Agenda packet — Tulare City Council, April 16, 2024

City of Tulare Page 1
City of Tulare
City Council
Notice and Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, April 16, 2024
6:00 p.m. – Special Meeting
7:00 p.m. – Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Attending and Participating in Meetings
Regular Council Meetings are held on the first and third Tuesdays of the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation. Additional meetings of the City Council may be called as needed.

Attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, call (559) 366-1849 during Public Comments and/or Public Hearing and General Business items. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute device used for viewing the meeting.

City of Tulare YouTube Channel:
https://www.youtube.com/channel/UCdWZiv2o7do1JY0OvGe1_aw/videos Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov and available for viewing at the entrance of the Council Chamber.

Rules for Addressing Council
• Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
• If you wish to address Council, please complete one of the yellow speaker cards located at the entrance to the Council Chamber and provide to the Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address the Council during the time that Council is considering that agenda item. Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the Public Comments portion of the meeting.
• When invited by the mayor to speak, please step up to the podium, state your name and city where you reside, and make your comments. Comments are limited to three minutes per speaker.

Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

Agri-Center of the World
Mayor
Terry A. Sayre, District 2
Vice Mayor
Patrick Isherwood, District 5
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Dennis A. Mederos, District 4
City Council Agenda – Special and Regular Meetings Tuesday, April 16, 2024 City of Tulare Page 2
NOTICE IS HEREBY GIVEN, pursuant to section 54956 of the California Government Code, that a special meeting of the City Council of the City of Tulare is hereby called.

1. CALL TO ORDER SPECIAL MEETING

2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item.

2.1 Draft Downtown Master Plan Update.

Recommended Action: Receive a presentation by MIG of the City of Tulare’s Draft Downtown Master Plan Update. [T. Myers]

3. ADJOURN SPECIAL MEETING
7:00 p.m. - REGULAR MEETING

4. CALL TO ORDER REGULAR MEETING

5. PLEDGE OF ALLEGIANCE AND INVOCATION - Dennis Sunderland, Pastor of Tulare Bethel Church, to deliver an invocation.

6. PUBLIC COMMENTS - This is the time for the public to comment on matters within the jurisdiction of the Tulare City Council that are not on the agenda. The Council asks that comments are kept brief and positive. The Council cannot legally discuss or take official action on request items that are introduced tonight. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing or General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, each speaker will be allowed three minutes with a maximum time of fifteen minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence.

7. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.

8. COUNCIL REPORTS AND ITEMS OF INTEREST

9. CONSENT CALENDAR - All Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

9.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

9.2 Minutes of the Regular and/or Special Meeting on April 2, 2024.

Recommended Action: Approve as submitted. [M. Hermann]
6:00 p.m. – SPECIAL MEETING
City Council Agenda – Special and Regular Meetings Tuesday, April 16, 2024 City of Tulare Page 3

9.3 Purchase of FirsTwo.

9.4 Bid Results for Project EN0095 – Academy & Apricot Improvements.

Recommended Action: [M. Miller] Award and authorize the City Manager to sign contracts related to City Project EN0095, Academy and Apricot Improvement Project; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount and approve the revised budget.

Task Description Contractor Amount

1. Construction Contractor Dawson-Mauldin, LLC of Selma, CA $9,933,583

2. Construction Inspection NV5 of Fresno, CA $623,207

3. Materials Testing Blackburn Consulting of Fresno, CA $385,135

4. Construction Surveying 4Creeks of Visalia, CA $130,000

5. Labor Compliance Silveira Consulting of Galt, CA $32,880

9.5 CFT NV Developments Oversize Construction Reimbursement Agreement.

9.6 Funds from Fresno City College for Outside Training.

Recommended Action: Accept and appropriate funds for outside training from Fresno City College in the amounts of $8,921.01 and $4,495.61. [M. Ott]

10. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council.

10.1 Lago Subdivision.

Recommended Action: Adopt a resolution denying the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision; OR Adopt a resolution upholding the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision, adopt a resolution approving General Plan Amendment No. 2024-01 to change the existing General Plan land use designation from community commercial to low density residential on approximately 14.06 acres, pass-to-print an ordinance approving Zone Amendment No. 753 changing the zoning designation from C-3 (Retail Commercial) to R-1-4 (Small-lot Residential) on approximately 14.06 acres, adopt a resolution approving the Fourth Amendment to the Del Lago Specific Plan, and adopt a resolution to adopt the initial study / mitigated negative declaration prepared for Tentative Subdivision No. 2023-27 – Lago Subdivision, General Plan Amendment no. 2024-01, Zone Amendment No. 753 and the Fourth Amendment of the Del Lago Specific Plan. [S. Sopp] City Council Agenda – Special and Regular Meetings Tuesday, April 16, 2024 City of Tulare Page 4

10.2 Housing Element and General Plan Annual Progress Reports.

11. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council.

11.1 Zoning Code Update.

Recommended Action: Receive a presentation on the Zoning Code Update. [M.

Anaya]

11.2 Delegated Maintenance Agreement with Caltrans.

Recommended Action: Approve a Delegated Maintenance Agreement with Caltrans and authorize the City Manager to execute all necessary documents on behalf of the City thereof. [M. Correa]

11.3 Financial System Replacement Contract.

Recommended Action: Approve a sole source agreement with Tyler Technologies, Inc. for purchase and implementation of “Enterprise ERP” and for ongoing maintenance subject to minor conforming and clarifying changes acceptable to the City Attorney and City Manager for a maximum total contract value of $948,113.65 including applicable sales tax on hardware; authorize change orders up to 10% of the of the contract or $94,811.37 and authorize appropriation and use of $94,811.37 from Fund 603 Technology CIP fund to cover potential contingency costs; and authorize the issuing of $39,730 purchase order for travel expenses to be billed at actual costs from project IT2023-02. [J. Bowling]

12. FUTURE AGENDA ITEMS - NONE SUBMITTED

13. STAFF UPDATES

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

14.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): 1 case

15. RECONVENE FROM CLOSED SESSION

16. CLOSED SESSION REPORT

17. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, May 7, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City Council Agenda – Special and Regular Meetings Tuesday, April 16, 2024 City of Tulare Page 5

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this notice and agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Thursday, April 11, 2024
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: April 16, 2024 Agenda Memo
Date: April 11, 2024
Time Estimates - Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public. 6:00 p.m. - SPECIAL MEETING

1. CALL TO ORDER SPECIAL MEETING

2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item.

2.1 Draft Downtown Master Plan Update.

Recommended Action: Receive a presentation by MIG of the City of Tulare’s Draft Downtown Master Plan Update. [T. Myers]

3. ADJOURN SPECIAL MEETING
7:00 p.m. - REGULAR MEETING

4. CALL TO ORDER REGULAR MEETING

5. PLEDGE OF ALLEGIANCE AND INVOCATION - Dennis Sunderland, Pastor of Tulare Bethel Church, to deliver an invocation.

7. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:20- 7:20 p.m.]

8. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:20-7:25 p.m.]

9.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

9.2 Minutes of the Regular and/or Special Meeting on April 2, 2024.

Recommended Action: Approve as submitted. [M. Hermann]

9.3 Purchase of FirsTwo.

Recommended Action: Authorize and appropriate funds and associated revenues for the purchase of FirsTwo for a three-year contract at $6,000 a year totaling $18,000 with full reimbursement from the California Office of Emergency Services (Cal OES). [F. Ynclan]
Summary: The Tulare Police Department seeks to purchase FirsTwo. This is an investigative tool utilized primarily by the PSAP (public safety answering point) center, as well as patrol and investigations. The application provides location based situational intelligence for law enforcement and fire departments. The application allows users to search by address, name, and phone number. FirsTwo gives us the platform to see what is streaming in our area on social media, which provides realtime information to assist the public in critical incidents. Since FirstTwo has allowed us to demo the application for a no cost trial period, our agency has been able to locate critical information by phone numbers, addresses, partial names, and social media. All data collected by FirsTwo is through open-source data through internet and social media sources.

These residual funds require the purchases be made by the municipalities and reimbursed once purchased. FirsTwo has been approved by Cal OES for full reimbursement due to its application.

Fiscal Impact & Funding Source(s): At the conclusion of the three-year contract, the application will be evaluated for continued use. Additional non-budgeted funding Tulare City Council Page 3
Agenda Memo - April 16, 2024
would be needed to continue with the application if continued. State - Other Revenues 001-3420-007; Police - Administration - Communications 001-4220-2015 Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

9.4 Bid Results for Project EN0095 – Academy & Apricot Improvements.

Task Description Contractor Amount

1. Construction Contractor Dawson-Mauldin, LLC of Selma, CA $9,933,583

2. Construction Inspection NV5 of Fresno, CA $623,207

3. Materials Testing Blackburn Consulting of Fresno, CA $385,135

4. Construction Surveying 4Creeks of Visalia, CA $130,000

5. Labor Compliance Silveira Consulting of Galt, CA $32,880 Summary: Capital Improvement Project No. EN0095 is a full street rehabilitation project located north of San Joaquin Avenue and between Cherry and Blackstone Streets. The project limits include the street segments depicted in attached Exhibit “A.” The project would reconstruct the affected street sections and would include ADA compliance improvements to intersection curb returns and alley/sidewalk intersections that fall within the project limits. Additionally, the project would address necessary water, sewer, and storm drain improvements within those limits. The need for the project was identified through the City’s Pavement Management System and the review of the condition of the City’s utility infrastructure. This project was included and approved as a part of the City’s 2023-2028 transportation and utility CIP program budget.

Task Description Contractor Amount

1. Construction Contractor Dawson-Mauldin, LLC of Selma, CA $9,933,583

2. Construction Inspection NV5 of Fresno, CA $623,207

3. Materials Testing Blackburn Consulting of Fresno, CA $385,135

4. Construction Surveying 4Creeks of Visalia, CA $130,000

5. Labor Compliance Silveira Consulting of Galt, CA $32,880 A detailed breakdown of the construction contracts required for the subject project is as follows:

1. Construction Contract: Dawson-Mauldin, LLC
On March 28, 2024, four bids were opened from the Request for Bids #24-795, Academy & Apricot Improvement Project. The bid opening results are attached.

The project sheet for the Academy & Apricot Improvement project was approved in the 2023-2028 transportation and utility CIP program budget by BPU on June Tulare City Council Page 4
Agenda Memo - April 16, 2024
20, 2023, and included an estimated construction cost of $9,434,206. Once the plans and specifications were finalized the Engineer provided an estimated construction cost of $7,500,000. Bids ranged from $9,933,583 – $11,388,127.

The bids were evaluated and determined to be responsive to the requirements and instructions contained in the bid documents. While the combination of bids received are higher than the construction estimate, this appears to be consistent with current construction cost trends being observed throughout the state and nation. Inflation, labor shortages, and significant supply chain issues in the building industry are driving higher than expected costs.

2. Construction Inspection: NV5
Due to the volume of projects citywide, both private and public, the City does not have sufficient in-house staff capacity to perform the necessary construction inspection required by the Academy & Apricot Improvement Project. Inspection for contract compliance is required for public improvements.

NV5 of Fresno, CA is included on the list of pre-qualified On-Call Construction Management, Resident Engineer, and Inspection Consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. NV5 has reviewed the scope of this project and has proposed to perform construction inspection services on a time and materials basis, not to exceed $623,207.20, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.

3. Material Testing: Blackburn Consulting
During construction, it will be necessary to perform materials testing to ensure compliance with City standards. Material testing services including laboratory testing are outside the capabilities of the City.

Blackburn Consulting of Fresno, CA is included on the list of pre-qualified OnCall Geotechnical and Materials Testing consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project.

Blackburn Consulting has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $385,135, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and is below the amount anticipated for these services.

4. Construction Surveying: 4Creeks
During construction, it will be necessary to provide construction staking so the Contractor has the necessary locations and elevations to properly construct the improvements. Survey services include field and office surveying and filing corner records with Tulare County. As a professional service performed by a licensed surveyor, these services cannot be included in a competitively bid construction contract, and therefore cannot be performed under the Contractor’s Tulare City Council Page 5
Agenda Memo - April 16, 2024
contract. Furthermore, City Staff does not have the time nor professional qualifications to perform these services.
4Creeks of Visalia, CA is included on the list of On-Call Construction Surveying consultants and demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. 4Creeks has reviewed the scope of the Academy & Apricot Improvements Project and has proposed to perform the necessary services on a time and materials basis, not to exceed $130,000. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.

5. Labor Compliance Monitoring: Silveira Consulting
This project is subject to Prevailing Wage requirements. To ensure proper wages are paid and accounted for in accordance with the ever-changing requirements under state and federal law, it will be necessary to perform labor compliance monitoring of those contractors and consultants subject to these requirements.

Due to the complexities involved, the City does not have the expertise or resources available to perform this work.

Silveira Consulting of Galt, CA is included on the list of pre-qualified On-Call Labor Compliance Monitoring consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. Silveira Consulting has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $32,880, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.

The construction bid amount came in above the Engineer’s Estimate, and revisions to the project budget originally included in the CIP Program for Fiscal Years 2023/2024 thru 2027/2028 are necessary. Material prices across the construction industry increased significantly since the original project cost estimate was prepared and the CIP Program budget was approved. Additional funding in the amount of $400,000 has been secured through the Community Development Block Grant Program to help cover the increased project cost.

Fiscal Impact & Funding Source(s): Please refer to the revised Project Sheet attached to this staff transmittal for a breakdown of project costs and proposed funding sources.

Legal Review: Subsequent contract approval to be reviewed by the City Attorney.

Alternative Action: 1) Approve with changes - Changes to the project scope following the construction contract bide opening could invalidate the entire bid process and are therefore not recommended; 2) Deny - Council could elect to reject all bids, direct staff to reduce the scope of the project, revise the design accordingly, and rebid the project. It is anticipated that a reduced scope would result in lower bids, Tulare City Council Page 6
Agenda Memo - April 16, 2024
although additional design costs associated with revising the project plans would be incurred; or 3) Table - Reject all bids received for Project EN0095 – Academy and Apricot Improvements, and direct staff to reprogram the project for construction in fiscal year 2025/2026 when additional funding is projected to become available.

9.5 CFT NV Developments Oversize Construction Reimbursement Agreement.

Recommended Action: Authorize the City Manager to execute an oversize construction reimbursement agreement with CFT NV Developments, LLC, a Nevada Limited Liability Company, for construction costs associated with the Panda Express restaurant that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
Summary: As part of the development of Panda Express located near the northeast corner of Blackstone Street and Bardsley Avenue, CFT NV Developments, LLC, a Nevada Limited Liability Company was required to install oversized street improvements. These included, but were not limited to the following:
• Installation of a median island in Bardsley Avenue just east of Blackstone Street.

Costs associated with supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

The attached oversized construction reimbursement agreement identifies the work completed by the Developer that is reimbursable under the City’s oversize reimbursement procedures and specifies that the City will reimburse the developer for their expenditures plus accrued interest as funding becomes available through the City’s development impact fee program.

Fiscal Impact & Funding Source(s): DIF Local Street & Traffic Signals – Interest / #001-4320-8306; DIF Local Street & Traffic Signals – Principal / #001-4320-8206 Legal Review: The oversized construction reimbursement agreement has been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. AND [include what was provided in the staff report]

9.6 Funds from Fresno City College for Outside Training.

Recommended Action: Accept and appropriate funds for outside training from Fresno City College in the amounts of $8,921.01 and $4,495.61. [M. Ott] Summary: The City of Tulare Fire Department (TFD) has an agreement with Fresno City College (FCC) dated March 2021. The agreement outlines that FCC shall pay TFD 60% each academic year of the state apportionment earned to eligible instructional full-time equivalent student hours. TFD is bound by this agreement to use these funds only for educational and training related purposes.

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Agenda Memo - April 16, 2024
TFD receives funding at the end of each semester after submitting training hours to FCC. Once the funding is received, it is deposited into the City’s fire training college account. The City received a check in the amount of $8,921.01 in the fall of 2023 and FCC has been invoiced for the remaining FY 2023-24 amount of $4,495.61.

TFD is requesting those funds be appropriated to fund 001-4230-2132 (Outside Training). The partnership between TFD and FCC reduces City taxpayer burden by allowing TFD to expend these funds to repair, upgrade, and build new training facilities and props critical to TFD operational readiness, at no additional cost to the City.

Fiscal Impact & Funding Source(s): Funding Source: Fire Training College Fund 001-3257-018; Expenditure Account: Outside Training Fund 001-4230-2132 Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

10. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council. [Time Estimate: 7:35-9:00 p.m.]

10.1 Lago Subdivision.

Recommended Action: Adopt a resolution denying the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision; OR Adopt a resolution upholding the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision, adopt a resolution approving General Plan Amendment No. 2024-01 to change the existing General Plan land use designation from community commercial to low density residential on approximately 14.06 acres, pass-to-print an ordinance approving Zone Amendment No. 753 changing the zoning designation from C-3 (Retail Commercial) to R-1-4 (Small-lot Residential) on approximately 14.06 acres, adopt a resolution approving the Fourth Amendment to the Del Lago Specific Plan, and adopt a resolution to adopt the initial study / mitigated negative declaration prepared for Tentative Subdivision No. 2023-27 – Lago Subdivision, General Plan Amendment no. 2024-01, Zone Amendment No. 753 and the Fourth Amendment of the Del Lago Specific Plan. [S. Sopp] Summary: This is a request by San Joaquin Valley Homes to subdivide approximately 14.06-acres into a 121-lot single-family residential subdivision to be built in two phases and to be zoned R-1-4 (Small Lot Single Family Residential – 3,200 square foot minimum lot area).

The project site consists of two parcels and is located on the southwest corner of Mooney Blvd. and Cartmill Avenue (APN 149-380-032, 149-390-022). Entry access to the development will be established through two points of access. One entry will be established off of Cartmill Avenue, the other entry will be established off of Ribolla Avenue. Ribolla Avenue will also be extended to connect to Mooney Blvd.

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Agenda Memo - April 16, 2024
Specific Plan Amendment
In 1999, the Amended Del Lago Specific Plan, which included a land use plan and guidelines for development of a 611-acre site was developed. The proposed Lago Subdivision falls within the Del Lago Specific Plan planning area. Since its original adoption, the Del Lago Specific Plan has guided the development of the 611-acre site which has geographic boundaries with the northern boundary being Cartmill Avenue, western boundary being Hillman Street, southern boundary being Prosperity Avenue, and the eastern boundary being Mooney Blvd. (does not include the former winery property). The Del Lago Specific Plan has been amended 3 times previously to allow for various development that has occurred within the plan area since its adoption.

The applicant is proposing to make several changes to the Amended Del Lago Specific Plan (see attached Del Lago Specific Plan Fourth Amendment). Proposed changes include the following:
- Amendment of the “Revised Concept Plan” (Figure 1-3) to change the land use designation for “Area C” from Community commercial to single-family residential. - Addition of Residential Design Standards for “Area C” which pertain to the Lago Subdivision (Table 3-5) and would supersede zoning requirements of the R-1-4 zone. These standards establish specific requirements relating to:
o Lot sizes
o Lot dimensions
o Garage Type
- Inclusion of Appendix B to provide discussion of updated mitigation measures for the Lago Subdivision as identified in the Initial Study / Mitigated Negative Declaration prepared for the project.
- Other revisions made to ensure tables and descriptions are consistent with new total lot counts for the overall development with the proposed Lago Subdivision. - Several revisions to reflect current conditions and reflect that improvements have been made and development has occurred.

The proposed amendments are necessary to be adopted for entitlement of the Lago Subdivision within the Del Lago Specific Plan.

General Plan Amendment / Zone Amendment
The existing General Plan designation for the site is Community Commercial within the City of Tulare adopted 2035 General Plan. The applicant proposes to amend the General Plan land use designation to designate the entire site as Low Density Residential.

The current zoning designation for the site is C-3 (Retail Commercial). The applicant proposes to amend the zoning designation to allow for the construction of a singlefamily residential subdivision with lot sizes as proposed by the applicant. The Zone Amendment is a request to change the existing zoning designation to R-1-4 (Small-lot Residential).

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Tentative Subdivision Map
The development of a Specific Plan allows for the applicant to propose development standards that deviate from the base zone district as long as the development standards remain consistent with the policies of the General Plan. The applicant is proposing to deviate from the requirements of the R-1-4 as follows:

Standard Proposed Existing
Minimum Lot Area 3,100 sq. ft. 3,200 sq. ft
Rear Yard Area 5 ft. minimum 450 sq. ft. minimum area
Covered Parking One, Two and Two-Car
Tandem
Two-Car
Any remaining standards of the R-1-4 zone, not outlined above, will be required to be met. Staff has reviewed the proposed standards and believe them to be consistent with the policies of the General Plan.

The applicant proposes to construct the subdivision in two phases (See Site Plan). A 7-foot tall block wall with backing lot treatment will be required for parcels along Cartmill Avenue, Mooney Blvd., and Ribolla Street. The project area will be required to be included within the Landscape Maintenance District formed for the Del Lago subdivision or the applicant may form a Homeowners Association or similar entity acceptable to the City Engineer to provide funding for the maintenance and servicing of landscaping improvements, sidewalks, and fences/block walls within common lot areas (including areas of backing lot treatment), and for street maintenance on local streets within the project boundaries.

Mooney Blvd. Improvements
As part of the conditions of approval for the project the applicant will be required to underground existing Southern California Edison power lines along the subject property’s frontage of Mooney Blvd. and to install curb, gutter, sidewalk, landscaping, and a block wall. The City is currently engaged in a project to install many of the same improvements to the south of the project site along the Mooney Blvd. frontages of the Tesori and Bella Oaks subdivisions. Due to the complexity and cost of these improvements in working with Caltrans and Southern California Edison, both the applicant and City staff see potential benefits in working together to install these improvements concurrently. San Joaquin Valley Homes has expressed a willingness to enter into a development agreement with the City to install all of the required improvements as part of a single project in exchange for compensation from the City for improvements south of their project site. If the project is approved, City staff would explore a potential development agreement with San Joaquin Valley Homes and if it is found to be beneficial would bring any possible agreement to Council for its review and approval.

Staff Concerns – Applicants Response
The proposed development is a new concept that is unique to Tulare. Planning staff has some concerns with what has been proposed as outlined below and has provided the applicant with an opportunity to respond to these concerns.

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Loss of Commercially Zoned Land – Planning staff is concerned that the amount of commercially zoned land being lost to residential uses is starting to add up. This is now the third subdivision in the vicinity of the Cartmill Avenue / Prosperity Avenue / Del Lago Area that has resulted in the loss of commercially designated land.

Applicant Response: We understand and appreciate the significance of maintaining a balanced approach to land use planning, ensuring the sustainable growth and development of the city. It is important to note that the demand for housing in the quadrant of the city where our proposed project is situated has been exceptionally high. In response to your concern, we would like to note that there are many properties close to the proposed project that remain zoned for commercial uses. The intersection of Highway 99 and Cartmill currently offers a significant amount of vacant commercial land less than 1.5 miles away from our proposed subdivision, poised to serve as a major commerce corridor upon development completion. Within Del Lago, at the Northwest Corner, there are approximately 12 acres of undeveloped commercial property. At the Southeast Corner of Del Lago, The Vineyard currently offers an additional 8 Acres of land that remains undeveloped, this too is zoned for commercial uses. Lastly, the undeveloped property across Mooney Boulevard from the subject property has a General Plan designation of Village, which will allow staff to consider commercial needs at the time that property is developed.

This land has been vacant for a long time, and we feel that a reconsideration of the current zoning given the recent evolutions of the real estate development market is warranted. We feel that providing options for home buyers and increasing the number of residential dwelling units in the area will support future commercial development in the areas along the commerce corridor identified above.

One Car Garages – One of the floor plans proposed by the applicant will only provide one covered parking space. Another floor plan will provide two covered parking spaces but will be in a tandem configuration. Staff is concerned that the tandem garages will function like one car garages. This will be the only development in the City that staff is aware of that would allow this. Planning staff is hesitant to set this precedence and unsure how well it will function. Staff would note that parking on the driveway, street parking and guest parking will be available in addition to the garages discussed.

Applicant Response: The inclusion of a one-car garage option stems from our research into the market and the ability to continue to offer homes that are more affordable. We estimate 18% of lots will feature the single car garage option. We believe that by providing diverse housing options, we are better able to cater to different preferences and needs within the community. To address potential concerns about parking and garage usage, we intend to implement Covenants, Conditions, and Restrictions (CC&Rs) along with a Homeowners Association (HOA) to regulate garage usage and ensure that space inside the garage remains reserved for parking. This proactive approach will help support the functionality of the subdivision and will address any concerns regarding garage usage effectively.

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Agenda Memo - April 16, 2024
Insufficient Parking – Planning staff is concerned that the combination of the number of guest parking spaces, street parking, and some units having one car garages is not sufficient.

Applicant Response: We understand the concern about the sufficiency of guest parking spaces, particularly given the one-car garage option. To address this concern, we are providing 41 guest parking stalls strategically located at the end of blocks. These areas will be maintained by the HOA to ensure accessibility and convenience for residents and their guests. The HOA will also maintain the front yards of all homes in this development, we feel we have planned a project that will age gracefully.

Environmental
An Initial Study was prepared for this project, consistent with the California Environmental Quality Act (CEQA). The Initial Study and proposed Mitigated Negative Declaration (IS/MND) evaluate the potential environmental impacts associated with the project implementation. It was found that implementation of the proposed project would not result in potentially significant impacts to the environment with the incorporation of mitigation measures.

A 30-day public notice was published on January 25, 2024, for the proposed discretionary approvals and Notice of Intent to adopt (NOI) a Mitigated Negative Declaration for the proposed project. One comment letter was received from the San Joaquin Valley Air Pollution Control District. The most substantive comment recommended that a prioritization screening for the need for a health risk assessment be completed. They applicant completed a prioritization screening which did not screen the project out of the need for a health risk assessment. The applicant then prepared a health risk assessment which concluded that “health risk levels to nearby receptors from project-related construction emissions would be below the air district’s thresholds. Therefore, no significant health risk would occur relating to emissions from Project-related construction emissions. The documents have been provided as Appendix ‘E’ and “F’ within the initial study document provided.

On October 25, 2023, pursuant to Public Resources Code Section 21080.3.1, a request for review to determine if formal consultation is appropriate was sent to tribes that were identified by the Native American Heritage Commission. No comments were received in response to the request for consultation.

Planning Commission
On March 11, 2024, the Planning Commission voted 3-2 to recommend that the City Council deny General Plan Amendment No. 2024-01, Zone Amendment No. 753, Del Lago Specific Plan Fourth Amendment, and the IS/MND prepared for the project. The Planning Commission also voted 3-2 to deny Tentative Subdivision No. 2023-27 – Lago Subdivision.

The applicant has filed an appeal of the Planning Commission’s determination and paid necessary filing fees within the required timeline for appeal.

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Agenda Memo - April 16, 2024
Staff would note that the applicant has worked with City staff in an effort to address concerns that were expressed by the Planning Commission and has revised the proposed tentative subdivision map that was reviewed. The proposed map has been revised by reducing the lot count which has enabled lots to be widened slightly.

Previously, the applicant had been requesting a revision to required side yard setbacks. The revisions now make it so that all lots and all proposed floor plans will meet the required setback. In addition, the revision has resulted in more lots meeting the 3,200 sq. ft. minimum parcel size allowed by the R-1-4 zone.

As outlined above, the applicant is proposing floor plan that only provides a one car garage. When presented to the Planning Commission this floor plan also provided 3 bedrooms and 2 bathrooms. In response to concerns expressed, the applicant has revised this floor plan to provide 2 bedrooms. This was done with the belief that the reduction will help to reduce the number of potential parking spaces needed throughout the development.

Fiscal Impact & Funding Source(s): As development occurs, payment of entitlement, building permit, development impact fees, etc. will be required.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; or 2) Table.

10.2 Housing Element and General Plan Annual Progress Reports.

Recommended Action: Receive and accept the City of Tulare Housing Element and General Plan Annual Progress Reports for the 2023 calendar year and authorize staff to submit to the Governor’s Office of Planning and Research and Department of Housing and Community Development. [S. Sopp]
Summary: Government Code Section 65400 requires the City of Tulare (City) to prepare and submit an Annual Progress Report (APR) on the implementation of the Housing Element of the General Plan (Attachment 1) and the entire General Plan (Attachment 2). The Government Code requires the APR to be “considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments,” and then submitted to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).

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Agenda Memo - April 16, 2024
• Entitlements: The City did not approve entitlement applications for any residential units in 2023 (Summary). Staff would note that 853 residential units were entitled in 2022 and multiple entitlement applications were processed in 2023 but had not yet advanced to Planning Commission / City Council for review and approval.
• Building Permits Issued: The City issued building permits for 479 residential units (1 single-family attached units, 353 single-family detached units, 52 multifamily units consisting of 2 to 4-unit buildings, 57 multi-family units consisting of 5 or more unit-buildings and, 16 accessory dwelling units) (Summary).
• Certificates of Occupancy Issued: The City issued certificates of occupancy for 458 residential units (1 single-family attached units, 337 single-family detached units, 34 multi-family units consisting of 2 to 4-unit buildings, 80 multi-family units consisting of 5 or more unit-buildings and, 6 accessory dwelling units.) (Summary).

Progress Meeting RHNA
Table B summarizes the City’s progress meeting its Regional Housing Needs Assessment (RHNA) allocation for the 2015 to 2023 planning cycle. Based on the number of housing units issued a building permit from 2015 through 2023, Tulare has a remaining need of 1,620 RHNA units. The City has fulfilled its RHNA allocation for Above Moderate Income units and has a remaining need for 1,620 very low, low, and moderate income units (see table provided below). City staff will continue to encourage opportunities to develop very-low, low, and moderate-income units to help meet its RHNA allocation.

