The City has adopted a Reasonable Accommodations Policy that provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. Please visit yubacity.net ADA & Accessibility Resources page. If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to help. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation; 72 hours in advance is suggested. Please contact City offices at (530) 822-4817 or (TTY: 530-822-4732), so such aids or services can be arranged. Requests may also be made by email at [email protected] or [email protected] or mail City Clerk, 1201 Civic Center Blvd, Yuba City, CA 95993.
AGENDA
JULY 2, 2024
REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
CITY COUNCIL
CITY OF YUBA CITY
5:30 P.M. CLOSED SESSION
SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Shon Harris
VICE MAYOR ● Dave Shaw
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Wade Kirchner
COUNCILMEMBER ● Michael Pasquale
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible
AGENDA
REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY AND
CITY COUNCIL - CITY OF YUBA CITY
JULY 2, 2024
5:30 P.M. CLOSED SESSION
SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Success Agency and Redevelopment Agency and Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.
The Council Chambers will be open for public attendance and participation. The meeting will also be live-streamed for public viewing, but not participation, at the following link:
https://yubacity-net.zoom.us/webinar/register/WN_v3z8mo-_Txmb3uXer_9HZA. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.
Public Comment:
Any member of the public wishing to address the City Council on any item listed on the closed session agenda will have an opportunity to present testimony to the City Council in the Council Chamber prior to the City Council convening into closed session. Comments from the public will be limited to three minutes. No member of the public will be allowed to be present once the City Council convenes to closed session.
Closed Session
1. Confer with Real Property Negotiator (Government Code § 54956.8) Property: Portion of 806 Gray Avenue, 824 Clark Avenue, Yuba City, California 95991, and 1545 Poole Boulevard, Yuba City California 95993 (cell tower use) Negotiator: Diana Langley, City Manager
Negotiating parties: TowerPoint and AT&T
Under negotiation: Price and terms of payment
Regular Meeting
Call to Order
Roll Call
__ Mayor Harris
__ Vice Mayor Shaw
__ Councilmember Boomgaarden
__ Councilmember Kirchner
__ Councilmember Pasquale
Invocation/Inspiration
Pledge of Allegiance to the Flag
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin Agenda Modifications
Ceremonial Presentations
2. Yuba City Welcome Sign Design Winner Proclamation - Raveena Sroya
3. Quarterly Development Update Presentation by Ashley Potocnik, Development Liaison
Public Communication
4. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Consent Calendar
All matters listed under Consent Calendar are considered to be routine and can be enacted in one motion. There will be no separate discussion of these items prior to the time that Council votes on the motion unless members of the City Council request specific items to be discussed or removed from the Consent Calendar for individual action.
5. Minutes from the June 18, 2024 Regular Meeting of the Successor Agency to the Redevelopement Agency and City Council
Recommendation: Approve the minutes of the June 18, 2024 Regular Meeting of the City Council
6. Harter and Sanborn Booster Pump Station Improvements Project Recommendation: Adopt a Resolution awarding the purchase of four (4) Rockwell Automation manufactured Variable Frequency Drives to Rexel USA, Incorporated of Sacramento, CA in the amount of
$106,130.15 for the Harter and Sanborn Booster Pump Station Improvements Project, with the finding that it is in the best interest of the City, and authorize the Finance Director to make the necessary supplemental appropriations to Water Fund 507 to receive WaterSMART grant funds
7. Downtown Noise Ordinance Exception
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City to promote business opportunities in the downtown area by
amending section 4-17.20 of Chapter 17, Title 4 of the Yuba City Municipal Code by title only, waive the second reading, and approve an exemption under CEQA Guidelines Section
15061(b)(3)
8. Letter of Intent for two (2) City-owned Cell Tower Leases into a 50-year easement Recommendation: Authorize the City Manager to enter into a letter of intent agreement with TowerPoint of Atlanta, GA for conversion of two City-owned leases to a 50-year easement, and authorize the City Manager to extend the same by up to 60 days.
