REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, FEBRUARY 6, 2024
5:30 PM
1 AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, February 6, 2024
5:30 PM
THIS MEETING WILL BE HELD VIRTUALLY AND IN PERSON, IS COMPLIANT WITH ASSEMBLY BILL (“AB”) 2449, SIGNED INTO LAW ON SEPTEMBER 13, 2022, WHICH AMENDS GOVERNMENT CODE SECTION 54953 TO PROVIDE AUTHORITY FOR PUBLIC
AGENCIES TO CONTINUE TO HOLD VIRTUAL MEETINGS AND REMAIN IN COMPLIANCE WITH THE BROWN ACT (GOV. CODE §§ 54950 ET SEQ.).
TO PARTICIPATE IN THE ZOOM COUNCIL MEETING LIVE:
https://us02web.zoom.us/j/4614728829
Meeting ID: 461 472 8829
To participate telephonically by calling the number below:
(669) 900-6833
Meeting ID: 461 472 8829#
If prompted to enter a participant ID, press #
TO PARTICIPATE IN PERSON:
City Hall Council Chamber
1 Pendergrass Way
Sand City, CA
How to submit written Public Comments:
If any member of the public would like to provide written comments at the meeting, please do as set forth below.
Written: All comments received before 8:00 am the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Council members at the meeting. Please email your comments to: [email protected].
Read Aloud During the Meeting: Email your comments to [email protected]. When the Mayor opens the public comment period for the relevant agenda item; please indicate the agenda item and title in your email subject line. If you want your comment read aloud, prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence). 2 1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER
5. COMMUNICATIONS
Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency.
The City Council Chambers podium is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise the City Clerk as to which item you would like to comment on and the microphone will be brought to you.
6. CONSENT CALENDAR
The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration.
6A. Approve the City Council Regular Meeting Minutes for December 19, 2023 Minutes
6B. Approve a Resolution Confirming Members of the Sand City Arts Committee Memo
Resolution
6C. Approve a Resolution Confirming Re-Appointments to the Design Review Committee
Memo
Resolution
6D. Approve a Resolution Ratifying Appointments to Various Local and Regional Agencies and Boards Effective February 6, 2024
Memo
Resolution
2024 Sand City Appointments Lisst
6E. Hold Second Reading and Adopt an Ordinance Adding Chapters 1.20 and 1.22, "Administrative Enforcement" and "Administrative Citations" to the Sand City DURING EACH MEETING, members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act at the number provided above. Please use the "raise your hand" option on Zoom, and the City Clerk will call on your name.
3 Municipal Code
Staff Report
Ordinance
7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
8. PRESENTATION
Weighted Vote Formula: Paul A. Sciuto, Monterey One Water General Manager Presentation
9. PUBLIC HEARING
9A. First Reading of an Ordinance Amending Section 2.08.010 of Title 2, Chapter 2.08 of the Municipal Code, "Mayor and City Councilmembers" Increasing the Salaries of City Councilmembers to $950 per month and the Mayor to $1450 per month Effective December 1, 2024
Staff Report
Ordinance
10. NEW BUSINESS
10A. Discussion and Direction regarding the we.Mural Festival 2024 Staff Report
10B. Approve a Resolution Approving Special Event Permit 24-01 for the Bicycle Criterium on April 14, 2024 in the West End District
SR 2024 Bike Criterium
Resolution
Exhibit A Conditions of Approval
Exhibit B Sand City Crit Traffic Control Plan 2024
Exhibit C Indemnity Contract
Exhibit D_Notice of Exemption
10C. Approve a Resolution to Consider Purchase of Tyler Technologies Enterprise Resource Planning Professional (ERP PRO) 10 Financial Software in the Amount of $71,373
Staff Report
Resolution
Tyler Technologies ERP Pro Service Agreement
10D. Approve a Resolution to Amend the Professional Service Agreement With EMC Planning Group, Inc. for Fiscal Year 2023-2024 Adding an Amount Not to Exceed $184,000 for Fiscal Year 2023-2024
Staff Report
Resolution
Draft Contract Amendment
4 Exhibit A Consultants Revised Proposal
Exhibit B Fee Schedule
Exhibit C Insurance Requirements
11. COMMENTS BY COUNCILMEMBERS ON ITEMS OF INTEREST TO SAND CITY
12. ADJOURNMENT
The current agenda is available in PDF format on our website at:
www.sandcity.org
If you have a request for a disability-related modification or accommodation, including auxiliary aids or services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
5 AGENDA ITEM
6A.
Approve the City Council Regular Meeting
Minutes for December 19, 2023
6 1
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, December 19, 2023
5:30 PM
Mayor Carbone called the meeting to order at 5:30 PM.
1. ROLL CALL
Present: Mayor Carbone
Vice Mayor Blackwelder
Councilmember Diaz
Councilmember Hawthorne
Councilmember Sofer
Staff: City Manager Vibeke Norgaard
Police Chief David Honda
Interim City Planner Zane Mortensen
Interim City Attorney Adam Lindgren
City Clerk Kerry Lindstrom
2. PLEDGE OF ALLEGIANCE
Vice Mayor Blackwelder led the Pledge of Allegiance.
3. INVOCATION
No invocation was made.
4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER Mayor Carbone announced copies of the Mayor’s Report and various handouts were placed on the table in the Council Chamber for the public. Mayor Carbone stated Item 9C on the agenda will be continued to the January 16, 2024 meeting. City Manager Vibeke Norgaard provided an updated City Manager’s Report and made it available to the public.
5. COMMUNICATIONS
No public comment was received.
6. CONSENT CALENDAR
No public comment was received.
Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Hawthorne, Council voted to approve the Consent Calendar.
Motion carried by the following vote:
AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
7 2
6A. Approved the proposed calendar of City Council Meetings for 2024.
6B. Approved of City Donation/Contribution to the Monterey County Business Council.
6C. Approved Resolution SC 23-64 to oppose Initiative 21-0042A1. 6D. Held second reading and adopted Ordinance SC 23-04 granting to the California-American Water Company a determinate franchise to construct, maintain, and use pipes and appurtenances, necessary or proper for transmitting water under, along, across or upon the public streets within the City of Sand City.
6E. Held second reading and adopt Ordinance SC 23-05 adding Chapter 18.100 to the Zoning Code relating to Wireless Telecommunications Facilities setting new locational requirements and development standards.
7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
No items were pulled.
8. PRESENTATION
8A. Received Salvation Army Impact Report Presentation from Major John Bennett No public comment received.
8B. Received Code Enforcement Presentation-Discussion and Direction of Code Enforcement Priorities
No public comment received.
Council was provided a list of code enforcement priorities to rate from 1 to 7, with 1 being the top priority. Through Council discussion of code enforcement priorities, Council decided code enforcement should prioritize businesses operating without a conditional use permit and keeping sidewalks free of debris and oversized vehicles that block sidewalks, providing for a more safe and walkable community.
8C. Received TAMC Bike Trail Presentation.
No public comment received.
9. NEW BUSINESS
9A. Consideration and Approval for the Cancellation of the January 2, 2024 Regular City Council Meeting
No public comment received.
8 3
Upon motion by Councilmember Hawthorne and seconded by Vice Mayor Blackwelder, Council voted to approve the cancellation of the January 2, 2024 Regular City Council Meeting.
Motion carried 5-0, by the following vote:
AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
9B. Discussion and Direction Regarding MST Surf! Bus Impacts at the Playa Avenue and California Avenue Intersection
Public comment received from Carl Sedoryk.
Council received an intersection analysis on California and Playa Avenues from Rich Deal, Traffic Engineer. Four scenarios were analyzed in the analysis and Council chose scenario 3 as the best option from the intersection analysis. 9C. Approve a Resolution Approving Conditional Use Permit (CUP 23-006) for the Wonderwall Boutique Hotel at 1714 Contra Costa Street This item was continued to January 16, 2024.
10. COMMENTS BY COUNCILMEMBERS ON ITEMS OF INTEREST TO SAND CITY The Council wished everyone happy holidays.
11. ADJOURNMENT
Council adjourned the meeting at approximately 7:20 PM. ____________________________
Kerry Lindstrom, City Clerk
9 AGENDA ITEM
6B.
Approve a Resolution Confirming
Members of the Sand City Arts Committee
10 MEMO
TO: City Council
FROM: Mayor Mary Ann Carbone
SUBJECT: Confirming Members of the Sand City Arts Committee DATE: February 6, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:
The Sand City Arts Committee was established in 1995 by Resolution SC 95-73 and is a body of 5 members that seek to bring a vision and commitment of the arts to Sand City.
Arts Committee appointments are considered on an annual basis and are appointed by the Mayor, ratified by the City Council, and re-appointed annually before the expiration of their term.
It is recommended that the Council approve the attached resolution confirming members of the Sand City Arts Committee whose appointments will be through January 31, 2025.
ATTACHMENTS:
1. Resolution
11 CITY OF SAND CITY
RESOLUTION SC 24-____, 2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY CONFIRMING
MEMBERS OF THE SAND CITY ARTS COMMITTEE
WHEREAS, Resolution SC 95-73 established the structure and organization of the Sand City Arts Committee; and
WHEREAS, the Sand City Arts Committee is a body of five (5) members; and WHEREAS, the Arts Committee’s function is as outlined in Resolution SC 95-73, including to establish, promote, and enhance artistic endeavors within Sand City and to advise and make recommendations to City Council regarding same; and WHEREAS, according to Resolution SC 95-73, Art Committee members are appointed by the Mayor and ratified by the City Council; and
WHEREAS, Arts Committee appointments are considered on an annual basis and thereby require renewal by the City Council; and
WHEREAS, other volunteers who participate in Arts Committee events and meetings are considered “Friends of the Sand City Arts Committee” and not voting members.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Sand City as follows:
1. Membership for the Sand City Art Committee will be through January 31, 2025, subject to annual appointment and/or reappointment thereafter;
2. The Sand City Arts Committee will follow the policy and recommendations as outlined in Resolution SC 95-73;
3. The following have been recognized as the official Sand City Arts Committee members: Brian Clark, Michelle Djokic, Gregory Hawthorne, and Shelby Hawthorne.
PASSED AND ADOPTED by the Sand City Council on this ____, day of February, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________________
Mary Ann Carbone, Mayor
ATTEST:
12 DATED: _______________________
______________________________
Kerry Lindstrom, City Clerk
13 AGENDA ITEM
6C.
Approve a Resolution Confirming ReAppointments to the Design Review Committee
14 MEMO
TO: City Council
FROM: Mayor Mary Ann Carbone
SUBJECT: Re-Appointments to the Sand City Design Review Committee DATE: February 6, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:
Membership on the Sand City Design Review Committee (DRC) is for a two (2) year term.
Three of the five DRC members’ terms are set to terminate on January 31, 2024.
These individuals are Chris Barlow, Paul Davis, and Elizabeth Sofer. These individuals have served diligently and have positively contributed towards the development and revitalization efforts of Sand City.
RECOMMENDATION:
It is recommended that the Council approve the attached resolution re-appointing members of the Sand City Design Review Committee whose appointments will be through January 31, 2026.
ATTACHMENTS:
1. Resolution
15 CITY OF SAND CITY
RESOLUTION SC 24-___, 2024
RESOLUTION OF THE CITY COUNCIL OF SAND CITY
CONFIRMING RE-APPOINTMENTS TO THE DESIGN REVIEW COMMITTEE WHEREAS, the Sand City's Design Review Committee (DRC) is responsible for performing architectural review of developments, signs, and other design-oriented considerations, consisting of at least five (5) committee members to function and impart a fair and balanced review of design applications; and
WHEREAS, members of the DRC are appointed by the City Council for two (2) year terms and serve at the pleasure of the City Council as specified by Section 18.58.040 of the Sand City Municipal Code; and
WHEREAS, Chris Barlow, Paul Davis, and Elizabeth Sofer have completed another 2-year term of serving on the DRC, and have all positively contributed towards the development and revitalization efforts of Sand City; and
WHEREAS, the current term of service for Chris Barlow, Paul Davis, and Elizabeth Sofer are set to terminate on January 31, 2024, subject to reappointment; and WHEREAS, these three members have been effective and conscientious reviewers of projects within Sand City during their terms, with Paul Davis acting as Chair of the DRC; and WHEREAS, Chris Barlow, Paul Davis, and Elizabeth Sofer have expressed their interest in continuing their membership and participation on the DRC.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby reappoint Chris Barlow, Paul Davis, and Elizabeth Sofer to the DRC for a two (2) year term through January 31, 2026.
PASSED AND ADOPTED by the City Council of the City of Sand City this ____, day of February, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
16 ___________________________
Kerry Lindstrom, City Clerk
17 AGENDA ITEM
6D.
Approve a Resolution Ratifying
Appointments to Various Local and
Regional Agencies and Boards Effective
February 6, 2024
18 MEMO
TO: City Council
FROM: Mary Ann Carbone, Mayor
SUBJECT: Update the Local and Regional Agency Appointments for 2024 DATE: February 6, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:
Each year, the City Council appoints Council and staff to serve on various local and regional agencies throughout Monterey County. The appointed representatives serve to represent the City of Sand City on various local and regional agency boards.
Attached is the proposed list of the designated representatives to serve on those committees.
It is recommended that the Council approve the attached resolution ratifying the appointments for the year 2024.
ATTACHMENTS:
1. Resolution
2. 2024 Sand City Appointments List
19 CITY OF SAND CITY
RESOLUTION SC 24- , 2024
RESOLUTION OF THE CITY COUNCIL OF SAND CITY RATIFYING APPOINTMENTS
TO VARIOUS LOCAL AND REGIONAL AGENCIES AND BOARDS EFFECTIVE FEBRUARY 6, 2024
WHEREAS, the Sand City Council has appointed representatives who have represented the City of Sand City well in the past on their respective board assignments; and WHEREAS, the attached Sand City Appointments List reflects staff and Council appointments to various agencies and organizations; and WHEREAS, the attached Sand City Appointments List has been updated to reflect the changes to appointments of those who have expressed their desire to serve on various agencies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City hereby approves the appointments including changes as listed on the 2024 Sand City Appointments List attached hereto and incorporated herein by this reference.
PASSED AND ADOPTED by the City Council this ___ day of January, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED:
__________________________
Kerry Lindstrom, City Clerk
20 Agency Staff Members Agency Telephone
AMBAG Board: Mayor Mary Ann Carbone; Jerry Blackwelder 883-3750 2nd Wednesday each month @ 6:00 p.m. Technical/Planning: City Manager Vibeke Norgaard; Staff: EMC Ambag: (RAC) Regional Advisory Committee Vacant 883-3750 Airport Land Use Commission Board: Mayor Mary Ann Carbone (Appointment by MCMA) 755-5066 4th Monday each month @ 3:00 p.m. Alternate: Jerry Blackwelder Chambers of Commerce: Sand City/Seaside Board: Libby Sofer; Staff: Mayor Mary Ann Carbone 394-6501 Community Human Services Board: Mayor Mary Ann Carbone, Chair 899-4131 3rd Thursday each month @ 11:00 a.m. Alternate: Marilee Diaz Finance: Mary Ann Carbone League of CA Cities - Legislative Liaison Team Mayor Mary Ann Carbone, President 915-8293 Monterey Bay Division (Elected)
MBAIF/MBASIA City Manager Vibeke Norgaard Alternate: Jennifer Pope Audrey Cray 394-3054 Quarterly or as Needed
MC Convention & Visitors Bureau Community Relations: Libby Sofer 831-657-6409 Quarterly or as Needed Alternate: Libby Sofer
Monterey One Water (formerly: MRWPCA) Chair: Mayor Mary Ann Carbone; Jerry Blackwelder 372-3367 last Monday of each month @ 6:00 p.m.
Mosquito Abatement District Mayor Mary Ann Carbone 373-2483 2nd Tuesday @ 12:00 Noon Alternate: Marilee Diaz
Monterey County Bus. Council Greg Hawthorne; Staff: City Manager Vibeke Norgaard 833-9443
Monterey County Commission on Disabilities Board: Libby Sofer 755-5117 last Monday of each month @ 2:00 pm Alternate: Jerry Blackwelder Monterey County Mayor's Association Mayor Mary Ann Carbone 429-6605 1st Friday of each month @ 12:00 pm Alternate: Jerry Blackwelder Monterey County In Home Support Services Board: Libby Sofer 755-4904 2nd Tuesday of odd numbered months @ 1:30 pm
MoCo Integrated Waste Management Mark Parker 755-8909
Monterey Peninsula Chamber of Commerce;
Government Affairs Committee Board: Libby Sofer
648-5360
4th Monday of each month at 3:30 pm Alternate: Libby Sofer Marilee Diaz Monterey-Salinas Transit District (MST) 1-888-678-8271
2nd Monday of each month @10:00 a.m.
Monterey Regional Stormwater Mgt. Program City Engineer Leon Gomez 646-3799 4th Wednesday of every month @10:a.m.
Monterey Regional Waste Management District
(MRWMD) Jerry Blackwelder; Mary Ann Carbone
384-5313/755-8923
3rd Friday each month @ 9:30 a.m. Tech Comm: City Manager; Mark Parker Monterey Peninsula Water Management District
(MPWMD)
658-5600
3rd Monday of each month @ 7:00 p.m.
Monterey County Oversight Board (SA) Representatives: City Manager; Alternate: Jennifer Pope 394-3054 Sanctuary Scenic Trail Staff: EMC 755-0903
Chair: Mayor Mary Ann Carbone
Alternate: Jerry Blackwelder
Policy Advisory: Mary Ann Carbone Technical
Advisory: City Manager Vibeke Norgaard
21 Seaside County Sanitation District Jerry Blackwelder 899-6200 2nd Tuesday of each month @ 9:30 a.m. Alternate: Mayor Carbone Transportation Agency of Monterey County
(TAMC)
755-0903
4th Wednesday of each month @ 9:00 a.m.
TAC: 1st Thursday of each month
WaterMaster Board
(Seaside Groundwater Basin) Mary Ann Carbone; City Manager Vibeke Norgaard 641-0113
1st Wednesday of each month @ 1:30 p.m. TAC: Mary Ann Carbone / Leon Gomez; City Manager Vibeke Norgaard Budget:
Mary Ann Carbone
Sand City Subcommittees (Ad-Hoc)
City Specials Events Advisory Committees Mary Ann Carbone; Greg Hawthorne Staff: Laura Morales
Coastal Issues & Development
HCP / Habitat Issues Comm. Mary Ann Carbone; Jerry Blackwelder Staff: City Manager Vibeke Norgaard; EMC
Parking Study Greg Hawthorne; Jerry Blackwelder
Staff: City Manager Vibeke Norgaard; EMC
Parks & Open Space Mary Ann Carbone; Jerry Blackwelder
Staff: City Manager Vibeke Norgaard; EMC
Public Facilities
Mary Ann Carbone; Jerry Blackwelder
Sand City Advisory Committees
Budget & Personnel Chair: Mary Ann Carbone; Libby Sofer Alternate: Marilee Diaz Staff:
City Manager Vibeke Norgaard
Arts Committee Greg Hawthorne, Chair; Resident & Business Owner Term Ends 1/31/2025 1 - Year Appointment Brian Clark Term Ends 1/31/2025
Michelle Djokic Term Ends 1/31/2025
Shelby Hawthorne Term Ends 1/31/2025
Vacant
Primary Staff: City Manager
Design Review Committee Chair: Greg Hawthorne Term Ends 1/31/2025 2 - Year Appointment Chris Barlow, Architect Term Ends 1/31/2026 Elizabeth Sofer, Resident Term Ends 1/31/2026
Paul Davis Jr., Architect Term Ends 1/31/2026
Vacant
Staff: City Manager; EMC
Housing Committee Jerry Blackwelder Marilee Diaz
Staff:City Manager Vibeke Norgaard; EMC
Public Safety/Public Works Jerry Blackwelder/ Libby Sofer Staff: City Manager Vibeke Norgaard; Mark Parker, David Honda West End Oversight Committee Mayor Mary Ann Carbone
City Manager Vibeke Norgaard
Police Chief David Honda
Steve Vagnini, West End Coordinator
Libby Sofer
Update: 1/30/2024
Board: Mayor Carbone Alternate: Jerry Blackwelder
BIKE: Libby Sofer
RAIL: Marilee Diaz Maryann Carbone
TAC: Leon Gomez/City Manager
Mary Ann Carbone; Greg Hawthorne
Staff: City Manager Vibeke Norgaard; EMC
22 AGENDA ITEM
6E.
Hold Second Reading and Adopt an
Ordinance Adding Chapters 1.20 and 1.22,
"Administrative Enforcement" and
"Administrative Citations" to the Sand City
Municipal Code
23 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager and Adam Lindgren, City Attorney SUBJECT: Ordinance of the City of Sand City Adding Chapter 1.20 and 1.22 to the Sand City Municipal Code Regarding Code Enforcement.
DATE: February 6, 2023
_______________________________________________________________________ BACKGROUND/DISCUSSION:
On January 16, 2024, the Council introduced and conducted a first reading of an ordinance for the addition of Chapter 1.20 and 1.22 to the Sand City Municipal Code regarding Code Enforcement. To enforce violations of the City’s Municipal and other Uniform Codes more effectively, staff recommends incorporating administrative enforcement tools into the City’s Municipal Code. To accomplish this, the following two chapters are proposed to be added to Title 1: “Administrative Enforcement,” and “Administrative Citations.”