Table B: Regional Housing Needs Allocation Progress
Income
Level
RHNA
Allocation
(2015 to
2023)
2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Remaining Need
Very
Low
920 43 68 35 111 774
Low 609 7 21 12 21 40 555
Modera
te
613 193 10 32 34 53 269 291
Above
Modera
te
1,452 485 335 354 533 439 315 125 322 370 2908 0
Total 3,594 485 335 361 597 632 325 157 436 479 1620
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Agenda Memo - April 16, 2024
No Net Loss Finding
In accordance with SB 166, passed in 2017, if a city approves development on a site identified to accommodate RHNA need in the Housing Element at a lower density or different income level than identified, the city needs to make a written finding that the need can be met by other sites identified in the housing element, or “identify and make available” other sites to accommodate the need within 180 days. The City did not approve any development on sites identified to accommodate RHNA in calendar year 2023. No action is being reported.
2023 General Plan APR
Adopted General Plan Amendments
State law allows the General Plan to be amended. In 2023, the City approved 1 amendment to the Land Use Element of the General Plan as outlined below:

GPA 2022-04 Approved Resolution Arun Toor Changed the General Plan land use designation on
approximately 231-acres from
Agriculture to Commercial and
low, medium, and high density
residential.

Major Development Project Milestones
Construction was approved, initiated, or completed within the City of Tulare for the following major projects during the 2023 calendar year:
• Zumwalt Park Renovation
• Component Coffee and Quesadilla Gorilla
• Lactalis
• Ritchie Bros
• Taproom/Lofts
• Industrial Warehouse
Several residential developments, shown below, continue to build out in 2023.

Additional details are provided within the General Plan Annual Progress Report (attached).
• Santa Fe Commons
• Kensington 3-4
• Oakcrest
• Willow Glen
• Farrar
• Liberty Hill
• KCOK
General Plan Implementation Measures Status Update
The City implements its General Plan visions, goals, and policies through the use of many programs, projects, and tools. These implementation measures ensure the Tulare City Council Page 15
Agenda Memo - April 16, 2024
overall direction set forth in the General Plan is translated from general ideas into action, and the City’s vision for its future is met. A full list of General Plan Implementation Measures and their status is included in the APR in Attachment 2 to this staff report.

The objective is to have a clearer Zoning Ordinance, consistent with policies and implementation measures in the General Plan, including streamlining and facilitating orderly growth through process improvements that accelerate housing production, and facilitate compliance with the implementation of the City’s sixth cycle of the regional housing needs assessment (RHNA).

In late 2021, the City of Tulare selected a consultant through an RFP and interview process to assist in preparation of the aforementioned updates to the City’s Zoning Ordinance and related sections of the City’s Municipal Code. In 2022, the City of Tulare Planning Commission held a series of workshops to solicit public input regarding revisions to the City’s Zoning Ordinance. In 2023, the selected consultant worked to provide draft language that makes the changes outlined above while incorporating input received during Planning Commission workshops. Planning staff also worked to review these drafts and provide comments, revisions, and feedback. It is anticipated that the draft document will be taken for public review and adoption by the City Council in the fall of 2024.
6th Cycle Housing Element Update
In 2022 City of Tulare staff began efforts to prepare the City’s 6th Cycle Housing Element Update. The City has chosen to coordinate its efforts with other jurisdictions within the Region to prepare a multi-jurisdictional housing element. In 2022, a consultant was selected to assist in the preparation of the multi-jurisdictional housing element and City staff worked to provide needed information to assist in the preparation of the document. In 2023, public outreach meetings were held to solicit input from the community for incorporation into the document. The consultant also began work to prepare draft sections of the document for review by City staff. City staff worked to review draft sections and provide comments, revisions, and feedback.

The 6th Cycle Housing Element is required to be adopted and presented to the California Department of Housing and Community Development by the Spring of 2024.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

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Agenda Memo - April 16, 2024
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. Denial or tabling of the item will result in the City failing to meet the submittal deadline provided by government code for the APRs presented.

11. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council. [Time Estimate: 9:00-9:35 p.m.]

11.1 Zoning Code Update.

Recommended Action: Receive a presentation on the Zoning Code Update. [M.

Anaya] No staff report associated with this item; informational only.

11.2 Delegated Maintenance Agreement with Caltrans.

Recommended Action: Approve a Delegated Maintenance Agreement with Caltrans and authorize the City Manager to execute all necessary documents on behalf of the City thereof. [M. Correa]
Summary: The City of Tulare’s Office of Safety, Compliance & Facilities department wishes to enter into a Delegated Maintenance Agreement with Caltrans.

The Delegated Maintenance Agreement allows the City to perform necessary fence repairs, fence restoration, graffiti removal, and weed abatement on/in approved Caltrans property.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action as Caltrans will reimburse.

Legal Review: Review by the City Attorney’s Office was completed in December 2023.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

11.3 Financial System Replacement Contract.

Eden Systems is being phased out by the manufacturer, Tyler Technologies, Inc., and will no longer be supported past March 2027.

In May 2022, City Council adopted Resolution 2022-05 appropriating $1,650,000 in American Rescue Plan Act (ARPA) funding towards replacing the financial system Tulare City Council Page 17
Agenda Memo - April 16, 2024
(ERP system). In June 2023, City Council approved the 2023-2025 Capital Improvement Plan that included project IT2023-02 for Phase One of the ERP system replacement. Phase One of the ERP system replacement is a three-year project that includes: Core Financials, Human Resources\Payroll and Utility Billing, all starting in the 2023/2024 fiscal years. Phase Two was also included (project IT2023-03) and is a two-year project that starts in 2025/2026 and includes primality land use-based functions of Permits and Inspections and Code Enforcement.

In September 2023, City Council approved an On-call contract with ClientFirst a technology consultant who will be providing consulting services during the implementation. ClientFirst has also reviewed this contract.

Tyler Technologies is the parent company of the existing financial system, Eden. The Eden ERP system has served the City of Tulare very well for over 30 years. This purchase is based on a sole source because it is following the upgrade path of the existing system. Not all parts of the existing system will be replaced under this contract. Some portions of the system are current and will remain, like the cashiering system, while others like the permitting system still need to be replaced but will be addressed in a later phase. Eden was purchased under Tyler’s Evergreen licensing model, which allowed for upgrades to the system without having to repurchase onetime software licenses for modules that have already been purchased. The evergreen licensing model represents a cost savings of $268,486.

The primary purpose of this purchase is to replace the existing system with modern software that can serve the organization, and the citizens of Tulare into the future.

While developing the scope for this project, additional software modules were identified that would provide value for the City of Tulare. Capital Assets, Contract Management and Time and Attendance Mobile Access are new additional functions.

Cash Management is a core module in Enterprise ERP that is required. The Time and Attendance Module has significantly expanded functionality and is considered a new product. Finally, the content management (i.e., scans of supporting documents) is a new product from Tyler Technologies. Previously, Eden used an interface to Laserfiche, that is not available with the Enterprise ERP software.

Below is a summary listing the components of the Enterprise ERP software included in this contract.

Module
Financial Management
Accounting Existing
Account Payable Existing
Budgeting Existing
Capital Assets New Module
Cash Management Required with new
system
Contract Management New Module
Project and Grant Accounting Existing
Purchasing Existing
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Agenda Memo - April 16, 2024
Revenue Management
Accounts Receivable Existing
Animal Licensing Existing
Cashiering (Including Interface) Existing
General Billing Existing
Utility Customer Information System Existing
Utility Billing Meter Interface Existing
Human Resource Management
Human Resources & Talent Management Existing
Time and Attendance Expanded Function
Time and Attendance Mobile Access New Module
Content Management
Content Management Core New Module From Tyler
Technologies
Fiscal Impact & Funding Source(s): The contract total with tax is 948,113.65. This is part of project IT2023-02 Phase One of the Finance System Replacement and is requesting American Rescue Plan Act (ARPA) funding, account 028-4145-7204.

The project implementation is currently planned to be 25% onsite and 75% remote.

This approach allows for a cost-effective balance of minimizing travel costs while still providing enough on-site time to efficiently achieve project goals. Based on the 25% onsite time, there is an anticipated travel expense for this project of $39,730. These costs are not part of the contract, as they are billed based on the actual amounts. A separate purchase order will be issued to cover these expenses as part of IT2023-02 using ARPA funding.

Due to the complex nature ERP systems, Staff is requesting a 10% contingency for a total value of $94,811.37. ARPA funding does not allow for contingency funds.

Therefore, staff is requesting an appropriation and use of $94,811.37 from Fund 603 Technology CIP fund to cover potential contingency costs. Fund 603 Technology CIP contains sufficient available fund balance.

Legal Review: This contract was review by the City Attorney.

Alternative Action: 1) Approve with changes; 2) Deny - If the contract is not approved, the city risks running unsupported software for the financial system; or 3) Table.

12. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 9:35 p.m.]

13. STAFF UPDATES [Time Estimate: 9:35-9:40 p.m.]

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

14.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): 1 case

15. RECONVENE FROM CLOSED SESSION
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Agenda Memo - April 16, 2024

16. CLOSED SESSION REPORT

17. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, May 7, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, April 2, 2024
6:00 p.m. - Special Meeting
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
COUNCIL ABSENT: Vice Mayor Patrick Isherwood
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Deputy City Clerk Maegan Peton; Assistant City Manager
Josh McDonnell; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha
Whitfield; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Shonna Oneal; Community Development Director
Mario Anaya; Executive Director of Economic Development and Redevelopment Traci Myers; Chief Technology Officer Jason Bowling; Safety, Compliance & Facilities Officer Manny Correa
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

1. CALL TO ORDER SPECIAL MEETING
Mayor Sayre called to order the special meeting of the Tulare City Council at 6:03 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION

2.1 Charter Amendment Review, Discussion, and Direction.

Recommended Action: Review and discuss the possibility of adding a measure to the ballot for the November 5, 2024 General Election in order to amend certain sections of the Charter; and provide direction to staff thereto.

Presented By: City Attorney Mario Zamora and City Manager Marc Mondell Public Comment: None
Council Action: It was the consensus of Council to move forward with further discussion at the first meeting in May.

3. ADJOURN SPECIAL MEETING
The special meeting was adjourned at 6:42 p.m.

Item #: 9.2
Consent
City Council Meeting Minutes Tuesday, April 2, 2024
City of Tulare Page 2

4. CALL TO ORDER REGULAR MEETING
Mayor Sayre called the regular meeting of the City Council to order at 7:01 p.m. in the Council Chamber located at 491 North M Street.

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Human Resources Director Shonna Oneal led the Pledge of Allegiance, and an invocation was given by Russ Siders, Pastor of Sunrise Community Church.

6. PROCLAMATIONS & RECOGNITIONS

6.1 Proclamation for National Donate Life Month – April 2024. Councilmember Sigala read a proclamation proclaiming April 2024 as National Donate Life Month in the City of Tulare.

6.2 Proclamation for National Public Safety Telecommunicators Week – April 14-20. Councilmember Harrell read a proclamation proclaiming the week of April 14-20 as National Public Safety Telecommunicators week in the City of Tulare and presented the proclamation to Public Safety Dispatcher Giouse Carbon.

6.3 Recognition of Miss Tulare County and Miss Tulare County’s Teen. Mayor Sayre and Michelle French, Local Director for the Miss Tulare County/Miss Central Valley pageant, recognized the recipients of Miss Tulare County and Miss Tulare County’s Teen.

6.4 Recognition of Donnette Silva-Carter, Senator Grove’s Woman of the Year.

Councilmember Mederos recognized Donnette Silva-Carter as Senator Grove’s Tulare County Woman of the Year.

7. PUBLIC COMMENTS
The following provided public comment: Donnette Silva-Carter provided various Chamber updates.

8. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.

9. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.

10. CONSENT CALENDAR
Items 10.4 and 10.5 were removed from the Consent Calendar by Council.

It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and carried 4 to 0 (Vice Mayor Isherwood absent) to approve the items on the Consent Calendar as presented except for items 10.4 and 10.5.

10.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

City Council Meeting Minutes Tuesday, April 2, 2024
City of Tulare Page 3

10.2 Special and/or Regular Meeting Minutes of March 19, 2024.

Recommended Action: Approve as submitted. [M. Hermann]

10.3 Tulare Irrigation District Water Main Crossing Common Use Agreement.

Recommended Action: Authorize the City Manager to execute a pipeline crossing common use agreement with Tulare Irrigation District (TID) for an 8-inch water main crossing at Enterprise Street and TID’s Lemos Ditch, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]

PULLED CONSENT CALENDAR ITEMS

10.4 Application for Funding – 2022-2023 HOME.

Recommended Action: Adopt a resolution as presented to approve the submittal of an application to the HOME Program for up to $500,000 for FirstTime Homebuyer, Owner-Occupied Rehabilitation, and Tenant Based Rental Assistance Programs within the City of Tulare. [G. Avitia] Council Action: Councilmember Sigala pulled this item for clarification.

Following discussion, it was moved by Councilmember Mederos, seconded by Mayor Sayre, and carried 4 to 0 (Vice Mayor Isherwood absent) to approve the item as presented.

10.5 EN0088 Prosperity & West Traffic Signal Project – ROW Consultant Contract.

Recommended Action: Approve and authorize the City manager to sign a purchase order amendment for $5,600 with Monument Right of Way for reappraisal fees and additional acquisition services related to City project EN0088 – Prosperity and West Traffic Signal. [M. Miller] Council Action: Councilmember Sigala pulled this item for clarification.

Following discussion, it was moved by Councilmember Sigala, seconded by Councilmember Harrell, and carried 4 to 0 (Vice Mayor Isherwood absent) to approve the item as presented.

11. PUBLIC HEARINGS

11.1 Lago Subdivision.

Recommended Action: Adopt a resolution denying the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision; OR Adopt a resolution upholding the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision, adopt a resolution approving General Plan Amendment No. 2024-01 to change the existing General Plan land use designation from community commercial to low density residential on approximately 14.06 acres, pass-to-print an ordinance approving Zone Amendment No. 753 changing the zoning designation from C-3 (Retail Commercial) to R-1-4 (Small-lot Residential) on approximately 14.06 acres, adopt a resolution approving the Fourth Amendment to the Del Lago Specific Plan, and adopt a resolution to adopt the initial study / mitigated negative declaration prepared for Tentative Subdivision No. 2023-27 – Lago Subdivision, General Plan Amendment no. 2024-01, Zone Amendment No. 753 and the Fourth Amendment of the Del Lago Specific Plan. [S. Sopp] City Council Meeting Minutes Tuesday, April 2, 2024
City of Tulare Page 4
Presented By: City Manager Marc Mondell
Public Comment: None
Council Action: Councilmember Mederos stated he owned property in the area of this project and recused himself due to a conflict of interest and left the dais. It was moved by Councilmember Sigala, seconded by Mayor Sayre, and carried 3 to 0 (Vice Mayor Isherwood absent and Councilmember Mederos recused) to continue the public hearing to April 16, 2024.

12. GENERAL BUSINESS

12.1 Funding for the Arts.

Recommended Action: Receive a presentation on various art-related programs active in other cities and provide direction to staff thereto.

Presented By: City Manager Marc Mondell
Public Comment: None
Council Action: Informational item; no action taken.

12.2 Economic Development Update.

Recommended Action: Receive an update on economic development activity in the City.

Presented By: Executive Director of Economic Development and Redevelopment Traci Myers
Public Comment: None
Council Action: Informational item; no action taken.

12.3 Capital Improvements Project Dashboard for April 2024.

Recommended Action: Accept the Capital Improvements Project Dashboard for April 2024.

Presented By: City Engineer Michael Miller
Public Comment: None
Council Action: Information item; no action taken.

13. FUTURE AGENDA ITEMS - NONE SUBMITTED

14. STAFF UPDATES
Staff provided updates on department activities.

15. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

15.1 Conference with Real Property Negotiations (Govt. Code § 54956.8) Property: 147 South K Street, Tulare
Agency Negotiation: Marc Mondell, Mario U. Zamora, Josh McDonnell, Traci Myers
Negotiating Parties: Adrian and Korrie Herrera
Under Negotiations: Price and terms of payment
Council recessed to closed session at 9:07 p.m.

16. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 9:25 p.m.

City Council Meeting Minutes Tuesday, April 2, 2024
City of Tulare Page 5

17. CLOSED SESSION REPORT
City Attorney Mario Zamora advised there was no reportable action.

18. ADJOURN REGULAR MEETING
The regular meeting was adjourned at 9:25 p.m.

Approved by Council: April 16, 2024

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: April 16, 2024
Department: Police
Submitted by: Fred Ynclan, Chief of Police
Agenda Title: Purchase of FirsTwo

RECOMMENDED ACTION
Authorize and appropriate funds and associated revenues for the purchase of FirsTwo for a three-year contract at $6,000 a year totaling $18,000 with full reimbursement from the California Office of Emergency Services (Cal OES).

SUMMARY
The Tulare Police Department seeks to purchase FirsTwo. This is an investigative tool utilized primarily by the PSAP (public safety answering point) center, as well as patrol and investigations. The application provides location based situational intelligence for law enforcement and fire departments. The application allows users to search by address, name, and phone number. FirsTwo gives us the platform to see what is streaming in our area on social media, which provides real-time information to assist the public in critical incidents.

Since FirstTwo has allowed us to demo the application for a no cost trial period, our agency has been able to locate critical information by phone numbers, addresses, partial names, and social media. All data collected by FirsTwo is through open-source data through internet and social media sources.

California Office of Emergency Services (Cal OES) provides PSAP’s funding every 5 years to upgrade equipment within the PSAP. A majority of the equipment is paid directly through Cal OES, therefore the reimbursement process is not needed. This year, there are residual funds that are available to be used for dispatch operations. These residual funds require the purchases be made by the municipalities and reimbursed once purchased. FirsTwo has been approved by Cal OES for full reimbursement due to its application.

FISCAL IMPACT & FUNDING SOURCE(S)
At the conclusion of the three-year contract, the application will be evaluated for continued use.

Additional non-budgeted funding would be needed to continue with the application if continued.

State - Other Revenues 001-3420-007
Police - Administration - Communications 001-4220-2015

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Item #: 9.3
Consent

9.3 Consent Page 1

ATTACHMENTS
None
Reviewed/Approved:

9.3 Consent Page 2
Staff Report
Meeting: City Council
Date: April 16, 2024
Department: Engineering Services / Project Management
Submitted by: City Engineer, Michael Miller
Agenda Title: Bid Results for Project EN0095 – Academy & Apricot Improvements

RECOMMENDED ACTION
Award and authorize the City Manager to sign contracts related to City Project EN0095, Academy and Apricot Improvement Project; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount and approve the revised budget.

Task Description Contractor Amount

1. Construction Contractor Dawson-Mauldin, LLC of Selma, CA $9,933,583

2. Construction Inspection NV5 of Fresno, CA $623,207

3. Materials Testing Blackburn Consulting of Fresno, CA $385,135

4. Construction Surveying 4Creeks of Visalia, CA $130,000

5. Labor Compliance Silveira Consulting of Galt, CA $32,880

SUMMARY
Capital Improvement Project No. EN0095 is a full street rehabilitation project located north of San Joaquin Avenue and between Cherry and Blackstone Streets. The project limits include the street segments depicted in attached Exhibit “A.”
The project would reconstruct the affected street sections and would include ADA compliance improvements to intersection curb returns and alley/sidewalk intersections that fall within the project limits. Additionally, the project would address necessary water, sewer, and storm drain improvements within those limits. The need for the project was identified through the City’s Pavement Management System and the review of the condition of the City’s utility infrastructure. This project was included and approved as a part of the City’s 2023-2028 transportation and utility CIP program budget.

Task Description Contractor Amount

1. Construction Contractor Dawson-Mauldin, LLC of Selma, CA $9,933,583

2. Construction Inspection NV5 of Fresno, CA $623,207

3. Materials Testing Blackburn Consulting of Fresno, CA $385,135

4. Construction Surveying 4Creeks of Visalia, CA $130,000

5. Labor Compliance Silveira Consulting of Galt, CA $32,880 A detailed breakdown of the construction contracts required for the subject project is as follows:

1. Construction Contract: Dawson-Mauldin, LLC
On March 28, 2024, four bids were opened from the Request for Bids #24-795, Academy & Apricot Improvement Project. The bid opening results are attached. The Item #: 9.4
Consent

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project sheet for the Academy & Apricot Improvement project was approved in the 2023-2028 transportation and utility CIP program budget by BPU on June 20, 2023, and included an estimated construction cost of $9,434,206. Once the plans and specifications were finalized the Engineer provided an estimated construction cost of $7,500,000. Bids ranged from $9,933,583 – $11,388,127. The bids were evaluated and determined to be responsive to the requirements and instructions contained in the bid documents. While the combination of bids received are higher than the construction estimate, this appears to be consistent with current construction cost trends being observed throughout the state and nation. Inflation, labor shortages, and significant supply chain issues in the building industry are driving higher than expected costs.

Blackburn Consulting of Fresno, CA is included on the list of pre-qualified On-Call Geotechnical and Materials Testing consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. Blackburn Consulting has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $385,135, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and is below the amount anticipated for these services.

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this project. 4Creeks has reviewed the scope of the Academy & Apricot Improvements Project and has proposed to perform the necessary services on a time and materials basis, not to exceed $130,000. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.

FISCAL IMPACT & FUNDING SOURCE(S)
Please refer to the revised Project Sheet attached to this staff transmittal for a breakdown of project costs and proposed funding sources.

LEGAL REVIEW
Subsequent contract approval to be reviewed by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – Changes to the project scope following the construction contract bide opening could invalidate the entire bid process and are therefore not recommended.

2. Deny - Council could elect to reject all bids, direct staff to reduce the scope of the project, revise the design accordingly, and re-bid the project. It is anticipated that a reduced scope would result in lower bids, although additional design costs associated with revising the project plans would be incurred.

3. Table - Reject all bids received for Project EN0095 – Academy and Apricot Improvements, and direct staff to reprogram the project for construction in fiscal year 2025/2026 when additional funding is projected to become available.

ATTACHMENTS

1. Exhibit A – Project EN0095 Affected Streets

2. EN0095 Bid Summary

3. Dawson-Mauldin, LLC Bid Schedule

4. NV5 Construction & Inspection Proposal

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5. Blackburn Materials Testing Proposal

6. 4Creeks Construction Surveying Proposal

7. Silveira Labor Compliance Proposal

8. Revised Project Sheet
Reviewed/Approved:

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EXHIBIT “A”
Project EN0095 Affected Streets

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Fee and Effort Table - Academy and Apricot Improvements Project Description Kevin Reisz PE, PIC/PM Resident Engineer
Steven Wasse - Lead Field
Engineer*
Assistant Resident
Engineer/Office Engineer** TOTAL COST TOTAL HOURS
40 40

1.1 Review Project Documents 0

1.2 Project Kick-Off Meeting 0

1.3 Establish Project Procedures 0

1.4 Pre-construction meeting 0

1.5 Review Initial Submittals 0

1.6 Pre-construction Photos & Videos 0

1.7 Pothole and Conflict Certification 0

1.8 Constructability Review 0
Man Hour Total 0 40 0 40
Hourly Rate Charge (1) $300.00 $266.88 $209.37 $122.74
Total Fees $0.00 $0.00 $8,374.80 $0.00 $8,374.80
TASK 2: CONSTRUCTION MANAGEMENT SERVICES DURING CONSTRUCTION 2240 1120 3360 Task 2.1 Project Coordination and Correspondence

2.1.1 Interaction with City Staff, Designer, and Utilities 0

2.1.2 Utility Coordination 0

2.1.3 Progress Meetings 0

2.1.4 Monthly Reporting to City Project Manager 0
Task 2.2 Project Administration and Documentation

2.2.1 Document Control 0

2.2.2 Schedule Review 0

2.2.3 Weekly Statement of Working Days 0

2.2.4 Submittal Management 0

2.2.5 Request for Information Management 0

2.2.6 Change Order Management & Cost Control 0

2.2.7 Monthly Payment Review & Cost Control 0

2.2.8 Labor Compliance 0

2.2.9 Claims Management 0
Task 2.3 Construction Observation Services / Inspection Services

2.3.1 Field Inspection 0

2.3.2 Materials Testing, Quality Assurance Testing & Source Inspection 0

2.3.3 Storm Water Pollution Prevention Plan (SWPPP) Monitoring 0

2.3.4 Traffic Control 0

2.3.5 Construction Staking & Layout Verification 0

2.3.6 Environmental Monitoring 0
Man Hour Total 0 0 2240 1120 3360
Hourly Rate Charge (1) $300.00 $266.88 $209.37 $122.74
Total Fees $0.00 $0.00 $468,988.80 $137,468.80 $606,457.60 TASK 3: POST CONSTRUCTION & PROJECT CLOSEOUT SERVICES 40 40

3.3.1 Final Inspection & Issue Notice of Completion 0

3.3.2 Prepare & Recommend Final Payment Request 0

3.3.3 Review & Submit As-Builts 0

3.3.4 Prepare Final Reports 0

3.3.5 Deliver Project Files 0
Man Hour Total 0 0 40 0 0
Hourly Rate Charge (1) $300.00 $266.88 $209.37 $122.74
Total Fees $0.00 $0.00 $8,374.80 $0.00 $8,374.80
Materials Testing $ - 0
Total Fees $0.00
None 0
Total Fees $0.00
Surveying $ - 0
Total Fees $0.00
Part 1 Man Hour Total 0 0 2320 1120 3440
Total Fees Parts 1 - 4 $0.00 $0.00 $485,738.40 $137,468.80 $623,207.20 Notes and Assumptions:
$ -

1. NV5 employees hourly rates include overhead, profit, safety equipment, inspector laptops, cell phones, and a vehicle. Office Expenses $ -

2. Compensation to provide Construction Management services required for this project shall be on a time and material basis for the necessary personel.

3. Adjustments to this estimate may be required if the actual schedule requires more or less construction management services than proposed. $623,207.20

4. This cost estimate is based on a construction contract duration of 280 working days. It assumes a typical 8 hour work day, Monday through Friday (2240 hours).

5. Time extensions to the project may result in additional construction management services.

6. This cost estimate includes an as needed person to assist with contract administration including but not limited to submittal and RFI reviews, but assumes no Resident Engineer services on the project.

Part 1 - Construction Management & Inspection through Project Closeout Part 2 - Materials Testing / Source Inspection
Part 3 - Public Outreach
Part 4 - Additional Services
Other Direct Costs
TASK I: PRECONSTRUCTION SERVICES

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March 12, 2024
Dylan Chimienti
City of Tulare
411 East Kern
Tulare, CA 93274
Re: Labor Compliance Monitoring Services
Academy & Apricot Improvements Project
Dear Mr. Chimienti,
Silveira Consulting appreciates the opportunity to submit a price proposal for the Academy & Apricot Improvements Project. We are very much looking forward to this opportunity to work with the City of Tulare and your team.

It is my understanding that this project will be a 280 working day construction effort. The construction value of this project is estimated to be $7.5 million per the Contract Documents and will begin in the Spring of 2024. Federal Funding for triggers the federal Davis-Bacon requirements in unison with the state requirements.

Our efforts will be to monitor all aspects of labor compliance to alleviate the burden of this scope from the City’s staff. Enclosed please find our scope and proposed fee. Should you have any questions, please do not hesitate to contact me directly.

Thank you for again for the opportunity.

Sincerely,
Jamie Silveira, President

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Exhibit A

SCOPE OF SERVICES
Consultant Service Agreement between City of Tulare ("City") and Silveira Consulting, Inc. ("Consultant")
Project: Academy & Apricot Improvements Project
Based on the funding source for the above mentioned project, the State of California Public Works requirements and federal Davis-Bacon requirements will be required. With that being said, Silveira Consulting recommends the below scope of work to ensure complicit compliance across the board.

1. Verify the appropriate state prevailing wage determinations and contractor licensing and registration per the California Labor Code.

2. Develop and issue training package for distribution at the pre-job conference.

3. Participate in pre-job conference with contractors and subcontractors – ensuring they understand their responsibilities to both the general contractor and the City.

4. Receive by US Mail and track contractors’ certified payroll records through our in-house tracking program. Including verification that certified payroll has been submitted to the State per the requirements of Labor Code Section 1771.4 (a) (3).

5. Review contractors’ payment of applicable prevailing wage rates and fringe benefits, along with other state requirements to ensure compliance with the State and federal reporting requirements.

6. Track and verify apprentice worker’s registration in approved State of California Apprenticeship Programs. Ensure compliance with federal apprenticeship requirements.

7. Monitor construction site for prevailing wage rates and worker classifications through monthly site visits and worker interviews. Also, ensure state and federal jobsite postings are current and workers have access to postings and project wage determinations. Compare site visit data and certified payroll data for inconsistencies.

8. Fulfill Public Records Act (PRA) requests for assurance of redaction policies when requested by the City.

9. Provide Monthly Status Report to the City detailing status of Labor Compliance Activities.

10. Notify contractor and subcontractors of any missing or deficient labor compliance documentation as applicable.

11. Notify contractor and subcontractors of any violations pertaining to the review of the submitted documentation and or site visit notations.

12. Investigate missing and deficient documentation or violations as they pertain to state and federal requirements.

13. Prepare audit identifying violations and recommended restitution amounts owed to affected worker(s).

14. Assist the City in preparation of formal complaints to be sent to Department of Industrial Relations, Division of Labor Standards Enforcement (DIR/DLSE) and DOL, if necessary.

15. Recommend to client withholding contract payments for noncompliance, as necessary.

16. Post Construction/Close-out Review consisting of preparing the labor compliance files for project closeout.

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SCHEDULE OF FEES AND EXPENSES
Project Fee
In review of the project funding source and the detailed information provided by the City regarding the Academy & Apricot Improvements Project.

Silveira Consulting respectfully submits the following fixed fee Not to Exceed amount of $32,880, which reflects our services as noted in the scope of work (Exhibit A) with an anticipated construction start of September of 2023
Level of Effort
Pre-Construction Tasks Monthly
Hours
# of
Months
Hourly
Rate
Overall
Cost
Labor Compliance Officer 8 1 $115.00 $920
Labor Compliance Analyst 3 1 $80.00 $240
Labor Compliance Field Investigator** 0 1 $95.00 $0
Total $1,160.00
Construction Tasks Monthly
Hours
# of
Months
Hourly
Rate
Overall
Cost
Labor Compliance Officer 8 13 $115.00 $11,960
Labor Compliance Analyst 8 13 $80.00 $8,320
Labor Compliance Field Investigator** 8 13 $95.00 $9,880 Total $30,160
Post-Construction Tasks Monthly
Hours
# of
Months
Hourly
Rate
Overall
Cost
Labor Compliance Officer 8 1 $115.00 $920
Labor Compliance Analyst 8 1 $80.00 $640
Labor Compliance Field Investigator** 0 1 $95.00 $0
Total $1,560
TOTAL: $32,880
** Please note that all travel miles will be billed at the current federal mileage reimbursement amount. The current amount is: $.655 per mile.