Business Items
9. RFP23-03 Enterprise Resource Planning (ERP) Systems & Implementation Services Bid Award
Recommendation: Adopt a Resolution which takes the following actions:
Awards the RFP23-03 bid for Enterprise Resource Planning (ERP) Systems & Implementation Services to Tyler
Technologies, Inc., with the finding it is in the best interests of the City. Approves an Agreement for the project, attached as Exhibit “A,” in the amount of $1,256,370 with Tyler Technologies, Inc. of Yarmouth, ME, and authorizes the City Manager to execute the same on behalf of the City. The City Manager is further authorized to make any non-material, technical, and clerical edits and corrections to the Agreement
10. 442 B Street Environmental Assessment - Contract Award (RFP1334-24) Recommendation: Adopt a Joint Resolution awarding the 442 B Street Environmental Assessment contract to EKI Environment & Water in the amount of $1,575,000 with the finding that it is in the best interest of the City, and authorizing the City Manager to approve optional tasks therein upon concurrence of the appropriate regulatory agency
11. Yuba City Landscape District No. 1 and Yuba City Lighting and Landscape District No. 2 - Public Hearing
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2024-25 for the Yuba City
Landscape maintenance District No. 1 and Lighting and
Landscape Maintenance District No. 2 (Town Center), pursuant to the Landscaping and Lighting Act of 1972
12. Yuba City Lighting and Landscape District Nos. 3-4 - Public Hearing Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal year 2024-25 for the Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4
13. Yuba City Lighting and Landscape District Nos. 5-6 - Public Hearing Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution Confirming and ordering the annual levy of assessments for Fiscal Year 2024-25 for the Yuba City Lighting and Landscape Maintenance District Nos. 5 & 6 pursuant to the Landscaping and Lighting Act of 1972
14. Yuba City Residential Street Light Maintenance Districts - Public Hearing Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2024-25 within Yuba City
Residential Street Light Maintenance District No. 1 (Tierra Buena) and Residential Street Light Maintenance District No. 1 (Walton Area)
15. Homekey 3.0 – Merriment Village Status Update
Recommendation: Discuss project status, receive current information from Habitat for Humanity Yuba/Sutter, and provide direction to staff regarding next steps
Future Agenda Items
16. Future Agenda Items
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
17. City Manager's Report
18. City Council Reports
Adjournment
Proclamation
of the City Council
Welcome Sign Design Competition Winner
Raveena Sroya
WHEREAS, the City Council of the City of Yuba City recognizes the importance of a welcoming and aesthetically pleasing entrance to our community, reflecting the spirit, history, and aspirations of our city; and
WHEREAS, a Welcome Sign Design Competition was initiated to engage the creativity and talents of our residents, inviting them to contribute to a lasting symbol of our community's identity; and
WHEREAS, the competition received submissions from individuals of all ages and backgrounds, demonstrating the diverse artistic talent and civic pride present in our city; and WHEREAS, the City Council established an Ad Hoc Committee to review and evaluate each submission based on criteria of creativity, alignment with City branding, aesthetic appeal, relevance to the community, feasibility of implementation, and overall impression; and WHEREAS, after careful deliberation, three designs were selected as finalists and reviewed by City Council on May 21, 2024; and
WHEREAS, the winning design will not only serve as a gateway to our city but also as a source of pride for our residents and an inviting symbol for visitors.
NOW, THEREFORE, BE IT RESOLVED, that I, Shon Harris, Mayor of the city of Yuba City, and on behalf of the entire Council do hereby officially announce and congratulate Raveena Sroya as the winner of the Welcome Sign Design Competition; and BE IT FURTHER RESOLVED that the City Council extends its heartfelt gratitude to all participants for their contributions and efforts, acknowledging that every submission has added value to this initiative and highlighted the artistic spirit of our community; and BE IT FINALLY RESOLVED that the winning design by Raveena Sroya will be continued forward in the design, cost, and analysis process to prepare for bid and construction as the new Welcome Sign of the City of Yuba City, standing as a testament to the collaborative spirit and creative talents of our residents.
Ashley Potočnik, Development Liaison, will present a quarterly development update. apotoč[email protected] | 530-822-5195
CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.
Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.
When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.
Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Procedure
When requesting to comment, please indicate your name and the topic and mail to:
City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:
Jackie Sillman, City Clerk
[email protected]
Agenda Item 5
CITY OF YUBA CITY
STAFF REPORT
Date: July 2, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from the June 18, 2024 Regular Meeting of the Successor Agency to the Redevelopement Agency and City Council
Recommendation: Approve the minutes of the June 18, 2024 Regular Meeting of the City Council Fiscal Impact:
Attachments:
1. 06-18-2024 Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:
Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager
ATTACHMENT 1
MINUTES (DRAFT)
REGULAR MEETING OF THE SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND
CITY COUNCIL - CITY OF YUBA CITY
JUNE 18, 2024
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Regular Meeting
The Regular Meeting of the City Council was called to order by Mayor Harris at 6:00 PM Roll Call
Present: Mayor Harris and Councilmembers Boomgaarden, Kirchner, Shaw, and Pasquale
Absent: None
Invocation/Inspiration
Pastor Dan Callahan, First Baptist Church of Yuba City
Pledge of Allegiance to the Flag
Councilmember Kirchner
Agenda Modifications
Due to recusals, Consent Calendar items 11-13 were voted on separately Ceremonial Presentations
1. Yuba-Sutter Transit Presentation
Matthew Mauk, Executive Director – Yuba-Sutter Transit Authority, gave a presentation Public Communication
2. Appearance of Interested Citizens
Suke S. Sanghera spoke
Bijan Parhizgar spoke
Consent Calendar
Councilmember Kirchner moved and Vice-Mayor Shaw seconded the motion to approve Consent Calendar items 3-5, 8-10 & 14
Due to recusals, items 6-7 & 11-13 were voted on separately
3. Minutes of the June 4, 2024 Regular Meeting of the City Council Approve the minutes of the June 4, 2024 Regular Meeting of the City Council
4. General Municipal Election November 5, 2024
Adopt Resolution 24-070 calling and giving notice of the General Municipal Election to be held on Tuesday, November 5, 2024 for the election of two (2) City Councilmembers (Districts 4 and 5), City Clerk, and City Treasurer; and authorizing the Mayor to enter into an agreement for election services with Sutter County
5. AED Purchase with National Opioid Settlement Funds
Adopt Resolution 24-071 which takes the following actions:
A. Approving the acceptance of $45,348 from Sutter County in relation to part of the City’s National Opioid Settlement for the purchase of (9) automated external defibrillators (AED)
B. Authorizes the Finance Director to make the necessary supplemental appropriations to expend and receive the City’s portion of the National Opioid Settlement; $45,348 to 2310-63801 (expenditures) and $45,348 to 100-43840 (revenues)
[Items 6-7 were voted on separately]
8. SB 1 Road Maintenance and Rehabilitation Account Project List 2024-25 Bijan Parhizgar spoke
Adopt Resolution 24-076 adopting a list of projects for Fiscal Year 2024-25 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017
9. Fiscal Year 24/25 Chemical Award
Adopt Resolution 24-077:
a. Awarding bulk chemical purchase contracts for City facilities per the results of the Bay Area Chemical Consortium Fiscal Year 24/25 formal bid for the period of July 1, 2024 through June 30, 2025; and
b. Authorizing the City Manager to negotiate and amend the awarded contracts as needed during the fiscal year, including to adjust unit prices, with the finding that it is in the best interest of the City
10. Approve Tenant Commissioner Appointment to the Regional Housing Authority Approve the re-appointment of Suzanne Gallaty as the Tenant Commissioner to the Regional Authority of Sutter and Nevada Counties Board of Commissioners
[Items 11-13 were voted on separately]
14. Yuba City Residential Street Light Maintenance Districts - Resolution of Intent
A. Adopt Resolution 24-084 Approving the Engineer’s Reports and Declaring
Intention to Levy for Yuba City Residential Street Light Maintenance Districts, to continue the Residential Street Light Maintenance Districts, pursuant to the Benefits Assessment Act of 1982
B. Set a Public Hearing for July 2, 2024 at 6:00PM to establish assessments for Fiscal Year (FY) 2024-25
The motion was passed unanimously
Consent Calendar 6-7 & 11-13 (Items voted on separately)
6. Agreement for Purchase and Sale of Real Property Located at 265 Percy Avenue (APN 053-220-030) to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez
[Vice-Mayor Shaw recused himself]
A. Adopt Resolution 24-072 rescinding Resolution No. 24-043 authorizing the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 265 Percy Avenue (APN 053-220-030), and all other necessary documents, in the amount of $62,500 to Gursharan Mann, and authorize the Finance Director to place sale proceeds in the General Fund B. Adopt Resolution 24-073 authorizing the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 265 Percy Avenue (APN 053-220-030), and all other necessary documents, in the amount of $60,000 to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, and authorize the Finance Director to place sale proceeds in the General Fund Previous motion including above recusal passed with 4 votes
7. Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194- 013) to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez [Vice-Mayor Shaw recused himself]
A. Adopt Resolution 24-074 rescinding Resolution 24-042 authorizing the City Manager as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194-013), and all other necessary documents, in the amount of $67,500 to Gursharan Mann, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan B. Adopt Resolution 24-075 authorizing the City Manager as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194-013), and all other necessary documents, in the amount of $65,000 to
Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, and authorize the Finance Director to remit the proceeds to the Sutter County AuditorController for distribution to the taxing entities per the Long Range Property Management Plan
Previous motion including above recusal passed with 4 votes
11. Yuba City Landscape District No. 1 and Yuba City Lighting and Landscape District No. 2 - Resolution of Intent
[Councilmembers Boomgaarden & Pasquale recused themselves] A. Adopt the following Resolutions to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972:
• Resolution 24-078 Approving Engineer's Reports Yuba City Landscape Maintenance District No.1 and Yuba City Lighting and Landscape Maintenance District No.2
• Resolution 24-079 of Intention to Order Improvements, Yuba City Landscape Maintenance District No.1 and Yuba City Lighting and Landscape Maintenance District No.2
B. Set a Public Hearing for July 2, 2024 at 6:00PM to establish assessments for Fiscal Year (FY) 2024-25
Previous motion including above recusals passed with 3 votes
12. Yuba City Lighting and Landscape District Nos. 3-4 - Resolution of Intent [Vice-Mayor Shaw recused himself]
A. Adopt the following Resolutions to Continue the Maintenance Districts, pursuant to the Landscaping and Lighting act of 1972:
• Resolution 24-080 Approving Engineer's Reports, Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4
• Resolution 24-081 of Intention to Order Improvements, Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4 B. Set a Public Hearing for July 2, 2024 at 6:00 PM to establish assessments for Fiscal Year (FY) 2024-25
Previous motion including above recusal passed with 4 votes
13. Yuba City Lighting and Landscape District Nos. 5-6 - Resolution of Intent [Mayor Harris & Councilmember Pasquale recused themselves] A. Adopt the following Resolutions to continue the Maintenance Districts, pursuant to the Landscaping and Lighting Act of 1972:
• Resolution 24-082 Approving Engineer's Reports, Yuba City Lighting and Landscape Maintenance District Nos. 5 and 6 • Resolution 24-083 of Intention to Order Improvements, Yuba City
Lighting and Landscape Maintenance Districts Nos. 5 and 6 B. Set a Public Hearing for July 2, 2024 at 6:00 PM to establish assessments for Fiscal Year (FY) 2024-25
Previous motion including above recusals passed with 3 votes Business Items
15. Pioneer Community Energy, a Community Choice Aggregator Vice-Mayor Shaw moved and Councilmember Boomgaarden seconded the motion to:
Authorize the City Manager to jointly commission an Impact Assessment Study to determine the financial feasibility and timing of the City joining Pioneer Community Energy's Joint Exercise of Powers Agreement in conjunction with Sutter County
The motion was passed unanimously
16. Adoption of the City of Yuba City’s Fiscal Year 2024-25 Operating and Capital Budgets and Fiscal Year 2024-25 Appropriations Limit Bijan Parizgar spoke
Vice-Mayor Shaw moved and Councilmember Pasquale seconded the to motion to:
A. Adopt Resolution 24-085 approving the proposed Fiscal Year 2024- 25 Operating Budget
Motion for Item 16 A passed with 4 votes [Boomgaarden opposed] B. Adopt Resolution 24-086 approving the Fiscal Year 2024-25 Capital Improvement Program. Project Summaries by Funding Source are attached to the Resolution
Motion for Item 16 B passed unanimously
C. Adopt Resolution 24-087 approving the City’s Appropriations Limit for Fiscal Year 2024-25
Motion for Item 16 C passed unanimously
17. FY 2024-2025 Citywide Sole Source & Professional Services Purchases Councilmember Pasquale moved and Vice-Mayor Shaw seconded the motion to:
Adopt Resolution 24-088 pre-authorizing the City Manager or designee to enter into citywide sole source and professional service purchases from July 1, 2024, through June 30, 2025, for specified items based on each purchase recommendation being in the best interest of the City
The motion was passed unanimously
18. Design Immunity Ordinance Update
Mayor Harris opened a Public Hearing
No public comment
Mayor Harris closed the Public Hearing