The Sand City Municipal Code (SCMC) currently provides that any Municipal Code violation is considered a “wobbler”, meaning that a violation of any provision of the SCMC may be charged and prosecuted as either an infraction or misdemeanor. As an enforcement tool, a misdemeanors is a fairly severe form of prosecution and burdensome to administer. Infractions are usually a preferable option to misdemeanor enforcement as they carry less severe punishments (fine vs. jail time) and are less administratively burdensome than misdemeanors. Infractions may be fully prosecuted following an arrest, but peace officers may also issue a citation when an infraction is a violation of a local ordinance or municipal code. The resulting citation may be processed by the Traffic Court in the Monterey County Superior Court, in the same manner as traffic citations. The court will impose the fines, referred to as “bail,” that a city has on file with the court.
Local agencies sometimes use an administrative citation process to enforce violations of municipal codes or agency ordinances, including real property nuisances. The City currently has an ordinance regulating real property nuisances in Chapter 15.20 of the SCMC. The proposed administrative process avoids the need for appeals to the City Council, ideally allowing violations to be handled more quickly and without the burden and expense involved in a proceeding before the City Council and the courts.
The SCMC contains a number of means of enforcing provisions of the Municipal Code and City ordinance but does not currently provide for an administrative citation process.
Generally, the mechanics of enforcement would be as follows. Authorized staff would be authorized to issue an administrative citation for violations of the SCMC, including the 24 imposition of a fine as set forth in the ordinance. The person cited may then either correct the violation and pay the fine within thirty (30) days or request a hearing.
Payment of the fine is a precondition to obtaining a hearing, except that the recipient of the citation may request a hardship waiver (per State law).
If the person cited requests a hearing, they would present their case in front of a neutral hearing officer designated by the City Manager. A hearing officer is typically an impartial person familiar with mediation procedures and/or municipal laws and regulations. If the citation is upheld at the hearing, fines may be imposed as a remedy. After the hearing, if the hearing officer does not uphold the citation, then the fine on deposit would be returned. If the citation is upheld, the fine amount on deposit shall be retained by the City.
The failure of the recipient of an administrative citation to appear at the administrative citation hearing constitutes a forfeiture of the fine and a failure to exhaust their administrative remedies. The recipient of the citation, if dissatisfied with the result of the administrative hearing officer’s decision, may appeal the decision to the superior court.
Based on our experience with other cities that use a similar process, judicial appeals are rare.
The benefits of this approach are to decrease the amount of administrative process required to seek compliance with local law and the elimination of appeals to the City Council. Instead, appeals would be heard by a hearing officer, with ultimate appeal to the courts. Some enforcement matters might still be appropriate for resolution by the City Council, such as those provided in Chapter 15 for nuisance conditions.
CEQA:
The City Council of Sand City finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) of Title 14 of the California Environmental Code of Regulations because it can be seen with certainty that there is no possibility that this ordinance will have a significant negative effect on the environment.
FISCAL IMPACT:
The City has allocated $5,300.00 to Code Enforcement in the FY 2023-24 budget.
RECOMMENDATION:
Adopt an ordinance adding Sand City Municipal Code Chapters Chapter 1.20 and 1.22 regarding Code Enforcement Procedures.
ATTACHMENTS:
1. Draft Ordinance
25 CITY OF SAND CITY
ORDINANCE NO. SC 24-____, 2024
AN ORDINANCE OF THE CITY COUNCIL OF SAND CITY ADDING CHAPTERS 1.20 AND 1.22, “ADMINISTRATIVE ENFORCEMENT” AND “ADMINISTRATIVE CITATIONS” TO THE SAND CITY MUNICIPAL CODE
WHEREAS, Chapters 1.16 and 15.20 of the Sand City Municipal Code (hereafter “Code”)both contain provisions related to enforcement of the Municipal Code and other local laws, including but not limited criminal, civil and administrative enforcement options for violations; and
WHEREAS, among the tools available for enforcement of the Code and other local laws are the issuance of administrative citations and administrative hearing processes; and WHEREAS, the City of Sand City (hereafter “City”) has the authority to make violations of its ordinances subject to an administrative fine or penalty under Government Code sections 53069.4 and 36901; and
WHEREAS, the City wishes that a violation of any provision of the Code or other City laws may be cited or charged and prosecuted as either an infraction or misdemeanor, and an administrative enforcement process; and
WHEREAS, the City wishes to enact additional administrative procedures that may be used to obtain compliance with the Code and other City laws through the imposition, enforcement, collection, and administrative review of administrative fines or penalties.
NOW, THEREFORE, the City Council of the City of Sand City does ordain as follows:
ADDITION OF CHAPTER 1.20
Chapter 1.20, Administrative Enforcement, of the Sand City Municipal Code is added to read in its entirety as follows:
1.20 Administrative Enforcement
1.20.010 Authority of code enforcement officer.
1.20.020 Imposition of penalties.
1.20.030 Payment and collection of penalty.
1.20.040 Judicial review.
1.20.050 Recovery of costs of abatement.
1.20.060 Cost accounts.
1.20.070 Imposition of liens or special assessments.
SECTION 1.20.010 Authority of Code Enforcement Officer. 26 A code enforcement officer shall have the authority to gain compliance with this code, including the power to issue a notice of violation (“NOV”) or an administrative citation as described in this Title 1, the power to inspect public and private property, the power to record a notice of violation against any affected property, and the power to carry out the provisions of an abatement order.
SECTION 1.20.020 Imposition of Penalties
Any nuisance condition or violation of any provision of this code, including a failure to comply with a term or condition imposed by any agreement, entitlement, permit, license or environmental document issued or approved by or on behalf of the city, or a failure to comply with any county, state or federal law, may subject the responsible party to a penalty imposed pursuant to the city’s general police powers, and/or Government Code Sections 36901 and 53069.4. Whether to impose a penalty shall be within the discretion of the city manager or their designee.
A. The amount of any penalty that may be imposed for a violation that would otherwise be an infraction shall not exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation of the same ordinance within one year, and five hundred dollars ($500) for each additional violation of the same ordinance within one year.
In determining the amount of a penalty, the following factors should be taken into consideration:
1. Duration of the violation;
2. Frequency, re-occurrence, or number of violations by the same person;
3. Seriousness of the violation and/or its impact on the community and/or the degree of culpability of the responsible party;
4. Justification, if any, for the existence, or continuance, of the violation;
5. Whether the violation is susceptible to restoration or other mitigation;
6. Good faith efforts to mitigate the violation or to come into compliance, pursuant to the terms of the NOV or abatement order;
7. Sensitivity of any affected resource;
8. Any profits or other economic benefit realized by the responsible party resulting, directly or indirectly, from the violation;
9. The city’s schedule of administrative penalties currently existing or subsequently enacted; and
27 10. Such other factors as justice may require.
B. Each and every day during any portion of which a nuisance condition exists or continues may be deemed a separate and distinct violation for purposes of setting the amount of penalty to be imposed. Any penalty imposed will accrue on a daily basis from the date the penalty becomes effective until the violation is corrected.
C. Any penalty amount is a debt owed to the city. In addition to all other means of enforcement, a penalty may be enforced as a personal obligation of the responsible party. If the violation is in connection with real property, a penalty may also be enforced by imposition of a lien or special assessment upon the real property, as described in this chapter. Any lien or special assessment imposed upon real property shall remain in effect until the penalty is paid in full.
D. The hearing officer, in his or her discretion, may suspend the imposition of any applicable penalty for a period of time not to exceed sixty (60) days during which the responsible party has demonstrated a willingness to correct the violations listed in the NOV or comply with an abatement order, or has applied for permits required to achieve compliance and such permit applications are actively pending before, or have already been issued by, the city, state, or other appropriate governmental agency, or under any other circumstances that would justify a suspension of the penalty.
SECTION 1.20.030 Payment and Collection of Penalty
A. If a penalty is imposed and the responsible party fails to appeal the penalty as specified in Section 1.22.070, the responsible party shall pay the amount of the penalty within thirty (30) days of the effective date of the penalty, unless an extension of time is requested by the party against whom the penalty is imposed and the request is granted by the city manager or their designee. Any penalty imposed shall be payable to the city, or to a collection agency if the penalty has been assigned to a collection agency pursuant to subsection C. of this section.
B. If the amount of any penalty imposed for a violation relating to an affected property has not been satisfied in full within sixty (60) days of the date due and has not been successfully challenged by appeal or in court, the penalty amount may become a special assessment or lien against the affected property, as provided in Section
1.20.070. If the city elects to make any penalty a special assessment or lien against the affected property, a statement of the amount due, and any additional costs or expenses that may be recoverable as part of the enforcement action, shall be prepared and submitted to the city council for confirmation in accordance with the procedures described in Section 1.20.060.
C. Notwithstanding subsection B. of this section, the amount of any unpaid penalty may be collected by commencement of a civil action to collect such penalty, or in any other manner provided by law for the collection of debts, including assignment of the debt to a 28 collection agency. Subject to the requirements of Chapters 1.20 through 1.22 and other applicable law, amounts assigned for collection are subject to collection agency rules, regulations and policies. The city shall be entitled to recover any and all costs associated with collection of any such penalty.
D. The payment of a penalty by or on behalf of any responsible party shall not relieve such party from the responsibility of correcting, removing or abating the nuisance condition, or performing restoration where required, nor prevent further proceedings under Chapters 1.20 through 1.22 or any other authority to achieve the correction, removal or abatement of the nuisance, or any required restoration.
SECTION 1.20.040 Judicial Review
A. Any responsible party who is aggrieved by a decision of a hearing officer, or of a board, commission, department, agency, or person authorized to render such a decision on behalf of the city pursuant to this Code, and who has exhausted the administrative remedies provided in this code, or any other applicable law, shall have the right to seek judicial review of such decision by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5. A petition for writ of mandate must be filed within ninety days after the administrative decision becomes final (as determined in Code of Civil Procedure Section 1094.6). Notwithstanding these time limits, where a shorter time limitation is provided by any other law, including that set forth in Government Code Section 53069.4 (see subsection E. of this section), such shorter time limit shall apply.
B. This section shall not be deemed to revive any cause of action or grounds for relief through a special proceeding that is barred by law or equity.
C. All costs of preparing an administrative record that may be recovered by a local agency pursuant to Code of Civil Procedure Section 1094.5(a) or successor statute shall be paid by the petitioner prior to delivery of the record to petitioner.
D. Any responsible party against whom a penalty has been imposed and who has exhausted the administrative remedies provided in this code or other applicable law may obtain judicial review of said penalty pursuant to Government Code Section 53069.4 by filing an appeal with the Monterey County superior court, subject to the time limits described therein. Any such appeal shall be filed as a limited civil case.
SECTION 1.20.050 Recovery of Costs of Abatement
The city may elect to recover its costs to abate nuisance conditions or other code violations, including, without limitation, the costs of any appeal hearing, any reinspections required to determine or confirm that compliance has been achieved, production of all staff reports, environmental tests or measurements that are deemed necessary or appropriate by the code enforcement officer, third party inspection(s) or consultant services as deemed necessary by the city and any attorneys’ fees incurred in 29 pursuing enforcement. If the city elects at the initiation of an administrative enforcement action or proceeding to seek recovery of attorneys’ fees, pursuant to Government Code Section 38773.5(b), then the prevailing party shall be entitled to recover attorneys’ fees in an amount not to exceed the amount of attorneys’ fees incurred by the city in such action. Recovery by the city of the costs of enforcement shall be in addition to any penalty imposed on the responsible party.
SECTION 1.20.060 Cost Accounts
A. If any order authorizes the city to abate a nuisance condition or other code violations, the city official responsible for such abatement shall keep an accounting of the cost of abatement along with any other recoverable costs, and shall render a written report (“the cost report”) to the city council showing the cost of removing and/or abating the nuisance condition and describing the work performed. The cost report shall be agendized as a “public hearing” item by the city clerk at a subsequent city council meeting following the required notice periods.
B. At least ten (10) days prior to the submission of the cost report to the city council, the city clerk shall cause a copy of the cost report to be mailed to the responsible party and/or to the owner of the property where the nuisance condition existed. If the nuisance concerns real property, a copy of the cost report shall be mailed to the owner(s) at the address shown for such owner(s) in the most recent tax assessor’s records. The city clerk shall also cause a notice of hearing to be mailed to the same person(s) or entity receiving a copy of the cost report. The notice of hearing shall set forth the date, time and location of the city council meeting at which the cost report shall be submitted to the city council.
C. At the time and place fixed for receiving and considering the cost report, the city council shall hear a summary of the cost report and any objections by the responsible party or property owner against whom such costs are being charged or against whose property an abatement lien or special assessment may be imposed. After considering the cost report and any objections thereto, the city council may make such modifications to the cost report as it deems appropriate, after which the report may be confirmed by order of the city council.
D. At the hearing on the cost report, the city council may also authorize the imposition of a lien or special assessment on the property where the nuisance condition was abated by the city pursuant to this Code.
E. A copy of a council order confirming costs against the responsible party shall be served on the responsible party within ten days of such order. The notice shall be served personally or by United States mail, first-class postage prepaid, and, if by such mail, it shall be sent to the last known address listed on the most recent tax assessor’s records. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by first-class mail, service shall be deemed complete at the time of deposit into the United States mail. Where service is by first30 class mail, a copy of the notice shall also be conspicuously posted at the affected property when reasonably practicable for a period of not less than three calendar days prior to the first date that commencement of corrective action or abatement is to be undertaken. The failure to receive the notice sent via first-class mail shall not affect the validity of any enforcement proceedings under Chapters 1.20 through 1.22. Any responsible party against whom costs of abatement and any other costs are awarded by council order shall have the right to seek judicial review of such order by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5.
SECTION 1.20.070 Imposition of liens or special assessments.
A. Any penalty imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, any administrative costs or other expenses of enforcement, and the cost or expenses associated with the abatement of a nuisance condition that are levied in accordance with Chapters 1.20 through 1.22, whether imposed or levied judicially or administratively, may be enforced by the recordation of a lien against the property of the owner of the real property where the nuisance condition existed. Any such lien shall be recorded in the office of the Monterey County recorder, and from the date of recording shall have the force, effect, and priority of a judgment lien. A lien authorized by this subsection shall specify the amount of the lien, that the lien is being imposed on behalf of the city, the date of the NOV and abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.
B. Before recordation of a lien authorized by this section, a notice of lien shall be served on the responsible party and/or owner of record of the parcel of land on which the nuisance existed, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of lien shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found, after a diligent search, the notice of lien may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Monterey County.
C. Any fee imposed on the city by the county recorder for costs of processing and recording the lien as well as the cost of providing notice to the owner in the manner described herein may be recovered from the owner in any foreclosure action to enforce the lien or upon sale of the property on which the city has placed a lien following recordation.
D. As an alternative to the lien procedure described in this section, any penalty imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, and any costs of enforcement or administration or expenses associated with the abatement of any nuisance levied in accordance with Chapters 1.20 through 1.22, whether imposed or levied judicially or administratively, may become a special assessment against the real property where the nuisance condition(s) existed.
Any special assessment imposed on real property pursuant to this section may be 31 collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary municipal taxes. Notice of any special assessment that is levied on real property pursuant to this section shall be given to the owner by certified mail, and shall contain the information set forth in Government Code Section 38773.5(c). All laws applicable to the levy, collection, and enforcement of municipal taxes, including those described in Government Code Section 38773.5(c), shall be applicable to such special assessment.”
ADDITION OF CHAPTER 1.22
Chapter 1.22, Administrative Citations, is added to the Sand City Municipal Code to read in its entirety as follows:
Chapter 1.22 Administrative Citations
1.22.010 Purpose and application.
1.22.020 Definitions.
1.22.030 Fines.
1.22.040 Contents of citation.
1.22.050 Service procedures.
1.22.060 Satisfaction of the administrative citation.
1.22.070 Appeal of the administrative citation.
1.22.080 Hearing procedure.
1.22.090 Hearing officer’s decision.
1.22.100 Collection of unpaid fines.
1.22.110 Right to judicial review.
SECTION 1.22.010 Purpose and application.
A. Any violation of this code may be redressed with an administrative citation through the proceedings set forth under this chapter, even if any other section of this code prescribes or permits a criminal, civil, or administrative fine or method of enforcement or redress different than that set forth in this chapter.
B. It is the intent of this chapter that an administrative procedure be established as provided under Government Code Section 53069.4 which may be applied to any violation of this code.
C. The proceedings set forth under this chapter shall not be exclusive and may be in addition to any other available criminal, civil, or administrative remedy established under this code or under applicable state law or otherwise. This chapter shall be used at the sole discretion of the city.
SECTION 1.22.020 Definitions.
32 A. “City Manager” shall mean the city manager of the City of Sand City or his or her designee.
B. “Code” means the City of Sand City Municipal Code, Building Code, Zoning Code, and any Uniform Codes that have been incorporated into this Code by reference, as well as any other ordinance of the city.
C. “Enforcement Officer” shall mean any Sand City employee, contractor, or agent of the city authorized to enforce any provision of this code or this chapter. This shall include the city manager, and any person designated as an enforcement officer by the city manager.
D. “Fine” or “fines” shall mean any fines, fees, or penalties assessed or imposed by the city or order of the hearing officer under this chapter, not including administrative costs.
E. “Person” shall mean a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
F. “Responsible Person” shall mean a person or person’s agent, employee, or independent contractor who causes, permits, allows, maintains, contributes, conceals, or aids or abets the property-related code violation, including a property owner of record, property manager, tenant, subtenant, occupant, or any person in possession of property where the code violation exists. Each responsible party shall be jointly and severally liable for any and all fines, fees, penalties, and administrative costs awarded, upheld, assessed, or imposed under this chapter.
SECTION 1.22.030 Fines.
A. The city council may establish the amounts of fines for violations of this code imposed pursuant to this chapter through a schedule of fines established by resolution of the city council. In the absence of such resolution, and except as otherwise provided in this Code, the fines for administrative violations of this code shall be as follows:
1. A fine not exceeding one hundred dollars ($100) for a first violation.
2. A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
3. A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
SECTION 1.22.040 Contents of citation.
Each administrative citation shall contain the following information:
A. Date, approximate time, and address or definite description of the location of the violation(s).
33 B. The code sections or conditions violated and a description of the violation(s).
C. The amount of the fine for the violation(s).
D. An explanation of how the fine shall be paid and the time period by which it shall be paid.
E. Explanation of rights of appeal, including the time within which such claimed violation may be contested and the procedure for requesting a hearing to contest the violation.
F. The name and signature of the enforcement officer issuing the citation; and G. If the violation is one which is continuing, an order to correct the violation and prohibiting the continuation or repeated occurrence of the violation, including an explanation of the consequences for failing to correct the violation as ordered. The explanation of the consequences should state that a separate violation exists for each and every calendar day any violation of any provision of this code is committed, continued, or permitted.
SECTION 1.22.050 Service procedures.
Service of any administrative citations and the notices of correction shall be made as follows:
A. Personal Service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.
B. Service of Citation by Mail. If the enforcement officer does not succeed in personally serving the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt.
Simultaneously, the citation shall be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned. The location of the responsible person outside of Monterey County shall be sufficient grounds for service of citation by mail without first attempting personal service.
SECTION 1.22.060 Satisfaction of the administrative citation.
A. The responsible person must pay the fine to the city within thirty (30) calendar days from service of the citation. All fines assessed shall be payable to the City of Sand City in accordance with the payment instructions on the citation. 34 B. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the city.
SECTION 1.22.070 Appeal of the administrative citation.
A. Time to File an Appeal. Any recipient of an administrative citation may contest that there was a violation of this code or that it continues to exist, or that he or she is the responsible person, by completing a “request for hearing” form and returning it to the city in accordance with the instructions on the form within fifteen (15) calendar days from the date the administrative citation is served or deemed to have been served, together with an advanced deposit of the total fines due. Such “request for hearing” forms shall be made available at no charge at city hall and/or by contact the city clerk. A failure to file a timely “request for hearing” form shall be deemed a waiver of the right to appeal the citation and to seek judicial review. The requirement that the fine be deposited in advance may be waived if an advanced deposit hardship waiver form has been filed and approved in accordance with procedures adopted by the city manager.
B. Return of Deposit. Any administrative citation fine which has been deposited shall be refunded, in whole or in part, to the extent it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
C. Hearing Officer. The city manager shall be authorized to assign a hearing officer to any person or persons, qualified by training or experience, whom the city manager may appoint or who are retained by contract to conduct such hearings. The hearing officer may, but is not required to be, a city employee.
SECTION 1.22.080 Hearing procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be held unless and until a timely “request for hearing” form has been completed and submitted and the fine has been deposited in advance or waived as provided under this chapter.
B. After receipt of the “request for hearing” and fine deposit, a hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than forty-five (45) calendar days from the date that such request is filed in accordance with the provisions of this section. The person requesting the hearing and the city may agree to a hearing date that is either sooner or later than the time periods required herein for a hearing. Unless advanced notice is otherwise waived by the requesting party, the person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing. The failure of any recipient of an administrative citation to appear at the scheduled hearing shall constitute a forfeiture of the fine and be a bar to judicial review of the hearing officer decision based upon a failure to exhaust administrative remedies. 35 C. The hearing officer shall only consider evidence that is relevant to whether the violation occurred, and whether the responsible person has caused or maintained the violation of this code on the date(s) specified in the administrative citation. Such relevant evidence includes, without limitation, staff reports or presentations, oral, physical, and documentary evidence regarding the alleged violation(s), and proposed method of abatement, if any.