Please note the above fee includes all labor, equipment, materials, transportation, overhead, profit, insurance, sale and other taxes, licenses, incidentals, and all other related costs necessary to meet the work requirements.

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PROJECT MANAGER:

PROJECT DESCRIPTION & PURPOSE:

KEY POINTS:

PROJECT STATUS:

PROJECTED START DATE:

PROJECTED END DATE:

FUTURE M & O:
(Additional Cost & Department
Responsibility)
CRITERIA (1-8):

To Date
Remaing Year
2024/2025 2025/2026 2026/2027 2027/2028
010 -Conceptual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 020 - Preliminary Design $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 030 - Environmental $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0200 - Professional Services/Consultant $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 040 - Final Design $296,065.57 $40,747.24 $4,251.42 $0.00 $0.00 $0.00 $0.00 $341,064.23 $0.00 0202 - Engineering $285,544.70 $29,800.00 $2,954.70 $0.00 $0.00 $0.00 $0.00 $318,299.40 $0.00 0996 - Project Management Time $10,332.56 $10,812.87 $1,223.78 $0.00 $0.00 $0.00 $0.00 $22,369.21 $0.00 0998 - Development Services Time $188.31 $134.37 $72.94 $0.00 $0.00 $0.00 $0.00 $395.62 $0.00 050 - Construct/Impliment $0.00 $4,224.72 $0.00 $12,396,229.00 $0.00 $0.00 $0.00 $12,400,453.72 $0.00 0101 - Copies & Printing $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0202 - Engineering $0.00 $0.00 $0.00 $22,765.00 $0.00 $0.00 $0.00 $22,765.00 $0.00 0204 - Special Inspection $0.00 $0.00 $0.00 $623,207.00 $0.00 $0.00 $0.00 $623,207.00 $0.00 0205 - Labor Compliance $0.00 $0.00 $0.00 $35,700.00 $0.00 $0.00 $0.00 $35,700.00 $0.00 0224 - Surveyor $0.00 $0.00 $0.00 $130,000.00 $0.00 $0.00 $0.00 $130,000.00 $0.00 0600 - Construction/Labor & Materials $0.00 $0.00 $0.00 $9,931,583.00 $0.00 $0.00 $0.00 $9,931,583.00 $0.00 0612 - Materials Testing $0.00 $0.00 $0.00 $385,135.00 $0.00 $0.00 $0.00 $385,135.00 $0.00 0996 - Project Management Time $0.00 $0.00 $0.00 $150,000.00 $0.00 $0.00 $0.00 $150,000.00 $0.00 0998 - Development Services Time $0.00 $99.42 $0.00 $5,000.00 $0.00 $0.00 $0.00 $5,099.42 $0.00 0999 - Contingency $0.00 $4,125.30 $0.00 $1,112,839.00 $0.00 $0.00 $0.00 $1,116,964.30 $0.00 060 - Close Out $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Costs: $296,065.57 $44,971.96 $4,251.42 $12,396,229.00 $0.00 $0.00 $0.00 $12,741,517.95 $0.00 To Date Remaing Year 2024/2025 2025/2026 2026/2027 2027/2028 Fund 021 - Measure R Local $0.00 $0.00 $0.00 $1,000,000.00 $0.00 $0.00 $0.00 $1,000,000.00 Fund 022 - Gas Tax (HUTA) $91,534.66 $13,903.99 $1,314.41 $732,544.92 $0.00 $0.00 $0.00 $839,297.98 Fund 122 - Gas Tax (RMRA) SB1 $0.00 $0.00 $0.00 $1,700,000.00 $0.00 $0.00 $0.00 $1,700,000.00 Fund - CDBG $0.00 $0.00 $0.00 $400,000.00 $0.00 $0.00 $0.00 $400,000.00 Fund 610 - Water CIP Fund $70,289.81 $10,676.93 $1,009.34 $2,943,025.89 $0.00 $0.00 $0.00 $3,025,001.97 Fund 615 - Sewer/Wastewater CIP Fund $89,768.13 $13,635.66 $1,289.05 $3,758,580.67 $0.00 $0.00 $0.00 $3,863,273.51 Fund 647 - Surface Water CIP Fund $44,472.96 $6,755.38 $638.62 $1,862,077.52 $0.00 $0.00 $0.00 $1,913,944.49 Total Funding: $296,065.57 $44,971.96 $4,251.42 $12,396,229.00 $0.00 $0.00 $0.00 $12,741,517.95 $0.00 Michael Miller, Dylan Chimienti
Pavement Management System / Utility project on Apricot Ave. between Gem St. and Blackstone St., Academy Ave. between Gem St. and Blackstone St., Pine Dr. between Academy Ave. and Highland St., La Mesa Dr. between Academy Ave. and Blackstone St., Gem St. between San Joaquin Ave. and Academy Ave., Highland St. between San Joaquin Ave. and the Santa Fe Trail, and Olympic Ct. at Apricot Ave. Includes ADA concrete work, water, sewer and surface water facilities.

Critical infrastructure improvements; traffic safety; relief from potential liability concerns; compliance with the Americans with Disabilities Act.

Underway
6/1/2024
9/30/2025
N/A
Criteria 7: Project addresses regulatory, safety, or environmental requirements that could threaten in whole or in part the City's ability to operate a core program or function at some future time if not replaced or repaired.

Funding Sources Total Unfunded
Prior Fiscal
Years
Fiscal Year 2023/2024 Future Fiscal Years
Costs Description Total Unfunded
Prior Fiscal
Years
Fiscal Year 2023/2024 Future Fiscal Years
2023 - 2028 CIP Transportation
PROJECT #: EN0095
Academy-Apricot Improvements
(Capital)
(Capital)
District(s): 4
107

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G/L #'s:

Notes: Approved by TMT on 3/25/2021. EN2016-006 - Highland-Academy Tracts; EN2021-8A. Revised 04/04/24. 108

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Staff Report
Meeting: City Council
Date: April 16, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: CFT NV Developments Oversize Construction Reimbursement Agreement

RECOMMENDED ACTION
Authorize the City Manager to execute an oversize construction reimbursement agreement with CFT NV Developments, LLC, a Nevada Limited Liability Company, for construction costs associated with the Panda Express restaurant that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
As part of the development of Panda Express located near the northeast corner of Blackstone Street and Bardsley Avenue, CFT NV Developments, LLC, a Nevada Limited Liability Company was required to install oversized street improvements. These included, but were not limited to the following:
• Installation of a median island in Bardsley Avenue just east of Blackstone Street.

Costs associated with supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code. The attached oversized construction reimbursement agreement identifies the work completed by the Developer that is reimbursable under the City’s oversize reimbursement procedures and specifies that the City will reimburse the developer for their expenditures plus accrued interest as funding becomes available through the City’s development impact fee program.

FISCAL IMPACT & FUNDING SOURCE(S)
DIF Local Street & Traffic Signals – Interest / #001-4320-8306 DIF Local Street & Traffic Signals – Principal / #001-4320-8206

LEGAL REVIEW
The oversized construction reimbursement agreement has been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – No impact.

2. Deny – The City entered into a preliminary oversize agreement with the developer prior to the start of construction for the work described. Per the provisions of the Fee Mitigation Act, failing to reimburse the Developer for improvements required by the City to address impacts above and beyond those directly attributable to the development could result in litigation. Additionally, the developer may avoid undertaking future projects within the City limits.

3. Table – A delay in the City’s approval of the oversize agreement could delay oversize reimbursement payments to the Developer and incur additional interest charges to the City.

Item #: 9.5
Consent

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ATTACHMENTS

1. Oversize Construction Reimbursement Agreement
Reviewed/Approved:

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Staff Report
Meeting: City Council
Date: April 16, 2024
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Funds from Fresno City College for Outside Training

RECOMMENDED ACTION
Accept and appropriate funds for outside training from Fresno City College in the amounts of $8,921.01 and $4,495.61.

SUMMARY
The City of Tulare Fire Department (TFD) has an agreement with Fresno City College (FCC) dated March 2021. The agreement outlines that FCC shall pay TFD 60% each academic year of the state apportionment earned to eligible instructional full-time equivalent student hours.

TFD is bound by this agreement to use these funds only for educational and training related purposes.

TFD receives funding at the end of each semester after submitting training hours to FCC.

Once the funding is received, it is deposited into the City’s fire training college account. The City received a check in the amount of $8,921.01 in the fall of 2023 and FCC has been invoiced for the remaining FY 2023-24 amount of $4,495.61.

FISCAL IMPACT & FUNDING SOURCE(S):

Funding Source: Fire Training College Fund 001-3257-018 Expenditure Account: Outside Training Fund 001-4230-2132 LEGAL REVIEW:

This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENT
None
Reviewed/Approved:

Item #: 9.6
Consent

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Staff Report
Meeting: City Council
Date: April 16, 2024
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Lago Subdivision

RECOMMENDED ACTION
Adopt a resolution denying the applicant’s appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision, OR Adopt a resolution upholding the applicant’s appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision, adopt a resolution approving General Plan Amendment No. 2024-01 to change the existing General Plan land use designation from community commercial to low density residential on approximately 14.06 acres, adopt a resolution approving Zone Amendment No. 753 changing the zoning designation from C-3 (Retail Commercial) to R-1-4 (Small-lot Residential) on approximately

14.06 acres, adopt a resolution approving the Fourth Amendment to the Del Lago Specific Plan, adopt resolution to adopt the initial study / mitigated negative declaration prepared for Tentative Subdivision No. 2023-27 – Lago Subdivision, General Plan Amendment no. 2024-01, Zone Amendment No. 753 and the Fourth Amendment of the Del Lago Specific Plan.

SUMMARY
This is a request by San Joaquin Valley Homes to subdivide approximately 14.06-acres into a 121-lot single-family residential subdivision to be built in two phases and to be zoned R-1-4 (Small Lot Single Family Residential – 3,200 square foot minimum lot area).

Specific Plan Amendment
In 1999, the Amended Del Lago Specific Plan, which included a land use plan and guidelines for development of a 611-acre site was developed. The proposed Lago Subdivision falls within the Del Lago Specific Plan planning area. Since its original adoption, the Del Lago Specific Plan has guided the development of the 611-acre site which has geographic boundaries with the northern boundary being Cartmill Avenue, western boundary being Hillman Street, southern boundary being Prosperity Avenue, and the eastern boundary being Mooney Blvd. (does not include the former winery property). The Del Lago Specific Plan has been amended 3 times previously to allow for various development that has occurred within the plan area since its adoption.

The applicant is proposing to make several changes to the Amended Del Lago Specific Plan (see attached Del Lago Specific Plan Fourth Amendment). Proposed changes include the following:

Item #: 10.1
Public Hearing

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- Amendment of the “Revised Concept Plan” (Figure 1-3) to change the land use designation for “Area C” from Community commercial to single-family residential. - Addition of Residential Design Standards for “Area C” which pertain to the Lago Subdivision (Table 3-5) and would supersede zoning requirements of the R-1-4 zone.

These standards establish specific requirements relating to:
o Lot sizes
o Lot dimensions
o Garage Type
- Inclusion of Appendix B to provide discussion of updated mitigation measures for the Lago Subdivision as identified in the Initial Study / Mitigated Negative Declaration prepared for the project.
- Other revisions made to ensure tables and descriptions are consistent with new total lot counts for the overall development with the proposed Lago Subdivision. - Several revisions to reflect current conditions and reflect that improvements have been made and development has occurred.

The proposed amendments are necessary to be adopted for entitlement of the Lago Subdivision within the Del Lago Specific Plan.

The current zoning designation for the site is C-3 (Retail Commercial). The applicant proposes to amend the zoning designation to allow for the construction of a single-family residential subdivision with lot sizes as proposed by the applicant. The Zone Amendment is a request to change the existing zoning designation to R-1-4 (Small-lot Residential).

Tentative Subdivision Map
The development of a Specific Plan allows for the applicant to propose development standards that deviate from the base zone district as long as the development standards remain consistent with the policies of the General Plan. The applicant is proposing to deviate from the requirements of the R-1-4 as follows:

Staff has reviewed the proposed standards and believe them to be consistent with the policies of the General Plan.

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a Homeowners Association or similar entity acceptable to the City Engineer to provide funding for the maintenance and servicing of landscaping improvements, sidewalks, and fences/block walls within common lot areas (including areas of backing lot treatment), and for street maintenance on local streets within the project boundaries.

The City is currently engaged in a project to install many of the same improvements to the south of the project site along the Mooney Blvd. frontages of the Tesori and Bella Oaks subdivisions. Due to the complexity and cost of these improvements in working with Caltrans and Southern California Edison, both the applicant and City staff see potential benefits in working together to install these improvements concurrently. San Joaquin Valley Homes has expressed a willingness to enter into a development agreement with the City to install all of the required improvements as part of a single project in exchange for compensation from the City for improvements south of their project site. If the project is approved, City staff would explore a potential development agreement with San Joaquin Valley Homes and if it is found to be beneficial would bring any possible agreement to Council for its review and approval.

Loss of Commercially Zoned Land – Planning staff is concerned that the amount of commercially zoned land being lost to residential uses is starting to add up. This is now the third subdivision in the vicinity of the Cartmill Avenue / Prosperity Avenue / Del Lago Area that has resulted in the loss of commercially designated land.

In response to your concern, we would like to note that there are many properties close to the proposed project that remain zoned for commercial uses. The intersection of Highway 99 and Cartmill currently offers a significant amount of vacant commercial land less than 1.5 miles away from our proposed subdivision, poised to serve as a major commerce corridor upon development completion. Within Del Lago, at the Northwest Corner, there are approximately 12 acres of undeveloped commercial property. At the Southeast Corner of Del Lago, The Vineyard currently offers an additional 8 Acres of land that remains undeveloped, this too is zoned for commercial uses. Lastly, the undeveloped property across Mooney Boulevard from the subject property has a General Plan designation of Village, which will allow staff to consider commercial needs at the time that property is developed.

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One Car Garages – One of the floor plans proposed by the applicant will only provide one covered parking space. Another floor plan will provide two covered parking spaces but will be in a tandem configuration. Staff is concerned that the tandem garages will function like one car garages. This will be the only development in the City that staff is aware of that would allow this. Planning staff is hesitant to set this precedence and unsure how well it will function. Staff would note that parking on the driveway, street parking and guest parking will be available in addition to the garages discussed.

Insufficient Parking – Planning staff is concerned that the combination of the number of guest parking spaces, street parking, and some units having one car garages is not sufficient.

10.1 Public Hearing Page 4
Planning Commission
On March 11, 2024, the Planning Commission voted 3-2 to recommend that the City Council deny General Plan Amendment No. 2024-01, Zone Amendment No. 753, Del Lago Specific Plan Fourth Amendment, and the IS/MND prepared for the project. The Planning Commission also voted 3-2 to deny Tentative Subdivision No. 2023-27 – Lago Subdivision.

The applicant has filed an appeal of the Planning Commission’s determination and paid necessary filing fees within the required timeline for appeal.

Staff would note that the applicant has worked with City staff in an effort to address concerns that were expressed by the Planning Commission and has revised the proposed tentative subdivision map that was reviewed. The proposed map has been revised by reducing the lot count which has enabled lots to be widened slightly. Previously, the applicant had been requesting a revision to required side yard setbacks. The revisions now make it so that all lots and all proposed floor plans will meet the required setback. In addition, the revision has resulted in more lots meeting the 3,200 sq. ft. minimum parcel size allowed by the R-1-4 zone.

As outlined above, the applicant is proposing floor plan that only provides a one car garage.

When presented to the Planning Commission this floor plan also provided 3 bedrooms and 2 bathrooms. In response to concerns expressed, the applicant has revised this floor plan to provide 2 bedrooms. This was done with the belief that the reduction will help to reduce the number of potential parking spaces needed throughout the development.

FISCAL IMPACT & FUNDING SOURCE(S)
As development occurs, payment of entitlement, building permit, development impact fees, etc. will be required.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Table

ATTACHMENTS

1. Resolution – General Plan Amendment

2. Resolution – Specific Plan Amendment

3. Resolution – IS / MND Adoption

4. Resolution – Denying Appeal of TSM

5. Resolution – Upholding Appeal of TSM

6. Ordinance – Zone Amendment

7. PC Package

8. Final IS / MND (provided in a separate document due to size)

9. Letter of Support from Del Lago Development and the Lagomarsino Group

Reviewed/Approved:

10.1 Public Hearing Page 5
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
ADOPTING GENERAL PLAN AMENDMENT NO. 2024-01
WHEREAS, the Tulare City Council at a regular meeting on April 2, 2024, held a public hearing to consider amending the City of Tulare General Plan land use designation from Community Commercial to Low Density Residential on approximately

14.06-acres located on the south west corner of Cartmill Avenue and Mooney Blvd. (APNs 149-380-032, 149-390-022); and
WHEREAS, the Tulare City Council has determined that the proposed amendment is in the public interest; and
WHEREAS, the Tulare City Council determined that the proposed amendment is consistent and compatible with the General Plan and implementation programs which may be affected; and
WHEREAS, the Tulare City Council determined that the proposed amendment’s impacts have been adequately assessed and have been determined not to be detrimental to public, health, safety, or welfare; and
WHEREAS, the Tulare City Council determined that the proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. General Plan Amendment No. 2024-01 is hereby adopted and will be reflected on the General Plan Land Use Map.

PASSED, APPROVED, AND ADOPTED on this 16th day of April 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

10.1 Public Hearing Page 6 ATTACHMENT 1
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

ADOPTING THE FOURTH AMENDMENT TO THE DEL LAGO SPECIFIC PLAN WHEREAS, the Tulare City Council at a regular meeting on April 2, 2024, held a public hearing to consider amending the Del Lago Specific Plan to accommodate proposed development of Area ‘C’ of the Del Lago Revised Concept Plan and more specifically described as the southwest corner of Cartmill Avenue and Mooney Blvd.

The proposed amendment is the Fourth Amendment of the Del Lago Specific Plan; and WHEREAS, the Tulare City Council has determined that the proposed amendment is in the public interest; and
WHEREAS, the Tulare City Council determined that the proposed amendment is consistent and compatible with the General Plan and implementation programs which may be affected; and
WHEREAS, the Tulare City Council determined that the proposed amendment’s impacts have been adequately assessed and have been determined not to be detrimental to public, health, safety, or welfare; and
WHEREAS, the Tulare City Council determined that the proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. The Fourth Amendment to the Del Lago Specific Plan is hereby adopted.

PASSED, APPROVED, AND ADOPTED on this 16th day of April 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

10.1 Public Hearing Page 7 ATTACHMENT 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE SUBDIVISION MAP 2023-27 – (LAGO SUBDIVISION), DEL LAGO SPECIFIC PLAN – FOURTH AMENDMENT, GENERAL PLAN AMENDMENT NO. 2024-01 AND ZONE AMENDMENT NO. 753
WHEREAS, the Council of the City of Tulare held a regular meeting on April 2, 2024 to adopt a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2023-27 – (Lago Subdivision), Del Lago Specific Plan – Fourth Amendment, General Plan Amendment No. 2024-01, and Zone Amendment No. 753; and WHEREAS, the Council of the City of Tulare determined that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act; and
WHEREAS, the Council of the City of Tulare considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the project will have a significant effect on the environment after mitigation; and WHEREAS, the Council of the City of Tulare determined that the proposed Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. The Mitigated Negative Declaration prepared for Tentative Subdivision Map 2023-27 – (Lago Subdivision), Del Lago Specific Plan – Fourth Amendment, General Plan Amendment No. 2024-01 and Zone Amendment No. 753 is hereby adopted by the Council of the City of Tulare.

PASSED, APPROVED, AND ADOPTED on this 16th day of April 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

10.1 Public Hearing Page 8 ATTACHMENT 3
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
DENYING THE APPEAL OF TENTATIVE SUBDIVISION MAP NO. 2023-27 – LAGO

SUBDIVISION
WHEREAS, the Council of the City of Tulare held a regular meeting on April 2, 2024 and considered an appeal filed by San Joaquin Valley Homes of the Planning Commission’s decision to deny Tentative Subdivision Map No. 2023-27 – Lago Subdivision, a request to construct a 125-lot single-family residential subdivision to be located on the southwest corner of Cartmill Avenue and Mooney Boulevard; and WHEREAS, on April 16, 2024, the Council of the City of Tulare voted ___ to ___ on an appeal of Tentative Subdivision Map No. 2023-27 – Lago Subdivision, resulting in denial of said appeal; and
WHEREAS, the Council of the City of Tulare determined that this request is not in conformance with the objectives of the General Plan; and WHEREAS, the Council of the City of Tulare determined that the proposed design or improvements of the proposed subdivision are inconsistent with the Tulare General Plan; and
WHEREAS, the Council of the City of Tulare determined that the proposed site is physically unsuitable for the type of development proposed; and WHEREAS, the Council of the City of Tulare determined that the proposed subdivision map is inconsistent with the Tulare City Municipal Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. The appeal of Tentative Subdivision Map No. 2023-27 - Lago Subdivision is hereby denied.

PASSED, APPROVED, AND ADOPTED on this 16th day of April 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

10.1 Public Hearing Page 9 ATTACHMENT 4
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
UPHOLDING THE APPEAL OF TENTATIVE SUBDIVISION MAP NO. 2023-27 –

LAGO SUBDIVISION
WHEREAS, the Council of the City of Tulare held a regular meeting on April 2, 2024 and considered an appeal filed by San Joaquin Valley Homes of the Planning Commission’s decision to deny Tentative Subdivision Map No. 2023-27 – Lago Subdivision, a request to construct a 125-lot single-family residential subdivision to be located on the southwest corner of Cartmill Avenue and Mooney Boulevard; and WHEREAS, on April 16, 2024, the Council of the City of Tulare voted ___ to ___ on an appeal of Tentative Subdivision Map No. 2023-27 – Lago Subdivision, resulting in upholding of said appeal; and
WHEREAS, the Council of the City of Tulare determined that this request is in conformance with the objectives of the General Plan; and WHEREAS, the Council of the City of Tulare determined that the proposed design or improvements of the proposed subdivision are consistent with the Tulare General Plan; and
WHEREAS, the Council of the City of Tulare determined that the proposed site is physically suitable for the type of development proposed; and WHEREAS, the Council of the City of Tulare determined that the proposed subdivision map is consistent with the Tulare City Municipal Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. The appeal of Tentative Subdivision Map No. 2023-27 - Lago Subdivision is hereby upheld.

PASSED, APPROVED, AND ADOPTED on this 16th day of April 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

10.1 Public Hearing Page 10 ATTACHMENT 5
ORDINANCE 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF SECTION 10.24.05 OF SAID CODE ZONE AMENDMENT NO. 753
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act.

NOW, THEREFORE, be it ordained by the Council of the City of Tulare as follows:

SECTION 1. The Zoning Map of the City of Tulare as referred to in Section

10.24.05 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.24.05; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:

REZONING approximately 14.06 acres of property from the C-3 (Retail Commercial) zoning designation to the R-1-4 (Small-lot Residential) zoning designation and is located on the southwest corner of Cartmill Avenue and Mooney Blvd. as set forth more specifically on said map.

SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 3. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

10.1 Public Hearing Page 11 ATTACHMENT 6
ORDINANCE 2024-XX

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the XX day of XXXX, 2022.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

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ATTACHMENT 8
Draft Initial Study and Mitigated Negative Declaration
This attachment is provided in a separate file due to its size.

10.1 Public Hearing Page 62

10.1 Public Hearing Page 63 ATTACHMENT 9

10.1 Public Hearing Page 64
Staff Report
Meeting: City Council
Date: April 16, 2024
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Housing Element and General Plan Annual Progress Reports

RECOMMENDED ACTION
Receive and accept the City of Tulare Housing Element and General Plan Annual Progress Reports for the 2023 calendar year and authorize staff to submit to the Governor’s Office of Planning and Research and Department of Housing and Community Development.

SUMMARY
Government Code Section 65400 requires the City of Tulare (City) to prepare and submit an Annual Progress Report (APR) on the implementation of the Housing Element of the General Plan (Attachment 1) and the entire General Plan (Attachment 2). The Government Code requires the APR to be “considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments,” and then submitted to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).

The attached documents were presented to the Planning Commission as a public hearing item at their March 25, 2024, meeting. No comments from the public were made at that time. The APRs are presented to City Council. Following staff’s presentation and the public hearing, as directed by City Council, City staff will submit the 2023 APRs to OPR and HCD. 2023 Housing Element APR
Housing Development Activity
In the 2023 APR, Tables A, A2, and the Summary tables summarize housing development activity for the 2023 calendar year as follows:
• Entitlements: The City did not approve entitlement applications for any residential units in 2023 (Summary). Staff would note that 853 residential units were entitled in 2022 and multiple entitlement applications were processed in 2023 but had not yet advanced to Planning Commission / City Council for review and approval. • Building Permits Issued: The City issued building permits for 479 residential units (1 single-family attached units, 353 single-family detached units, 52 multifamily units consisting of 2 to 4-unit buildings, 57 multi-family units consisting of 5 or more unitbuildings and, 16 accessory dwelling units) (Summary). • Certificates of Occupancy Issued: The City issued certificates of occupancy for 458 residential units (1 single-family attached units, 337 single-family detached units, 34 multi-family units consisting of 2 to 4-unit buildings, 80 multi-family units consisting of 5 or more unit-buildings and, 6 accessory dwelling units.) (Summary).

Item #: 10.2
Public Hearing

10.2 Public Hearing Page 1
Progress Meeting RHNA
Table B summarizes the City’s progress meeting its Regional Housing Needs Assessment (RHNA) allocation for the 2015 to 2023 planning cycle. Based on the number of housing units issued a building permit from 2015 through 2023, Tulare has a remaining need of 1,620 RHNA units. The City has fulfilled its RHNA allocation for Above Moderate Income units and has a remaining need for 1,620 very low, low, and moderate income units (see table provided below). City staff will continue to encourage opportunities to develop very-low, low, and moderate-income units to help meet its RHNA allocation.

Table B: Regional Housing Needs Allocation Progress
Income
Level
RHNA
Allocation
(2015 to
2023)
2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Remaining Need
Very
Low
920 43 68 35 111 774
Low 609 7 21 12 21 40 555
Modera
te
613 193 10 32 34 53 269 291
Above
Modera
te
1,452 485 335 354 533 439 315 125 322 370 2908 0
Total 3,594 485 335 361 597 632 325 157 436 479 1620
No Net Loss Finding
In accordance with SB 166, passed in 2017, if a city approves development on a site identified to accommodate RHNA need in the Housing Element at a lower density or different income level than identified, the city needs to make a written finding that the need can be met by other sites identified in the housing element, or “identify and make available” other sites to accommodate the need within 180 days. The City did not approve any development on sites identified to accommodate RHNA in calendar year 2023. No action is being reported. 2023 General Plan APR
Adopted General Plan Amendments
State law allows the General Plan to be amended. In 2023, the City approved 1 amendment to the Land Use Element of the General Plan as outlined below:

GPA 2022-04 Approved Resolution Arun Toor Changed the General Plan land use designation on
approximately 231-acres from
Agriculture to Commercial and
low, medium, and high density
residential.

10.2 Public Hearing Page 2
• Lactalis
• Ritchie Bros
• Taproom/Lofts
• Industrial Warehouse
Several residential developments, shown below, continue to build out in 2023. Additional details are provided within the General Plan Annual Progress Report (attached). • Santa Fe Commons
• Kensington 3-4
• Oakcrest
• Willow Glen
• Farrar
• Liberty Hill
• KCOK
General Plan Implementation Measures Status Update
The City implements its General Plan visions, goals, and policies through the use of many programs, projects, and tools. These implementation measures ensure the overall direction set forth in the General Plan is translated from general ideas into action, and the City’s vision for its future is met. A full list of General Plan Implementation Measures and their status is included in the APR in Attachment 2 to this staff report.

Local Early Action Planning Grant
The City of Tulare applied for and was notified that it was approved for a $300,000 Local Early Action Planning (LEAP) Grant. This grant is being used to support implementation of various City of Tulare General Plan policies through a comprehensive update of the City’s Zoning Ordinance. The updates to the Zoning Ordinance are proposed to make the Zoning Ordinance consistent with changes required as a result of the adopted General Plan policies, changes to state law, and changes due to new and changing planning and market trends related to land use. The objective is to have a clearer Zoning Ordinance, consistent with policies and implementation measures in the General Plan, including streamlining and facilitating orderly growth through process improvements that accelerate housing production, and facilitate compliance with the implementation of the City’s sixth cycle of the regional housing needs assessment (RHNA).

Planning staff also worked to review these drafts and provide comments, revisions, and feedback. It is anticipated that the draft document will be taken for public review and adoption by the City Council in the fall of 2024.
6th Cycle Housing Element Update
In 2022 City of Tulare staff began efforts to prepare the City’s 6th Cycle Housing Element Update. The City has chosen to coordinate its efforts with other jurisdictions within the Region to prepare a multi-jurisdictional housing element. In 2022, a consultant was selected to assist in the preparation of the multi-jurisdictional housing element and City staff worked to provide

10.2 Public Hearing Page 3
needed information to assist in the preparation of the document. In 2023, public outreach meetings were held to solicit input from the community for incorporation into the document.

The consultant also began work to prepare draft sections of the document for review by City staff. City staff worked to review draft sections and provide comments, revisions, and feedback. The 6th Cycle Housing Element is required to be adopted and presented to the California Department of Housing and Community Development by the Spring of 2024.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Denial or tabling of the item will result in the City failing to meet the submittal deadline provided by government code for the APRs presented.

ATTACHMENTS

1. Housing Element Annual Progress Report

2. General Plan Annual Progress Report
Reviewed/Approved:

10.2 Public Hearing Page 4
Jurisdiction Tulare
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Review Existing
Policies,Factfinding, Proposed
Revisions
$236,000.00 $155,579.78 None
Consultant has held public workshops, reviewed the
existing ordiance for consistency with State law, and
worked with City staff to identify needed changes to
the existing ordiance. Consultant has been working
to prepare draft revisions and providing them to City
staff for review and comment. Process is nearing
completion.

Workshops to Receive Input on
Proposed Revisions & CEQA
document
$54,700.00 $54,700.00 None All five public workshops have been held and completed.