Councilmember Pasquale moved and Councilmember Kirchner seconded the motion to:
Introduce an Ordinance of the City Council of the City of Yuba City adding Chapter 12 of Title 6, including Section 6-12.01, to the Municipal Code establishing powers and authority to approve plans or designs for public works projects and waive the first reading
The motion was passed unanimously
19. 2024 Community Development Block Grant - Annual Action Plan Mayor Harris opened a Public Hearing
Maria Ball spoke
Mayor Harris closed the Public Hearing
Councilmember Kirchner moved and Councilmember Boomgaarden seconded the motion to:
B. Adopt Resolution 24-089 approving the proposed 2024 Annual Action Plan and authorize staff to submit the required documents to the Department of Housing and Urban Development (HUD) for processing; and C. Authorize the Finance Director to add budget appropriation for the grant revenue
The motion was passed unanimously
20. Downtown Noise Ordinance Exception
Mayor Harris opened a Public Hearing
Sumiko Sprague spoke
Sandee Drown spoke
Mayor Harris closed the Public Hearing
Vice-Mayor Shaw moved and Councilmember Kirchner seconded the motion to:
Introduce by title only an Ordinance of the City Council of the City of Yuba City to promote business opportunities in the downtown area by amending section 4-17.20 of Chapter 17, Title 4 of the Yuba City Municipal Code and adopt an exemption under CEQA Guidelines Section 15061(b)(3) and waive the first reading
The motion was passed unanimously
21. Citizens' Oversight Committee - Establish Tasks, Objectives, Composition, and Member Qualifications
Lawrence Mertz spoke
Councilmember Kirchner moved and Vice-Mayor Shaw seconded the motion to:
Adopt Resolution 24-090 to establish the tasks, objectives, composition, and member qualifications for a Citizens' Oversight Committee should a potential revenue measure be successful
The motion was passed unanimously
Future Agenda Items
22. Future Agenda Items
No suggestions were made
Reports and Communications
23. City Manager's Report
24. City Council Reports
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris
Adjournment
Mayor Harris adjourned the Regular Meeting of the City Council in remembrance of Willie Mays at 8:31 PM
_____________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: July 2, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Harter and Sanborn Booster Pump Station Improvements Project Recommendation: Adopt a Resolution awarding the purchase of four (4) Rockwell Automation manufactured Variable Frequency Drives to Rexel USA, Incorporated of Sacramento, CA in the amount of $106,130.15 for the Harter and Sanborn Booster Pump Station Improvements Project, with the finding that it is in the best interest of the City, and authorize the Finance Director to make the necessary supplemental appropriations to Water Fund 507 to receive WaterSMART grant funds
Fiscal Impact: $106,130.15 – Account No. 971227-65501 (Recurring WTP & Satellite Facility Maintenance)
$96,481.95 – Equipment Cost
$9,648.20 – 10% Contingency
Purpose:
Upgrade the Harter and Sanborn Booster Pump Stations by replacing softstart equipment with Variable Frequency Drives (VFDs) making the booster pump stations more robust and efficient with distributing potable water.
Council's Strategic Goal:
This project addresses the City Council's Strategic Goal of improving vital water Infrastructure through the construction of a priority rehabilitation project identified in the City’s Water Master Plan.
Background:
The City’s water distribution system includes 5 booster pump stations, which were evaluated by the City’s consultant in the 2019 Water Master Plan. Replacement of softstarts with VFDs was identified in the 2019 Water Master Plan for the Harter and Sanborn booster pump stations. Identified concerns include inadequate flows/pressures resulting in potentially damaging shocks to the distribution system and overall efficiency of the pump motors. In December 2021 Public Works staff applied for a WaterSMART Small Efficiency Grant for partial funding of the project where the staff were successful in receiving up to $75,000 with a required 56% cost share from the City.
Analysis:
Public Works staff have received three quotes for Rockwell Automation manufactured VFDs for the Harter and Sanborn Booster Pump Station Improvements Project (Project). Public Works requires Rockwell Automation manufactured VFDs as a standard for all VFDs and Programmable Logic Controllers (PLCs) to allow for easier installation and maintenance. Public Works is requesting the purchase of four (4) Rockwell Automation manufactured VFDs through Rexel USA, Inc. in the amount of $96,481.95. This specialty equipment will be installed by City staff. Additionally, staff requests a 10% contingency for any additional charges, such as shipping and handling of the VFD. As a result, the total cost requested amounts to $106,130.15, which is above the City Manager's signing authority.
