and requirements defined within the RFP, and we are excited about the opportunity to work with the City on this project. Tyler can absolutely meet the requirements on page 3 and the Existing Business Processes and Key Activities listed in Table 2 of the RFP.

We are confident that Tyler’s solution brings the right mix of resources, experience, and technology to foster an environment for success.

Tyler provides:
• Strength – Tyler’s strong financial position and solid business plan ensures that your software is safe from economic downturns. As a publicly traded company, the financial strength of Tyler is transparent. Tyler’s proven track record and long-term business strategy protects your office from the hardship you may have experienced of other vendors that sell unproven solutions. Tyler expects to be your vendor for life.
• Experience – Tyler knows CA - Our Business Analysts actively track legislative changes and provide proactive solutions to clients. We make certain that your software is compliant with state statutes and best practices.
• Responsiveness – Tyler positions our product lines to run as independent, responsive business units.

We have a team of professionals dedicated exclusively to the Tyler solution. Our team is not pulled in multiple directions like other vendors whose staff must develop, support, and implement multiple products with different missions. Tyler responds to your needs. • Continuity – Tyler’s employee longevity helps ensure that your implementation comes from experienced and knowledgeable personnel. More than 60% of employees who were with Tyler a decade ago are still with Tyler today.
2530 Sever Road
Lawrenceville, GA 30043
P: 888.355.1093
F: 678.474.1002
www.tylertech.com

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2 • Tyler Community – Tyler connects your office to an extensive user community through Tyler Community. Tyler Community is where users share and learn best-practices within a network of hundreds of other users. Users take part in quarterly design nominations and vote for design changes as the Tyler team coordinates ideas from the knowledge base and practical experience of our user community. Your voice matters, and we listen.
• Protection – Tyler’s Evergreen philosophy gives clients the latest technology for the life of the product. Evergreen ensures that your software is always up-to-date with current statutes and new technologies. Our development team delivers four quarterly software updates annually to ensure that the City’s office and citizens have a superior experience using the software. • Risk Avoidance – Tyler is the largest government sector software provider in the United States, with more than 37,000 successful installations across 13,000 sites, 7,200+ employees, 4 million cloud users, and over 1 billion in annual revenue. Our commitment and investment in the government technology market is our sole focus and strategy.

This proposal and cost schedule is valid and binding for 90 days following the RFP due date. Except as set forth in this proposal, this proposal can be released in part or in total as public information in accordance with the requirements of the laws covering same.

Tyler continually seeks out business partners to share in our success rather than just customers. Our partners, like you, understand the difference between value and cost and want what is best for their communities. If you have any questions, please contact Karen Grosset, your Senior Account Executive at 800.772.2260 ext:
884222 or via email at [email protected] for more information.

Tyler Technologies authorizes the signatory of this letter to negotiate and bind Tyler Technologies to this response.

Respectfully submitted,

Greg Savard

General Manager – Civic Services, Tyler Technologies, Inc.

Tyler Technologies, Inc. is a publicly traded corporation (NYSE: TYL) EIN: 75-2303920

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Section 4: Company Profile and Customer References

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 3 Section 4: Company Profile and Customer References
A. Company Profile
Please see Appendix A (Company Profile) and Appendix B (Reference) at the end of this section.

Tyler Technologies is the largest and most established provider of integrated software and technology services focused on the public sector. Tyler's end-to-end solutions empower local, state, and federal government entities 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 are transforming how clients gain actionable insights that solve problems in their communities. Tyler has more than 37,000 successful installations across more than 13,000 sites, with clients in all 50 states, Canada, the Caribbean, Australia, and other international locations.

Our Products
With decades of exclusive public sector experience, Tyler is the market leader providing integrated software and services. Subject matter experts and in-depth products result in a sustainable client partnership that delivers the industry’s most comprehensive solution. We provide the industry’s broadest line of software products and offer clients a single source for all their information technology needs in several major areas:

Property & Recording, ERP, Civic Services, Health & Human Services, Courts & Justice, Public Safety, Data & Insights, and Schools.

We are known for long-standing client relationships, functional and feature-rich products, and the latest technology. In addition to software products, Tyler provides related professional services including installation, data conversion, consulting, training, customization, support, disaster recovery, and application and data hosting.

About Tyler Technologies
• Empowering government and schools to create safer, smarter, and more vibrant communities • Solutions include: Property & Recording, ERP, Civic Services, Health & Human Services, Courts & Justice, Public Safety, Data & Insights, and Schools
• Headquartered in Plano, Texas, with 68 office locations across the U.S., Manila, and Canada • Tyler was incorporated in Delaware in November 1989
• Tyler is a publicly traded corporation on the NYSE (TYL) • Founded in 1966
• Exclusively focused on local government since 1997

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Section 4: Company Profile and Customer References

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 4 • More than 37,000 successful installations across 13,000 sites, with clients in all 50 states, Canada, the Caribbean, Australia, and other international locations • Client retention rate of 98%
• 7,200+ employees
• Annual revenues of $1.85 billion (2022)
• Reinvestment of $123M into Research & Development
• Scalable products with the smallest jurisdiction (Loving County, Texas, with a population of 82) to the largest (Los Angeles County, California, with a population of 10.1M) Public Sector Focus
Tyler’s business units have provided software and services to clients for more than 50 years and have long- standing reputations in the local government market for quality products and customer service. Tyler is the largest company in the United States focused solely on providing software solutions to the public sector.

While many of our competitors compete in multiple vertical markets, Tyler is singularly focused on the public sector. It is 100 percent of our business.

Tyler recognizes that the public sector is generally stable and risk-averse, and craves community accessibility, security and transparency. That is why local government and school entities seek reliable and efficient software and services from Tyler – a vendor who is professional, reputable and dedicated and achieves results. Tyler has the experience to understand the unique requirements of the public sector, the necessary resources to invest in its products and the ability to deliver quality services.

Financial Stability
Tyler consistently maintains a solid balance sheet and strong cash flow and low debt, experiencing consistent revenue growth with 41 consecutive quarters of profitability, and a total revenue for 2022 of $1.85 billion. While experiencing significant growth opportunities from an increase in staff and expanding territories, we anticipate additional product offerings and new technology will accelerate this growth substantially in the future. We believe a low-debt balance sheet, substantial cash reserves, and a committed customer base put Tyler in a great position in our industry to weather any unexpected turbulence in the economy.

For additional revenue information please visit www.tylertech.com Industry Leadership
Tyler strives to provide the best client services in the industry. Our products undergo testing by trained quality assurance and certified usability analysts, therefore our clients benefit from products that work logically based upon user experience and input. We also focus our implementation and support professionals on specific groups of applications so they can offer more specialized services.

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Section 4: Company Profile and Customer References

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 5 Our commitment at Tyler is to ensure the highest level of client satisfaction through the efforts of Tyler’s most valued resource: its people. We challenge our employees to pursue new initiatives aggressively and become industry leaders in their respective fields. Tyler employs 7,200+ individuals, many of whom are seasoned professionals with unique and proprietary skills and years of industry experience. In fact, our employee turnover rate is very low – in recent years, about half of the industry average.

Company Recognition
Tyler Technologies has earned the reputation as an industry leader based on our products and commitment to our clients. These factors, along with our financial strength and industry partnerships, have resulted in numerous accolades. "The recognition emphasizes Tyler's consistently strong growth, which is a direct result of our commitment to supporting our more than 21,000 clients and the development of best-in-class software and services to serve the needs of the public sector" said John S. Marr Jr., Chairman of the Board of Tyler Technologies.

Tyler has been named to the following prestigious lists alongside some of the most innovative and influential companies in the United States.

Innovative and Strong
• Dow Jones Sustainability Index for North America (2021, 2022) • Barron’s 400 Index ranking, a measure of the most promising companies in America (eight times) • Dallas Business Journal ranked Tyler’s Plano office #8 in its “North Texas Fastest-Growing Public Companies” list (2017)
• Forbes’ “Most Innovative Growth Companies” list (2015-2017) • Forbes’ “America’s Best Small Companies” list (nine times) • Software Magazine’s “Software 500” ranking of the world’s largest software and service suppliers (twelve times)
• Audit Integrity’s “America’s Most Trustworthy Companies” list (2007) Employer of Choice
• Forbes’ “Best Employers for Diversity” (2019, 2020)
• Forbes’ “Best Employers for Women” (2018)
• Forbes’ “Best Midsize Employers” (2018, 2019)
• Tyler’s three Maine offices recognized as “Best Places to Work in Maine” (fifteen times since 2007) • Dallas Morning News’ “Best in DFW: Top Workplaces” recognized Tyler’s Plano, Texas office (nine times)
• Dayton Daily News’ “Top Workplaces in the Dayton Metro Area” recognized Tyler’s Moraine, Ohio office
• Tyler’s Lubbock, Texas office named to the “Best of Lubbock” list by the Lubbock Avalanche-Journal (2017-2019)
• Detroit Free Press named Tyler’s Troy, Michigan office a top workplace (2017-2021) • Phoenix Business Journal named Tyler’s Tempe, Arizona office on Best Places to Work list (2019)

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Section 4: Company Profile and Customer References

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 6 Our Experience
Tyler Technologies’ solutions offer the widest breadth of products in the industry, the latest technology available, and an integrated system that can operate in diverse offices throughout a jurisdiction. More importantly, Tyler’s vision and skill in executing that vision is what ultimately leads to a successful implementation and long-term solution for our clients. Our experienced team consists of industry leaders that keep our team moving and making sure we can give you the tools to succeed.

List of Clients
The provided list on the following pages includes all California EPL clients as well as clients that are similar in population to San Carlos.

Complete Client List
Tyler’s client base includes more than 27,000 local government offices in all 50 states, Canada, the Caribbean, the United Kingdom and other international locations. Tyler considers its complete client list to be proprietary. The City of San Carlos may request a complete client list after signing a non-disclosure agreement.

Please refer to the references listed at the end of this section 4 for a sample of Tyler’s clients that are in California and those that are similar in size and scope. Additional references may be requested by contacting your Senior Account Representative Karen Grosset at [email protected].

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Customer State Industry City Population
Los Angeles County CA County Los Angeles 10,014,009
Riverside County CA County Riverside 2,418,185
Tulare County CA County Visalia 473,117
San Luis Obispo County CA County San Luis Obispo 282,424 City of Oxnard CA Municipal Oxnard 202,063
City of Glendale CA Municipal Glendale 196,543
Imperial County CA County El Centro 179,702
Santa Rosa Fire Department CA Municipal Santa Rosa 178,127 City of Hayward CA Municipal Hayward 162,954
City of Sunnyvale CA Municipal Sunnyvale 155,805
City of Pomona CA Municipal Pomona 151,713
City of Fullerton CA Municipal Fullerton 143,617
City of Pasadena CA Municipal Pasadena 138,699
City of Victorville CA Municipal Victorville 134,810
City of Thousand Oaks CA Municipal Thousand Oaks 126,966 City of Simi Valley CA Municipal Simi Valley 126,356
City of Clovis CA Municipal Clovis 120,124
Dublin San Ramon Services District CA District Dublin 120,000 City of Fairfield CA Municipal Fairfield 119,881
City of Carlsbad CA Municipal Carlsbad 115,585
City of Antioch CA Municipal Antioch 115,291
City of Costa Mesa CA Municipal Costa Mesa 111,918
City of Murrieta CA Municipal Murrieta 110,949
City of Ventura CA Municipal Ventura 110,763
City of Temecula CA Municipal Temecula 110,003
City of El Monte CA Municipal El Monte 109,450
City of Centennial CO Municipal Centennial 108,418
City of Boulder CO Municipal Boulder 108,250
City of Sandy Springs GA Municipal Sandy Springs 108,080 City of South Fulton GA Municipal Atlanta 107,436
City of Renton WA Municipal Renton 106,785
Walworth County WI County Elkhorn 106,478
City of El Cajon CA Municipal El Cajon 106,215
City of San Mateo CA Municipal San Mateo 105,661
City of Daly City CA Municipal Daly City 104,901
City of Allen TX Municipal Allen 104,627
City of Rialto CA Municipal Rialto 104,026
Craven County NC County New Bern 100,720
City of Edinburg TX Municipal Edinburg 100,243
City of Nampa ID Municipal Nampa 100,200
Dallas Fort Worth (DFW) Airport TX District Dfw Airport 100,000 Indian Nations Council of Governments OK District Tulsa 100,000 Toho Water Authority FL District Kissimmee 100,000
Dallas County IA County Adel 99,678
City of Albany NY Municipal Albany 99,224
New Jersey Department of Community Affairs NJ State Trenton 99,000 City of Portsmouth VA Consolidated City-County Portsmouth 97,915 City of Boca Raton FL Municipal Boca Raton 97,422
City of Sunrise FL Municipal Sunrise 97,335

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City of Carson CA Municipal Carson 95,558
City of Yuma AZ Municipal Yuma 95,548
Grand Traverse County MI County Traverse City 95,238
City of Reading PA Municipal Reading 95,112
City of Lawrence KS Municipal Lawrence 94,934
City of Fayetteville AR Municipal Fayetteville 93,949
City of Deltona FL Municipal Deltona 93,692
City of Mission Viejo CA Municipal Mission Viejo 93,653 City of Redding CA Municipal Redding 93,611
City of Kirkland WA Municipal Kirkland 92,175
City of Buckeye AZ Municipal Buckeye 91,502
City of OFallon MO Municipal O Fallon 91,316
City of Westminster CA Municipal Westminster 90,911
City of Lawton OK Municipal Lawton 90,381
City of Fort Smith AR Municipal Fort Smith 89,142
City of Indio CA Municipal Indio 89,137
City of Hawthorne CA Municipal Hawthorne 88,083
City of Citrus Heights CA Municipal Citrus Heights 87,583 City of Greenville NC Municipal Greenville 87,521
City of Santa Fe NM Municipal Santa Fe 87,505
City of Ogden City UT Municipal Ogden City 87,321
City of Duluth MN Municipal Duluth 86,697
City of Merced CA Municipal Merced 86,333
City of Lake Forest CA Municipal Lake Forest 85,858
Town of Cicero IL Municipal Cicero 85,268
City of Newport Beach CA Municipal Newport Beach 85,239 City of Bloomington IN Municipal Bloomington 85,000
City of Melbourne FL Municipal Melbourne 84,678
City of San Ramon CA Municipal San Ramon 84,605
City of Kennewick WA Municipal Kennewick 83,921
City of Baytown TX Municipal Baytown 83,701
City of Miami Beach FL Municipal Miami Beach 82,890
City of Alhambra CA Municipal Alhambra 82,868
City of Largo FL Municipal Largo 82,485
City of Johns Creek GA Municipal Johns Creek 82,453
Yuba County CA County Marysville 81,575
Bulloch County GA County Statesboro 81,099
Wagoner County OK County Wagoner 80,981
City of Tustin CA Municipal Tustin 80,276
Soos Creek Water and Sewer District WA District Renton 80,000 Bedford County VA County Bedford 79,462
City of Rancho Cordova CA Municipal Rancho Cordova 79,332 City of Napa CA Municipal Napa 79,246
City of Kissimmee FL Municipal Kissimmee 79,226
City of Bellflower CA Municipal Bellflower 79,190
City of Upland CA Municipal Upland 79,040
City of Chino Hills CA Municipal Chino Hills 78,411
James City County VA County Williamsburg 78,254
City of Hammond IN Municipal Hammond 77,879
Village of Arlington Heights IL Municipal Arlington Heights 77,676

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Augusta County VA County Verona 77,487
Clallam County WA County Port Angeles 77,155
Jackson County GA County Jefferson 75,907
City of Doral FL Municipal Doral 75,874
Walton County FL County Defuniak Springs 75,305
City of Iowa City IA Municipal Iowa City 74,828
City of Missouri City TX Municipal Missouri City 74,259 City of Redmond WA Municipal Redmond 73,256
Fauquier County VA County Warrenton 72,972
City of Dublin CA Municipal Dublin 72,589
City of Baldwin Park CA Municipal Baldwin Park 72,176
City of Lake Elsinore CA Municipal Lake Elsinore 70,265 City of Laguna Niguel CA Municipal Laguna Niguel 64,355 City of La Habra CA Municipal La Habra 63,097
City of Santa Cruz CA Municipal Santa Cruz 62,956
City of Porterville CA Municipal Porterville 62,623
City of Encinitas CA Municipal Encinitas 62,007
City of Woodland CA Municipal Woodland 61,032
City of Santee CA Municipal Santee 60,037
City of Petaluma CA Municipal Petaluma 59,776
City of Gilroy CA Municipal Gilroy 59,520
City of Hanford CA Municipal Hanford 57,990
City of Arcadia CA Municipal Arcadia 55,345
City of Diamond Bar CA Municipal Diamond Bar 55,072
City of Huntington Park CA Municipal Huntington Park 54,883 City of Yucaipa CA Municipal Yucaipa 54,542
City of San Jacinto CA Municipal San Jacinto 53,898
City of Beaumont CA Municipal Beaumont 53,036
City of Aliso Viejo CA Municipal Aliso Viejo 52,176
City of Glendora CA Municipal Glendora 51,801
City of Cathedral City CA Municipal Cathedral City 51,493 City of Poway CA Municipal Poway 48,841
City of San Luis Obispo CA Municipal San Luis Obispo 47,063 City of Los Banos CA Municipal Los Banos 45,532
City of Palm Springs CA Municipal Palm Springs 44,575
City of Lompoc CA Municipal Lompoc 44,444
Town of Danville CA Municipal Danville 43,582
City of Oakley CA Municipal Oakley 43,357
City of Park Ridge IL Municipal Park Ridge 39,656
Village of Streamwood IL Municipal Streamwood 39,577
City of Quincy IL Municipal Quincy 39,463
City of Dover DE Municipal Dover 39,403
City of Mt. Juliet TN Municipal Mount Juliet 39,289
City of Grants Pass OR Municipal Grants Pass 39,189
Person County NC County Roxboro 39,097
City of La Vergne TN Municipal La Vergne 38,719
City of Lynnwood WA Municipal Lynnwood 38,568
City of Clovis NM Municipal Clovis 38,567
Town of Groton CT Municipal Groton 38,411
City of Winter Springs FL Municipal Winter Springs 38,342

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City of Rosenberg TX Municipal Rosenberg 38,282
Town of Hilton Head Island SC Municipal Hilton Head Island 37,661 City of Riviera Beach FL Municipal Riviera Beach 37,604 City of Oregon City OR Municipal Oregon City 37,572
City of La Quinta CA Municipal La Quinta 37,558
City of Bartlesville OK Municipal Bartlesville 37,290
Yadkin County NC County Yadkinville 37,214
City of Lewiston ME Municipal Lewiston 37,121
City of Moorpark CA Municipal Moorpark 36,284
Orange County VA County Orange 36,254
Ware County GA County Waycross 36,251
City of Dunedin FL Municipal Dunedin 36,068
City of Farmers Branch TX Municipal Farmers Branch 35,991 City of Lauderdale Lakes FL Municipal Lauderdale Lakes 35,954 City of West Hollywood CA Municipal West Hollywood 35,757 City of Salisbury NC Municipal Salisbury 35,540
City of Manhattan Beach CA Municipal Manhattan Beach 35,506 Village of Oswego IL Municipal Oswego 35,316
City of La Porte TX Municipal La Porte 35,124
City of University Place WA Municipal University Place 34,866 City of Del Rio TX Municipal Del Rio 34,673
City of Pleasant Hill CA Municipal Pleasant Hill 34,613 City of Deer Park TX Municipal Deer Park 34,495
City of Walla Walla WA Municipal Walla Walla 34,060
Desoto County FL County Arcadia 33,976
City of Gadsden AL Municipal Gadsden 33,945
City of Crown Point IN Municipal Crown Point 33,899
Pulaski County VA County Pulaski 33,800
City of Goldsboro NC Municipal Goldsboro 33,657
City of Statesboro GA Municipal Statesboro 33,438
Accomack County VA County Accomac 33,413
City of Gillette WY Municipal Gillette 33,403
Lee County GA County Leesburg 33,163
City of Salisbury MD Municipal Salisbury 33,050
Jefferson County WA County Port Townsend 32,977
City of Pullman WA Municipal Pullman 32,901
City of Dover NH Municipal Dover 32,741
City of Fairbanks AK Municipal Fairbanks 32,515
City of North Olmsted OH Municipal North Olmsted 32,442 City of Carlsbad NM Municipal Carlsbad 32,238
City of Helena MT Municipal Helena 32,091
Town of Prosper TX Municipal Prosper 32,000
Tredyffrin Township PA Municipal Berwyn 31,927
City of Clearfield UT Municipal Clearfield 31,909
Town of Norwood MA Municipal Norwood 31,611
City of Laramie WY Municipal Laramie 31,407
City of Laguna Hills CA Municipal Laguna Hills 31,374
City of New Bern NC Municipal New Bern 31,291
City of Southlake TX Municipal Southlake 31,265
City of Opelika AL Municipal Opelika 30,995

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Village of Niles IL Municipal Niles 30,912
City of Alamogordo NM Municipal Alamogordo 30,898
City of Santa Paula CA Municipal Santa Paula 30,657
City of Lawrenceville GA Municipal Lawrenceville 30,629 City of Newark DE Municipal Newark 30,601
City of Morristown TN Municipal Morristown 30,431
City of Sanford NC Municipal Sanford 30,261
City of Highland Park IL Municipal Highland Park 30,176 City of New Smyrna Beach FL Municipal New Smyrna Beach 30,142 City of Laurel MD Municipal Laurel 30,060
Town of Erie CO Municipal Erie 30,038
City of Raytown MO Municipal Raytown 30,012
Smyth County VA County Marion 29,800
City of Winter Park FL Municipal Winter Park 29,795
Town of Morrisville NC Municipal Morrisville 29,630
City of Suisun City CA Municipal Suisun City 29,518
City of Kirkwood MO Municipal Kirkwood 29,461
City of Seguin TX Municipal Seguin 29,433
Town of Glenville NY Municipal Glenville 29,326
Town of Queensbury NY Municipal Queensbury 29,169
City of Stockbridge GA Municipal Stockbridge 28,973
City of Russellville AR Municipal Russellville 28,940
City of Slidell LA Municipal Slidell 28,781
City of Lathrop CA Municipal Lathrop 28,701
Le Sueur County MN County Le Center 28,674
Spring Township -Berks County PA Municipal Sinking Spring 28,407 Wythe County VA County Wytheville 28,290
City of Greenville TX Municipal Greenville 28,164
City of Fredericksburg VA Consolidated City-County Fredericksburg 27,982 Dinwiddie County VA County Dinwiddie 27,947
Town of Bluffton SC Municipal Bluffton 27,716
City of Marshalltown IA Municipal Marshalltown 27,591
City of Hutto TX Municipal Hutto 27,577
City of Daphne AL Municipal Daphne 27,462
Fluvanna County VA County Palmyra 27,249
City of Bristol TN Municipal Bristol 27,147
City of Paducah KY Municipal Paducah 27,137
Springettsbury Township PA Municipal York 27,058
City of Lemoore CA Municipal Lemoore 27,038
City of Edwardsville IL Municipal Edwardsville 26,808
Dawson County GA County Dawsonville 26,798
City of Superior WI Municipal Superior 26,751
City of Wilsonville OR Municipal Wilsonville 26,664
City of Sanger CA Municipal Sanger 26,617
Burlington Board of Health MA County Burlington 26,377
City of Imperial Beach CA Municipal Imperial Beach 26,137 City of Camas WA Municipal Camas 26,065
City of Colleyville TX Municipal Colleyville 26,057
Franklin County KS County Ottawa 25,996
City of Winona MN Municipal Winona 25,948

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Montgomery Township PA Municipal Montgomeryville 25,862 City of Derby KS Municipal Derby 25,625
City of Oxford MS Municipal Oxford 25,416
City of Tumwater WA Municipal Tumwater 25,350
City of Seal Beach CA Municipal Seal Beach 25,242
City of Newberg OR Municipal Newberg 25,138
City of Corsicana TX Municipal Corsicana 25,109
City of Loma Linda CA Municipal Loma Linda 24,791
City of Zanesville OH Municipal Zanesville 24,765
Goochland County VA County Goochland 24,727
Town of Fort Mill SC Municipal fort mill 24,521
Village of Westmont IL Municipal Westmont 24,429
City of Ponca City OK Municipal Ponca City 24,424
City of Pelham AL Municipal Pelham 24,318
City of Solon OH Municipal Solon 24,262
City of Centerville OH Municipal Centerville 24,240
City of Rolling Meadows IL Municipal Rolling Meadows 24,200 City of Auburn ME Municipal Auburn 24,061
City of Belton MO Municipal Belton 23,953
City of Waukee IA Municipal Waukee 23,940
Town of Grand Chute WI Municipal Grand Chute 23,831
City of Happy Valley OR Municipal Happy Valley 23,733
Town of Christiansburg VA Municipal Christiansburg 23,348 Village of Garden City NY Municipal Garden City 23,272
City of Laguna Beach CA Municipal Laguna Beach 23,032
City of La Canada Flintridge CA Municipal La Canada Flintridge 20,573 City of Agoura Hills CA Municipal Agoura Hills 20,299
City of Oroville CA Municipal Oroville 20,042
City of Dixon CA Municipal Dixon 18,988
City of Laguna Woods CA Municipal Laguna Woods 17,644
City of Coalinga CA Municipal Coalinga 17,590
Mariposa County CA County Mariposa 17,131
City of Rancho Mirage CA Municipal Rancho Mirage 16,999 City of Grass Valley CA Municipal Grass Valley 14,016
City of Auburn CA Municipal Auburn 13,776
City of Grover Beach CA Municipal Grover Beach 12,701
City of Healdsburg CA Municipal Healdsburg 11,340
City of Hughson CA Municipal Hughson 7,481
Mammoth Community Water District CA District Mammoth Lakes 7,191 City of Winters CA Municipal Winters 7,115
City of Indian Wells CA Municipal Indian Wells 4,757
Town of Portola Valley CA Municipal Portola Valley 4,456 City of Vernon CA Municipal Vernon 222
Indio Water Authority CA District Indio

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Section 4: Company Profile and Customer References

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 13 B. Executive Summary
In response to the City of San Carlos‘s RFP, Tyler is proposing its Enterprise Permitting & Licensing powered by EnerGov solution. Our response reflects our understanding of your requirements and our ability to deliver the quality products and services you need for a successful project. Tyler’s solution represents the pinnacle of public sector software offering an integrated solution of comprehensive applications designed to resolve the City’s complex needs.

Choice
Though the City of San Carlos will review many choices during this evaluation process, our goal is to make your choice an easy one. With Tyler, there is no need to move from vendor to vendor, solution to solution, technology to technology. Tyler’s solution is an integral part of a community of employees, customers, and partners who all share a passion for serving the public.

As part of that community, the City will have access to all the tools needed to efficiently manage your operations. With the goal of being the last software company you ever choose; Tyler will work for and with you to consistently provide you with the broadest and most advanced public sector solutions available.

The Enterprise Permitting & Licensing Solution
Managing government processes is a complex and often daunting challenge. From planning, permitting and licensing to asset management and enforcement, you need a solution that preserves informational integrity while efficiently synchronizing field work and in-house operations. Problem solved with Tyler Technologies’ Enterprise Permitting & Licensing solution. This industry-leading product is specifically designed to automate and centrally connect critical processes, including land use planning and project review, regulatory management, inspections, code enforcement, asset management, work order management and more. Using mobile-enabled and GIS-based technology, coupled with an intuitive user experience, you can be certain your agency is running efficiently, records are accurate, and all work is synchronized from field to desk. Your process is always evolving. With Enterprise Permitting & Licensing you stay in step with the workflow unique to your departments — big or small.

GIS-Centric Processing
As a GIS-infused technology, Enterprise Permitting & Licensing is moving organizations forward by utilizing their spatial data to automate and streamline daily operations. When coupled with spatial analytics, the synergy creates a unique visual experience in data interpretation and business process management. Emerging relationships, patterns and trends allow you to plan and forecast as your agency evolves and real-time route planning gets you from point A to point Z — and all the points in between.

Mobility
The groundbreaking Enterprise Permitting & Licensing Mobile App Suite affords you the flexibility and precision needed while on the go. On-site inspections, work orders, environmental and safety issue assessment, full code compliance case management and the plan review process will never be easier than when you deploy iG Inspect, iG Enforce or iG Reviews.

Accuracy
When budgets are tight and human resources are at a premium, Enterprise Permitting & Licensing helps to unify the multiple layers of information required to sustain permitting, licensing, regulatory processes and communication among employees and constituents. Having one central database allows for efficiency in data entry, interagency involvement and precision in reporting.

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Section 4: Company Profile and Customer References

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 14 Objectives & Scope
At Tyler, we are uniquely qualified to meet the needs of the City through our experience, our software, and our absolute commitment to customer satisfaction. Our customers have a direct impact on the evolution of the software and the processes involved in implementing and supporting it. Each of the products and services listed in the response are represented as a description and a list of activities and assumptions. Tyler products will be implemented “off the shelf” without customization or modification, except as detailed in the response.

Tyler’s proposed suite offers integrated applications that are specifically designed to enable governments to be more efficient, more accessible, and more responsive to the needs of their citizens. Consistent integration among applications has always been a priority and a key benefit to organizations looking to improve their business practices. The key benefits to the system include, but are not limited to:
• Providing a single, comprehensive, and integrated solution to manage the City’s business functions • Streamlining business processes through automation, integration, and workflows • Providing a user-friendly user interface to promote system use, productivity, and minimize the need for training • Eliminating redundant data entry
• Providing many standard reports directly from the software with access to data through inquiry and drill down capabilities
• Providing multiple interfaces to commonly used 3
rd party systems
Comprehensive Software & Services
Tyler’s solution is intended to upgrade City of San Carlos’s departments to the latest system available in today’s marketplace.

Tyler’s platform is distinguished from the competitive landscape by the fact that we develop and support 100% of our products in-house. All software development, implementation, and support services are provided solely by our in-house personnel. This has enabled us to build and evolve a software platform and ecosystem that infuses employee passion for industry-specific software automation with the front-line experiences our leading customers have provided. The result of this commitment is the industry’s most powerful, seamless, efficient, user-intuitive, and scalable platform for local government automation. Our group of seasoned consultants, trainers, product experts, and programmers bring years of local government software experience to make your transition a smooth success.

Tyler handles the following aspects of your project under a single contract:
• System Delivery
• Implementation
• Training
• Support and Maintenance
• Software Updates and Upgrades
Complete Services
Implementation Approach
Tyler utilizes a proven phased implementation approach, which ensures that process specific details are mastered prior to each subsequent stage. A formalized sign off process, defined by a clearly stated deliverable, are the key to a successful implementation. For multi-phase projects, such as sites that implement more than one Tyler product, the stages are repeated as necessary.

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Section 4: Company Profile and Customer References

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 15 Training
Our clients expect to receive the right training for their needs because learning the tools, benefits, and powerful functions is part of the process. It’s a fact that fully trained clients who understand how to use Tyler products are able to do their jobs better, period. Tyler offers multiple training options to fit your needs.

Support
The goal of the Tyler support department is to provide expeditious technical assistance to Tyler software users in overcoming issues, understanding functionality, and recommending approaches to various scenarios. We strive to answer your questions quickly and accurately. Tyler offers multiple ways to contact your support personnel, as well as access to thousands of users across the country who have the experience to help you utilize the software to your greatest benefit.

What Sets Tyler Apart
There are a number of key differentiators of Tyler that should be viewed as significantly advantageous to the City.

First and foremost, all of Tyler’s efforts are focused on providing technology solutions to the public sector. Our attention is not diluted by providing solutions to other industries and our staff are industry experts in the public sector arena.

Secondly, Tyler has consciously decided to implement our own projects. We don’t outsource our implementation efforts to 3rd party integrators. We feel this allows us to provide better service to our customers at a much lower cost. Furthermore, due to our expertise in the public sector, we’re able to identify to our customers the best business practices of the public sector more clearly. Our approach to implementation will inevitably result in a project with a greater definition of cost, knowledge transfer, and timeframe.

Third, Tyler adheres to a philosophy called “Evergreen Development.” Under this approach, Tyler will provide all future enhancements including platform changes to the Tyler solution to the City as part of its annual maintenance agreement without additional re-licensing fees. This is a significant divergence from the typical business practices of traditional vendors.