Public Hearings for Adoption of
Revised Zoning Ordinance & CEQA
document
$9,300.00 $0.00 None Adoption hearings expected to be held in the summer and early fall of 2024.

Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$300,000
Task Status
In Progress
Completed

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ATTACHMENT 1
Current Year
Deed Restricted 35
Non-Deed Restricted 0
Deed Restricted 21
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 53
370
479
Current Year
Deed Restricted 68
Non-Deed Restricted 0
Deed Restricted 12
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 34
344
458
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate

10.2 Public Hearing Page 6

GENERAL PLAN
2035
2023 ANNUAL PROGRESS REPORT
City of Tulare Planning Division
411 E. Kern Avenue, Tulare, CA 93274

10.2 Public Hearing Page 7 ATTACHMENT 2
Tulare General Plan APR Implementation Measures Status – Page 1 Page intentionally left blank

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Tulare General Plan APR Implementation Measures Status – Page 2 General Plan Background
A jurisdiction’s General Plan addresses state General Plan requirements. California law requires that every city and county adopt a long-term General Plan that addresses seven specific topics or “elements,” organized in any format or structure preferred by the community. The General Plan may also address other topics the community feels are relevant. Regardless of the format or issues addressed, the Plan must be internally consistent.

The City of Tulare General Plan 2035 is a long-range planning program to guide the orderly growth and development of the Tulare planning area over the long term. The General Plan clearly communicates the City’s vision of its future and establishes a policy framework to govern decision-making concerning the physical development of the community. It also provides assurances that the community at large will be supported by an adequate range of public services and infrastructure systems.

Purpose of the General Plan Annual Progress Report
California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) each year on the General Plan and progress on its implementation to the legislative body, (in this case the City Council), followed by the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD). The four basic purposes of the annual report are as follows:
• To provide information to assess progress on implementation of the General Plan in accordance with the stated goals, policies, and implementation measures. • To provide information to identify necessary course adjustments or modifications to the General Plan as a means to improve implementation.
• To provide a clear correlation between land use decisions made during the reporting period, and the goals, policies, and implementation measures in the General Plan. • To provide information regarding local agency progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the development of housing.

Last year’s 2022 APR was the City of Tulare’s second APR regarding the 2035 General Plan overall. The APR covers the period of the previous calendar year. This APR covers calendar year 2023. The APR for the General Plan and for the Housing Element of the General Plan have separate reporting requirements and forms, and as such have been prepared as two separate documents. Both APRs are being presented to the Planning Commission, City Council, and then submitted separately to both OPR and HCD.

The rest of this report will present the chronology of adopted amendments to the General Plan through 2023, present major milestones & projects that occurred in the reporting period, a status update of the implementation measures for the General Plan, and finally a summary of any grants received to assist in implementing the General Plan, along with the next areas of focus in the plan’s continued implementation.

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Tulare General Plan APR Implementation Measures Status – Page 3 Adopted General Plan Amendments
State law allows the General Plan to be amended. This allows the General Plan to remain a current document responsive to the community’s needs. Requests for amendments may be submitted by individuals or initiated by the City. Amendments to the Tulare General Plan through December 2023 are listed below.

Amendments to the Tulare General Plan (October 2014-December 2023) General Plan
Amendment (GPA)
Number
Action Applicant Description
GPA 2014-01 Approved Resolution 15-14
May 5, 2015
DR Horton Changed the General
Plan land use
designation on 7.99
acres from Medium
Density Residential to
Low Density
Residential, including
amending the Del Lago
Specific Plan to build
47 single family homes
just south of the
Franzia Tulare winery,
between Mooney Blvd.
& Solaria St.

GPA 2016-02 Approved Resolution 16-35
July 19, 2016
Tulare County
Housing Authority
Changed the General
Plan land use
designation from
Service Commercial
and Low Density
Residential to High
Density Residential on
a ½ acre site located at
the northeast corner of
Inyo Avenue &
Sacramento Street for
the construction of a
10-unit multi-family
apartment complex.

GPA 2015-14 Approved Resolution 17-04
January 17, 2017
Monterey Dynasty,
LLC
Changed the General
Plan land use
designation from Low
Density Residential to
Community
Commercial on 4.74
acres at the southeast
corner of ‘M’ Street
and Cartmill Avenue to

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Tulare General Plan APR Implementation Measures Status – Page 4 construct a 24,500 sq.
ft. 5-story/136 room
hotel with swimming
pool, 400-seat
conference center/hall,
4,000 sq. ft.

Restaurant/bar,
outdoor wedding
venue, and parking
areas.

GPA 2016-03 Approved Resolution 17-24
June 26, 2017
Teo Albers Changed the General
Plan land use
designation on 6.76
acres from Community
Commercial to Low
Density Residential and
on 4.01 acres from
Community
Commercial to Medium
Density Residential on
the southeast corner of
‘J’ Street and Cartmill
Avenue to construct a
planned single-family
and multi-family
residential community.

GPA 2017-01 Approved Resolution 17-26
June 26, 2017
Jonathan Van Ryn Changed the General
Plan land use
designation from
Community
Commercial to Low
Density Residential on
approximately 0.29
acres located at the
northwest corner of
Merritt Avenue and
Gem Street to resolve
existing nonconforming zoning and
construct a pool house
and garage at existing
residential property.

GPA 2017-02 Approved Resolution 17-43
September 19, 2017
Great Valley Land
Builders, LLC
Changed the General
Plan land use
designation from
Community
Commercial and
Medium Density

10.2 Public Hearing Page 11
Tulare General Plan APR Implementation Measures Status – Page 5 Residential to Low
Density Residential on
approximately 19.5
acres just east of
Mooney Blvd. &
halfway between
Tulare Avenue and
Seminole Avenue to
construct an 88 lot
single-family
residential subdivision.

GPA 2018-01 Approved Resolution 18-51
September 18, 2018
Central Pacific
Development Group
Changed the General
Plan land use
designation on
approximately 7 acres
at the northwest
corner of Bardsley
Avenue and West
Street from
Neighborhood
Commercial to Low
Density Residential
GPA 2018-02 Approved Resolution 18-72
December 18, 2018
City of Tulare Changed the General
Plan land use
designation on 14
properties citywide to
accommodate both the
2008-2014 (4th Cycle)
and 2015-2023 (5th
Cycle) Housing
Elements Regional
Needs Housing
Allocation (RHNA)
GPA 2019-01 Approved Resolution 19-32
August 6, 2019
Three River
Development, LLC
Changed the General
Plan land use
designation on 3.83
acres from Office
Commercial to
Community
Commercial on
property located south
of Prosperity Avenue
between Brentwood
and Laspina Streets to
construct a commercial
shopping center with

10.2 Public Hearing Page 12
Tulare General Plan APR Implementation Measures Status – Page 6 drive-through fast-food
restaurants.

GPA 2017-03 Approved Resolution 19-49
October 22, 2019
West Coast
Construction
Changed the General
Plan land use
designation on
approximately 127
acres from Regional
Commercial to a
combination of
Regional Commercial,
Low Density
Residential, Medium
Density Residential,
High Density
Residential, and Parks
and Recreation
GPA 2019-02 Approved Resolution 2020-05
February 4, 2020
Woodside 06N LP Changed the General
Plan Land Use
designation on
approximately 76.5
acres from a
combination of Low
Density Residential,
Residential Estate, and
Rural Residential to all
Low Density Residential
on property west of
Morrison Street
between Tulare
Avenue and Seminole
Avenue for the
development of a 358
single-family
residential subdivision
GPA 2020-01 Approved Resolution 2020-13
April 7, 2020
Three River
Development, LLC
Changed the General
Plan land use
designation on 0.38
acres from Office
Commercial to
Community
Commercial on
property located south
of Prosperity Avenue
between Brentwood
and Laspina Streets to
construct a commercial
shopping center with

10.2 Public Hearing Page 13
Tulare General Plan APR Implementation Measures Status – Page 7 drive-through fast-food
restaurants.

GPA 2020-03 Approved Resolution 2020-58
December 15, 2020
San Joaquin Valley
Homes
Changed the General
Plan land use
designation on
approximately 24 acres
from Medium Density
Residential and
Community
Commercial to Low
Density Residential on
property at the
northwest corner of
Mooney Boulevard and
Cartmill Avenue
GPA 2021-01 Approved Resolution 2022-40
July 19, 2022
Derrel’s Mini
Storage
Changed the General
Plan land use
designation on
approximately 13.38
acres from Community
Commercial to Service
Commercial on
property located on
the east side of
Mooney Blvd. at Cross
Avenue
GPA 2021-02 Approved Resolution 2022-42
July 19, 2022
DR Horton Changed the General
Plan land use
designation on
approximately 25.87
acres from Rural
Residential to Low
Density Residential
GPA 2022-02 Approved Resolution 22-69
December 20, 2022
DR Horton Changed the General
Plan land use
designation on
approximately 10.44
aces from High Density
Residential to Medium
Density Residential
GPA 2022-04 Approved Resolution Arun Toor Changed the General Plan land use
designation on
approximately 231-
acres from Agriculture
to Commercial and low
and high residential.

10.2 Public Hearing Page 14
Tulare General Plan APR Implementation Measures Status – Page 8 Major Development Project Milestones
Construction was approved, initiated, or completed within the City of Tulare for the following major projects during the 2023 calendar year:

Zumwalt Park Renovation – Broke ground and began development of an existing park 4,115 sq ft outdoor amphitheater, new restroom/splashpad pump room building. Including green room with 3 dressing rooms, accessible & VIP restrooms, storage, warehouse space with walk-in cooler & backstage space. On the south side of East Tulare Avenue.

Component Coffee and Quesadilla Gorilla – Broke ground and began construction of a 2,055 square foot building with two tenants on the corner of Leland Avenue and Hillman Street.

Lactalis – Broke ground and began the expansion of an existing factory with an additional 38,300 square feet west of Highway 99.

Ritchie Bros – Broke ground and began construction for a new site for Ritchie Bros Auctioneers for development project located on the southeast corner of E Rankin Avenue and Avenue 200.

Taproom/Lofts – Began construction on the rehabilitation of an existing building by turning it into a mixed-use building with a taproom on the first floor and 4 apartments on the second floor. Project is located on the west side of south K Street, north of Kern Avenue.

Industrial Warehouse – Broke ground and began construction of a 540,000 square foot industrial building space which is part of phase 1 of the overall project which is located on the south side of Paige Avenue, west of south ‘I’ Street.

Residential Permits – Several residential subdivisions continue to build out with substantial milestones or completion on the following occurring in 2023:
• Santa Fe Commons - Phase 1 was completed on a Self-Help Enterprises multi-family residential development located on the northwest corner of Olema Avenue and West Street. Construction also began on phase 2 of the project which will complete and additional 56 units when completed.
• Kensington 3-4 – Construction continued and neared completion on a 111-lot single-family residential subdivision located on the northwest corner of Cartmill Avenue and Mooney Boulevard.
• Oakcrest – Construction continued on a 213 -lot single-family residential subdivision located on the north side of Tulare Avenue and east of Enterprise Street. The development saw the beginning of construction on the 2nd and final phase of the development. • Willow Glen – Construction continued on a 323 -lot single-family residential subdivision located on the north side of Tulare Avenue and east of Enterprise Street. The development saw the beginning of construction on the 6th and final phase of the development.

10.2 Public Hearing Page 15
Tulare General Plan APR Implementation Measures Status – Page 9 • Farrar – Construction continued on a 360-lot single-family residential subdivision located on the northwest corner of Morrison Street and Tulare Avenue. The development saw the beginning of construction on the 2nd of 4 phases of the development. • Liberty Hill – Construction continued on a 384-lot single-family residential subdivision located on the northwest corner of Bardsley Avenue and West Street. • KCOK – Construction continued on a 355-lot single-family residential subdivision located on the northeast corner of Mooney Blvd. and Seminole Avenue.

Implementation Measures Status Update
The General Plan sets the foundation and policy framework for future growth and development. It addresses a range of issues and policies that directly affect every aspect of community life. The City implements its General Plan visions, goals, and policies through the use of many programs, projects, and tools. These implementation measures ensure the overall direction set forth in the General Plan is translated from general ideas into action, and the City’s vision for its future is met. The following table shows the status of the various implementation measures in the General Plan, some of which have been completed and several which are in progress and ongoing as part of the daily operations in the City.

Status updates to report for the planning period of 2023 are shown in bold text.

10.2 Public Hearing Page 16
City of Tulare General Plan Annual Progress Report
Implementation Measures Status (2023)

LAND USE ELEMENT
Implementation
Measure Description Responsibility Quantified Objective Time Frame Status Implementation
Measure LU-1:

Urban
Development
Boundary
The City shall evaluate the
urban development boundary
(UDB) every five years to
ensure there is enough capacity
to accommodate anticipated
growth and adequate utility, city
service, and infrastructure
capacity to accommodate
anticipated growth.

Planning
Division N/A
Every five
years and
Ongoing
The City still has adequate capacity to
accommodate anticipated growth and
adequate services within the UDB. In
2023 the City approved the Chandler
Grove annexation which will provide
approximately 231-acres for
development of a variety of land
uses including residential and
industrial development. The City has
received additional applications
from annexation which staff
continue to process through the
various approvals needed. As such,
there continues to remain enough
areas within the existing UDB to
accommodate anticipated growth.

10.2 Public Hearing Page 17
Tulare General Plan APR Implementation Measures Status – Page 1 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-2:

Compact & Infill
Development
The City shall develop zoning
incentives to encourage
innovative design in both infill
and newly developing areas
that optimizes the use of vacant
land through flexible
development standards, shared
parking, landscaping, and site
amenities.

Planning
Division N/A By 2020
The City has been awarded a LEAP
grant to assist in the
comprehensive update of the City’s
Zoning Ordinance to make a
number of revisions, including
revisions to incentivize infill
development, as described in this
implementation measure. In 2022
and 2023 the City of Tulare
Planning Commission held several
public workshops to solicit
feedback from both the community
and from the Planning Commission
regarding changes to the City’s
Zoning Ordinance. It is anticipated
that the City will adopt a
comprehensive update of the
zoning ordinance in the fall of
2024.

Implementation
Measure LU-3:

Compact
Development
The City shall develop and
maintain an inventory of
available vacant sites that have
potential for infill development.

Planning
Division N/A Ongoing
In 2022 the City used monies
received through an SB2 Planning
Grant to create GIS layers to
inventory vacant residential,
commercial and industrial vacant sites
and made them available to the public
to help to facilitate the development of
in-fill opportunities within the City.

City staff continue to update and
maintain these layers.

10.2 Public Hearing Page 18
Tulare General Plan APR Implementation Measures Status – Page 2 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-4:

Mixed-Use
Redevelopment
& Adaptive
Reuse
Downtown
The City shall develop zoning
incentives that encourage
mixed-use redevelopment in
the downtown area through the
reuse of existing buildings
Planning
Division N/A By 2020
The City was awarded an HCD
LEAP Grant to complete a
comprehensive zoning ordinance
update including cleaning-up,
revising the mixed-use section to
make it easier to use and
incentivize mixed-use, infill
development. Planning staff intend
to explore the adoption of an
adaptive re-use ordinance in the
future as time allows. In 2022 / 2023
the City of Tulare Planning
Commission held several public
workshops to solicit feedback from
both the community and from the
Planning Commission regarding
changes to the City’s Zoning
Ordinance. It is anticipated that the
City will adopt a comprehensive
zoning ordinance update in the fall
of 2024.

Implementation
Measure LU-5:

Regional Auto
Mall Study
The City shall conduct a study
to determine a suitable location
and impacts of a regional auto
mall in the city.

Community &
Economic
Development
Department
N/A By 2020
The City will continue to explore the
possibilities of locating a regional auto
mall in the city limits, including looking
for resources to fund such a study.

10.2 Public Hearing Page 19
Tulare General Plan APR Implementation Measures Status – Page 3 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-6:

Municipal
Services
The City shall consider
adoption of an appropriate fee
program for new development
to ensure the provision,
operation, and ongoing
maintenance of appropriate
public facilities and services
(including, but not limited to,
fire stations and equipment,
police stations and equipment,
ambulance or dispatch service,
utility infrastructure, parks,
recreational, and library
facilities).

All Affected
City
Departments
and Finance
Department
N/A Ongoing
Funding for maintenance of existing
and expansion of municipal services
tied to the City’s growth is provided
through the City’s Development
Impact Fee Program.

Implementation
Measure LU-7:

Water Master
Plan
The City shall update its water
master plan to address future
water supply treatment, and
distribution system. The water
master plan shall explore:
a. Water supply alternatives.
b. Treatment alternatives,
including wellhead and
centralized treatment.
c. Alternatives for reuse of grey
water.
d. Water conservation program.

Public Works
Department
and
Engineering
Division
N/A Ongoing
In 2023 the City’s Engineering
Division and Public Works
Department worked with a
consultant on an update to the
City’s Water System Master Plan. It
is anticipated that the Master Plan
will be considered for adoption in
2024.

10.2 Public Hearing Page 20
Tulare General Plan APR Implementation Measures Status – Page 4 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-8:

Sewer &
Stormwater
Drainage Master
Plans
The City shall periodically
update the Sewer and
Stormwater Drainage Master
Plan based on the 2035
General Plan
Public Works
Department
and
Engineering
Division
N/A Ongoing
In 2023 the City’s Engineering
Division and Public Works
Department worked with a
consultant on an update to the
City’s Sewer and Stormwater
Drainage Master Plans. It is
anticipated that the Master Plans
will be considered for adoption in
2024.

Implementation
Measure LU-9:

Street Tree
Management
Plan
The City shall update its Street
Tree Management Plan based
on the 2035 General Plan
Planning
Division N/A Ongoing
The City’s Street Tree Ordinance was
updated based on the 2035 General
Plan. The Street Tree Management
Plan shall be amended, modified, and
added to such plan, from time to time,
upon recommendation of the Parks
and Recreation Commission.

In 2021, the Parks and Recreation
Commission approved the adoption of
an amended Street Tree species List.

Implementation
Measure LU-10:

Neighborhood
Identification
The City shall require that
entrances to the new
subdivision fronting on arterials
are accented with distinctive
landscaping, pavement, and
signage treatments.

Planning
Division N/A Ongoing
The Planning Division ensures
compliance with this measure as part
of Site Plan Review for new
development and redevelopment
projects.

Implementation
Measure LU-11:

Context
Sensitive
Development
Where applicable, the City shall
require new development to
incorporate complementary
features into site and
development planning to
ensure its compatibility with
existing historic structures.

Planning
Division N/A Ongoing
The Planning Division ensures
compliance with this measure as part
of Site Plan Review for new
development and redevelopment
projects.

10.2 Public Hearing Page 21
Tulare General Plan APR Implementation Measures Status – Page 5 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-12:

Aesthetic
Improvements
The City shall encourage use of
the assessment districts
authorized by law and other
available financing tools to fund
street beautification, street
lighting, street maintenance,
storm drainage, park
maintenance, and other
common aesthetic
improvements in new private
residential and business
development.

Planning
Division,
Engineering
Division, and
Parks Division
N/A Ongoing
The City requires and manages
Landscape Maintenance Districts to
fund maintenance of these
improvements in new private
residential development and will begin
exploring requiring this for new multitenant business development as well.

Implementation
Measure LU-13:

Street Trees
The City shall review and
evaluate its design review
guidelines for application at
selected key locations and to
particular development types
(e.g., mixed use development).

Selected locations for such
special design review should
include key entranceways and
thoroughfares; the Downtown;
designated community and
regional commercial areas; and
designated office/business park
areas.

Planning
Division N/A Ongoing
The City amended its zoning
ordinance to eliminate the Design
Review process and implement the
Site Plan Review process. This
process enables more streamlined
review and shortens review times for
projects. The Planning Division
ensures compliance with this
measure as part of Site Plan Review
for new development and
redevelopment projects.

10.2 Public Hearing Page 22
Tulare General Plan APR Implementation Measures Status – Page 6 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-14:

General Plan
Consistency
The City shall review and
amend as necessary,
applicable ordinances and
regulations referenced herein
to ensure consistency with the
General Plan. These shall
include the following:
a. Zoning Ordinance
b. Subdivision Ordinance
c. Development
Standards
Planning
Division N/A Ongoing
The City has been awarded a grant
to assist in the comprehensive update
of the City’s Zoning Ordinance, and
during that update staff will look at the
need to make necessary updates to
the Subdivision Ordinance and
Development standards, to ensure
consistency between these
documents and the 2035 General
Plan. In 2022 / 2023, the City held
multiple Planning Commission
workshops to solicit public input
for the zoning ordinance update. It
is anticipated that the revised
ordinance will be presented for
adoption in the fall of 2024.

Implementation
Measure LU-15:

General Plan
provisions &
Project Review
The City shall implement the
provisions of this General Plan
through its ongoing project
review process.

Planning
Division N/A Ongoing
The Planning Division implements the
provisions of the 2035 General Plan
through Site Plan Review, the
entitlement phase, Plan Check, and a
Field Check.

10.2 Public Hearing Page 23
Tulare General Plan APR Implementation Measures Status – Page 7 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-16:

Annual Review
The Planning Commission shall
review the General Plan
annually, focusing principally
on actions undertaken in the
previous year to carry out the
implementation programs of the
Plan. The Planning
Commission’s report to the City
Council shall include, as the
Commission deems
appropriate, recommendations
for amendments to the General
Plan. This review shall also be
used to satisfy the
requirements of Public
Resources Code section
21081.6 for a mitigation
monitoring program.

Planning
Division N/A Ongoing
This is the Annual Progress Report
for Calendar Year 2023, being
presented to the Planning
Commission, City Council, and
filed with the Office of Planning
and Research, serving as an
annual review of the
implementation of the City’s
General Plan.

10.2 Public Hearing Page 24
Tulare General Plan APR Implementation Measures Status – Page 8 Program Description Responsibility Quantified
Objective Time Frame Status

TRANSPORTATION AND CIRCULATION ELEMENT
Implementation
Measure TR-1:

Roadway
Standards &
Priority Projects
The City shall coordinate with
Caltrans to establish priorities
for freeway improvements and
initiate a process for the
design, funding, and
construction of improved
freeway interchanges.

Planning
Division N/A Ongoing
The City continues to work with
Caltrans and TCAG to establish
priorities for freeway projects within
the City, including cooperating on
planning, design, and funding studies
for projects. The City continues to
coordinate actively with Caltrans
regarding the future widening of
SR-99, the reconstruction of the ‘J’
Street overpass, construction of
the International Agri-Center Way
Interchange, intersection
improvements at Tulare Avenue
(SR-137), future improvements to
the Inyo Corridor and other
projects planned and ongoing
throughout the City.

10.2 Public Hearing Page 25
Tulare General Plan APR Implementation Measures Status – Page 9 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure TR-2:

Level of Service
Standard
The City shall identify
economic, design, and planning
solutions to improve existing
levels-of-service currently
below the LOS specified above.

Where physical mitigation is
infeasible, the City shall
consider developing programs
that enhance alternative access
or otherwise minimize travel
demand
Planning
Division and
Engineering
Division
N/A Ongoing
City staff regularly review new
development for potential effects or
degradation of the LOS standards
adopted by the City. Improvements to
improve operational LOS are included
as conditions of project approval
when required, and the City continues
to work to further expand alternative
transportation systems (bicycle and
pedestrian networks).

10.2 Public Hearing Page 26
Tulare General Plan APR Implementation Measures Status – Page 10 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure TR-3:

Transportation
Impact Fee
Program
The City shall continue its
transportation impact fee
program and revise when
necessary, to ensure the
mitigation of traffic impacts
created by new development
Planning
Division and
Engineering
Division
N/A Ongoing
The City continues to maintain the
transportation impact fee program
with funds paid-in by new
development to ensure funding for
transportation projects required due to
continued development growth.

Implementation
Measure TR-4:

Adequate
Parking
Standards
The City shall periodically
review existing parking
standards to ensure their
adequacy.

Planning
Division and
Engineering
Division
N/A Ongoing
City staff is currently reviewing the
parking standards to ensure that
they result in adequate parking, but
also that they are not resulting in
an oversupply of parking, which
has the ability to result in adverse
land use patterns. If any
recommended changes are
identified, staff will include them
with the comprehensive update to
the Zoning Code and present them
to Planning Commission and City
Council.

Implementation
Measure TR-5:

Downtown
Parking Plan
The City should develop and
maintain a downtown parking
plan. This plan should be
complete following a review of
the city’s parking requirements
and the location and adequacy
of signage. This plan should
discourage employee parking
in prime parking spaces within
downtown retail areas.

Planning
Division N/A Ongoing
A parking study for downtown was
completed in 2010. City staff will
continue to look for opportunities to
update this plan and provide the
information called for.

10.2 Public Hearing Page 27
Tulare General Plan APR Implementation Measures Status – Page 11 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure TR-6:

Pedestrian
Access
The City shall promote and
improve pedestrian access
along existing local arterial and
collector streets.

Planning
Division and
Engineering
Division
N/A Ongoing
The City regularly reviews pedestrian
access as part of development review
and site plan review, to ensure
needed improvements to pedestrian
access are incorporated as part of
proposed property improvements.

Implementation
Measure TR-7:

Database of
Needed
Sidewalks
The City shall develop and
maintain a database of
sidewalks along streets which
currently do not contain
continuous sidewalks.

Planning
Division and
Engineering
Division
N/A Ongoing
The City’s Project Management Team
maintains a database of areas along
streets that do not contain continuous
sidewalks. The Project Management
Team uses this list to help prioritize
capital projects and identify funding to
complete gaps in sidewalks,
particularly in older areas of the City
and former County areas that were
not originally developed with sidewalk
infrastructure.

Implementation
Measure TR-8:

Street Standards
& Trucks
The City shall review City street
standards every five years to
ensure compatibility with
changing truck height and
weight standards.

Engineering
Division N/A Every five (5)
years
The City of Tulare Engineering
Division regularly reviews City street
standards to ensure compatibility with
truck height and weight standards,
and will continue to do so.

Implementation
Measure TR-9:

Truck Route
Signage
The City shall identify and
update existing truck route
signage.

Engineering
Division N/A Ongoing
The City does include signage for
existing truck routes and will continue
to maintain and/or update those as
necessary.

10.2 Public Hearing Page 28
Tulare General Plan APR Implementation Measures Status – Page 12 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure TR-10:

Roundabouts
The City shall acquire from new
development sufficient rightsof-way dedications to allow for construction of roundabouts at
all arterial and arterial-collector
intersections.

Planning
Division and
Engineering
Division
N/A Ongoing
The City’s Engineering Division
continues to review new development
for any required intersection
improvements, including
considerations such as type of
intersection control, including
roundabouts, if appropriate for the
specific location.

CONSERVATION AND OPEN SPACE ELEMENT
Implementation
Measure COS-1:

Groundwater
Protection
The City shall identify and
protect local aquifers and water
recharge areas, in cooperation
with other agencies.

Planning
Division and
Public Works
Department
N/A Ongoing
The City continues to coordinate with
the Tulare Irrigation District on the
identification of new and maintenance
of existing water recharge basins to
ensure water quality integrity and
continued efforts for increased
groundwater recharge capabilities. In
2023, the City in conjunction with
the Tulare Irrigation District worked
toward establishing a groundwater
recharge basin in the southwest
quadrant of the City near Bardsley
Avenue and West Street.

10.2 Public Hearing Page 29
Tulare General Plan APR Implementation Measures Status – Page 13 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure COS-2:

Groundwater
Management
Plan
The City shall periodically
update a groundwater
management plan
Public Works
Department N/A Ongoing
The City, along with the Tulare
Irrigation District and the City of
Visalia, is a member of the MidKaweah Groundwater Sustainability Agency (Mid-Kaweah GSA), tasked
with management of groundwater
supplies as stipulated in the
Sustainable Groundwater
Management Act. The Mid-Kaweah
Groundwater Sustainability Agency
has prepared a Final Groundwater
Sustainability Plan, and is working
with the Department of Water
Resources to ensure that the plan
is deemed complete and approved.

Implementation
Measure COS-3:

Coordinated
Groundwater
Monitoring &
Planning
The City shall participate in
coordinated regional and
statewide groundwater
monitoring and planning
programs.

Public Works
Department N/A Ongoing
The Sustainable Groundwater
Management Act requires regular
coordination regionally and statewide
to include groundwater monitoring
and planning programs to ensure the
sustainability of the groundwater
supplies in a groundwater basin. This
is achieved through the City’s role as
a member of the Mid-Kaweah
Groundwater Sustainability Agency
and implementation of the
Groundwater Sustainability Plan.

10.2 Public Hearing Page 30
Tulare General Plan APR Implementation Measures Status – Page 14 Program Description Responsibility Quantified
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Implementation
Measure COS-4:

Groundwater
Monitoring
Partnerships
The City shall maintain
groundwater monitoring
partnerships with local
groundwater users and
stakeholders.

Implementation
Measure COS-5:

Groundwater
Recharge
The City will investigate future
changes to the zoning
ordinance that promote
maintaining some groundwater
recharge with urban
development. Regulations may
include, but are not limited to,
the limitation of structural
coverage and impervious
surfaces and prohibition of
uses with the potential to
discharge harmful pollutants,
increase erosion, or create
other impacts degrading water
quality.

Community &
Economic
Development
Department;
Public Works
Department
N/A Ongoing
While not included in the Zoning
Code, this measure is addressed in
new development through the City’s
Engineering Standards. The City’s
Engineering Division has adopted
standards to address site drainage,
groundwater recharge, and water
quality as requirements of new
development. As an example, the City
requires new development to install
groundwater recharge basins or tie
into existing basins with sufficient
capacity. City staff will continue to
review these standards and look for
opportunities to improve on or further
the goals of this measure.

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Tulare General Plan APR Implementation Measures Status – Page 15 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure COS-6:

Protection of
Sensitive
Environmental
and Cultural
Areas
The City shall continue the
protection of natural and
cultural resources as part of the
City’s environmental review
process.

Planning
Division N/A Ongoing
The City’s Planning Division reviews
proposed development activities for
compliance with state and federal
environmental laws, including through
carrying out the environmental review
process on projects to ensure the
protection of natural and cultural
resources.

Implementation
Measure COS-7:

Development in
EnvironmentallySensitive Areas
When reviewing development
proposals, the City shall
encourage cluster development
in areas with moderate to high
potential for sensitive habitat.