D. The hearing is intended to be informal in nature. Formal rules of evidence and discovery do not apply. The city manager may, from time to time, adopt procedures for the format and proceedings of the administrative hearing. The person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation. The city shall have the burden of proof by preponderance of the evidence to establish that the responsible person committed the violation specified in the administrative citation.
E. Each witness, prior to providing oral testimony, shall be sworn by the hearing officer or his or her designee. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party’s cause.
F. The administrative citation and any additional document submitted by the issuing officer/employee shall constitute prima facie evidence of the respective facts contained in those documents. Formal rules of evidence shall not apply.
G. Upon request which provides reasonable advanced notice to the city, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing officer/employee when issuing the citation, as well as any additional materials provided to the hearing officer for the hearing.
H. On the hearing officer’s own discretion or upon request by any party, the hearing officer may continue the hearing and request additional information from any person or witness prior to issuing a written decision. Notice of the continued hearing must be given to each party and shall include the time, date, and place to which the hearing is to be continued.
SECTION 1.22.090 Hearing officer’s decision.
A. After considering all of the testimony and evidence submitted at the hearing or continued hearing, the hearing officer shall issue a written decision setting forth the findings supporting the decision within thirty (30) calendar days of the hearing. The written decision shall include the reasons for the decision.
B. If the hearing officer determines that the administrative citation should be upheld as to a responsible party, then any fine amount on deposit with the city shall be retained by the city. The hearing officer shall impose and assess the prescribed fine against each responsible party.
36 C. In the event of a hardship waiver of the deposit requirement, the order shall also state the date all payments are due and the fine for any late payment for any amount ordered by the hearing officer and that, if the violation continues, the responsible party may be subject to additional fines, penalties, or administrative costs authorized by law.
The order shall also state that fines and penalties shall also be collectible as set forth in this chapter.
D. If the hearing officer determines that the administrative citation should be canceled in whole or in part, then the city shall promptly refund the corresponding amount of any deposited fine, without interest, to that responsible party.
E. The written decision shall be served upon each party in the manner set forth by Section 1.22.050.
SECTION 1.22.100 Collection of unpaid fines.
Failure of any person to pay the fine assessed by an administrative citation within thirty (30) calendar days or such other time limit set forth in the administrative citation, or by the time determined by the hearing officer as provided in Section 1.22.090, shall constitute a debt owed to the city and may be enforced as a personal obligation of the responsible party. Administrative fines shall accrue interest at the same annual rate as any civil judgment in favor of the city, in accordance with Code of Civil Procedure Section 685.010. Interest shall accrue commencing on the twentieth (20th) calendar day after the fine becomes due. In the event a civil action is commenced to collect the administrative fines, the city shall be entitled to recover all costs associated with the collection of the fines, including, but not limited to, staff time and attorney fees incurred in the collection of the fines and those costs set forth in Code of Civil Procedure Section 1033.5. The city may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure Section 680.010 et seq. The remedies set forth in this section are not exclusive, and the city may collect any past due amounts assessed or ordered by all available legal means.
SECTION 1.22.110 Right to judicial review.
A. The decision of the hearing officer shall be deemed the final administrative order of the city.
B. Any person who is aggrieved by the decision of the hearing officer under this chapter may obtain judicial review of such decision by filing an appeal to be heard in the Monterey County superior court in accordance with California Government Code Section 53069.4. A copy of the notice of appeal shall be served in person or by first class mail upon the city clerk. The right to appeal is limited to the terms and conditions set out in California Government Code Section 53069.4. If no appeal is filed with the 37 superior court within twenty calendar days after service, then the written decision is hereby deemed confirmed.
PASSED AND ADOPTED, by the City Council of Sand City, this ___ day of February 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
____________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
____________________________
Kerry Lindstrom, City Clerk
38 AGENDA ITEM
Weighted Vote Formula: Paul A. Sciuto,
Monterey One Water General Manager
39 FOR A SAFE, RESILIENT COMMUNITY
COOPERATIVE
WATER SOLUTIONS
40 JOINT POWERS AUTHORITY
• Formed in 1972 response to improve wastewater treatment standards and protect water quality
• Participating entities formed a Joint Powers Authority (JPA) to govern the regional public utility
• JPA Agreement has not changed substantially since 1979 1972 Cities of Monterey and
Pacific Grove and the Seaside
County Sanitation District
formed original JPA
1975 City of Salinas and the
County of Monterey join the JPA
1979 A new JPA was formed which is the basis for today’s agency. The agreement included the cities of Del Rey Oaks, Monterey, Pacific Grove, Salinas, Sand City, and Seaside, and the County of Monterey including the Castroville County Sanitation District and the Landing County Sanitation District. 1985 Fort Ord Military
Reservation joined the 1979 JPA
1986 Boronda County
Sanitation District joined
the 1979 JPA
1989 Marina County Water
District, now Marina Coast Water
District, joined the 1979 JPA
2 41
EXISTING WEIGHTED VOTE FORMULA
• Any Board Member can call for a weighted Vote (Section 3.04 JPA) • Weighted Vote is based on the population of each member entity • Population for each city, district, agency, or unincorporated area is based on last Official U.S. Census or California Finance Department population estimate
Population # of Votes
0 to 9,999 1
10,000 to 24,999 2
25,000 to 49,999 3
50,000 to 74,999 4
75,000 to 99,999 5
100,000 and above 6
MONTEREY ONE WATER
3 42
CHANGING THE WEIGHTED VOTE FORMULA
To change the weighted vote formula as defined in Article 3.04 of the JPA, the following must occur:
• Approval from the M1W Board: A majority vote of the M1W Board of Directors agreeing to amend the JPA with a new weighted vote formula.
• Approval from all Ten (10) Member Entities: Approval from each member entity, council, or board must occur. Each member’s passage shall follow their voting requirements, e.g. majority approval, but all member entities must individually approve the amendment.
MONTEREY ONE WATER
4 43
MEMBER ENTITY POPULATION DATA
MONTEREY ONE WATER
1970
Pop
1979
WTD
Vote
1979
% of
WTD Vote
1980
Pop 3
1989
WTD
Vote
1989
% of
WTD Vote
2020
Pop
2022
WTD
Vote
2022
% of
WTD Vote
< 10,000 1 4.76% 1,760 1 4.55%
3,235 1 5.88% 4,396 1 4.76% 7,752 1 4.55%
<10,000 1 5.88% < 10,000 1 4.76% <10,000 1 4.55%
1,823 1 5.88% 1,557 1 4.76% 1,592 1 4.55%
20,647 2 9.52% 35,258 3 13.64%
26,302 3 17.65% 27,558 3 14.29% 30,218 3 13.64%
<10,000 1 5.88% < 10,000 1 4.76%
13,505 2 11.76% 15,755 2 9.52% 15,090 2 9.09%
58,896 4 23.53% 80,479 5 23.81% 163,542 6 27.27%
212 1 5.88% 182 1 4.76% 325 1 4.55%
35,935 3 17.65% 36,567 3 14.29% 32,366 3 13.64%
139,908 17 100% 187,141 21 100% 287,903 22 100%
1 2
3 4
Boronda
Attachment 2: Population Data for Weighted Vote Formula by Member Entity 1979 JPA Members 1, 2 1989 JPA Members 3, 4 2022 JPA Members 5, 6,7 Member Entity
Castroville Community Services District
County of Monterey
Del Rey Oaks
Marina Coast Water District
Monterey
Salinas
Sand City
Seaside
TOTALS
1970 US Census data for those entities included in the 1979 JPA formation Population data unavailable for County of Monterey and Moss Landing Community Services District 1980 US Census data for those entities included in the 1987 JPA formation.
Population data for Boronda unavailable.
MiCt WtDitit Citf MilFt Od iddttib
Moss Landing Community Services District
Pacific Grove
5 44
REQUESTED ACTION
Is your entity open to amending the JPA, specifically the formula for the weighted vote?
• If yes, what are your goals in reevaluating the JPA and the weighted vote?
• If no, what is your reasoning for not considering an amendment to the JPA and the weighted vote?
MONTEREY ONE WATER
6 45
Paul A. Sciuto
General Manager
THANK YOU
46 AGENDA ITEM
9A.
First Reading of an Ordinance Amending
Section 2.08.010 of Title 2, Chapter 2.08 of
the Municipal Code,"Mayor and City
Councilmembers" Increasing the Salaries
of City Councilmembers to $950 per
month and the Mayor to $1450 per month
Effective December 1, 2024
47 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager and Adam Lindgren, City Attorney SUBJECT: First Reading of an Ordinance Amending Title 2, Chapter 2.08, Section
2.08.010 to Increase the Salary for the City Council and Mayor.
DATE: February 6, 2024
BACKGROUND:
At the January 16, 2024, City Council Meeting, the Council held discussion and provided direction to staff to draft an ordinance amending Title 2, Chapter 2.08, Section 2.08.010 to increase the salary for the City Council and Mayor.
Sand City currently pays members of the City Council $300 each month. That amount has not been adjusted since 1985 by Ordinance No. 85-05. More recently in 2023, the City adopted Ordinance No. 23-01 to increase the Mayor’s salary by an additional $500.
California Government Code Section 36516 provides that a city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city. In Sand City, this has meant Council salaries have been capped at $300 a month. The compensation schedule in this section has remained unchanged since 1984. On June 29, 2023, the Legislature passed SB-329 in order to address the issue of stagnant compensation for city council members. SB 329 gives city councils the ability to adjust council salaries to keep pace with inflation and the rising cost of living.
The bill also aims to support diversity in city councils because increased compensation can help individuals from across different income levels “receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.”
SB-329 amended the compensation schedule set forth under Section 36516(a)(2) to allow councilmember salaries for cities with populations under 35,000, such as Sand City, to be up to and including nine hundred fifty dollars ($950) per month. Having considered the issue, the City Council has agreed to consider a proposal to increase salaries to this statutory maximum of nine hundred fifty dollars ($950) per month.
Please note that Government Code Section 36516.5 remains unchanged. Section 36516.5 provides that “[a] change in compensation does not apply to a council[person] during his term of office; however, the prohibition herein expressed shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase by 48 virtue of his beginning a new term of office.” Thus, any salary change approved will be effective at the commencement of next councilmember term in December 2024.
SB-329 also amended Section 36516(a)(4) to allow for a city council to increase the salary of council members beyond the amounts provided for in subparagraph (a)(2), but not to exceed the greater of either:
(1) an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary, or
(2) an amount equal to inflation since January 1, 2024, based on the California Consumer Price Index, not to exceed ten percent (10%) per calendar year.
SB-329 added subparagraphs (g)(1)-(3) to section 36516, which creates specific procedures for a salary-increase ordinance, stating: “a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council … At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting. At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.”
DISCUSSION:
The current City Municipal Code section 2.08.010, most recently amended in 1985 set the Council monthly salary at $300 per month. Sand City Municipal Code section 2.08.010 currently reads as follows:
The monthly salary for each Council member shall be $ 300 per month. The monthly salary for the Mayor shall be the same monthly salary paid to each Council member plus an additional $ 500 each month.
In light of SB 329, the City Council provided direction to amend section 2.08.010 in early 2024, effective at the end of 2024, to increase salaries to the current maximum allowed by law, as follows:
The monthly salary for each Council member shall be $ 950 per month. The monthly salary for the Mayor shall be the same monthly salary paid to each Council member plus an additional $ 500 each month.
Currently City Council compensation in area cities is below. Several cities have considered, or are planning to consider in the near future, additional increases to the salaries listed below.
City CC Members Mayor
Carmel-by-the-Sea $160 $160
49 Capitola $660 $660
Del Rey Oaks $75 $75
King City $375 $562
Marina $200 $250
Monterey1 $965.25 $1,417.50
Pacific Grove $420 $700
Scotts Valley $488.67 $488.67
Salinas $600 $800
Santa Cruz $1710 $3420
Seaside $400 $400
Pismo Beach $926.64 $1226.64
Both Salinas and Monterey are considering, or have adopted, an ordinance to increase the salary of councilmembers during their current term. Both cities are charter cities, and are permitted by their respective charters to increase council compensation without having to wait for a new term.2 Charter cities are granted the power to set council compensation under Article XI, section 5 of the California Constitution (“It shall be competent in all city charters to provide, in addition to those provisions allowable by this Constitution, and by the laws of the State for…. the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city). By contrast, Sand City’s charter does not grant the power to choose a different compensation amount or effective date than provided by state law.
CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
FISCAL IMPACT:
There is minor fiscal impact associated with this recommendation. If the City Council adopts an ordinance for the maximum amount provided by law, the estimated cost is $3,000 per month once the new salary takes effect in December 2024.
1 Increased on January 1, 2024.
2 Salinas City Charter: “The monthly salary of the Mayor and the members of the City Council shall be set by ordinance. The monthly salary shall not exceed the amount authorized by State law for cities of a similar size; provided however, that the salary of the Mayor may be set at a higher amount than the salary of the members of the City Council.”;
Monterey City Charter: "The Council may, by ordinance, provide for the compensation of Councilmembers provided that said compensation shall not exceed the amount permitted by State Law for General Law Cities of the same population; may provide for additional compensation for the Mayor; and may provide that increases shall take effect during the term of office of Councilmembers. Monies paid by other agencies to Councilmembers serving on the legislative body of said agencies shall not be considered compensation for the purposes of this section.” 50 RECOMMENDATION:
Staff recommends that council waive reading in full and read by title only; and conduct a first reading of the proposed ordinance.
ATTACHMENTS:
1. Draft Ordinance
5568064.2
51 Ordinance XXX Page 1
ORDINANCE XXX
ORDINANCE OF THE CITY COUNCIL OF SAND CITY AMENDING SECTION
2.08.010 OF TITLE 2, CHAPTER 2.08 OF THE MUNICIPAL CODE, “MAYOR AND CITY COUNCILMEMBERS”
WHEREAS, California Government Code Section 36516 provides that a city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city; and
WHEREAS, the compensation schedule set forth under Government Code Section 36516(a)(1) has not been adjusted since 1984; and
WHEREAS, Sand City Municipal Code section 2.08.010 sets City Councilmember and Mayor salaries at three hundred dollars ($300.00) per month, plus an additional five hundred dollars ($500.00) for the Mayor; and
WHEREAS, the City Council most recently increased the Mayor’s salary in 2023 pursuant to Ordinance 23-01, but the City has not updated City Council’s salary since 1985; and
WHEREAS, on June 29, 2023, the California Legislature passed SB-329, which amended Government Code Section 36516 to increase the maximum amounts of salary that can be approved by city ordinance in order to account for inflation and support diversity in city councils; and
WHEREAS, Government Code Section 36516(a)(2)(A) as amended in 2023 now provides that councilmember salaries for cities under 35,000 in population, may be up to and including nine hundred fifty dollars ($950) per month; and WHEREAS, according to the most recent U.S. Census, as of April 1, 2020, the population estimate for the City of Sand City was 325; and WHEREAS, the City finds that adjusting councilmember salaries would account for inflation and support diversity in the City Council because increased compensation can help individuals from across different income levels receive sufficient income for their service.
NOW, THEREFORE, The City Council of Sand City does ORDAIN as follows:
Section 1. AMENDMENTS
Section 2.08.010 (“Mayor and City Councilmembers”) of Title 2, Chapter
2.08 of the Sand City Municipal Code is hereby amended to read as follows:
2.08.010 Mayor and City Councilmembers.
52 Ordinance XXX Page 2
The monthly salary for each Council member shall be $ 950 per month.
The monthly salary for the Mayor shall be the same monthly salary paid to each Council member plus an additional $ 500 each month.
Section 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.
To this end, provisions of this ordinance are severable. The City Council of Sand City hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 3. Effective Date; Publication. This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in Sand City as required by law.
PASSED AND ADOPTED, by the City Council of the City of Sand City, this ___, day of February, 2024 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
__________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: _____________________
____________________________
Kerry Lindstrom, City Clerk
53 AGENDA ITEM
10A.
Discussion and Direction regarding the
we.Mural Festival 2024
54 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager,
DATE: February 6, 2024
SUBJECT: Discussion and Direction regarding the we.Mural Festival 2024 _____________________________________________________________________ BACKGROUND/DISCUSSION:
The City has held four mural festivals since the first one was held in September of 2020.
In 2023, the City issued a request for proposals (RFP) for mural curators and hired Crystal and Cameron Moberg of Talking Walls who successfully curated the 2023 we.Mural festival. The 2023 we.Mural festival produced six murals in Sand City produced by eight artists, two of which were a local artists. It also involved an art battle involving five additional local artists. The Mobergs have expressed an interest in curating future mural events in Sand City. However, they did provide feedback that they spent an inordinate amount of time trying to locate walls and suggested that this task be taken over by Arts Committee in the event of a future large-scale festival.
Staff would like the City Council to consider and provide direction to staff regarding whether it would: (1) prefer a large-scale mural festival event as it has done in previous years, in which case it would need to direct the Arts Committee to locate enough walls and willing building owners to move forward, or (2) whether it would prefer to have a smaller festival that focused on 2-3 large sites that are known to be available for murals.
The City could still work with the Mobergs to take advantage of their contacts with professional muralists and their public relations strategies to curate the smaller event.
If the latter were a direction the City Council wanted to take, several property managers/owners that have expressed at least an initial interest in having murals on their larger buildings:
The granite rock property has both several walls on California avenue as well as a large Silo that might lend itself well to a mural.
The Salvation Army on California Avenue has a large wall -- though a mural in that location would need to be vetted by Salvation Army Board of Directors. The Arts Committee did previously commission a drawing by artist Leon Keer for that wall that was rejected by the Salvation Army board , but the Salvation Army is still interested in pursuing a mural.
The new Esslen-Oholone park that is being constructed in the South of Tioga development has a wall that would lend itself to a larger mural. The South of Tioga developer has offered to donate $2,000 towards a mural at that location if the City were to decide it wanted that.
FISCAL IMPACT:
55 The budget for the FY 23/24 mural festival was $80,000 and the full amount was expended. Were the City to move forward and have a large mural festival in 2024, it would need to allocate $80,000 to the FY 24/25 budget. If it were to decide instead to have a smaller festival with two-three larger scale murals the exact cost would depend on the artists chosen -- the contract and fiscal impact would be brought back to council at a future meeting.
RECOMMENDATION:
Staff recommends that the Council discuss the we.Mural festival in 2023, and direct staff regarding the following:
1. Whether Council desires to continue the we.Mural festival in 2024 as a large-scale event of a similar size to the 2023 festival (6-8 walls) and a similar budget as the prior year; or
2. Whether Council desires instead to approve a smaller event with a few major walls in the City and work with the Mobergs to bring in a few professional muralists to work on the 2-3 main walls described above. (The exact cost would be something less than a full scale mural festival but the exact cost would still need to be determined and brought back to council for its approval). 56 AGENDA ITEM
10B.
Approve a Resolution Approving Special
Event Permit 24-01 for the Bicycle
Criterium on April 14, 2024 in the West
End District
57 [1] a bicycle race of a specified number of laps on a closed course over public roads closed to normal traffic. “America’s Most Trusted Dictionary.” Merriam-Webster, Merriam-Webster, 1 Jan. 2014, www.merriamwebster.com/.
City of Sand City
STAFF REPORT
TO: Mayor and City Council
FROM: Zane Mortensen, City Planner
SUBJECT: Special Event Permit for Bicycle Criterium 2024 DATE: February 6, 2024
_______________________________________________________________________ BACKGROUND:
An application for a special event permit was submitted by Tom McCullogh (the “Applicant”) proposing a bicycle criterium race within the West End District of Sand City on April 14, 2024. The Applicant has held this event annually beginning on September 11, 2022 and wishes to continue this pattern. Section 18.94 of the Sand City Municipal Code (SCMC) requires City Council review and approval of special event permits with greater than 100 people attending that are not sponsored or put on by the City.
DISCUSSION
The Applicant’s criterium [1] (Merriam-Webster, 2024) event is proposed to take place on Saturday, April 14, 2024 starting at 7:00 a.m. and ending at 6:30 p.m. set up will take place the day prior on Friday, April 13, 2024 from 3:00 p.m. to 7:00 p.m. with the clean-up beginning at the conclusion of the event starting at 6:30 and finishing up at 9:00 p.m. The Applicant anticipates there will be greater than 100 people in attendance as The proposed criterium course is shown on Exhibit B. The race will begin on Ortiz Avenue in front of the Independent, heading east to Holly Street, then turning left and proceeding north to Redwood Avenue, where it turns left again and proceeding west towards Hickory Street. The course veers right on Hickory Street, continuing to California Avenue where it turns left heading west towards Contra Costa Street. The route continues south on Contra Costa and turns right onto Ortiz Avenue heading west to Catalina Street, then turns left on Catalina Street heading south to Elder Avenue, turns left again and heads east to Contra Costa Street. From Contra Costa Street, the route continues north to Ortiz Avenue, turning right and back to the start point/finish line.