Fourth, Tyler has partnered with Amazon Web Services (AWS) for our SaaS and hosted solutions. AWS provides a simple way to access servers, storage, databases, and a broad set of application services over the Internet. A cloud services platform such as Amazon Web Services owns and maintains the network-connected hardware required for these application services, while you provision and use what you need via a web application. With AWS and Tyler, you can: trade capital expense for variable expense, beneﬁt from massive economies of scale, stop guessing capacity, increase speed and agility, and stop spending money running and maintaining local data centers.

Fifth, if there are modifications to be delivered through the implementation process, it is important to note that these modifications for the City would become part of the generally-released system available to all clients going forward. This allows our clients on annual maintenance to receive additional functionality from new clients as well as our support team does not have to worry that you have modifications when either supporting or upgrading you. Most vendors today still maintain modifications by individual clients which places more stress on their support teams and cost to the client when upgrading.

Finally, since the City already users Tyler’s EERP system, adding the ERP suite will provide automatic, built-in integrations with no added effort. The ERP system was built to pass data seamlessly with the City’s current Tyler Financial footprint. In addition, the City will be able to extend the use of current Tyler applications such as Content Manager to the ERP product with no additional charges.

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Section 4: Company Profile and Customer References

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 16 Platform Options
Our solutions have been designed to support a wide variety of software platforms, hardware configurations, and database engines which ultimately allows the City of San Carlos to take advantage of existing investments in software and hardware systems or choose new configurations to better serve the City on site. Additionally, many public sector organizations are seeing a significant shift from traditional on-premise software installations to hosted installations. Tyler’s hosted services are computing resources (hardware and software) that are delivered as a service over a network. Simply put, it is another choice for delivering your data and the software that manages it.

With the Tyler Hosted platform, Tyler hosts software applications and client data in Tyler-owned data centers. We deploy, configure, maintain, and update the software applications and related data. All you need is a browser and reliable Internet connection to access software and data from a Tyler managed data center. More than 1,200 public sector organizations use Tyler cloud-based solutions, with nearly 40,000 public sector users relying on Tyler cloud-based systems to access the software they need to perform their jobs.

Cost Benefit of Tyler’s SaaS Solution
Tyler’s SaaS deployment model offers several benefits over traditional acquisition or on-premise deployments. In addition to lower up-front costs, all operational infrastructure (Server / OS Hardware, Database Software, Disaster Recovery, High Availability etc.) are covered by the service thereby eliminating the need for the City to continually reinvest in new infrastructure.

Tyler Assumptions
In order to conduct a successful project, it is essential that the City is aware of the activities that will take place and the assumptions that the City is operating under in order to deliver the proposed solution. Each of the products and services listed in the response are represented as a description and a list of activities and assumptions.

Tyler products will be implemented off the shelf without customization or modification, except as detailed in the response.

Any additional customizations or modifications identified or requested will be quoted on a time and materials basis.

The software products and license files are made available for download via FTP site within thirty days of contract signing.

Tyler is responsible for installing the software products on the City’s server infrastructure and instructing the City on how to install the workstation components. The City is responsible for installing the components on the workstations.

Activities and assumptions:
• The City will identify one or more Subject Matter Experts (SME) with knowledge of the key business processes to be performed in each suite of applications to work with Tyler staff on configuration and testing of the application. • The City will complete project planning survey and application questionnaires and return them to Tyler for review and implementation planning. Tyler may coordinate a conference call with the City to discuss the information provided. • Tyler will provide access to the Tyler Online Training Center to the City and identify prerequisite courses to prepare the City’s staff for implementation. The City is responsible for having each of the End Users complete the prerequisite courses.
• Tyler will set up the base configuration of the application per the information provided, with the assistance of the City.

The City will be responsible for maintaining these settings on an on-going basis. • The City is responsible for completing any remaining configuration work. The City will complete this “homework” prior to the Implementation Consultant’s return for training and go-live.

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Community Development Land Management, Code Compliance & Permitting Application Page 17 • The City is responsible for entering any business data – people, addresses, accounts, transactions, etc. – into the system that is not converted as part of the scope of the Agreement. The implementation service hours estimated on the Agreement do not include time for Tyler personnel to perform manual entry of business data. • Tyler will train the City’s key personnel on the key business processes to be performed in the application. The method and amount of training provided will depend on the number of implementation hours estimated in the Agreement. • Tyler will work with the City to establish a process for ending processing in the legacy system and beginning processing in the Tyler system. Tyler does not support parallel processing – keeping two systems active and duplicating effort in each system.

In the response, many of the products and services are associated with an estimated number of implementation service hours. These hours are estimates of the implementation time required for Tyler to perform the activities listed that Tyler is responsible for. The accuracy of these estimates is dependent on the City performing per their responsibilities and upon the validity of the assumptions put forth. If these responsibilities or assumptions shift, the number of hours required to deliver the products and services will likely be affected.

Tyler will support the go-live process by answering questions from City End Users, providing follow up training, and resolving issues that may arise.

Commitment
At Tyler, we are uniquely qualified to meet the needs of the City through our experience, our software, and our absolute commitment to customer satisfaction. That commitment, along with the consistent evolution of technology and software features, has resulted in a retention rate of more than 98 percent and long-term relationships with our users. With more than 37,000 customers, this partnership is an integral part of who we are and what we do. Our customers have a direct impact on the evolution of the software and the processes involved in implementing and supporting it.

Protecting Your Investment for Years to Come
Tyler’s “Evergreen” Development Philosophy ensures that the City will always have industry-leading functionality that utilizes current technology. As part of our annual support fee, all enhancements to our software are provided at no additional charge.

This allows our users to continue to take advantage of new advances without having to relicense the software. Additionally, these enhancements are delivered in manageable upgrades that do not require a complete reimplementation of the software.

Partnership
We want to thank the City of San Carlos for the opportunity to respond to your Request for Proposal and for your time and consideration during the review process. At Tyler, we feel the evaluation and selection of new software should be as much about people as it is product, with the ultimate decision resulting in a partnership between the customer and their chosen software provider. It is our firm belief that Tyler is uniquely qualified to be that partner and more than meets the needs outlined by the City of San Carlos in this document. Should you agree, we look forward to progressing to the next stage in your evaluation process.

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Community Development Land Management, Code Compliance & Permitting Application Page 18 Appendices

Appendix A - Company Profile

Vendor Executive Summary
Response Chart
Vendor and Software Information

1. Contact Information
 Company Name Tyler Technologies, Inc.
 Name and Title of Contact Person Karen Grosset – Senior Account Executive  Address 2530 Sever Road NW, Suite 200, Lawrenceville, GA 30043  Phone, Fax, Email Phone: 800.772.2260 ext: 884222
Fax: 806.797.4849
Email: [email protected]
 Company Website www.tylertech.com

2. Company Information
 Year Founded 1966
 Private vs. Public (Listing Exchange and Listing
Code)
Tyler is a publicly traded corporation on the NYSE (TYL)  Parent Company (If separate) N/A

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Community Development Land Management, Code Compliance & Permitting Application Page 19  Genealogy of Organization (Changing business,
name changes, acquisitions/mergers, etc.)
Same Tyler Products, New Names
Since 1999 Tyler has been building the best array of software solutions for the public sector. If you have spoken with one of our representatives, attended a demonstration, or browsed our website before 2022, you may notice some changes in our products. Many of Tyler’s products are getting new, simplified names. These updated names will be functional in nature, making it easier to understand what our products do.

Our products are changing in name only. There will be no change in product functionality, support, or services. You can continue to expect the best with Tyler. We are excited to share this journey into the next evolution of Tyler Technologies.

For details, please visit https://www.tylertech.com/about-us/who- we-are/product-name-update-faq

Year
Acquired Acquired Company Acquired Company
1998
to
1999
Business Resources
Corporation
The Software Group
Interactive Computer
Design
Computer Management
Services
Eagle Computer Systems
Micro Arizala Systems
Gemini Systems
Process Inc. Computer
Software
Cole Layer Trumble
Company
2003
to
2009
Eden Systems, Inc.

MazikUSA, Inc.

TACS, Inc.

Advanced Data Systems
EDP Enterprises, Inc.

Chandler Information
Systems
Versatrans
School Information Systems,
Inc.

Olympia Computing
Company, Inc.

PulseMark, LLC
Assessment Evaluation
Services, Inc.

Parker-Lowe & Associates
2010
to
2019
Wiznet.Inc.

The Windsor Management
Group
Yotta MVS, Inc.

UniFund
Computer Software
Associates
Akanda Innovation, Inc.

EnerGov
SoftCode
Brazos Technology
New World Systems
ExecuTime Software
New World Systems
Modria
Digital Health Department
Radio 10-33
Socrata
Sage Data Security, Inc.

CaseloadPRO
SceneDoc
MobileEyes
MicroPact
MyCivic Apps
Courthouse Technologies
2021
to
Now
NIC
DataSpec
ReadySub
US eDirect
Rapid Financial Solutions
Safeground
TBA

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Community Development Land Management, Code Compliance & Permitting Application Page 20  Are there any planned acquisitions or
mergers in the future?
As a publicly traded company Tyler is prohibited by law from disclosing any pending sales, acquisitions, or mergers.  Disclose any recent litigation (and outcomes)
and litigation currently underway.

Recent Litigation: The following list includes pending litigation and litigation completed within the last three years.

Litigation matters involving a Tyler client: Tyler has more than 40,000 successful installations across more than 13,000 sites, with clients in all 50 states, Canada, the Caribbean, Australia, and other international locations. Litigations between Tyler and a Tyler client are not common. Tyler makes every effort to engage in reasonable and productive dispute resolution processes with its clients when there are project challenges or other apparent impasses under a contract. In limited circumstances, a Tyler client feels compelled to bring a lawsuit (often for reasons that, although unstated, are outside Tyler’s control), or a third-party brings a lawsuit involving both Tyler and a Tyler client.

Currently pending lawsuits that meet this description are summarized below:
o Tilton et al. v. Jackson County, MO et al. (Circuit Court of Jackson County, MO, No. 2316-cv-16440): On June 27,
2023, Tyler was served the above-captioned complaint. It is filed by real and commercial property owners who
dispute the appraisal value assessed on their property. The claim that some combination of the County, County
executives, and Tyler failed to follow statutory processes in providing notice of the proposed assessed value and in performing the underlying assessment. Tyler was under
contract with the County to perform re-assessment and
assessment services. Tyler strongly disputes the
complaint’s allegations and, to the extent even applicable to Tyler, the lone count asserted in the complaint.

Recent litigation that meets this description is set forth below:
• Kern County v. Tyler Technologies, Inc. (Superior Court of California, County of Kern, Case No. BCV-20-
101197): Tyler was served on May 21, 2020. Kern
County’s complaint included allegations of breach of
contract and related tort claims and violations of state business statutes. Tyler strongly disputed those
allegations. Tyler had been, and remained, ready, willing, and able to deliver on our contract. We hoped the county would choose to engage with us productively. After
refuting the misinformation and misguided allegations
inclu
ded in their complaint, on January 27, 2023, the court
dismissed the lawsuit with prejudice after the parties
reached a mutually agreeable settlement.
• Anoka County v. Tyler Technologies, Inc. (Anoka County, MN District Court): On June 15, 2020, Anoka County
served Tyler with a complaint that Anoka did not file with the court, escalating a dispute outside of the contractual dispute resolution process. Anoka’s complaint sought
specific performance and damages in excess of $50,000.

On July 6, 2020, Tyler removed that lawsuit to the United States District Court for the District of Minnesota (Case No. 20-cv-1524). Tyler filed its answer, affirmative

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Community Development Land Management, Code Compliance & Permitting Application Page 21 defenses, and counterclaims on July 13, 2020. Tyler also continued to try to get Anoka to engage with Tyler in a productive and cooperative way. At the time of the
dispute, Anoka was in live production on the contracted- for system, which they used for daily operations, including a publicly available portal for citizen inquiry and payment of current tax bills. Prior to Anoka filing the lawsuit, Tyler’s project team had already delivered the
functionality scheduled for go-live and post go-live and continued to deliver on its ongoing obligations on a
regular and highly-resourced basis. As a result of this highly engaged response by Tyler, the parties were able to mutually agree to a resolution, and the Court dismissed the case with prejudice on April 29, 2021.

Litigation matters involving current or former Tyler employees:

Although Tyler has more than 7,200 current employees,
employment lawsuits involving Tyler are not common. Currently, there are loosely affiliated lawsuits against Tyler involving FLSA- type claims.

Currently pending lawsuits that meet this description are summarized below:
• Harrison v. Tyler Technologies, Inc. (E.D. Tex., 21-cv- 607) (service date: August 6, 2021): This is a lawsuit
regarding an alleged misclassification under the FLSA. It was filed by the same lawyer who filed two prior suits
against Tyler, and recycles identical claims; however, the plaintiff in this lawsuit served in different roles than the prior plaintiffs, and Tyler is confident that each of those roles were properly classified as exempt. Tyler won
summary judgment that one role was properly classified
and was continuing through the litigation on the other role, when the parties arrived at a mutually agreeable
resolution. The parties then briefed whether plaintiff’s counsel should be entitled to any attorneys’ fees and, if so, how much those fees should be. The briefing was
completed as of April 21, 2023, and is under consideration with the court.

Recent lawsuits that meet this description are described below:
• Kudatsky v. Tyler Technologies, Inc. (N.D. Cal., Case No. 19-CV-07647) (service date: December 6, 2019): A
former implementation consultant filed a purported class action lawsuit under the FLSA alleging that
implementation consultants such as himself were
improperly classified as exempt. Tyler strongly disagreed with those allegations and is confident that
implementation consultants were and are properly
classified as exempt professionals payable on a salary
basis. To avoid the time and expense of ongoing litigation, however, Tyler agreed to settle the lawsuit. The court
approved the settlement on November 17, 2021, and the
parties processed settlement payments in January 2022.

The settlement did not require Tyler to reclassify any of its employees.

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Community Development Land Management, Code Compliance & Permitting Application Page 22 • Wright v. Tyler Technologies, Inc. (E.D. Ark., 20-cv-454) (service date: March 2, 2020) and Greene v. Tyler
Technologies, Inc. (N.D. Ga., Case No. 19-cv-1338)
(service date: March 26, 2019): The same lawyer brought each of these individual plaintiff lawsuits alleging wage and overtime violations under the FLSA. (This same
lawyer also filed the Harrison lawsuit referenced above.) Each of the plaintiffs was initially employed by a
company that Tyler acquired. Tyler disputed each
plaintiff’s claims, but ultimately reached a resolution with each. The Wright lawsuit was resolved on September 17,
2021, and the Greene lawsuit was resolved on April 14,
2021.
• Kohlmann v. Tyler Technologies, Inc. et al. (N.D. Cal., Case No. 20-CV-00861): Tyler was served on January 7,
2020. A former Tyler employee alleged she was
terminated because Tyler refused to accommodate, and
discriminated against her on the basis of, a medical
condition. Despite Tyler’s efforts, plaintiff failed her standardized assessments and, as such, her employment
with the company was terminated. Tyler strongly disputed her contentions, and the lawsuit was dismissed with
prejudice as of October 15, 2020.

Lawsuits otherwise involving Tyler software or services: Third parties have also brought lawsuits against Tyler based on some alleged connection between the cause of action and a Tyler software or service.

Currently pending lawsuits that meet this description are summarized below:

• Roe et al. v. The State Bar of California et al. (Superior Court of California, County of Orange, Case No. 22-CIV- 01250695): On March 28, 2022, Tyler was added as a
defendant to the above-captioned proceedings. The
allegations relate to data harvesting performed by a third- party (a website known as judyrecords.com) on public-
facing websites known as Odyssey Portal that Tyler
licenses. The State Bar of California maintains an
Odyssey Portal, and judyrecords.com was able to harvest data relating to public and non-public case records
searchable on that site. The plaintiffs allege various state and federal law claims relating to privacy and antitrust violations. The plaintiffs purport to bring the lawsuit as a class action. Tyler does not believe that there is a basis to certify the alleged class, or that the claims against Tyler have merit. Tyler removed the lawsuit to federal court, where plaintiffs’ anti-trust claims were dismissed on
defendants’ motion. The case was then remanded to state court.

Recent litigation that meets this description is summarized below:
• Stern v. Snohomish County, d/b/a Snohomish County 911

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Community Development Land Management, Code Compliance & Permitting Application Page 23 (“Sno911”) et al. (Snohomish County Superior Court,
State of Washington, No. 18-2-05901-31): Tyler was
joined to a pending lawsuit against Sno911 on January 24, 2019. Plaintiff Darrin Stern is a former employee of
Sno911, a Tyler client in live production on the New
World Public Safety software. Mr. Stern alleges that
Sno911 discriminated against him by failing to
accommodate his alleged disability – color-blindness. He alleges a single claim against Tyler: that Tyler aided and abetted Sno911’s discrimination against, and wrongful
discharge of, Mr. Stern. Tyler had no role in Sno911’s
employment decisions relating to Mr. Stern. The matter
has been resolved and dismissed with prejudice as of
September 30, 2022.
• Singh et al. v. Tyler Technologies, Inc. (Superior Court of California, County of San Mateo, Case No. 22-CIV-
00985): Tyler was served on March 8, 2022. Mr. Singh’s
complaint includes allegations that Tyler violated
California statutes and defamed him because his name was associated with case filings on cases for which he was not the attorney of record. Mr. Singh appears to believe that Tyler knew about a defect in its Odyssey case
management solution and ignored that defect, to the
detriment of Mr. Singh and his reputation. Tyler disagrees with Mr. Singh’
s allegations, does not understand the basis
for them, and is confident that the claims and damages
assertions are misplaced. The claim was dismissed on
April 21, 2022.
• Levine v. Scott et al. (Dekalb County Superior Court, GA, No. 19-CV-7832). Tyler was served on September 25,
2019. The plaintiff is an individual seeking declaratory and injunctive relief for various claims. His suit names twelve co-defendants along with Tyler, most of whom are officials from various Georgia state courts. As best can be understood from the complaint, the allegations stem from Mr. Levine’s complaints about the results of various court proceedings and court rulings against him. Tyler had no involvement in any of those proceedings or rulings, and the only alleged connection between Tyler and the
complaint appears that certain filings were entered using a Tyler electronic filing solution. The claim was dismissed on February 15, 2022.
• Turnage et al. v. Oldham et al. (W.D. Tenn., 16-cv-2907):

Tyler was served on January 9, 2017. Tyler’s original co- defendants include Shelby County, Tennessee, and various Shelby County officials. The alleged class action
plaintiffs’ complaint alleges that processing errors in the County’s new criminal justice software system resulted in certain plaintiffs being denied timely processing through the jail, incorrectly issued arrest warrants, or other errors.

Tyler was responsible for the court case management
system component of the system, and
was not responsible,
for example, for the jail management solution. Since that time, and various case consolidations, the consolidated plaintiffs have filed multiple amended complaints,

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Community Development Land Management, Code Compliance & Permitting Application Page 24 ultimately naming all of the other vendors whose software or services were involved in the County’s criminal justice system upgrade. Tyler moved to dismiss the lawsuit, and that motion was granted in part, leaving only one claim pending against Tyler. To avoid the time and expense of ongoing litigation, all parties agreed to a settlement that was finally approved by the court on December 9, 2021,
with no admission of liability by Tyler. With the
settlement approved, the claims administration process
was turned over to a third-party claims administrator for expected completion in the first half of 2022.
• Chavez Law Offices, PA v. Tyler Technologies, Inc.
(Second Judicial District Court, Bernalillo County, New Mexico, No. D-202-CV-2021-01248):  On March 2, 2021,
Tyler was served in the above-captioned proceedings.  The Plaintiff, a law firm in New Mexico, alleged that Tyler, as the provider of the Odyssey File & Serve electronic filing system used by New Mexico courts, had not refunded
certain filing fees paid by Plaintiff that the Plaintiff believed it should not have been charged.  The complaint alleged certain tort claims and violations of the New
Mexico Unfair Trade Practices Act.  The lawsuit appeared to be based on Plaintiff’s misunderstanding of how filing fees are assessed and the circumstances under which they may be refunded.  Tyler removed the lawsuit to federal
court and moved to compel arbitration in Dallas, Texas, consistent with the applicable contract terms. The federal district court for the district of New Mexico granted
Tyler’s motion to compel arbitration. No such arbitration action has been filed.

Lawsuits initiated by Tyler: Tyler’s goal is to resolve every dispute reasonably and amicably. Where that is not possible, Tyler seeks redress through a lawsuit when it feels compelled to do so.

Currently pending lawsuits that meet this description are summarized below:

• On December 13, 2022, Tyler filed a lawsuit against the City of Jacksonville, FL, in the United States District Court for the Middle District of Florida (Case No. 22-cv- 1368). In an amended complaint filed February 8, 2023,
Tyler asserted claims for breach of contract and
declaratory relief arising out of the City’s failure to pay for licenses and certain services Tyler delivered.  Tyler was forced to seek redress through a lawsuit after the City terminated Tyler’s agreement for convenience and failed to pay Tyler for unpaid amounts outstanding as of the
requested termination date. The City filed a counterclaim alleging breach of contract and related claims. The lawsuit is ongoing.

• On August 23, 2022, Tyler filed a lawsuit against the NY Department of Taxation and Finance and the NY Office of

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Community Development Land Management, Code Compliance & Permitting Application Page 25 Information Technology Services in U.S. District Court
for the Northern District of New York.  The complaint
alleges breach of contract and unjust enrichment arising out of the State’s failure to pay for certain services Tyler delivered.  Tyler was forced to seek redress through a
lawsuit after the State ignored Tyler’s extensive efforts of outreach to collect payment after the State abruptly
terminated Tyler’s agreement for convenience. Tyler
voluntarily dismissed the lawsuit pending efforts to
resolve the dispute through direct conversations with State representatives.

Recent litigation that meets this description is summarized below:
• On June 23, 2022, Tyler filed a lawsuit against Lexington County, South Carolina, in U.S. District Court for the
District of South Carolina (Case No. 3:22-cv-01991-
CMC). Tyler’s complaint alleges breach of contract and
related claims arising out of the County’s failure to fulfill its obligations during the implementation, its refusal to pay for certain services Tyler performed for the County, and its attempt to terminate the contract despite being close to go-live. Tyler made every effort to resolve the matter without resorting to litigation, but these efforts were unsuccessful. The parties agreed to a confidential settlement and the lawsuit was dismissed on December 14, 2022.
• On August 10, 2020, Tyler filed a lawsuit in the United States District Court for the Southern District of Indiana, Tyler Technologies, Inc. v. Lexur Enterprises, Inc. et al (Case No. 20-cv-00173). The lawsuit is based on
defendants’
concerted scheme to interfere with the bidding
on public works contracts to undermine honest and fair
competition in connection with the award of those
contracts. The claims include federal and state antitrust claims, claims for tortious interference of contract and tortious interference with business relationships, and civil conspiracy. The parties agreed to a confidentia
l settlement,
and the lawsuit was dismissed on September 17, 2021.
• On July 6, 2020, Tyler filed a lawsuit against Multnomah County, OR involving an implementation of its Odyssey
Attorney Manager product. Tyler filed the lawsuit in the United States District Court for the District of Oregon (Case No. 20-cv-1083). The complaint alleged breach of
contract and related claims arising out of the County’s failure to fulfill its obligations during the implementation and its refusal to pay for certain services Tyler delivered.

Tyler was forced to take this action after extensive efforts at outreach and cooperation. Shortly after Tyler filed the complaint, the parties were able to engage in a productive dialogue, and subsequently negotiated a mutually
agreeable settlement. As a result of the settlement, Tyler moved for voluntary dismissal with prejudice. The Court entered that dismissal on December 7, 2020. The County remains a Tyler client on other Tyler Software today.

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Community Development Land Management, Code Compliance & Permitting Application Page 26

Lawsuits involving other Tyler matters: Other lawsuits, involving other issues at the corporate level, lawsuits involving one of Tyler’s predecessor-in-interest, or that represent some other type of filing are summarized below.

Recent litigation that meets this description is summarized below:
• Decapolis Systems, LLC v. MedSys Group, LLC (filed
May 12, 2022, E.D. Tex., Case No. 22-cv-146): Decapolis filed this patent infringement lawsuit against various
vendors to Cerner Corporation for its electronic health records and processing systems. Tyler was one of the co- defendants, but quickly explained to the plaintiffs that the Tyler software did not infringe either patent-in-suit. On July 21, 2022, the plaintiffs filed a notice of voluntary dismissal, which the court granted on July 25, 2022.
• Rendon v. Tyler Technologies, Inc. et al. (California Superior Court, Los Angeles County): On September 30,
2021, Tyler was served with this lawsuit, alleging that Tyler’s Investor Relations webpage deprived plaintiff, a visually impaired individual, of equal access to the
webpage. Accessibility audits – including those performed by Plaintiff – confirm that no such barriers to access exist.

The parties reached a settlement agreement, and the
lawsuit was dismissed on February 2, 2022. The
settlement does not require Tyler to take any remedial
action.

3. # of Vendor Employees
 Total Worldwide 7,200+
 Total in U.S. 7,000
 # dedicated to the proposed solution 180
 U.S. # dedicated to the proposed solution 180
 Location of office that will be supporting us &
# of employees
Lawrenceville, GA / 900 Employees

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Community Development Land Management, Code Compliance & Permitting Application Page 1

4. Number of Customers Using the Proposed
Solution

 Total Worldwide 550
 Total in U.S. 546
 # cities using the proposed solution 418, but non-City users are mostly Counties and Authorities  # cities using the proposed version 378

5. List City customers similar to City of San
Carlos (similar functional and technical requirements,
applications, size, permit volumes, and users)
Clients of similar population and project size have been included in the provided list in Section 4 of this response.

6. Vendor’s Target User Profile
 Segments (Industries, Federal govt., State,
County,
City, etc.)
Exclusively focused on local government since 1997

7. Implementation Model – Direct, VAR,
Implementation Partner, etc.

Direct

8. User protection plans – briefly describe. For
example:
• Source code held in Escrow
• No charge to migrate to a similar new software (e.g.
new technology)
• Other options
• Tyler has established a relationship with a third party escrow company, Iron Mountain Escrow Services, who can
store, maintain, and update the Tyler source code. Under specific conditions or triggers spelled out in the source- code agreement, the escrow company can provide the
Tyler source-code directly to the City. The cost for
this optional service is a $1500 fee, plus $1500 annual maintenance. Clients have the ability to enroll in this program at any time (This is an optional service and
is
not included in our Investment Summary.)
• With Tyler’s Evergreen philosophy, clients never need to repurchase software to receive the latest technology.

New releases are available at no charge with a current
contract in good standing.

9. Briefly describe your customer service and
support.
• Options and related cost
• Hours/time zones
• Proposed location providing support
• What is covered and what isn’t
The goal of the Tyler support department is to provide expeditious technical assistance to Tyler software users in overcoming issues, understanding functionality, and recommending approaches to various scenarios. We strive to answer your questions quickly and accurately. Tyler offers multiple ways to contact your support personnel, as well as access to thousands of users across the country who have the experience to help you utilize the software to your greatest benefit.
• The Support services listed options listed here are available at no extra charge within a current contract.
• Tyler support is available during the local business hours Monday-Friday 8 AM to 5 PM (8 AM – 8PM EST) across
four US time zones (Pacific, Mountain, Central and Eastern). • Lawrenceville, GA
• Support provided :
- Tyler Search – an online query tool that provides
answers for your questions by culling through all Tyler’s online resources using Knowledge Centered Service
- Tyler Knowledgebase- a documentation library in a
single, easily accessible location

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Community Development Land Management, Code Compliance & Permitting Application Page 2 - Tyler Community – Tyler’s online forum available 24/7 - Tyler Coach - Tyler’s e-learning solution to enhance
support and training of your employees using your data
- Tyler Release Management Console- Shows all release
version information, with a summary of each release
and associated enhancements, open, closed and non-
critical issues
- Online Help- context sensitive field help and
procedural information to assist your team in
completing program tasks
- Answer Panel- As you begin entering your case details, Tyler Search presents results in the panel that matches your question. Answers provided are the most relevant
to your question, regardless of the source of the
information.

- MyView- MyView is a screen capture tool to give
Support more information to assist clients with a case.

The recording is linked to the case and visible in the
Online Support Incidents portal.
- Online Support Portal- log or manage incidents and
attach documentation and screenshots
- GoToAssist & Bomgar- remote assistance from Support
used to connect to your desktop
- Phone- Tyler provides a dedicated 800 number that
places no limits on who from your team may contact
Support, or the number of calls placed

10. Briefly describe your training:
• Approach and philosophy
• Options (Learning center, interactive Web courses,
onsite,
train-the-trainer, etc.)
• What do you offer after the Software has gone live
(e.g. for refresher, new hire and upgrade training)
• Prices/rates
• Everyone’s learning style is different. That’s why Tyler offers several training formats to accommodate our diverse clients’ needs. Training by Tyler staff provides hands-on learning in your own labs. Your resources receive consultative knowledge transfer sessions that are a combination of lecture and hands- on education, using your organization’s own data.

A mutually developed education plan lays out the process of transferring knowledge between you and Tyler. The purpose of the education plan is to:
• Communicate the process to stakeholders and
functional leaders
• Answer specific questions (where classrooms will be
established, what database environment will be
utilized, etc.)
• Establish action items and link project personnel as
owners
• Define measurement criteria to ensure the plan has
been successfully followed
Your organization is set up for success with Tyler’s train the trainer approach to training and education plan developed over years of industry experience.
• On Going Training
Tyler conducts complete training during your software
implementation; however, we know that ongoing training is

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Community Development Land Management, Code Compliance & Permitting Application Page 3 important in order to learn about and implement future
functionality, train new users, and refresh the knowledge of existing users. Tyler’s implementation department can be contracted to provide additional training at any time. This is often done by clients who are upgrading, who would like assistance in adopting new features and processes.

Tyler offers many additional tools and services designed to assist to maintain resource knowledge and train new users.

Tyler Technical Support provides the opportunity to get specific questions answered and to understand the impact of changes on the system. The Knowledge Base provides
documentation on all aspects including technical installation guides, how to documents, release notes for new versions of the system, and process documentation. Tyler also offers a variety of ways for our clients to interact and collaborate including Tyler Community, local user groups and an annual user conference.
• Online Education Classes - At Tyler, we know high-
quality training means a satisfied client. We are
committed to offering a variety of training and
continuing education opportunities to meet your
needs. From beginner to advanced, we have the
classes you want with tips and tricks, in-depth
product training and key information to help you
better serve your citizens. All classes are taught live, by Tyler staff, via GoToWebinar, from one hour to
half-day sessions and never two at a time. A full
listing of classes offered for each solution is kept up to date on Tyler Community for easy reference.
• Tyler Coach - Tyler’s e-learning solution to enhance
support and training of your employees using your
data
• State User Groups – forums organized by Tyler staff
and attended by existing clients to get the latest
information on Tyler products
• Annual Conference – Tyler Connect features online
courses taught by Tyler subject matter experts
hosted in a different city each year
Hourly remote implementation rate is $175
Hourly onsite implementation rate is $200 plus travel expenses

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Section 4: Company Profile and Customer References

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 4 Appendix B - Reference Form

Name of Client: City of Temecula, CA
Number of
Employees:
350
Address: 41000 Main Street, Temecula, CA 92590
Contact Name: Sara Seng
Phone: 951-308-6300 Email: [email protected]
Description of project scope, and software programs/versions installed and status:

Deployed Community Development Suite, Business Management Suite, eReviews, GIS, IG Workforce, Civic Access Professional Services included Project Planning, System Configuration and Review, User Acceptance Testing, Custom Report Development, Legacy Data Conversion, Train the Trainer Training.

Currently on Version 2022.1.3

Name of Client: City of Encinitas, CA
Number of
Employees:
150
Address: 160 Calle Magdalena, Encinitas, CA 92024
Contact Name: David Van Pelt
Phone: 760-633-2652 Email: [email protected]
Description of project scope, and software programs/versions installed and status:

Currently on Version 2021.1.2

Name of Client: City of Lompoc, CA
Number of
Employees:
150
Address: 100 Civic Center Plaza, Lompoc, CA 93436
Contact Name: Jeffrey Collins
Phone: 805-875-8290 Email: [email protected]
Description of project scope, and software programs/versions installed and status:

Deployed Community Development Suite, Business Management Suite, eReviews, Workforce Mobile, Civic Access Professional Services included Project Planning, System Configuration and Review, User Acceptance Testing, Legacy Data Conversion, Train the Trainer Training
Currently on Version 2021.1.2
Appendix B - Reference Form-1

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Section 5: Project Management and Implementation Methodology City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 5 Section 5: Project Management and Implementation Methodology Implementation Methodology
Tyler’s implementation process demonstrates our long-term commitment to our clients with a methodology tailored specifically to the public sector. Your organization benefits from the fact that we perform our own implementations and know our software better than anyone. As a Tyler client you receive guidance throughout implementation from experienced Tyler professionals who have implemented Tyler products in more than 10,000 public sector implementation projects. Tyler’s methodology is based on three vital foundations:
• Industry experience
• A globally recognized project management approach
• In-house expertise
Tyler utilizes its depth of implementation experience, working in tandem with our clients to put our methodology into practice. 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 client’s complexity and organizational needs.