Planning
Division N/A Ongoing
The City’s Planning Division will
continue to utilize the Site Plan
Review and entitlement processes to
encourage well planned development.

This includes using strategies, such
as cluster development, as needed to
avoid and/or minimize impacts to
areas of moderate to high potential for
sensitive habitat.

10.2 Public Hearing Page 32
Tulare General Plan APR Implementation Measures Status – Page 16 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure COS-8:

Construction
Erosion Control
The City shall adopt
requirements that new
development implement
measures that minimize soil
erosion from wind and water
related to construction.

Measures may include, but not
be limited to the following:

Grading requirements that limit
grading to the amount
necessary to provide stable
areas for structural foundations,
street rights-of-way, parking
facilities, or other intended
uses; and/or Construction
techniques that utilize site
preparation, grading, and best
management practices that
provide erosion and sediment
control to prevent constructionrelated contaminants from leaving development sites and
polluting local waterways.

Engineering
Division N/A Ongoing
The Engineering Division has adopted
grading permit requirements.

Applicants for a grading permit must
demonstrate on the application the
types of control measures and best
management practices to limit soil
erosion and stormwater runoff,
including protection of water quality
through use of various approved
media to filter, divert, and/or protect
local waterways and drainage
facilities.

Implementation
Measure COS-9:

Agricultural Land
Mitigation
Program
The City shall adopt a
mitigation program for
agricultural land conversion
that includes, at a minimum,
the components listed in Policy
COS-P3.12, or equivalent or
more effective components.

Planning
Division N/A By 2015
The City Council adopted the
Farmland Mitigation Ordinance in
February 2020 for agricultural land
converted to non-agricultural use
outside the City limits, but within the
City’s urban development boundary.

10.2 Public Hearing Page 33
Tulare General Plan APR Implementation Measures Status – Page 17 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure
COS-10:

Archaeological
Resource
Mitigation
Monitoring
The City shall continue the
monitoring of mitigation
measures established for
protection of archaeological
resources prior to development.

Planning
Division N/A Ongoing
The Planning Division continues the
monitoring of mitigation measures
established for protection of
archaeological resources through
carrying out the environmental review
process and through grading permits
on projects to ensure the protection of
archaeological resources prior to
development.

Implementation
Measure
COS-11:

Historical
Resources
Inventory
The City shall prepare a
historical resources inventory.

Planning
Division N/A By 2020
The City has an existing historical
resources inventory, however staff will
look to identify opportunities and
resources to update this inventory.

Implementation
Measure
COS-12:

Historic Overlay
Zone
The City shall continue to apply
its Historic Site and Historic
Neighborhood Combining
District zone as a means to
preserving, protecting, and
encouraging the restoration of
identified historical sites and
neighborhoods.

Planning
Division N/A Ongoing
The City will look to identify
opportunities and resources to update
the historic resources inventory and
apply the Historic Neighborhood
Combining District.

Implementation
Measure
COS-13: Quimby
Act Ordinance
The City shall consider
adopting a Quimby Act
Ordinance requiring that park
provision be considered and
incorporated in the subdivision
process.

Parks Division;
Planning
Division;
Engineering
Division
N/A By 2015
In 2023, the City Council adopted a
Quimby Act Ordinance requiring
that park provisions be
incorporated into the subdivision
process.

10.2 Public Hearing Page 34
Tulare General Plan APR Implementation Measures Status – Page 18 Program Description Responsibility Quantified
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AIR QUALITY ELEMENT
Implementation
Measure AQ-1:

More Walkable
Neighborhoods
The City shall continue to
enforce the Green Building
Ordinance and amend the
Subdivision Ordinance to
achieve more walkable
neighborhoods.

Building
Division and
Planning
Division
N/A By 2015
The City’s Building Division enforces
the Green Building Code and the
City’s Planning and Engineering
Divisions require the installation of
sidewalks along the frontage of new
development as well as pedestrian
openings at the ends of cul-de-sacs.

Implementation
Measure AQ-2:

Regional
Planning
Strategy
The City shall assist TCAG in
preparing a Sustainable
Communities Strategy and/or
an Alternative Planning
Strategy
Planning
Division N/A By 2015
City staff, as well as City Council
representatives, are involved in
collaborating with TCAG on matters
regarding the updates to the
Sustainable Communities Strategy
and/or an Alternative Planning
Strategy
Implementation
Measure AQ-3:

Construction
Emissions
The City shall consider
adopting a resolution or
ordinance requiring
construction equipment greater
than fifty (50) horsepower to
reduce exhaust emissions by
the following amounts from the
state wide average as
estimated by ARB:
• 20 percent of the total NOx
emissions;
• 45 percent of the total PM10
exhaust emissions.

Planning
Division
• 20
percent
reduction
in total
NOx
emissions;
• 45
percent
reduction
in total
By 2015
While the City has not adopted a
resolution or ordinance, the Planning
Division now has staff capabilities to
conduct and review environmental
analysis of potential impacts
associated with project construction.

Through the environmental review
process, projects that generate
emissions exceeding established air
quality standards & thresholds are
required to mitigate potential impacts,
including through the use of later
model equipment meeting more
stringent emissions standards (e.g.

Tier 4 or greater equipment).

10.2 Public Hearing Page 35
Tulare General Plan APR Implementation Measures Status – Page 19 Program Description Responsibility Quantified
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NOISE ELEMENT
Implementation
Measure NOII4.1: Regional
Policy
Framework
Tulare County and its
incorporated cities shall review
all relevant development plans,
programs, and proposals,
including those initiated by both
the public and private sectors,
to ascertain and ensure their
conformance with the policy
framework outline in this Noise
Element.

Planning
Division N/A Ongoing
City of Tulare staff continue to review
development plans and proposals for
consistency with the General Plan,
including the Noise Element policies.

10.2 Public Hearing Page 36
Tulare General Plan APR Implementation Measures Status – Page 20 Implementation
Measure NOII4.2: Noisesensitive Land
Uses
Prior to the approval of a
proposed development of
residential or other noisesensitive land uses in a noiseimpacted area, or the development of an industrial,
commercial, or other noisegenerating land use in or near an area containing or planned
and zoned for residential or
other noise-sensitive land uses,
an acoustical analysis may be
waived provided that all of the
following conditions exist:
• The proposed development
is not subject to the
provisions of California
Administrative Code Title

24. • The existing or projected
future noise exposure at
the exterior of buildings
which will contain noisesensitive uses or within the
proposed outdoor activity
areas (patio, decks,
backyards, pool areas,
recreation areas, etc.) does
not exceed 65 dB Ldn (or
CNEL).
• The topography in the
project area is flat, and the
noise source and receiving
land use are at the same
grade.
• Effective noise mitigation,
as determined by the
reviewing agency, is
incorporated into the
Planning
Division N/A Ongoing
Proposed residential development, as
well as the development of noisegenerating land uses near existing, planned, or zoned residential uses
are reviewed through the City’s Site
Plan Review process as well as
through noise analysis as part of
environmental review for required
project entitlements.

10.2 Public Hearing Page 37
Tulare General Plan APR Implementation Measures Status – Page 21 project design to reduce
noise exposure to the
levels specified by the
policies of the Noise
Element such measures
may include the use of
building setbacks, building
orientation, and noise
barriers. If a noise barrier is
required for mitigation of
exterior noise levels, it
should be constructed of
tight-fitting, massive
materials (1-inch thick
wood, stucco, masonry,
etc.) and should be of
sufficient height to interrupt
line-of-sight between the
source and receiver. Lineof-sight should be
determined by drawing a
straight line between the
effective heights of the
noise source and receiver.

For traffic noise, an in
instances where the
number of heavy trucks
exceeds five (5) percent of
the Average Daily Traffic
(ADT), an effective height
of ten (10) feet above the
rails should be used for
locomotive and car noise,
and an effective height of
fifteen (15) feet above the
rails should be used for
horn noise. For industrial,
commercial, or other
stationary noise sources or
for aircraft noise, a detailed

10.2 Public Hearing Page 38
Tulare General Plan APR Implementation Measures Status – Page 22 evaluation of noise source
spectra and effective
height(s) should be
conducted. Receiver height
should be assumed to be
five (5) feet above project
grade for outdoor activity
areas such as backyards.

The receiver height for
small patios or upper floor
decks should be assumed
to be four (4) feet above
the finished floor elevation.

Interior noise levels may be
assumed to be in
compliance with the 45 dB
Ldn (or CNEL) standard as
long as the building
construction complies with
today’s more stringent
thermal insulation
requirements and windows
and doors may remain
closed. This will require the
installation of air
conditioning or mechanical
ventilation.

When the above-described
conditions do not exist and an
acoustical analysis is required
by the City of Tulare it should:
• Be the responsibility of the
applicant.
• Be prepared by an
individual or firm with
demonstrable experience
in the fields of
environmental noise

10.2 Public Hearing Page 39
Tulare General Plan APR Implementation Measures Status – Page 23 Program Description Responsibility Quantified
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assessment and
architectural acoustics.
• Include representative
noise level measurements
with sufficient sampling
periods and locations to
adequately describe local
conditions.
• Include estimated noise
levels in terms of Ldn (or
CNEL) existing and
projected future (10 to 20
years hence) conditions,
with a comparison made to
the adopted policies of the
Noise Element.
• Include recommendations
for appropriate mitigation
measures to achieve
compliance with the
adopted policies and
standards of the Noise
Element.
• Include estimates of noise
exposure after the
prescribed mitigation
measures have been
implemented. If compliance
with the adopted standards
and policies of the Noise
Element will not be
achieved, a rationale for
acceptance of the project
must be provided.

10.2 Public Hearing Page 40
Tulare General Plan APR Implementation Measures Status – Page 24 Program Description Responsibility Quantified
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Implementation
Measure NOII4.3: Acoustical
Analysis
Tulare County and its
incorporated cities shall
develop and implement
procedures to ensure that
requirements imposed pursuant
to the findings of an acoustical
analysis are implemented as
part of the project permitting
process. The appropriate time
for requiring an acoustical
analysis would be as early in
the project review or permitting
process as possible, so that
noise mitigation may be an
integral part of the project
design rather than an
afterthought.

Planning
Division N/A Ongoing
Noise reduction requirements,
whether mitigation measures resulting
from the environmental review
process or conditions of project
approval, are implemented to be
incorporated prior to construction, to
ensure construction contractors abide
by such requirements when applying
for grading and building permits.

10.2 Public Hearing Page 41
Tulare General Plan APR Implementation Measures Status – Page 25 Program Description Responsibility Quantified
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Implementation
Measure NOII4.4: Community
Noise Control
Ordinance
Noise exposure information
developed during the
community noise survey
described in this Noise Element
may be used as a guideline for
the development and adoption
of a community noise control
ordinance to address noise
complaints, and to provide local
industry with performance
standards for future
development and/or equipment
modifications. If such an
ordinance is adopted, it should
be consistent with the “Model
Community Noise Control
Ordinance” prepared by the
California Office of Noise
Control in 1977, with
modifications made to reflect
local concerns and conditions
(a draft community noise
control ordinance is contained
within the Technical Reference
Document).

Planning
Division N/A Ongoing
The City’s Noise Ordinance reflects
local concerns and conditions and is
applied to both new development as
well as existing uses, to maintain an
acceptable community noise level,
particularly in noise-sensitive areas of
the City, such as residential
neighborhoods.

Implementation
Measure NOII4.5: Review &
Update of Noise
Element
The Noise Element of the
Tulare County General Plan
and the General Plans of the
incorporated cities of the
County shall periodically be
reviewed and updated to
ensure that noise exposure
information, goals, and policies
are consistent with changing
conditions and/or standards.

Planning
Division N/A Ongoing
The Noise Element, just like other
elements of the General Plan, is
periodically reviewed to ensure it is
still consistent with changing
conditions and standards, and to
identify needed updates.

10.2 Public Hearing Page 42
Upcoming Long Range Planning Policy Updates & Priorities Local Early Action Planning Grant – The City of Tulare applied for and was notified that it was approved for a $300,000 Local Early Action Planning (LEAP) Grant. This grant is being used to support implementation of various City of Tulare General Plan policies through a comprehensive update of the City’s Zoning Ordinance. The updates to the Zoning Ordinance are proposed to make the Zoning Ordinance consistent with changes required as a result of the adopted General Plan policies, changes to state law, and changes due to new and changing planning and market trends related to land use. The objective is to have a clearer Zoning Ordinance, consistent with policies and implementation measures in the General Plan, including streamlining and facilitating orderly growth through process improvements that accelerate housing production, and facilitate compliance with the implementation of the City’s sixth cycle of the regional housing needs assessment (RHNA).

In late 2021, the City of Tulare selected a consultant through an RFP and interview process to assist in preparation of the aforementioned updates to the City’s Zoning Ordinance and related sections of the City’s Municipal Code. In 2022, the City of Tulare Planning Commission held a series of workshops to solicit public input regarding revisions to the City’s Zoning Ordinance. In 2023, the selected consultant worked to provide draft language that makes the changes outlined above while incorporating input received during Planning Commission workshops. Planning staff also worked to review these draft and provide comments, revisions and feedback. It is anticipated that the draft document will be taken for public review and adoption by the City Council in the fall of 2024. 6th Cycle Housing Element Update – In 2022 City of Tulare staff began efforts to prepare the City’s 6th Cycle Housing Element Update. The City has chosen to coordinate its efforts with other jurisdictions within the Region to prepare a multi-jurisdictional housing element. In 2022, a consultant was selected to assist in the preparation of the multi-jurisdictional housing element and City staff worked to provide needed information to assist in the preparation of the document. In 2023, public outreach meetings were held to solicit input from the community for incorporation into the document. The consultant also began work to prepare draft sections of the document for review by City staff. City staff worked to review draft sections and provide comments, revisions and feedback. The 6th Cycle Housing Element is required to be adopted and presented to the California Department of Housing and Community Development by the Spring of 2024.

10.2 Public Hearing Page 43
Staff Report
Meeting: City Council
Date: April 16, 2024
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manual Correa, Safety, Compliance & Facilities Officer Agenda Title: Delegated Maintenance Agreement with Caltrans

RECOMMENDED ACTION
Approve a Delegated Maintenance Agreement with Caltrans and authorize the City Manager to execute all necessary documents on behalf of the City thereof.

SUMMARY
The City of Tulare’s Office of Safety, Compliance & Facilities department wishes to enter into a Delegated Maintenance Agreement with Caltrans.

The Delegated Maintenance Agreement allows the City to perform necessary fence repairs, fence restoration, graffiti removal, and weed abatement on/in approved Caltrans property.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action as Caltrans will reimburse for the work performed.

LEGAL REVIEW
Review by the City Attorney’s Office was completed in December 2023.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Delegated Maintenance Agreement with Caltrans

2. Email Approval from the City Attorney’s Office
Reviewed/Approved:

Item #: 11.2
General Business

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1 DELEGATED MAINTENANCE AGREEMENT
WITH the CITY of TULARE
This DELEGATED MAINTENANCE AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation (“STATE”) and the City of Tulare (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES.”

RECITALS

1. This AGREEMENT will identify the specific maintenance functions LOCAL AGENCY will perform in the STATE right of way, including highway and freeway areas situated within LOCAL AGENCY’s jurisdictional limits as authorized under Streets and Highways Code Section 130.

2. The PARTIES executed (a) prior Delegated Maintenance Agreement(s) dated August 26, 1988. This AGREEMENT supersedes the prior Delegated Maintenance Agreement(s). The prior Delegated Maintenance Agreement(s) will not remain in full force and effect. This AGREEMENT does not supersede other Freeway Maintenance Agreements executed by the PARTIES, if any.

OPERATIVE PROVISIONS

1. Maintenance Services. LOCAL AGENCY shall perform maintenance operations at the State Route(s) (SR), post miles (PM) and approximate mile lengths (STATE Right of Way) set forth in Exhibit A to keep the facilities in a safe and operational condition. Maintenance Operations include but are not limited to sweeping, graffiti removal, fence repairs, and fence restoration. LOCAL AGENCY shall repair and/or replace any segment of chain link fencing described in Exhibit A. Replacement, and repair, must match existing fence height and meet the standard plans listed in Exhibit B. The frequency of fence repair is dependent upon the need deemed by STATE based on vandalism and/or accidents which occur within the locations shown on Exhibit A.

2. Prior Delegated Maintenance Agreements. This AGREEMENT supersedes the PARTIES’ prior Delegated Maintenance Agreement dated August 26, 1988. The prior Delegated Maintenance Agreement will not remain in full force and effect. This AGREEMENT does not supersede other Freeway Maintenance Agreements executed by the PARTIES, if any.

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2 3. Maintenance Standards. LOCAL AGENCY shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code Section 27, and in accordance with California and federal laws and regulations and STATE policies, procedures and specifications in effect and as amended, and applicable municipal ordinances.

4. Maintenance Areas and Services. LOCAL AGENCY shall only perform those maintenance services in the STATE right of way locations described in Exhibit A.

5. Amendment to Agreement. Changes to LOCAL AGENCY’s maintenance services covered in this AGREEMENT may be made by each PARTY executing amended Exhibit A and/or executing additional pages to Exhibits A and B that shall be attached to this AGREEMENT and will supersede the original Exhibit A. Otherwise, this AGREEMENT may only be amended by a written agreement executed by both PARTIES. STATE’s District Maintenance Agreement Coordinator (DMAC) must obtain prior written approval of any amendments from the District 06 Deputy Director of Maintenance before such amendments may become effective and enforceable under this AGREEMENT.

6. Party Representatives and Notices.

LOCAL AGENCY’s Project Manager is: Manny Correa
STATE’s DMAC is: Daniel Lum
All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses as follows:

LOCAL AGENCY
Attn: Name of Project Manager: Manny Correa
Address: 411 E Kern Ave
City, Zip: Tulare, CA 93274
STATE
Attn: Name of DMAC: Daniel Lum
Address: 1352 W Olive Avenue
City, Zip: Fresno, 93728

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3 7. Unsheltered Encampment Removal.

A. STATE shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the entire NVOC, subject to applicable State and Federal law.

B. Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations in shown in Exhibits A.

8. Graffiti Removal. LOCAL AGENCY’s graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCAL AGENCY shall discuss such possible art with STATE’s District 06 Transportation Art Coordinator before conducting any graffiti removal or remediation. STATE shall pay the actual cost of LOCAL AGENCY’s graffiti removal as specified in Section 11 of this AGREEMENT.

9. Weed Abatement. LOCAL AGENCY shall engage in weed abatement operations. LOCAL AGENCY shall control weeds at a level acceptable to STATE.

Any weed control performed by chemical weed sprays (herbicides)shall comply with all laws, rules, and regulations established by California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (form LA17) to STATE via the STATE’s Landscape Specialist, Maintenance Support, Caltrans District Office at 1352 W Olive Ave, Fresno, CA 93728.

10. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s District 06 Area Maintenance Superintendent, Mark Peton at least twentyfour (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. His email and phone number are: [email protected], (559)734-1388. LOCAL AGENCY shall provide the DMAC identified in this AGREEMENT with a schedule for sweeping services, graffiti removal and notice of fence repairs.

Maintenance services shall be provided at a minimum weekly basis.

Maintenance services shall be performed between the hours of 6:00 a.m. and 6:00 p.m. and may be performed on weekends and holidays, if necessary. LOCAL AGENCY must request through the DMAC prior written approval from STATE’s District Maintenance Supervisor to perform any maintenance services before 6:00 a.m. or after 6:00 p.m.

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4 11. Authorized Reimbursement. The functions and levels of maintenance services delegated to LOCAL AGENCY in the attached Exhibit A and amounts appropriated to STATE have been considered in setting authorized total dollar amounts. LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein.

12. Cost Reimbursement. STATE shall reimburse LOCAL AGENCY for LOCAL AGENCY’s actual and necessary costs incurred to perform the maintenance services under this AGREEMENT; provided, however, that STATE’s reimbursement shall not exceed the maximum authorized expenditures under this AGREEMENT.

13. Amendment to Approved Expenditures. Upon LOCAL AGENCY’s written request, the expenditures per route for maintenance services set forth in Exhibit A may be increased, decreased, or redistributed between routes pursuant to the PARTIES executing an appropriate amendment in accordance with section 5 above. All such adjustments must be authorized in writing by the District Director or his/her authorized representative.

14. Term of Expenditures. Additional expenditures or an adjustment of expenditures once authorized shall apply only for the term of this AGREEMENT and shall not be deemed to permanently modify or change the basic maximum expenditures per route as specified in Exhibit A. Any expenditure adjustments shall not affect or alter any other terms of this AGREEMENT.

15. Billing, Payment and Reporting.

15.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE’s DMAC each (quarter) beginning after the first (month/quarter) LOCAL AGENCY has performed maintenance services under this AGREEMENT. LOCAL AGENCY shall not submit billing invoices for reimbursement of costs less than $500 more than once each quarter. LOCAL AGENCY shall also submit billing invoices promptly following the close of STATE’s fiscal year on each June 30th.

15. 2 Billing Submission Format. Each billing invoice shall include all of the following:

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5 (a)STATE’s AGREEMENT number;
(b)Date(s) of services;
(c)Location of services;
(d)Number of hours and hourly rates;
(e)Receipts for trash disposal; and
(f) Receipts for equipment, materials and supplies.

STATE shall pay LOCAL AGENCY for the maintenance services satisfactorily performed in accordance with the rates and schedules in Exhibits A.

16. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits.

17. Encroachment Permits. Before LOCAL AGENCY may enter STATE right of way to perform any maintenance services in the areas covered by this AGREEMENT, STATE’s District 06 Encroachment Permit Office must issue an initial encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to enter or perform any work within STATE right of way not covered by this AGREEMENT. STATE will issue these additional encroachment permits at no cost to LOCAL AGENCY. LOCAL AGENCY’s contractors and subcontractors must apply for and be issued separate encroachment permits before they may enter STATE right of way to perform any maintenance or work under this AGREEMENT.

18. Legal Disposal of Litter Collected.

LOCAL AGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any debris piles or other groups of litter or material assembled during its maintenance services along or in STATE Right of Way. Such litter groupings shall be removed out of STATE Right of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT.

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6 19. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE’s employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL-OSHA regulations and guidelines.

LOCAL AGENCY shall make arrangements through the STATE if traffic controls, flags, signs, or lane closures are necessary to safely perform any maintenance services. STATE’s maintenance Supervisor or designee shall determine what protections are required at the worksite pursuant to applicable provisions of the Caltrans Maintenance Manual, including but not limited to Volume 1, Chapter 8, Protection of Workers.

20. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibit A.

21. Legal Relations and Responsibilities.

21.1 No Third-party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law.

21.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in
connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL

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7 AGENCY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT.

Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this Agreement.

21.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member is injured while performing maintenance services under this AGREEMENT, LOCAL AGENCY or its designated subcontractor shall be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims. LOCAL AGENCY shall notify the DMAC within twenty-four (24) hours when any such incident has occurred.

22. Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s maintenance services under this AGREEMENT.

23. Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess by delivering a Letter Certifying Self-Insurance. The Letter of SelfInsurance must be substantially in the form of Exhibit C and identify the AGREEMENT number, and location as depicted in Exhibit A. LOCAL AGENCY shall provide the original Letter Certifying Self-Insurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit C.

11.2 General Business Page 8
Rev. 12/5/2023
MA#TR-06--3-0005
City of Tulare DMA
8 Self-Insured using Contractor. If the work performed under this AGREEMENT is done by LOCAL AGENCY‘s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.

24. Budget Contingency. STATE’s payments to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act and the encumbrance of funding to STATE’s District Office.

25. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. Either PARTY may terminate this AGREEMENT upon 30 days’ prior written notice to the other PARTY.

26. Effective Date (Term) of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT.

27. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.

28. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

29. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.

11.2 General Business Page 9
Rev. 12/5/2023
MA#TR-06--3-0005
City of Tulare DMA
9 Melissa Hermann,
Chief Deputy City Clerk

THE CITY OF TULARE

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Dated: Dated:

Terry A. Sayre, Mayor John Liu, Deputy
District Director
Maintenance and
Operations
APPROVED:

Dated:

Marc Mondell,
City Manager
Dated:

11.2 General Business Page 10

DELEGATION OF MAINTENANCE

GRAFFITI REMOVAL
Route
No.

Length
Miles
Description of Routing Program
Delegated
Maximum
Annual
Authorized
Expenditure
99 8.3 PM 23.5/31.8 (Ave 184 to Cartmill
Road)
HM2D $8,000
TOTAL ANNUAL AUTHORIZED EXPENDITURE FOR GRAFFITI REMOVAL: $8,000

FENCE REPAIR
Route
No.

Length
Miles
Description of Routing Program
Delegated
Maximum
Annual
Authorized
Expenditure
99 8.3 PM 23.5/31.8 (Ave 184 to Cartmill
Road)
$20,000
TOTAL ANNUAL AUTHORIZED EXPENDITURE FOR FENCE REPAIR: $20,000

SWEEPING
Route
No.

Length
Miles
Description of Routing Program
Delegated
Maximum
Annual
Authorized
Expenditure
63 0.09 Mooney Blvd. From Route 137 to City
Limits 460.4 feet north of Route 137, a
length of 0.09 mi
0 0
137 4.19 Inyo Street from West City limits
approximately 250 feet east of the
Santa Fe Railway crossing (PM 13.51)
to “M” Street, along “M” Street to
Tulare Street along Tulare Street to
Tulare Avenue, along Tulare Avenue
to East City Limits at Martin Street
(PM 17.70), a length of 4.19 Mi (9.10
curb miles)
HM2D $18,000
TOTAL ANNUAL AUTHORIZED EXPENDITURE FOR SWEEPING: $18,000

11.2 General Business Page 11
11/17/23
TOTAL ANNUAL AUTHORIZED EXPENDIDTURE: $46,000

11.2 General Business Page 12
11/17/23

11.2 General Business Page 13
11/17/23

11.2 General Business Page 14
11/17/23

11.2 General Business Page 15
11/17/23

11.2 General Business Page 16
From: Sarah Valencia
To: Tiffany Connelley
Cc: Mario U. Zamora; Manny Correa
Subject: Re: FW: Tulare DMA
Date: Friday, December 15, 2023 2:58:36 PM
Tiffany, We have no comments or revisions for this agreement.

Sarah Valencia
Paralegal
Office: 559.584.6656
Direct: 559.421.2079
111 E 7th Street
Hanford, CA 93230
On Fri, Dec 8, 2023 at 10:25 AM Tiffany Connelley <[email protected]> wrote:

Sarah,
Please review the attached contract and advise if there are any concerns or items that need to be changed. This contract was provided to us by Cal Trans.

Thank you,
Tiffany R. Connelley
Administrative Assistant|Office of Safety, Compliance & Facilities City of Tulare
559-684-4252

11.2 General Business Page 17 ATTACHMENT 2
From: Lum, Daniel@DOT <[email protected]>
Sent: Friday, December 8, 2023 10:04 AM
To: Tiffany Connelley <[email protected]>
Cc: Miao, Jason@DOT <[email protected]>; Ataelgeed, Eltahir@DOT <[email protected]>
Subject: Tulare DMA
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.

Good Morning Tiffany,
Attached is a Delegation Maintenance Agreement for Graffiti Removal, Fence Repair, and Sweeping for your review. If this agreement is acceptable to the City, please execute this agreement and return to me for further processing.

Thank you
Daniel Lum, PE.TE.

Transportation Engineer
Maintenance
(559) 383-5201

11.2 General Business Page 18
Staff Report
Meeting: City Council
Date: April 16, 2024
Department: Information Technology Services
Submitted by: Jason Bowling, Chief Technology Officer
Agenda Title: Financial System Replacement Contract

RECOMMENDED ACTION
Approve a sole source agreement with Tyler Technologies, Inc. for purchase and implementation of “Enterprise ERP” and for ongoing maintenance subject to minor conforming and clarifying changes acceptable to the City Attorney and City Manager for a maximum total contract value of $948,113.65 including applicable sales tax on hardware; authorize change orders up to 10% of the of the contract or $94,811.37 and authorize appropriation and use of $94,811.37 from Fund 603 Technology CIP fund to cover potential contingency costs; and authorize the issuing of $39,730 purchase order for travel expenses to be billed at actual costs from project IT2023-02.

SUMMARY
The City of Tulare currently uses Eden Systems as the primary financial system, which is also referred to as an Enterprise Resource Planning (ERP) system. Eden Systems is being phased out by the manufacturer, Tyler Technologies, Inc., and will no longer be supported past March 2027.

In May 2022, City Council adopted Resolution 2022-05 appropriating $1,650,000 in American Rescue Plan Act (ARPA) funding towards replacing the financial system (ERP system). In June 2023, City Council approved the 2023-2025 Capital Improvement Plan that included project IT2023-02 for Phase One of the ERP system replacement. Phase One of the ERP system replacement is a three-year project that includes: Core Financials, Human Resources\Payroll and Utility Billing, all starting in the 2023/2024 fiscal years. Phase Two was also included (project IT2023-03) and is a two-year project that starts in 2025/2026 and includes primality land use-based functions of Permits and Inspections and Code Enforcement.

Tyler Technologies is the parent company of the existing financial system, Eden. The Eden ERP system has served the City of Tulare very well for over 30 years. This purchase is based on a sole source because it is following the upgrade path of the existing system. Not all parts of the existing system will be replaced under this contract. Some portions of the system are current and will remain, like the cashiering system, while others like the permitting system still need to be replaced but will be addressed in a later phase. Eden was purchased under Tyler’s Evergreen licensing model, which allowed for upgrades to the system without having to repurchase one-time software licenses for modules that have already been purchased. The evergreen licensing model represents a cost savings of $268,486.

Item #: 11.3
General Business

11.3 General Business Page 1
The primary purpose of this purchase is to replace the existing system with modern software that can serve the organization, and the citizens of Tulare into the future. While developing the scope for this project, additional software modules were identified that would provide value for the City of Tulare. Capital Assets, Contract Management and Time and Attendance Mobile Access are new additional functions. Cash Management is a core module in Enterprise ERP that is required. The Time and Attendance Module has significantly expanded functionality and is considered a new product. Finally, the content management (i.e., scans of supporting documents) is a new product from Tyler Technologies. Previously, Eden used an interface to Laserfiche, that is not available with the Enterprise ERP software.