The proposed route will effectively cut off traffic through the West End District during the event, with blockades at the Contra Costa Street and Elder Avenue intersection, the Redwood Avenue and Holly Street intersection, and the California Avenue and Pendergrass Way Intersection. The Applicant proposes that race monitors staffed by the Applicants hired security team, will allow local residents and business ingress/egress at those times between races that day. Properties fronting the 300 to 600 blocks of 58 Redwood Avenue, Ortiz Avenue, and Elder Avenue, in addition to the 1800 block of Contra Costa Street (north end) and the homes on Bay Avenue will be blocked by the race course with no other potential for detoured routes. These areas will be dependent upon breaks in between races to ingress/egress. All of Dias Avenue and the 700 block of Redwood Avenue will not be hindered with access available to California Avenue from Holly Street. Homes in the East Dunes fronting Park Avenue, Fell Street, Scott Street, Hayes Street, and Ocean View Avenue will also have access to California Avenue.
Security: The Applicant will be required to retain the services of a private security company for traffic control and crowd management during the entirety of the operation of the event. This should be a condition of approval.
Parking: The submitted route map proposes parking for the event at various points within The Independent’s parking area and along Shasta Avenue, California Avenue, Holly Street, and the 700 blocks of Redwood and Dias Avenues (see Exhibit B). The Applicant has not yet provided the City with evidence that The Independent’s property owner allows them to use that private parking for the Event. Another option that is not indicated in the submitted materials for parking would be the use of City Hall parking as the event occurs on Saturday when City Hall is closed. This would require City Manager and Chief of Police approval and with a Temporary Use Permit.
Traffic Control Plan (TCP): The Applicant has provided a traffic control plan (TCP) (see Exhibit C) that was forwarded to the Chief of Police for review. The TCP states that residents and businesses will be notified both 1-month and 1-week prior to the event about the road closures. Staff supports this effort. Such notifications should include mailings, fliers left at front doors, and posted throughout the West End District wherever possible. (i.e., power poles, public walls, etc.). Course marshals will be established throughout the course at each of the ten (10) course turns to notify pedestrians that riders are coming with the use of red flags. Resident and business ingress/egress will be allowed during those times between races facilitated by the course marshals. No vehicles will be allowed on the course during those races, and races will not begin until vehicles have cleared the course. The TCP also states that signs will be posted 72 hours prior to the event on all applicable streets stating that parking will not be allowed from 5:00 p.m. on April 13, 2024 to 6:30 p.m. on April 14, 2024 (time from the start of set up for the event to the end of the event). The TCP also states that residents of the Independent will have ingress/egress through the back of the Independent’s parking via the TAMC railroad rightof-way to Orange Avenue.
Food/Drink Vendors: The Applicant proposes to have between three (3) to five (5) food vendors located around the start/finish line. Each vendor is required to have Monterey County Health Department permits to operate. Alcoholic beverages are not intended to be hosted by the event or served by any of the vendors. If there were, then both the City and California Department of Alcohol Beverage Control would have to provide approvals and permits.
59 Entertainment and Noise: The Applicant proposes two performers, who are still to be determined (an Event Announcer and Disc Jockey) both occupying the same single stage. The sound check of the amplified sound system will commence the morning of the event at 7:30 a.m. A permit condition for this event includes language stating that “any acoustically amplified noise (voice, music, etc.) as part of the Event shall maintain sound level decibels to a reasonable level as to not infringe upon the residential dwellings within the City. Any and all entertainment related to the Event shall lower acoustically amplified noise by the direction of the Sand City Police Department. No outdoor loudspeaker, record player, amplifier, receiver, horn, radio, jukebox, musical instrument or similar device may be played or operated within the City limits in such a manner that it can be heard at a place 25 feet distant (Ord. 70-64 §1).
Compost, Recycling, Waste: The Applicant proposes three types of collection bins to be used: 1) food waste (organics), 2) recyclable materials, and 3) garbage (solid waste).
There will be twenty (20) waste containers, and will be distributed throughout the spectator viewing areas on Hickory Street and Ortiz Avenue. These waste containers will be picked up by GreenWaste Recovery the day following the Event. This is compliant with SB 1383 regulations at this time. Under SB 1383, large public events that average 2,000 plus persons per day are considered a “Tier 2 Edible Food Generator” and would be required to organize and enact edible food recovery activities after January 1st 2024.
SCMC Chapter 13.04 regulates solid recyclable, and organic material waste, and enables the City to have its exclusive franchise agreement with GreenWaste Recovery for waste collection and State required reporting. The permit for the Applicant’s event will include language that states “The Applicant shall abide by all regulations in SCMC Chapter 13.04 that are applicable to the Event. The Applicant shall coordinate with the City’s franchised waste hauler GreenWaste Recovery (GWR) for the provision of individual collection containers for solid waste (garbage), recyclable materials, and organic materials throughout the event, and shall be responsible for the expenses incurred to provide those containers, conduct waste monitoring, and pick-up services for the Event. The Applicant may utilize volunteers and/or GWR employees (at the Applicants expense) to ensure that the proper materials are placed in the appropriate containers to avoid contamination.” Restroom Facilities: The Event will provide five (5) porta-potties that will be set up in the Independent’s parking area on Saturday the evening before the Event and picked up on the Monday following the Event. The supplier will be Tom’s Site Services. One (1) of the porta-potties will be ADA accessible, which is a condition of the permit.
Event Insurance & Indemnification Hold Harmless Agreement: As a requirement to protect the City, the Applicant is required to obtain event insurance and provide the City a signed/executed Indemnification and Hold Harmless Agreement. The Indemnification and Hold Harmless Agreement will be subject to City Attorney review and approval prior to the execution. As the next event is a few months away (April 2024), staff recommends the Applicant be required to obtain insurance and provide the Indemnification and Hold Harmless Agreement no less than two (2) months prior to the event. Failure to provide these documents as required will be grounds to for terminating the event permit. A 60 “release and waiver of liability, assumption of risk, and indemnity contract” was submitted by the Applicant to City staff on August 22, 2023 (see Exhibit D).
CEQA:
The Event qualifies as a categorical exemption under CEQA (California Environmental Quality Act) Guidelines under section 15304(e), which reads “Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc”. As this event will have no permanent effects on the environment due to the clean up efforts after the conclusion of the event on Saturday April 14th, 2024 will restore the City’s streets that are impacted to their original state.
RECOMMENDATION:
Staff recommends APPROVAL of the resolution to authorize the requested bicycle criterion special event on Friday April 13 from 3:00 p.m. to 9:00 p.m. on Saturday April 14, 2024 with setup the afternoon/evening prior with terms and conditions recommended by staff in the resolution/permit presented for City Council consideration.
ATTACHMENTS:
1. Resolution approving a special event permit (SEP 24-01) for the Applicants Bicycle Criterium Special Event on April 14, 2024.
EXHIBITS:
A. Conditions of Approval
B. Applicants Traffic Control Plan and submitted bike route map with event parking locations
C. Signed “Release & Waiver of Liability, Assumption of Risk, & Indemnity Contract D. CEQA Notice of Exemption
61 CITY OF SAND CITY
RESOLUTION SC ___, 2024
RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPROVING SPECIAL EVENT PERMIT 24-01 FOR THE BICYCLE CRITERIUM ON APRIL 14, 2024 IN THE
WEST END DISTRICT
WHEREAS, the first Bicycle Criterium Special Event in the City of Sand City (the “City”) occurred on Sunday, September 11, 2022 with City Council approval via Resolution SC 22-70 as the beginning of an annual event within the City; and WHEREAS, the Bicycle Criterium Special Even coordinator, Mr. Tom McCullough (The “Applicant”) has made a new application to the City for the third such Bicycle Criterium Event proposed on April 14, 2024, with set up the day prior to the event on April 13, 2024 during the hours of 3 p.m. to 7 p.m. (the “Event”); and WHEREAS, Sand City Municipal Code (SCMC) Chapter 18.94 requires City Council review in the consideration of issuing a Special Event Permit as the Event is expected to attract more than 100 participates and spectators cumulatively, and that special be made on the part of the Applicant; and
WHEREAS, the Applicant has provided a Traffic Control Plan (TCP) to the City, that has been reviewed and substantially approved by the City’s Chief of Police with the condition the Applicant uses on-duty officers as the City does not have a secondary employment policy, to adequately address traffic control and detours to accommodate the Event and ensure public safety; and
WHEREAS, The Applicant will be required to perform and provide sufficient public outreach and notification of the Event’s date, time, and location, as well as, road closures and detours, to mitigate accessibility impacts to Sand City businesses and residents within the West End District of the City as stated in the 2024 Sand City Criterium Traffic Control Plan; and
WHEREAS, the City Council finds that the showings required by Sand City Municipal Code, Section 18.94.030(C), have been sufficiently made and identified by the Applicant in the submitted application and subsequent document(s) provided and/or are otherwise required by the City Council for the Event; and therefore a special event permit may be issued, at the discretion of City Council, for the Event; and WHEREAS, the Event qualifies as a Categorical Exemption under CEQA (California Environmental Quality Act) Guidelines, section 15301 as it utilizes existing facilities; and furthermore, the Event will have no direct or reasonably foreseeable indirect impact upon the environment and is thus not subject to CEQA per CEQA Guideline section 15060(c)(2); and
WHEREAS, the City Council of the City of Sand City has accepted the analysis and conclusions for approving Special Event Permit 24-01 (hereinafter “SEP 24-01”) as discussed in the City staff report, dated February 6, 2024 62 NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby approve and issue SEP 24-01 for a Bicycle Criterium event on April 14, 2024 upon the approval by City Council of the Conditions of Approval (Exhibit A) PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of _____, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
This is to certify that the Special Event Permit (SEP) 24-01 contains the conditions specified by the City Council in approving said permit. ___________________________
Zane Mortensen, City Planer
APPLICANT ACCEPTANCE (SEP 24-01)
The Special Event Permit is hereby accepted upon the express terms and conditions hereof, and the undersigned agrees to strictly conform and comply with each and all terms and conditions therein.
DATED:________________________ BY:________________________ Applicant
63 EXHIBIT A
CITY OF SAND CITY
Special Event Permit SEP 24-01 CONDITIONS OF APPROVAL
Project Name: Special Event Permit for Bicycle Criterium 2024 Hearing Date: February 6, 2024
Purpose: the purpose of SEP 24-01 is to authorize a Bicycle Criterium event within the West End District on April 14, 2024 with set up commencing the day prior on Friday April 13 beginning at 3 p.m. and tear down and clean up to be completed at approximately 9 p.m. the day of the Event, Saturday April 14. The Event involves the closure of specific City streets to establish the Event’s bike route that will be subject to a City Approved Traffic Control Plan and sufficient public outreach and notification of the Event as required and specified by SEP 24-01.
Event Site Plan & Route: The Event shall be executed according to the Event’s site plan submitted by the Applicant, as illustrated in Exhibit B attached hereto and incorporated herein and into SEP 24-01 by this reference. Any alteration in the execution of this plan for the Event shall be subject to City Manager and/or Chief of Police review and written approval. All necessary signage, barriers, and blockades required to facilitate the site plan and route will be immediately removed following the event. This includes the proper removal and/or disposal of any sandbags, and their contents, directly following the event.
Security: The Applicant shall coordinate and provide sufficient security and traffic control for and during the entire Event to the satisfaction and approval of the City’s Chief of Police. Any use of on-duty Sand City Police Officers for the Event that incurs an expense to the City shall be reimbursed to the City by the Applicant. The Applicant shall provide the security plan to the City’s Chief of Police no less than sixty (60) days prior to the commencement of the Event. Failure of the Applicant to arrange, secure, and document the required security and traffic control in the time specified herein shall be grounds for the City termination of SEP 24-01 and cancellation of the Event at the Applicant’s expense.
Parking: The Applicant shall organize and secure sufficient parking for Event Participants and spectators during the Event. Any designated Event parking on City streets and/or properties shall have approval from the City’s Chief of Police as part of a traffic control plan. Any such parking arrangements on private property shall have written authorization to do so from that property’s owner and/or manager with a copy of such written authorization(s) provided to the City’s Planning Department and Chief of Police no less than sixty (60) days prior to the commencement of the Event. Failure of the Applicant to arrange, secure, and document the required parking in the time 64 specified herein shall be grounds for City termination of SEP24-01 and cancellation of the Event at the expense of the Applicant.
Parking Restrictions: Any “No Parking Tow Away” signs for the Event must be posted a minimum of seventy-two (72) hours prior to the Event. It is the Applicants responsibility to organize and coordinate the placement of any/all “No Parking Tow Away” signs with the City’s Public Works and Police Departments. Vehicles will not be towed by the City unless such signs are properly and timely posted as required.
Traffic Control Plan (TCP): The Applicant shall implement and abide by the specifications of the Traffic Control Plan (TCP) as approved by the City’s Chief of Police for the Event. Any modifications deemed necessary to the approved TCP shall be subject to review and approval by the City’s Chief of Police. The TCP shall identify all pedestrian entry, paths, and routes and identify the location of traffic control devices, including signs, fences, and barricades. The Applicant Shall provide and maintain safe pedestrian routes that are protected throughout the entire traffic control area, as identified in the City approved TCP. At those times between Event bike races, City resident and business vehicle and/or pedestrian traffic shall be allowed to traverse the race route to ingress and/or egress the City’s West End District area.
Emergency Vehicle Access: At any time, official emergency vehicles (fire, ambulances, police) need to traverse the Event area in response to an emergency in the performance of their duties, the race shall be immediately suspended and such vehicles and emergency response teams shall be granted access into and/or through the Event area without hinderance or delay.
Food & Drink: All food and beverage vendors shall have an active approved license from the Monterey County Health Department. Copies of all vendor approved Health Department license shall be provided to the City no later than sixty (60) days prior to the Event. Any vendor at the Event that does not have the appropriate or active County Health Department license shall be subject to an immediate to an immediate ‘cease and desist’ order and closure of that vendor’s activities at the Event. Any vendor(s) serving (free or at cost) alcoholic beverages shall 1) first obtain City approval, and 2) shall have all the appropriate licenses/permits from the California Department of Alcohol and Beverage Control (California ABC) with copies provided to the City prior to the Event.
Event Entertainment & Announcers: The Event is authorized to establish one (1) performance stage. The stage and any tents may be subject to inspection and approval by the City’s building and/or Fire Department. Any acoustically amplified noise (voice, music, etc.) as part of the Event shall maintain sound levels decibels to a reasonable level as not to infringe upon residential dwellings within the City. Any and all entertainment related to the Event shall lower acoustically amplified noise at the direction of the City’s Police Department. Sound testing of audio equipment shall not commence prior to 7:30 a.m. on the morning of the Event. The Applicant shall provide the City with a list of sound/audio equipment to be used at the Event. 65 Waste Management: The Applicant shall abide by all regulations in Sand City Municipal Code, Chapter 12.04, that are applicable to the Event. The Applicant shall coordinate with the City’s franchised waste hauler GreenWaste Recovery (GWR) for the provision of individual collection containers for solid waste (garbage), recyclable materials, and organic materials throughout the Event, and shall be responsible for the expenses incurred to provide those containers, conduct waste monitoring, and pick-up services for the Event. The Applicant may utilize volunteers and/or GWR employees (at the Applicants expense) to ensure that the proper materials are placed in the appropriate containers to avoid contamination.
Restroom Facilities: The Applicant shall provide functioning public restroom facilities for the Event’s participants and spectators sufficient to accommodate the expected level of participants and spectators. At least one (1) such facilities shall be ADA (Americans with Disabilities Act) accessible. Signs indicating the availability of these temporary restroom facilities shall be visibly posted. Any portable public restroom facilities and their contents shall be removed from the City no less than one (1) day after the Event.
Public Notification: The Applicant shall perform sufficient public outreach to the businesses and residents within the West End District, informing them of the Event, the Event date, time, and location; the Event set-up and tear down dates and times; traffic management; and road closures and detours for the Event. The Applicant shall provide the City copy of all public outreach materials for the Event.
Financial Obligation: Expenses generated by the Event shall be exclusively the responsibility of the Applicant and/or Event sponsors. Any expense(s) incurred by the City resulting from the Event or failure by the Applicant to abide by the requirements of the Special Event Permit 24-01 shall be reimbursable and paid in full to the City by the Applicant within that period of time specified by City invoice(s), but no less than sixty (60) days after the Event. Failure to reimburse the City in full may lead to legal recourse by the City.
Insurance: the Applicant shall obtain sufficient liability insurance for the Event to the satisfaction of the City Manager and City Attorney. Said insurance shall be effective through the course of setting up the Event, during the Event, and cleanup time after the Event. Documentation of liability insurance for the Event shall be provided to the City Manager and City Attorney for review and approval no less than two (2) months Prior to the Event failure of the Applicant to secure such liability insurance, as required, shall be grounds for City termination of the SEP 24-01 and cancellation of the Event at the expense of the Applicant.
Indemnification and Hold Harmless Agreement: The Applicant shall provide a fully executed Indemnification and Hold Harmless Agreement to the City Manager, City Attorney, and City’s Chief of Police no less than two (2) months prior to the Event. Said Indemnification and Hold Harmless Agreement shall be to the satisfaction of the City Attorney prior to execution. Failure of the Applicant to execute an Indemnification and 66 Hold Harmless Agreement and provide said document to the City, as required, shall be grounds for City termination of the SEP 24-01 and cancellation of the Event at the expense of the Applicant.
Public Health, Safety, and Welfare: The Applicant shall conduct the Event in such a manner, to the best of the Applicants ability, that does not pose a threat to the general public’s health, safety, and welfare.
Encroachment Permit: The Applicant shall obtain a Sand City Encroachment Permit for the Event from the City’s Engineer prior to the Event. Failure of the Applicant to acquire an encroachment permit from the City’s Engineer shall be grounds for termination of SEP 24-01 and cancellation of the Event at the Applicant’s expense.
Vendor Listing and Business License: The Applicant shall provide the City with a list of all venders participating in the Event. Said list shall consist of business names, contact name(s), contact phone and/or emails. All vendors selling goods, food, and beverages, etcetera at the Event shall obtain a business license and pay City business license fees prior to the Event. Any vendor operating at the Event without a valid business license shall be subject to a ‘cease and desist’ order and closure of that vendor’s activities at the Event.
67 Exhibit B
Sand City Criterium
Traffic Control Plan
Traffic and pedestrian control is one of the most important details when putting on a bike race. We are confident that we have adequate staffing and we will communicate to residents and businesses to effectively negate any potential issues regarding access, as well as, vehicle and pedestrian traffic.
Below are the key points ensure public safety, optimal traffic flow and a smoothly operating event both leading up to and on the day of the race:
● Residents and businesses will be notified of the event one month and one week prior to the event by mail.
● Resident and business egress/ingress will be allowed during the time between races and facilitated by volunteer Course Marshals.
● No vehicles will be allowed on the course during each race. If there are vehicles on the course, the race will not begin until they have been towed or moved by the owner.
● 72 hours prior to the event, signage will be posted on all applicable streets stating that parking will not be allowed from 5pm July 22 to 6pm on July 23. The police will notify a towing company to tow any cars that are parked on the course and pose a possible threat to riders. In addition to the “no parking” on the signs, there will be a notice of road closure on April 10, 2024. ● The course will be marked with yellow tape and barricades at the start/finish to prevent pedestrians from crossing during the race.
● Course Marshals will be placed throughout the course to assist with crowd control. A course marshal will be placed at each of the ten turns to notify pedestrians that the riders are coming. This will be done by raising a red flag. ● Volunteer management: all of the Monterey Bay Race Team (20+) will volunteer for pre-race, race management or post-race clean up. In addition, we will seek volunteers from the cycling community (e.g. Naval Postgraduate School Cycling Club, Monterey Velo Club) to ensure we have sufficient personnel and coverage of all time slots.
Parking is identified with “P” on the course map below and is located on the north and south ends of the course. Attendee parking will be clearly identified with street signage and communicated to attendees by email prior to the event.
Resident traffic will need to flow in and out through California Street. Ortiz/Contra Costa will be blocked to facilitate the two turns in the course. Residents on Bay Avenue, Ortiz 68 Avenue, Hickory Street, Redwood Street, Dias Avenue and Holly Street will be directed to California Avenue. Residents on Catalina Street, Elder Avenue and the south end of Ortiz Avenue will be able to move through Catalina Street and/or Contra Costa Street.
Residents of the Independent will have egress/ingress through the back of the Independent’s parking lot via George Wilson’s business lot. 69 Exhibit C
CITY OF SAND CITY
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY CONTRACT THIS IS A CONTRACT. SIGNING THIS CONTRACT AFFECTS IMPORTANT LEGAL RIGHTS. READ IT CAREFULLY BEFORE SIGNING.
DESCRIPTION OF EVENT ("Event11)
The undersigned ("Applicant") desires to host the Criterium Bike Race within the City limits of Sand City:
In consideration for being permitted by the City of Sand City ("City") to host the Event:
1. I waive and release the City and its departments, officials, officers, employees, agents and volunteers from any and every liability of loss, including, but not limited to, liability or loss for damages for personal injury, death, or property damage, related to any claim that may be filed concerning, on behalf of, or for myself, either now or in the future, that results from or is connected in any way to the Event. The waiver and release applies except to the extent caused by the sole negligence or willful misconduct of the Event.
2. I acknowledge that my hosting of the Event could entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself or others. I hereby assume the risk of, and responsibility, for any such injury, death, or damage which I or others may sustain arising out of or in any way connected with my hosting the Event, including injury, death or damage resulting from any acts or omissions, except to the extent caused by the sole negligence or willful misconduct of the City.