The methodology adapts to both single-phase and multiple-phase projects. To achieve Project success, it is imperative that both clients and Tyler commit to including the necessary leadership and governance. During each stage of the Project, it is expected that clients and Tyler Project teams work collaboratively to complete tasks. An underlying principle of Tyler’s Implementation process is to employ an iterative model where client 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.

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.

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.

Project governance defines the structure for escalation of issues and risks, Change Control review and authority, and Organizational Change Management activities. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage.

The chart below illustrates an overall team perspective where Tyler and the City collaborate to resolve Project challenges according to defined escalation paths. If project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City Steering Committee become the escalation points to triage responses prior to escalation to the City and Tyler executive sponsors. As part of the escalation process, each Project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City and Tyler executive sponsors serve as the final escalation point.

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Section 5: Project Management and Implementation Methodology City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 6

Project Management
Our approach to project governance has been continuously improved during Tyler’s more than 35 years of experience implementing software exclusively with public sector clients. No one knows the system better than our staff. That’s exactly why we don’t contract third parties to do our implementation for us. We do it best. Project Managers will be assigned to each phase of your project and will engage subject matter experts throughout the implementation. Our staff consists of seasoned professionals with unique and proprietary skills and years of experience, focused into dedicated departments.

Project Communication
Tyler understands the importance of having current, accurate, easily accessible information during an Implementation Project. As part of Implementation, each new Tyler client will be provided a Project Portal. The purpose of this site is to furnish the project teams with a central location to plan, store and access pertinent documentation and information relating to your Implementation project.

This site will be jointly maintained by the project teams for the duration of the implementation. Once the client has gone live, the portal will be maintained by Tyler’s Client Services team for the first year of live processing, and all files are available to the client to download during this time.

Management and Scope
The Tyler Project Manager and implementation teams will communicate regularly with your project team. All implementation deliverables generate reports which contain detailed assessments of task completion, staff participation and material absorption. The Tyler Project Manager(s) will evaluate and measure the report results, communicating the gaps and adjusting the plan accordingly. Should issues arise during the project, there are several escalation paths that can be used laid out in the communication plan.

Project Organizational Chart
Every implementation project is comprised of both client resources and Tyler resources working together at varying levels of involvement to ensure a successful implementation. The chart below outlines each of those resource groups. Please keep in mind that some resources in your organizations may fall into multiple groups.

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Section 5: Project Management and Implementation Methodology City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 7

Solution Validation
Making sure your new system works the way you need it to is paramount to the success of the implementation. Tyler’s quality management and validation plan addresses both the project and the product, while ensuring project objectives are met. The project teams validate the solution throughout the life of the project to expose issues that would normally only be revealed in a production environment.

A controlled environment is created for high-level product validation, import and export interface, functional flow, and reliability.

The goal of validation is for End Users to gain extensive product experience, develop a high level of confidence in Tyler’s products, and understand their specific functions within the solution.

Expected benefits from the completion of validation also include:
• The infrastructure of hardware and network design is thoroughly vetted • In-scope data conversions are delivered and fully integrated into the solution (if applicable) • Modifications are delivered and fully integrated into the solution (if applicable) • A managed Issues List is fully quantified
Issue tracking, resolution accountability, and completed issue resolution are necessary in a successfully completed project.

The validation phase is a shared responsibility and must be recognized as such.

Tyler Training Plan
Everyone’s learning style is different. That’s why Tyler offers several training formats to accommodate our diverse clients’ needs. Training by Tyler staff provides hands-on learning in your own labs. Your resources receive consultative knowledge transfer sessions that are a combination of lecture and hands-on education, using your organization’s own data.

A mutually developed education plan lays out the process of transferring knowledge between you and Tyler. The purpose of the education plan is to:
• Communicate the process to stakeholders and functional leaders • Answer specific questions (where classrooms will be established, what database environment will be utilized, etc.) • Establish action items and link project personnel as owners • Define measurement criteria to ensure the plan has been successfully followed Your organization is set up for success with Tyler’s train the trainer approach to training and education plan developed over years of industry experience.

Scheduling and Attendance
Tyler prefers a classroom and curriculum approach for training to ensure knowledge transfer, comprehension, and retention. A successful user training session is in a classroom environment with a computer for each user, whiteboard, printer in the room or nearby, and one computer connected to a projector.

Class size should be limited to twelve (12) users in attendance to the training is critical to gain hands-on experience with the system.

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Section 5: Project Management and Implementation Methodology City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 8 Responsibilities
Tyler knows the value of being prepared for the use of our software in production. Our goal is to partner with you and lend our expertise based on experience, in order to allow your resources to be successful at go-live.

Both teams collaborate on all aspects of training, discussed, and documented during the planning stage of the project. The expectation is for Tyler to provide one or more occurrence of each scheduled training. You will be responsible for the logistics of the training by completing such tasks as scheduling resources and ensuring facilities are available. These sessions are to be attended by your key staff members (i.e. functional leads and power users) so that they can then disseminate the information they learn to others in your organization if or when necessary.

Training Materials
Tyler maintains a complete set of documentation that is available to all users through the KnowledgeBase. The KnowledgeBase provides users with a single, easily accessible location to find all existing documentation on Tyler products and other widely used technology products. Included are procedure documents, file layouts, user guides, installation manuals, setup documents, system administrator documents, data schemas, training exercises and much more. Clients also have the ability to download documentation into Microsoft Word format to edit to match internal policies and procedures.

General Assumptions
Tyler’s experience in working with public sector clients has enabled us to limit the assumptions we make in our proposals.

Most details of the actual project will be worked out during contract and statement of work negotiations should Tyler be selected.

There are a few assumptions which, when acknowledged and adhered to, will support a successful implementation. Below are general assumptions which should be considered throughout the overall implementation process:

Project Assumptions
The City project team will complete their necessary assignments in a mutually agreed upon timeframe to meet the scheduled go-live date, as outlined in the finalized project schedule. Sessions will be scheduled and conducted at a mutually agreeable time.

Any additional services, software modules, and modifications will be considered a change to the project and will require a change request form. Implementation of new software may require changes to existing processes, both business, and technical, requiring City to make process changes.

City is responsible for defining, documenting, and implementing their policies that result from any business process changes.

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Section 5: Project Management and Implementation Methodology City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 9 Resources and Scheduling Assumptions
City resources will participate in scheduled activities as assigned in the Project Schedule. The City team will complete prerequisites prior to applicable scheduled activities. Failure to do so may affect the schedule.

Tyler and City will provide resources to support the efforts to complete the project as scheduled and within the constraints of the project budget. Abbreviated timelines and overlapped phases require sufficient resources to complete all required work as scheduled.

City makes timely project related decisions to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Failure to do so may affect the schedule, as each analysis and implementation session is dependent on the decisions made in prior sessions. City will respond to information requests in a comprehensive and timely manner, in accordance with the Project Schedule.

City will provide adequate meeting tools, including appropriate system connectivity, to the project teams.

Data Conversion Responsibility Assumptions
Data will be converted as provided and Tyler will not create data that does not exist. City is responsible for the quality of legacy data and for cleaning or scrubbing erroneous legacy data.

All in-scope source data is in data extract(s). Each legacy system data file submitted for conversion includes all associated records in a single approved file layout.

The client will provide the legacy system data extract in the same format for each iteration unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget and resource availability may occur and/or data in the new system may be incorrect.

The City Project Team is responsible for reviewing the converted data and reporting issues during each iteration, with assistance from Tyler. The City is responsible for providing or entering test data (e.g., data for training, testing interfaces, etc.)
Facilities Assumptions
City will provide dedicated space or appropriate collaboration tools for City resources to work during implementation sessions. City will provide staff with a location to practice what they have learned without distraction.

Project Risks and Mitigation
As with any major project, there are risks both large and small inherent to implementing a new software system. That is why you need experts to guide you through the process from start to finish. Tyler has been delivering software solutions to the public sector since 1966. Our vast experience and adherence to the industry-leading Project Management Institute (PMI) approach to project management give Tyler the knowledge to measure risk and to implement procedures which mitigate and minimize risk to our clients.

During the planning stage of the project potential risks and mitigation techniques are discussed to limit impact in a successful project. The largest project risks inherent with a software implementation of this size are in the adoption of change and the follow through on meeting your stated goals. In every project, there are people and departments that are resistant to the change needed to fully utilize a new system. It is important that these individuals and groups be identified early in the project, and a communication and coaching plan be put in place to minimize their impact on the project and the intended results. Stakeholders can assist by communicating management’s commitment to the project, establishing clear internal expectations for the staff, supporting change management efforts, enforcing changed business practices and holding resources accountable for completion of tasks necessary for project deadlines. Implementing a new software solution is a commitment that requires full buy-in from all levels and properly allocated resources for both time and effort.

Ensuring that tasks are monitored and prioritized accordingly helps ensure a successful, on-time project completion.

The best way to minimize any risk and maximize the benefits of a Tyler implementation is to communicate and document decisions as thoroughly as possible during the planning stage of the project. A Risk Management Plan, Communication Management Plan, Change Management Plan, and Risk Register will all be part of the overall Project Plan. These documents will provide a list of the potential project risks, identify ways to mitigate the risk that each brings and describe what to do in the case of a risk impacting the project and how to compensate for that change. Communication and planning can help to prepare for risks and minimize the impact they have on the overall implementation.

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Section 5: Project Management and Implementation Methodology City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 10 Change Request Process
A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level of flexibility to incorporate approved changes. Changes in scope, schedule, and/or cost of this project may occur as a result of new constraints or opportunities discovered. The change will be brought to the attention of the Steering Committee and an assessment of the change will occur using the below process.

The change request will include the nature of the change, a good faith estimate of the additional costs or associated savings, and a timetable for implementing the change. Additionally, the change request will note the effect on and/or risk to the schedule, resource needs, or resource responsibilities. Any changes to the project scope, budget, or timeline must be documented and approved in writing using a change request form.

Communication Management
Tyler understands that current, accurate information that is easily accessible is a key component in any successful project.

As part of implementation, each new Tyler client will be provided a Project Portal. The purpose of this portal is to furnish the project teams with a central location to plan, store, and access pertinent documentation and information relating to your implementation project. The Tyler project portal site will ensure that all project stakeholders have an easy-to-use tool that will provide an integrated location to inquire, review, and update all project information.

It is Tyler’s goal to have the site available for introduction no later than the Project Manager’s (PM) Stakeholder Meeting.

When the portal is made available, the PM will provide an overview of the portal and its available tools.

Schedule Management
During the planning stage of the project, a custom project plan will be created by the project teams that will serve as a working document throughout the entire project. These teams will meet regularly throughout the project to foster communication and ensure that all tasks are on schedule. In addition, periodic reviews and project meetings will be scheduled regularly where changes in scope, project length, or cost will be discussed.

Any change to the project plan, will be agreed to by the two project teams. The original project plan, as well as any subsequent versions of the document will be posted on the project portal and available to all project participants. This open access to project documents helps to ensure good communication among all project stakeholders.

On Going Training
Tyler conducts complete training during your software implementation; however, we know that ongoing training is important in order to learn about and implement future functionality, train new users, and refresh the knowledge of existing users. Tyler’s implementation department can be contracted to provide additional training at any time. This is often done by clients who are upgrading, who would like assistance in adopting new features and processes.

Tyler offers many additional tools and services designed to assist to maintain resource knowledge and train new users.

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Section 5: Project Management and Implementation Methodology City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 11 Online Education Classes
At Tyler, we know high-quality training means a satisfied client. We are committed to offering a variety of training and continuing education opportunities to meet your needs. From beginner to advanced, we have the classes you want with tips and tricks, in-depth product training and key information to help you better serve your citizens. All classes are taught live, by Tyler staff, via GoToWebinar, from one hour to half-day sessions and never two at a time. A full listing of classes offered for each solution is kept up to date on Tyler Community for easy reference.

TylerU
Tyler incorporates computer-based training into our Training and Knowledge Transfer. TylerU (University) delivers prerequisite and baseline information to all project participants. This approach allows Tyler’s implementation consultants to focus on more complex subjects and to focus on ensuring that all participants are moving along at the same pace. Tyler U is included for all clients at no additional charge.

Tyler U is a supplement to Tyler’s preferred teaching method of in-person classroom training. They are not meant to replace any portion of the training that is conducted by Tyler’s resources.

Tyler maintains a complete set of documentation that is available to all users through our client resources and knowledge articles. Our client resources provide users with a single, easily accessible location to find all existing documentation on Tyler products and other widely used technology products. Included are procedure documents, file layouts, user guides, installation manuals, setup documents, system administrator documents, data schemas, training exercises and much more. Clients also can download documentation into Microsoft Word format to edit to match internal policies and procedures.

Legacy Data Conversion
Tyler’s Data Services Team has extensive experience with data mining, conversion, migration, and more. Our team has successfully converted over 50 unique systems including every major relational database management system. 99% of all deployments involve legacy data analysis, conversion and importation. Tyler has reviewed all data sources as identified by the agency and will utilize the following conversion migration plan and protocol to complete the task.

Protocols
Tyler’s standard protocols regarding data conversion, analysis, development, testing, and deployment (production cutover) involves several project team members serving comprehensive capacities including: Tyler Project Manager, Tyler Business Analyst, Tyler Systems Analyst, Tyler Data Services.

While the actual process can vary, the tasks described in this section represent the fundamental components/benchmarks associated with the conversion and migration process.

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Section 5: Project Management and Implementation Methodology City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 12 Architecture of Conversion
Tyler’s Data Services Team employs a four-step process that accomplishes the conversion programmatically to eliminate, to the extent possible, the need for manual data entry into the new system. • Legacy data is populated into a Data Conversion Template-Database (DCT-DB) as an initial step separating data by module and identifying system data from custom data. • Legacy data is mapped from the legacy fields in the DCT-DB to the corresponding fields in the new system database.
• Finally, the Conversion Developer creates and executes the scripts that will transform and migrate the legacy data into the new software database.

Migration Plan
The migration plan functions as the blueprint for the migration implementation, specifying agency expectations, defining project deliverables, and identifying migration methodologies to be used. Critical stages of the standard migration plan include the following:
• Discovery (1 Iteration)
o There is a single (1) round of discovery where Tyler reviews the data to ensure all relevant fields are present and ready for initiation with the full conversion process. • Mapping (2 Iterations)
o There are two (2) rounds of mapping for a full conversion: mapping the action of finding the records (projects, permits, licenses, inspections, etc.) in the legacy system, and matching them with a one-to-one correlation to the new system data fields. Tyler’s Data Services team partners with the implementation consultants and the agency to determine mapping requirement specifics. • Tyler Review
o Tyler’s Data Services team executes a final review of the legacy source data and the mappings before starting the import process. This step helps Tyler verify that all required fields will be populated with data from the legacy system when the import process begins.
• Import: Three (3) Iterations
o The import process is when the Data Services team creates the program to begin populating the new database with legacy data. There will be a total of three (3) rounds for the review of this data transfer.

The time for review will be no more than 10 business days for the agency to guarantee the project stays on schedule and that the resources assigned for the conversion are available for the full duration. o It is highly important to include subject matter experts that have in-depth knowledge of your current software from both an administrative standpoint and a user standpoint. The users will be familiar with their data and their experience is crucial in assisting the Tyler consultants when fields need to be explained in the new system for data population.
o All major changes that require conversion programming are done in this stage. No conversion programming changes will be allowed after this stage, such as the addition of new types and work classes for conversion, data migration to custom fields, etc.
o During the import iteration review process, changes should be notated in a single Microsoft Word document with the module, case number, issue, severity, status, and a screen shot. This will help track all outstanding issues.
 Module: Plan/Permit/Code/Business License/Professional License, etc.  Case Number: Both legacy system case number and new system case number  Issue: List any import error details with the information in the new system  Severity: High/Medium/Low
 Status: Open/Resolved
 Screen Shot: Visual aid from both legacy system and new system • User Acceptance Testing
o This stage denotes when the system is tested with the signed-off converted data and will serve as the final point of any changes; only small changes, such as mismatched types, are allowed at this point. There are no more data changes allowed after this stage.

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Section 5: Project Management and Implementation Methodology City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 13 • End User Training
o No data changes are allowed during this stage. This is when the last backup from the legacy system is performed from the legacy system before Go-Live to help prepare for the final upload. • Go-Live
o Once the final pass is loaded, Tyler’s data services team will be available to help with any last minute, minor issues that may arise during the Go-Live process.

Project Planning
Project Planning is an important piece of any implementation. Tyler takes a custom approach to every project we lead. The project schedule is developed collaboratively with both project teams in order to meet your needs, while keeping in mind Tyler’s guidelines for implementation. Periodic project meetings will be scheduled where changes in scope, project length, or cost will be reviewed.

Tyler is open to discussing the project schedule in more detail and working out a mutually agreed upon plan that considers all project risks, requests and resource constraints.

Tyler recommends a phased implementation approach, staggering start and live dates for each phase of the project. Live dates will be targets but should not place unnecessary constraints on the project. The following schedule takes into consideration the City’s goals and Tyler’s recommended approach, and assumes the product will be used as is, without additional go-live customizations.

Enterprise Permitting & Licensing 12 Month Timeline

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Section 5: Project Management and Implementation Methodology City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 14 Project Resources
Tyler groups your team and Tyler resources based on their functional role within the project. This allows for easier staffing and communication within and between project teams. Please reference the project resource roles graphic below for a summary of responsibilities for each role. Our project approach is based on our experience and knowledge from working exclusively with public sector clients.

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Section 6: Proposed Costs

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 15 Section 6: Proposed Costs
Notes
The following Section 6: Proposed Costs is based on the stated requirements provided by City of San Carlos in this RFP. It includes Tyler SaaS hosting fees, estimated services, project management, and conversion, costs.

Tyler has quoted the solution as a SaaS hosted deployment. This does not cause any connectivity issues with the current Tyler applications which are in a self-hosted environment. If the City does wish to move their current Tyler applications to a SaaS deployment, we are happy to discuss that process and costs.

Any stated conversion prices may vary depending on cooperation of previous vendor and/or the complexity of converting the data.

Travel expenses are not included, but can be estimated at the client’s request.

The fees listed in this Cost Summary do not include any tax or other governmental impositions including, without limitation, sales, use, or excise tax. All applicable sales tax, use tax, or excise tax shall be paid by client and shall be paid over to the proper authorities by client or reimbursed by client to Tyler Technology on demand in the event that Tyler Technology is responsible or demand is made on Tyler Technology for the payment thereof. If tax-exempt, client must provide Tyler Technology with client's tax-exempt number or form.

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2023-410824-F6C2Y7 CONFIDENTIAL Page 1 Quoted By: Karen Grosset
Quote Expiration: 12/10/23
Quote Name: City of San Carlos - ERP - EPL
Quote Description: EPL
Saas Term 3.00
Sales Quotation For:

City of San Carlos
600 Elm St
San Carlos CA 94070-3085
Phone: +1 (650) 802-4100
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Civic Services
Civic Access - Community Development 1 24 $ 6,477.00
Community Development API Toolkit 1 64 $ 7,160.00
Community Development Suite 50 248 $ 52,800.00
Decision Engine 1 8 $ 7,000.00
e-Reviews 1 80 $ 9,724.00
Enterprise Permitting & Licensing Core Foundation Bundle 1 16 $ 2,012.00 Enterprise Permitting & Licensing View Only License 15 0 $ 5,280.00 Report Toolkit 1 0 $ 2,007.00
Workforce Mobile 15 16 $ 5,280.00
Data Insights
Enterprise Permitting & Licensing Advanced Automation Bundle 1 8 $ 1,460.00 Additional
GIS 50 8 $ 14,800.00
TOTAL 472 $ 114,000.00

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2023-410824-F6C2Y7 CONFIDENTIAL Page 2 Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Project Management 60 $ 175.00 $ 0.00 $ 10,500.00 $ 0.00 Conversions – See Detailed Breakdown Below $ 10,575.00 $ 0.00 Onsite Implementation 128 $ 200.00 $ 0.00 $ 25,600.00 $ 0.00 Remote Implementation 344 $ 175.00 $ 0.00 $ 60,200.00 $ 0.00 TOTAL $ 106,875.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 114,000.00
Total Tyler Services $ 106,875.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 106,875.00 $ 114,000.00
Contract Total $ 448,875.00
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:

Print Name:

Date:

P.O.#:

All Primary values quoted in US Dollars

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2023-410824-F6C2Y7 CONFIDENTIAL Page 3 Description Qty Unit Price Unit Discount Extended Price Conversions
Community Development 1 $ 10,575.00 $ 0.00 $ 10,575.00
TOTAL $ 10,575.00
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
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License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
Fees for hardware are invoiced upon delivery;
Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.

Fees for services included in this sales quotation shall be invoiced as indicated below.

Implementation and other professional services fees shall be invoiced as delivered.

Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module.

Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion module.

Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.

Detailed Breakdown of Conversions (Included in Summary Total)

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2023-410824-F6C2Y7 CONFIDENTIAL Page 4 Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.

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

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

In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.

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

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

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.

EnerGov Community Development: Tyler leads and owns the "Assess and Define" and "Configuration" 2 unique business transactions, 2 template business transactions, 1 geo-rules and 1 automation events. Configuration elements beyond this will be owned by the client.

Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of • If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
• Expenses associated with onsite services are invoiced as incurred.

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.

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2023-410824-F6C2Y7 CONFIDENTIAL Page 5 project plan task statuses, and go-live planning activities.

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Section 7: Specifications

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 21 Section 7: Specifications
Please find completed Appendix D - Technical Requirements on the following pages.

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Codes should be filled‐out as follows:

Y= Yes
N = No
C = Customization Needed
F = Planned for Future
3 = Supplied by 3rd Party
Line# Question Response Comments
A.1 The system shall include all support software, tools and utilities (e.g., compilers, text editors, library products, code generators, scripts) needed to perform configuration, installation, operation and management tasks.

Y
A.2 The system shall provide well defined change management processes, including pre‐defined migration processes for software releases, operating system upgrades, layered software upgrades, and hardware configuration changes.

Y
A.3 The vendor shall be responsible for notifying the City of all software fixes and version upgrades/releases.

Y
A.4 Software fixes and version upgrades/releases shall be made available to the City and shall be included in maintenance.

Y
A.5 The vendor shall provide a list of all features along with a detail description for all software fixes and version upgrades/releases.

Y
A.6 The vendor shall maintain software fixes and version upgrades/releases that are accessible by the City.

Y
A.7 Development licenses for all system utilities and tools shall be provided and easily managed by the City.

Y
A.8 The vendor shall provide programming documentation (API) along with the ERD/schemas.

Y
A.9 The system shall provide capabilities to integrate and/or interface with other applications and other databases, both internal and external to the City of San Carlos. Y With Available Enterprise Permitting & Licensing open API Suite.

A.10 The system shall provide utilities and tools to monitor resource utilization, user access and log user activity.

Y
A.11 System shall have a comprehensive application tool kit (API) useable but not limited to the Microsoft, Apple and LINUX operating systems.

Y
A.12 Vendor shall supply detailed User, Administrator and Developer tool kit manuals and documentation in electronic (and possibly in printed) format.

Y
The API Developer Portal is a powerful RESTful API gateway that makes accessing Tyler application data and processes through Toolkits and Connectors easy and intuitive. The Portal conforms to the OpenAPI Specification, including using Swagger UI to generate interactive API documentation, securing resources with OAuth 2.0 through Tyler Identity. API resources include example calls and produce properly formatted commands, allowing you to easily exercise them against your data.

A.13 System shall have an Administrator and Management tool which will facilitate the system configuration and setup process.

Y
A.14 Vendor shall supply a detailed and comprehensive list or manual of possible error codes/messages along with possible resolutions.

N
Enterprise ERP Integrated Help Resources
Tyler Coach
Tyler Coach places the learning where you want it – in your system, interacting with your data. These step
‐by‐s
tep classes guide users through
completing a task with sequenced directions that enable tasks and training to be completed simultaneously. Tyler Coach presents field and button level instructional dialogs directly within your Tyler application using your own data. In fact, Tyler Coach delivers training content specific to application environment it’s access from. For example, using Tyler Coach in a Tyler training application environment provides scenario
‐dr
iven classes using your
own data.

Tyler Coach also provides just
‐i
n‐ti
me assistance for users to complete tasks
that are performed infrequently in the production environment. Some tasks are only performed monthly, quarterly, or annually, making them more difficult to recall. This simple step
‐by‐s
tep instruction overlaid on your own
data is especially helpful while completing tasks that are performed infrequently. Month
‐e
nd and year‐e
nd processes that previously may have
been difficult to remember can now be performed with ease. Tyler Coach can also help users familiarize themselves with new features included in a recent upgrade. After your non
‐pr
oduction environment has been upgraded to the
latest version, users can utilize the scenario‐ba
sed classes with to explore the
new features and functionality.

Employees can access classes in multiple ways. If there is a question, they can search the Tyler Coach menu, or they can view a list of classes grouped by job function, including power user vs end user. These are organized within each function in the order a user should take them. This way, users only take classes they need and build on knowledge with each course they take.

H if l d i d d i t th i lA.15 Vendor shall provide staff dedicated to technical support and assistance 24x7 or as agreed upon in the maintenance agreements.

N
Dedicated 24x7 US‐based critical hosting support is available to all Tyler SaaS customers to assist with accessibility issues or application outages. Technical support for all other hosting requests is available is available Monday‐F riday 8:00 a.m. to 8:00
p.m. EST. Application software support is available Monday‐F riday 8:00 a.m. to 9:00
p m EST
Technical Requirements
A. General Specifications
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A.16 Indicate if your system offers a hosted solution? Y If Yes, Planned for Future, or Supplied by 3rd Party, Fill out A.17 ‐ A.19 A.17 If hosted, describe who has ownership of the data. ‐ Client owns the data A.18 If hosted, describe failover and backup procedures. ‐ Customers of all sizes are using AWS to enable faster disaster recovery (DR) of their critical IT systems without incurring the infrastructure expense of a second physical A.19 If hosted, list ypur data center locations. ‐ AWS has the concept of a Region, which is a physical location around the world where we cluster data centers. We call each group of logical data centers an A.20 Indicate which version/release of software will be installed and how long has the version/release of the software been in production?
‐
Tyler deploys industry leading technology and features that are continually enhanced through a process of perpetual upgrades as part of our Evergreen Philosophy. This includes a continuous stream of significant, yet manageable updates deployed over the life of the application with minimal disruption to our clients.

Tyler application upgrades are released quarterly. Software corrections, known as cumulative updates, are made available for download between quarterly releases. All releases are cumulative allowing clients to upgrade to the latest application version directly.

A.21 The City requires a 60‐day initial system Performance Acceptance testing period from the date the system is fully operational. Do you agree to a 60‐day Performance Acceptance testing period?
N
Tyler does not provide client performance acceptance testing.

Tyler has a dedicated Performance Testing department and lab. Automated testing is completed across all major modules of the ERP system across three primary testing areas; performance, load and stress testing.

Performance Testing validates speed, scalability, and/or stability of the system. This allows Tyler to determine current capacity of the software and ensure most performance issues are resolved prior to software releases and updates. Performance testing also aids in determining precise hardware requirements and configurations.

Load Testing validates the system's performance under normal or peak workload (e.g. number of transactions, concurrent user sessions). Testing modules are created to include common tasks that may be run daily by clients to simulate a typical workload.

All of these workloads are run simultaneously to simulate client usage.

Stress Testing validates the system's performance/behavior when pushed beyond normal/peak workloads. In addition, hardware failures simulations are also included in these tests to evaluate bottlenecks and identify potential causes of the failure.

Tyler utilizes several client footprints to represent the various configurations that make up our client base. These configurations range from consolidated environments running 1
‐2 m
odules to distributed systems running the entire application suite.

A.22 If on‐premise solution is proposed, what equipment will the City be responsible for? ‐ Hosted solution proposd A.23 If on‐premise, will the solution be either a Hyper‐V or vmware virtual server? What server OS is required? ‐ Hosted solution proposd
B
B.2 The system shall support a web‐based (browser) interface for all modules. Y B.3 The web‐based (browser) interface must run on current versions of Chrome, Edge and Firefox. Y
B.4 The system shall support 32‐bit and 64‐bit front‐end (client) and 64‐bit back‐end (server) processing. Y
B.5 The system shall support online real‐time data entry in both centralized and decentralized environments, with proper user authorization. Y B.6 The system shall accommodate background (batch) jobs concurrently with online updates. Y
B.7 The system shall allow both online and batch entry of data. Y B.8 The system shall allow mass changes or deletions to be accomplished without record‐by‐record input. Y
B.9 The system shall allow for effective dated transactions and table updates. Y B.10 The system shall provide 'comment' type data item fields for entry of free‐form text. Y B.11 The system shall edit all transactions for errors and provide immediate user feedback, including error messages and possible corrective actions. Y Application Architecture
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B.12 The system shall provide the capability to support public/private key encryption.

Y
All AWS Cloud services that store customer data offer the ability to encrypt that data.

By defining an encryption approach, you can provide protection for your content against unauthorized users and against unnecessary exposure to authorized users.

The combination of AWS Key Management Service (KMS) and AWS CloudHSM is the centerpiece of a rigorous encryption solution.

AWS KMS helps you manage encryption keys and integrates with many AWS Cloud services. This service provides durable, secure, and redundant storage for your master keys. You can define your key aliases as well as key‐lev el policies. The policies help you define key administrators as well as key users. For example, a secret management system can be the only system that has access to the master key that encrypts the secrets for storage.

AWS CloudHSM is a cloud
‐ba
sed hardware security module (HSM) that enables you
to easily generate and use your own encryption keys on the AWS Cloud. It helps you meet corporate, contractual, and regulatory compliance requirements for data security by using Federal Information Processing Standard (FIPS) 140 ‐2 L
evel 3
validated HSMs.

Protecting Data at Rest
Multiple AWS Cloud services provide built
‐in in
tegration with AWS KMS to allow easy
encryption of your data. Amazon S3 allows you to encrypt content by selecting a KMS key on object upload. Amazon EBS allows you to choose a KMS key to encrypt a block storage volume or Amazon Machine Image (AMI) copy operation. Amazon RDS allows you to choose an encryption key for encrypting DB instance storage at rest (including backup snapshots).

You also have the option of implementing your own encryption ‐at‐re
st approach. For
example, you can encrypt content before storing in an AWS Cloud service. Amazon S3 provides you the facility to upload an already encrypted object. It also provides the ability for you to upload an object along with an encryption key that’s used in ‐
mem
ory to encrypt an object. To retrieve the object, you must supply the same key.

Protecting Data in Transit
When protecting your data in transit, selecting secure protocols that implement the latest in cryptography standards such as Transport Layer Security (TLS) is a commonB.13 The system shall provide data and transaction logic validation through the use of centralized or distributed business rules. Y
The system shall provide support for interprocess communication including, but not limited to, the following: ‐ ‐
B.14 The vendor shall demonstrate a strategy for keeping their product up‐to‐date with emerging hardware and software technologies. For example, certifying their application will with work with latest version of Microsoft Windows/Office and SQL database configurations.

Y
Tyler is a Microsoft Managed Gold Partner. As such, support for new versions of Microsoft products is typically offered only 6 to 9 months after Release to Manufacturing (RTM).

B.15 Cut and paste capability from data fields and screens to other applications. Y B.16 The system shall allow for workflow management and approvals. Y B.17 The system shall provide capabilities to scan, store, print and view documents online. Y Via Content Manager
B.18 The system shall be compliant with de facto open standards such as MAPI, SNMP, SFTP, etc. Y
Where applicable.

B.19 The system shall have industry‐standard open system architecture that supports equipment and applications running on Microsoft operating systems (e.g., Windows 10+ desktop, Windows Server 2012, 2016, 2019 and 2022). Y
B.20 The system shall be compliant and operational on vSphere virtual environment. Y B.21 The system shall offer the option of being run in either a hosted or a non‐hosted environment.