Below is a summary listing the components of the Enterprise ERP software included in this contract.

Module
Financial Management
Accounting Existing
Account Payable Existing
Budgeting Existing
Capital Assets New Module
Cash Management Required with new
system
Contract Management New Module
Project and Grant Accounting Existing
Purchasing Existing
Revenue Management
Accounts Receivable Existing
Animal Licensing Existing
Cashiering (Including Interface) Existing
General Billing Existing
Utility Customer Information System Existing
Utility Billing Meter Interface Existing
Human Resource Management
Human Resources & Talent Management Existing
Time and Attendance Expanded Function
Time and Attendance Mobile Access New Module
Content Management
Content Management Core New Module From Tyler
Technologies

FISCAL IMPACT & FUNDING SOURCE(S)
The contract total with tax is 948,113.65. This is part of project IT2023-02 Phase One of the Finance System Replacement and is requesting American Rescue Plan Act (ARPA) funding, account 028-4145-7204.

The project implementation is currently planned to be 25% onsite and 75% remote. This approach allows for a cost-effective balance of minimizing travel costs while still providing enough on-site time to efficiently achieve project goals. Based on the 25% onsite time, there is an anticipated travel expense for this project of $39,730. These costs are not part of the contract, as they are billed based on the actual amounts. A separate purchase order will be issued to cover these expenses as part of IT2023-02 using ARPA funding.

11.3 General Business Page 2
Due to the complex nature ERP systems, Staff is requesting a 10% contingency for a total value of $94,811.37. ARPA funding does not allow for contingency funds. Therefore, staff is requesting an appropriation and use of $94,811.37 from Fund 603 Technology CIP fund to cover potential contingency costs. Fund 603 Technology CIP contains sufficient available fund balance.

LEGAL REVIEW
This contract was review by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny - If the contract is not approved, the city risks running unsupported software for the financial system.

3. Table

ATTACHMENTS

1. Agreement
Reviewed/Approved:

11.3 General Business Page 3
1 LICENSE AND SERVICES AGREEMENT
This License and Services Agreement is made between Tyler Technologies, Inc. and Client.

WHEREAS, Client selected Tyler to license the software products and perform the services set forth in the Investment Summary and Tyler desires to perform such actions 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 License and Services Agreement.  “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
 “Client” means City of Tulare, California.
 “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 Named Users” means the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules identified in the Investment Summary, if any.
 “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 software, products, and services attached as Exhibit A.
 “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
 “Maintenance and Support Agreement” means the terms and conditions governing the provision of maintenance and support services to all of our customers. A copy of our current Maintenance and Support Agreement is attached as Exhibit C.  “Order Form” means an ordering document that includes a quote or investment summary and

11.3 General Business Page 4 ATTACHMENT 1
2 specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
 “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E.
 “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
 “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
 “Third Party Products” means the Third Party Software and Third Party Hardware.  “Third Party Services” means the third party services, if any, identified in the Investment Summary.
 “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
 “Third Party Software” means the third party software, if any, identified in the Investment Summary.
 “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
 “Tyler” means Tyler Technologies, Inc., a Delaware corporation.  “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
 “we”, “us”, “our” and similar terms mean Tyler.
 “you” and similar terms mean Client.

SECTION B – SOFTWARE LICENSE

1. License Grant and Restrictions.

1.1 We grant to you a license to use the Tyler Software for your internal business purposes only, in the scope of the internal business purposes disclosed to us as of the Effective Date. You may make copies of the Tyler Software for backup and testing purposes, so long as such copies are not used in production and the testing is for internal use only.

1.2 Without limiting the terms of Section 1.1, you understand and agree that the Tyler Software set forth in the Investment Summary as subscription or software as a service (“SaaS”) do not include perpetual rights. If you do not pay the required annual fee in accordance with the Invoicing and Payment Policy, your right to use the applicable Software will be suspended unless and until payment in full has been made. Tyler Software provided as SaaS is subject to the Tyler SaaS Services Terms and Service Level Agreement attached as Exhibit F.

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

11.3 General Business Page 5
3 1.4 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile, or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting services with the Tyler Software; or (d) publish or otherwise disclose the Tyler Software or Documentation to third parties.

1.5 The license terms in this Agreement apply to updates and enhancements we may provide to you or make available to you through your Maintenance and Support Agreement.

1.6 The right to transfer the Tyler Software to a replacement hardware system is included in your license. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer.

1.7 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance, and in the event of any change in our status, will comply with applicable notice requirements.

1.8 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and Documentation are protected by copyright and other intellectual property laws and treaties.

We own the title, copyright, and other intellectual property rights in the Tyler Software and the Documentation. The Tyler Software is licensed, not sold.

2. License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.

3. Limited Warranty. We warrant that the Tyler Software will be without Defect(s) as long as you have a Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the Maintenance and Support Agreement.

SECTION C – PROFESSIONAL SERVICES

1. 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.

11.3 General Business Page 6
4 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. We make all reasonable efforts to schedule our personnel for travel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments.

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

6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. You further agree to provide a reasonably suitable environment, location, and space for the installation of the Tyler Software and any Third Party Products, including, without limitation, sufficient electrical circuits, cables, and other reasonably necessary items required for the installation and operation of the Tyler Software and any Third Party Products.

7. 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).

8. 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.

SECTION D – MAINTENANCE AND SUPPORT
This Agreement includes the period of free maintenance and support services identified in the Invoicing and Payment Policy. If you have purchased ongoing maintenance and support services, and continue to make timely payments for them according to our Invoicing and Payment Policy, we will provide you with maintenance and support services for the Tyler Software under the terms of

11.3 General Business Page 7
5 our standard Maintenance and Support Agreement.

If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the Maintenance and Support Agreement does not apply to you. Instead, you will only receive ongoing maintenance and support on the Tyler Software on a time and materials basis. In addition, you will:
(i) receive the lowest priority under our Support Call Process; (ii) be required to purchase new releases of the Tyler Software, including fixes, enhancements and patches;
(iii) be charged our then-current rates for support services, or such other rates that we may consider necessary to account for your lack of ongoing training on the Tyler Software; (iv) be charged for a minimum of two (2) hours of support services for every support call; and
(v) not be granted access to the support website for the Tyler Software or the Tyler Community Forum.

SECTION E – THIRD PARTY PRODUCTS
To the extent there are any Third Party Products set forth in the Investment Summary, the following terms and conditions will apply:

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. Upon payment in full of the Third Party Software license fees, you will receive a non-transferable license to use the Third Party Software and related documentation for your internal business purposes only. Your license rights to the Third Party Software will be governed by the Third Party Terms.

2.1 We will install onsite the Third Party Software. The installation cost is included in the installation fee in the Investment Summary.

2.2 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party Software, you will be required to pay such additional future fee.

2.3 The right to transfer the Third Party Software to a replacement hardware system is governed by the Developer. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer.

3. Third Party Products Warranties.

3.1 We are authorized by each Developer to grant or transfer the licenses 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.

11.3 General Business Page 8
6 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.

5. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and other issues related to the Third Party Software directly to us, and we will (a) directly address the defect or issue, to the extent it relates to our interface with the Third Party Software; and/or (b) facilitate resolution with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in effect with us, you will be responsible for resolving defects and other issues related to the Third Party Software directly with the Developer.

SECTION F – INVOICING AND PAYMENT; INVOICE DISPUTES

1. Invoicing and Payment. We will invoice you for all fees set forth in the Investment Summary per our Invoicing and Payment Policy, subject to Section F(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 forty-five (45) 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 services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.

SECTION G – TERMINATION

1. 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 F(2).

1.1 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section I(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

11.3 General Business Page 9
7 breach of this Agreement within the thirty (30) day window set forth in Section I(3).

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

1.3 Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase, lease, operate, or maintain the software or services set forth in this Agreement, 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 license and other fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.

2. Return of Data. If Tyler is hosting any of your Data, and in the event of termination of the Agreement, and upon reasonable advance notice, Tyler shall promptly make all Data available to you in the format of the database or other such format as may be mutually agreed upon, provided through Tyler’s FTP server or such other secure method reasonably selected by Tyler. Such Data will be provided at no additional cost.

3. Data Backups. Tyler will destroy its backups of Data, if any, upon Client’s written request in a commercially reasonable manner consistent with industry standards and Tyler’s business continuity guidelines. Tyler is bound by the confidentiality provision at Section I(17) until all copies of Data are destroyed.

SECTION H – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE

1. Intellectual Property Infringement Indemnification.

1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

1.2 Our obligations under this Section H(1) will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software, and we provided notice of that requirement to you; (b) combining the Tyler Software with any product or device not provided, contemplated, or approved by us; (c) altering or modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties; or (e) willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim.

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

11.3 General Business Page 10
8 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; (c) replace it with a functional equivalent; or (d) terminate your license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straight-line basis measured over seven (7) years from the Effective Date. We will pursue those options in the order listed herein. 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; (b) our violation of PCI DSS requirements or a law applicable to our performance under this Agreement; or (c) Tyler’s violations of the confidentiality provisions of Section I(17) of this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.

We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.

3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER

WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT

NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER

DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR, UNLESS THE USER ERROR WAS CAUSED OR DIRECTED BY TYLER.

4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,

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

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

YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) PRIOR TO FORMAL TRANSITION TO MAINTENANCE AND SUPPORT, TWO (2) TIMES THE TOTAL ONE-TIME FEES SET FORTH IN THE INVESTMENT SUMMARY; OR (B) AFTER FORMAL TRANSITION TO MAINTENANCE AND SUPPORT, TWO (2) TIMES THE THEN-CURRENT ANNUAL MAINTENANCE AND SUPPORT FEE. THE PARTIES

11.3 General Business Page 11
9 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 H(1) AND H(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 (inclusive of Cyber coverage) of at least $5,000,000; (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 I – 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 (24) months from the Effective Date, and thereafter at our then-current list price, by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (24) 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 (24) 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 the State or Federal Courts serving Tulare County, California. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.

4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt

11.3 General Business Page 12
10 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. All applicable provisions in this Agreement will be enforceable against any subcontractor hired to perform services under this Agreement. Any subcontractor hired to perform services under this Agreement will be based in the U.S.

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. See Section G(1.2) of this Agreement for the parties’ right to terminate under this provision.

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.

11.3 General Business Page 13
11 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, and with your prior written consent, 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.

11.3 General Business Page 14
12 18. 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.

19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its rules on conflicts of law. Venue for any litigation arising out of this Agreement shall be in the State or Federal Courts serving Tulare County, California.

20. 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.

21. 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.

22. License Rights Terminate Upon Migration. When Tyler makes Tyler Software discounted 100% in the Investment Summary (the “Evergreen Modules”) licensed pursuant to this Agreement available to the Client for use in live production, the license to the Tyler software listed in Exhibit A, Schedule 1 (hereafter, “Migration Modules”) will be restricted to read-only access, and Tyler’s maintenance, support, and/or update obligations for such software terminates.

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, attached as Exhibit G.

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. Payment Card Processing Terms. Your use of Payments and any related items included in the Investment Summary is subject to the terms attached as Exhibit I.

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

Exhibit A Investment Summary
Schedule 1: Migration Modules
Schedule 2: Tyler Sales Quote
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Maintenance and Support Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: DocOrigin Terms
Exhibit E Statement of Work

11.3 General Business Page 15
13 Exhibit F SaaS Services Terms and Conditions
Schedule 1: Service Level Agreement
Exhibit G Data & Insights Services Terms of Service
Exhibit H Tyler Systems Management (“TSM”) Terms of Service 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 Tulare, California
By: By:

Name: Name:

Title: Title:

Date: Date:

Address for Notices: Address for Notices:

Tyler Technologies, Inc. City of Tulare
One Tyler Drive 411 East Kern Avenue
Yarmouth, ME 04096 Tulare, California 93274-4257
Attention: Chief Legal Officer Attention:_____________

11.3 General Business Page 16
Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.

Tyler sales quotation inserted on the following pages.

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11.3 General Business Page 17
Exhibit A
Schedule 1
1 Exhibit A
Schedule 1
Migration Modules
Accounts Receivable Support
Payroll Support
GL/AP Support
TOP LaserFiche Output Support
Tyler Output Processing Support
Human Resources Support Web
Requisitions Support
Utility Billing Support
Budget Preparation Support
Data Dictionaries Support
Parcel Manager Support
Menu Support
Cash Register Interface Support
Project Accounting Support
Utility Billing Support Web
Purchasing Support
Position Budgeting Support
Human Resources Support
Tyler Payments – Hosting Fee
Tyler Cashiering Support

11.3 General Business Page 18
Exhibit A
Schedule 2
1 Exhibit A
Schedule 2
Tyler Sales Quote

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11.3 General Business Page 19
2022-312222-T6R9D3 Page 1
Quoted By: Chris Deroche
Quote Expiration: 09/21/22
Quote Name: City of Tulare-ERP-EERP
Quote Description: EERP ETA 4.9.24 OP
Sales Quotation For: Shipping Address:

City of Tulare
411 E Kern Ave
Tulare CA 93274-4257
Tyler License Fees and Related Services
Description Qty License Hours Module Total
Year One
Maintenance
Financial Management
Accounting 1 $ 74,171.00 184 $ 0.00 $ 13,351.00
Accounts Payable 1 $ 20,478.00 80 $ 0.00 $ 3,686.00
Budgeting 1 $ 20,478.00 112 $ 0.00 $ 3,686.00
Capital Assets 1 $ 17,631.00 96 $ 17,631.00 $ 3,174.00
Cash Management 1 $ 14,069.00 80 $ 14,069.00 $ 2,532.00 Contract Management 1 $ 8,447.00 64 $ 8,447.00 $ 1,520.00 Project & Grant Accounting 1 $ 14,265.00 96 $ 0.00 $ 2,568.00 Purchasing 1 $ 31,681.00 240 $ 0.00 $ 5,703.00
Revenue Management
Accounts Receivable 1 $ 15,634.00 184 $ 0.00 $ 2,814.00 Animal License 1 $ 7,130.00 48 $ 0.00 $ 1,783.00
Cashiering 1 $ 28,143.00 96 $ 0.00 $ 5,066.00
Central Property File 1 $ 2,429.00 16 $ 0.00 $ 607.00
General Billing 1 $ 9,634.00 80 $ 0.00 $ 1,734.00
Utility Billing CIS 1 $ 23,520.00 208 $ 0.00 $ 4,234.00 Utility Billing Meter Interface 1 $ 8,089.00 64 $ 0.00 $ 1,456.00 Human Resources Management
Exhibit A
Schedule 2

11.3 General Business Page 20
2022-312222-T6R9D3 Page 2
Human Resources & Talent Management 1 $ 12,834.00 176 $ 0.00 $ 2,310.00 Time & Attendance - Up to 350 Employees 1 $ 23,341.00 256 $ 23,341.00 $ 4,668.00 Time & Attendance Mobile Access 1 $ 5,075.00 0 $ 5,075.00 $ 1,015.00 Content Management
Content Manager Core 1 $ 26,737.00 96 $ 26,737.00 $ 4,813.00 Additional
Enterprise Forms Processing (including Common Form
Set) 1 $ 13,697.00 0 $ 13,697.00 $ 2,739.00
Integrations
Utility Billing API Toolkit 1 $ 10,500.00 48 $ 10,500.00 $ 2,100.00 Sub-Total $ 387,983.00 $ 119,497.00 $ 71,559.00
Less Discount $ 268,486.00 $ 71,559.00
TOTAL $ 119,497.00 2224 $ 119,497.00 $ 0.00
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Human Resources Management
Payroll with Employee Access 1 336 $ 9,052.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights 1 184 $ 26,701.00 Recurring Services
Payroll Tax Table Updates 1 0 $ 1,000.00
Sub-Total: $ 36,753.00
Less Discount: $ 9,052.00
TOTAL 520 $ 27,701.00
Tyler Annual Services
Description QTY Imp. Hours Annual Fee
Exhibit A
Schedule 2

11.3 General Business Page 21
2022-312222-T6R9D3 Page 3
Recurring Services
System Management Services Contract 1 0 $ 17,890.00
TOTAL: 0 $ 17,890.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Executive Insights Implementation 1 $ 8,400.00 $ 0.00 $ 8,400.00 $ 0.00 Extra Implementation hours to be billed as incurred 80 $ 200.00 $ 0.00 $ 16,000.00 $ 0.00 Install Fee - New Server Install-WIN 1 $ 9,000.00 $ 0.00 $ 9,000.00 $ 0.00 Performance Bond 1 $ 27,547.00 $ 0.00 $ 27,547.00 $ 0.00 Project Management 424 $ 200.00 $ 0.00 $ 84,800.00 $ 0.00 Conversions – See Detailed Breakdown Below $ 47,750.00 $ 0.00 Onsite Implementation 692 $ 225.00 $ 0.00 $ 155,700.00 $ 0.00 Remote Implementation 2052 $ 200.00 $ 0.00 $ 410,400.00 $ 0.00 TOTAL $ 759,597.00 $ 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
NEMA Enclosure 7 $ 350.00 $ 0.00 $ 2,450.00 $ 0.00 $ 0.00 $ 0.00 Touchscreen 10: Proximity Reader (HID) 7 $ 2,510.00 $ 0.00 $ 17,570.00 $ 251.00 $ 0.00 $ 1,757.00 TOTAL $ 20,020.00 $ 1,757.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 119,497.00 $ 0.00
Total SaaS $ 0.00 $ 27,701.00
Exhibit A
Schedule 2

11.3 General Business Page 22
2022-312222-T6R9D3 Page 4
Total Tyler Services $ 759,597.00 $ 17,890.00
Total Third-Party Hardware, Software, Services $ 20,020.00 $ 1,757.00 Summary Total $ 899,114.00 $ 47,348.00
Contract Total $ 946,462.00
Estimated Travel Expenses excl in Contract
Total $ 39,730.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Accounting
AC - Actuals up to 3 years 1 $ 1,500.00 $ 750.00 $ 750.00 AC - Budgets up to 3 years 1 $ 1,500.00 $ 750.00 $ 750.00 AC Standard COA 1 $ 2,000.00 $ 1,000.00 $ 1,000.00
Accounts Payable
AP - Checks up to 5 years 1 $ 3,500.00 $ 1,750.00 $ 1,750.00 AP - Invoice up to 5 years 1 $ 5,000.00 $ 2,500.00 $ 2,500.00 AP Standard Master 1 $ 1,800.00 $ 900.00 $ 900.00
Animal License
AL - Bills 1 $ 5,000.00 $ 2,500.00 $ 2,500.00
AL Std Master 1 $ 4,500.00 $ 2,250.00 $ 2,250.00
General Billing
GB - Bills up to 5 years 1 $ 4,500.00 $ 2,250.00 $ 2,250.00 GB - Recurring Invoices 1 $ 3,500.00 $ 1,750.00 $ 1,750.00 Exhibit A
Schedule 2

11.3 General Business Page 23
2022-312222-T6R9D3 Page 5
GB Std CID 1 $ 1,800.00 $ 900.00 $ 900.00
Payroll
HR Human Resources - Certifications 1 $ 1,400.00 $ 700.00 $ 700.00 HR Human Resources - Education 1 $ 1,400.00 $ 700.00 $ 700.00 HR Human Resources - PM Action History up to 5 years 1 $ 1,400.00 $ 700.00 $ 700.00 HR Human Resources - Position Control 1 $ 1,400.00 $ 700.00 $ 700.00 HR Human Resources - Recruiting 1 $ 1,400.00 $ 700.00 $ 700.00 PR Payroll - Accrual Balances 1 $ 1,500.00 $ 750.00 $ 750.00 PR Payroll - Accumulators up to 5 years 1 $ 1,400.00 $ 700.00 $ 700.00 PR Payroll - Check History up to 5 years 1 $ 1,200.00 $ 600.00 $ 600.00 PR Payroll - Deductions 1 $ 1,800.00 $ 900.00 $ 900.00
PR Payroll - Earning/Deduction Hist up to 5 years 1 $ 2,500.00 $ 1,250.00 $ 1,250.00 PR Payroll - Standard 1 $ 2,000.00 $ 1,000.00 $ 1,000.00 PR Payroll - State Retirement Tables 1 $ 1,400.00 $ 700.00 $ 700.00 Project & Grant Accounting
PG - Actuals up to 3 years 1 $ 1,500.00 $ 750.00 $ 750.00 PG - Budgets up to 3 years 1 $ 1,500.00 $ 750.00 $ 750.00 PGA Standard 1 $ 2,000.00 $ 1,000.00 $ 1,000.00
Purchasing
Purchasing - Standard 1 $ 3,000.00 $ 1,500.00 $ 1,500.00 Utility Billing
Utility Billing - Backflow 1 $ 2,000.00 $ 1,000.00 $ 1,000.00 Utility Billing - Balance Forward AR 1 $ 6,100.00 $ 3,050.00 $ 3,050.00 Utility Billing - Budget Billing 1 $ 4,100.00 $ 2,050.00 $ 2,050.00 Utility Billing - Consumption History up to 5 years 2 $ 3,000.00 $ 3,000.00 $ 3,000.00 Utility Billing - Flat Inventory/Containers 1 $ 4,100.00 $ 2,050.00 $ 2,050.00 Utility Billing - Service Orders 1 $ 3,100.00 $ 1,550.00 $ 1,550.00 Utility Billing - Services 1 $ 4,100.00 $ 2,050.00 $ 2,050.00 Utility Billing - Standard 1 $ 4,600.00 $ 2,300.00 $ 2,300.00 TOTAL $ 47,750.00
Optional Tyler License Fees and Related Services
Exhibit A
Schedule 2

11.3 General Business Page 24
2022-312222-T6R9D3 Page 6
Description Qty License Hours Module Total
Year One
Maintenance
Financial Management
Inventory 1 $ 16,582.00 112 $ 16,582.00 $ 2,985.00
Human Resources Management
Employee Expense Reimbursement 1 $ 8,264.00 96 $ 8,264.00 $ 1,488.00 TOTAL $ 24,846.00 208 $ 24,846.00 $ 4,473.00
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Vendor Access 1 64 $ 9,700.00
TOTAL: 64 $ 9,700.00
Optional Professional Services
Description Quantity Unit Price Ext. Discount Extended Price Maintenance Onsite Implementation 68 $ 225.00 $ 0.00 $ 15,300.00 $ 0.00 Remote Implementation 204 $ 200.00 $ 0.00 $ 40,800.00 $ 0.00 TOTAL $ 56,100.00 $ 0.00
Optional Transaction Fees
Description
Enterprise ERP Payments
Utility Access Payments
Exhibit A
Schedule 2

11.3 General Business Page 25
2022-312222-T6R9D3 Page 7
Tyler License Fee Discount Detail (Excludes Optional Products) Description License
License
Discount License Net
Maintenance
Basis
Year One Maint
Discount
Year One
Maint Net
Financial Management
Accounting $ 74,171.00 $ 74,171.00 $ 0.00 $ 13,351.00 $ 13,351.00 $ 0.00 Accounts Payable $ 20,478.00 $ 20,478.00 $ 0.00 $ 3,686.00 $ 3,686.00 $ 0.00 Budgeting $ 20,478.00 $ 20,478.00 $ 0.00 $ 3,686.00 $ 3,686.00 $ 0.00 Capital Assets $ 17,631.00 $ 0.00 $ 17,631.00 $ 3,174.00 $ 3,174.00 $ 0.00 Cash Management $ 14,069.00 $ 0.00 $ 14,069.00 $ 2,532.00 $ 2,532.00 $ 0.00 Contract Management $ 8,447.00 $ 0.00 $ 8,447.00 $ 1,520.00 $ 1,520.00 $ 0.00 Project & Grant Accounting $ 14,265.00 $ 14,265.00 $ 0.00 $ 2,568.00 $ 2,568.00 $ 0.00 Purchasing $ 31,681.00 $ 31,681.00 $ 0.00 $ 5,703.00 $ 5,703.00 $ 0.00 Human Resources Management
Human Resources & Talent
Management $ 12,834.00 $ 12,834.00 $ 0.00 $ 2,310.00 $ 2,310.00 $ 0.00 Time & Attendance - Up to 350
Employees $ 23,341.00 $ 0.00 $ 23,341.00 $ 4,668.00 $ 4,668.00 $ 0.00 Time & Attendance Mobile Access $ 5,075.00 $ 0.00 $ 5,075.00 $ 1,015.00 $ 1,015.00 $ 0.00 Revenue Management
Accounts Receivable $ 15,634.00 $ 15,634.00 $ 0.00 $ 2,814.00 $ 2,814.00 $ 0.00 Animal License $ 7,130.00 $ 7,130.00 $ 0.00 $ 1,783.00 $ 1,783.00 $ 0.00 Cashiering $ 28,143.00 $ 28,143.00 $ 0.00 $ 5,066.00 $ 5,066.00 $ 0.00 Central Property File $ 2,429.00 $ 2,429.00 $ 0.00 $ 607.00 $ 607.00 $ 0.00 General Billing $ 9,634.00 $ 9,634.00 $ 0.00 $ 1,734.00 $ 1,734.00 $ 0.00 Utility Billing CIS $ 23,520.00 $ 23,520.00 $ 0.00 $ 4,234.00 $ 4,234.00 $ 0.00 Utility Billing Meter Interface $ 8,089.00 $ 8,089.00 $ 0.00 $ 1,456.00 $ 1,456.00 $ 0.00 Content Management
Content Manager Core $ 26,737.00 $ 0.00 $ 26,737.00 $ 4,813.00 $ 4,813.00 $ 0.00 Additional
Enterprise Forms Processing
(including Common Form Set) $ 13,697.00 $ 0.00 $ 13,697.00 $ 2,739.00 $ 2,739.00 $ 0.00 Integrations
Exhibit A
Schedule 2

11.3 General Business Page 26
2022-312222-T6R9D3 Page 8
Utility Billing API Toolkit $ 10,500.00 $ 0.00 $ 10,500.00 $ 2,100.00 $ 2,100.00 $ 0.00 TOTAL $ 387,983.00 $ 268,486.00 $ 119,497.00 $ 71,559.00 $ 71,559.00 $ 0.00 Tyler Annual Discount Detail (Excludes Optional Products) Description Annual Fee
Annual Fee
Discount Annual Fee Net
Human Resources Management
Payroll with Employee Access $ 9,052.00 $ 4,526.00 $ 4,526.00 Data Insights
Enterprise Analytics and Reporting w Executive Insights $ 26,701.00 $ 4,526.00 $ 22,175.00 Recurring Services
Payroll Tax Table Updates $ 1,000.00 $ 0.00 $ 1,000.00
System Management Services Contract $ 17,890.00 $ 0.00 $ 17,890.00 TOTAL $ 54,643.00 $ 9,052.00 $ 45,591.00
Comments
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.

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

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

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

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

The Implementation Hours included in this quote assume a work split effort of 40% Client and 60% Tyler.

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

Exhibit A
Schedule 2

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

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

Tyler currently supports the following identity providers (IdP's) for use with Tyler back-office solutions: Microsoft Active Directory through Azure AD, ADFS or Okta AD agent, Google Cloud Identity, Okta, and Identity Automation Rapid Identity. Any requirement by you to use an IdP not supported by Tyler will require additional costs, available upon request.

Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 1099INT, 1099S, 1099NEC and 1099G.

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

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

Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.

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

Tyler's form library prices are based on the actual form quantities listed, and assume the forms will be provided according to the standard Enterprise ERP form template. Any forms in addition to the quoted amounts and types, including custom forms or forms that otherwise require custom programming, are subject to an additional fee. Please also note that use of the Tyler Forms functionality requires the use of approved printers as well. You may contact Tyler's support team for the most current list of approved printers. Any forms included in this quote are based on the standard form templates provided. Custom forms, additional forms and any custom programming are subject to additional fees not included in this quote. The additional fees would be quoted at the time of request, generally during the implementation of the forms. Please note that the form solution provided requires the use of approved printers. You may contact Tyler's support team for the most current list of approved printers.

Exhibit A
Schedule 2

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

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

Tyler's System Management Services is calculated at 25% of the Enterprise ERP annual maintenance. There is a $2,500 minimum annual fee.

Systems Management Services are invoiced when you sign this sales quotation and are provided in accordance with the terms of service for Tyler Systems Management found here: https://www.tylertech.com/terms/tyler-systems-management-terms-of-service.

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

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

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

Your acquisition of clocks and/or clock maintenance is subject to the following terms: https://www.tylertech.com/terms/executime-clock-terms.

Exhibit A
Schedule 2

11.3 General Business Page 29
Exhibit B
1 Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

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

1. Tyler Software.

1.1 License Fees: License fees are invoiced as follows: (a) 25% on the Effective Date; (b) 50% when the software is deployed; and(c) 25% by phase, as listed below, on the phase go-live date as indicated in the mutually agreed project plan, with the understanding that your payment for a phase may be delayed if the live date for the applicable phase is changed per mutual agreement:

Phase 1: $14,937.13
Phase 2: $7,468.56
Phase 3: $0
Phase 4: $7,468.56

1.2 Maintenance and Support Fees: Year 1 maintenance and support fees are waived for one (1) year from the Effective Date. Year 2 maintenance and support fees are payable on the first anniversary of the Effective Date, and subsequent maintenance and support fees are invoiced annually in advance of each anniversary thereof. Maintenance and support fees for years 2 and 3 will increase three percent (3%) on an annualized basis; maintenance and support fee increases for years 4 and 5 will be capped at five percent (5%) on an annualized basis. Your fees for each subsequent year (years 6 and on) will be set at our then-current rates. On the first such anniversary, Client shall no longer be required to pay annual support fees for the Migration Modules. Client will continue to receive legacy product support on the Migration Modules until each corresponding Enterprise ERP module go-live. At no time during this Agreement will Client be invoiced any overlap in maintenance and support fees for the Migration Modules and the Tyler Enterprise ERP modules.

1.3 SaaS & Subscription Fees: SaaS (including hosting) fees and subscription fees are invoiced on an annual basis, beginning on the first day of the month immediately following the Effective Date. Your annual SaaS fees and subscription fees for the initial year one term are set forth in the Investment Summary. Annual SaaS fees and subscription fees for years 2 and 3 will increase three percent (3%) on an annualized basis; SaaS Fee increases for years 4 and 5 will be capped at five percent (5%) on an annualized basis. Subsequent annual SaaS fees and subscription fees (years 6 and on) will be at our then-current rates.

