rather than benefiting a single department to the detriment of all other departments. This may mean that the chosen software does not provide everything that a department wants, but rather is the best, and most efficient product, for the City as a whole.
Both of
these modules fit this philosophy by providing the most benefit to the City, while still meeting the needs of individual departments.
These additi
onal modules are vendor specific and designed as a comprehensive part of the Munis ERP system. Due to this fact, no other modules from any other vendor can be used in their place. TMC 2.20.140(b)(6) allows for an exception to the Request For Proposals (RFP) process when the City Council determines that it is not in the best interest of the City to issue an RFP. Given the uniqueness of these modules, City staff has determined that it is not in the City’s best interest to explore changing systems.
FISCAL
IMPACT
The total gener
al fund cost over the remaining two years of the SaaS agreement is $162,956. Funds are included in the Fiscal Year 2022-23 proposed budgeted for this purchase.
STRATEG
IC PLAN
This agenda item supports the City Council’s Governance Strategic Priority; Goal 2, which is to ensure continued fiscal sustainability through financial and budgetary stewardship; and Goal 3, which is to identify technological resources to promote communication, enhance City services, and promote organizational productivity.
RECOMM
ENDATION
It is
recommended that the City Council approve, by resolution, this change order to the SaaS Agreement with Tyler Technologies, Inc. to include the licensing and implementation of the Tyler ExecuTime and Bid Management modules, authorize the Finance Director to sign the Sales Quote, and find that it is in the best interest of the City to forego the Request for Proposals process for these services.
Prepared
by: Robert Harmon, Senior Accountant
Reviewed
by: Karin Schnaider, Finance Director
Midori
Lichtwardt, Assistant City Manager
Approved
by: Michael Rogers, City Manager
ATTA
CHMENTS
Attachment A – Sales Quote
2021-294099-C0M5N4 CONFIDENTIAL Page 1 Quoted By: Karen Grosset
Quote Expiration: 05/30/22
Quote Name: City of Tracy - ERP - ExecuTime
and Bid Management
Quote Description: ExecuTime and Bid Management
Saas Term 2.00
Sales Quotation For:
City of Tracy
333 Civic Center Plz
Tracy CA 95376-4059
Phone: +1 (209) 831-4100
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Bid Management 1 56 $ 11,078.00
Human Resources Management
Advanced Scheduling - Up to 150 Employees 1 64 $ 10,083.00 Advanced Scheduling Mobile Access 1 0 $ 2,352.00
Time & Attendance - Up to 750 Employees 1 176 $ 18,317.00 Time & Attendance Import 1 0 $ 3,045.00
Time & Attendance Mobile Access 1 0 $ 3,003.00
TOTAL 296 $ 47,878.00
Professional Services
Description Quantity Unit Price Extended Price Maintenance ATTACHMENT "A"
2021-294099-C0M5N4 CONFIDENTIAL Page 2 Project Management 40 $ 200.00 $ 8,000.00 $ 0.00
Remote Implementation 296 $ 200.00 $ 59,200.00 $ 0.00
TOTAL $ 67,200.00 $ 0.00
3rd Party Hardware, Software and Services
Description Qty Unit Price
Unit
Discount Total Price
Unit
Maint/SaaS
Unit
Maint/SaaS
Discount
Total
Maint/SaaS
Touchscreen 10: Proximity Reader (HID) 1 $ 2,510.00 $ 0.00 $ 2,510.00 $ 251.00 $ 0.00 $ 251.00 TOTAL $ 2,510.00 $ 251.00
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0.00 $ 0.00
Total Annual $ 0.00 $ 47,878.00
Total Tyler Services $ 67,200.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 2,510.00 $ 251.00 Summary Total $ 69,710.00 $ 48,129.00
Contract Total $ 165,717.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
ATTACHMENT "A"
2021-294099-C0M5N4 CONFIDENTIAL Page 3 ATTACHMENT "A"
2021-294099-C0M5N4 CONFIDENTIAL Page 4 Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered. • Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. • Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.
Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
• If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations:
Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement. • Expenses associated with onsite services are invoiced as incurred.
ATTACHMENT "A"
2021-294099-C0M5N4 CONFIDENTIAL Page 5 Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the- Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
The annual SaaS fees for the quoted modules will start on 7/1/22 and run through 6/30/24 to coincide with the City's current SaaS contract.
Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.
Your acquisition of clocks and/or clock maintenance is subject to the following terms: https://www.tylertech.com/terms/executime-clock-terms.
ATTACHMENT "A"
APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRACY CITY COUNCIL
RESOLUTION 2022- _______________
APPROVING A CHANGE ORDER TO THE SAAS AGREEMENT WITH
TYLER
TECHNOLOGIES, INC. TO LICENSE TWO ADDITIONAL
MODULES FOR TIMEKEEPING AND BID MANAGEMENT TO THE
MUNIS ERP SOFTWARE
WHEREAS, The City of Tracy uses the Tyler Technologies, Inc. Munis ERP software for most fiscal
and human resource functions; and
WHEREAS, The
City has an existing SaaS Agreement with Tyler Technologies, Inc.
extending through June 2024, with automatic one-year renewals thereafter; and WHEREAS, Tyler Technologies offers additional software modules that provide enhanced features to the existing software; and
WHEREAS, These enhanced features will promote more efficient and productive operations while providing additional on-l ine services to the City’s vendors; and WHEREAS, The City follows an enterprise-wide philosophy of using existing vendors and produc
ts that interface seamlessly with existing software; and WHEREAS, Staff recommends licensing two additional modules for advanced timekeeping and scheduling, and vendor bid management: now, therefore, be it RESOLVED: That the City Council of the City of Tracy hereby approves a Change Order to the SaaS Agreement with Tyler Technologies, Inc. for the additional licensing of the ExecuTime and Bid Management modules; and be it
FURTHER RESOLVED: That the City Council of the City of Tracy has determined that it is in the best interest of the City to forego issuing a Request for Proposal for these services under TMC 2.20.140(b)(6).
* * *
* * * * * * * * * * *
___________________________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California
ATTEST:
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of
the City of Tracy, California
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on June 7th, 2022, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTENTION: COUNCIL MEMBERS:
Resolution 2022-
June 7, 2022
AGENDA ITEM 3.B
REQUEST
INTRO
DUCE AN ORDINANCE OF THE CITY OF TRACY AMENDING SECTION
6.36.080 OF THE TRACY MUNICIPAL CODE TOLLING THE EXPIRATION DATE OF
EACH EXISTING COMMERCIAL CANNABIS BUSINESS PERMIT FOR AN ADDITIONAL 12 MONTHS
EXECUTI
VE SUMMARY
Chapter
6.36 of the Tracy Municipal Code (TMC) establishes regulations for commercial cannabis activities in the City of Tracy. The proposed ordinance amends TMC Section
6.36.080 to toll the expiration of existing Cannabis Business Permits for an additional year to provide existing permit holders more time to establish and become operable prior to expiration of the permits.
DISCUSS
ION
Under the
current ordinance (TMC Section 6.36.080), each Cannabis Business Permit issued expires 12 months after the date of issuance. TMC Sections 6.36.050 and
6.36.150 require that all interested parties and employees undergo fingerprint-based background checks. In order for the City to conduct fingerprint based background checks, the Department of Justice (DOJ) must approve a Resolution so the City may access such criminal history information. Due to the delay in obtaining DOJ approval, the proposed ordinance will facilitate permit holders’ ability to establish and become operable prior to the expiration of the permits.
The fir
st four provisional Cannabis Business Permits were issued June 21, 2021, with an expiration date of June 20, 2022. The next 13 were issued March 3, 2022, with an expiration date of March 2, 2023. No renewal applications have been received to date.
Per City Council’s direction on May 17, 2022, in order to assist this group of permittees to have the ability to establish and become operable prior to expiration of the permits, staff recommends the proposed ordinance amending Section 6.36.080, Expiration of Cannabis Business Permits.
Rather
than expiration occurring 12 months after the issuance of each respective permit, the expiration date will be tolled for an additional 12 months. While the City has issued 17 Cannabis Business Permits, and to date nine have applied for the required Conditional Use Permit (one has been approved thus far), most permit holders will be unable to commence operations under the current 12-month expiration date.
STRATEG
IC PLAN
This agenda it
em supports the City of Tracy’s Public Safety and Quality of Life Strategic Priorities.
FISCAL
IMPACT
There is
no fiscal impact associated with this agenda item.