Y
B.22 The system must be ODBC compliant. Y
B.23 The system's public‐website access sites shall offer protection against spamming or mass emails attacks.

Y
Tyler’s dedicated Network Operations Center (NOC) provides 24x7 utilization and network activity monitoring of all cloud solutions. Tyler employs a variety of industry‐ standard solutions for monitoring and intrusion detection and prevention. Safeguards include Amazon Inspector automated vulnerability management, Amazon GuardDuty continuous threat detection, and AWS Shield distributed denial of service (DDoS) protection.

Since Tyler applications use clients email server, it would be up to the client to employ anti‐spamming solutions.

B.24 System shall support secure Internet access using SSL and 128‐bit encryption, at a minimum. Y
B.25 The vendor shall demonstrate a strategy for keeping their product up‐to‐date with emerging hardware and software technologies. For example, certifying their application will with work with latest version of Microsoft Windows/Office and SQL database configurations.

Y
B.26 Does the software run on additional clients such as iPads, Smart Phones, Web, VPN, etc.? Please list in comments.

Y
B.27 System is capable of remote problem investigation and administration by vendor. Y B.28 System shall have a printable report that lists all configurable settings and the current state of the system configuration.

Y
B.29 The system shall support industry standards such as XML, WebDAV, SOAP, BPEL and JSR 170. Y
Tyler solutions support many standards, but of those listed only XML is supported for select file exports. All other referenced standards are legacy technologies not typically found in modern cloud solutions.

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The system shall provide utilities including, but not limited to, the functions listed below: ‐ ‐
B.30 Source code and version control. Y Internal to Tyler only B.31
Disk and tape storage. Y
Cloud Solutions: Tyler employs a comprehensive backup and disaster recovery plan.

On‐p remises solutions: Most industry standard third ‐p arty backup solutions should be capable of backing up Tyler solutions.

B.32 Storage archival and retrieval. Y See above.

B.33 Job scheduling and execution. Y
B.34 Performance monitoring. Y Cloud deployments only. On‐premises clients can use a variety of industry standard third‐party tools for monitoring.

B.35 Debugging tools. Y
B.36 Transaction monitoring. Y
B.37
Programming tools. Y
Tyler applications are developed as commercial off‐the‐shelf (COTS) solutions and include various levels of configuration and customization. All configuration and customization tools are application‐b
ased allowing end‐u
sers and administrators alike
to tailor the system to their specific business needs. In addition, by using application‐ b
ased tools, all customizations are retained upon system upgrade eliminating timely re
‐t
ooling, conversions or re
‐p
rogramming typically required from other systems.

Tyler maintains and supports all software source modifications with a proven release life cycle.

B.38 Reporting tools. Y
C
C.2 The system shall allow all lists of values for drop down menus to be edited by the user. Y The system shall provide customer‐defined: ‐ ‐
C.3 Tables. Y
C.4 Fields. Y
C.5 Screens. Y
C.6 Reports. Y
C.7 Business rules. Y
C.8 The system shall provide the ability for forms and menus to be customized per user or security group. Y
C.9 The system shall be configurable and customizable without requiring custom changes to core program coding. Y
C.10 System shall allow all system‐defined and customer‐defined custom fields/data items to be available in program scripting, coding and reporting. Y D
D.1 The system shall utilize an Oracle or SQL database management system. Y SQL D.2 The system shall provide standard query language (SQL) capabilities for database queries. Y
D.3 The system shall utilize appropriate database rules and constraints to enforce and maintain referential integrity. Y
D.4 The system and/or database shall include utilities or an activity‐monitoring feature which will maintain statistics for database performance, disk I/O, index usage/non‐usage, etc.

Y
D.5 The system shall include application and system configuration tables accessible by all modules. Y
D.6 The system shall provide for simultaneous access to data by concurrent users. Y D.7 The system shall provide the ability to lock database records at a row/record level for concurrence control. Y
D.8 The system shall allow the import and export of data to external applications via industry‐standard formats. Y
D.9 The system shall provide data modeling, data definition and data dictionary components. Y D.10 The system shall provide a database that is integrated with all tools supplied for application development and adhoc database access. Y
D.11 The system shall support online modifications to database structures without user downtime.

N
Application configuration is maintained with built in toolsets, auxiliary programs, and parameter files for each module. This provides clients with the ability to highly customize Tyler’s solutions to their specific operations without the need for custom programming efforts that can cause difficulty applying new releases. All configuration changes are stored in the customer database and not affected by new releases.

Tyler does not allow or support any structural or schema changes to the database by clients.

Database Management System
Customization
The system shall provide the ability to customize an entry screen based on the security profile of each user.

Y HUB pagesC.1
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D.12 The system shall provide utilities for making changes to layered software and hardware without user downtime.

N
Tyler’s industry leading technologies and features are continually enhanced through perpetual upgrades as part of our Evergreen Philosophy. Clients are provided with the flexibility to choose what and when application updates are applied as defined by Tyler’s Release Life Cycle Policy.

Application release upgrades are installed by Tyler’s Systems Management support services at the request of the client. Most Tyler applications also include incremental update packages clients can install on their own. Update packages can be manually installed or scheduled for automated installation. Release upgrades and update packages are cumulative, allowing to upgrade directly to latest release regardless of the version upgraded from.

Applications are typically unavailable to end
‐us
ers during the upgrade process. This
duration varies on several factors including update type, number of updates, and application database size. Installation of application upgrades can take up to several hours; application updates typically range between serval minutes to an hour.

Tyler provides a dedicated Test environment for most application deployments. This environment is solely intended to install new updates for clients to familiarize themselves with new features and enhancements prior to installing to the Production environment.

E
E.1 The system shall provide the ability to operate in a multi‐platform environment.

Y
Tyler’s cloud infrastructure, platforms, and resources are multi‐tenant, shared by multiple clients, however each client is provided with their own dedicated datasets.

This complete data segregation adds an additional layer of security between environments.

E.2 The system shall use TCP/IP as the network protocol. Y E.3 The system shall operate on a platform which provides extensibility, scalability, reliability and connectivity. Y
E.4 The system shall provide the ability to copy and/or archive data to external storage media based on customer‐defined selection criteria. Y
E.5 The system shall provide the ability to maintain multiple operating environments for development, test, training and production. Y Test, Training and Live E.6 The system shall provide the ability for remote administration. Y F
F.1 The system shall provide the ability to authenticate user IDs and passwords. Y F.2 The system shall provide ability to set expiration dates for passwords. Y F.3 The system shall notify users and force them to change passwords on a pre‐defined frequency. Y
F.4 The system shall provide a single sign‐on to enter all modules for which the user is allowed access. Y
F.5 The system shall provide lock‐out capability after a series of unsuccessful sign‐on attempts by the user. Y
F.6 The system shall provide the ability to authenticate users via Active Directory services. Y The system shall provide the ability to control access by level, including, but not limited to: ‐ ‐
F.7 System. Y
F.8 Module. Y
F.9 Menu. Y
F.10 Program/Application type. Y
F.11 Subtype. Y
F.12 Screen. Y
F.13 Field. Y Where applicable
F.14 Transaction. Y
F.15 Function Type (create, inquiry, update, delete, etc.). Y F.16 Table. Y
F.17 Individual. Y
F.18 Group. Y
F.19 Department. Y
F.20 Division. Y
F.21 The system shall support security control by the system administrator. Y F.22 System shall allow for configurable role‐based (e.g., inspector, plan reviewer, front counter, power user, etc.) and individual user security settings to limit that type of operations that can be performed on the data and program files/tables (e.g., read, write, delete, modify).

Y
F.23 The system shall comply with all necessary security protocols and industry standards that apply. Y
Where applicable
F.24 System shall support password encryption used for client access. Y F.25 System shall provide users ability to change their own password. Y F.26 System shall provide the ability to encrypt selected data fields. Y F.27 System shall be PCI (Payment Card Industry) compliant for protection of cardholder data. Y
Via Cashiering and Payments
F.28 System shall provide detailed audit trails for all security management changes. Y F.29 System shall provide automatic logout of users when there has been no activity for a pre‐defined period. Y
F.30 System shall allow for the secure electronic transfers of data and files. Y F.31 System shall track all log‐in and attempted log‐in failures. Y Security
Network and Operating Systems
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F.32 System shall detect, log and prevent all unauthorized access attempts. Y F.33 System shall track user's last login date/time. Y
G
G.1 The system shall track system uptime and transaction response times in order to demonstrate operation within acceptable levels. Y Tyler Technologies warrants its service to its standard service level agreement (SLA).

The SLA defines service availability (% of uptime), and recovery point objective (RPO) G.2 The system shall perform consistent with average web page loading times. Y G.3 The system shall have an activity‐monitoring feature which will maintain statistics on performance, index usage/non‐usage, etc. Y Tyler’s dedicated Network Operations Center (NOC) provides 24x7 utilization and network activity monitoring of all cloud solutions. Tyler employs a variety of industry‐ G.4 The system shall perform acceptably with a minimum of 50 concurrent connections with the ability to increase to an enterprise level solution.

Y
Tyler provides fully scalable solutions to meet the requirements of all organizations, regardless of size, and can grow to meet increasing demands. Tyler’s applications perform well on modest networks with a handful of users—or on large, distributed networks with hundreds of users. Tyler applications have features to ensure large organizations run effectively. And smaller clients don’t outgrow Tyler solutions—they easily expand to meet clients changing needs.

Tyler applications are based on an n
‐ti
er architecture and can scale both vertically or
horizontally; eliminating limitations for user growth. Additional user count licensing and disk space allocation can be increased as required.

Based on client feedback and experience, internal testing, and providing SaaS to our clients; Tyler has learned to tailor our solution deployments and infrastructure specific to a client's size and needs.

H
H.1 The application shall be available 99.9% for user input within the City’s‐defined time period (working hours). N Reference Service Level Agreement in the included Sample Application Service Provider Agreement.

H.2 The system shall provide full recovery and restart following system failure or error with no loss of data or software components. Y
H.3 The system shall support dynamic load balancing and automatic fail‐over between multiple servers. Y
H.4 The system shall provide redundancy of critical system resources and mirroring of critical data. Y
H.5 System server and client software shall maintain its integrity in case of power failures and abrupt shutdowns. Y
H.6 System shall provide a disaster recovery procedures to be compatible with all the City’s offsite disaster recovery infrastructure. Y
H.7 System shall provide detail transaction logs of executed programs/functions to facilitate in the diagnosis of system errors or performance. Y
J
J.1 The system shall provide full recovery and backup capabilities for all online and batch transactions. Y
J.2 The system shall be available for user input during backup. Y J.3 The system should be able to backup and restore specified databases, tables, files, or applications. Y
Full server snapshots are performed regularly to meet business continuity requirements. Production datasets are automatically backed and retained based on application‐specific retention policies.

J.4 The system shall not limit the choice of backup media, including tape and CD‐ROM.

Y
Cloud Solutions: Tyler employs a comprehensive backup and disaster recovery plan.

On‐premises solutions: Most industry standard third‐pa rty backup solution should be capable of backing up Tyler solutions. This would be the responsibility of the client to deploy and manage.

J.5 The system shall provide the ability to restore transactions from the database transaction log. Y
J.6 The system shall be compatible with industry standard backup and recovery systems. Y K GIS Features and Interfaces
K.1 System utilizes existing address, parcel and property ownership data through an import process from ESRI ArcGIS Server (10.9) and has the ability to receive monthly owner information updates from San Carlos County Assessor.

Provides real‐time integration with the City’s Esri platform such that:
• GIS serves as the “single source of truth” for all ownership and spatial related information about a parcel, address, polygon, point, segment, etc. o This data must be viewable via GIS
• Data records (i.e., project applications, permits, inspections, etc.) created within the proposed system include a link to the underlying parcel, address, polygon, point, segment, etc.
• When viewing a parcel, address, polygon, point, segment, etc. within GIS, the user will be able to view a list of related data records (i.e., permits, inspections, etc.) and link directly from the selection of any one of those data records to the corresponding data record in the proposed system.

Y
Enterprise Permitting & Licensing is fully integrated with Esri GIS K.2 System needs to maintain historical parcel changes with the ability to link to more than one parent parcel.

Y
K.3 System provides the ability to create and report on numerous custom defined attributes for location records.

Y
K.4 Provides the ability to view all related application records for a parcel, address, polygon, point, etc. or within a selected buffer from a parcel.

Y
K.5 Provides the ability to add records from a selected parcel, address, polygon, point, etc. on a GIS map and link back to the system.

Y
Backup and Restore Capabilities
System Redundancy and Availability
Capacity and Performance
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K.6 Provides the ability to utilize the GIS buffering function to identify parcels within a specific distance of a project and generate a mailing list of associated property owners and residents. Including the ability to generate the “mail merge” of notification letters with addresses identified from the selected buffer.

Y
K.7 Provides the ability to identify all parcels within a radius of a parcel, point, address, polygon, etc. and return the resulting list to the proposed solution for further inquiry or reporting.

Y
K.8 Provides the ability to query and select one or more parcels, addresses, points on a GIS map and generate the related map that includes those data points/elements. Including ability to save the map view as a document that may be printed or emailed.

Y
K.9 Location data is kept in a single data store that is accessible by all program modules. Y Confidential

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Section 8: Additional Data

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 29 Section 8: Additional Data
Solution Overview
Enterprise Permitting & Licensing
Tyler’s Enterprise Permitting & Licensing is the public sector’s leading browser-based enterprise application that assists clients in managing a more efficient, streamlined, and citizen friendly enterprise operation.

The Enterprise Permitting & Licensing product suites are specifically designed to automate and centrally connect the critical processes of land use planning and project review, permitting, code enforcement, inspections, licensing and regulatory management, asset and work order management, infrastructure management, citizen requests and more.

Complete Management Solution
Complete solution and full lifecycle management for automating tasks associated with critical functions such as land use planning and project review, permitting, code enforcement, inspections, licensing and regulatory management, asset and work order management, citizen requests and more.

Highlights
Advanced Automated Workflow
Enterprise Permitting & Licensing encompasses all aspects of the application, review, issuance and enforcement lifecycle. Central to the management process is the concept of enterprise workflow and process regulation, both of which are achieved through native workflow design tools.

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Section 8: Additional Data

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 30 Industry leading GIS Integration
Tyler has partnered with Esri technology and actively maintains support for the latest versions of the ArcGIS platform. Our Esri-based GIS integration introduces a new dimension of visualization, analysis and business management capabilities to Agencies like yours. This enables a GIS-centric approach to business process management.

Personalized Interface with Tyler Hub
Tyler Hub connects diverse data sources, which enables you to monitor key processes, quickly execute routine tasks, and eliminate time-consuming data searches.

A Tyler Hub page can be assembled to focus on a specific process such as hiring or cost benefit tasks. A page can combine data analytics, reporting, and task functions, and users can add modify and add pages to their platform stack as their job functions evolve.

Real-time data analytics and active links give you an advantage. Instead of taking the time to open multiple programs to find data, Tyler Hub centralizes the data you need and makes it instantly accessible and allows you to access transactional details, locate a site on a map, approve or reject a transaction, plus a variety of other actions. By having everything visible and accessible, Tyler Hub gives you more time to analyze your data rather than searching for it.

Reporting
Our software provides multiple reporting options as well as graphical grid construction tools which enable system users to construct customized, on-demand views and filters of performance and process data which can be used to readily identify trends, associations, performances, and relationships.

Tasks and Notifications
We enable users to stay connected and informed whether in the office or in the field through a centralized task and notification engine. Automated reminders and notifications of pending tasks / actions are routed to appropriate personnel according to your workflow.

Central Contact Management
By enabling enterprise access to contact records, correspondence, fees, applications, documentation, and more , our contact management console catalogues and tracks citizens making a request and the individuals conducting business.

Central Cash Management
All payments and transactions are processed through a centralized cashiering console. Even the most daunting fee schedules are easily configured and promoted through an intuitive graphical user interface.

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Section 8: Additional Data

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 31 OData & REST APIs
Tyler’s open data service, Enterprise Permitting & Licensing OData, allows your government organization more connectivity, flexibility and transparent communication with constituents than ever before. Using OData, your IT staff can create specialized applications for the Web, mobile devices, the GIS environment and other external or community-based uses which display a personalized combination of open source data most pertinent to those you serve.

Additionally, Tyler’s packaged REST-based APIs provide the requisite tools for developing intelligent interfaces between the Tyler software solution and any number of 3rd party / existing line of business solutions currently in use by each agency.

Unlimited Scalability and Superior Configurability
Our solution features dynamic built-in tools native to each software suite/module that embraces extensibility and provide our clients with the ability to define, capture and manage site-specific processes, workflows, custom forms, business rules, etc. These tools are powerful, intuitive, and accessible to authorized users and foster growth as new Client mandates and procedures are adopted and implemented.

The Future of Tyler
Our product development teams understand that your business is more than approving plans, issuing permits, enforcing ordinances and maintaining public infrastructure. Tyler products are designed to help you meet your goals of guiding growth, promoting safety and livability, fostering economic vitality, and encouraging community collaboration. The future direction for Tyler’s software leverages the latest web technologies, spatial capabilities, and industry standards while remaining focused on your goals.

Input to our product roadmap comes from several sources. Current customers provide suggestions through a collaborative enhancement request forum within our Tyler Community. Another source of influence comes from prospective or new customers who identify new scenarios with specific pain points that can be solved by enhancing functionality within Tyler. Lastly, Tyler employees continually monitor industry and technology trends and proactively respond to the changing needs of the market resulting in the innovation, functionality, and flexibility you come to expect from Tyler software.

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Community Development Land Management, Code Compliance & Permitting Application Page 32 Decision Engine
While local ordinances and regulations are essential to protect the well-being of your community, they can make permitting and licensing a challenge for constituents. Decision Engine is a digital permit guide that seamlessly integrates with Tyler’s Enterprise Permitting & Licensing software to navigate applicants through the seemingly complex development entitlement, permitting, and licensing application and approval processes — shielding them from the complexity.

Through a simple interface, applicants can navigate through thousands of lines of ordinance in minutes to arrive at the appropriate permitting or licensing task, whether it’s applying, renewing, paying, requesting a meeting or inspection, or just providing more information.

By empowering your constituents to accurately apply for and complete permitting and licensing tasks without relying on your agency, your staff can spend less time answering questions and fixing incomplete or error-ridden applications.

Simple, Flexible Administration
Decision Engine is easily configurable, allowing for flexibility to represent the unique ordinance of your community. Administration is designed to mirror the public user experience with straightforward configuration and the ability to adjust based on feedback. Once you design your flow, configuring it into Decision Engine is simple, and so is reordering it if needed.

If you already have sites and portals to relay information to and conduct business with constituents, those can be integrated into your Decision Engine flow as well. Or, if you need help creating a site/portal with all the appropriate information, Decision Engine has a custom page builder within the solution that can guide applicants to any additional information they need for more complex processes.

Key Features
• Captures your community’s unique
ordinances and regulations
• Leverages existing sites and portals,
routing applicants to all needed info for
a work type
• Uses intuitive card selections that
dynamically branch to the appropriate
outcome
• Navigates users between application
types in community development,
licensing, tax, or code enforcement
requests
• Offers a custom page builder to help
you guide applicants through more
complex processes

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 33 Intuitive Navigation
Decision Engine uses intuitive cards that branch
appropriately so that the user can navigate through
the complexity of decisions and questions without
even knowing the depth of the detail they’re
answering. You can navigate them through the same
questions you ask when they come into your offices,
and based on their responses, the solution will
dynamically adjust to fit the appropriate outcome.

Seamless Integration
Seamlessly integrating with Enterprise Permitting & Licensing’s Civic Access portal, you can navigate users between different application types in community development, licensing, and tax, or to initiate a code enforcement request. You can also guide your customer to pay bills, request inspections, submit files, or initiate a pre-application meeting through the Civic Access integration. eReviews
Powerful Electronic Plan Review Automation
The eReviews extension adds a unique and powerful dimension to the Enterprise Permitting & Licensing platform. This technology allows your agency’s plan review and submittal process to be managed within a browser-based paperless environment and easily interfaces with the Permitting & Land Management, Licensing & Regulatory and Asset Management Suites. Users also enjoy collaborative interaction with constituents through seamless integration into the Public ePortal. More importantly, eReviews allows agencies to link the digital review process to GIS (via GIS based on Esri’s ArcGIS Server) to allow for geospatial viewing, interaction, and reporting. eReviews is your answer to a more effective review process.

System Features
• Paperless Plan Submission Process
• Powerful and Seamless Workflow Collaboration within the Regulatory Process • Digital Markups and Approval Stamps
• Analyze Files with Version Overlay Comparisons
• Integration with Bluebeam for plan mark-ups and corrections to digital plan review • Calibration, Scaling and Snap Functions for Measurements • Version Control/Comprehensive Audit Trail
• “Approved” Plans Published for Field Inspector Access • Plans Archived for Agency and Emergency Retrieval
• Departmental Permission and much more

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 34 Civic Access
The public’s view of local government is vitally important to community development. Citizen demands can push or sink local projects, as well as impact budgets and staff morale.

We understand that maintaining effective communication with your citizens and incorporating them into the community development process is vital to your organization.

Civic Access web portal gives your constituents and contractors dynamic access to information and enables them to perform a wide range of tasks at the click of a button.

Civic Access provides your citizens with 24/7 access to application-related services online. CSS is highly configurable, which enables each district to define the specific information and processes that will be made to your citizens on-line.

Empower Your Staff
Streamlined Processes
Minimize disruptions by regularly making information available online and enabling citizens and contractors to execute parts of the permitting process online.

Give your staff the ability to take back their day and concentrate on their core responsibilities while streamlining processes such as permit applications, fee payments, and inspection requests.

Take advantage of Civic Access:
• Point-and-click administration interface with extensive configuration tools makes scripting necessary • Global updates can be quickly and easily changed

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Community Development Land Management, Code Compliance & Permitting Application Page 35 • Submittals, requests, and payments are updated in real time • Prompts and required fields steer applicants to appropriate permit types, preventing incomplete submittals.

Empower Your Constituents
Online tools
Poor and outdated communication can lead to distrust and lack of faith in your organization. Encourage your constituents to use online tools that may be faster and easier than a phone call or visit.

Let your constituents take advantage of Civic Access:
• Powerful search capabilities utilize both Esri GIS and Enterprise Permitting & Licensing data. • Citizens can start and save permit or plan applications for submittal at a later date. • Online inspection requests allow contractors to request multiple inspections from numerous job sites on a single screen.
• The shopping cart allows contractors to add itemized invoices at various times and across multiple devices to pay at their convenience.

Enterprise Permitting & Licensing Toolkits & APIs
Enterprise Permitting & Licensing toolkits and APIs are simple tools that provide the opportunity for our clients to create applications and integrations that interact with the Enterprise Permitting & Licensing environment.

Community Development API
This API provides the ability for one to programmatically create, search, view, and update data related to the Community Development suite within the Enterprise Permitting & Licensing environment. For example, using a third-party solution one could use this API to create a new permit, search for an existing permit, view the details of an existing permit, update the existing data on a permit, and much more.

Community Development Suite
Technical Architecture JSON RESTful Service
Libraries Included Parcels, Addresses, Permits, Plans, Objects, Inspections,
Description Access and modify permits, plans, etc. using the JSON RESTful service layer, allowing you to create
functional and scalable integrations with external
agencies and systems.

Documentation Available Yes
Limitations Does not support report creation or printing. The modification of invoices created via the Enterprise
Permitting & Licensing application is not
supported.

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 36 Business Management API
This API provides the ability for one to programmatically create, search, view, and update data related to the Business Management suite within the Enterprise Permitting & Licensing environment. For example, using a third-party solution one could use this API to create a new business license, search for an existing business license, view the details of an existing business license, update the existing data on a business license, and much more.

Business Management Suite
Technical Architecture JSON RESTful Service
Libraries Included Parcels, Addresses, Businesses, Business Licenses, Professional Licenses, Inspections, Contacts,
Cashiering
Description Access and modify businesses, licenses, etc. using the JSON RESTful service layer, allowing you to
create functional and scalable integrations with
external agencies and systems.

Documentation Available Yes
Limitations Does not support report creation or printing. The modification of invoices created via the Enterprise
Permitting & Licensing application is not supported.

Request & Enforcement Management API
This API provides the ability for one to programmatically create, search, view, and update data related to the Request and Code Enforcement suite within the Enterprise Permitting & Licensing environment. For example, using a third-party solution, a public user may want to create a complaint about his/her neighbor and access details about that request as it moves through the business process, which could even potentially turn into the Enterprise Permitting & Licensing code enforcement case. Use this API to create a new a request, search for an existing request, view the details of an existing request, update the existing data on a request, and much more.

Request & Code Enforcement Suite
Technical Architecture JSON RESTful Service
Libraries Included Parcels, Addresses, Requests, Violations, Inspections, Contacts, Cashiering
Description Access and modify requests, violations, etc. using the JSON RESTful service layer, allowing you to
create functional and scalable integrations with
external agencies and systems.

Documentation Available Yes
Limitations Does not support report creation or printing. The modification of invoices created via the Enterprise
Permitting & Licensing application is not supported.

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 37 Central Cashiering & General Ledger API
This API provides a way to query invoices and mark them as paid via third-party cashiering systems. While the Credit Card API is more applicable for online transactions, the Central Cashiering API is more applicable for back-office transactions. For example, if a municipal staff member was accessing information in a tool outside of Enterprise Permitting & Licensing, this API would allow for that user to search and pay Enterprise Permitting & Licensing invoices. This API provides the ability to void payments and perform escrow account deposits and withdrawals. Additionally, this API provides the ability to access transactional data from Enterprise Permitting & Licensing for consumption by a financial system.

Central Cashiering & General Ledger
Technical Architecture JSON RESTful Service
Libraries Included Contacts, Cashiering
Description Use the JSON RESTful service layer to integrate with most cashiering applications. Cashiering is
supported out of the box. Additionally, use the
Cashiering library to pull end of day GL info into
financial systems.

Documentation Available Yes
Limitations Does not support report creation or printing. The modification of invoices created via the Enterprise
Permitting & Licensing application is not supported.

Content Management API
This API is utilized specifically when working with partners that can assist in creating plugins for third-party document management systems. For example, this API allows users to access documents and move documents that are utilized in Enterprise Permitting & Licensing to external document management systems.

Content Management
Technical Architecture .NET Plug-In
Corresponding Tyler Product Content Management
Libraries Included Documents
Description Implement a .NET plug-in to access and move documents to document management systems.

Content Manager is supported out of the box.

Documentation Available Yes
Limitations Hosting limitation – clients must be willing to publicly expose their on-premise document
management viewer across the internet so that
documents are viewable in the hosted environment.

Limitation is eliminated if both Enterprise Permitting
& Licensing and TCM are hosted by Tyler.

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Community Development Land Management, Code Compliance & Permitting Application Page 38 Credit Card Payment API
This API provides the ability for one to programmatically initiate secure online credit card transactions with third-party credit card processors and gateways that are not directly supported within the Enterprise Permitting & Licensing Civic Access web portal. For example, if a user applies for a permit and they need to pay a $100 fee, this API provides the ability for that invoice to be paid using the credit card API as an entry point to initiate the transaction via the communication and processing of a third-party solution. After a transaction has been successfully processed, the corresponding data elements of the affected invoice(s) in Enterprise Permitting & Licensing are updated accordingly, such as the payment date, payment amount, and payment status.

Credit Card Payment Suite
Technical Architecture JSON RESTful Service
Libraries Included Cashiering
Description Implement a .NET plug-in to make credit/debit payments using your merchant provider. Enterprise
Permitting & Licensing supports MyGovPay out of
the box.

Documentation Available Yes
Note Credit/debit card information is not stored in the Enterprise Permitting & Licensing database. Used
for online transactions only. Does not include e-
Checks.

Enterprise Permitting & Licensing IVR API
This API is used for scenarios where one is trying to perform a variety of inspection request actions in third- party IVR systems. For example, when constructing a new home, different types of inspections are commonly performed as a part of that business process. This API allows for inspection requests to be created, cancelled, and/or modified.

Enterprise Permitting & Licensing IVR Suite
Technical Architecture JSON RESTful Service
Libraries Included IVR
Description Create, cancel, and/or modify inspection requests using the JSON RESTful Service API, allowing you to
create functional and scalable integrations with
external IVR systems.

Documentation Available Yes
Note N/A

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 39 SDK Support & Maintenance
Tyler Technologies is pleased to offer support and maintenance in the form of bug fixes and upgrades. Please see our standard support agreement for hours of operation and other details. Additionally, software development level support and assistance are not included; however, this service is available for purchase at an hourly rate. The purchase of a toolkit does not imply any development-related services from Tyler Technologies. Clients should work with their IT staff and Valued Added Resellers (VARs) to develop any necessary applications and/or integrations.

SDK Support & Maintenance
Bug Fixes Included
Upgrades & Patches Included
Support Representative Issue tracking only
Technical Consulting Available for purchase

Tyler SaaS
With the Tyler Software as a Service (SaaS) solution, we will host and manage the Tyler applications from our facilities. All of your Tyler applications are hosted, maintained, supported and administered on a private cloud by Tyler personnel at our Yarmouth, Maine, or Dallas, Texas, facilities. We manage all regular administrative tasks — including installation, upgrades, support and file maintenance — and ensure all your databases, database servers, operating system, application files and image files are up to date and secure.

Users simply access comprehensive Tyler applications and data through a secure Web interface that transmits encrypted data between each client workstation and our dedicated servers. Local governments and schools of all sizes can easily employ this streamlined system, taking advantage of a proven product and doing more with less. No heavy up-front fees, no dedicated IT staff, no maintenance required. It’s safe, reliable, affordable and easy to use.

Features
The Tyler SaaS model is reliable, available and secure. There are no code changes to the client or server without proper notification. It offers complete redundancy with no single point of failure. In addition, it utilizes data encryption and Virtual Private Networks (VPN) to transmit all data • System Administration: Tyler performs daily administrative tasks. We address the installation, upgrade, support and file maintenance of the Tyler application and database servers, operating system, database and application files.
• Security Administration: Tyler provides secure data transmission paths from each client workstation to the Tyler servers. User Ids, passwords and application access rights for the VPN and the Tyler application are administered by Tyler with the client’s final approval. • Hardware Performance Maintenance: Tyler supplies and maintains all necessary hardware required to provide workstation access to the Tyler applications at standard industry performance levels. All repairs, upgrades, and replacements to server hardware are the responsibility of Tyler. • Disaster Recovery & Fault Tolerance: Tyler backs up all system & data files and stores them in a secure off-site location. We have fully redundant telecommunications access, electrical power, and required hardware to provide access to the Tyler applications in the event of a disaster or component failure.

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 40 Benefits
• Easy Budgeting: The subscription is a set fee, flattening the peaks and valleys associated with the acquisition of software and services. Subscribing dramatically lowers initial costs. It provides a consistent quarterly fee that can be easily budgeted for the duration of the agreement. • No Secondary Operational Fees: No additional fees, such as maintenance and support are required • Expandable: Additional Tyler applications are easily added, as needed Tyler Technical Support
Our mission is to deliver superior service by providing a timely response, issue resolution and operational support, resulting in a high-level of client satisfaction. Unlike some companies who outsource their application support to a third party, Tyler offers a complete solution of customer support services provided by our in-house experts.

Transparency is important, that’s why every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident and each incident is assigned a priority number, which corresponds to your needs and deadlines. Clients can track the progress of these incidents online using Tyler’s support portal.

Tyler provides online and continuing education resources for our clients, including but not limited to the following resources.

• Tyler Search – an online query tool that provides answers for your questions by culling through all Tyler’s online resources using Knowledge Centered Service • Tyler Knowledgebase- a documentation library in a single, easily accessible location • Tyler Community – Tyler’s online forum available 24/7 • Tyler University- Tyler’s e-learning solution to enhance support and training of your employees using your data

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Community Development Land Management, Code Compliance & Permitting Application Page 41 • Tyler Release Management Console- Shows all release version information, with a summary of each release and associated enhancements, open, closed and non-critical issues • Online Help- context sensitive field help and procedural information to assist your team in completing program tasks
• Answer Panel- As you begin entering your case details, Tyler Search presents results in the panel that matches your question. Answers provided are the most relevant to your question, regardless of the source of the information.
• MyView- MyView is a screen capture tool to give Support more information to assist clients with a case. The recording is linked to the case and visible in the Online Support Incidents portal. • Online Support Portal- log or manage incidents and attach documentation and screenshots • GoToAssist & Bomgar- remote assistance from Support used to connect to your desktop • Phone- Tyler provides a dedicated 800 number that places no limits on who from your team may contact Support, or the number of calls placed
• State User Groups – forums organized by Tyler staff and attended by existing clients to get the latest information on Tyler products
• Annual Conference – Tyler Connect features online courses taught by Tyler subject matter experts hosted in a different city each year
Focused by Application
Regardless of how your team contact us, we are here to help. Tyler Technical Support is divided into application specific teams to enable product specialization and provide timely resolution of support incidents.