11.3 General Business Page 30
Exhibit B
2 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 delivery of the best practice recommendations, by module, and 50% upon delivery 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. As of the Effective Date, there are no Business Process Consulting services in scope.

2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client review and 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 the Maintenance and Support Agreement.

2.5 Other Fixed Price Services: Except as otherwise provided, 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. Fixed price services are those Professional Services that do not have any hours associated with them and instead show a fixed quantity of one (1). As of the Effective Date, “Executive Insights Implementation” and “Install Fee – New Server Install-WIN” are the only fixed price services in scope.

2.6 Systems Management: Systems Management Services are invoiced on the Software Access Date and are provided in accordance with the terms of service for Tyler Systems Management attached as Exhibit H.

2.7 Payroll Tax Table Update Fee: The first year Payroll Tax Table Update Fee for the one-year period commencing on the Software Access Date is waived. Subsequent annual Payroll Tax Table Update fees will be due on the anniversary of the Software Access Date. Annual Payroll Tax Table Update services will renew automatically for additional one-year terms at our then-current Annual Payroll Tax Table Update service fee, unless terminated in writing by either party at least thirty (90) days prior to the end of the then-current term.

11.3 General Business Page 31
Exhibit B
3 2.8 Performance Bond: We will invoice you the fees for the performance bond, set forth in the Investment Summary, within ten (10) days of the Effective Date.

2.9 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.

3. Third Party Products.

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

3.2 Third Party Software Maintenance: The first year maintenance fees for the Third Party Software, if any, is invoiced when we make that Third Party Software available to you for downloading.

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

3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.

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

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

5. Expenses. The service rates in the Investment Summary do not include travel expenses.

Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.

6. Credit for Prepaid Maintenance and Support Fees for Migration Modules. Client will receive a credit for the maintenance and support fees prepaid for the Migration Modules for the time period commencing on the first anniversary of the Effective Date of this Agreement based on straight line daily proration. Migration Modules are listed at Exhibit A, Schedule 1.

Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].

11.3 General Business Page 32
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.

11.3 General Business Page 33
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.

11.3 General Business Page 34
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.

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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.

11.3 General Business Page 36
Exhibit C
1 Exhibit C
Maintenance and Support Agreement
We will provide you with the following maintenance and support services for the Tyler Software.

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

1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the Effective Date, and remains in effect for one (1) year. The term will renew automatically for additional one (1) year terms unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. We will adjust the term to match your first use of the Tyler Software in live production if that event precedes the one (1) year anniversary of the Effective Date.

2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are listed in the Investment Summary, and your payment obligations are set forth in the Invoicing and Payment Policy. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended.

3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent with our then-current Support Call Process:

3.1 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); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void;

3.2 provide support during our established support hours as noted in the Support Call Process (Exhibit C, Schedule 1);

3.3 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;

3.4 provide you with a copy of 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

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

11.3 General Business Page 37
Exhibit C
2 4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Currently, we use a third-party secure unattended connectivity tool called Beyond Trust, as well as LogMeIn Rescue. 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. Any connection utilizing the third-party secure unattended connectivity tool will use twofactor authorization or equivalent best industry practice. 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 a VPN for backup connectivity purposes.

5. Hardware and Other Systems. If you are a self-hosted customer and, in the process of diagnosing a software support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain Third Party Products except as expressly set forth in the Agreement.

In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software:
(a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third-Party Software, if any); and
(c) You will perform daily database backups and verify that those backups are successful.

6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other consulting services; © maintenance and support of an operating system or hardware, unless you are a hosted customer; (f) support outside our normal business hours as listed in our then-current Support Call Process; or (g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates.

You must request those services with at least one (1) weeks’ advance notice.

7. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this Exhibit C as Schedule 1.

8. Support of Migration Modules. Upon the first anniversary of the Effective Date and Client’s timely payment of annual maintenance and support fees for Tyler Evergreen Modules, Client is entitled to

11.3 General Business Page 38
Exhibit C
3 receive, at no additional charge, maintenance and support for the Migration Modules until Tyler makes the Tyler Evergreen Modules available for use in live production.

11.3 General Business Page 39
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

11.3 General Business Page 40
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.

11.3 General Business Page 41
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.

11.3 General Business Page 42
Exhibit D
1 Exhibit D
Third Party Terms

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11.3 General Business Page 43
Exhibit D
Schedule 1
1 Exhibit D
Schedule 1
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Exhibit E
1 Exhibit E
Statement of Work

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Tulare, CA
SOW from Tyler Technologies, Inc.
4/9/2024
Presented to:
411 E Kern Ave
Tulare, CA 93274-4257
Contact:

Richard Boven
Email: [email protected]
One Tyler Drive, Yarmouth, ME 04096
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Table of Contents
PART 1: EXECUTIVE SUMMARY ............................................................................................................... 1 Project Overview ............................................................................................................................. 1 Introduction ........................................................................................................................................ 1 Project Goals ....................................................................................................................................... 1 Methodology ....................................................................................................................................... 1 PART 2: PROJECT FOUNDATION ............................................................................................................. 3 Project Governance ......................................................................................................................... 3 Project Scope Control ...................................................................................................................... 4 Managing Scope and Project Change ................................................................................................. 4 Change Control ................................................................................................................................... 4 Change Request Management ............................................................................................................ 4 Acceptance Process ......................................................................................................................... 6 Roles and Responsibilities ................................................................................................................ 6 Tyler Roles & Responsibilities ............................................................................................................. 6 Tyler Executive Manager ............................................................................................................................. 7 Tyler Implementation Manager .................................................................................................................. 7 Tyler Project Manager ................................................................................................................................. 7 Tyler Implementation Consultant ............................................................................................................... 8 Tyler Sales ................................................................................................................................................... 9 Tyler Technical Services .............................................................................................................................. 9 Tyler Systems Management Services .......................................................................................................... 9 City Roles & Responsibilities ............................................................................................................... 9 City Executive Sponsor ................................................................................................................................ 9 City Steering Committee ........................................................................................................................... 10 City Project Manager ................................................................................................................................ 10 City Functional Leads ................................................................................................................................ 11 City Power Users ....................................................................................................................................... 12 City End Users ........................................................................................................................................... 12 City Technical Lead .................................................................................................................................... 12 City Change Management Lead ................................................................................................................ 13 PART 3: PROJECT PLAN ........................................................................................................................... 14 Project Stages ................................................................................................................................. 14 Initiate and Plan ................................................................................................................................ 15 Initial Coordination ................................................................................................................................... 15 Project/Phase Planning ............................................................................................................................. 16 Exhibit E 11.3 General Business Page 52

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Infrastructure Planning ............................................................................................................................. 17 Stakeholder Meeting................................................................................................................................. 18 Intentionally left blank. ............................................................................................................................. 19 Control Point 1: Initiate & Plan Stage Acceptance .................................................................................... 19 Assess & Define ................................................................................................................................. 19 Solution Orientation ................................................................................................................................. 20 Current & Future State Analysis ................................................................................................................ 20 Data Assessment ....................................................................................................................................... 22 Conversion Assessment ............................................................................................................................ 23 Intentionally left blank. ............................................................................................................................. 24 Intentionally left blank. ............................................................................................................................. 24 Control Point 2: Assess & Define Stage Acceptance ................................................................................. 24 Prepare Solution ............................................................................................................................... 24 Initial System Deployment ........................................................................................................................ 25 Configuration ............................................................................................................................................ 26 Process Refinement .................................................................................................................................. 27 Conversion Delivery .................................................................................................................................. 28 Intentionally left blank. ............................................................................................................................. 30 Intentionally left blank. ............................................................................................................................. 30 Control Point 3: Prepare Solution Stage Acceptance................................................................................ 30 Production Readiness ....................................................................................................................... 31 Solution Validation .................................................................................................................................... 31 Go-Live Readiness ..................................................................................................................................... 32 End User Training ...................................................................................................................................... 33 Control Point 4: Production Readiness Stage Acceptance ........................................................................ 34 Production ......................................................................................................................................... 34 Go-Live ...................................................................................................................................................... 34 Transition to Client Services ...................................................................................................................... 36 Post Go-Live Activities ............................................................................................................................... 37 Control Point 5: Production Stage Acceptance ......................................................................................... 38 Close .................................................................................................................................................. 38 Phase Closeout .......................................................................................................................................... 38 Project Closeout ........................................................................................................................................ 39 Control Point 6: Close Stage Acceptance .................................................................................................. 40 General Assumptions ...................................................................................................................... 41 Project ............................................................................................................................................... 41 Organizational Change Management ............................................................................................... 41 Resources and Scheduling ................................................................................................................ 42 Data ................................................................................................................................................... 42 Facilities............................................................................................................................................. 43 Glossary ......................................................................................................................................... 44 PART 4: APPENDICES ............................................................................................................................... 47 Exhibit E 11.3 General Business Page 53

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Conversion ..................................................................................................................................... 47 Enterprise ERP Conversion Summary ............................................................................................... 47 Accounting COA ........................................................................................................................................ 47 Accounting - Actuals ................................................................................................................................. 47 Accounting - Budgets ................................................................................................................................ 47 Accounts Payable Master .......................................................................................................................... 47 Accounts Payable - Checks ........................................................................................................................ 47 Accounts Payable - Invoices ...................................................................................................................... 47 General Billing CID..................................................................................................................................... 47 General Billing – Recurring Invoices .......................................................................................................... 48 General Billing – Bills ................................................................................................................................. 48 Payroll ....................................................................................................................................................... 48 Payroll – State Retirement Tables ............................................................................................................. 48 Payroll - Deductions .................................................................................................................................. 48 Payroll – Accumulators ............................................................................................................................. 48 Payroll – Check History ............................................................................................................................. 48 Payroll – Accrual Balances ........................................................................................................................ 48 Payroll – Earning/Deduction Hist. ............................................................................................................. 48 Payroll – PM Action History ...................................................................................................................... 49 Payroll – Position Control .......................................................................................................................... 49 Payroll – Certifications .............................................................................................................................. 49 Payroll – Education ................................................................................................................................... 49 Project Grant Accounting .......................................................................................................................... 49 Project Grant Accounting - Actuals ........................................................................................................... 49 Project Grant Accounting – Budget .......................................................................................................... 49 Purchase Orders ........................................................................................................................................ 49 Utility Billing .............................................................................................................................................. 49 Utility Billing –Backflow ............................................................................................................................ 49 Utility Billing –Balance Forward AR ........................................................................................................... 50 Utility Billing –Budget Billing ..................................................................................................................... 50 Utility Billing –Consumption History ......................................................................................................... 50 Utility Billing –Flat Inventory/Containers .................................................................................................. 50 Utility Billing –Services .............................................................................................................................. 50 Utility Billing – Work Orders ..................................................................................................................... 50 Animal License Master .............................................................................................................................. 50 Animal License - Bills ................................................................................................................................. 50 Additional Appendices ................................................................................................................ 51 Intentionally left blank. ..................................................................................................................... 51 Project Timeline .......................................................................................................................... 52 ERP Project Timeline ......................................................................................................................... 52 Intentionally left blank. ..................................................................................................................... 52

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Part 1: Executive Summary
Project Overview
Introduction
Tyler Technologies (“Tyler”) is the largest and most established provider of integrated software and technology services focused solely on the public sector. Tyler’s end-to-end solutions empower public sector entities including local, state, provincial and federal government, to operate more efficiently and connect more transparently with their constituents and with each other. By connecting data and processes across disparate systems, Tyler’s solutions transform how clients gain actionable insights that solve problems in their communities.

Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, and roles and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler and the City (collectively the “Project”).

The overall goals of the project are to:
 Successfully implement the contracted scope on time and on budget  Increase operational efficiencies and empower users to be more productive  Improve accessibility and responsiveness to external and internal customer needs  Overcome current challenges and meet future goals

Methodology
This is accomplished by the City and Tyler working as a partnership and Tyler utilizing its depth of implementation experience. While each Project is unique, all will follow Tyler’s six-stage methodology. Each of the six stages is comprised of multiple work packages, and each work package includes a narrative description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.

Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the City’s complexity and organizational needs.

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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.

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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 ten (10) 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 ten (10) 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 ten (10) 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 five (5) 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 five (5) 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.

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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.

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 Collaborates with the City project manager(s) to plan and schedule Project timelines to achieve ontime implementation.

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.
 Provides Status Reports which include completed tasks, overdue tasks, upcoming tasks, and issues. Additionally provides a detailed project phase budget reconciliation. Reports will be posted to the project Portal site at least one business day prior to the status meeting for which it applies for City review  Conducts periodic Status Calls with City Project Manager. Status Calls will occur every two weeks until 60 days prior to go live and then will occur every week. Status Reports will be delivered within 24 hours of each Status Call.
 Posts session agendas to the project portal not less than two weeks prior the session delivery date.

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.  Deliver calendar invitations at least ten (10) business days prior to before each scheduled session  For every onsite/remote session Tyler will deliver a site report including a summary of covered topics, agenda items not covered, session attendees, assigned homework, decisions made, new or relevant issues and support tickets summaries including ticket number. Site report will be posted to the project Portal within one week of the conclusion of the session.

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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.

Tyler Systems Management Services
 Manages incoming City issues via phone, email, online customer incident portal, and from Client Services.
 Provides system support including remote support for City systems, operating systems, peripheral hardware, and SQL assistance for the systems and platform directly attributable to the Tyler applications.
 Tracks issues for timely and effective resolution.
 Determines root cause and provides solutions or direction/escalation to Tyler Development.  Consults on pre-sales regarding system requirements.
 Troubleshoots server and workstation issues.
 Migrates Tyler applications and databases to new hardware.  Maintains systems and provide database and server administration.  Provides proactive monitoring of Tyler application and/or database server(s).  Performs server transfers, database analysis, file system cleanup, and backup verification.  Assists with database refreshes, LDAP synchronization, and loading releases.

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.

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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 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.

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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.
 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.

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 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.  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.

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 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.

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

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

INITIATE & PLAN

PRODUCTION

READINESS PREPARE SOLUTION
ASSESS & DEFINE 1 2 3 4 5 PRODUCTION 6 CLOSE

1.1 Initial
Coordinatio
n 1.4 Stakeholder
Planning

1.3 Infrastructure
Planning

1.2 Project/Phase
Planning

1.5 GIS
Planning

2.5 Data
Assessment*

2.1 Solution
Orientation

2.4 Modification
Analysis*

2.3 Conversion
Assessment*

2.2 Current &
Future State
Analysis

3.5 Modification
Delivery*

3.1 Initial
System
Deployment

3.4 Conversion
Delivery*

3.3 Process
Refinement

3.2 Configuration

3.6 Data
Delivery*

4.1 Solution
Validation

4.3 End User
Training

4.2 Go Live
Readiness

5.1 Go Live

5.3 Post Go Live
Activities

5.2 Transition to
Client Services

6.1 Phase
Close Out

6.2 Project Close
Out
Exhibit E 11.3 General Business Page 68

Tulare, CA
Tyler Technologies, Inc. Page | 15
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
Exhibit E 11.3 General Business Page 69

Tulare, CA
Tyler Technologies, Inc. Page | 16
Inputs Contract documents
Statement of Work
Outputs/Deliverables Working initial project documents
Dates for Project and Phase Planning session
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:

A R I C C I
Exhibit E 11.3 General Business Page 70

Tulare, CA
Tyler Technologies, Inc. Page | 17
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 Mutual Acceptance of customized document for the scope of the project
Project Operational Plan Mutual Acceptance of customized document for the scope of the project
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:

A R C C I I
Exhibit E 11.3 General Business Page 71

Tulare, CA
Tyler Technologies, Inc. Page | 18
Initial Infrastructure
Meeting A R C C C C
Schedule Installation of
All Licensed Software A R C I I
Infrastructure Audit A R C I C
Inputs 1. Initial Infrastructure Requirements and Design Document Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables

1. Completed Infrastructure Requirements
and Design Document
Mutual Acceptance of customized Document
including:

Specific Detailed requirements for the existing
scope of the project.

2. Infrastructure Audit Mutual Agreement System Passes Audit Criteria.

The audit consists of the Deployment team
reviewing what was installed on each server,
providing URLs and a detailed Site Report. Backup
procedures and Tyler Deploy training also occurs.

Work package assumptions:
 The City will maintain environment (or virtual environment) for On-Premise deployments.

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:

Tulare, CA
Tyler Technologies, Inc. Page | 19
Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
Inputs Agreement
SOW
Project Management Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Stakeholder Meeting Presentation Minutes form Stakeholder meeting including attendee listing
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.

Exhibit E 11.3 General Business Page 73

Tulare, CA
Tyler Technologies, Inc. Page | 20
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution functionality prior to beginning the current and future state analysis. The primary goal is to establish a foundation for upcoming conversations regarding the design and configuration of the solution.

Tyler utilizes a variety of tools for the Solution Orientation, focusing on City team knowledge transfer such as:
eLearning, documentation, or walkthroughs. The City team will gain a better understanding of the major processes and focus on data flow, the connection between configuration options and outcome, integration, and terminology that may be unique to Tyler’s solution.

Objectives:
 Provide a basic understanding of system functionality.  Prepare the City for current and future state analysis.

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
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Solution Orientation Complete Mutual Agreement on sufficient Current State Documentation required for next step

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 Exhibit E 11.3 General Business Page 74

Tulare, CA
Tyler Technologies, Inc. Page | 21
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
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.

Mutual Acceptance of document
Work package assumptions:

Exhibit E 11.3 General Business Page 75

Tulare, CA
Tyler Technologies, Inc. Page | 22
 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.

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

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

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

STAGE 2 Data Conversion Assessment
Tyler 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
Complete Data
Analysis/Mapping A R C C I C C I
Review and Scrub Source
Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs City Source data
City Source data Documentation (if available)
Exhibit E 11.3 General Business Page 76

Tulare, CA
Tyler Technologies, Inc. Page | 23
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated (if
applicable}
City Acceptance of Data Conversion Plan, if
Applicable
City acceptance of Solution Design
Document
Work package assumptions:
 If the source data is a Tyler system Tyler's Conversion Engineers extract and map the data into the standard Munis conversion format. If the source data is from a third-party the client will provide Tyler with the data in a mutually agreed upon format.
 Tyler will work with the City representatives to identify business rules before writing the conversion.  City subject matter experts and resources most familiar with the current data will be involved in the data conversion planning effort.

Conversion Assessment
Data Conversions are a major effort in any software implementation. Tyler’s conversion tools facilitate the predictable, repeatable conversion process that is necessary to support a successful transition to the Tyler system. The first step in this process is to perform an assessment of the existing (“legacy”) system(s), to better understand the source data, risks, and options available. Once the data has been analyzed, the plan for data conversion is completed and communicated to the appropriate stakeholders.

Objectives:
 Communicate a common understanding of the project goals with respect to data.  Ensure complete and accurate source data is available for review/transfer.  If source data is a Tyler legacy system, Tyler will perform the data mappings. If source data is from a third-party, client is responsible for mapping the data from the source to the Tyler system.  Document the data conversion/loading approach.

STAGE 2 Data Conversion Assessment
Tyler City
RACI MATRIX KEY:

Tulare, CA
Tyler Technologies, Inc. Page | 24
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.

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.

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.

Exhibit E 11.3 General Business Page 78

Tulare, CA
Tyler Technologies, Inc. Page | 25
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:

I C A R
Install Licensed
Software with Initial
Database on Server(s)
for Included
Environments

A R I C
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 Exhibit E 11.3 General Business Page 79

Tulare, CA
Tyler Technologies, Inc. Page | 26
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
RACI MATRIX KEY:

Tulare, CA
Tyler Technologies, Inc. Page | 27
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 Mutual agreement system is configured properly to meet city of Tulare needs
Work package assumptions:
 Tyler provides guidance for configuration options available within the Tyler software. The City is responsible for making decisions when multiple options are available.

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

Objectives:
 Ensure that the City understands future state processes and how to execute the processes in the software.
 Refine each process to meet the business requirements.  Validate standard interfaces, where applicable.
 Validate forms and reports, where applicable.

STAGE 3 Process Refinement
Tyler City
Exhibit E 11.3 General Business Page 81

Tulare, CA
Tyler Technologies, Inc. Page | 28
RACI MATRIX KEY:

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 Mutual Acceptance Completed City-specific process
documentation (completed by City)
Mutual Acceptance
Work package assumptions:
 None
Conversion Delivery
The purpose of this task is to transition the City’s data from their source (“legacy”) system(s) to the Tyler system(s). The data will need to be mapped from the legacy system into the new Tyler system format. A wellexecuted data conversion is key to a successful cutover to the new system(s).

Exhibit E 11.3 General Business Page 82

Tulare, CA
Tyler Technologies, Inc. Page | 29
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:

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

I C C A R C
Iterations:

Conversion
Development

A C R I I
Exhibit E 11.3 General Business Page 83

Tulare, CA
Tyler Technologies, Inc. Page | 30
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
Provide
conversion
verification
documents to
verify
conversion data.

R I 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. Accepted.

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.

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.
 Provide standard solution validation plan
Exhibit E 11.3 General Business Page 84

Tulare, CA
Tyler Technologies, Inc. Page | 31
Prepare Solution Stage Acceptance Criteria:
 All stage deliverables accepted based on criteria previously defined.  Software is configured.
 Solution validation test plan has been reviewed and updated if needed. Accepted.  Conversion complete, verified, and ready for final pass 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.) Exhibit E 11.3 General Business Page 85

Tulare, CA
Tyler Technologies, Inc. Page | 32
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Solution Validation Report Acceptance of Validation Report.

City updates validation report with testing
results.

Work package assumptions:
 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
Exhibit E 11.3 General Business Page 86

Tulare, CA
Tyler Technologies, Inc. Page | 33
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 Acceptance of Updated Action plan and Checklist for go-live delivered to the City
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.

Train the Trainer: Tyler provides one occurrence of each scheduled training or implementation topic. City users who attended the Tyler sessions may train additional users. Additional Tyler led sessions may be contracted at the applicable rates for training.

Tyler will provide standard application documentation for the general use of the software. It is not Tyler’s responsibility to develop City specific business process documentation. City-led training labs using City specific business process documentation if created by the City can be added to the regular training curriculum, enhancing the training experiences of the end users.

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

STAGE 4 End User Training
Tyler City
RACI MATRIX KEY:

Tulare, CA
Tyler Technologies, Inc. Page | 34
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:
 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.
 Issues identified in the solution validation plan have been addressed.

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.

Exhibit E 11.3 General Business Page 88

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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.
 City data available in Production environment.

STAGE 5 Go-Live
Tyler City
RACI MATRIX KEY:

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
Agreement Production Environment appears
to meet business needs
Exhibit E 11.3 General Business Page 89

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Work package assumptions:
 The City will complete activities documented in the action plan for Go-Live as scheduled.  External stakeholders will be available to assist in supporting the interfaces associated with the GoLive live process.  The City business processes required for Go-Live are fully documented and tested.  The City Project team and subject matter experts are the primary point of contact for the end users when reporting issues during Go-Live.
 The City Project Team and Power User’s provide business process context to the end users during GoLive.  The Tyler Go-Live support team is available to consult with the City teams as necessary.  The Tyler Go-Live support team provides standard functionality responses, which may not be tailored to the local business processes.

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:

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
Exhibit E 11.3 General Business Page 90

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Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Client Services Support Document . The implementation team will remain engaged with critical processes that have
reoccurring issues until the City has achieved
a stable state with Enterprise ERP.

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:
 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:

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
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Updated issues log Mutual Agreement that post
Go-Live activities are
complete.

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

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

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

Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or Project. 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:

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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
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Final action plan with task list of outstanding
items and proposed remediation for each.

Mutual Acceptance
Reconciliation Report Mutual Acceptance
Post Phase Review Mutual Acceptance
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
Exhibit E 11.3 General Business Page 93

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RACI MATRIX KEY:

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
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.
 Final Action Plan, Reconciliation Report and Post Phase Review deliverables completed for prior phases.

Close Stage Acceptance Criteria:
 Completed report indicating all Project deliverables and milestones have been completed.

Exhibit E 11.3 General Business Page 94

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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 and Tyler will complete their necessary assignments in a mutually agreed upon timeframe to meet the scheduled go-live date, as outlined in the Project Schedule.  The City of Tulare and Tyler will have assigned resources with the required business knowledge to complete the assigned tasks successfully. Should there be a change in resources, the replacement will have a comparable level of knowledge and experience.
 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.
 The City is responsible for defining, documenting, and implementing their policies that result from any business process changes.
 Upon request, Tyler will provide project resumes, demonstrating relevant past project experience specifically in the role and for the Tyler Software and services for which they are assigned, for project team members that are on the project. You agree that those resumes are for your information and planning purposes only.  Once Tyler's project team is assembled and the city's counterparts have been identified, both parties agree that, except for reasons outside of their control, they will not remove staff and personnel from their assigned project roles without reasonable advance notice and good cause, and that they will work together to mitigate project impacts after any such removal. The parties will also work together to manage the project impact resulting from the temporary unavailability of project staff from either party. We agree to use commercially reasonable efforts to maintain consistency of project personnel and commit to replacement resources having sufficient project knowledge, without additional cost to you, in order to render services in accordance with contractual requirements.
 Upon request, Tyler will provide project resumes, demonstrating relevant past project experience specifically in the role and for the Tyler Software and services for which they are assigned, for project team members that are on the project. You agree that those resumes are for your information and planning purposes only.

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 Exhibit E 11.3 General Business Page 95

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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.
 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.)
Exhibit E 11.3 General Business Page 96

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 Tyler will install the most current generally available version of licensed Tyler software. There will be four environments for each phase that will be made available to the City of Tulare for each module:

Production, Testing, Training and Impl.

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.

Exhibit E 11.3 General Business Page 97

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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.

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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.

Exhibit E 11.3 General Business Page 100

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Part 4: Appendices
Conversion
See Data Assessment (6.2.3), Conversion Assessment (6.2.4) and Conversion Delivery (6.3.4) sections for additional details on the conversion process.

Enterprise ERP Conversion Summary
Accounting COA
 Chart of Accounts segments, objects, character codes, project codes (if applicable), organization codes (if applicable), control accounts budget rollups, fund attributes, due to/due from accounts  Requires the use of a Tyler provided spreadsheet for design and entry of the data to be converted Accounting - Actuals
 Summary account balances per GL account posted on the last day of the fiscal year. The detailed journals and transactions that are posted throughout the fiscal year is not included.  Up to 3 years
Accounting - Budgets
 Original budget, budget adjustments, revised budget summaries for accounts  Up to 3 years
Accounts Payable Master
 Vendor Master file including names, addresses, SSN/FID, contacts, phone numbers  Multiple remittance addresses
 Year-to-date 1099 amounts
Accounts Payable - Checks
 Check header data including vendor, warrant, check number, check date, overall check amount, GL cash account and clearing information
 Check detail data including related document and invoice numbers for each check  Up to 5 years
Accounts Payable - Invoices
 Invoice header data containing general information for the invoice  Invoice detail data containing line-specific information for the invoice  Up to 5 years
General Billing CID
 Customer information
Exhibit E 11.3 General Business Page 101

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General Billing – Recurring Invoices
 General Billing Invoices that are sent on a regular basis  Header records with general information about the invoice  Detail records with line-specific information
General Billing – Bills
 5 years of open and closed invoices
 General Ledger information so open invoices can be processed in Enterprise ERP Payroll
 Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), eaddress, marital status, gender, race, personnel status (such as full-time, part-time, etc.), highest degree, advice-delivery (print/email/both) and check location, plus primary group, job, location, and account information
Payroll – State Retirement Tables
 Specific state-required data, plus related service years information, when appropriate  Needed for some states
Payroll - Deductions
 Employee Deductions - including employee ID, deduction codes, tax information, and direct deposit information
Payroll – Accumulators
 YTD, QTD, MTD amounts for employee pay and deductions  Needed for mid-calendar-year go-live
 May not be needed if converting earnings/deductions history  Up to 5 years
Payroll – Check History
 Up to 5 years, additional years must be quoted. We convert amounts for earnings and deductions in employee check history, check number and date.

Payroll – Accrual Balances
 Employee Accrual Balances including Vacation, Holiday, and other Leave balances  Start of year balance, earned to date, used to date
Payroll – Earning/Deduction Hist.
 Up to 5 years, additional years must be quoted. Earning and deduction history broken down my individual codes (earnings and deduction) and amounts per pay period, the detail of these lines, sums the check history in opt 4.

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Payroll – PM Action History
 A variety of Personnel actions, such as job or salary changes and dates these events occurred.  Up to 5 years
Payroll – Position Control
 Position, description, status, job code, bargaining group, location, number of employees allowed for each, FTE percentage, GL account, and max/min grade and step Payroll – Certifications
 Certification area and certification type codes, certification number and effective date, expiration date, and required-by date, codes for certification level and subjects Payroll – Education
 Codes, for institution, type of degree, and area(s) of study Project Grant Accounting
 Segments, account strings and fund string allocation table  Requires the use of a Tyler provided (Chart of Accounts) spreadsheet for design and entry of the data to be converted
Project Grant Accounting - Actuals
 Summary project ledger string balances. If linking to GL, must be converted at the same time.  Up to 3 years
Project Grant Accounting – Budget
 Original project ledger budget amounts. If linking to GL, must be converted at the same time.  Up to 3 years
Purchase Orders
 Open purchase orders header data including vendor, buyer, date, accounting information, etc.  Open purchase orders detail data including line item descriptions, quantities, amounts, etc.

Utility Billing
 Account Master data including previous and current customer owner information- address info, phone, fax, SSN number, FID number, account status, parcel number, location street, apartment, city, state, zip, book number, read sequence, account start and end date, EFT bank information Utility Billing –Backflow
 Account information, backflow device information, backflow type, and backflow violations Exhibit E 11.3 General Business Page 103

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Utility Billing –Balance Forward AR
 Account balance forward information converted as total amount due. If the City’s business practices require current due and past due bills this can be broken into three balance forward bills (current balance due and up to two past due balance bills). These can be converted to one balance forward charge code or separate balance forward charge codes and converted to the account/customer if the City’s legacy data contains this information.
 If late penalties will be applied in Enterprise ERP after the conversion, balance forward amounts must be converted by charge code
Utility Billing –Budget Billing
 Converts information for budget average billing by account, customer and service. Legacy data must include calculated budget amount by service; number of periods remaining until plan renews; budget plan balance/credit amount, broken out by service/customer; additional amortized amount by service.