3. I agree not to sue and to indemnify, and to the fullest extent available by law, defend with counsel acceptable to City, and hold harmless the City and its departments, officials, officers, employees, agents, and volunteers from and against any and all liability or loss, damage, claims, expenses and costs (including without limitation, attorneys' fees and costs and fees of litigation)(collectively "Liability"), related to any claim that may be filed concerning, on behalf of, or for myself and/or any other person or entity either now or in the future, that results from or is connected in any way with my hosting the Event, except to the extent caused by the sole negligence or willful misconduct of the City.
4. I further agree that l will not be insured under the City's Workers' Compensation policy.
5. This contract will bind me, heirs and assigns. This contract will continue in effect after the conclusion of the Event. This contract may only be changed by a written amendment signed by an authorized representative of the City and me. I will abide by any rules and regulations of the City concerning the Event. If I fail to abide by any rules or regulations concerning the Event, the Event or its departments, officials, officers, employees, agents or volunteers may immediately terminate the Event. This contract is intended to be as broad as the law permits. If any portion of this contract is determined by a court to be invalid, the rest of the contract will continue in effect.
6. � this line is initialed by me, I hereby consent to the use of my photograph for City publicity. 70 7. This contract shall continue in effect for /L ( ) years from the date of signing unless earlier terminated in writing by the Applicant.
I HAVE CAREFULLY READ THIS CONTRACT AND UNDERSTAND ITS CONTENTS. I AM AWARE
THAT THIS CONTRACT IS A RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND
INDEMNITY CONTRACT BETWEEN MYSELF AND THE TOWN AND I SIGN IT FREELY AND VOLUNTARILY.
-f:::;;,,,���------1----=-...;.....c...;.�,-=--� � Date of Birth: f13 ,,
/�9
Signature: L..--;r--��====-------- Date: a/iztz I
Emergency C tact Phone#: �£:' ,"3 7,5'"" $fl I/
Address:City/State/Zip: 61z f'c,JI d �y_ fl/6, 9Jf�"j-- 3063677.1
71 Statutory Exemptions. State code number:
_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
72 AGENDA ITEM
10C.
Approve a Resolution to Consider
Purchase of Tyler Technologies Enterprise
Resource Planning Professional (ERP PRO)
10 Financial Software in the Amount of
$71,373
73 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager; Jennifer Pope, Finance Manager; Audrey Cray, HR/Risk Manager
SUBJECT: Approval of Contract Tyler Technologies Enterprise Resource Planning Professional (ERP Pro) 10 Software in the Amount of $71,373 DATE: February 6, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:
The City of Sand City’s current financial software, MOM Software, has been in service since 1995. The software has not kept current with technology and needs to be replaced.
Currently, the software only provides General Ledger, Accounts Payable, Bank Reconciliation and Cash Receipts. It does not provide encumbrance accounting, purchase order processing, contract management nor grant accounting features. These items need to be addressed outside of the finance software, creating inefficiencies and increasing the likelihood of errors for staff and customers.
Software as a Service (SaaS)
Software as a Service (SaaS) allows City staff (users) to connect to and use cloud-based software applications over the Internet. SaaS provides a complete financial software solution that the City purchases on a pay-as-you-go basis from the Tyler Corporation (cloud service provider). Tyler will manage the hardware and software and ensure the availability and the security of the application and the City’s data as well. This will enable the City to purchase new finance software without the need for onsite servers. Additionally, Tyler will keep the financial software current with all updates, bug fixes, etc. This includes all hardware upgrades.
Automatic Data Processing (ADP)
The City pays in excess of $4,000 annually to Automatic Data Processing (ADP) for payroll services which does include a timekeeping module. ADP payroll services lacks numerous reports, and their software has difficulty processing government style payroll requirements.
Since ADP is not integrated into our current or future financial software system, payroll must be added to the General Ledger manually via a journal entry. The City will be bringing the payroll function completely in-house and terminating our relationship with ADP.
New Financial Software Examined
Staff reviewed and solicited offers from a few software vendors that serve smaller government agencies. Only two responded: Tyler Technologies ERP Pro 10 and MIP Fund Accounting.
74 MIP Fund Accounting software provides basic accounting functionality using a cloud-based service. MIP provides the basic financial accounting software modules: general ledger, accounts payable, accounts receivable, payroll, billing, purchasing, budget, etc. The payroll module has additional costs for time-keeping and interface. Staff viewed their software demonstration to get an all-over snapshot of the abilities of the financial system. The budget module is rudimentary and may need to be supplemented with staff built excel files. The reporting functions also were basic and need to be enhanced. When staff inquired about a couple of key reports necessary for payroll reporting, staff were informed that those would need to be custom build.
Staff does not recommend this software.
Tyler Technologies ERP Pro 10 powered by Incode is built for small to medium sized governmental entities like the City of Sand City and yet the functionality is similar to financial software built for larger entities. Tyler InCode payroll module is advanced compared to basic ADP payroll, with more detailed and specific reporting and processing capabilities.
Purchasing and encumbrance accounting will be implemented as well. The software provides real-time, automated accounting and budgetary control of revenues and expenses. The City would be purchasing the following modules: General Ledger, Budget Prep, Bank Reconciliation, Accounts Payable, Benefits Enrollment, Human Resource Management, Project Accounting, and Purchasing.
Staff recommends the City purchase Tyler Technologies ERP Pro 10, powered by InCode using the SaaS model.
The Tyler Technologies contract is a perpetual contract with no ending date. The contract is a three-year term with automatically renewing one-year terms. The contract can be terminated in writing by either the City or Tyler at least sixty days prior to the end of the current one-year term of the contract.
CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
FISCAL IMPACT:
The total cost for FY 2023-24 for the first year of the three-year contract is expected to be $71,373, currently budgeted $43,400 in Finance account #5986. The 2023-2024 budget will need to be amended to include an additional $27,973. The second and third-year recurring costs are locked in at $24,633 annually.
RECOMMENDATION:
After reviewing both options, City staff recommends the City Council approve the purchase of Tyler Technologies ERP Pro 10 Financial Software. This purchase is for Software as a Service (SaaS) model; whereby the software does not reside at the City of Sand City. The annual cost is $24,633 for the first three years of the contract. The project implementation by Tyler is estimated at $46,740. Total first year estimated cost of $71,373. 75 ATTACHMENTS:
1. Resolution
2. Quote
3. Agreement
76 CITY OF SAND CITY
RESOLUTION SC 24-___, 2024
RESOLUTION OF THE CITY COUNCIL OF SAND CITY TO CONSIDER PURCHASE
OF TYLER TECHNOLOGIES ENTERPRISE RESOURCE PLANNING PROFESSIONAL (ERP PRO) 10 SOFTWARE IN THE AMOUNT OF $71,373
WHEREAS, the City of Sand City’s current financial software has been in service since 1995; and
WHEREAS, although it provides General Ledger, Accounts Payable, Bank Reconciliation and Cash Receipts, it is lacking in other areas requiring manual adjustments outside of the current software; and
WHEREAS, staff has reviewed and solicited offers from a few software vendors that serve smaller government agencies, only two responded: Tyler Technologies ERP Pro 10 and MIP Fund Accounting; and
WHEREAS, after reviewing both options, staff recommends the City Council approve the purchase of Tyler Technologies ERP Pro 10 Financial Software due to the advanced capabilities, with more specific reporting and processing abilities; and WHEREAS, the purchase of the Tyler Technologies ERP Pro 10 will feature Software as a Service (SaaS) which allows City staff to connect to and use cloud-based software applications over the internet, eliminating the need for onsite servers; and WHEREAS, the purchase will bring Payroll inhouse, eliminating the use of Automatic Data Processing (ADP) for Payroll processing as their software has difficulty processing government style payroll requirements; and
WHEREAS, the term of the contract with Tyler Technologies will be a three-year term, which will automatically renew in the fourth and subsequent years, with the first year cost of $71,373 for implementation and licensing, and the second and third year recurring costs locked in at $24,633 annually.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby direct the City Manager to enter into an agreement with Tyler Technologies for the purchase of Enterprise Resource Planning Professional (ERP Pro) 10 Software SaaS model in an amount not to exceed $71,373; and appropriate $27,973 from FY 23/24 operating surplus for such purpose.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of _____, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
77 APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
78 1
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
“Agreement” means this Software as a Service Agreement. “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
“Client” means the City of Sand City, California.
“Data” means your data necessary to utilize the Tyler Software. “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
“Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
“Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A 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.
79 2
“Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
“Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
“SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
“Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit D.
“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. “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 80 3
perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(4). We will make any such software available to you for download.
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the 81 4
NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the 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 82 5
to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance, and in the event of any change in our status, will comply with applicable notice requirements.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary and described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (b) any non-refundable travel expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event you cancel within four (4) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
83 6
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. 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 thencurrent 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 84 7
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. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the 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. 85 8
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. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
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1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO 87 10
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
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4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 89 12
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive 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 90 13
reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Statement of Work
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.
Tyler Technologies, Inc. City of Sand City, CA
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Sand City
One Tyler Drive No 1 Sylan Park
Yarmouth, ME 04096 Sand City, CA 93955
Attention: Chief Legal Officer Attention: ______________________________ 92 Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
93 2023-434877-M3X4T1 CONFIDENTIAL Page 1
Sales Quotation For:
City of Sand City
No 1 Sylvan Park
Sand City CA 93955
Quoted BY Derek Vo
Quote Expiration 4/21/24
Quote Name SaaS
Tyler Annual Software – SaaS
Description List Price Discount Annual
ERP Pro powered by Incode
ERP Pro 10 Financial Management Suite
Core Financials $ 12,214 $ 1,710 $ 10,504
Benefits Enrollment $ 1,000 $ 140 $ 860
Human Resources Management (Includes Position Budgeting) $ 4,498 $ 630 $ 3,868 Project Accounting $ 2,569 $ 360 $ 2,209
Purchasing $ 3,294 $ 461 $ 2,833
Tyler One
Identity
Identity Workforce Advanced [3] $ 18 $ 0 $ 18
Content Manager Suite
Content Manager Core $ 4,180 $ 585 $ 3,595
TOTAL: $ 27,773 $ 3,886 $ 23,887
Exhibit A
94 2023-434877-M3X4T1 CONFIDENTIAL Page 2
Term # of Years: 3
Tyler Annual Services
Description List Price Discount Annual
ERP
Other Services
Tyler University $ 829 $ 83 $ 746
TOTAL: $ 829 $ 83 $ 746
Services
Description Hours/Units Extended Price
ERP Pro 10 Financial Management Suite
Professional Services 280 $ 40,600
Data Conversion Services $ 1,500
Content Manager Suite
Professional Services 32 $ 4,640
TOTAL: $ 46,740
Exhibit A
95 2023-434877-M3X4T1 CONFIDENTIAL Page 3
Summary One Time Fees Recurring Fees
Total SaaS $ 23,887
Total Tyler Services $ 46,740 $ 746
Summary Total $ 46,740 $ 24,633
Optional Tyler Annual Software – SaaS
Description List Price Discount Annual
ERP Pro powered by Incode
ERP Pro 10 Financial Management Suite
Fixed Assets $ 1,415 $ 142 $ 1,273
TOTAL: $ 1,415 $ 142 $ 1,273
Optional Services
Description Hours/Units
Extended
Price
ERP Pro 10 Financial Management Suite
Professional Services 24 $ 3,480
TOTAL: $ 3,480
Exhibit A
96 2023-434877-M3X4T1 CONFIDENTIAL Page 4
Comments
Work will be delivered remotely unless otherwise noted in this agreement.
SaaS is considered a term of one year unless otherwise indicated.
Core Financials Core Financials includes general ledger, budget prep, bank recon, AP, CellSense, a standard forms pkg, output director, positive pay, secure signatures.
Identity Workforce Advanced [3] Tyler’s Identity Workforce currently supports the following identity providers (IdP's) for use with Tyler back-office solutions: Microsoft Active Directory through Azure AD, ADFS or Okta AD agent, Google Cloud Identity, Identity Automation RapidIdentity, and Okta. Any requirement by you to use an IdP not supported by Tyler may require additional costs, available upon request. Identity Workforce SaaS Fees are based on user counts. Year one SaaS Fee is based on estimated user count as indicated in this order. Unless otherwise agreed by the parties, the SaaS Fee for each subsequent annual term is based on the preceding annual term’s annual user count.
General Ledger Data Conversion General Ledger conversions include Chart of Accounts - additional fee for historical views.
Exhibit A
97 Exhibit B
1 Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates.
2. Other Tyler Software and Services.
2.1 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement.
2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
2.6 Web Services: Annual fees for web services are payable in advance, commencing upon the availability of the service. Your annual fees for the initial term are set forth in the 98 Exhibit B
2 Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
2.7 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
3. Third Party Products and Hardware.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when we make it available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at thencurrent rates, upon each anniversary thereof.
3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary. For the avoidance of doubt, Finite Matters will invoice Client directly for any services fees for Pattern Stream.
3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.
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].
99 Exhibit B
Schedule 1
1 Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
100
Exhibit B
Schedule 1
2 2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates.
“No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
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Exhibit B
Schedule 1
3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. 102
Exhibit B
Schedule 1
4 5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. 103
Exhibit C
1 Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
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2 When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months and only for such consecutive months.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 99.70% Remedial action will be taken
99.69% - 98.50% 2% of SaaS Fees paid for applicable month
98.49% - 97.50% 4% of SaaS Fees paid for applicable month
97.49% - 96.50% 6% of SaaS Fees paid for applicable month
96.49% - 95.50% 8% of SaaS Fees paid for applicable month Below 95.50% 10% of SaaS Fees paid for applicable month * Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.
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Exhibit C
Schedule 1
1 Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configurationbased questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.
New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting 106
Exhibit C
Schedule 1
2 support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client will reasonably set the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated the reported Defect/support incident.
Priority
Level Characteristics of Support Incident Resolution Targets* 1 Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
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Exhibit C
Schedule 1
3 Priority
Level Characteristics of Support Incident Resolution Targets* 2 High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted data is limited to assisting the Client in restoring its last available
database.
3 Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall
occur at least quarterly. For non-hosted customers,
Tyler’s responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
4 Noncritical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. 108
Exhibit D
1 Exhibit D
Statement of Work
109
City of Sand City
SOW from Tyler Technologies, Inc.
1/23/2024
Presented to:
Jennifer Pope
1 Pendergrass Way
Sand City, CA 93955
Contact:
Derek Vo
Email: [email protected]
5519 53rd St., Lubbock, TX 79414
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Table of Contents
PART 1: EXECUTIVE SUMMARY ............................................................................................................... 1 Project Overview ............................................................................................................................. 1 Introduction ........................................................................................................................................ 1 Project Goals ....................................................................................................................................... 1 Methodology ....................................................................................................................................... 1 PART 2: PROJECT FOUNDATION ............................................................................................................. 3 Project Governance ......................................................................................................................... 3 Project Scope Control ...................................................................................................................... 4 Managing Scope and Project Change ................................................................................................. 4 Change Control ................................................................................................................................... 4 Change Request Management ............................................................................................................ 4 Acceptance Process ......................................................................................................................... 6 Roles and Responsibilities ................................................................................................................ 6 Tyler Roles & Responsibilities ............................................................................................................. 6 Tyler Executive Manager ............................................................................................................. 7 Tyler Implementation Manager .................................................................................................. 7 Tyler Project Manager ................................................................................................................. 7 Tyler Implementation Consultant ............................................................................................... 8 Tyler Sales ................................................................................................................................... 8 Tyler Technical Services .............................................................................................................. 8 City Roles & Responsibilities ............................................................................................................... 9 City Executive Sponsor ................................................................................................................ 9 City Steering Committee ............................................................................................................. 9 City Project Manager .................................................................................................................. 9 City Functional Leads ................................................................................................................ 11 City Power Users ....................................................................................................................... 11 City End Users ........................................................................................................................... 12 City Technical Lead .................................................................................................................... 12 City Change Management Lead ................................................................................................ 12 PART 3: PROJECT PLAN ........................................................................................................................... 13 Project Stages ................................................................................................................................. 13 Initiate and Plan ................................................................................................................................ 14 Initial Coordination ................................................................................................................... 14 Project/Phase Planning ............................................................................................................. 15 Infrastructure Planning ............................................................................................................. 16 111
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Stakeholder Meeting ................................................................................................................. 17 Intentionally left blank. ............................................................................................................. 18 Control Point 1: Initiate & Plan Stage Acceptance .................................................................... 18 Assess & Define ................................................................................................................................. 18 Solution Orientation.................................................................................................................. 18 Current & Future State Analysis ................................................................................................ 19 Conversion Assessment ............................................................................................................ 20 Intentionally left blank. ............................................................................................................. 21 Intentionally left blank. ............................................................................................................. 21 Control Point 2: Assess & Define Stage Acceptance ................................................................. 21 Prepare Solution ............................................................................................................................... 22 Initial System Deployment ........................................................................................................ 22 Configuration ............................................................................................................................ 23 Process Refinement .................................................................................................................. 24 Conversion Delivery .................................................................................................................. 26 Intentionally left blank. ............................................................................................................. 27 Intentionally left blank. ............................................................................................................. 27 Control Point 3: Prepare Solution Stage Acceptance ................................................................ 27 Production Readiness ....................................................................................................................... 28 Solution Validation .................................................................................................................... 28 Go-Live Readiness ..................................................................................................................... 29 End User Training ...................................................................................................................... 30 Control Point 4: Production Readiness Stage Acceptance ........................................................ 31 Production ......................................................................................................................................... 31 Go-Live ...................................................................................................................................... 31 Transition to Client Services ...................................................................................................... 33 Post Go-Live Activities ............................................................................................................... 33 Control Point 5: Production Stage Acceptance ......................................................................... 34 Close .................................................................................................................................................. 35 Phase Closeout .......................................................................................................................... 35 Project Closeout ........................................................................................................................ 36 Control Point 6: Close Stage Acceptance .................................................................................. 37 General Assumptions ...................................................................................................................... 37 Project ............................................................................................................................................... 37 Organizational Change Management ............................................................................................... 38 Resources and Scheduling ................................................................................................................ 38 Data ................................................................................................................................................... 38 Facilities............................................................................................................................................. 39 Glossary ......................................................................................................................................... 40 PART 4: APPENDICES ............................................................................................................................... 43 Conversion ..................................................................................................................................... 43 ERP Pro Financials Conversion Summary .......................................................................................... 43 112
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General Ledger .......................................................................................................................... 43 Additional Appendices ................................................................................................................ 44 Intentionally left blank. ..................................................................................................................... 44 Project Timeline .......................................................................................................................... 45 ERP Pro Financial Management Timeline ......................................................................................... 45
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Part 1: Executive Summary
Project Overview
Introduction
Tyler Technologies (“Tyler”) is the largest and most established provider of integrated software and technology services focused solely on the public sector. Tyler’s end-to-end solutions empower public sector entities including local, state, provincial and federal government, to operate more efficiently and connect more transparently with their constituents and with each other. By connecting data and processes across disparate systems, Tyler’s solutions transform how clients gain actionable insights that solve problems in their communities.
Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, and roles and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler and the City (collectively the “Project”).
The overall goals of the project are to:
Successfully implement the contracted scope on time and on budget Increase operational efficiencies and empower users to be more productive Improve accessibility and responsiveness to external and internal customer needs Overcome current challenges and meet future goals
Providing a single, comprehensive, and integrated solution to manage business functions Streamline business processes through automation, integration, and workflows Eliminate redundant data entry
Eliminate redundant data entry
Methodology
This is accomplished by the City and Tyler working as a partnership and Tyler utilizing its depth of implementation experience. While each Project is unique, all will follow Tyler’s six-stage methodology. Each of the six stages is comprised of multiple work packages, and each work package includes a narrative description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.
Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the City’s complexity and organizational needs. 114
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The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both the City and Tyler commit to including the necessary leadership and governance. During each stage of the Project, it is expected that the City and Tyler Project teams work collaboratively to complete tasks. An underlying principle of Tyler’s Implementation process is to employ an iterative model where the City’s business processes are assessed, configured, validated, and refined cyclically in line with the project budget. This approach is used in multiple stages and work packages as illustrated in the graphic below.
The delivery approach is systematic, which reduces variability and mitigates risks to ensure Project success. As illustrated, some stages, along with work packages and tasks, are intended to be overlapping by nature to complete the Project efficiently and effectively.
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Part 2: Project Foundation
Project Governance
Project governance is the management framework within which Project decisions are made. The role of Project governance is to provide a decision-making approach that is logical, robust, and repeatable. This allows organizations to have a structured approach for conducting its daily business in addition to project related activities.
This section outlines the resources required to meet the business needs, objectives, and priorities for the Project, communicate the goals to other Project participants, and provide support and guidance to accomplish these goals. Project governance defines the structure for escalation of issues and risks, Change Control review and authority, and Organizational Change Management activities. Throughout the Statement of Work Tyler has provided RACI Matrices for activities to be completed throughout the implementation which will further outline responsibilities of different roles in each stage. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage.