This application specific approach allows our Technical Support Representatives to focus on a small group of applications offering a high level of product expertise to our clients. Customer support’s goal is to return all requests for Support within one business hour.

Tyler support is available during the local business hours Monday-Friday 8 AM to 5 PM (8 AM – 8PM EST) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler’s holiday schedule is outlined below. There will be no support coverage on these days. • New Year’s Day
• Memorial Day
• Martin Luther King Day
• Independence Day
• Labor Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Day

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 42 Incident Tracking
Tyler records all your contacts and incidents in a customer relationship management system. This system tracks the history of each incident, including the contact, time, priority level, case description, correspondence, attached files, support recommendations, your feedback, and the resolution. The priority is assigned to each case as it is logged based upon the initial information provided and can be modified.

Software Updates & Maintenance
Tyler deploys industry leading technology and features that are continually enhanced through a process of perpetual upgrades as part of our Evergreen Philosophy. This includes a continuous stream of significant, yet manageable updates deployed over the life of the application with minimal disruption to our clients.

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 43 Exceptions
Tyler Statement Regarding Exceptions to the City of San Carlos’s RFP for Community Development Land Management, Code Compliance & Permitting Application
Tyler’s Proposal is based on the delivery of the requested software and services according to Tyler’s standard implementation methodology and Tyler’s standard contract(s). That methodology, and that contract(s), have been refined and enhanced over Tyler’s many years of operation in the public sector information technology market. Tyler’s submission of its Proposal does not constitute a waiver of Tyler’s right to negotiate any and all terms to the mutual satisfaction of the parties.

Tyler has provided a copy of our standard Terms and Conditions within this response. Tyler has also provided its Evidence of Insurance certificate and its source code escrow agreement with Iron Mountain (to the extent you desire to escrow the Tyler source code under a perpetual license agreement). Tyler’s insurance program and source code escrow arrangements are established at a corporate level and are not subject to change on an individual customer basis.

Tyler will consider its implementation methodology and its contract(s) to be the starting point for those negotiations unless expressly stated otherwise in its Proposal. Tyler’s standard contract(s) are included for your reference. To the extent you request to incorporate your bid documents and our proposal documents into the contract package, we will agree to do so as long as the order of priority is (a) the final, negotiated contract; (b) our proposal documentation; and (c) your bid documentation.

Tyler retains all intellectual property and confidentiality rights in and to our proprietary and/or confidential information and deliverables.

Please see the following pages for exceptions to the City of San Carlos’s terms outlined within this RFP.

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 44 City of San Carlos, California (“Client”)
Tyler’s Statement of Exceptions to the Procurement Documents

• Laws & Regulations: Tyler, in the performance of services, will comply with all applicable state and federal laws, ordinances, orders, decrees, and regulations. Tyler reserves the right to review and discuss with the Client specific laws and regulations that the Client wishes to incorporate into the final contract.

The quoted fees are based, in part, on the cost of compliance with applicable laws existing as of execution of the contract. Should laws applicable to Tyler’s performance under the contract change post-signature, Tyler reserves the right to seek a change order for the additional work, time, and/or cost that may be required to comply with the new law, ordinance, or regulation. • Disclosure: Client may share Tyler’s proposal with consultants assisting the client with the RFP process provided that any such consultants are obligated to maintain the confidentiality of such in information in accordance with applicable law. We reserve the right to protest the public disclosure of our confidential business information/trade secrets but will comply with applicable public records laws. • Contract: Tyler will consider its implementation methodology and its contract to be the starting point for those negotiations unless expressly stated otherwise in its Proposal. Tyler’s standard contract is included for your reference. If you ask to incorporate your procurement documents and our Proposal documents into the contract package, we will agree to do so as long as the order of priority is: (a) the final, negotiated contract; (b) our Proposal documentation; and (c) your procurement documentation.

Tyler’s submission of its Proposal does not waive Tyler’s right to negotiate any and all terms to the mutual satisfaction of the parties. Tyler will be obligated to provide products and services only upon execution, and under the terms and conditions, of the mutually negotiated contract between Tyler and the Client. Tyler’s standard practice is not to include a termination for convenience provision in its contracts, given the significant investments made by both parties to the procurement and implementation. Tyler relies instead on its termination provisions for cause, non-appropriation, and/or force majeure.
• Conditions of Payment; Acceptance Testing: Tyler’s standard payment terms are set forth in the Invoicing and Payment Policy (Exhibit B) to the standard Tyler contract. Payment is due within forty-five (45) days of invoicing. Software and documentation are delivered electronically. Tyler is willing to negotiate a mutually agreeable acceptance process based on warranted functionality. Any such acceptance process shall include reasonable opportunity for Tyler to correct errors prior to client termination of agreement.
• Termination: The Client may terminate the contract for cause in the event Tyler fails to cure a material breach according to the terms of the dispute resolution process set forth in Tyler’s standard contract. In the event of any termination, the Client will make payment to Tyler for all undisputed products, services and expenses delivered or incurred through the effective date of termination. Payment for disputed products, services and expenses, and the Client’s remedies, will be determined through the mutually agreed dispute resolution process.
• Personnel: Tyler does not allow client the right to approve project personnel, as Tyler assigns personnel based on experience and availability.
• Ownership: We do not agree to work-for-hire provisions. Tyler retains all intellectual property and confidentiality rights in and to our proprietary and/or confidential information and deliverables. • Schedule: Tyler will begin and perform services in accordance with the mutually agreed upon implementation plan schedule.

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 45 • Indemnity: Tyler shall defend, indemnify, and hold harmless the Client from and against any and all direct claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and costs) from third parties for personal injury or property damage arising from Tyler’s negligence or willful misconduct; or Tyler’s violation of a law applicable to Tyler’s performance under the contract. The Client must notify Tyler promptly in writing of the claim and give Tyler sole control over its defense or settlement. The Client agrees to provide Tyler with reasonable assistance, cooperation, and information in defending the claim at Tyler’s expense. Tyler will defend, indemnify, and hold harmless the Client from third-party claims that the Tyler software and/or documentation infringes an intellectual property right in accordance with Tyler’s standard contract.
• Insurance: Tyler has provided its evidence of insurance certificate. Tyler’s insurance program is established at a corporate level and is not subject to change for individual customers. While performing services under an agreement with the Client, we will agree to maintain the following levels of insurance:
(a) Commercial General Liability (CGL) of $1,000,000 per occurrence and in the aggregate; (b) Automobile Liability of $1,000,000 combined single limit; (c) Professional Liability of $1,000,000; (d) Workers’ Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of $5,000,000 per occurrence and in the aggregate. We agree to secure our insurance from a carrier with a minimum AM Best rating of A-:VII. Tyler’s insurance coverage is evidenced using a standard Acord form. The coverage limits set forth on our certificate of insurance do not apply separately. Copies of Tyler’s insurance policies are made available only in the event a claim is disputed or denied. Tyler will disclose its deductibles upon written request, but those deductibles are not subject to customer approval. Tyler is well-positioned financially to satisfy its deductibles. At your request during contract negotiations, we will add language to the insurance provision that adds you as an additional insured to our commercial general liability and auto liability policy for claims caused, in whole or in part, by Tyler as respects the contract, which automatically affords you the same status under our excess/umbrella liability policy. A certificate of insurance reflecting that status may be provided at your request after the contract is executed. Our carrier has issued blanket endorsements regarding additional insured status; we do not issue separate endorsements specific to each customer. We agree that our insurance is primary for claims under our CGL or auto policies that are caused, in whole or in part, by Tyler as respects the contract. If required, Tyler will agree to waive subrogation, but only on claims under our CGL or auto policies that arise out of or relate to the contract and are between us and you, except to the extent the damage or injury is caused by you. If you require it in the contract, we will agree to provide you with notice of cancellation or non-renewal, or reduction in our insurance coverages below the minimum requirements set forth in the contract within thirty (30) days thereof unless replaced. Renewal certificates of insurance will be provided as close as practicable to the date the applicable policy or policies is/are renewed. Tyler agrees to provide coverage for claims made policies for at least three (3) years following completion of work. Any changes to insurance requirements following execution of an agreement must be mutually agreed. • Assignment: Neither party may assign the contract without the prior written consent of the other party, except that Tyler may, without the prior written consent of the Client, assign the contract in its entirety to the surviving entity of any merger or consolidation or to any purchaser of substantially all of Tyler’s assets.
• Attorney’s Fees: Tyler prefers that a court of competent jurisdiction determine liability for attorney’s fees.

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 46 • Pricing: Unless expressly indicated otherwise, our Proposal contains estimates of the amount of services and associated expenses needed, based on our understanding of the size and scope of your project. The actual amount of services and expenses depends on such factors as your level of involvement in the project and the speed of knowledge transfer. If required, we will provide a not-to-exceed quote once the scope of services has been finalized. Unless noted otherwise, our services rates do not include travel expenses, which are separately estimated and are payable in accordance with our then-current Business Travel Policy. Unless expressly indicated otherwise, the fees we have quoted do not include any taxes. • Compliance with RFP: Tyler’s Proposal complies with and is subject to the RFP’s terms, except as modified by, taken exception to, and as otherwise provided in Tyler’s Proposal.

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 47 Clarifications and Understandings
Please see the Tyler Technologies standard Terms and Conditions contract in this section of this RFP Response. Tyler Technologies is willing to negotiate contract terms to suit both parties upon award of contract.

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 48

SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.

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

SECTION A – DEFINITIONS
• “Agreement” means this Software as a Service Agreement. • “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
• “Client” means INSERT CLIENT NAME.
• “Data” means your data necessary to utilize the Tyler Software. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
• “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary.
• “Developer” means a third party who owns the intellectual property rights to Third Party Software. • “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
• “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
• “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
• “Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.

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Community Development Land Management, Code Compliance & Permitting Application Page 49 • “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C. • “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E.
• “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
• “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
• “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
• “Third Party Services” means the third party services, if any, identified in the Investment Summary. • “Third Party Software” means the third party software, if any, identified in the Investment Summary.
• “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
• “we”, “us”, “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.

SECTION B – SAAS SERVICES

1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9). 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. Sa
aS Fees . You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of

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Community Development Land Management, Code Compliance & Permitting Application Page 50 Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s).

3. Ownership.

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

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

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

4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.

5. S oftware 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. Sa
aS Services .

6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center.

6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.

6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.

6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to

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Community Development Land Management, Code Compliance & Permitting Application Page 51 monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.

6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.

Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request.

6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data.

6.7 We provide secure Data transmission paths between each of your workstations and our servers.

6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.

6.9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating 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.

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. P rofessional Services Fees . You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.

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

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4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments.

Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel.

We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments.

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

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

7. B
ackground Checks . For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.

8. C lient Assistance. You acknowledge that the implementation of the Tyler Software is a c ooperative 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. M
aintenance 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

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Community Development Land Management, Code Compliance & Permitting Application Page 53 control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes.

For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our then-current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.

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. T hird 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. Thi rd 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. I nvoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice.

We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.

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Community Development Land Management, Code Compliance & Permitting Application Page 54 SECTION F – TERM AND TERMINATION

1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services in Exhibit A, commencing on the first day of the first month following the Effective Date, unless earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one (1) year.

Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.

2. Ter mination . 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 Fa ilur e to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.

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

SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE

1. Intellectual Property Infringement Indemnification.

1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent).

You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

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

1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately.

Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.

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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, 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. L IMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR

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

CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR

ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE

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

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

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

5. E
XCLUSION 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. In surance . During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at

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Community Development Land Management, Code Compliance & Permitting Application Page 56 least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.

SECTION H – GENERAL TERMS AND CONDITIONS

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

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

4. Ta
xes . 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. No ndiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.

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

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

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

8. B inding 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

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

12. Se
verability. 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. N o 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. In dependent Contractor . We are an independent contractor for all purposes under this Agreement.

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

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

17. C onfidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained

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Community Development Land Management, Code Compliance & Permitting Application Page 58 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. B
usiness License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.

20. G overning Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.

21. M ultiple Originals and Authorized Signatures. This Agreement may be executed in mult iple 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. C ooperative Procurement . To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.

23. D
ata & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.

24. C ontract Documents . This Agreement includes the following exhibits:

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Community Development Land Management, Code Compliance & Permitting Application Page 59 Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: Hyperlinked Terms
Schedule 2: DocOrigin Terms
Exhibit E Statement of Work

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Community Development Land Management, Code Compliance & Permitting Application Page 60 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. INSERT CLIENT NAME

By: By:

Name: Name:

Title: Title:

Date: Date:

Address for Notices: Address for Notices:

Tyler Technologies, Inc. INSERT CLIENT NAME
One Tyler Drive CLIENT ADDRESS
Yarmouth, ME 04096 ADDRESS
Attention: Chief Legal Officer Attention: ______________________________

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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.

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Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement.

Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

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

1. Sa aS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates.

2. O ther Tyler Software and Services .

2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN.

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

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

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

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

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

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

2.8 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due annually, in advance, commencing on the availability of the service. Your annual fees for the

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Community Development Land Management, Code Compliance & Permitting Application Page 63 initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.

3. Thi rd Party Products .

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

3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you for downloading.

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

3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary. For the avoidance of doubt, Finite Matters will invoice Client directly for any services fees for Pattern Stream.

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

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

5. E xpenses . The service rates in the Investment Summary do not include travel expenses. Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests.

Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.

6. Credit for Prepaid Maintenance and Support Fees for Tyler Software. Client will receive a credit for the maintenance and support fees prepaid for the Tyler Software for the time period commencing on the first day of the SaaS Term.1
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].

1 USE FOR FLIP CONTRACTS WHERE THE SAAS TERM BEGINS BEFORE THE END OF THE ANNUAL MAINTENANCE TERM.

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Exhibit B
Schedule 1
Business Travel Policy

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

Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.

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

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

2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated 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

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Community Development Land Management, Code Compliance & Permitting Application Page 65 should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.

C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.

D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.

3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.

Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.

Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.

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

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Community Development Land Management, Code Compliance & Permitting Application Page 66 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%
Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.

5. Internet Access – Hotels and Airports
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.

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

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

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

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

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

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

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

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

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

III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred o r 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.

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Community Development Land Management, Code Compliance & Permitting Application Page 68 c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS fees paid for the calendar quarter.

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

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

Client Relief Schedule
Actual Attainment Client Relief

99.99% - 99.50% Remedial action will be taken

99.49% - 98.50% 2%

98.49% - 97.50% 4%

97.49% - 96.50% 6%

96.49% - 95.50% 8%
Below 95.50% 10%

* Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.

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

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

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Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website. A built-in Answer Panel provides users with resolutions to most “how-to” and configuration-based questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support group. (3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support. * Channel availability may be limited for certain applications.

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

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

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

For support teams that provide after-hours service, we will provide you with procedures for contacting support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of such a

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Community Development Land Management, Code Compliance & Permitting Application Page 70 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.
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.

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Community Development Land Management, Code Compliance & Permitting Application Page 71 Priority
Level Characteristics of Support Incident Resolution Targets* 3 Medium
Priority Level 1 incident with an existing
circumvention procedure, or a Priority
Level 2 incident that affects only one user
or for which there is an existing
circumvention procedure.

Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the incident. Once the incident has been confirmed, Tyler shall use commercially reasonable efforts to resolve such support incidents without the need for a circumvention procedure with the next published maintenance update or service pack, which shall occur at least quarterly. For non-hosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the Client in restoring its last available database. 4 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.

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Exhibit D
Third Party Terms

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Exhibit D
Schedule 1
Hyperlinked Terms
Fire Prevention Mobile Terms. Your use of Tyler’s Fire Prevention Mobile solutions is subject to the terms found here: https://www.tylertech.com/terms/mobileeyes-third-party-terms. By signing a Tyler Agreement or Order Form, or accessing, installing, or using the Fire Prevention Mobile solution, you agree that you have read, understood, and agree to such terms.

Pattern Stream Terms. Your use of Pattern Stream software and services is subject to the terms found here:
https://www.tylertech.com/terms/finite-matters-ltd-consolidated-terms. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Pattern Stream software or services, you agree that you have read, understood, and agree to such terms.

Quatred Terms. Yo ur use of Quatred solutions is subject to the End User License Agreement terms found here: https://www.quatred.com/eula. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Quatred solutions provided to you by Tyler, you agree that you have read, understood, and agree to such terms.

ThinPrint Terms. Yo ur 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.

Twilio Acceptable Use Policy. Yo
ur 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

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Section 8: Additional Data

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 74 • Enterprise Supervision
• Virtual Court

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Section 8: Additional Data

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 75

Exhibit D
Schedule 2
DocOrigin Terms

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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Section 8: Additional Data

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 76

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 77

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Section 8: Additional Data

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 78

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 79

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City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 80

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Section 8: Additional Data

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 81

Exhibit E
Statement of Work
Statement of Work to be inserted prior to Agreement execution.

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Section 8: Additional Data

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 82

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Section 8: Additional Data

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 83

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Section 9: Contract Performance

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 84 Section 9: Contract Performance
On average, Tyler adds 11 new clients each week, and we have a 98% client retention rate. In the past five years, ten Enterprise Permitting & Licensing customers have opted to terminate their relationship with Tyler for reasons other than non-appropriation or non-renewal. That decision was mutually agreed to by Tyler without either party admitting liability. Those customers, and the year in which the termination took effect, are:

Clients marked with an ** remained Tyler Clients on other software products at the time of termination. 2023
o Montgomery County, MD**
o City of Lucas, TX
o St. John’s County, FL **
2022
o Millcreek, UT**
o City of Yonkers, NY**
2021
o Yolo County, CA**
2020
o West Lake Hills, TX
2019
o Milwaukie, OR**
o Birmingham, AL**
2018
o Sandy, OR**

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Section 10: Vendor's Recommended Architecture and Hardware Requirements

City of San Carlos Tyler Technologies, Inc.

Community Development Land Management, Code Compliance & Permitting Application Page 85 Section 10: Vendor's Recommended Architecture and
Hardware Requirements
Hardware and Network Requirements
System Requirements
Tyler’s software is designed to operate on networks and operating systems that meet certain requirements.

Systems that do not meet the required specifications may not provide reliable or adequate performance, and Tyler cannot guarantee acceptable results.

Site Assessment
Site assessments are an automated process. Each site is required to complete the automated process and submit results to their assigned project manager before any work can be completed on the project. While the automated process may be run prior to contract signature, the results submitted to Tyler must be dated after the Effective Date of the contract.

To complete your site assessment log in to http://check.tylertech.com Enter your email address and the password “Tyler”.

Select the product purchased to begin your system assessment. You will also be able to download PDF copies of hardware requirements from within the process. We strongly recommend that you download and keep a copy of the full hardware requirements as this document also covers recommended data backup procedures.

The link above is a generic login and password. During implementation, your project manager will provide you with a unique site and password to test your site and log results.

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2023-410824-F6C2Y7 Page 1

Quoted By: Karen Grosset
Quote Expiration: 12/10/23
Quote Name: City of San Carlos - ERP - EPL
Quote Description: EPL
Saas Term 3.00
Sales Quotation For:

City of San Carlos
600 Elm St
San Carlos CA 94070-3085
Phone: +1 (650) 802-4100
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Civic Services
Civic Access - Community Development 1 24 $ 6,477.00
Community Development API Toolkit 1 64 $ 7,160.00
Community Development Suite 50 248 $ 52,800.00
Decision Engine 1 8 $ 7,000.00
e-Reviews 1 80 $ 9,724.00
Enterprise Permitting & Licensing Core Foundation Bundle 1 16 $ 2,012.00 Enterprise Permitting & Licensing Mobile 15 16 $ 5,280.00 Enterprise Permitting & Licensing View Only License 15 0 $ 5,280.00 Report Toolkit 1 0 $ 2,007.00
Data Insights
Enterprise Permitting & Licensing Advanced Automation Bundle 1 8 $ 1,460.00 Additional
GIS 50 8 $ 14,800.00
Sub-Total: $ 114,000.00

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Less Discount: $ 11,434.00
TOTAL 472 $ 102,566.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Project Management 60 $ 175.00 $ 0.00 $ 10,500.00 $ 0.00 Conversions – See Detailed Breakdown Below $ 10,575.00 $ 0.00 Onsite Implementation 128 $ 200.00 $ 0.00 $ 25,600.00 $ 0.00 Remote Implementation 344 $ 175.00 $ 0.00 $ 60,200.00 $ 0.00 TOTAL $ 106,875.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 102,566.00
Total Tyler Services $ 106,875.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 106,875.00 $ 102,566.00
Contract Total $ 414,573.00
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.#:

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All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Conversions
Community Development 1 $ 10,575.00 $ 0.00 $ 10,575.00
TOTAL $ 10,575.00
Tyler Annual Discount Detail (Excludes Optional Products) Description Annual Fee
Annual Fee
Discount Annual Fee Net
Civic Services
Civic Access - Community Development $ 6,477.00 $ 648.00 $ 5,829.00 Community Development API Toolkit $ 7,160.00 $ 716.00 $ 6,444.00 Community Development Suite $ 52,800.00 $ 5,300.00 $ 47,500.00 Decision Engine $ 7,000.00 $ 700.00 $ 6,300.00
e-Reviews $ 9,724.00 $ 972.00 $ 8,752.00
Enterprise Permitting & Licensing Core Foundation Bundle $ 2,012.00 $ 201.00 $ 1,811.00 Enterprise Permitting & Licensing Mobile $ 5,280.00 $ 525.00 $ 4,755.00 Enterprise Permitting & Licensing View Only License $ 5,280.00 $ 525.00 $ 4,755.00 Report Toolkit $ 2,007.00 $ 201.00 $ 1,806.00
Data Insights
Enterprise Permitting & Licensing Advanced Automation
Bundle $ 1,460.00 $ 146.00 $ 1,314.00
Additional
GIS $ 14,800.00 $ 1,500.00 $ 13,300.00

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TOTAL $ 114,000.00 $ 11,434.00 $ 102,566.00
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
•License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
•Fees for hardware are invoiced upon delivery;
•Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; •Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
•Fees for services included in this sales quotation shall be invoiced as indicated below. •Implementation and other professional services fees shall be invoiced as delivered. •Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. •Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion module. •Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
•If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. •Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
•Expenses associated with onsite services are invoiced as incurred.

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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.

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.

Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.

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2023-423797-Y1C0T7 Page 1

Quoted By: Karen Grosset
Quote Expiration: 02/20/24
Quote Name: City of San Carlos - ERP - SaaS
Hosting
Quote Description: SaaS Hosting
Saas Term 1.00
Sales Quotation For:

City of San Carlos
600 Elm St
San Carlos CA 94070-3085
Phone: +1 (650) 802-4100
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting/GL/BG/AP 1 0 $ 28,798.00
Contract Management 1 0 $ 1,657.00
Project & Grant Accounting 1 0 $ 5,597.00
Purchase Orders 1 0 $ 6,926.00
Requisitions 1 0 $ 5,177.00
Revenue Management
Accounts Receivable 1 0 $ 6,074.00
Cashiering 1 0 $ 5,525.00
Citizen Self Service 1 0 $ 0.00
General Billing 1 0 $ 2,611.00
Resident Access 1 0 $ 3,315.00
Data Insights
Role Tailored Dashboard 1 0 $ 2,729.00
Additional

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Enterprise ERP Office 1 0 $ 4,652.00
Enterprise Forms Processing (including Common Form Set) 1 0 $ 7,103.00 Subscription Fees
Concurrent Users 15 0 $ 15,000.00
TOTAL 0 $ 95,164.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Project Planning Services 1 $ 5,000.00 $ 0.00 $ 5,000.00 $ 0.00 TOTAL $ 5,000.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 95,164.00
Total Tyler Services $ 5,000.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 5,000.00 $ 95,164.00
Contract Total $ 100,164.00
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.#:

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All Primary values quoted in US Dollars
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
•License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
•Fees for hardware are invoiced upon delivery;
•Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; •Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
•Fees for services included in this sales quotation shall be invoiced as indicated below. •Implementation and other professional services fees shall be invoiced as delivered. •Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. •Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion module. •Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

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schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
•Expenses associated with onsite services are invoiced as incurred.

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.

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.

Financial library includes: 1 A/P check, 1 EFT/ACH, 1 Purchase order, 1099M, 1099INT, 1099S, and 1099G.

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

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Project Management includes project planning, kickoff meeting, status calls, task monitoring, verification and transition to support.

Tyler's form library prices are based on the actual form quantities listed, and assume the forms will be provided according to the standard Enterprise ERP form template. Any forms in addition to the quoted amounts and types, including custom forms or forms that otherwise require custom programming, are subject to an additional fee. Please also note that use of the Tyler Forms functionality requires the use of approved printers as well. You may contact Tyler's support team for the most current list of approved printers. Any forms included in this quote are based on the standard form templates provided. Custom forms, additional forms and any custom programming are subject to additional fees not included in this quote. The additional fees would be quoted at the time of request, generally during the implementation of the forms. Please note that the form solution provided requires the use of approved printers. You may contact Tyler's support team for the most current list of approved printers.

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 25, 2023
ITEM TITLE: Adopt Ordinance 1600 Amending and Replacing San Carlos Municipal Code Chapter 8.07 - Tobacco Retailer Permits, to Consolidate and Clarify Existing Definitions and Enact Additional Requirements for Tobacco Retailer Permits to Align with the County of San Mateo Model Ordinance.

RECOMMENDATION:

Staff recommends that the City Council adopt an Ordinance amending the San Carlos Municipal Code Chapter 8.07 "Tobacco Retailer Permit" to consolidate and clarify existing definitions and enact additional requirements for tobacco retailer permits to align with the County of San Mateo Model Ordinance.

FISCAL IMPLICATIONS:

No impact is anticipated as a result of the revised ordinance.

BACKGROUND:

San Carlos Municipal Code Chapter 8.07 provides that sellers of any tobacco product must obtain and maintain a valid tobacco retailer permit. Under existing Chapter 8.07, the City of San Carlos has authorized the San Mateo County Environmental Health Division to administer and enforce the requirements of the City’s Tobacco Retailer Permit Ordinance.

The San Mateo County Board of Supervisors adopted an Ordinance (Chapter 4.98 of the County Ordinance Code) to amend the San Mateo County Code related to Tobacco Retailer Permits. The County Environmental Health Division has indicated it will continue to administer a tobacco retailer permit program for those cities which adopt the County’s comprehensive Ordinance in its entirety, without alteration. The City should continue to authorize the County to administer a tobacco retailer permit program in the City of San Carlos. The proposed amendments to Chapter 8.07 will add definitions to incorporate best practices across the state, strengthen ordinance language to reduce youth access to tobacco products, and make the San Carlos Municipal Code consistent with the San Mateo County Code of Ordinances, thereby promoting more efficient administration and enforcement. Staff recommends introduction of the Ordinance to provide consistency and maintain the City's interest in providing stringent regulation for the sale of tobacco products.

Environmental Determination.

In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15378(b)(5), adoption of this Ordinance is categorically exempt from CEQA as an administrative activity that will not result in a potentially significant physical impact on the environment.

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Notice Provided.

All meeting noticing requirements were met.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt Ordinance 1600 amending the San Carlos Municipal Code Chapter 8.07 "Tobacco Retailer Permit" to consolidate and clarify existing definitions and enact additional requirements for tobacco retailer permits to align with the County of San Mateo Model Ordinance; or

2. Do not adopt the proposed Ordinance; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Gregory Rubens, City Attorney
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Proposed Ordinance
Exhibit A to Ordinance – Tobacco Ordinance Model

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ORDINANCE NO. 1600

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING AND REPLACING SAN CARLOS MUNICIPAL CODE CHAPTER 8.07 -

TOBACCO RETAILER PERMIT, TO CONSOLIDATE AND CLARIFY EXISTING DEFINITIONS

AND ENACT ADDITIONAL REQUIREMENTS FOR TOBACCO RETAILER PERMITS TO ALIGN WITH THE COUNTY OF SAN MATEO MODEL ORDINANCE.
___________________________________________________________________________________________________________________________________________

WHEREAS, the County of San Mateo Division of Environmental Health operates a countywide program of enforcement of tobacco retailers; and

WHEREAS, the County pays for the cost of operating the program with permit fees and fines collected, with a goal of obtaining compliance and for the protection of the health and safety of its residents; and

WHEREAS, the City Council agrees that regulation of tobacco retail permits and sales and enforcement of these regulations saves limited code enforcement resources of the City and benefits public health and safety for San Carlos residents and visitors; and

WHEREAS, Chapter 8.07 of the Municipal Code regulates Tobacco retailers in the City and authorizes County enforcement. Adopting the model Code to provide for alignment with the County model ordinance is in the interest of the City of San Carlos; and

WHEREAS, the County is requesting cities desiring to participate and authorize enforcement of the program to adopt a model ordinance with identical provisions in order to provide efficient and uniform enforcement for the tobacco permit and regulatory program.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF SAN CARLOS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The City Council finds that the replacement and amendment of Chapter 8.07 of Title 8 will provide for continued health and safety of the residents of San Carlos, and will contribute to uniform countywide enforcement of these regulations stated therein by the County of San Mateo Environmental Health Division.

SECTION 2: The City Council finds that the revised Chapter 8.07 of the San Carlos Municipal Code conforming with the County Model Tobacco Permit Ordinance is necessary and appropriate for these purposes.

SECTION 3: The City Council hereby amends and replaces Chapter 8.07 of the Municipal code as attached hereto as Exhibit A and incorporated by this reference.

SECTION 4: Severability. The City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

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SECTION 5: Publication and Effective Date. This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
****

I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on the 11th day of September, 2023 and passed and adopted as an Ordinance of the City of San Carlos at a regular meeting thereof held on the 25th day of September, 2023 by the following vote:

AYES, COUNCILMEMBERS: __________________________________________________

NOES, COUNCILMEMBERS: _________________________________________________

ABSENT, COUNCILMEMBERS: _______________________________________________

_________________________________
CITY CLERK of the City of San Carlos
APPROVED:
_______________________________
MAYOR of the City of San Carlos

Exhibit A: Revised Chapter 8.07 (Conforming with SMC Tobacco Ordinance 4.98)

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Chapter 8.07 - TOBACCO RETAILER PERMIT

8.07.100 - Definitions.
(a) "Characterizing Flavor" means a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a Tobacco Product or any byproduct produced by the Tobacco Product. Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a Characterizing Flavor.
(b) "Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a Tobacco Product during the processing, manufacture, or packing of the Tobacco Product.
(c) “Consumer” means a person who purchases a Tobacco Product for consumption. (d) “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
(e) “Director” means the Chief of San Mateo County Health, or designee. (f) "Distinguishable" means perceivable by either the sense of smell or taste. (g) “Electronic Smoking Device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e- hookah.

Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic. “Electronic Smoking Device” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic

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1 2
purposes where such product is marketed and sold solely for such an approved purpose.
(h) "Flavored Tobacco Product" means any Tobacco Product that contains a Constituent that imparts a Characterizing Flavor.
(i) “Full Retail Price” means the price listed for a Tobacco Product on its Packaging or on any related shelving, advertising, or display where the Tobacco Product is sold or offered for Sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.
(j) “Labeling” means written, printed, pictorial, or graphic matter upon any Tobacco Product or any of its packaging.
(k) “Packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold, or offered for Sale, to a Consumer.
(l) “Permit” or “Tobacco Retailer Permit” means a valid permit issued by the Director to a Person to act as a Tobacco Retailer.
(m) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other entity.
(n) "Pharmacy" means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for Sale, regardless of whether the retail establishment Sells other retail goods in addition to prescription pharmaceuticals.
(o) “Sale” or “Sell” means transfer to, exchange, barter, or distribute for a commercial purpose.
(p) “Self-Service Display” shall be defined as the open display or storage of Tobacco Products in a manner that is physically accessible to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
(q) “Tobacco Paraphernalia” means any item designed or marketed for the consumption, use, or preparation of Tobacco Products.
(r) “Tobacco" or "Tobacco Product(s)" means:

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1 2
(1) any product containing, made of, or derived from tobacco or nicotine, whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic; or
(3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, whether natural or synthetic, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
(4) “Tobacco Product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
(s) “Tobacco Product Flavor Enhancer” means a product designed, manufactured, produced, marketed or Sold to produce a Characterizing Flavor when added to a Tobacco Product.
(t) “Tobacco Retailer” means any Person who Sells, or offers for Sale, Tobacco Products. This definition is without regard to the quantity of Tobacco Products sold or offered for Sale.
(u) “Youth-Populated Area” means a parcel of real property that is occupied, in whole or in part, by any of the following:
(1) a private or public school that educates children in grades kindergarten through high school;
(2) a library that is open to the public;
(3) a playground that is open to the public;
(4) a youth center, defined as a facility where children ages 6 to 17 come together for programs and activities;
(5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes. “Recreation facility” includes, but is not limited to, a gymnasium, playing court, playing field, and swimming pool;

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(6) a public or private college or university that serves as an institution for education beyond the high school level;
(7) a licensed child-care facility or preschool, other than a small-family day care home or a large-family daycare home as defined in California Health & Safety Code § 1596.78.