Utility Billing –Consumption History
 History of meter readings, usage, read dates, usage days, bill amounts, bill dates, read codes  Up to 10 years
Utility Billing –Flat Inventory/Containers
 Inventory for non-metered items tied to recurring service billing – flat rate is tied to inventory item(s)/item type(s) (vs consumption/usage). Trash/recycling containers, dumpsters, roll off containers, light poles, cable/internet equipment.

Utility Billing –Services
 Current service codes, service status, type, factor, condo units, bill cycle codes, , current deposits held on account including unpaid deposit amounts, winter usage, current meter(s) associated with service, meter readings( current and previous), meter usage (current and previous) and sales tax information.

Utility Billing – Work Orders
 Work Orders data associated with accounts, including meter repairs, checks for leaky meter, reread a meter due to high reading
Animal License Master
 Animal, name, breed, color, rabies date, registration fee, paid amount Animal License - Bills
 Animal license billing information
Exhibit E 11.3 General Business Page 104

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Additional Appendices
Intentionally left blank.

Exhibit E 11.3 General Business Page 105

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Project Timeline
ERP Project Timeline
The Project Timeline establishes a target duration for each phase of the project. The timeline needs to account for resource availability, business goals, size and complexity of the project, and task duration requirements. These will be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to the Project Stages section of this SOW for information on work packages associated with each stage of the implementation. Durations may be revised when the Agreement is signed and further refined during the project.

Eden to Enterprise ERP project start dates are dependent on wave availability. Waves are a common implementation start month for a group of Eden clients. Each wave has a designated number of slots available for clients to sign up – once those slots are full you must choose an alternate wave with availability.

A signed agreement is required to reserve your spot in a specific wave.

Phase Functional Areas Software Modules Duration
1 Enterprise ERP Financials

 Accounting
 Accounts Payable
 Budgeting
 Cash Management
 Project & Grant Accounting
 Purchasing
 Accounts Receivable
 Cashiering
 General Billing
12 months
Enterprise ERP Productivity  Enterprise Forms Processing  Content Manager Core
 Enterprise Analytics and Reporting
w Executive Insights
Included in Phase 1
2 Enterprise ERP Human Resources Management

 Payroll with Employee Access
 Human Resources & Talent
Management
 Time & Attendance
 Time & Attendance Mobile
12 months
3 Enterprise Animal Licensing  Animal Licensing 9 months 4 Enterprise ERP Utility Billing  Utility Billing CIS
 Utility Billing Meter Interface
 Central Property File
12 months
Intentionally left blank.

Exhibit E 11.3 General Business Page 106
Exhibit F
2 Exhibit F
SaaS Services Terms and Conditions
Tyler SaaS Services (also referred to as Hosting Services) for the Tyler Software will be provided subject to the following terms and conditions.

SECTION A – DEFINITIONS
 “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.
 “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 Amendment Investment Summary. If the Amendment Investment Summary 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 Amendment Investment Summary.  “Hosting Fees” means the fees for the SaaS Services identified in the Amendment Investment Summary. Hosting Fees may also be referred to as SaaS Fees.  “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 may also be referred to as Hosting Services. 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 Schedule 1.
 “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Amendment Investment Summary.

SECTION B – SAAS SERVICES APPLICABLE TO TYLER SOFTWARE

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 Exhibit C of the Agreement. The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject

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Exhibit F
3 to the terms and conditions of this Agreement including, without limitation, Section B(1). We will make any such software available to you for download.

2. Hosting Fees. You agree to pay us the annual Hosting Fees. Those amounts are payable as set forth in the Amendment attached hereto. The Hosting 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 I(1) of the Agreement. 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). Prior to any increase in charges pursuant to this Section, Tyler will provide you notice of such excess(es) and reasonably cooperate with you to identify opportunities for managing user and Data Storage Capacity limits so as to not incur additional charges.

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.

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. SaaS Services.

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

5.2.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. In any event, any third-party data center will have the same or better security requirements as set forth in this Section B(5).

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Exhibit F
4 5.3.Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 1 hour and a Recovery Time Objective (“RTO”) of 24 hours.

RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.

5.4.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.

5.5.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.

5.6.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.

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

5.8.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.

5.9. Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance, and in the event of any change in our status, will comply with applicable notice requirements.

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Exhibit F
5 5.10.Notice of Data Breach. In the event of any confirmed breach of your Data, Tyler will follow the California Data Breach Notification law, and any other applicable state or federal law.

SECTION C – SAAS TERM AND TERMINATION of SAAS SERVICES

1. Term. The term for Tyler SaaS Services is equal to the number of years indicated for SaaS Services in the Investment Summary, commencing on the first day of the first month following the Effective Date, unless earlier terminated as set forth in the Agreement. If no duration is indicated in the Investment Summary, the initial term is one (1) year. Upon expiration of the initial term, the term will renew automatically for additional one (1) year renewal terms at our then-current Hosting Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the thencurrent renewal term. Your right to access or use the SaaS Services will terminate at the end of the term for SaaS Services.

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

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Exhibit F
Schedule 1
6 Exhibit F
Schedule 1

SERVICE LEVEL AGREEMENT
For SaaS
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

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Exhibit F
Schedule 1
7 Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned 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

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Exhibit F
Schedule 1
8 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 G
1 Exhibit G
Data & Insights Services Terms of Service
Last Updated: April 4, 2022
This Data & Insights SaaS Services Terms of Services governs your use of the following solutions:

Assessment Connect
Open Assessment
Enterprise Permitting & Licensing Business Management Feeds Enterprise Permitting & Licensing Community Development Feeds Data & Insights- Enterprise Permitting & Licensing Executive Insights (Comm Dev) Data & Insights Citizen Connect
Economic Intelligence
Enterprise ERP Analytics & Reporting w Executive Insights Data & Insights Capital Project Explorer
Data & Insights Citizen Connect
Data & Insights Open Data
Data & Insights Open Finance
Economic Intelligence
Executive Insights, ERP
Court Insights
eFile Insights
Probation/Pre-Trial Insights
Open Finance
Executive Insights (Future)
Economic Intelligence
Law Enforcement Explorer
Citizen Connect
Law Enforcement Analytics
Performance Dashboards
WHEREAS, Tyler has designed, developed, purchased or configured certain computer software systems which Tyler has designated as Data & Insights SaaS Services and has used such software in support of commercial and government programs; and

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Exhibit G
2 WHEREAS, Client desires to acquire from Tyler and Tyler wishes to grant to Client a non-exclusive license to use the Data & Insights SaaS Services as further defined, permitted, conditioned, and restricted below.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, and in consideration of covenants and obligations hereinafter set forth, the Parties agree to be bound by the terms and conditions as follows:

These Data & Insights SaaS Services Terms of Service govern the use and license rights associated with the Data & Insights SaaS Services. The parties are referred to herein individually as Party or collectively as Parties. Capitalized terms used in these Data & Insights SaaS Services Terms of Service but not defined herein are defined in the Base Agreement or other agreement with us governing your use of the Tyler software and services.

SECTION A – DEFINITIONS
 “Base Agreement” means the agreement executed by you and Tyler to which you are adding Data & Insights SaaS Services through signature upon an Order Form. For the avoidance of doubt, a Base Agreement is not an agreement signed by an entity Tyler acquired.
 “API” means application-programming interface.
 “Client Data” means data, datasets, files, information, content and links uploaded or provided by Client through the use of the Data & Insights SaaS Services but excluding Third-Party Services.
 “Confidential Information” means 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.
 “Dataset” means physical collection of information, typically modeled as a table of rows and columns of data.
 “Data Storage” means the contracted amount of storage capacity for your Client Data.  “Effective Date” means the date subscription start date identified in the Order Form or Purchase Order.
 “External API Calls” means any request made by a user that is not logged in against a SaaS Service.
 “Monthly Active Users” or “Users” used interchangeably, means a user that is logged in and accesses the Data & Insights SaaS Services.
 “Order Form” or “Purchase Order” means an ordering document, referencing or including a Quote or Investment Summary, specifying the Data & Insights SaaS Services and any Professional Services to be provided hereunder that is entered into between Client and Tyler, including any addenda and supplements thereto.  "Quote" or “Investment Summary” means an estimate provided by Tyler for the SaaS Services or Professional Services.
 “Data & Insights SaaS Services” means the Data & Insights off the shelf, cloud-based software service and related services, including support services, as specified under this

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Exhibit G
3 Data & Insights SaaS Services Terms of Service. Data & Insights 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.  “Data & Insights Agreement” means this Data & Insights SaaS Services Terms of Service and any special conditions agreed to by the Parties and included in the Order Form.  “Third-Party Data” means an aggregated dataset solution by a third-party data provider and shall be treated as Confidential Information.
 “Third-Party Data Purpose” means to use the Third-Party Data alone or in conjunction with other intelligence, data, or logic for internal modeling, targeting, measurement, and internal reporting solely for the benefit of the Client.  “Third-Party Services” means if any, third-party web-based services, content, or platforms, including but not limited to third party stock photos and third-party map location services, which are available at no additional charge to you through the Data & Insights SaaS Services.
 “Updates” means any enhancements, additions, new releases, bug fixes, patches, modifications or other error corrections of or to the SaaS Software or Third-Party Data licensed to Client that Tyler generally makes available free of charge to licensees of the solutions.
 “we”, “us”, “our” and similar terms mean Tyler.
 “you” and similar terms mean Client.

SECTION B – DATA & INSIGHTS SAAS SERVICES

1. Rights Granted. As of the Effective Date, Tyler grants to Client the non-exclusive, non-assignable limited right to use the SaaS Services on a subscription basis according to the terms of the Base Agreement and this Data & Insights Agreement. The SaaS Services will be made available to Client according to the terms of the applicable Service Level Agreement. Client may use the SaaS Services to access Updates and enhancements to the SaaS Services, as described in herein. Unless otherwise terminated, Client’s right to access or use the SaaS Services will terminate at the end of the subscription period defined in the Order Form or Base Agreement, as applicable.

2. SaaS Fees and Usage Limits. Client agrees to pay the fees identified in the Order Form in accordance with Tyler’s Invoicing and Payment Policy. Client acknowledges that continued access to the Data & Insights SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue your access to the Data & Insights SaaS Services. We may also terminate this Data & Insights Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate. During the subscription period, Tyler reserves the right to exercise the usage limits set forth in the Order Form. If Client exceeds the contractual usage limits, Tyler may work with Client to seek to reduce Client’s usage so that it conforms to that limit. If Client is unable or unwilling to abide by a contractual usage limit, or if Client wishes to increase usage limits, it will require a written contract amendment, modification, or Client will execute an Order Form for increased usage limits.

3. Ownership and Reservation of Rights.
a. This Data & Insights Agreement does not provide Client with title or ownership of the Data & Insights SaaS Services, or Third-Party Data, but only a right of limited use as further delineated herein. The SaaS Services, other services, workflow processes, user interface, designs, and other

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Exhibit G
4 technologies provided by Tyler pursuant to this Data & Insights Agreement are the proprietary property of Tyler and its licensors. All right, title and interest in and to such items, including all associated intellectual property rights, remain only with Tyler. Tyler reserves all rights unless otherwise expressly granted in this Data & Insights Agreement. Client may not remove or modify any proprietary marking or restrictive legends from items or services provided under this Agreement. Third-Party Data vendors also retain ownership, title and all rights and interest, including, without limitation, Intellectual Property Rights in and to their own respective software, data, and documentation.
b. When Client uploads or provides Client Data through the use of the Data & Insights SaaS Services, Client grants to Tyler a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license during the subscription period to use, reproduce, publicly display, distribute, modify, create derivative works of, index, and translate the Client Data as needed in response to, and as directed by, a User’s use of the Data & Insights SaaS Services and as needed for the compliance of this Data & Insights Agreement and for the purpose of providing analytics to a User.
c. Tyler may access and develop derivative data assets and insights based on combined, aggregated, anonymized views of Client Data, that Client has not made publicly available, for the purposes of providing new features and functionality, and performing aggregated statistical analysis by providing benchmarks and models.
d. Client retains all ownership and intellectual property rights to the Client Data. Client expressly recognizes that except to the extent necessary to carry out our obligations contained in this Data & Insights Agreement, Tyler does not create or endorse any data used in connection with the Data & Insights SaaS Services.
e. If Client provides feedback, information, and/or suggestions about the Data & Insights SaaS Services, or any other services provided hereunder, then Tyler (and those it allows to use its technology) may use such feedback, information, and/or suggestions under a royalty-free, paidup, and irrevocable license without obligation to Client. Tyler will not use any Client feedback for marketing purposes without obtaining prior written approval from Client.

4. Restrictions.
a. You may not (a) except as explicitly provided for herein, make the Data & Insights SaaS Services or Documentation resulting from the Data & Insights 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 Data & Insights SaaS Services; (c) access or use the Data & Insights SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; (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 Data & Insights SaaS Services or Documentation available to any third party other than as expressly permitted by this Data & Insights Agreement; (e) use the Data & Insights SaaS Services to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third party rights; (f) interfere with or disrupt the integrity or performance of the Data & Insights SaaS Services (including without limitation, vulnerability scanning, penetration testing or other manual or automated simulations of adversarial actions, without Tyler’s prior written consent); or (g) attempt to gain unauthorized access to the Data & Insights SaaS Services or its related systems

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Exhibit G
5 or networks.
b. Client acknowledges and understands that the Data & Insights SaaS Services are not designed to serve as the system of record and shall not be used in a manner where the interruption of the Data & Insights SaaS Services could cause personal injury (including death) or property damage.

The Data & Insights SaaS Services are not designed to process or store data protected under the Family Education Rights and Privacy Act (“FERPA”), data from Criminal Justice Information Services (“CJIS”), or other sensitive data, and by using the Data & Insights SaaS Services, Client acknowledges and agrees that Client is using the Data & Insights SaaS Services at Client’s own risk and that Client is solely responsible for use of data with the Data & Insights SaaS Services in any manner that is contrary to the uses for which the Data & Insights SaaS Services are designed and offered for use in this Agreement. If Client intends to use the Data & Insights SaaS Services to store or transmit Protected Health Information (PHI), then the Parties will scope the additional usage and it will require a written contract amendment and will include a mutually agreeable Business Associate Agreement.
c. Although we have no obligation to screen, edit or monitor the Client Data or Public User content posted on Data & Insights SaaS Services, if, in our reasonable judgment, we discover your use of the Data & Insights SaaS Services threatens the security, integrity, stability, or availability of the Data & Insights SaaS Services, or is otherwise in violation of this Data & Insights Agreement, we may temporarily suspend the Data & Insights SaaS Services, or User access thereto. Unless Client has conducted penetration testing or unscheduled performance testing, Tyler will use commercially reasonable efforts to provide Client with notice and an opportunity to remedy such violation or threat prior to such suspension. Any penetration testing or unscheduled performance testing conducted by Client will result in immediate suspension of the Data & Insights SaaS Services.

5. Access and Usage by Internal Client Users and Contractors. You may allow your internal users and third party contractors to access the Data & Insights SaaS Services and any technical or policy controls, in compliance with the terms of this Data & Insights Agreement, which access must be for your sole benefit. You are responsible for the compliance with this Data & Insights Agreement by your internal users and contractors.

6. Your Responsibilities. Client (a) must keep its passwords secure and confidential; (b) is solely responsible for all activity occurring under its account, except for any Tyler activity occurring under its account; (c) must use commercially reasonable efforts to prevent unauthorized access to its account and notify Tyler promptly of any such unauthorized access; (d) may use the Data & Insights SaaS Services only in accordance with the Documentation; and (e) shall comply with all federal, state and local laws, regulations and policies of Client, as to its use of the Data & Insights SaaS Services, Client Data, and instructions to Tyler regarding the same.

7. Client Data Backup. The data on the Data & Insights Platform is a copy of Client Data. Any laws and regulations governing Client for retention of Client Data remains Client’s responsibility. CLIENT IS SOLELY RESPONSIBLE FOR BACKING UP CLIENT DATA unless otherwise specially agreed in writing between Tyler and Client in the Tyler hosting Agreement.

8. Return of Client Data. Upon request, Tyler will make the Data & Insights SaaS Services available to Client to export Client Data for a period of sixty (60) days following the termination of this Data &

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Exhibit G
6 Insights Agreement. After such sixty (60) day period has expired, we have no obligation to maintain Client Data and may destroy the Client Data.

9. Data Security Measures. In order to protect your Confidential Information, we will: (a) implement and maintain all reasonable security measures appropriate to the nature of the Confidential Information including without limitation, technical, physical, administrative and organizational controls, and will maintain the confidentiality, security and integrity of such Confidential Information; (b) implement and maintain industry standard systems and procedures for detecting, mitigating, and responding to attacks, intrusions, or other systems failures and regularly test or otherwise monitor the effectiveness of the safeguards' key controls, systems, and procedures; (c) designate an employee or employees to coordinate implementation and maintenance of its Security Measures (as defined below); and (d) identify reasonably foreseeable internal and external risks to the security, availability, confidentiality, and integrity of Confidential Information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of such information, and assess the sufficiency of any safeguards in place to control these risks (collectively, Security Measures). Client acknowledges and agrees that Tyler’s obligations with respect to Security Measures is subject to Client Restrictions herein at Section 4 of this Data & Insights Agreement.

10. Notice of Data Breach. If Tyler knows that Confidential Information has been accessed, disclosed, or acquired without proper authorization and contrary to the terms of this Data & Insights Agreement, we will alert Client of any such data breach in accordance with applicable law, and take such actions as may be necessary to preserve forensic evidence and return the Data & Insights SaaS Services to standard operability. If so required, Tyler will provide notice in accordance with applicable federal or State data breach notification laws.

11. Confidentiality. In the absence of a corresponding provision in the Base Agreement, the following provision shall apply:

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 Data & Insights 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 Data & Insights 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 Data & Insights 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.

SECTION C – WARRANTY

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Exhibit G
7 1. SaaS Services Warranty. Tyler warrants to Client that the functionality or features of the Data & Insights SaaS Services will substantially perform as communicated to Client in writing, or their functional equivalent, but Tyler has the right to update functionality. The support policies may change but will not materially degrade during the term. Tyler may deprecate features upon at least 30 days’ notice to Client, but Tyler will use commercially reasonable efforts to support the previous features for at least 6 months following the deprecation notice. The deprecation notice will be posted at https://support.socrata.com.

SECTION D – THIRD-PARTY SERVICES

1. Third -Party Services. Client may be provided with access and usage of Third-Party Services through use of the Data & Insights SaaS Services. Client may use the Third-Party Services at Client’s election, but Client must agree to such Third-Party Service contracts if Client chooses to use those Third-Party Services. Third-Party Services will be solely governed by such Third-Party Service contracts and use may include separate fees and charges by those Third-Party Services.

2. Disclaimer. You acknowledge that we are not the provider of any Third-Party Services. We do not warrant or guarantee the performance of the Third-Party Services.

SECTION F – TERM

1. Term. Unless the Data & Insights SaaS Services are acquired through a Base Agreement with a defined term for SaaS Services (in which case that term shall apply), the initial term of the Data & Insights Agreement is forth in the Order Form. Unless expressly indicated otherwise in the Order Form, this Data & Insights Agreement and the subscription to the Data & Insights SaaS Services will renew automatically for additional one (1) year renewal terms 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 Data & Insights SaaS Services or Third-Party Data will terminate at the end of this Data & Insights Agreement.

SECTION G –LIMITATION OF LIABILITY

1. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS DATA & INSIGHTS

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, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. WHILE TYLER

TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE

DATA & INSIGHTS SAAS SERVICES, TYLER DOES NOT GUARANTEE THAT THE DATA & INSIGHTS SAAS SERVICES CANNOT BE COMPROMISED. YOU UNDERSTAND THAT THE DATA & INSIGHTS SAAS SERVICES MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.

2. LIMITATION OF LIABILITY. Unless the Data & Insights SaaS Services are acquired through a Base Agreement with a Limitation of Liability clause (in which case that term shall apply), OUR LIABILITY

FOR DAMAGES ARISING OUT OF THIS DATA & INSIGHTS AGREEMENT, WHETHER BASED ON A

THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE

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Exhibit G
8 LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE THEN-CURRENT ANNUAL DATA & INSIGHTS SAAS FEES PAYABLE BY YOU. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE

PRICES SET FORTH IN THIS DATA & INSIGHTS 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 THE INDEMNIFICATION OBLIGATIONS UNDER THE AGREEMENT.

3. 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.

SECTION H –Additional Terms and Conditions for Data & Insights SaaS Services with Open Data functionality

1. Tyler may make certain other Tyler Applications available to Client. The use of Open Assessment, Data & Insights Citizen Connect, Data & Insights Capital Project Explorer, Sorata Citizen Connect, Data & Insights Open Data, Data & Insights Open Finance, Open Finance, and/or X-Connect Applications, either alone or in connection with the Data & Insights SaaS Services, is governed by this Data & Insights Agreement and the Agreement. Client must also comply with the following terms and conditions when using the above named Applications.

2. The Data & Insights SaaS Services may provide you with functionality to make all or part of Client Data available to the general public through one or more public facing websites. If the functionality is provided, then Client determines which Client Data is shared publicly, and Client is solely responsible for determining the online terms of use and licenses relative to the use by public users (“Public User”) of Client Data, and the enforcement thereof. Client is responsible to ensure all Users comply with the terms and conditions of this Amendment. Once an internal user makes Client Data publicly available using the Data & Insights SaaS Services, Tyler has no control over a Public User’s use, distribution, or misuse of Client Data. Tyler has no liability or obligation to indemnify for such usage. If the Data & Insights SaaS Services provide you with this functionality, then Users have the ability within the Data & Insights SaaS Services to remove the public permissions applied to Client Data.

3. Tyler reserves the right to develop derivative data assets based on Client Data that exists in the public domain. Tyler may use, index, disclose, commercialize, and transfer the derivative data assets for any lawful purpose, including but not limited to: aggregating and summarizing data; normalizing, standardizing and concatenating data to create new regional or national data assets; and developing key performance indicators and benchmarks.

4. APIs. The Data & Insights SaaS Services may provide access to the applicable applicationprogramming interface (“API”) as part of the Data & Insights SaaS Services under the terms of this Data & Insights Agreement. Subject to the other terms of this Data & Insights Agreement and if the Data & Insights SaaS Services provides access to the APIs, Tyler grants Client a non-exclusive, nontransferable, terminable license to interact only with the SaaS Services as allowed by the current APIs.
a. Client may not use the APIs in a manner--as reasonably determined by Tyler--that exceeds the purposes defined in the Investment Summary, constitutes excessive or abusive usage, or fails to comply with any part of the APIs. If any of these occur, Tyler can suspend or

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Exhibit G
9 terminate Client’s access to the APIs on a temporary or permanent basis. b. Tyler may change or remove existing endpoints or fields in API results upon at least 30 days’ notice to Client, but Tyler will use commercially reasonable efforts to support the previous version of the APIs for at least 6 months from deprecation notice. Tyler may add new endpoints or fields in API results without prior notice to Client. c. The APIs may be used to connect the SaaS Services to certain hosted or on premise software applications not provided by Tyler (“Non-Tyler Applications”). Client is solely responsible for development, license, access to and support of Non-Tyler Applications, and Client’s obligations under this Data & Insights Agreement are not contingent on access to or availability of any Non-Tyler Application.
d. Any open source code provided is provided as a convenience to you. Such open source code is provided AS IS and is governed by the applicable open source license that applies to such code; provided, however, that any such open source licenses will not materially interfere or prohibit Client’s limited right to use the SaaS Services for its internal business purposes.

SECTION I –Additional Terms and Conditions for Third-Party Data Vendor Solutions/Applications

1. Tyler may make certain Third-Party Data Vendor Applications available to Client. The use of Tyler Recovery Insights, Economic Intelligence, Small Business Revenue Metrics, Mobility Metrics, Consumer Spending Metrics, and/or Small Business Revenue Metrics either alone or in connection with the Data & Insights SaaS Services is governed by this Data & Insights Agreement and the Agreement. Client must also comply with the following terms and conditions when using the above mentioned Applications.

2. License Grant for Third-Party Data. Any use of Third-Party Data shall be limited to the ThirdParty Data Purpose. Third-Party Data vendors also retain ownership, title and all rights and interest, including, without limitation, Intellectual Property Rights in and to their own respective software, data, and documentation.

3. Restrictions for Third-Party Data.
a. Client shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Third-Party Data, in whole or in part; (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Third-Party Data; (iii) re-identify, reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Third-Party Data, in whole or in part; (iv) remove any proprietary notices from the Third-Party Data; (v) use the ThirdParty Data in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable Law; or (vi) make Third-Party Data available to for use or access to anyone other than Client.
b. Client shall not publicly publish the dashboards that contain the Third-Party Data, but Client may publicly publish visualizations from the aggregate summary data. c. Client shall not remove any copyright or other proprietary notice or legend contained or included in Third-Party Data.
d. Client expressly permits Tyler to share with the Third-Party Data providers Client’s name, subscription term dates, applicable costs and fees for the Third-Party Data SKU(s) that Client subscribes to.
e. Upon termination of the Agreement, or of a subscription that contains Third-Party Data, Client shall remove and destroy all copies of Third-Party Data.

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Exhibit G
10 f. If any Third-Party Data is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing the Agreement; Client will give Tyler prompt notice and otherwise perform the functions required by applicable law.
g. Client shall not use the Third-Party Data to attempt to identify behavior of a known individual for any reason.
h. Client acknowledges and agrees that if the Third-Party Data includes SafeGraph data, up to .05% of the data will be salted data or seeds used to fingerprint the data provided to Client.

4. Updates. Tyler may in its sole discretion provide Updates to the Third-Party Data or replace with functionally equivalent.

5. Third-Party Data Warranty. TYLER DOES NOT WARRANT THE CORRECTNESS,

COMPLETENESS, OR CURRENTNESS OF THE THIRD-PARTY DATA OR THAT

THE FUNCTIONS PERFORMED BY THE THIRD-PARTY DATA WILL MEET CLIENT’S REQUIREMENTS, THAT THE THIRD-PARTY DATA WILL BE ERROR FREE, OR THAT ALL THIRD-PARTY DATA DEFECTS ARE CORRECTABLE. THE

FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, THE THIRD-PARTY DATA IS PROVIDED “AS IS”.

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Exhibit H
1 Exhibit H
Tyler Systems Management (“TSM”) Terms of Service
I. Term of Service:

The initial year of Tyler Systems Management (“TSM”) services is effective as of the latter of the date of Client signature on an order or the Software Access Date of a License and Services Agreement (“Agreement”) between TYLER and the CLIENT. Services shall remain in force for an initial one (1) year term. Upon expiration of that initial term, TSM services will automatically renew for additional one year terms, at Tyler’s then-current rates, unless terminated by either party at least thirty (30) days’ in advance of the upcoming renewal date.

II. Scope of the Terms of Service:

Both parties acknowledge that these TSM Terms of Service cover only the services described below, for the internal business operations of Client. Any changes to these Terms of Service by Tyler must be communicated at least sixty (60) days in advance and will take effect no earlier than the commencement of the renewal term following notice of the change, unless otherwise mutually agreed. The TSM services are provided under, and subject to, the terms and conditions of the Agreement.

III. Price & Payment:

A. Price. The year one fee is indicated in the applicable order. Fees for renewal terms will be at Tyler’s thencurrent rates and invoiced at least forty-five (45) days in advance of the beginning of a renewal term.

B. Payment of Annual Fees. Annual fees for TSM are due annually, in advance. Payment terms are net forty-five (45) days from invoice date.

C. Additional Charges. Any systems management services and/or related materials performed or supplied by TYLER for CLIENT that are not in-scope, as defined herein, will be invoiced to CLIENT on a time and materials basis at TYLER’S then-current rates, and only after receipt of an order for such out of scope items from Client.

IV. Covered System:

Window Servers that are required to run the Tyler’s applications that are covered by these Terms of Service.

V. Scope of Services: TYLER will provide the following services for the benefit of CLIENT:

A. TYLER SYSTEMS MANAGEMENT Service is available during TYLER's then-current business hours. TYLER’S current business hours are set forth at http://www.tylertech.com/client-support. CLIENT may contact a TSM technician using the contact information set forth at http://www.tylertech.com/client-support. Calls will be recorded and answered on a first in first out basis, except on reports that declare CLIENT’s system down, in which case CLIENT’s call will be moved to the head of the queue
B. TSM services are restricted to the primary production server(s) that the Tyler Software is installed on.

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Exhibit H
Updated 10/25/21
2 C. Environments: Database administration services are restricted to three TYLER environments: one live environment, one training environment, and one test environment.

1. In cases where additional databases exist, each additional database will be subject to additional fees, which TYLER will quote to CLIENT at TYLER’s then-current rates.

D. Application Software: In-scope TSM services include two complete sets of the Tyler Software subject to these TSM Terms of Service: one live set and one test/train set.

E. Required Foundation Software: TSM services include the support and installation of all foundation software TYLER requires CLIENT to procure to utilize one live, one train and one test database. Required foundation software is set forth at https://check.tylertech.com/. TYLER does not support, and these TSM Terms of Service do not include support services for, any third party product that is not required foundation software. TYLER will reasonably cooperate with CLIENT in investigating issues within the Tyler Software that may be created by a third party product, but it is CLIENT’s responsibility to pursue support on third party products directly from that vendor or its authorized partners.

F. TYLER will also perform system administrative tasks on the installed operating system and database administrative tasks on the installed database engine software.

G. TYLER will also provide a remote installation and configuration of a new or upgraded server, at CLIENT’s request, once every two (2) years.

VI. CUSTOMER Responsibilities:

A. CLIENT shall provide, at no charge to TYLER, full and free access to the programs covered hereunder, including working space; adequate facilities within a reasonable distance from the equipment; and use of machines, attachments, features, or other equipment necessary to provide the specified support and maintenance service.

B. CLIENT shall install and maintain for the duration of the provision of TSM services a stable high speed network connection available for remote connections. CLIENT shall pay for installation, maintenance and use of such equipment and associated communication line use charges. TYLER, at its option, shall use this remote interface in connection with error correction.

11.3 General Business Page 125

Tulare City CouncilApril 16, 2024

Tulare City Council
April 16, 2024