The chart below illustrates an overall team perspective where Tyler and the City collaborate to resolve Project challenges according to defined escalation paths. If project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City Steering Committee become the escalation points to triage responses prior to escalation to the City and Tyler executive sponsors. As part of the escalation process, each Project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City and Tyler executive sponsors serve as the final escalation point. 116
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Project Scope Control
Managing Scope and Project Change
Project Management governance principles contend that there are three connected constraints on a Project:
budget, timeline, and scope. These constraints, known as the “triple constraints” or project management triangle, define budget in terms of financial cost, labor costs, and other resource costs. Scope is defined as the work performed to deliver a product, service or result with the specified features and functions, while time is simply defined as the schedule. The Triple Constraint theory states that if you change one side of the triangle, the other two sides must be correspondingly adjusted. For example, if the scope of the Project is increased, cost and time to complete will also need to increase. The Project and executive teams will need to remain cognizant of these constraints when making impactful decisions to the Project. A simple illustration of this triangle is included here, showing the connection of each item and their relational impact to the overall Scope.
A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level of flexibility to incorporate approved changes. Scope and changes within the project will be managed using the change control process outlined in the following section.
Change Control
It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g., new constraints or opportunities are discovered). This Project is being undertaken with the understanding that Project scope, schedule, and/or cost may need to change to produce optimal results for stakeholders.
Changes to contractual requirements will follow the change control process specified in the final contract, and as described below.
Change Request Management
Should the need for a change to Project scope, schedule, and/or cost be identified during the Project, the change will be brought to the attention of the Steering Committee and an assessment of the change will occur. While such changes may result in additional costs and delays relative to the schedule, some changes may result in less cost to the City; for example, the City may decide it no longer needs a deliverable originally defined in the Project. The Change Request will include the following information:
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The nature of the change.
A good faith estimate of the additional cost or associated savings to the City, if any. The timetable for implementing the change.
The effect on and/or risk to the schedule, resource needs or resource responsibilities.
The City will use its good faith efforts to either approve or disapprove any Change Request within ten (10) Business Days (or other period as mutually agreeable between Tyler and the City). Any changes to the Project scope, budget, or timeline must be documented and approved in writing using a Change Request form. These changes constitute a formal amendment to the Statement of Work and will supersede any conflicting term in the Statement of Work.
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Acceptance Process
The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions will vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the success of the Project that each City office or department designates specific individuals for making decisions on behalf of their offices or departments.
Both Tyler and the City will identify representative project managers. These individuals will represent the interests of all stakeholders and serve as the primary contacts between the two organizations.
The coordination of gaining City feedback and approval on Project deliverables will be critical to the success of the Project. The City project manager will strive to gain deliverable and decision approvals from all authorized City representatives. Given that the designated decision-maker for each department may not always be available, there must be a designated proxy for each decision point in the Project. Assignment of each proxy will be the responsibility of the leadership from each City department. The proxies will be named individuals that have the authorization to make decisions on behalf of their department.
The following process will be used for accepting Deliverables and Control Points:
The City shall have five (5) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the City does not provide acceptance or acknowledgement within five (5) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
If the City does not agree the Deliverable or Control Point meets requirements, the City shall notify Tyler project manager(s), in writing, with reasoning within five (5) business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The City shall then have two (2) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the City does not provide acceptance within two (2) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for the City and Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at the City, but are roles defined within the Project. It is common for individual resources on both the Tyler and City project teams to fill multiple roles. Similarly, it is common for some roles to be filled by multiple people.
Tyler Roles & Responsibilities
Tyler assigns a project manager prior to the start of each Phase of the Project (some Projects may only be one Phase in duration). Additional Tyler resources are assigned as the schedule develops and as needs arise. 119
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Tyler Executive Manager
Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the Project team and collaborates with other Tyler department managers as needed to escalate and facilitate implementation Project tasks and decisions. Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying the City ’s overall organizational strategy.
Authorizes required Project resources.
Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process.
Acts as the counterpart to the City ’s executive sponsor.
Tyler Implementation Manager
Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. The Tyler project managers consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler Project Manager or with City management as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. Assigns Tyler Project personnel.
Provides support for the Project team.
Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources.
Monitors Project progress including progress towards agreed upon goals and objectives.
Tyler Project Manager
The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources between departments, management of the Project budget and schedule, effective risk, and issue management, and is the primary point of contact for all Project related items. As requested by the City, the Tyler Project Manager provides regular updates to the City Steering Committee and other Tyler governance members. Tyler Project Manager’s role includes responsibilities in the following areas:
Contract Management
Validates contract compliance throughout the Project. Ensures Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions. Prepares and presents contract milestone sign-offs for acceptance by the City project manager(s). Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance.
Planning
Delivers project planning documents.
Defines Project tasks and resource requirements.
Develops initial Project schedule and Project Management Plan. Collaborates with the City project manager(s) to plan and schedule Project timelines to achieve ontime implementation. 120
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Implementation Management
Tightly manages Scope and budget of Project to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. Establishes and manages a schedule and Tyler resources that properly support the Project Schedule and are also in balance with Scope/budget.
Establishes risk/issue tracking/reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to the City any items that may impact the outcomes of the Project.
Collaborates with the City ’s project manager(s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the project.
Collaborates with the City ’s project manager(s) to set a routine communication plan that will aide all Project team members, of both the City and Tyler, in understanding the goals, objectives, status, and health of the Project.
Resource Management
Acts as liaison between Project team and Tyler manager(s). Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. Provides direction and support to Project team.
Manages the appropriate assignment and timely completion of tasks as defined in the Project Schedule, task list, and Go-Live Checklist.
Assesses team performance and adjusts as necessary.
Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks.
Tyler Implementation Consultant
Completes tasks as assigned by the Tyler project manager(s). Documents activities for services performed by Tyler. Guides the City through software validation process following configuration. Assists during Go-Live process and provides support until the City transitions to Client Services. Facilitates training sessions and discussions with the City and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. May provide conversion review and error resolution assistance.
Tyler Sales
Supports Sales to Implementation knowledge transfer during Initiate & Plan. Provides historical information, as needed, throughout implementation. Participates in pricing activities if additional licensing and/or services are needed.
Tyler Technical Services
Maintains Tyler infrastructure requirements and design document(s). Involved in system infrastructure planning/review(s). Provides first installation of licensed software with initial database on servers. Supports and assists the project team with technical/environmental issues/needs. Deploys Tyler products.
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City Roles & Responsibilities
City resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles.
City Executive Sponsor
The City executive sponsor provides support to the Project by providing strategic direction and communicating key issues about the Project and its overall importance to the organization. When called upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive sponsor engages in the Project, as needed, to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day Project activities. The executive sponsor empowers the City steering committee, project manager(s), and functional leads to make critical business decisions for the City. Champions the project at the executive level to secure buy-in. Authorizes required project resources.
Actively participates in organizational change communications.
City Steering Committee
The City steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation for the Project’s value throughout the organization. The steering committee oversees the City project manager and Project through participation in regular internal meetings. The City steering committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. The City steering committee also serves as primary level of issue resolution for the Project. Works to resolve all decisions and/or issues not resolved at the project manager level as part of the escalation process.
Attends all scheduled steering committee meetings.
Provides support for the project team.
Assists with communicating key project messages throughout the organization. Prioritizes the project within the organization.
Ensures the project staffed appropriately and that staff have necessary resources. Monitors project progress including progress towards agreed upon goals and objectives. Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
o Project Goals
o City Policies
o Needs of other client projects
City Project Manager
The City shall assign project manager(s) prior to the start of this project with overall responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment. The City Project Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the City project manager(s) do not have the knowledge or authority to make decisions, he or she engages the necessary resources to participate in discussions and make decisions in a 122
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timely fashion to avoid Project delays. The City project manager(s) are responsible for reporting to the City steering committee and determining appropriate escalation points.
Contract Management
Validates contract compliance throughout the project. Ensures that invoicing and Deliverables meet contract requirements. Acts as primary point of contact for all contract and invoicing questions. Collaborates on and approves Change Requests, if needed, to ensure proper scope and budgetary compliance.
Planning
Reviews and accepts project planning documents.
Defines project tasks and resource requirements for the City project team. Collaborates in the development and approval of the project schedule. Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on-time implementation.
Implementation Management
Tightly manages project budget and scope.
Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure that scope changes and budget (planned versus actual) are transparent and handled effectively and efficiently.
Collaborates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the project schedule as a whole and is also in balance with scope and budget. Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to Tyler any items that may impact the outcomes of the project. Collaborates with Tyler project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project. Routinely communicates with both the City staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the project by all team members. Manages the requirements gathering process and ensure timely and quality business requirements are being provided to Tyler.
Resource Management
Acts as liaison between project team and stakeholders. Identifies and coordinates all City resources across all modules, phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices.
Provides direction and support to project team.
Builds partnerships among the various stakeholders, negotiating authority to move the project forward.
Manages the appropriate assignment and timely completion of tasks as defined. Assesses team performance and takes corrective action, if needed. Provides guidance to City technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. Owns the relationship with in-Scope 3rd party providers and aligns activities with ongoing project tasks.
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Ensures that users have appropriate access to Tyler project toolsets as required. Conducts training on proper use of toolsets.
Validates completion of required assignments using toolsets.
City Functional Leads
Makes business process change decisions under time sensitive conditions. Communicates existing business processes and procedures to Tyler consultants. Assists in identifying business process changes that may require escalation. Contributes business process expertise for Current & Future State Analysis. Identifies and includes additional subject matter experts to participate in Current & Future State Analysis.
Validates that necessary skills have been retained by end users. Provides End Users with dedicated time to complete required homework tasks. Acts as an ambassador/champion of change for the new process and provide business process change support.
Identifies and communicates any additional training needs or scheduling conflicts to the City project manager.
Actively participates in all aspects of the implementation, including, but not limited to, the following key activities:
o Task completion
o Stakeholder Meeting
o Project Management Plan development
o Schedule development
o Maintenance and monitoring of risk register
o Escalation of issues
o Communication with Tyler project team
o Coordination of City resources
o Attendance at scheduled sessions
o Change management activities
o Modification specification, demonstrations, testing and approval assistance o Data analysis assistance
o Decentralized end user training
o Process testing
o Solution Validation
City Power Users
Participate in project activities as required by the project team and project manager(s). Provide subject matter expertise on the City business processes and requirements. Act as subject matter experts and attend Current & Future State Analysis sessions as needed. Attend all scheduled training sessions.
Participate in all required post-training processes as needed throughout project. Test all application configuration to ensure it satisfies business process requirements. Become application experts.
Participate in Solution Validation.
Adopt and support changed procedures.
Complete all deliverables by the due dates defined in the project schedule. Demonstrate competency with Tyler products processing prior to Go-live. Provide knowledge transfer to the City staff during and after implementation. 124
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Participate in conversion review and validation.
City End Users
Attend all scheduled training sessions.
Become proficient in application functions related to job duties. Adopt and utilize changed procedures.
Complete all deliverables by the due dates defined in the project schedule. Utilize software to perform job functions at and beyond Go-live.
City Technical Lead
Coordinates updates and releases with Tyler as needed. Coordinates the copying of source databases to training/testing databases as needed for training days.
Coordinates and adds new users, printers and other peripherals as needed. Validates that all users understand log-on process and have necessary permission for all training sessions.
Coordinates interface development for City third party interfaces. Develops or assists in creating reports as needed.
Ensures on-site system meets specifications provided by Tyler. Assists with software installation as needed.
Extracts and transmits conversion data and control reports from the City’s legacy system per the conversion schedule set forth in the project schedule.
Client-hosted:
o Involved in infrastructure planning/review
o Purchases and sets up client-hosted servers
City Upgrade Coordination
Becomes familiar with the software upgrade process and required steps. Becomes familiar with Tyler’s releases and updates.
Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the City’s software upgrade process. Assists with the software upgrade process during implementation. Manages software upgrade activities post-implementation. Manages software upgrade plan activities.
Coordinates software upgrade plan activities with City and Tyler resources. Communicates changes affecting users and department stakeholders. Obtains department stakeholder acceptance to upgrade production environment.
City Change Management Lead
Validates that users receive timely and thorough communication regarding process changes. Provides coaching to supervisors to prepare them to support users through the project changes. Identifies the impact areas resulting from project activities and develops a plan to address them proactively.
Identifies areas of resistance and develops a plan to reinforce the change. Monitors post-production performance and new process adherence. 125
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Part 3: Project Plan
Project Stages
Work Breakdown Structure
The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into smaller, more manageable components. The top-level components are called “Stages” and the second level components are called “Work Packages”. The work packages, shown below each stage, contain the high-level work to be done. The detailed Project Schedule, developed during Project/Phase Planning and finalized during subsequent stages, lists the tasks to be completed within each work package. Each stage ends with a “Control Point”, confirming the work performed during that stage of the Project has been accepted by the City.
Work Breakdown Structure (WBS)
1. Initiate &
Plan
2. Assess &
Define
3. Prepare
Solution
4. Production
Readiness 5. Production 6. Close
1.1 Initial
Coordination
2.1 Solution
Orientation
3.1 Initial System
Deployment
4.1 Solution
Validation 5.1 Go Live 6.1 Phase Close Out
1.2 Project/Phase
Planning
2.2 Current & Future
State Analysis 3.2 Configuration 4.2 Go Live Readiness
5.2 Transition to
Client Services
6.2 Project Close
Out
1.3 GIS Planning* 2.3 Modification
Analysis
3.3 Process
Refinement
4.3 End User
Training
5.3 Post Go Live
Activities
1.4 Infrastructure
Planning
2.4 Conversion
Assessment
3.4 Conversion
Delivery
1.5 Stakeholder
Meeting 2.5 Data Assessment 3.5 Data Delivery
3.6 Modifications*
*Items noted with an asterisk in the graphic above relate to specific products and services. If those products and services are not included in the scope of the contract, these specific work packages will be noted as “Intentionally Left Blank” in Section 6 of the Statement of Work.
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Initiate and Plan
The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a foundation for the Project by identifying and establishing sequence and timing for each Phase as well as verifying scope for the Project. This stage will be conducted at the onset of the Project, with a few unique items being repeated for the additional Phases as needed.
Initial Coordination
Prior to Project commencement, Tyler management assigns project manager(s). Additional Project resources will be assigned later in the Project as a Project schedule is developed. Tyler provides the City with initial Project documents used to gather names of key personnel, their functional role as it pertains to the Project, as well as any blackout dates to consider for future planning. the City gathers the information requested by the provided deadline ensuring preliminary planning and scheduling can be conducted moving the Project forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the City’s team. During this step, Tyler will work with the City to establish the date(s) for the Project and Phase Planning session.
Objectives:
Formally launch the project.
Establish project governance.
Define and communicate governance for Tyler.
Identify City project team.
STAGE 1 Initial Coordination
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Tyler project team is assigned A R C I I I I I I
City project team is assigned A I R I I I
Provide initial project
documents to the City A R C C I I
Gather preliminary information
requested I A R C C C C
Sales to implementation
knowledge transfer A R I I I I I
Create Project Portal to store
project artifacts and facilitate
communication
A R I
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Inputs Contract documents
Statement of Work
Outputs/Deliverables Working initial project documents
Project portal
Work package assumptions:
Project activities begin after the agreement has been fully executed.
Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify applications to implement in each Phase (if applicable), and discuss implementation timeframes.
During this work package Tyler will work with the City to coordinate and plan a formal Project planning meeting(s). This meeting signifies the start of the Project and should be attended by all City Project team members and the Tyler Project Manager. The meeting provides an opportunity for Tyler to introduce its implementation methodology, terminology, and Project management best practices to the City’s Project Team. This will also present an opportunity for project managers and Project sponsors to begin to discuss Project communication, metrics, status reporting and tools to be used to measure Project progress and manage change.
Tyler will work with the City Project Team to prepare and deliver the Project Management Plan as an output of the planning meeting. This plan will continue to evolve and grow as the Project progresses and will describe how the project will be executed, monitored, and controlled.
During project planning, Tyler will introduce the tools that will be used throughout the implementation. Tyler will familiarize the City with these tools during project planning and make them available for review and maintenance as applicable throughout the project. Some examples are Solution validation plan, issue log, and go-live checklist.
STAGE 1 Project/Phase Planning
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Schedule and
conduct planning
session(s)
A R I C C I
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Develop Project
Management Plan A R I C C I
Develop initial
project schedule A R I I I I I I C C I I C I
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
Outputs / Deliverables Acceptance Criteria [only] for Deliverables Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule City provides acceptance of schedule based on resource availability, project budget, and
goals.
Work package assumptions:
City has reviewed and completed the Guide to Starting Your Project document.
Infrastructure Planning
Procuring required hardware and setting it up properly is a critical part of a successful implementation. This task is especially important on-premise deployment models. In an On-premise deployment, the City will be responsible for the setup of the infrastructure. Tyler will install Licensed Software on application server(s) or train the City to install License Software. The City is responsible for the installation and setup of all peripheral devices.
Objectives:
Ensure the City’s infrastructure meets Tyler’s application requirements. Ensure the City’s infrastructure is scheduled to be in place and available for use on time.
STAGE 1 Infrastructure Planning
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide Infrastructure
Requirements and
Design Document
A R C C I I
Initial Infrastructure
Meeting A R C C C C
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Schedule Installation of
All Licensed Software A R C I I
Infrastructure Audit A R C I C
Work package assumptions:
The City will maintain environment (or virtual environment) for On-Premise deployments.
Inputs 1. Initial Infrastructure Requirements and Design Document Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Completed Infrastructure Requirements Delivery of Requirements Infrastructure Audit System Passes Audit Criteria
Stakeholder Meeting
Communication of the Project planning outcomes to the City Project team, executives and other key stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform, engage, gain commitment, and instill confidence in the City team. During the meeting, the goals and objectives of the Project will be reviewed along with detail on Project scope, implementation methodology, roles and responsibilities, Project timeline and schedule, and keys to Project success.
Objectives:
Formally present and communicate the project activities and timeline. Communicate project expectations.
STAGE 1 Stakeholder Meeting
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
Inputs Agreement
SOW
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Project Management Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Stakeholder Meeting Presentation
Work package assumptions:
None
Intentionally left blank.
Control Point 1: Initiate & Plan Stage Acceptance
Acceptance criteria for this stage includes completion of all criteria listed below.
Note: Advancement to the Assess & Define stage is not dependent upon Tyler’s receipt of this stage acceptance.
Initiate & Plan Stage Deliverables:
Project Management Plan
Initial Project Schedule
Initiate & Plan stage acceptance criteria:
All stage deliverables accepted based on acceptance criteria previously defined Project governance defined
Project portal made available to the City
Stakeholder meeting complete
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current City business processes. This information will be used to identify and define business processes utilized with Tyler software.
The City collaborates with Tyler providing complete and accurate information to Tyler staff and assisting in analysis, understanding current workflows and business processes.
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution functionality prior to beginning the current and future state analysis. The primary goal is to establish a foundation for upcoming conversations regarding the design and configuration of the solution.
Tyler utilizes a variety of tools for the Solution Orientation, focusing on City team knowledge transfer such as:
eLearning, documentation, or walkthroughs. The City team will gain a better understanding of the major processes and focus on data flow, the connection between configuration options and outcome, integration, and terminology that may be unique to Tyler’s solution.
Objectives:
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Provide a basic understanding of system functionality. Prepare the City for current and future state analysis.
STAGE 2 Solution Orientation
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide pre-requisites A R I I I I I
Complete pre-requisites A R C C
Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process changes that will be achieved with the new system.
The City and Tyler will evaluate current state processes, options within the new software, pros and cons of each based on current or desired state and make decisions about the future state configuration and processing. This may occur before or within the same timeframe as the configuration work package. The options within the new software will be limited to the scope of this implementation and will make use of standard Tyler functionality.
The City will adopt the existing Tyler solution wherever possible to avoid project schedule and quality risk from over customization of Tyler products. It is the City’s responsibility to verify that in-scope requirements are being met throughout the implementation if functional requirements are defined as part of the contract.
The following guidelines will be followed when evaluating if a modification to the product is required:
A reasonable business process change is available.
Functionality exists which satisfies the requirement. Configuration of the application satisfies the requirement. An in-scope modification satisfies the requirement.
Requirements that are not met will follow the agreed upon change control process and can have impacts on the project schedule, scope, budget, and resource availability.
STAGE 2 Current & Future State Analysis
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Current State process
review A R I I I C C C C C
Discuss future-state
options A R C C C C C C C C
Make future-state
decisions (non-COTS) C C C C C A R I C C
Document anticipated
configuration options
required to support
future state
A R C C C I I I I I
Inputs City current state documentation
Solution Orientation completion
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Documentation that describes future-state
decisions and configuration options to support
future-state decisions.
Delivery of document
Work package assumptions:
City attendees possess sufficient knowledge and authority to make future state decisions. The City is responsible for any documentation of current state business processes. The City can effectively communicate current state processes.
Conversion Assessment
Data Conversions are a major effort in any software implementation. Tyler’s conversion tools facilitate the predictable, repeatable conversion process that is necessary to support a successful transition to the Tyler system. The first step in this process is to perform an assessment of the existing (“legacy”) system(s), to better understand the source data, risks, and options available. Once the data has been analyzed, the plan for data conversion is completed and communicated to the appropriate stakeholders.
Objectives:
Communicate a common understanding of the project goals with respect to data. Ensure complete and accurate source data is available for review/transfer. Map the data from the source to the Tyler system.
Document the data conversion/loading approach.