8.07.110 - Requirement for a Permit.
(a) No Tobacco Retailer or other Person shall Sell or offer for Sale any Tobacco Product without a current and valid Tobacco Retailer Permit from San Mateo County for each location where such activities are conducted. (b) Permits are valid for one year and must be timely renewed annually by the Permit holder in order to continue to sell or offer for sale any Tobacco Product. A Retailer must obtain a separate Permit for each location at which any Tobacco Product will be sold, offered for sale or distributed. A Permit that is not renewed in a timely manner shall expire at the end of its term, and the Tobacco Retailer must obtain a new Permit prior to any further sale, offer for sale, or distribution of any Tobacco Product.
(c) No Tobacco Retailer shall violate, or cause or allow the Tobacco Retailer’s agents or employees to violate, any provision of this Chapter or any other local, state, or federal law applicable to Tobacco Products or Tobacco Retailing. (d) Tobacco Retailers are responsible for the actions of their employees and agents relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer and the permit holder shall be responsible for any monetary penalties levied.
(e) Nothing in this Chapter shall be construed to penalize the purchase, use, or possession of a Tobacco Product by any Person not engaged in Tobacco Retailing.

8.07.120 - Permit is Nontransferable.
(a) Tobacco Retailer Permits are nontransferable as between Persons, locations, or otherwise. Any attempted transfer shall render the Permit null and void. (b) Notwithstanding any other provision of this Chapter, prior violations of this Chapter at a location shall continue to be counted against that location and Permit ineligibility and suspension periods shall continue to apply to that location unless:

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(1) One hundred percent of the interest in the stock, assets, or income of the business, other than a security interest for the repayment of debt, has been transferred to the new owner(s); and
(2) The County is provided with clear and convincing evidence, including an affidavit, that the business has been acquired in an Arm's Length Transaction. An Arm’s Length Transaction, for the purposes of this section, means a transaction in which two or more unrelated and unaffiliated parties agree on the transfer in question; the parties act independently and in their own self-interest; and the parties have equal bargaining power and symmetric information, leading the parties to agree upon fair-market terms.

8.07.130 - Permit Conveys a Limited, Conditional Privilege.

Nothing in this Chapter shall be construed to grant any Person or entity obtaining and maintaining a Permit any status or right other than the limited, conditional privilege to Sell Tobacco Products and act as a Tobacco Retailer at the location in the County identified on the face of the Permit for the period of time shown on the Permit. All Permits are issued subject to the County’s right to amend this Chapter from time to time, and Retailers shall comply with all provisions of this Chapter, as amended.

8.07.140 - Application, Issuance and Renewal Procedure. (a) Application for a Tobacco Retailer's Permit or the renewal of a Tobacco Retailer Permit shall be submitted in the name of the Person proposing to conduct retail sales of Tobacco Products, referred to herein as the “Applicant,” and shall be signed by such Person or an authorized agent thereof. All applications shall be submitted to the Director on a form supplied by the Director and contain, at a minimum, the following information:
(1) The name, address, and telephone number of the Applicant; (2) The business name, address, and telephone number of the location where Tobacco Products are proposed to be sold, offered for sale or distributed by the Applicant; and
(3) Proof that the location for which a Tobacco Retailer’s Permit is sought has been issued a valid state license for the sale of Tobacco Products, if the Tobacco Retailer sells products that require such license; (4) A statement whether or not the Tobacco Retailer or any agent of the Retailer has been found to have violated this Chapter or other applicable law governing Tobacco Products or Tobacco Retailing and, if so, the dates and locations of all such violations within the previous five years; and

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(5) Such other information as the Director determines is necessary for implementation of this Chapter.
(6) An application for a new or renewal Permit will be denied if there are any outstanding fines or late fees issued by the Director, or during any period of suspension.
(7) It is the responsibility of each Permit holder to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer Permit. No Permit holder may rely on the issuance of a Permit as a determination by San Mateo County that the Permit holder has complied with all laws applicable to Tobacco Retailing.

A Permit issued contrary to this Chapter or any other law, or on the basis of false or misleading information supplied by the Applicant, shall be revoked. Nothing in this Chapter shall be construed to vest in any person or entity obtaining or maintaining a Tobacco Retailer’s Permit any status or right to act as a Tobacco Retailer in contravention of any provision of law.

8.07.150 - Display of Permit.

Upon receipt of an application for a Tobacco Retailer Permit in compliance with the requirements of this Chapter, the Director or designee may issue a Permit which, if issued, must be prominently displayed in a publicly visible location at the location where Tobacco Product Sales are conducted and permitted.

8.07.160 - Prohibitions Regarding Coupons, Discounts, Pharmacies, Flavored Tobacco, and Electronic Smoking Devices.
(a) No Tobacco Retailer shall do any of the following:
(1) Honor or redeem, or offer to honor or redeem, a Coupon to allow a Consumer to purchase a Tobacco Product for less than Full Retail Price; (2) Sell any Tobacco Product to a Consumer through a multiple package discount or otherwise provide any such product to a Consumer for less than the Full Retail Price in consideration for the purchase of any Tobacco Product or any other item; or
(3) Provide any free or discounted item to a Consumer in consideration for the purchase of any Tobacco Product.
(b) No Person, Tobacco Retailer or other legal entity shall sell or distribute to a person any electronic smoking device that delivers natural or synthetic nicotine or any other substance(s) to the person inhaling from the device. This includes

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any component, part, or accessory intended or reasonably expected to be used with the electronic device, whether or not sold separately. (c) No Person or Tobacco Retailer shall sell or offer to sell any Flavored Tobacco Product or Tobacco Product Flavor Enhancer. There shall be a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the Tobacco Product has or produces a Characterizing Flavor including, but not limited to, text, color, and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate that the Tobacco Product has a Characterizing Flavor.
(d) No Pharmacy or Pharmacy employee or agent shall sell or offer to sell any Tobacco Product. The Director shall not issue any new, or renew any existing, Tobacco Retailer Permit for any Pharmacy.
(e) Subdivisions (b) and (c) of this Section shall not apply to the duty- free stores located at the San Francisco International Airport.

8.07.170 - Packaging and Labeling.

No Tobacco Retailer or other Person shall Sell or offer for Sale any Tobacco Product to any Consumer unless the Tobacco Product (1) is Sold in the original manufacturer’s Packaging intended for Sale to Consumers; (2) conforms to all applicable federal Labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements.

8.07.180 - Self-Service Displays Prohibited; On-Site, In-Person Sales Required. (a) Tobacco Retailing by means of a Self-Service Display is prohibited (b) All Sales of Tobacco Products and Tobacco Paraphernalia shall be conducted in- person, over the counter, in the permitted location.

8.07.190 - Notice of Minimum Age for Purchase of Tobacco Products.

Tobacco Retailers shall post conspicuously, at each point of purchase, a notice stating that Selling Tobacco Products to anyone under 21 years of age is illegal and subject to penalties. The form and content of such notice shall be subject to the approval of the Director.

8.07.200 - Positive Identification Required.

No Tobacco Retailer or other Person shall Sell or offer to Sell a Tobacco Product to another Person without first verifying by means of government-issued photographic

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identification that the recipient is at least the minimum legal sales age required under state law to purchase a Tobacco Product.

8.07.210 - Minimum Age for Individuals Selling Tobacco Products.

No Tobacco Retailer shall allow, at its Retail location, any individual who is younger than 21 years of age to Sell or offer to Sell Tobacco Products.

8.07.220 - Display or Offers to Sell Tobacco Products Without Tobacco Retailer Permit Prohibited.

A Tobacco Retailer without a current valid Permit:
(a) Shall keep all Tobacco Products out of public view. The public display of Tobacco Products in violation of this provision shall constitute Tobacco Retailing without a Permit.
(b) Shall not display any advertisement relating to Tobacco Products that offers the Sale of such products from the Tobacco Retailer’s location.

8.07.230 - Limits on Eligibility for a Permit.
(a) No Tobacco Retailer’s Permit may be issued to authorize Tobacco Retailing at or from other than a fixed location. For example, Sales by Persons on foot or from vehicles or other forms of mobile vending are prohibited. (b) No Tobacco Retailer’s Permit may be issued to authorize Sales of Tobacco Products at a temporary event, such as flea markets and farmers’ markets. (c) No new Tobacco Retailer Permit may be issued to authorize Tobacco Product Sales at any location within 1,000 feet of a Youth-Populated Area, as measured by a straight line from the nearest point of the property line of any parcel on which a Youth-Populated Area is located and any point along the property line of the parcel on which the Permit applicant has or proposes to locate the business. (d) No new Tobacco Retailer’s Permit may be issued for a location which is within 500 feet of a location already occupied by another Tobacco Retailer, as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing Tobacco Retailer’s business is located. (e) Tobacco Retailers with a current and valid Permit as of the date of adoption of this ordinance shall be exempt from subsections (c) and (d) of this Section unless the existing Tobacco Retailer fails to timely renew the Permit prior to its annual expiration.

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(f) The Sale of Tobacco Products and accessories is prohibited in County owned structures and in any area of a structure leased by the County, wherever located.

8.07.240 - Fees for Permit.

Tobacco Retailers shall pay all applicable fees at the rates set forth in section

5.64.070 of the San Mateo County ordinance code. Fees shall be used by the Director to administer and enforce this Chapter.

8.07.250 - Enforcement.
(a) The Director or the Director’s designee shall enforce this Chapter consistent with the provisions herein.
(b) Violations of this Chapter may be criminally prosecuted as infraction(s) or misdemeanor(s) at the discretion of the prosecuting attorney as the interests of justice require.
(c) This Section shall not be interpreted to limit the applicable civil or administrative remedies available under law.

8.07.260 - Public Nuisance.

Any violation of this Chapter is hereby declared a public nuisance, subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures of contained in this Ordinance Code and state law, including but not limited to, an action for abatement or injunctive relief

8.07.270 - Compliance Monitoring.
(a) Compliance with this Chapter shall be monitored by the Director. In addition, any peace officer may enforce the provisions of this Chapter. The Director may designate additional persons to monitor and facilitate compliance with this Chapter. (b) Individuals designated to enforce the provisions of this Chapter shall inspect each Tobacco Retailer at least two times during each twelve-month period to determine if the Tobacco Retailer is complying with all applicable laws. Compliance checks shall take place during normal business hours, with or without notice. If a violation has occurred, the Tobacco Retailer shall be inspected again within three months.

All permitted premises must be open to inspection by designated persons during regular business hours.

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(c) Nothing in this section shall create a right of action in any Tobacco Retailer or other person or entity against the County or its agents.

8.07.290 - Suspension or Revocation of Permit.
(a) Grounds for Suspension or Revocation.
(1) A Tobacco Retailer Permit may be suspended or revoked, as set forth below in subdivision (b), if any court of a competent jurisdiction determines, or the Director finds, based on a preponderance of the evidence after notice and opportunity for the Tobacco Retailer to be heard, that either of the following violations have occurred:
i. After the Permit was issued it is determined that the Application for the Permit is incomplete or inaccurate.
ii. The Tobacco Retailer or Tobacco Retailer’s agent has violated any of the requirements, conditions, or prohibitions of this Chapter or any applicable local, state, or federal tobacco-related law. (2) Notwithstanding the foregoing, a Tobacco Retailer Permit shall be suspended or revoked, for the maximum time periods and as set forth in subdivision (b), if any court of competent jurisdiction determines, or the Director finds, based on a preponderance of evidence and after notice and opportunity for the Tobacco Retailer to be heard, that the Tobacco Retailer, or any agent or employee of the Tobacco Retailer, has Sold Tobacco Products to any Person(s) under the age of 21 years.
(b) Time Period of Suspension of Permit.
(1) Upon the first violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to 30 days. (2) Upon the second violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to 90 days. (3) Upon the third violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to one year.
(4) Upon the fourth violation within any sixty (60) month period, the Permit to Sell Tobacco Products shall be revoked. If a Permit is revoked, the Retailer shall not be eligible for a new Permit for a period of five (5) years after the effective date of revocation.
(c) Effective Date of Suspension or Revocation.

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Within ten (10) calendar days of the hearing, the Director shall issue written findings and an order regarding the suspension or revocation, which order will be effective ten (10) calendar days from the date such order was sent by certified mail to the Retailer, unless a timely appeal is filed in accordance with subsection (d). (d) Appeal of Suspension or Revocation.

The decision of the Director is appealable to the San Mateo County Licensing Board and the procedural rules of the San Mateo County Licensing Board shall govern hearings on all appeals of suspensions and revocations. (1) An appeal must be in writing, be addressed to the Director and be hand- delivered to the offices of the Division of Environmental Health. (2) An appeal must be received by the Director before the effective date of suspension or revocation provided by subsection (c) in order to be considered.
(3) The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the San Mateo County Licensing Board. (4) The decision of the San Mateo County Licensing Board shall be a final administrative order, with no further administrative right of appeal.

8.07.300 - Administrative Fine.
(a) Grounds for Fine. A fine shall be imposed on a Tobacco Retailer upon findings made by the Director, based on a preponderance of the evidence, that any Tobacco Retailer, or any agent or employee of the Tobacco Retailer, has violated any of the requirements, conditions, or prohibitions of this Chapter. A fine shall be imposed in the maximum amounts set forth in subsection (b) of this section upon findings made by the Director that the Tobacco Retailer, or any agent or employee of the Tobacco Retailer, has Sold any Tobacco Product to any Person(s) under the age of 21 years. Any administrative fine shall be imposed solely against the Tobacco Retailer, not the Tobacco Retailer’s employees or agents.
(b) Amount of Fine. Upon written findings made by the Director under subsection (a), the person or entity holding the Tobacco Retailer Permit shall be subject to an administrative fine for each such violation as follows:
(1) A fine not exceeding five hundred dollars ($500) for a first violation within a sixty (60) month period; and

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(2) A fine not exceeding one thousand dollars ($1,000) for each subsequent violation within a sixty (60) month period.
(c) Each day that Tobacco Products are Sold or offered for Sale without a Permit or otherwise in violation of this Chapter shall constitute a separate violation. A finding of "offered for Sale" in violation of this Chapter will be made if Tobacco Products are either actually Sold and/or displayed in the retail establishment, or if advertisements offering to Sell Tobacco Products are visible to customers. (d) Fine Procedures. Notice of the fine shall be served on the Tobacco Retailer by certified mail. The notice shall contain a description of the facts upon which the asserted violation is based and an advisement of the right to request a hearing before the Director contesting the imposition of the fine. Said hearing must be requested within ten calendar days of the date appearing on the notice of the fine.

The decision of the Director shall be a final administrative order, with no administrative right of appeal.
(a) Failure to Pay Fine. If a fine imposed pursuant to this Chapter is not paid within 30 calendar days from the date appearing on the notice of the fine or of the notice of determination of the Director after the review provided for under subdivision (c) of this Section, the fine may be referred to a collection agency within or external to the County. In addition, any outstanding fines must be paid prior to the issuance of any new Permit or renewal of a Permit.

8.07.310 - Enforcement of this Chapter in Cities.

The Director is authorized to administer and enforce the provisions of this Chapter 8.07 on behalf of the City of San Carlos as provided in the San Mateo Couty ordinance code at section 4.98.310(a).

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 25, 2023
ITEM TITLE: Discuss and Provide Direction on the Northeast Area Specific Plan Draft Concepts and Land Use Options.

RECOMMENDATION:

Staff recommends that the City Council:
•Receive a presentation on the proposed concepts and three land use options for the Northeast Area;
•Provide feedback on the land use options and proposed concepts, including the proposed transportation network and infrastructure to address flooding and support environmental resilience in the district; and
•Provide feedback to City staff on the preferred option – which could be a combination of the three options.

BACKGROUND:

The Northeast Area, which has historically been referred to as the Harbor Industrial Area, was mostly developed in the 1950s and is predominately industrial. The Northeast Area was annexed into the City of San Carlos city limits in 1997, and there have been very few changes to the area since then. The Northeast Area is home to many businesses, including manufacturing and service businesses. The unique nature of the area, specifically smaller lots and affordable rents per square foot, allow a variety of businesses to locate in the area. The existing businesses in the Northeast Area and in the East Side Innovation District provide the majority of the City’s tax revenue from property and sales taxes.

The Northeast Area is defined as the area north of Holly Street, to the San Carlos city limits at Belmont Creek, and between Highway 101 and Old County Road (see Figure 1).

Over the last several years, the east side of San Carlos, including the Northeast Area, has received much interest from developers, mostly from the life sciences sector. Because the area is likely to change within the next few years, as a part of the City of San Carlos Strategic Plan, the City Council directed staff to create a vision plan for the East Side Innovation District and a specific plan to thoughtfully plan for, manage, and direct change in the Northeast Area. The City Council further directed staff to explore the possibility of introducing housing to the Northeast Area. Residential uses are currently prohibited in this area by the San Carlos 2030 General Plan.

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Figure 1. Map of the Northeast Area and Study Area Boundaries City staff released a request for proposals in June 2022 for consultant support to develop the Northeast Area Specific Plan (“Specific Plan”). The City selected a consulting team led by Perkins&Will, an urban design firm.1 The team also includes Plan to Place (community outreach), Nelson\Nygaard (transportation planning), BKF (civil engineering), Strategic Economics (economic planning), David J. Powers (environmental planning), and Aaron Welch Planning (zoning and General Plan text update).

The City kicked off the planning process in November 2022, and the process will take about two years to complete, wrapping up in October 2024. Figure 2 illustrates the project schedule. 1 A team led by Perkins&Will also created the East Side Innovation District Vision Plan.

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Figure 2. Project Schedule
The Northeast Area Specific Plan will be a comprehensive policy document which guides change and growth in the Northeast Area for the next 20 years. See Attachment 1: Northeast Area Specific Plan Outline for an overview of the elements that will be included in the Northeast Area Specific Plan.

PHASE 1: PROJECT INITIATION, DATA GATHERING, EXISTING CONDITIONS, &

COMMUNITY ENGAGEMENT
November 2022 – Early 2023
City staff and the consultant team began the planning process by conducting an existing conditions review to better understand what the area is like today. This included community and stakeholder engagement, data gathering and analysis, and site visits.

The City held the first round of community engagement in the spring of 2023 to gather input from the community, stakeholders, and policymakers on what they appreciate about the Northeast Area and what they would like to see in the Northeast Area in the future. The engagement included:
•A virtual Community Workshop on March 15, 2023 with over 60 participants 2; •Stakeholder group meetings with property owners and commercial real estate brokers, business owners, and developers throughout February and March 2023; •A presentation to and engagement with the Harbor Industrial Association on April 6, 2023; •A study session with the Economic Development Advisory Commission on March 22, 2023;
•A meeting and coordination with the City of Belmont which is currently developing a specific plan for the Harbor Industrial Area, the area directly north of the Northeast Area; •A meeting with OneShoreline, the San Mateo County Flood and Sea Level Rise Resiliency District;
•A presentation to Chamber San Mateo County’s Economic Development Committee on April 4, 2023;
•An online survey which was open from March 15 through April 30, 2023, and had 110 respondents; and
•Emails received from community members.
2 A summary of the input received from the March 15, 2023 Community Workshop and the online survey can be found on the project website here: www.sancarlosnortheastplan.com/event/community-workshop This webpage also has the presentation and recording from the March 15, 2023 Community Workshop.

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The City has also been sharing information about the project through:
•The project website which can be found at www.sancarlosnortheastplan.com; •A City of San Carlos Spotlight Newsletter which was mailed to every resident and business in San Carlos in March 2023;
•Regular updates in the City’s Good Living Newsletter which is mailed to every resident and business in San Carlos;
•Regular updates in the City Council Newsletter;
•Sharing updates during the monthly Harbor Industrial Association meetings; •Two mailings sent to all property owners and business owners within the Northeast Area to invite them to the stakeholder group meetings (held in February/March 2023) and the Community Workshops (held in March 2023 and August 2023); •Two mailings sent to all residents and businesses within the Greater East San Carlos neighborhood to invite them the Community Workshops (held in March 2023 and August 2023);
•Social media posts on the City’s accounts;
•Emails to the Northeast Area Specific Plan distribution list with updates and invites to upcoming community engagement events; and
•Emails to City Commissions.

During this phase, the consultant team also conducted an existing conditions analysis to better understand the history of the area and what the area is like today. This included an initial environmental analysis, economic and housing analysis, and a transportation analysis, including conducting traffic counts in and near the project study area.

During this phase, the planning team also identified a list of key project goals. These goals will guide the development of the Specific Plan recommendations and are based on input heard from the community, stakeholders, and policymakers. See Figure 3 for a visual of the key project goals.

Figure 3. Key Project Goals
PHASE 2: DEVELOP LAND USE AND DESIGN OPTIONS (“SCENARIOS”) FOR REVIEW Spring + Summer 2023
Over the spring and summer of this year, City staff and the consultant team developed draft “scenarios,” or options for resiliency, flooding, transportation, and parking with different approaches to land use, including housing. The options are based on:
•Input received during the Phase 1 community engagement from the community, stakeholders, and policymakers;

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•The existing conditions review and observations during the site visits; and •An understanding of what changes may happen in the next few years and how to best plan for these changes.

The planning team drafted three options for community review and input. Consistent throughout the three options are concepts and approaches to address flooding and resilience and transportation and parking. Ideas for land use and placemaking vary among the three options.

To provide the City Council with a full picture of the proposed concepts and three draft land use options, City staff elected to include the presentation slides from the September 18, 2023 Planning and Transportation Commission meeting as an attachment to this staff report. Please see Attachment 2: Planning and Transportation Commission Presentation for the proposed concepts and the three draft options. In Attachment 2, please reference:
•Slides 12-19 for the proposed concepts for flooding and resilience •Slides 20-27 for the proposed concepts for transportation and parking •Slides 28-47 for the three draft options for land use and placemaking Additional details about the proposed concepts and draft land use options are provided below.

Concept 1: Flooding and Resilience
Addressing environmental resilience and planning for future flood events is a primary focus of the Northeast Area Specific Plan. The planning team has drafted proposed recommendations to increase environmental resiliency throughout the district. These recommendations address the key project goals of Champion District Resiliency and Address Flooding Issues and Other Environmental Issues.

See Figure 4 for a high-level visual of the flooding and resilience recommendations. For additional details, see Attachment 2: Planning and Transportation Commission Presentation, Slides 12-19.

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Figure 4. Flooding and Resilience Recommendations
Proposed recommendations include:
•Enhance and extend the existing stormwater channels (also referred to as drainage ditches) to create “green channels” throughout the district. These green channels will help manage stormwater and encourage the growth of ecological habitats. •Incorporate “Green Streets”, or green stormwater infrastructure, along major arterials such as Industrial Road and Old County Road. This could include bioswales, rain gardens, and other investments to promote clean air, reduce extreme heat conditions, support safe and active streets, and provide more opportunities for public spaces. •Restore Belmont Creek through a proposed setback of 50 feet from top of bank to widen the creek channel and restore a naturalized creek bank. It is envisioned that this space would also host a pedestrian and bicycle path.

Concept 2: Transportation and Parking
Another critical theme for the Northeast Area Specific Plan is allocation of street space to support people who walk, bicycle, take transit, and drive to the district; and also freight and vehicle movement to support the businesses. The planning team has drafted proposed concepts to address transportation and parking management throughout the district. These recommendations address the key project goals of Improve Access for All Modes of Transportation and Develop District Parking Strategies.

See Figure 5 for a high-level visual of the transportation and mobility recommendations. For additional details, see Attachment 2: Planning and Transportation Commission Presentation, Slides 20-27.
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Figure 5. Transportation and Parking Recommendations
Proposed recommendations include:
•Extend and/or add new streets to increase connectivity throughout the district. Proposed new streets include:
oExtending Bragato Road from the current dead-end to Industrial Road, and oCreating a new north-south street that is parallel to Glenn Way. •Provide safer and more visible pedestrian facilities by improving sidewalk connectivity, intersection crossings, and other improvements.
•Build a connected bicycle network throughout the district that provides direct access to the San Carlos Caltrain Station.
•Coordinate with the City of Belmont to provide multimodal options (walking, bicycling, and transit) that connect to the Harbor Industrial Area and the Belmont Caltrain Station. •Build productive alleyways within private development to add greater connectivity to the street network, provide service and parking access, and extend public space. •Create pedestrian paseos (publicly accessible, yet on private property) throughout the district to increase pedestrian and bicycle connectivity, add green stormwater infrastructure, and to improve access for maintenance and operation. •Develop a parking management program to better manage the on-street and off-street parking throughout the district.
•Consider additional mobility strategies such as a creating publicly accessible shuttle service, establishing a transportation management association, and installing wayfinding and signage to enhance districtwide mobility.

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Concept 3: Land Use and Placemaking – Three Draft Land Use Options And lastly, a critical component of the Specific Plan is to identify the appropriate land uses for the Northeast Area. This Plan must find the right balance among:
•Maintaining and supporting land uses that are working well today, such as light industrial spaces;
•Anticipating future desired uses, such as commercial and office spaces; and •Planning for future community needs, such as residential spaces.

The planning team has drafted three options for the community’s consideration. These draft options address the key project goals of Celebrate the Area’s Industrial Legacy and Calibrate the Right Mix of Uses.

Land Use Option 1: All Employment
Under Option 1, the Northeast Area would remain a “jobs-focused” area (see Figure 6). The primary uses in the district would include:
•Light industrial, and
•Medium- and high-intensity commercial which would allow uses such as light industrial, life sciences, and office.

This option also proposes Production, Distribution, and Repair uses, which are small maker- spaces, similar to light industrial, on the ground-floor of buildings along Quarry Road. No residential uses are proposed in this option.

For additional details on Option 1, see Attachment 2: Planning and Transportation Commission Presentation, Slides 34-37.

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Figure 6. Option 1: All Employment
Land Use Option 2A: Employment + Housing
Under Option 2A, the Northeast Area would have a mix of employment-focused areas and housing (see Figure 7). The primary uses in the district would include:
•Residential mixed-use which would allow retail, office, and service uses on the ground floor (not light industrial), and
•Medium-intensity commercial which would allow uses such as light industrial, life sciences, and office.

Option 2A also proposes:
•A main street along the new north-south street which would have active ground uses, and •A park space and community amenity (specific community amenity yet to be determined).

For additional details on Option 2A, see Attachment 2: Planning and Transportation Commission Presentation, Slides 38-41.

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Figure 7. Option 2A: Employment + Housing
Land Use Option 2B: Employment + More Housing
Under Option 2B, the Northeast Area would have a mix of employment-focused areas and housing (see Figure 8). Option 2B proposes more housing than Option 2A and reduces the amount of space allocated to medium-intensity commercial. Similar to Option 2A, the primary uses in the Option 2B district would include:
•Residential mixed-use which would allow retail, office, and service uses on the ground floor (not light industrial) and;
•Medium-intensity commercial which would allow uses such as light industrial, life sciences, and office.

Same as Option 2A, Option 2B proposes:
•A main street along the new north-south street which would have active ground uses and; •A park space and community amenity (specific community amenity yet to be determined).

For additional details on Option 2B, see Attachment 2: Planning and Transportation Commission Presentation, Slides 42-43.

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Figure 8. Option 2B: Employment + More Housing
Community Engagement and Input to Date
In late August, City staff and the consultant team began gathering input on the draft concepts and land use options. Community input opportunities included:
•A virtual community workshop on August 30, 2023 with over 40 participants 3; •An in-person pop-up event on August 31, 2023 at the entrance to the San Carlos Library during which staff spoke with over 35 people;
•An in-person pop-up event on September 8, 2023 at Auto Vino, 380 Industrial Road within the project study area, during which staff spoke with over 25 people; •An online survey which was open from August 30 through September 13, 2023, and had over 260 respondents;
•A study session with the Economic Development Advisory Commission on August 22, 2023;
•A presentation to and engagement with Harbor Industrial Association on September 7, 2023;
•A meeting with PG&E staff on September 8, 2023;
•A meeting with GW Williams representatives on September 13, 2023; •Presentation to the Planning and Transportation Commission on September 18, 2023; and,
•Emails received from the public (see Attachment 3).
3 The presentation and recording from the August 30, 2023 Community Workshop can be found on the project website: www.sancarlosnortheastplan.com/event/community-workshop-1

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GW Williams – Comments
On September 13, 2023, City staff met with representatives from GW Williams to discuss the draft land use options. GW Williams owns multiple properties in the Northeast Area, including the GW Williams office park that is located within the blocks bounded by Old County Road, Taylor Way, and Glenn Way. They also own multiple properties south of Taylor Way. These properties are proposed to be residential in both Options 2A and 2B.

The initial feedback from GW Williams is that they are not interested in having the area rezoned residential. The office park is currently home to approximately 200 businesses, and they have concerns about each of these businesses becoming legal non-conforming uses if rezoned residential. GW Williams provided additional comments via email to the Planning and Transportation Commission prior to the September 18, 2023 Study Session (see Attachment 3:

Public Comments).

PG&E – Comments
On September 8, 2023, City staff met with representatives from Pacific Gas & Electric (PG&E) to discuss the future vision for their site. In late 2021, PG&E submitted a planning application to the City to build a new logistics and storage warehouse and a new fleet building; this application is currently under review. PG&E indicated that is unlikely that the property will change uses and will likely remain a strategic hub for PG&E operations within the San Francisco Bay Area. Therefore, staff recommends removing the pathway shown on the PG&E site, as shown in the draft options presented at the August 30, 2023 Community Workshop.

Key Takeaways
From the community engagement conducted thus far, the planning team has heard the following comments, as shown in Table 1.

Table 1. Community Input on the Draft Concepts and Options Support for… Concerns about… Need for…
Flooding and
Resilience
Widening the setback
along Belmont Creek for
the purposes of restoration
and access and creating a
pedestrian/bicycle path,
flood-able park, and public
space along the creek.

Capturing and recycling
water to maintain green
infrastructure and the
street trees.

Improving air quality and
considering this an
important aspect of district
resilience.

Feasibility of a 50-foot
setback from top of creek
bank, and the impacts to
properties.

Regional collaboration to
address flooding issues –
should not stop the
planning / thinking about
flooding at the boundaries
of the study area.

Importance of considering
feasible projects to
address short-term needs.

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Support for… Concerns about… Need for…
Transportation
and Parking
Refining the scale of the
street grid through
pedestrian paseos and
street extensions.

Managing on-street
parking.

Pedestrian facilities
(sidewalks and crossings)
and bikeways.

Green infrastructure.

Extending the East Side
Connect Project.

Caltrain electrification to
increase service which
could be a big draw for
employers.

Creating a city-wide, and
even regional,
Transportation
Management Agency and
micromobility services.

Impacts of the proposed
Bragato Road extension,
the Community Main
Street, and alleyway
alignments on parcels and
property values.

Location of the proposed
alleyways which may
make siting buildings
difficult, especially for
passive heating and
cooling.

From property owners:

Clarity on property-owner
liability for publicly-
accessible pedestrian
paseos located on private
property.

From residents: Ensuring
the pedestrian paseos are
publicly accessible.

Clarity about what will be
allowed on the paseos
(walking, bicycling,
driving?), especially if the
paseos are connected to
the neighborhood to the
south.

Improving the Holly Street
and Old County Road
intersection for
pedestrians and bicyclists
to provide access to the
district, especially from
the San Carlos Caltrain
station.

Land Use
Option 1: All
Employment
Providing ample space for
industrial businesses to
continue and grow.