Agenda Item 3.B
June 7, 2022
RECOMMENDATION
That the City Council introduce and waive the full reading of an ordinance of the City of Tracy amending Section 6.36.080 of the Tracy Municipal Code tolling the expiration of each existing commercial cannabis business permit for an additional 12 months.
Prepared by: Victoria Lombardo, Senior Planner
Reviewed by: Bill Dean, Assistant Director of Development Services Karin Schnaider, Finance Director
Bijal Patel, City Attorney
Midori Lichtwardt, Assistant City Manager
Approved by: Michael Rogers, City Manager
ATTACHMENTS
Attachment A - Ordinance Amending Section 6.36.080 of the Tracy Municipal Code
APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
TRAC
Y CITY COUNCIL
ORDINA
NCE NO. ________
AN ORDI
NANCE AMENDING SECTION 6.36.080 OF THE TRACY MUNICIPAL
CODE TOLLING THE EXPIRATION DATE OF EACH EXISTING COMMERCIAL CANNABIS BUSINESS PERMIT FOR AN ADDITIONAL 12 MONTHS
WHEREAS, The Tracy Municipal Code (“TMC”) Chapter 6.36, Commercial Cannabis Activity, establishes regulations for commercial cannabis activity in the City of Tracy; and WHERE
AS, TMC section 6.36.080 provides that cannabis business permits shall expire twelve months after the date of issuance; and
WHERE
AS, TMC sections 6.36.050 and 6.36.150 require that all interested parties and employees of a cannabis business undergo fingerprint based background checks; and WHERE
AS, in order for the City to conduct fingerprint based background checks, the Department of Justice (DOJ) must approve a Resolution so the City may access such criminal history information; and
WHERE
AS, due to the delay in obtaining DOJ approval, the City Council desires to amend TMC section 6.36.080 to toll the expiration of existing cannabis business permits issued twelve months; and
WHERE
AS, tolling the expiration of existing cannabis business permits twelve months will allow permit holders additional time to comply with the requirements under Chapter 6.36 to operate a cannabis business within the City.
NOW,
THEREFORE, THE CITY COUNCIL OF THE CITY OF TRACY DOES ORDAIN AS FOLLOWS:
SECT
ION 1. Incorporation of Recitals/Findings. The City Council finds and determines the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City.
SECTION 2. Amendment of Section 6.36.080. Section 6.36.080, Expiration of Cannabis Business Permits, of the Tracy Municipal Code is hereby amended to read as follows (with additions underlined, and deletions in strikethrough):
Each cannabis business permit issued pursuant to this chapter shall expire twelve (12) months after the date of its issuance, except that the expiration date of any cannabis business permit issued prior to May 2022 shall be tolled for an additional twelve (12) months from the date of Ordinance _____
issuance of any such permit. Cannabis business permits may be renewed as provided in section 6.36.100.
SECTION 3. CEQA Determination . The City Council finds that this Ordinance is exempt from CEQA in accordance with Business and Professions Code section 26055(h) because it requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity.
SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections,
subsections, clauses or phrases may be declared invalid or unconstitutional.
SECTION 5. Effective Date. This ordinance shall become effective upon the thirtieth (30th) day after final adoption.
SECTION 6. Publication. The City Clerk i s di rected t o pu blish this or dinance i n a manner required by law.
SECTION 7
. Codification. This Ordinance shall be codified in the Tracy Municipal Code.
* * * *
* * * * * * * * *
The foregoing Ordinance ________ was introduced at a regular meeting of the Tracy City Council on the ___ day of ________ 2022, and finally adopted on the day of , 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California
ATTEST:
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Date of Attestation:
Ordinance _____
NOTI
CE AND DIGEST
AN ORDI
NANCE AMENDING SECTION 6.36.080 OF THE TRACY MUNICIPAL
CODE TOLLING THE EXPIRATION DATE OF EACH EXISTING COMMERCIAL CANNABIS BUSINESS PERMIT FOR AN ADDITIONAL 12 MONTHS
The O
rdinance (Ordinance) amends Tracy Municipal Code section 6.36.080 to toll the expiration date of each existing commercial cannabis business permit for an additional 12 months. This Ordinance does not change the 12-month expiration period for any new cannabis busi ness permits obtained after adoption of the Ordinance.