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STAGE 2 Data Conversion Assessment
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Extract Data from
Source Systems I C A R
Review and Scrub
Source Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs City Source data
City Source data Documentation (if available)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated City Acceptance of Data Conversion Plan, if Applicable
Work package assumptions:
Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format. Tyler will work with the City representatives to identify business rules before writing the conversion. City subject matter experts and resources most familiar with the current data will be involved in the data conversion planning effort.
Intentionally left blank.
Intentionally left blank.
Control Point 2: Assess & Define Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Note: Advancement to the Prepare Solution Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Assess & Define Stage Deliverables:
Documentation of future state decisions and configuration options to support future state decisions. Modification specification document.
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Assess & Define Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Solution Orientation is delivered.
Conversion data extracts are received by Tyler.
Data conversion plan built.
Prepare Solution
During the Prepare Solution stage, information gathered during the Initiate & Plan and Assess & Define stages will be used to install and configure the Tyler software solution. Software configuration will be validated by the City against future state decisions defined in previous stages and processes refined as needed to ensure business requirements are met.
Initial System Deployment
The timely availability of the Tyler Solution is important to a successful Project implementation. The success and timeliness of subsequent work packages are contingent upon the initial system deployment of Tyler Licensed Software on an approved network and infrastructure. Delays in executing this work package can affect the project schedule.
Objectives:
The City’s hardware is available and set up appropriately to meet Tyler’s requirements. All licensed software is installed and operational.
The City can access the software.
STAGE 3 Initial System Deployment (On-Premise)
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Review Purchased
Hardware A R I C
Setup/Prepare
Hardware for
Deployment for
Included
Environments
I C A R
Install Licensed
Software with Initial
Database on Server(s)
for Included
Environments
A R I C
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Install Licensed
Software on City
Devices (if applicable)
I C A R
Tyler System
Administration
Training (if applicable)
A R I C
Inputs Hardware is Procured and Made Available to Tyler Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Licensed Software is Installed on the Server(s) Software is accessible Licensed Software is Installed on City devices
(if applicable)
Software is accessible
Installation Checklist/System Document System meets prescribed checklist Infrastructure Design Document (If Applicable)
Work package assumptions:
The most current available version of the Tyler Licensed Software will be installed. The City will provide network access for Tyler modules, printers, and Internet access to all applicable City and Tyler Project staff.
On-Premise:
The City has procured sufficient hardware by the agreed upon timeline. The procured hardware and software meets Tyler requirements to ensure sufficient speed and operability of Tyler Licensed Software. Tyler will not support the use of Licensed Software if the City does not meet minimum standards of Tyler’s published specifications. The City has in place and keeps up to date all hardware, software, and technical infrastructure necessary to support the solution.
Configuration
The purpose of Configuration is to prepare the software product for validation.
Tyler staff collaborates with the City to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. The City collaborates with Tyler staff iteratively to validate software configuration.
Objectives:
Software is ready for validation.
Educate the City Power User how to configure and maintain software. Prepare standard interfaces for process validation (if applicable).
STAGE 3 Configuration
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct configuration
training A R I C C
Complete Tyler
configuration tasks
(where applicable)
A R I I I
Complete City
configuration tasks
(where applicable)
I C A R C
Standard interfaces
configuration and
training (if applicable)
A R C I C C C
Updates to Solution
Validation testing plan C C A R C C
Inputs Documentation that describes future state decisions and configuration options to support future state decisions.
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Configured System
Work package assumptions:
Tyler provides guidance for configuration options available within the Tyler software. The City is responsible for making decisions when multiple options are available.
Process Refinement
Tyler will educate the City users on how to execute processes in the system to prepare them for the validation of the software. The City collaborates with Tyler staff iteratively to validate software configuration options to support future state.
Objectives:
Ensure that the City understands future state processes and how to execute the processes in the software.
Refine each process to meet the business requirements. Validate standard interfaces, where applicable.
Validate forms and reports, where applicable.
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STAGE 3 Process Refinement
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct process
training A R I C I C
Confirm process
decisions I C A R C I C
Test configuration I C A R C
Refine
configuration (City
Responsible)
I C A R C
Refine
configuration (Tyler
Responsible)
A R I I I
Validate interface
process and results I C C A R C C
Update Cityspecific process
documentation (if
applicable)
I C A R C
Updates to
Solution Validation
testing plan
C C A R C C
Inputs Initial Configuration
Documentation that describes future state decisions and configuration options to support future state decisions.
Solution validation test plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated solution validation test plan
Completed City-specific process
documentation (completed by City)
Work package assumptions:
None
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Conversion Delivery
The purpose of this task is to transition the City’s data from their source (“legacy”) system(s) to the Tyler system(s). The data will need to be mapped from the legacy system into the new Tyler system format. A wellexecuted data conversion is key to a successful cutover to the new system(s).
With guidance from Tyler, the City will review specific data elements within the system and identify / report discrepancies. Iteratively, Tyler will collaborate with the City to address conversion discrepancies. This process will allow for clean, reconciled data to transfer from the source system(s) to the Tyler system(s). Reference Conversion Appendix for additional detail.
Objectives:
Data is ready for production (Conversion).
STAGE 3 Data Delivery & Conversion
Tyler City
RACI MATRIX
KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide data
crosswalks/code
mapping tool
A C R I I I
Populate data
crosswalks/code
mapping tool
I C C A R C
Load Data
for Testing
Pull Data &
Conversion
Balancing
Reports
Map
Conversion
Write & Run
Conversion
Program
Validate
Data
Conversion
Reviews
Completed
Final
Conversion
Report &
Correct
Errors
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Iterations:
Conversion
Development
A C R I I
Iterations:
Deliver
converted data
A R I I I
Iterations:
Proof/Review
data and
reconcile to
source system
C C C A R C C
Inputs
Data Conversion Plan
Configuration
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Code Mapping Complete / Validated
Conversion Iterations / Reviews Complete Conversion complete, verified, and ready for final pass
Work package assumptions:
The City will provide a single file layout per source system as identified in the investment summary. The City subject matter experts and resources most familiar with the current data will be involved in the data conversion effort.
The City project team will be responsible for completing the code mapping activity, with assistance from Tyler.
Intentionally left blank.
Intentionally left blank.
Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Prepare Solution Stage Deliverables:
Licensed software is installed.
Installation checklist/system document.
Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Software is configured.
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Solution validation test plan has been reviewed and updated if needed.
Production Readiness
Activities in the Production Readiness stage will prepare the City team for go-live through solution validation, the development of a detailed go-live plan and end user training. A readiness assessment will be conducted with the City to review the status of the project and the organizations readiness for go-live.
Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that the City verifies all aspects of the Project (hardware, configuration, business processes, etc.) are functioning properly, and validates that all features and functions per the contract have been deployed for system use.
Objectives:
Validate that the solution performs as indicated in the solution validation plan. Ensure the City organization is ready to move forward with go-live and training (if applicable).
STAGE 4 Solution Validation
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Update Solution
Validation plan A R C C C C
Update test scripts (as
applicable) C C C A R C
Perform testing C C C A R C
Document issues from
testing C C C A R C
Perform required followup on issues A R C C C C
Inputs Solution Validation plan
Completed work product from prior stages (configuration, business process, etc.) Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Solution Validation Report City updates report with testing results Work package assumptions:
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Designated testing environment has been established.
Testing includes current phase activities or deliverables only.
Go-Live Readiness
Tyler and the City will ensure that all requirements defined in Project planning have been completed and the Go-Live event can occur, as planned. A go-live readiness assessment will be completed identifying risks or actions items to be addressed to ensure the City has considered its ability to successfully Go-Live. Issues and concerns will be discussed, and mitigation options documented. Tyler and the City will jointly agree to move forward with transition to production. Expectations for final preparation and critical dates for the weeks leading into and during the Go-Live week will be planned in detail and communicated to Project teams.
Objectives:
Action plan for go-live established.
Assess go-live readiness.
Stakeholders informed of go-live activities.
STAGE 4 Go-Live Readiness
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Perform Readiness
Assessment I A R C C I C I I I I I I
Conduct Go-Live planning
session A R C C C C C C C
Order peripheral
hardware (if applicable) I A R C
Confirm procedures for
Go-Live issue reporting &
resolution
A R I I I I C C I I I I I
Develop Go-Live checklist A R C C C C I C C
Final system
infrastructure review
(where applicable)
A R C C
Inputs Future state decisions
Go-live checklist
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated go-live checklist Updated Action plan and Checklist for go-live delivered to the City
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Work package assumptions:
None
End User Training
End User Training is a critical part of any successful software implementation. Using a training plan previously reviewed and approved, the Project team will organize and initiate the training activities.
Tyler Led: Tyler provides training for all applicable users. One or multiple occurrences of each scheduled training or implementation topic will be covered.
Tyler will provide standard application documentation for the general use of the software. It is not Tyler’s responsibility to develop City specific business process documentation. City-led training labs using City specific business process documentation if created by the City can be added to the regular training curriculum, enhancing the training experiences of the end users.
Objectives:
End users are trained on how to use the software prior to go-live. The City is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Update training plan A R C C I C
End User training (Tylerled) A R C C C I C C C
Train-the-trainer A R C C C I C
End User training (Cityled) C C A R I C C C
Inputs Training Plan
List of End Users and their Roles / Job Duties
Configured Tyler System
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
End User Training City signoff that training was delivered Work package assumptions:
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The City project team will work with Tyler to jointly develop a training curriculum that identifies the size, makeup, and subject-area of each of the training classes. Tyler will work with the City as much as possible to provide end-user training in a manner that minimizes the impact to the daily operations of City departments. The City will be responsible for training new users after go-live (exception—previously planned or regular training offerings by Tyler).
Control Point 4: Production Readiness Stage Acceptance
Acceptance criteria for this stage includes all criteria listed below. Advancement to the Production stage is dependent upon Tyler’s receipt of the stage acceptance.
Production Readiness stage deliverables:
Solution Validation Report.
Update go-live action plan and/or checklist.
End user training.
Production Readiness stage acceptance criteria:
All stage deliverables accepted based on criteria previously defined. Go-Live planning session conducted.
Production
Following end user training the production system will be fully enabled and made ready for daily operational use as of the scheduled date. Tyler and the City will follow the comprehensive action plan laid out during GoLive Readiness to support go-live activities and minimize risk to the Project during go-live. Following go-live, Tyler will work with the City to verify that implementation work is concluded, post go-live activities are scheduled, and the transition to Client Services is complete for long-term operations and maintenance of the Tyler software.
Go-Live
Following the action plan for Go-Live, defined in the Production Readiness stage, the City and Tyler will complete work assigned to prepare for Go-Live.
The City provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final conversion iteration, if applicable. If defined in the action plan, the City manually enters any data added to the Legacy System after final data extract into the Tyler system.
Tyler staff collaborates with the City during Go-Live activities. The City transitions to Tyler software for day-to day business processing.
Some training topics are better addressed following Go-Live when additional data is available in the system or based on timing of applicable business processes and will be scheduled following Go-Live per the Project Schedule.
Objectives:
Execute day to day processing in Tyler software.
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City data available in Production environment.
STAGE 5 Go-Live
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide final source data
extract, if applicable C C A R
Final source data pushed
into production
environment, if
applicable
A C R I C C C
Proof final converted
data, if applicable C C C A R C
Complete Go-Live
activities as defined in
the Go-Live action plan
C C C A R C I C
Provide Go-Live
assistance A R C C I C C I C I C
Inputs Comprehensive Action Plan for Go-Live
Final source data (if applicable)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data is available in production environment City confirms data is available in production environment
Work package assumptions:
The City will complete activities documented in the action plan for Go-Live as scheduled. External stakeholders will be available to assist in supporting the interfaces associated with the GoLive live process. The City business processes required for Go-Live are fully documented and tested. The City Project team and subject matter experts are the primary point of contact for the end users when reporting issues during Go-Live.
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Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the exception of agreed-upon post Go-Live activities. The Tyler project manager(s) schedules a formal transition of the City onto the Tyler Client Services team, who provides the City with assistance following Go-Live, officially transitioning the City to operations and maintenance.
Objectives:
Ensure no critical issues remain for the project teams to resolve. Confirm proper knowledge transfer to the City teams for key processes and subject areas.
STAGE 5 Transition to Client Services
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Transfer City to Client
Services and review
issue reporting and
resolution processes
I I A I I R I I C C C
Review long term
maintenance and
continuous
improvement
A R C C C
Inputs Open item/issues List
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Client Services Support Document
Work package assumptions:
No material project issues remain without assignment and plan.
Post Go-Live Activities
Some implementation activities are provided post-production due to the timing of business processes, the requirement of actual production data to complete the activities, or the requirement of the system being used in a live production state.
Objectives:
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Schedule activities that are planned for after Go-Live. Ensure issues have been resolved or are planned for resolution before phase or project close.
STAGE 5 Post Go-Live Activities
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Schedule contracted
activities that are
planned for delivery
after go-live
A R C C C C I C C I C C
Determine resolution
plan in preparation for
phase or project close
out
A R C C C I C C I C
Inputs List of post Go-Live activities
Outputs /
Deliverables
Acceptance Criteria [only] for
Deliverables
Updated issues log
Work package assumptions:
System is being used in a live production state.
Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance. Converted data is available in production environment.
Production Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Go-Live activities defined in the Go-Live action plan completed. Client services support document is provided.
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Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or Project. The City transitions to the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Client Services).
Phase Closeout
This work package represents Phase completion and signals the conclusion of implementation activities for the Phase. The Tyler Client Services team will assume ongoing support of the City for systems implemented in the Phase.
Objectives:
Agreement from Tyler and the City teams that activities within this phase are complete.
STAGE 6 Phase Close Out
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Reconcile project budget
and status of contract
Deliverables
I A R I I C
Hold post phase review
meeting A R C C C C C C C C C
Release phasedependent Tyler project
resources
A R I I
Participants Tyler City
Project Leadership Project Manager
Project Manager Project Sponsor(s)
Implementation Consultants Functional Leads, Power Users, Technical Leads
Technical Consultants (Conversion, Deployment,
Development)
Client Services
Inputs Contract
Statement of Work
Project artifacts
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Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Final action plan (for outstanding items)
Reconciliation Report
Post Phase Review
Work package assumptions:
Tyler deliverables for the phase have been completed.
Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time the City may choose to begin working with Client Services to look at continuous improvement Projects, building on the completed solution.
Objectives:
Confirm no critical issues remain for the project teams to resolve. Determine proper knowledge transfer to the City teams for key processes and subject areas has occurred.
Verify all deliverables included in the Agreement are delivered.
STAGE 6 Project Close Out
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct post project
review A R C C C C C C C C C
Deliver post project
report to City and Tyler
leadership
I A R I I C
Release Tyler project
resources
A R I I
Inputs Contract
Statement of Work
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
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Post Project Report City acceptance; Completed report indicating all project Deliverables and milestones have
been completed
Work package assumptions:
All project implementation activities have been completed and approved. No critical project issues remain that have not been documented and assigned. Final project budget has been reconciled and invoiced. All Tyler deliverables have been completed.
Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
Post Project Report.
Close Stage Acceptance Criteria:
Completed report indicating all Project deliverables and milestones have been completed.
General Assumptions
Tyler and the City will use this SOW as a guide for managing the implementation of the Tyler Project as provided and described in the Agreement. There are a few assumptions which, when acknowledged and adhered to, will support a successful implementation. Assumptions related to specific work packages are documented throughout the SOW. Included here are general assumptions which should be considered throughout the overall implementation process.
Project
Project activities will begin after the Agreement has been fully executed. The City Project Team will complete their necessary assignments in a mutually agreed upon timeframe to meet the scheduled go-live date, as outlined in the Project Schedule. Sessions will be scheduled and conducted at a mutually agreeable time. Additional services, software modules and modifications not described in the SOW or Agreement will be considered a change to this Project and will require a Change Request Form as previously referenced in the definition of the Change Control Process. Tyler will provide a written agenda and notice of any prerequisites to the City project manager(s) ten (10) business days or as otherwise mutually agreed upon time frame prior to any scheduled on-site or remote sessions, as applicable.
Tyler will provide guidance for configuration and processing options available within the Tyler software. If multiple options are presented by Tyler, the City is responsible for making decisions based on the options available.
Implementation of new software may require changes to existing processes, both business and technical, requiring the City to make process changes.
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The City is responsible for defining, documenting, and implementing their policies that result from any business process changes.
Organizational Change Management
Unless otherwise contracted by Tyler, City is responsible for managing Organizational Change. Impacted City resources will need consistent coaching and reassurance from their leadership team to embrace and accept the changes being imposed by the move to new software. An important part of change is ensuring that impacted City resources understand the value of the change, and why they are being asked to change.
Resources and Scheduling
City resources will participate in scheduled activities as assigned in the Project Schedule. The City team will complete prerequisites prior to applicable scheduled activities. Failure to do so may affect the schedule.
Tyler and the City will provide resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget.
Abbreviated timelines and overlapped Phases require sufficient resources to complete all required work as scheduled.
Changes to the Project Schedule, availability of resources or changes in Scope will be requested through a Change Request. Impacts to the triple constraints (scope, budget, and schedule) will be assessed and documented as part of the change control process. The City will ensure assigned resources will follow the change control process and possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, change control process buy-in, and knowledge.
The City makes timely Project related decisions to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Failure to do so may affect the schedule, as each analysis and implementation session is dependent on the decisions made in prior sessions. The City will respond to information requests in a comprehensive and timely manner, in accordance with the Project Schedule.
The City will provide adequate meeting space or facilities, including appropriate system connectivity, to the project teams including Tyler team members.
For on-site visits, Tyler will identify a travel schedule that balances the needs of the project and the employee.
Data
Data will be converted as provided and Tyler will not create data that does not exist. The City is responsible for the quality of legacy data and for cleaning or scrubbing erroneous legacy data.
Tyler will work closely with the City representatives to identify business rules before writing the conversion. The City must confirm that all known data mapping from source to target have been identified and documented before Tyler writes the conversion. All in-scope source data is in data extract(s).
Each legacy system data file submitted for conversion includes all associated records in a single approved file layout.
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The City will provide the legacy system data extract in the same format for each iteration unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget and resource availability may occur and/or data in the new system may be incorrect. The City Project Team is responsible for reviewing the converted data and reporting issues during each iteration, with assistance from Tyler.
The City is responsible for providing or entering test data (e.g., data for training, testing interfaces, etc.)
Facilities
The City will provide dedicated space for Tyler staff to work with City resources for both on-site and remote sessions. If Phases overlap, City will provide multiple training facilities to allow for independent sessions scheduling without conflict.
The City will provide staff with a location to practice what they have learned without distraction.
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Glossary
Word or Term Definition
Acceptance Confirming that the output or deliverable is suitable and conforms to the agreed upon criteria.
Accountable The one who ultimately ensures a task or deliverable is completed; the one who ensures the prerequisites of the task are met and who delegates the work to those responsible. [Also see RACI]
Application A computer program designed to perform a group of coordinated functions, tasks, or activities for the benefit of the user.
Application Programming Interface (API) A defined set of tools/methods to pass data to and received data from Tyler software products
Agreement This executed legal contract that defines the products and services to be implemented or performed.
Business Process The practices, policy, procedure, guidelines, or functionality that the client uses to complete a specific job function.
Business Requirements Document A specification document used to describe Client requirements for contracted software modifications.
Change Request A form used as part of the Change Control process whereby changes in the scope of work, timeline, resources, and/or budget are documented and agreed upon by participating parties.
Change Management Guides how we prepare, equip and support individuals to successfully adopt change in order to drive organizational success & outcomes
Code Mapping [where applicable] An activity that occurs during the data conversion process whereby users equate data (field level) values from the old system to the values available in the new system. These may be one to one or many to one. Example: Old System [Field = eye color] [values = BL, Blu, Blue] maps to New Tyler System [Field = Eye Color] [value = Blue].
Consulted Those whose opinions are sought, typically subject matter experts, and with whom there is two-way communication. [Also see RACI]
Control Point This activity occurs at the end of each stage and serves as a formal and intentional opportunity to review stage deliverables and required acceptance criteria for the stage have been met.
Data Mapping [where applicable] The activity determining and documenting where data from the legacy system will be placed in the new system; this typically involves prior data analysis to understand how the data is currently used in the legacy system and how it will be used in the new system.
Deliverable A verifiable document or service produced as part of the Project, as defined in the work packages.
Go-Live The point in time when the Client is using the Tyler software to conduct daily operations in Production.
Informed Those who are kept up-to-date on progress, often only on completion of the task or deliverable, and with whom there is just one-way communication. [Also see RACI]
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Infrastructure The composite hardware, network resources and services required for the existence, operation, and management of the Tyler software.
Interface A connection to and potential exchange of data with an external system or application. Interfaces may be one way, with data leaving the Tyler system to another system or data entering Tyler from another system, or they may be bi-directional with data both leaving and entering Tyler and another system.
Integration A standard exchange or sharing of common data within the Tyler system or between Tyler applications
Legacy System The software from which a client is converting.
Modification Custom enhancement of Tyler’s existing software to provide features or functions to meet individual client requirements documented within the scope of the Agreement.
On-site Indicates the work location is at one or more of the client’s physical office or work environments.
Organizational Change The process of changing an organization's strategies, processes, procedures, technologies, and culture, as well as the effect of such changes on the organization.
Output A product, result or service generated by a process.