Appreciation of the area
today – a centralized
location on the Peninsula
for industrial businesses.

Appreciation for the GW
Williams office park on Old
County Road, and the
small, affordable spaces
that it provides for
industrial businesses.

Dwindling space for
industrial businesses in
San Carlos and along the
Peninsula.

Loss of small, affordable
spaces for industrial
businesses.

Loss of businesses in the
Northeast Area that
support other businesses
(including biotech firms)
located throughout San
Carlos, including the East
Side and Laurel Street.

For both options: If area is
rezoned, clarity around
how businesses can
expand if they become
legal non-conforming
uses.

Land Use –
Options 2A
and 2B:

Employment +
Housing
General support for
housing, and the proposed
locations for housing
presented in Options 2A
and 2B.

Staff note: The community
has not indicated a strong
If properties along Old
County Road become
residential, as shown in
these options, would
greatly reduce the number
of small, affordable
Clarity on the transition
between the existing
neighborhood to the south
and the possible new
residential buildings in the
district.

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Support for… Concerns about… Need for…
preference between
Options 2A or 2B.
spaces for industrial
businesses.

Conflicts between existing
industrial uses and new
residential uses – such as
noise, light, working
hours, truck movements,
etc.

Additional
Comments
Understanding of how
much the improvements
are anticipated to cost.

Planning and Transportation Commission Input
The Planning and Transportation Commission held a Study Session on the draft options and concepts for the Northeast Area at its September 18, 2023 meeting. City staff requested that the Commission provide their feedback on the draft concepts and options, and provide guidance on which land use option they preferred. Staff emphasized that the preferred option could be a combination of the three draft options.

Key Takeaways
The Commission considered the staff’s presentation, public comments received during the Study Session, and written comments received prior to the Study Session. Commissioners provided the following comments, as shown in Table 2. The following are the key takeaways:
•There was Commission consensus that there should be some amount of housing in the plan area, but no consensus on how many units and the exact location. •The Commission also had consensus on improvements for flooding, but there were shared concerns about the feasibility of the 50-foot setback for Belmont Creek from top-of-creek bank and the need for coordination with the City of Belmont to understand their approach to development setbacks on their side of the creek.
•Commissioners appreciated the proposed street and mobility network, but were concerned about the impact on specific properties and how the new mobility network would be implemented.
•Commissioners expressed a shared desire to respect the existing light industrial businesses and the economic ecosystem that is there today. •Commissioners also recognized the need for a detailed implementation plan.

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Table 2. Planning and Transportation Commission Comments Support for… Questions or concerns
about… Recognizing…
Flooding and
Resilience
Infrastructure
improvements to address
flooding and improve
environmental resilience.

Transportation
and Parking
The specific location of
the proposed north-south
street, the alleyways, and
the paseos and the
impacts these may have
on parcels and property
values.

Land Use
Option 1: All
Employment
Preserving the light
industrial use and
businesses that are in the
area today.

Enhancing the area for
existing businesses.

Land Use –
Options 2A
and 2B:

Employment +
Housing
General support for
housing in the Northeast
Area.

The specific location of
housing. Some
Commissioners supported
Option 2A, while others
supported Option 2B.

Another supported Option
1 with the addition of
housing. Another
proposed option was to
limit housing to the area
south of Taylor Way.

How the area would
transition from today’s
light industrial uses to the
potential new residential
uses.

The transition between the
existing single-family
neighborhood and
potential new multi-story
housing in the Northeast
Area.

The need to introduce
housing to the area to
meet the future housing
needs of the San Carlos
community and to address
future Regional Housing
Needs Assessment
(RHNA) cycles.

The need for housing
close to transit.

The importance of
considering no area in
San Carlos as “off-limits”
for possible future housing
locations.

The need to provide
housing to balance job
growth.

Additional
Comments
What the vision is for the
area – preserving today’s
light industrial businesses
or enticing more biotech
development.

What financial resources
the City has to implement
the plan.

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Support for… Questions or concerns
about… Recognizing…
Can community benefit
dollars from potential
development in the area
be spent within the
Northeast Area to improve
infrastructure and fund
other community
amenities.

NEXT STEPS. PHASE 3: DETERMINE THE PREFERRED OPTION & BEGIN

ENVIRONMENTAL REVIEW
Fall 2023
During tonight’s Study Session, staff is requesting that the City Council provide direction on:
•The proposed concepts, including the proposed transportation network and infrastructure to address flooding and support environmental resilience in the district, and •The preferred land use option, which may be a combination of the three draft options.

After the preferred option is determined, the planning team will draft the Specific Plan policy document and will begin the environmental analysis. The environmental analysis phase is anticipated to be completed by mid-2024.

City staff and the consultant team will present the draft Specific Plan to the Planning and Transportation Commission and then to the City Council, in the early fall of 2024.

PUBLIC NOTICE
A courtesy notice of this Study Session was published in the San Mateo Daily Journal newspaper on September 16, 2023. (See Attachment 4: Courtesy Notice – Proof of Publication.) ALTERNATIVES:

Options available to the City Council include:

1. Provide direction to staff on the Northeast Area Specific Plan draft concepts and land use options; or

2. Provide an alternative recommendation.

Respectfully submitted by:

Al Savay, Community & Economic Development Director

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Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Northeast Area Specific Plan Outline

2.September 18, 2023 Planning and Transportation Commission Meeting Presentation – Includes the proposed concepts and three draft options

3. Public Comments, as of September 18, 2023

4. Courtesy Notice – Proof of Publication

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Attachment 1. Northeast Area Specific Plan Outline
The Northeast Area Specific Plan is intended to thoughtfully plan for and guide transformation within the plan area over the next 20 years (see Figure 1).

Figure 1. The Northeast Area
The Specific Plan is a comprehensive policy document and will include:
•A Vision Statement and guiding principles, which are ideas that guide policies and implementation, for the Northeast Area.
•Goals and policies around the key concepts below and how to support the thriving business ecosystem in the Northeast Area today and plan for the needs of the San Carlos community in the future.
•Community engagement description, which is an account of the outreach and engagement that was conducted throughout the planning process to inform and invite participation in developing the Specific Plan from the property owners, business owners, Greater East San Carlos neighbors, the overall San Carlos community, other key stakeholders, and policymakers.
•Existing conditions review and an overview of what the area is like today. •Key concepts around:
oLand uses in the district, and zoning standards to implement the land uses. oFlooding and resiliency, including restoration of Belmont Creek.

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oMultimodal transportation network that supports all users of the transportation system, including those who walk, roll, bicycle, take transit, drive, and freight and truck movement.
oParking management system to manage both on-street and off-street parking. oUrban Design and placemaking, such as creating a vibrant district that serves the needs of employers, employees, and San Carlos residents. oPark space and community amenities to support the businesses, employees, and residents.
•Identification of needed infrastructure and recommendations for capital improvements, which includes an evaluation of the quality and effectiveness of existing public infrastructure and future needs to support the growth of the district. •Implementation plan that includes a detailed phasing, financing, and implementation strategy to fulfill the plan’s goals and make the key concepts a reality.

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NORTHEAST AREA

SPECIFIC PLAN

NORTHEAST AREA

SPECIFIC PLAN
Planning and Transportation
Commission Meeting
September 18, 2023

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Tonight’s Study Session
City staff requests that the Commission:
•
P
rovide feedback on the draft land use options and concepts, and •
P
rovide recommendations for the city and consultant teams to develop the preferred option.
2 NORTHEAST AREA
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Agenda

1. P roject Introduction

2. Flooding
and Resilience

3. T
ransportation and Parking

4. Land
Use and Placemaking

5. Community
Feedback on Options
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Larger Project Team
Prime Consultant, Urban Design Environmental Planning Transportation Planning Civil Engineering Community Outreach Economic Planning General Plan Update 4 NORTHEAST AREA
SPECIFIC PLANNortheast Area Specific Plan | Planning and Transportation Commission Meeting

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Project
Introduction
1 5

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The Northeast Area
San
Carlos
Old County RoadOld County Road

El Camino RealEl Camino Real
CaltrainCaltrain
U.S. Hwy 101U.S. Hwy 101
Taylor WayTaylor Way
Bragato RoadBragato Road
Quarry RoadQuarry Road
Belmont CreekBelmont Creek
Glenn WayGlenn Way
Holly StreetHolly Street
Harbor BoulevardHarbor Boulevard
Industrial RoadIndustrial Road
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NORTHEAST AREA

BELMONT STATION

SAN CARLOS STATION

TWIN PINES PARK

ARGUELLO PARK

BAIR ISLAND STATE

MARINE PARK

LAUREOLA
PARK

SAN CARLOS AIRPORT

REDWOOD SHORES

LAUREL ST

EL CAMINO REAL
HIGHWAY 101

CALTRAIN

HOLLY ST

RALSTON AVE

SAN CARLOS AVE

INDUSTRIAL AVE
HARBOR

INDUSTRIAL AREA

DOWNTOWN

EAST SIDE

INNOVATION DISTRICT

INDUSTRIAL ARTS DISTRICT
Why A Specific Plan? Why Now?
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The Specific Plan as a
V
ehicle for Positive Change
Address Flooding
Issue and other
Environmental
Issues
Develop District
Parking Strategies
Champion District
Resiliency
Celebrate the Area’s
Industrial Legacy
Calibrate the Right
Mix of Uses
Improve Access for All
Modes of
Transportation
P
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Building on San Carlos’ Most Recent Planning Efforts
Bicycle and
Pedestrian Master
Plan
(2020)
Economic
Development Plan
(2021-2024)
(2021)
Bicycle and Pedestrian
Master Plan
FINAL | ADOPTED JUNE 9, 2020

CITY OF SAN CARLOS
Prepared for
Prepared by
Alta Planning
+ Design
General Plan
Housing Element
(Updated in 2023)
East Side
Innovation District
Vision Plan
(2021)
Climate Mitigation
and Adaptation Plan
(2021)

CITY OF SAN CARLOS

ECONOMIC

DEVELOPMENT PLAN
2021 - 2024
September 27, 2021
City of San Carlos
Climate Mitigation and Adaptation Plan
East Side
Innovation District
Vision Plan
East Side
Innovation District
Vision Plan
Approved October 25, 2021
Prepared by
Perkins& Will
Prepared for
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Community Opportunities to Provide Input
November
2022
Early
2023 Spring + Summer
2023
Fall
2023 Winter
2024
October
2024
Project Initiated Develop Land Use
and Design Options
("Scenarios") for review
Draft the Specific
Plan & Continue
Environmental Review
Data Gathering
& Existing
Conditions Review
Determine the Preferred
Option & Begin
Environmental
Review
Specific Plan
and Environmental
Adoption
www.sancarlosnortheastplan.com
Sign up at the project website for news and updates:

We Are Here
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To hear your thoughts about the
proposed design guidance.

Flooding and Resilience
Transportation and Parking
Land Use and Placemaking
2 The Intent of Today’s Meeting
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The Historic Shoreline
and Marshland
Flooding and Resilience
1892 topographic map showing the plan area in red (USGS 1892) 1949 topographic map showing the plan area in red (USGS 1949) 12

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What We Heard
Community Workshop, March 2023
Flooding and Resilience
Enhance Belmont Creek’s
stormwater capacity
Assess areas most impacted by
flooding and develop solutions
Improve district-scale
stormwater and sewer systems
Improve street green
infrastructure
Belmont Creek in January 2023
Holly Street in January 2023
1 2
1 2
500 Y ear Flood Zone
100 Y ear Flood Zone
Historic Marshland Area
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Flooding and Resilience
The Existing Creek
and Open Channels
Historic Marshland Area
3 4
Freshwater marsh along channel
3 983 University Avenue, Building D  Los Gatos, CA 95032  408.458.3200  www.harveyecology.com

San Carlos Northeast Area Specific Plan
Biological Resources Assessment
Project #4715-01
Prepared for:

Désirée Dei Rossi
David J. Powers & Associates
1736 Franklin Street, Suite 400
Oakland, CA 94612

Prepared by:

H. T. Harvey & Associates
February 24, 2023

Channel adjacent to surface parking
4 Existing Open Channels
Historic Marshland Area
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Flooding and Resilience
Extending the
Green Channels
• Th e existing stormwater channels
provide a natural starting point for
increased investment.
•
Th
ese are not just ditches for
stormwater, but a celebration of
critical infrastructure for a resilient
region.

Existing Utilities
Green Channel
Historic Marshland Area
Drainage Pattern
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Flooding and Resilience
Complemented
by Green Streets
• Major str eets such as Industrial
Road and Old County Road can
be redesigned to better support
the management of district
stormwater.

Existing Utilities
Green Channel
Green Streets
Historic Marshland Area
Drainage Pattern
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What could a
green street
look like?
Flooding and Resilience
Yale Street, Seattle
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Flooding and Resilience
What could an
internal green
channel look
like?
Case Study: Mission Creek Park (Credit: CMG)
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What could
Belmont Creek
Restoration
look like?
Flooding and Resilience
Conceptual Belmont Creek Section 19

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BELMONT

STATION

SAN FRANCISCO BAY

NATIONAL WILDLIFE REFUGE

WATERDOG LAKE & OPEN SPACE

ARGUELLOPARK

EL CAMINO REAL

INDUSTRIAL RD

HIGHLANDPARKBELMONT CREEK

SAN FRANCISCO BAY TRAIL
BAYSHORE FWY / 101

CALTRAINCALTRAIN

BELMONT

SAN CARLOS

REDWOOD CITY

SAN CARLOS CITY LIMIT

INDUSTRIAL ARTS

DISTRICT

DOWNTOWN

SAN CARLOS

STATION
Transportation and Parking
Truck obstructing bike lane on
Industrial Road
Vehicles blocking the sidewalk on
Quarry Road
Re-establish a
grid like pattern
Add pathways along
Belmont Creek
Improve connection to Belmont
and other parts of the city
Complete Eastside
Connect project
Maintain parking for
existing businessesEnforce on-street
parking regulations
Consider safety issues
along Industrial Road
Improve sidewalks
What We Heard
Community Workshop, March 2023
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Key Takeaways
Transportation and Parking
On-Street and Off-
Street Parking
Roadway Network
and Connectivity
Multimodal Access
and TDM
The district faces a parking
management problem, not a
parking supply problem.

The road, pedestrian, and
bicycle network needs to
evolve to better support
existing and new users.

Improving and expanding
multimodal options is
essential for achieving
district goals.

Key Takeaways:

Roadway Network
and Connectivity
On-Street and
Off-Street Parking
Multimodal Access
and Mobility Options
The roadway, pedestrian, and bicycle
network needs to evolve to better
support existing and new users.

The district faces a parking
management problem, not a
parking supply problem.

Improve and expanding multimodal
options is essential for reducing
vehicle trips and climate impacts.
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Extension of Bragato
New North-South Street
New Public Streets
Transportation and Parking
• R evisit historic street segments
•
Init
iate a better connected street grid
•
F
ocus public right-of-way investment
•
C
atalyze partnership with property
owners
Why add new streets?
Existing Public Streets
New Public Streets
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Productive Alleyways
(Publicly Accessible Private Property)
Transportation and Parking
What is a productive alleyway?
• Built with priv ate development
•
A
dds greater connectivity to street network
•
Pr
ovides service and parking access
•
D
esigned to extend public space
Existing Public Streets
New Public Streets
New Productive Alleyways
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Pedestrian Paseos
Transportation and Parking
Paseo connects to the F Street underpass
What is a pedestrian paseo?
• A dds critical green stormwater
infrastructure (GSI)
•
Maximiz
es bike and pedestrian
connectivity
•
Impr
oves access for maintenance
and operation
(Publicly Accessible Private Property)
Existing Public Streets
New Public Streets
New Productive Alleyways
New Pedestrian Paseos
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Transportation and Parking
Parking
Strategies
25 NORTHEAST AREA
SPECIFIC PLANNortheast Area Specific Plan | Planning and Transportation Commission Meeting on-street parking is managed
to maximize productivity of the
curb space
Parking structure standards
include space for bikes, EVs, and
delivery vehicles
Off-street parking facilities are
publicly accessible and can be
leased to employers
The zoning code is right-sized
to allow new parking without
too many vehicle trips
Parking revenue to fund
enforcement and mobility
programs
Implement a “park once”
district strategy

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Transportation and Parking
Mobility
Strategies
Implement a publicly accessible district
shuttle service
Set enhanced sidewalk
and bic
ycle standards
Establish a district-wide Transportation
Management Association
Provide wayfinding and signage
for bikes and pedestrians
Prioritize first- and last-mile
connections to bus and rail services
Offer shared mobility services for
residents, employees, and visitors.
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Connected
Mobility Network
Transportation and Parking
Better connections to nearby
bus and rail service, potentially
including a district shuttle
Shared off-street parking at strategic
locations through the district that
supports a “park-once” environment
On-street parking and curb management
on district streets to improve parking
availability and turnover
Enhanced bicycle and pedestrian
network that supports better connections
into, out of, and within the district

F-STREET UNDERPASS
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Preserve diversity of
existing businesses
Develop context specific
urban design standards
Support for housing,
especially affordable housing
Enhance amenities and open space
for employees and residents
Clean and remediate
contaminated sites
Land Use and Placemaking
What We Heard
Community Workshop, March 2023
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The team has developed two distinct options for you
to weigh in and let us know your thoughts.

The City has not chosen a preferred land use option, yet. 29 NORTHEAST AREA
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Difference between Zoning and Development
TOD ProjectDevelopment
Zoning
Land Use and Placemaking
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Current Zoning
Zoning Height
Light Industrial 75 Feet
(Approximately 5 Stories)
Industrial Professional 100 Feet
(Approximately 6-7 Stories)
Planned Development As prescribed by the PD plan
Light Industrial
Industrial Professional
Planned Development
Study Area Boundary
Land Use and Placemaking

KAREN WY
US 101

TWIN DOLPHIN DR

OLD COUNTY RD OLD COUNTY RDOLD COUNTY RD

BAYPORT AVE
BLV

D HARBO
R
BROADW
AY

ELM STHULL DR

LAUREL ST
OAK ST

FAIRFIELD DR

SPRING ST

EL CAMINO REAL

HARBOR BLVDONEILL AVE

ELMER ST
E ST

ACACIA CT

SAN CARLOS AVE

KING ST

REDWOODSHORES PKWY

MONTE VISTA RD
5TH AVE
CORM

ORANT DR

MONTGOMERY ST

E SAN CARLOS AVE

CHERRY ST

NORTHWOOD DR

INDUSTRIAL RD

INVERNESS DR

SYLVAN DR

SPRINGFIELD DR

SKYWAY RD

RIVERTON DR

HOLLY ST

BRAGATO RD

TA YLOR WYGLENN WY

QUARRY RD

CITY OF REDWOOD

CITY OF SAN CARLOS

LAUREOLA
PARK

BELMONT CREEK

CALTRAIN

STATION

DOWNTOWN

SAN CARLOS

AIRPORT

0.25 MILE/5-MINUTE WALK
500 1,000 1,500 FT
Light Industrial
Industrial Professional
Planned Development
Zoning

WALNUT ST
Study Area Boundary
Light Industrial
Industrial Professional
Planned Development
Zoning

WALNUT ST
Study Area Boundary
Minimum of 10 ft wide
landscape planting area with
tree screen
Current Zoning (Updated in
2023)
• Most of the Study Area is zoned as Light
Industrial and Industrial Professional under
current zoning.
• Parcels adjacent to single family residential
are subject to Industrial District Transitional
Standards which regulate building height and
setback (see diagram on the next page for
details).

PD-21PD-18
12 Existing Conditions Findings: City Planning Context
PD-21 (no change)
PD-18
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Land Use
Designations
High Intensity Commercial Medium Intensity Commercial
Light Industrial High Intensity Residential
Land Use and Placemaking
32 NORTHEAST AREA
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Land Use Options
Option 1: All Employment Option 2a: Employment + Housing Option 2b: Employment + More Housing Our Goal:

To evaluate and determine a preferred option.

Land Use and Placemaking
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• T o be strategic about new types of commercial
development coming into the district.
• A
n effort to preserve the local businesses that are in the district today.
• T
o leverage new development to deliver community
benefit and help solve critical issues facing the district to support a more resilient and more prosperous future.

Option 1: All Employment Key Attributes
Land Use and Placemaking
34 NORTHEAST AREA
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Option 1
District Gateway Moment
Industrial Main Street
District Gateway Moment
Institutional
Green Infrastructure
Ground Floor Active Use
Ground Floor PDR
Study Area Boundary
Industrial Main St.

Land Use and Placemaking
All Employment
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Institutional
Light
Industrial
Medium Intensity
Commercial
Higher Intensity
Commercial
Medium Intensity
Commercial
Land Use and Placemaking
All Employment
Option 1
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Ground Floor PDR
Light Industrial
Study Area Boundary
High Intensity Commercial*
Medium Intensity Commercial*
Institutional
Ground Floor Active Use
Park
Land Use and Placemaking
All Employment
Option 1
*Light Industrial is allowed in these zones
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• H ousing supply and affordability in San Carlos is a critical issue.

T
he City has a responsibility to identify more areas where housing could be built over the next 10-20 years to support current and future residents.
• T
he southern portion of the district is an appropriate candidate for future housing as its within walking distance to public transit,

El
Camino, and Downtown.
• W
ith new land uses comes investment in critical social
infrastructure and community amenities to support a growing City.

Option 2a and 2b: Employment + Housing Key Attributes
Land Use and Placemaking
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Institutional
Green Infrastructure
Ground Floor Active Use
Study Area Boundary
Community Main St.

Community Amenity
Park
Land Use and Placemaking
Employment +
Housing
Option 2
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Institutional
Medium Intensity
Commercial
Residential
Mixed-Use
Land Use and Placemaking
Employment +
Housing
Option 2a
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Land Use and Placemaking
Employment +
Housing
Option 2a
Community Amenity
Study Area Boundary
Residential Mixed-Use
Medium Intensity Commercial*
Institutional
Ground Floor Active Use
Park
*Light Industrial is allowed in these zones
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Institutional
Medium Intensity
Commercial
Land Use and Placemaking
Employment +
More Housing
Option 2b
Residential
Mixed-Use
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Land Use and Placemaking
Employment +
More Housing
Option 2b
Community Amenity
Study Area Boundary
Residential Mixed-Use
Medium Intensity Commercial*
Institutional
Ground Floor Active Use
Park
*Light Industrial is allowed in these zones
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Land Use and Placemaking
All Employment
Option 1
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Land Use and Placemaking
Employment +
Housing
Option 2a
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Land Use and Placemaking
Employment +
More Housing
Option 2b
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Land Use
Designations
High Intensity Commercial Medium Intensity Commercial
Light Industrial High Intensity Residential
Land Use and Placemaking
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Community Feedback
on In Progress Options
5 48

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Community Feedback on In-Progress Options:

Flooding & Resilience
Support
• Widenin g the setback along Belmont
Creek
•
C
apturing and recycling water
•
Impr
oving air quality
Concerns
• Pr acticalities of a 50-foot setback for
Belmont Creek
Needs Identified
• R egional collaboration to address
flooding issues
•
F
easible projects to address short-term
needs
49 NORTHEAST AREA
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Support
• R efining the scale of the street grid
•
Man
aging on-street parking
•
P
edestrian facilities (sidewalks and
crossings) and bikeways
•
C
altrain electrification
•
Cr
eating a Transportation Management
Agency and micromobility services
•
Gr
een infrastructure
•
Ext
ending the East Side Connect Project
Concerns
• Imp acts of the proposed Bragato Road
extension, Community Main Street, and
alleyway alignments on parcels and
property values
•
L
ocation of the proposed alleyways
which may make siting buildings difficult
Needs Identified
• F rom property owners: Clarity on
property-owner liability for publicly-
accessible pedestrian paseos located on
private property
•
F
rom residents: Ensuring the pedestrian
paseos are publicly accessible
•
Clarit
y on what is allowed on the
paseos (walking, bicycling), especially if
connected to the neighborhood
•
Impr
oving the Holly Street and
Old County Road intersection for
pedestrians and bicyclists
Community Feedback on In-Progress Options:

Transportation & Parking
50 NORTHEAST AREA
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Support
• Pr oviding ample space for industrial
businesses to continue, thrive, and grow
•
Appr
eciation of the area today – a
centralized location on the Peninsula for
industrial businesses
•
Appr
eciation for the GW Williams office
park on Old County Road, and its small,
affordable spaces
Concerns
• D windling space for industrial
businesses in San Carlos and the
Peninsula
•
L
oss of small, affordable spaces for
industrial businesses
•
L
oss of businesses in the Northeast Area
that support other businesses in the East
Side and on Laurel Street
Needs Identified
• If ar ea is rezoned, clarity around how
businesses can expand if they become
legal non-conforming uses
Community Feedback on In-Progress Options:

Land Use Option 1, All Employment
51 NORTHEAST AREA
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Support
• G eneral support from the community for
housing and the proposed locations in
Options 2A and 2B
Concerns
• If G W Williams office park on Old
County Road becomes residential,
would greatly reduce the number of
small, affordable spaces for industrial
businesses
•
C
onflicts between existing industrial
uses and new residential uses – such
as noise, light, working hours, truck
movements, etc.
•
C
oncerns regarding the location of the
Community amenity space.

Needs Identified
• If ar ea is rezoned, clarity around how
businesses can expand if they become
legal non-conforming uses
•
Clarit
y on the transition between the
existing neighborhood and the new
residential buildings
Community Feedback on In-Progress Options:

Land Use Option 2, Housing
52 NORTHEAST AREA
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Attachment 3. Public Comments, as of September 18, 2023 Public Comment #1
From: Kent Kitagawa
Sent: Friday, August 25, 2023 10:49 AM
To: AdvancePlanning <[email protected]> Subject: Aug 30th second community workshop for the Northeast Area specific plan Hi San Carlos planning committee
Hope this email finds you well
I will not be available to present for the august 30th presentation due to prior commitments.

However, would you be able to keep me updated?
I co-own HomeGrown CrossFit gym on Taylor Way, Suite 5.

We spoke in the past and that area was not targeted in the near future for new businesses.

That said, has anything changed or is the status the same where several landlords on Taylor Way would not be to your interest such as Querry Street?
thanks for your time
Kent Kitagawa

Public Comment #2
From: Ken Grayson
Sent: Saturday, August 26, 2023 9:43 AM
To: AdvancePlanning <[email protected]> Subject: Re: Join us for the second Community Workshop for the Northeast Area Specific Plan on August 30!
Hello Advance Planning Committee,
Thanks for sending this invitation.

Just a heads up that it conflicts with Back To School night for Arroyo (unsure if this may also be back to school night for other schools). Back to School night is from 7-8:30, so I'm unsure if this may impact your attendance. Of the meeting could me delayed an hour, that might help some to attend. Otherwise if you're able to send out notes / takeaways, that would be greatly appreciated.

Also, is a community pool / water Park one of the potential options being considered? Thank you!

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Public Comment #3
From: Larry Firpo
Sent: Tuesday, September 5, 2023 3:41 PM
To: AdvancePlanning <[email protected]> Cc: Larry's Gmail
Subject: Draft options
As an owner of a family business since 1967 I am 100% against the idea of allowing housing in any of the proposals!! Business's like mine are the lifeblood of America and trying to replace the business area for more housing is absolutely ridiculous. Pretty soon you will be pushing "the little guys" across the bridge just to allow more traffic, noise and pollution.

Larry Firpo
J&L Digital Precision, Inc.
551 Taylor Way #15
San Carlos, CA 94070
650-592-0170
650-592-5734 fax

Public Comment #4
From: Miles Hampton
Sent: Saturday, September 9, 2023 8:29 PM
To: Megan Wooley-Ousdahl <[email protected]> Subject: Re: Thank you! Northeast Area Specific Plan comment

I vote for 2b ,work places and extra housing in north area. Miles H.

Public Comment #5
From: Rem Pro Remodeling
Sent: Sunday, September 10, 2023 10:03 AM
To: AdvancePlanning <[email protected]> Subject: “Specific use” for Northeast Area Specific Plan

Good morning, I’ve reviewed your 3 options for the Northeast Area. In my opinion : (Option 1 is the best), it will help the existing businesses and allow “ continued Home support for the residents of San Carlos. ( last years winter for example)

As you know: there are over 150 businesses in the area between Taylor way/ Glenn way & Old County Road.

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Not only is there 150 businesses but hundreds of our employees. We have for decades provided :
emergency services, home maintenance services as well as home upgrade services. ( this was most evident during last years heavy storm season). All residents either being home owners, condos, etc. will or do require our services. Due to our close proximity we have the ability to save them up to 30% on said repairs/Maint.

And increasing the employment in this area would be a great value to the economy. Employing and supporting business and their families.

Regards

Mr. Kevin Upp
Owner & President of :

The REM PRO Remodeling Company

Public Comment #6
From: Rem Pro Remodeling
Sent: Monday, September 11, 2023 3:39 AM
To: AdvancePlanning <[email protected]> Subject: Employment: is/will be a priority

Good morning,
In the upcoming years increased employment will be a priority. People need to be gainfully employed for their well being, to pay for housing, food, fuel, etc.

With increased employment- the downtown area will thrive. These businesses and their employees will spend both time and their income in the new downtown area. This will be a positive outcome for the businesses & the area in general.

There is “ now” a great need for employment here & I feel that this will only increase as the population does. San Carlos will prosper in many ways & this will increase the standard of living here as well as the general feel of the area.

Regards

Mr. Kevin Upp
Owner & President of :

The REM PRO Remodeling Company

Public Comment #7
From: Paul Alchimisti
Sent: Tuesday, September 12, 2023 10:26 PM
To: Megan Wooley-Ousdahl <[email protected]>; Janet Castaneda <[email protected]>; Kristen Clements <[email protected]>; Ellen Garvey

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<[email protected]>; Jim Iacoponi <[email protected]>; [email protected]
Subject: 266 Industrial Road property owner
Hello, my name is Paul Alchimsiti. My family is the owner of 266 Industrial Road. We have owned the property for over sixty years. My father and I have successfully run our businesses from this location for sixty years. My two business partners and I have lived in San Carlos for over forty years. We have all raised our children here. We love the community. Our company has created jobs and livelihoods for thirty employees and their families. Our business is growing and will continue to expand in the near and long term future.

With excitement, we have watched the growth in Biotech & Life Science technology in the San Carlos industrial area. Being recognized as a world leader in the Life Science industry is something that San Carlos residents can be very proud of. As business and property owners we are concerned that the city’s planning objectives do not consider the value of continuing to develop this area as a world leader in Biotech and Life Science.

We are concerned that the Northeast Industrial area has been randomly sectioned off to solve the city's planning needs for additional housing while other areas, such as the industrial area south of Holly, have been ignored.

As owners of 266 Industrial Road, we are concerned that all three planning options proposed by the planning department will encroach on our property and potentially devalue it. All three proposals impact our property and building.

In all of the options, the extension of Bragato Road goes through the southside of our building.

The construction of the green infrastructure runs the length of our north side. And in options 2 and 3 the new community main street cuts through our property to the west.

If any of these plans moved forward the size of our property is diminished. I assume that future buildable space would become smaller.

I have comments and questions for your consideration.

1. In all options, Bragato road runs from Old County to Industrial directly through our property and Putnam’s property. Why extend Bragato when Quarry Road and Taylor Road already connect Old County to Industrial?

2. Does the new Bragato Road extension impact 266 Industrial’s structure/building? How wide is the road and how much property is taken from 266 Industrial?

3. Is San Carlos considering using Eminent Domain to build Bragato road? In essence is the city planning on taking property from the current owners to complete the proposed plans? How will property and business owners be compensated for their property? How will we continue to run our business if you take a critical part of our structure?

4. If Eminent Domain was enforced our building and business would be threatened. How can the city justify the destruction of a long standing San Carlos business?

5. Because the proposed roads and green infrastructure affect multiple neighboring properties, how do these future plans work if no one sells their land? For example, if we never sold 266 and Putnam sold their property, will the road be built on Putnam’s property? Some of the commentary during the presentation suggested that plans would only start to take place after the future sale of a parcel. We are very confused on this as the infrastructure development could only take place if everyone sells and/or wants to develop their land.

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6. On option two and three there is a proposed main street road going through the backside of our property. Same questions apply as above.

7. How much of our property, in each proposed plan, would be taken?

8. What is the FAR on high intensity vs. medium intensity properties? Why is 266 medium intensity when the neighboring properties are high intensity. This would need to be discussed at length. If plans were to move forward we would want our zoning changed to high intensity to not limit the potential of our land.

We do not want to hinder progress and see that the area can use some redevelopment. But, progress at the expense of individual family property owners and community members should be considered when changing the landscape of the area. We have supported this community and it has in turn supported us for decades. Thank you for your consideration.

Respectfully yours,
Paul Alchimisti

Public Comment #8
From: Kate Fickle
Sent: Wednesday, September 13, 2023 2:22 PM
To: Megan Wooley-Ousdahl <[email protected]> Cc: Lisa Porras <[email protected]>; Al Savay <[email protected]>; Jerry Dean Carroll Sr.

Subject: Northeast Area Specific Plan - Feedback for Planning Commission My husband Jerry Carroll and I own an industrial property in the Northeast Area (501 Bragato Road).

We have participated in the process of developing the Specific Plan in our role as property owners. We have attended several meetings for community members and we have provided input to the planning team.

We do not believe the plan is ready for Planning Commission or City Council approval for the following reasons:

1. The first review of the draft plan with the community was August 30, barely two weeks before the scheduled Planning Commission and City Council approvals. We do not believe this is sufficient time to comprehensively gather feedback.

2. The Zoom call to introduce the plan on August 30 had technical flaws that meant that at least some property owners could not access the call or were “dumped” from the call before the details of the plan were revealed.

3. It appears that many of the property owners in the Northeast Area are just becoming aware of the plan, or are not yet aware of the plan. The planning team has communicated with property owners through mass mailings and, more recently, gatherings, but many property owners are just beginning to realize that the plan goes far beyond re-zoning.

4. We were surprised to learn after the plan’s unveiling on August 30 that significant new infrastructure (new roads, productive alleys, pedestrian paseos, green streets, and internal green channels) is being proposed in the area. This infrastructure includes two roads (“new north-south street” and new productive alley) that crisscross our 501 Bragato Road parcel.

These two roads carve our 1.6-acre parcel into four pieces. All of these rights of way require

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condemning private property for public purposes. This is likely to have a dramatic impact on the uses to which the properties can be put for owners such as us and tenants, particularly in the event of the sale of a property.

5. The Northeast Area is not a single, green field site as have been many of the others under development in San Carlos.

6. Property owners were not warned that the Specific Plan would contain elements such as roads and alleys that might directly impact their ability to use their property now or under a new owner. Changes like this require more than a few weeks to evaluate.

7. With the exception of the roads, all the new infrastructure introduced in the plan would be publicly accessible private property. Easements would have to be created for the space re- allocated from other productive activities. Property owners would presumably be responsible for constructing the alley, paseo, green street or green channel at what could be a considerable cost. Additional costs may also be incurred for the new security, privacy, maintenance, and liability issues that publicly accessible private property would entail.

8. Our understanding from city staff is that the city does not have the funds to acquire the property that would go into the new roads and alleys. City staff appears to be assuming that future developers would be required to build around these restrictions.

9. The planning team is conducting a survey to determine whether community members prefer the “employment only” or “employment plus housing” land-use scenarios. This sets an expectation with the community at large that somehow the proposals for flooding and resilience, and transportation and parking, are a done deal. Nothing has been done that we are aware of that determines whether these proposals are in fact feasible.

10. We believe many of the properties in the Northeast Area are owned by families with deep roots in San Carlos and the immediately surrounding area. They, like we, have spent their lives making San Carlos the City of Good Living that it is. We are disappointed that the property owners are treated as no more than just another anonymous community member.

11. The planning team has not specifically sought out property owners to work with them to determine the feasibility of the plan. The plan is only feasible if a few large developers step in to buy out the entire Northeast Area and build an all-new city within it. The city may be aware of such a developer, but we property owners are not.

In conclusion, we believe that the Northeast Area Specific Plan is not ready for Planning Commission or City Council review, much less approval. We believe the City needs to be much more specific about how it intends to acquire the resources to implement the significant infrastructure included within the plan.

In addition, the City needs to spend more time with current property owners and potential developers to determine the level of interest in executing the plan and to develop likely implementation timelines. If these activities are not successful, the plan in its current form should be stripped of the new infrastructure. We also specifically ask that the “new north-south street” and the productive alley that crisscross 501 Bragato Road be re-routed so as not to impact our property.

Please let me know if you have any questions.
--

KATE FICKLE

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Public Comment #9

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Public Comment #10

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Public Comment #11

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Public Comment #12

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Public Comment #13

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Public Comment #14

From: Clint Sholl
Sent: Monday, September 18, 2023 9:20 AM
To: Janet Castaneda <[email protected]>; Kristen Clements <[email protected]>; Ellen Garvey <[email protected]>; Jim Iacoponi <[email protected]>; [email protected] Cc: Megan Wooley-Ousdahl <[email protected]> Subject: Northeast Development Plan
To the Members of the Planning and Transportation Council, I am writing on behalf of G. W. Williams, a major stakeholder in the Northeast Area Redevelopment Plan currently under consideration. We recently met with Lisa Porras and Megan Wolley-Ousdahl to have the current understanding of the project proposals explained to us and they recommended that we reach out to you with our related comments.

While the city’s motivation for wanting to add housing to the area has been explained to us, we remain in staunch opposition to the move. Judging by the provided maps (for options 2a and 2b), no other property owner will be nearly as affected as we will, with the entirety of our two large industrial parks fully encompassed by the plan. We understand that we will be allowed to continue our current operations under the existing non-conforming allowances, however these rules, as they currently stand, would prevent us from certain actions we may wish to pursue in the future in order to maximize our use/value of the assets. While these limitations are numerous, to call out just a few:
1) We would be prohibited from making material improvements on the site under its current use, essentially placing a time limit on how long these units could function under their current use 2) We would be subject to occupancy requirements in order to maintain the existing non- conforming status – currently a vacated unit must be filled by a similar use within six months to maintain this status. While that might make sense if we were discussing single-tenant assets, the assets in question comprise over 200 units. While we steadily maintain our target 5% vacancy among these units, sometimes particular units may take longer than six months to re-rent.

Requiring that these individual units must then remain vacant in perpetuity seems to run counter to both our needs as well as the city’s.
3) Even if we were to concede and attempt to sell the properties, we would realize an extreme reduction in value as any buyer would know that they have limited functionality under the current use, and if they wished to tear down the current buildings and construct housing, the cost of this would be deducted from their offered purchase price.

While it is our hope that Option 1 is recommended and we are able to continue unincumbered industrial operations, it has been made somewhat apparent through the various meetings we have attended that the city intends to proceed with re-zoning the area. Assuming that this is the case, we really need, at a minimum, an understanding of how the city plans to facilitate this process. If our future options are going to be essentially hemmed in, we would expect that the city will offer some sort of incentives to mitigate the operational/value roadblocks that will be placed before us. What will this look like? What

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will the specific terms of our existing non-conforming use be? How will the city work with our existing tenant base as we move forward?
We do not wish to be multi-family developers or owners in this area. The execution of this plan both limits our future options with the properties and reduces their value. The industrial parks have served the local community for more than 50 years and we would expect, at a minimum, that the city would take great care in helping to mitigate these issues, especially since our company is far more adversely affected than any other stakeholder.

Thank you for your consideration.

Thank you,
Clint Sholl
Vice President of Operations
G.W. Williams Co.
3190 Clearview Way, Suite 200
San Mateo, CA 94402
(p) 650.372.9711
(c) 415.317.0789

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 25, 2023
ITEM TITLE: Consideration of Adopting a Resolution Finding that Hiking and Pedestrian Use of the One-Foot-Wide Non-Access Strip and Easement at the End of Los Vientos Way Dedicated to and Accepted by the City of San Carlos is Consistent with the Public Use Granted.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution finding that hiking and pedestrian use of the one-foot-wide non-access strip and easement at the end of Los Vientos Way dedicated to and accepted by the City of San Carlos is consistent with the public use granted.

FINANCIAL IMPLICATIONS:

There is no fiscal impact and no additional appropriation is needed.

BACKGROUND:

In 1979, as part of a new parcel map Parcel C for road purposes and Parcel D, a one foot wide non- access strip, also described as an easement (See Figure 1) at the end of Los Vientos Way, was dedicated to the City of San Carlos for public use. At the time, the property located immediately to the west was privately owned and the “non-access” strip would prohibit the extension of any road and vehicular traffic. At the end of Los Vientos Way, and behind the non-access easement, is an existing gate (see Image 1) that limits access to the site from Los Vientos Way. In 1983 the land west of the non-access strip was acquired by Midpeninsula Regional Open Space District (“Midpen”) and the gate is now controlled by them. This land is part of the Pulgas Ridge Open Space Preserve (the “Preserve”) which contains trails within the regional trail system (See Image 2).

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Figure 1. Parcel Map - 1979
Figure 2. Close up of Non-Access Easement and Dedication Language

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Image 1: View Looking Towards Gate from Los Vientos Way Image 2: Aerial View of the End of Los Vientos Way and the Greater Pulgas Ridge Open Space Preserve
The approved subdivision map from 1986, which divided the parcel map into specific lots, carried this same language over and continued to refer it as an easement for public use on the map itself.

The City Council accepted the dedications for public use by Resolution on February 10, 1986 as reflected on the map.

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Figure 3. Subdivision Map – 1986 and Dedication Language On September 28, 2010, there was a Special Meeting of the Midpeninsula Regional Open Space District Use and Management Committee on site at Los Vientos Way. This meeting also included members of the City Council, representatives of Midpen, and neighbors to discuss the possibility of creating an access point at this location. Thirteen people expressed concerns about traffic, parking, illegal activities, fire danger, dog waste, and noise. Eleven members of the public spoke in favor of the access point. No further direction was given to proceed at that time.

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ANALYSIS:

The Los Vientos Way access location was identified as a top priority in the San Carlos Potential Trail Connections Plan which was revised in 2011, as it eases access between a future Devonshire Canyon trail system and Pulgas Ridge Open Space. The Dusky-footed Woodrat Trail located on the Preserve is located one-tenth of a mile from the gate at Los Vientos (See Image 3).

Image 3: Aerial View of the Termination of Los Vientos Way The City Council has further identified the importance of trails connections within the San Carlos 2023 Strategic Plan, which includes the following:
•Goal 7: The City of San Carlos will explore new recreational opportunities by completing an assessment of parks, open space, and other recreation facilities to support the health and well-being for community members of all ages.
oObjective #3: Assess new opportunities to implement Trails Connection Plan for public trails.

The General Plan includes several Actions and Policies which support the identification and creation of trail connections.
•Action PR-1.7: Investigate acquisition of open space lands or easements to expand trail network, especially in areas adjacent to existing open space. •Policy PR-2.3: Continue to support implementation of trail connections as identified in the City’s Master Plan for Parks, Open Space, Buildings and other Recreation facilities. •Policy PR-2.4: Continue to maintain City-owned open space trails and connections to regional trails.
•Policy PR-2.5: Promote the development of publicly-accessible urban trails throughout the Dusky-footed
Woodrat Trail

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city to provide access to the natural environment and facilitate non-motorized transportation options.

In support of these guiding principles and documents, staff is analyzing possible trail construction as well as access points to existing local and regional trails throughout the City. This included outreach with Midpen who indicated that the City would need to affirm pedestrian access over the non-access strip prior to any decision by Midpen about opening the gate.

If the Council were to adopt this Resolution, Midpen would review opening the gate at an upcoming board meeting within the next three months. The action to open the gate would be the decision of Midpen; however, Council’s adoption of this Resolution would indicate that once the gate was opened, pedestrian access from Los Vientos Way to the existing Pulgas Ridge Open Space trails could occur.

As mentioned above, there were several neighbor concerns mentioned in 2008 when the idea of opening this access point was last discussed. Staff has provided a response to these concerns below:
•Traffic. Staff does not anticipate a large increase in traffic. As noted by Midpen in 2008, there is no formal parking or restroom facilities. This entrance is further away from many of the popular amenities (including the off-leash dog area), and the entrance is at a high elevation, which would result in hikers traveling uphill to end their hike. •Parking. If access is opened, the City could monitor any parking issues that may arise; however, due to the available parking area along both Los Vientos Way and Crestview Drive, staff is not anticipating any overflow parking into the neighborhood. Staff would also consider the cleanup of any brush overhanging the street which may interfere with potential parking along the north side of Los Vientos Way.
•Illegal Activities. Opening up this area to the public would make this area more frequented and less likely to shelter illegal activities. If opened, this access point would become part of the Sheriff’s Office regular patrol.
•Fire danger. Since 2008, Midpen has made significant improvements with regard to fire safety. Their Wildland Fire Resiliency Program has cleared acres of brush below the Los Vientos neighborhood. They also have a fire clearance permit program for neighbors who want to do additional clearance.
•Dog Waste. If opened, the City would install a waste receptacle as well as dog waste bags.

This would be serviced by the City along with other parks in the area. •Noise. Staff does not anticipate significant noise impacts. The Preserve is closed from sunset to sunrise.

Overall, staff anticipates this access point will primarily serve local residential users. The City has a history of managing trail and trail access along public streets at Eaton and Big Canyon parks and there have not been any significant parking or noise issues.

Although a “non-access” strip easement was included as part of the original parcel map in 1979, the most logical intent for the easement was to prevent extension of the roadway for vehicular

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access only. At the time, the land now owned by Midpen was private land and the non-access strip easement prevented extension of the road for future development. Access to the Preserve at the end of Los Vientos Way has been through a gate, first by the former property owner and then by Midpeninsula. Even though Midpen has restricted public access through the gate over the years, San Carlos has never interpreted the easement to prevent access by the employees of Midpen or, by extension, potential recreational users of the district lands should Midpen open the gate for public access.

Midpen has confirmed that apart from the possible opening of the gate and trail access there are no additional facility improvements planned. As the entirety of Pulgas Ridge Open Space Preserve is dedicated to open space purposes, no future roads would be planned in this area.

However, at the time of the parcel map (1979) this space was privately owned and therefore the dedication of a “non-access strip” was a way to prohibit road extension into the property.

The history of development in this area of San Carlos strongly suggests that the easement was granted to San Carlos to prevent a vehicular roadway extension from Los Vientos Way to Hassler Road across adjacent private property that existed at the time. Four years earlier, a similar one- foot-wide non-access “strip” was created at the location where Hallmark Drive in Belmont touches Crestview Drive in San Carlos to prevent through vehicular traffic between Belmont and San Carlos related to developments approved around 1975. This non-access strip at the San Carlos- Belmont border has continuously allowed pedestrian, cyclist and emergency vehicular access, but does not provide for through vehicular traffic. The one-foot width of the easement is identical to the Crestview/Hallmark strip. There is no reason to believe that the easement was intended to prevent pedestrians and hikers or to be treated any differently than the non-access strip at Hallmark Drive and Crestview Drive, which is only about a mile away.

Figure 4. Subdivision Map – Hallmark Drive, Belmont with connection to Crestview Drive

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Figure 5. Close up of Non-Access Strip
Image 4: View of Hallmark Drive/Crestview Drive Non-Access Strip Environmental Review. This project was found to be exempt from the California Environmental Quality Act (CEQA), under Section 15301, Existing Facilities as the project does not propose new development and no construction or earth disturbing activities are proposed. The project does not propose new street parking. Opening of the gate and the addition of signage, garbage cans, and dog waste bags are considered a minor alteration to an existing facility. A Certificate of Exemption has been filed with the project.

Courtesy Notice. A courtesy notice was mailed to the adjacent neighbors with information about how to access the staff report and how to attend the hearing.

ALTERNATIVES:

Options available to the City Council include:

1. Adopt a Resolution finding that hiking and pedestrian use of the one-foot wide non-access strip and easement at the end of Los Vientos Way dedicated to and accepted by the City of San Carlos is consistent with the public use granted; or

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2. Do not adopt the Resolution; or

3. Provide an alternative recommendation.

Respectfully submitted by:

Gregory Rubens, City Attorney
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2023 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

FINDING THAT HIKING AND PEDESTRIAN USE OF THE ONE-FOOT-WIDE NON-ACCESS

STRIP AND EASEMENT LOCATED AT THE END OF LOS VIENTOS WAY DEDICATED TO

AND ACCEPTED BY THE CITY OF SAN CARLOS IS CONSISTENT WITH THE PUBLIC USE GRANTED.

WHEREAS, Los Vientos Way is a public street in the City of San Carlos. At the end of the street is a one-foot-wide non-access strip, also identified as an easement on both the parcel map and the subdivision map (the “Easement”), that was granted to the City of San Carlos for “public use” as part of the subdivision; and
WHEREAS, the Easement was recorded as part of a new parcel map in 1979 and further accepted by action of the City Council when the subdivision map was approved on February 10,1986; and
WHEREAS, the history of development in this area of San Carlos strongly suggests that the Easement was granted to San Carlos to prevent a vehicular roadway extension from Los Vientos Way to Hassler Road across adjacent private property that existed at the time. Eleven years earlier, a similar one-foot-wide non-access “strip” was created at the location where Hallmark Drive in Belmont touches Crestview Drive in San Carlos to prevent through vehicular traffic between Belmont and San Carlos related to developments approved around 1975. This non-access strip at the San Carlos and Belmont border has continuously allowed pedestrian, cyclist, and emergency vehicular access, but does not provide for through vehicular traffic. The one-foot width of the Easement is identical to the Crestview/Hallmark strip. There is no reason to believe that the Easement was intended prevent pedestrians and hikers or to be treated any differently than the non-access strip at Hallmark Drive and Crestview Drive, which is only about a mile away; and
WHEREAS, in 1983, the land on the south side of the Easement became part of the Midpeninsula Open Space District (“Midpen”) as the Pulgas Ridge Open Space Preserve (the “Preserve”). As a result, no public vehicular roadway will ever be constructed from Los Vientos Way into the Preserve; and
WHEREAS, this project was found to be exempt from the California Environmental Quality Act (CEQA), under Section 15301, Existing Facilities as the project does not propose new development and no construction or earth disturbing activities are proposed. The project does not propose new street parking. Opening of the gate and the addition of signage, garbage cans, and dog waste bags are considered minor alterations to an existing facility. A Certificate of Exemption has been filed with the project; and
WHEREAS, since San Carlos accepted the easement on September 24, 1979 and again on February 10, 1986, access to the Preserve at the end of Los Vientos Way has been through a gate, first by the former property owner and then by Midpen. Even though Midpen has restricted public access through the gate over the years, San Carlos has never interpreted the Easement to prevent access by the employees of Midpen or, by extension, potential recreational users of the district lands should Midpen open the gate for public access.

WHEREAS, the Preserve is located in the City of San Carlos Local Agency Formation

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Commission (LAFCO) sphere of influence; and
WHEREAS, after acquisition of the property, Midpen constructed the Dusky Footed Woodrat trail which is approximately 175 meters from the existing gate. An existing path connects the gate to the trail. An access point to the Dusky Footed Woodrat Trail from the existing gate is consistent with the goals and mission of Midpen and the General Plan of San Carlos. The Park and Recreation Element of the City of San Carlos identifies this location as a potential trail connection; and
WHEREAS, the San Carlos General Plan has several policies and actions related to the establishment of trails and regional trail connections:
•Action PR-1.7: Investigate acquisition of open space lands or easements to expand trail network, especially in areas adjacent to existing open space. •Policy PR-2.3: Continue to support implementation of trail connections as identified in the City’s Master Plan for Parks, Open Space, Buildings and other Recreation facilities. •Policy PR-2.4: Continue to maintain City-owned open space trails and connections to regional trails.
•Policy PR-2.5: Promote the development of publicly-accessible urban trails throughout the city to provide access to the natural environment and facilitate non-motorized transportation options; and
WHEREAS, the Los Vientos Way access location was identified as a top priority in the San Carlos Potential Trail Connections Plan which was revised in 2011, as it eases access between a future Devonshire Canyon trail system and Pulgas Ridge Open Space; and WHEREAS, opening of the existing gate by Midpen will provide convenient neighborhood access to the upper portions of the Preserve, especially to those physically unable to reach this area from Edmonds Road; and
WHEREAS, the area between the Preserve, Belmont’s trail system, and San Mateo County’s Sheep Camp Trail is a missing link in a larger regional trail system. The San Mateo County Master Trail Plan has for decades included a proposed eastern boundary trail, which the San Francisco Public Utilities Commission concurs is consistent with their recreational use plans; and
WHEREAS, the City has trail easements along the eastern side of Crestview Drive via Vista Park and other lands that will also provide a link for pedestrian and hiking access to the Preserve; and
WHEREAS, trail access across the Easement would be a first step to provide access from the Preserve to the many regional trails in the area, other City trails and the future eastern boundary trail. Until the eastern boundary trail is established, trail users will use Crestview Drive to connect to Belmont’s system and Sheep Camp Trail via Hallmark Drive.

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED BY THE CITY COUNCIL THAT:
a. The above recitals are incorporated by this reference; and

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b. This project has been found to be Categorically Exempt under the California Environmental Quality Act (CEQA), Section 15301, Existing Facilities. A categorical exemption is on file; and
c. Pedestrian and hiking uses over and across the Easement are consistent with the purposes of the dedication for public purposes to the City; and d. A pedestrian and hiking access point into the Preserve over and across the Easement would provide San Carlos residents and the neighborhood with convenient access to the Preserve and provide connections with other regional trails; and e. A pedestrian and hiking access point into the Preserve over and across the Easement is consistent with and will implement the Park and Recreation Element of the San Carlos General Plan; and
f. The opening of the gate by Midpen for access into the Preserve over and across the Easement is also consistent the Park and Recreation Element of the San Carlos General Plan.
* * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 25th day of September 2023, by the following vote:

AYES, COUNCILMEMBERS:_______________________________________________ NOES, COUNCILMEMBERS:_______________________________________________ ABSENT, COUNCILMEMBERS: _______________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
__________________________________
MAYOR of the City of San Carlos

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 25, 2023
ITEM TITLE: Consideration of Adopting a Resolution Setting a Public Hearing for November 13, 2023 to Consider a Four-Year Rate Plan for Residential and Commercial Solid Waste Rates, Including Unscheduled Services, Pursuant to Proposition 218.

RECOMMENDATION:

Staff recommends that the City Council review and discuss options for solid waste rates and adopt a Resolution setting a Public Hearing for November 13, 2023, to pursue a four-year rate plan for residential and commercial solid waste rates, including unscheduled services pursuant to Proposition 218.

FISCAL IMPLICATIONS:

Solid waste collection service costs are covered by the solid waste rates paid by residents and businesses in San Carlos. The cost of these services does not impact the General Fund directly unless the City Council chooses to use General Funds as a subsidy.

BACKGROUND:

The Solid Waste Franchise Agreement (“Agreement”) between Recology and the City of San Carlos requires that the South Bayside Waste Management Authority (“SBWMA”) review the annual Recology Compensation Application (“Application”) for completeness and accuracy. Each member agency reviews the Application, and at the conclusion of these reviews, SBWMA staff issues a report to the SBWMA Board of Directors for approval. This SBWMA staff report (“Report”) includes the cost of solid waste, recycling, and compost collection services by Recology for each of the member agencies. Once approved, the Report becomes binding between each member agency and Recology regarding the amount of revenue that must be paid for solid waste collection services.

The Report estimates the total cost of service, known as the Revenue Requirement, which includes: Recology’s collection cost; disposal expense at Shoreway; and each agency’s franchise and other fees. The Report also includes an estimate of the base revenue before any rate adjustment, which is used to pay for these collection services in the coming year. The difference between the base revenue and the total Revenue Requirement determines the recommended rate adjustments needed by each agency to generate enough revenue to pay for these services as of January 1 st of each year.

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The City of San Carlos last adopted solid waste rate increases in May 2021, which resulted in three years of rate adjustments effective from mid-2021 through 2023. The City’s solid waste rates are currently in the middle range compared with other SBWMA member agencies.

Residential Solid Waste Rate Survey
The following table and chart compare single family residential rates for SBWMA member agencies for 2022. San Carlos’ solid waste rates are currently in the upper middle range for 32- gallon and 64-gallon cart sizes, with rates for 20-gallon and 96-gallon cart sizes below the regional averages. San Carlos is one of the few agencies that has addressed cost of service rate realignment between cart sizes.

Single Family Residential Solid Waste Rate Survey 2022
Monthly Rate per Cart Size
20 gallons 32 gallons 64 gallons 96 gallons
San Mateo $19.19 $28.29 $55.52 $84.69
Foster City 16.36 26.21 52.40 78.62
Menlo Park 28.31 36.64 63.97 91.46
Burlingame 16.13 29.83 59.66 88.54
Redwood City 18.87 34.86 64.20 105.00
Belmont 34.94 41.68 82.06 123.08
North Fair Oaks 36.07 36.07 36.07 84.14
San Carlos 29.07 43.43 66.14 85.46
San Mateo County 35.33 41.99 61.95 88.00
Hillsborough 48.55 56.90 77.86 102.15
West Bay SD (Menlo Pk) 48.75 55.25 72.00 105.00 East Palo Alto All customers billed $52.90 for a 96-gallon cart Average* $30.14 $39.20 $62.89 $94.19
Median* 29.07 36.64 63.97 88.54
San Carlos 29.07 43.43 66.14 85.46
* Average & median exclude East Palo Alto, which only provides 96-gallon carts.

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Factors Affecting Solid Waste Rates
The City’s contractual costs for the provision of solid waste services are significantly increasing in 2024 due to several factors summarized below:
•Increased Solid Waste Disposal Costs at the Ox Mountain Landfill: Costs for solid waste disposal at the Ox Mountain Landfill are substantially increasing. These costs get passed on to all SBWMA member agencies including San Carlos and are reflected in SBWMA’s 2024 Budget.
•New Shoreway Environmental Center Contract: SBWMA’s existing contract for operations of the Shoreway Environment Center terminates at the end of 2023. The existing contract operator has indicated for a number of years that additional cost recovery would be needed to maintain service levels. SBWMA competitively bid out a new contract and selected a new contract operator. As expected, the new contract that starts in 2024 includes significant cost increases for facility operations and regulatory compliance. •Contractual Cost Increases for Recology: Costs for solid waste hauling services are projected to increase by more than 7% in 2024 based on SBWMA’s contract with Recology. •New Bay Area Air Quality Management District Regulations: SBWMA’s 2024 budget includes additional cost recovery for mitigation efforts to reduce methane emissions in order to comply with new air quality regulations. Additional costs for compliance may be needed in future years depending on the level of capital investment needed. •Green Waste Disposal: One of SBWMA’s two contracts for green waste disposal was recently renegotiated, resulting in an increase in disposal costs which are factored in to SBWMA’s 2024 budget.
•Contractual Cost Escalation & Future Costs for Regulatory Compliance: In addition to the increased funding requirements identified above, SBWMA anticipates additional cost increases in upcoming years related to contractual cost increases for solid waste hauling by Recology, operations at the Shoreway Environmental Center, and additional costs for regulatory compliance. To account for these anticipated cost increases, the financial

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projections include a 5% cost escalation in 2025 and 2026, a 4% cost escalation in 2027, and a 3.5% annual cost escalation in future years.

ANALYSIS:

Financial projections developed by consultant Bartle Wells Associates (“BWA”) indicate that the City will need to increase its solid waste rates in upcoming years. BWA recommends that the City continue its historical practice of implementing smaller annual rate increases across all service categories to keep rates aligned with the cost of providing service, while minimizing the annual impact on ratepayers.

Rate Scenario A on the following table details the preliminary recommendation from BWA of 4.5% annual increases, for four years, to cover increased costs and maintain the reserve fund balance at just below 20% of projected expenditures over the next four years. Scenario B provides an alternative with no rate increase in 2024, coupled with higher rate increases in subsequent years to catch-up for the first-year rate deferral. Scenario B is projected to result in a more substantial draw down of the Solid Waste Reserve Fund.

Solid Waste Rate Scenarios
Proposed Solid Waste Rates EffectiveCurrent
Solid Waste
Rates
January 1
2024
January 1
2025
January 1
2026
January 1
2027
Rate Increase Scenarios
A - Gradual Annual Rate Increases 4.5% 4.5% 4.5% 4.5%
B - No Rate Increases in 2024 0.0% 6.0% 6.0% 6.0%
Projected Ending Fund Balances
A - Gradual Annual Rate Increases $2,281,000 $2,290,000 $2,246,000 $2,260,000 % of Annual Expenses 18.7% 17.9% 16.7% 16.2%
B - No Rate Increases in 2024 $1,809,000 $1,483,000 $1,255,000 $1,253,000 % of Annual Expenses 14.9% 11.6% 9.4% 9.0%
Single Family Monthly Charge 32-Gallon Cart
A - Gradual Annual Rate Increases $46.04 $48.11 $50.27 $52.53 $54.89 B - No Rate Increases in 2024 46.04 46.04 48.80 51.73 54.83 Note that deferral of a rate increase in 2024 results in a) drawdown of roughly $1 million of fund reserves over the next 4 years and b) the need for higher rate increases in subsequent years to ultimately support balanced budgets.

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Attachment Q – Rates for Unscheduled Services
The City’s solid waste rates include unscheduled services as defined in Attachment Q of the Agreement. These rates cover a variety of miscellaneous costs for special services, such as backyard service or overage events that the customer is obligated to pay the company. The cost items are separate and distinct from the base Revenue Requirement and are passed directly on to the customers who subscribe to these services in the form of rates set by the City as provided in the proposed Rates for Unscheduled Services. Staff recommends that the rates for the services outlined in Attachment Q be increased at a rate consistent with solid waste cart service scheduled rate increases.

Solid Waste Rate Notice Process
Should the City Council choose a gradual rate increase as outlined in Scenario A above, the next step in the Solid Waste Rate setting process is to issue a notice of the proposed rate increase by September 29, 2023, and then to hold a public hearing for the proposed rate increase 45 days or more after this notice is mailed to the affected rate payers. That public hearing can be scheduled for the City Council’s regularly scheduled meeting on November 13, 2023. Once such a hearing has been held and the new rates have been approved, Recology will put the new rates into effect beginning January 1, 2024.

Staff recommends adopting a series of 4.5% rate increases for all rate classes each year for the next four years. This alternative meets the City’s projected solid waste funding needs, accounts for the cost increases related to legislative, contractual, and service changes, and helps maintain a prudent minimal level of fund reserves.

However, if the City Council wishes to defer the rate increase in 2024, staff has prepared an alternate no rate increase scenario in 2024, followed by a 6% increase each year in 2025, 2026 and 2027, for the Council’s consideration.

Staff also recommends that the Council authorize staff to issue a Notice of Public Hearing in accordance with Proposition 218 detailing proposed rates in the Resolution and the date, time, and location of a Public Hearing proposed to be held on November 13, 2023.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution setting a Public Hearing for November 13, 2023 to consider a four- year rate plan for residential and commercial solid waste rates, including unscheduled services, pursuant to Proposition 218 and provide staff with direction on how to proceed with a rate increase; or

2. Do not adopt the Resolution and do not authorize staff to issue a Proposition 218 Notice; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida, Public Works Director

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Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. Attachment Q - Additional Services

3. San Carlos Solid Waste Rate Projections

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RESOLUTION NO. 2023 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS SETTING A PUBLIC HEARING FOR NOVEMBER 13, 2023 TO CONSIDER A FOUR-YEAR

RATE PLAN FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE RATES, INCLUDING UNSCHEDULED SERVICES, PURSUANT TO PROPOSITION 218.

WHEREAS, the subject of residential and commercial solid waste and recycling service rates was comprehensively discussed by the City Council at its meeting on September 25, 2023; and
WHEREAS, the issuance of a Notice of Public Hearing for increased rates for residential and commercial solid waste collection services is required pursuant to Proposition 218; and
WHEREAS, the proposed new rates for commercial and residential scheduled and unscheduled services would be increased from the 2023 rates by ___% annually in 2024, ___% in 2025, ___% in 2026, and ___% in 2027; and
WHEREAS, the City Council plans to consider these rate increases at a public hearing on November 13, 2023 at 7:00 p.m.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby authorizes the City Clerk to issue a Notice of Public Hearing for November 13, 2023 for an increase in residential and commercial solid waste rates pursuant to Proposition 218. *****
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 25th day of September 2023, by the following vote:

AYES, COUNCILMEMBERS:_____________________________________________ NOES, COUNCILMEMBERS:_____________________________________________ ABSENT, COUNCILMEMBERS:_____________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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ATTACHMENT Q

ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County City of San Carlos
Attachment Q
Additional Services

Page 1 of 5 ends

San Carlos City CouncilSeptember 25, 2023

San Carlos City Council
September 25, 2023