Peripheral devices An auxiliary device that connects to and works with the computer in some way. Some examples: scanner, digital camera, printer.
Phase A portion of the Project in which specific set of related applications are typically implemented. Phases each have an independent start, Go-Live and closure dates but use the same Implementation Plans as other Phases of the Project. Phases may overlap or be sequential and may have different Tyler resources assigned.
Project The delivery of the software and services per the agreement and the Statement of Work. A Project may be broken down into multiple Phases.
RACI A matrix describing the level of participation by various roles in completing tasks or Deliverables for a Project or process.
Individuals or groups are assigned one and only one of the following roles for a given task: Responsible (R), Accountable (A), Consulted (C), or Informed (I).
Remote Indicates the work location is at one or more of Tyler’s physical offices or work environments.
Responsible Those who ensure a task is completed, either by themselves or delegating to another resource. [Also see RACI]
Scope Products and services that are included in the Agreement. 154
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Solution The implementation of the contracted software product(s) resulting in the connected system allowing users to meet Project goals and gain anticipated efficiencies.
Stage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project.
Standard Software functionality that is included in the base software (offthe-shelf) package; is not customized or modified.
Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project-specific activities, services, and Deliverables.
System The collective group of software and hardware that is used by the organization to conduct business.
Test Scripts The steps or sequence of steps that will be used to validate or confirm a piece of functionality, configuration, enhancement, or Use Case Scenario.
Training Plan Document(s) that indicate how and when users of the system will be trained relevant to their role in the implementation or use of the system.
Validation (or to validate) The process of testing and approving that a specific Deliverable, process, program, or product is working as expected.
Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down into smaller, more manageable components.
Work Package A group of related tasks within a project. 155
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Part 4: Appendices
Conversion
ERP Pro Financials Conversion Summary
General Ledger
Standard Conversion Includes:
Full chart of accounts listing, descriptions, and corresponding account types Element (segment) values and descriptions
Unlimited historical transactions as provided by client.
NOTE: Summarized budget figures for current fiscal year and historical years can be imported into the system from Excel. The City is ultimately responsible for producing the budget figures in Excel and verifying the results. Training will be provided on how to import budgets from Excel.
NOTE: Summarized beginning balance sheet entries, as well as summarized fiscal year activity entries, can be imported into the system from Excel for the current year. The City is ultimately responsible for producing the entries in Excel and verifying the results. Training will be provided on how to import JEs from Excel.
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Additional Appendices
Intentionally left blank.
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Project Timeline
ERP Pro Financial Management Timeline
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AGENDA ITEM
10D.
Approve a Resolution to Amend the
Professional Service Agreement With EMC
Planning Group, Inc. for Fiscal Year 2023-
2024 Adding an Amount Not to Exceed
$184,000 for Fiscal Year 2023-2024
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City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager
SUBJECT: EMC Planning Group General Planning Services Contract Amendment DATE: February 6, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:
On July 1, 2023, the City of Sand City entered into a contract with EMC Planning Group for on-call Planning Support Services for the fiscal year 2023-24 (July 1, 2023 to June 30, 2024) (“Agreement”). The budget for the on-call planning services was initially $197,000 for the year and the scope of work included:
General Planning staff support for the City and public; Attendance at City Hall, within the constraints of the budget, on an as-needed basis to support the Sand City Team and to provide Planning Staff technical expertise and advise to the public;
Provide Planning input to the City Manager in setting City Council Agendas; Prepare notices and send for publication on various public hearing items; Draft Planning resolutions, staff reports, findings and evidence, conditions of approval and associated materials for City Council consideration;
Process land use planning applications received and maintain schedules; Assist the City with grant requests, as needed and within budget constraints; Assist the City with mapping and website requests; and Other Planning related requests, meetings and documentation.
The Agreement was amended on November 7, 2023 to add $85,000 in order for EMC to redesign the City’s website and create economic development pages after EMC applied for and obtained a REAP grant to cover the cost thereof.
Since entering into the FY 2023-24 Agreement, EMC Planning Group has provided services and assisted the City with work that was not previously accounted for in the original scope and budget.
In addition to the planning services bulleted above, EMC Planning Group has, at the request of the City, taken on additional work including the following:
California Coastal Conservancy Coastal Trail Grant Application; Cal Am seawall removal and habitat mitigation;
REAP Grant Application for creating an economic development page and updating the City’s website;
160
Cannabis Retail Licensing Program;
TAMC Bike Trail Grant Application to connect Playa Avenue to Contra Costa and beyond through Seaside and to Monterey;
Art Park Visioning and Workshop Preparation;
MST SURF! Busway study review and input on impacts to Sand City vehicle, pedestrian, and bicycle circulation and impacts on the City’s shopping centers and CDP application; West End Stormwater Project;
West Bay Street biological impacts, scheduling, and monitoring; East Dunes residential project, habitat preservation, and Incidental Take Permit; EDA Recompete Grant Application;
Edge Water Habitat Restoration;
South of Tioga Park Completion; and
Calabrese Park Completion.
The level of service and planning bandwidth has increased greatly since the City moved from having just one City planner to EMC Planning Group’s team. EMC Planning Group has provided a wide array of services due to the very varied experience and expertise of their planning staff.
While EMC Planning Group has continued the basic planning work previously provided by one planner (such as the initial over-the-counter services and the process of analyzing, preparing and bringing Conditional Use Permits (CUPs) to City Council hearings and working with building owners like the Independent on conceptual ideas for its use), the work they have performed has brought the City far closer to the vibrancy and vitality it seeks.
Examples of this additional work, though not an exhaustive list include: creating the conceptual design of the bike trail project and presenting it to TAMC; working with Cal Am to create a plan to remove the seawall and debris on the beach north of Tioga Avenue; bringing forward a workshop to create a long-term plan for the Art Park (will be brought to council on 2/20); creating Objective Design Standards, working towards securing an Incidental Take Permit to create a developable residential area of the East Dunes in exchange for a habitat conservation area; and even assisting with newsletters and some City design concepts like Tioga Avenue City Monument Sign Design and police car redesign, and organizing the City’s planning files from the former system to a better system that allows current and future planners to locate file.
Many of the items EMC Planning Group has worked on have increased the City’s existing sources of funding: For example, EMC Planning Group has worked on revising the City’s fee schedule to help the City recover costs associated with permit applications. EMC Planning Group has also committed a great deal of time to apply for and bring in grants – such as to fund a new coastal trail and multiuse trail through the City. A complete list of grants is set forth below.
Some of the costs incurred for the grant writing using the Planning Services budget could potentially be recovered if one or more of the grant applications are approved. EMC Planning Group has assisted the City apply for the following grants:
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Grants Funding
REAP (Received) $85,000
Cannabis Retail (Received) $115,000
PLHA (Received) $280,000
MBARD CAMP (Received) $160,000
Coastal Trail (Submitted) $500,000
EDA Recompete (Submitted) $320,000 (Planning)
$2,000,000 (Implementation)
Urban Greening Grant Program 1,645,021
Caltrans Sustainable
Transportation
$230,000
Total Submitted $5,335,021
Total Received $640,000
Due to the magnitude of projects that EMC Planning Group is working on for the City of Sand City, a contract amendment is needed to add funds to the contract to continue to utilize EMC Planning Group’s services through the end of the fiscal year. If the City wishes to have EMC Planning Group assist with the projects listed above, as well as other miscellaneous planning projects which come about in addition to the General Planning Services outlined in the original contract, an amendment to the budget is required.
A contract amendment adding an additional $184,000 is projected to cover anticipated costs through June 30, 2024. This budget will be added to the existing contract between the City and EMC Planning Group via a contract amendment to the existing agreement for planning and staff support services.
FISCAL IMPACT:
EMC Planning Group’s current fiscal year 2023-24 contract with the City for Sand City Planning Staff Support is $282,000 (this includes the original contract of $197,000 and contract amendment #1 which included $85,000 for the website redesign funded by the REAP Grant). In order for EMC Planning Group to assist with the projects listed above, in addition to the general planning services outlined in the original contract, an additional $184,000 is required to cover costs through the end of the contract term of June 30, 2024. This contract amendment will bring the total contract to $466,000.
RECOMMENDATION:
Staff recommends APPROVAL to amend EMC Planning Group’s existing contract. 162
ATTACHMENTS:
1. Resolution
2. Draft Contract Amendment
163
CITY OF SAND CITY
RESOLUTION SC ____________,2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY
TO AMEND THE PROFFESSIONAL SERVICE AGREEMENT WITH EMC PLANNING GROUP, INC. FOR FISCAL YEAR 2023-2024 (Resolution 23-27) TO INCLUDE THE ADDITION OF $184,000 TO COVER
COSTS RELATED TO ON-GOING PLANNING SERVICES
THROUGH JUNE 30, 2024.
WHEREAS, the City of Sand City (the “City”) has no in-house staff resources within its Community Development and Planning Departments; and
WHEREAS, since 2015, EMC Planning Group, Inc. (EMC) has provided responsive and quality planning related services with locally accessible staff and office location for the City of Sand City; and WHEREAS, EMC Planning Group is under contract to provide the City with on-call Planning Support Services for Fiscal Year 2023-24; and
WHEREAS, the City of Sand City is currently working on a number of projects within the City which go beyond the scope of EMC Planning Group’s original contract for FY 2023-24 on-call Planning Support Services; and
WHEREAS, the City finds it benefits the growth of the City to have EMC Planning Group continue to assist the City with on-call Planning Support Services; and
WHEREAS, the scope of Planning Services outlined in Exhibit A of the Agreement, attached hereto and incorporated herein by this reference, for fiscal year 2023-2024 providing staff on-call Planning Support Services, is broad and encompasses tasks requested by the City, and is expanded to include the following tasks:
▪ California Coastal Conservancy Coastal Trail Grant Application; ▪ Cal Am seawall removal and habitat mitigation;
▪ REAP Grant Application for creating an economic development page and updating the City’s website;
▪ Cannabis Retail Licensing Program;
▪ TAMC Bike Trail Grant Application to connect Playa Avenue to Contra Costa and beyond through Seaside and to Monterey;
▪ Art Park Visioning and Workshop Preparation;
▪ MST SURF! Busway study review and input on impacts to Sand City vehicle, pedestrian, and bicycle circulation and impacts on the City’s shopping centers and CDP application; ▪ West End Stormwater Project;
▪ West Bay Street biological impacts, scheduling, and monitoring; ▪ East Dunes residential project, habitat preservation, and Incidental Take Permit; ▪ EDA Recompete Grant Application;
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▪ Edge Water Habitat Restoration;
▪ South of Tioga Park Completion; and
▪ Calabrese Park Completion.
WHEREAS, EMC Planning Group, Inc. will maintain a current Sand City business license.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sand City to hereby direct the City Manager to amend Sand City’s existing agreement for Planning Related Services (Resolution SC 23-27 (2023) and Resolution SC 23-59 (2023)) with EMC Planning Group, Inc., to add $184,000 to EMC Planning Group’s existing contract for on-call Planning Support Services for Fiscal Year 2023-2024 for a total amount not to exceed $466,000.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Sand City, this _____ day of February, 2024 by the following votes:
AYES: Council Members
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
________________________
Mary Carbone, Mayor
ATTEST:
________________________
Kerry Lindstrom, City Clerk
Attachment 1 – Agreement
165
AMENDMENT NUMBER TWO
TO PROFESSIONAL SERVICES AGREEMENT FOR NON-CONSTRUCTION PROJECT (EMC PLANNING GROUP INC.)
This Amendment is made and entered into this 6th day of February, 2024 (“Effective Date”) by and between the CITY OF SAND CITY, a municipal corporation (“City”) and EMC Planning Group, a California Corporation (“Consultant”) (together referred to as the “Parties”).
WHEREAS, City and Consultant entered into a Professional Services Agreement (“Agreement”) on July 1, 2023 for a one-year term, for Consultant to perform services related to contract planning services to staff the City’s Planning Department and support the City’s Management Team (scope of work); and
WHEREAS, City and Consultant amended the Agreement on November 7, 2023 to add $85,000 to the Agreement in order for EMC Planning Group to redesign the City’s website and create an economic development page after EMC Planning Group applied for and obtained the REAP grant to cover the cost thereof; and
WHEREAS, City desires Consultant to continue working at their current capacity to support projects within the City, per the Consultant’s proposal for additional services; and WHEREAS, the parties desire to amend the compensation set forth in Section 6(A)of the Agreement by increasing the current not-to-exceed amount of $282,000 by an additional $184,000, to a total contract amount of $466,000 in order to compensate Consultant for these continued services; and
WHEREAS, the scope of Planning Services outlined in Exhibit A, attached hereto and incorporated herein by this reference, for fiscal year 2023-2024 providing staff on-call Planning Support Services, is broad and encompasses tasks requested by the City, and is expanded to include, but is not limited to, the following tasks:
California Coastal Conservancy Coastal Trail Grant Application; Cal Am seawall removal and habitat mitigation;
REAP Grant Application for creating an economic development page and updating the City’s website;
Cannabis Retail Licensing Program;
TAMC Bike Trail Grant Application to connect Playa Avenue to Contra Costa and beyond through Seaside and to Monterey;
Art Park Visioning and Workshop Preparation;
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MST SURF! Busway study review and input on impacts to Sand City vehicle, pedestrian, and bicycle circulation and impacts on the City’s shopping centers and CDP application; West End Stormwater Project;
West Bay Street biological impacts, scheduling, and monitoring; East Dunes residential project, habitat preservation, and Incidental Take Permit; EDA Recompete Grant Application;
Edge Water Habitat Restoration;
South of Tioga Park Completion; and
Calabrese Park Completion.
WHEREAS, the term of the Agreement will not change.
NOW, THEREFORE, the parties agree as follows:
1. Section 6 (A) (Payment) of the Agreement is deleted in its entirety and replaced by the following:
The CITY agrees to pay CONSULTANT monthly for services performed and reimbursable costs, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached to the amendment to the Agreement and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed four hundred and sixty-six thousand dollars ($466,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Except as specifically authorized by CITY in writing, CONSULTANT shall not bill CITY for duplicative services performed by more than one person. Fees for work performed by CONSULTANT on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.
Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written above.
CONSULTANT
By:_____________________________
(Signature)
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________________________________
(Typed Name)
________________________________
(Title)
CITY OF SAND CITY
_______________________________
Vibeke Norgaard, City Manager
ATTEST:
_______________________________
Kerry Lindstrom, City Clerk
APPROVED AS TO FORM:
By: ____________________________
Adam Lindgren, City Attorney
Attachments: Exhibit A Consultant’s Revised Proposal
Exhibit B Consultant’s 2023 fee schedule
Exhibit C Insurance Requirements
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February 6, 2024
Vibeke Norgaard, J.D.
City Manager
City of Sand City
1 Pendergrass Way
Sand City, CA 93955
Re: Scope of City Planning Services (Fiscal Year 2023/24) Contract Amendment 2 Dear Vibeke,
EMC Planning Group has been providing Sand City with on-call Planning Services and acting as the City’s interim planner since July 1, 2023. Since entering into the FY 2023-24 Planning Services contract on July 1, 2023, EMC Planning Group has provided services and assisted the City with work that was not previously accounted for in the original scope and budget. In addition to the planning services described in the original scope of work, EMC Planning Group has taken on the following work:
California Coastal Conservancy Coastal Trail Grant Application; Cal Am seawall removal and habitat mitigation;
REAP Grant Application for creating an economic development page and updating the City’s website;
Cannabis Retail Licensing Program;
TAMC Bike Trail Grant Application to connect Playa Avenue to Contra Costa and beyond through Seaside and to Monterey;
Art Park Visioning and Workshop Preparation;
Exhibit A- Consultants Revised Proposal
169
Vibeke Norgaard, City Manager
City of Sand City
February 6, 2024, Page 2
MST SURF! Busway study review and input on impacts to Sand City vehicle, pedestrian, and bicycle circulation and impacts on the City’s shopping centers; MST SURF! Busway CDP Application Processing;
West End Stormwater Project;
West Bay Street biological impacts, scheduling, and monitoring; East Dunes residential project, habitat preservation, and Incidental Take Permit; EDA Recompete Grant Application;
Edge Water Habitat Restoration;
Police Car Redesign Logo;
City Monument Sign Design – Tioga Avenue; and
South of Tioga Park Completion.
The scope of work for the on-call planning services will continue to be broad, and includes, but is not limited to the above listed projects in addition to the general planning services outlined in the original scope of work and the website redesign scope from Contract Amendment 1.
Sincerely,
Michael Groves
President/Senior Principal
170
May 31, 2023
Vibeke Norgaard, J.D.
City Manager
City of Sand City
1 Pendergrass Way
Sand City, CA 93955
Re: Scope of City Planning Services (Fiscal Year 2023/24) Dear Vibeke,
EMC Planning Group is pleased to provide staff on-call Planning Support Services for the City of Sand City from July 1, 2023 to June 30, 2024. We propose a fiscal year budget (2023-24) of $197,000. The planning staff on-call support services will be provided at the direction of the City of Sand City. Larger service requests (e.g., environmental review documents, zoning ordinance update, Housing and Safety Element updates, General Plan update, specific plans, biological and archaeological services, etc.) will be provided under separate contract, with a distinct scope of work and separate budget.
The Scope of on-call support Planning Services for fiscal year 2023/24 is broad, and encompasses tasks requested by the city, including but not limited to:
Planning staff support for the city and public;
Attendance at City Hall within the constraints of the budget, on an as-needed basis to support the Sand City Team and to provide Planning Staff technical expertise and advise to the public;
Provide input to the City Manager in setting City Council Agendas; Prepare notices and send for publication on various public hearing items; Draft Planning resolutions, staff reports, findings and evidence, conditions of approval and associated materials for City Council consideration; Original Scope
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Vibeke Norgaard, City Manager
City of Sand City
May 25, 2023, Page 2
Process land use planning applications received and maintain schedules; Assist the city with grant requests, as needed and within budget constraints; Assist the City with mapping and website requests; and Other Planning related requests, meetings and documentation.
Again, the Planning Services that EMC Planning Group can provide to the City are broad, and at the discretion of the City Manager and other city staff members.
We encourage the city to update their current fee schedule for land use planning applications. We believe it is outdated and the cost for processing application requests has gone up since the last time the fee schedule was updated. We further encourage and advocate for the city to utilize a Reimbursement Agreement with most land use planning applications, in order to capture costs that go beyond the standard application fee for the city to process a permit application. Those reimbursement costs captured from an applicant should be funneled back to replenish annual budgets for Planning, Engineering, Legal and other technical disciplines needed by the city to process land use planning permits.
EMC Planning Group suggests the city begin to budget for a General Plan and Zoning Code Update over the course of two (2) to three (3) fiscal years. If we assume a budget range of $650,000 to $750,000 for the General Plan Update (GPU) and associated CEQA documentation, and another $100,000 to $150,000 for the Zoning Code Update with the assumption that the CEQA documentation on the GPU is sufficient, that would suggest an annual set aside of $250,000 to $300,000. We also suggest a 10 – 15 percent contingency on that overall budget, at the discretion of the City Staff, which would add $25,000 to $45,000 annually over three years. The GPU and Zoning Code would need to incorporate the previous work completed with the Vibrancy Plan and West End Parking Plan.
Thank you for selecting EMC Planning Group to support Sand City’s Planning efforts. We value our on-going relationship with Sand City and envision the city making great strides in implementing their vision and plans over the next several years.
Sincerely,
Michael J. Groves, AICP
President/Senior Principal
172
EXHIBIT B
FEE SCHEDULE
173
FEE SCHEDULE
(Effective January 1, 2023)
Principals Hourly Billing Rate
Senior Principal .............................................................. $275.00 Principal .......................................................................... $250.00 Planners
Principal Planner ........................................................... $220.00 Senior Planner ................................................................ $195.00 Associate Planner .......................................................... $165.00 Assistant Planner ........................................................... $140.00 Biologists Monitoring Rate
Principal Biologist .......................................................... $210.00 ($150.00) Senior Biologist ............................................................... $170.00 ($130.00) Associate Biologist ......................................................... $145.00 ($120.00) Assistant Biologist .......................................................... $125.00 ($100.00) Archaeologist
Registered Professional Archaeologist ....................... $145.00 Support Staff
Desktop Publisher ......................................................... $150.00 Executive Assistant/Production Manager .................. $125.00 Administrative Assistant .............................................. $115.00 GIS/Graphics Technician .............................................. $140.00 This fee schedule is exclusive of direct reimbursable expenses, such as word processing, editing, printing, copying, travel, lodging, dining, communications, supplies, equipment rental, etc. All expenses are billed at cost plus fifteen percent (15%) for administration. All outside services are billed at cost plus fifteen percent (15%) for administration. This fee schedule is subject to revision at any time.
A retainer of up to fifty percent (50%) of the approved contract amount may be required for new clients or projects. Invoices are due and payable within 30 days. Past due balances are subject to a service charge of one and one-half percent (1.5%) per month. Service charges are in addition to approved contract amount.
Expert witness services are provided at a fifty percent (50%) mark-up.
EMC PLANNING GROUP INC.
601 ABREGO STREET, MONTEREY, CA 93940
(831) 649-1799 / [email protected]
www.emcplanning.com 174
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and, in a form, satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.
Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. [Optional depending on limits required].
CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
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• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City Administrator.
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Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 177
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
CONSULTANT agrees that upon request, all Agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
City’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 178