Fiscal Impact:
The total cost of the VFD equipment requested in this item is $106,130.15, including tax and 10% contingency. The quote from Rexel USA, Inc. may be seen in Exhibit 1A.
There are sufficient funds in Account No. 971227-65501 (Recurring WTP and Satellite Facility Maintenance). Supplemental appropriations are required to receive grant funds into Water Fund Revenue Account 507-43195. Public Works recommends authorizing the Finance Director to make the required supplemental appropriations to receive the grant funds. Below is a breakdown of how the funds are expected to be spent:
$106,130.15 – Total cost of VFD Equipment, including Contingency $42,452.06 – Account No. 507-43195
$54,029.89 – Account No. 971227-65501
$9,648.20 – Account No. 971227-65501 (10% contingency)
Alternatives:
Deny the purchase at this time and direct staff to pursue other quotes. Grant funds are required to be spent by the end of the calendar year.
Recommendation:
Adopt a Resolution awarding the purchase of four (4) Rockwell Automation Manufactured Variable Frequency Drives to Rexel USA, Incorporated of Sacramento, CA in the amount of $106,130.15 for the Harter and Sanborn Booster Pump Station Project, with the finding that it is in the best interest of the City, and authorize the Finance Director to do the necessary supplemental appropriations to Water Fund 507 to receive WaterSMART grant funds.
Attachments:
1. Resolution - Booster Pump Imp Project VFD Equipment Purchase
2. Exhibit A - Rexel Quote
Prepared By: Submitted By:
William Jow
Assistant Engineer
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING THE PURCHASE OF FOUR (4) ROCKWELL AUTOMATION MANUFACTURED
VARIABLE FREQUENCY DRIVES TO REXEL USA, INCORPORATED OF SACRAMENTO, CA IN THE AMOUNT OF $96,481.95
WHEREAS, the City of Yuba City (City), recognizes the need for ongoing maintenance and improvements to maintain continuous and reliable operation of the Water Treatment Plant, water distribution system, and satellite facilities, including 5 Booster Pump stations, for the health and wellbeing of our customers and the environment; and WHEREAS, the 2019 Water Master Plan identified improvements to the Booster Pump stations as a priority project; and
WHEREAS, the City has determined that the most expedient and beneficial means by which to facilitate the identified improvements is to purchase the appropriate Variable Frequency Drives directly; and
WHEREAS, the Public Works Department requires Rockwell Automation manufactured Variable Frequency Drives as a standard for Variable Frequency Drives; and WHEREAS, the Public Works Department has solicited three quotes for the purchase of the Rockwell Automation manufactured Variable Frequency Drives; and WHEREAS, the City desires to purchase four Rockwell Automation manufactured Variable Frequency Drives and associated parts from Rexel USA, Incorporated of Sacramento, CA in accordance with the City’s Purchasing Policies and Procedures, as staff collected three quotes for Variable Frequency Drives; and
WHEREAS, Rexel USA, Incorporated is the lowest of the three quotes collected for Rockwell Automation manufactured Variable Frequency Drives; and WHEREAS, the City Council now desires to authorize the purchase of Rockwell Automation manufactured Variable Frequency Drives from Rexel USA, Incorporated.
NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:
1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. The City Council awards purchase of four (4) Rockwell Automation manufactured Variable Frequency Drives and associated parts to Rexel USA, Incorporated of Sacramento, CA in the amount of $96,481.95, with the finding that it is in the best interest of the City.
3. The City Council authorizes the Finance Director to receive WaterSMART grant funds and make the necessary supplemental appropriations to Fund 507.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 2nd day of July, 2024.
AYES:
NOES:
ABSENT:
Shon Harris, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit:
A. Rexel USA, Incorporated - Quotation No. S139650533
Exhibit A
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: July 2, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Downtown Noise Ordinance Exception
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City to promote business opportunities in the downtown area by amending section 4-17.20 of Chapter 17, Title 4 of the Yuba City Municipal Code by title only, waive the second reading, and approve an exemption under CEQA Guidelines Section 15061(b)(3)
Fiscal Impact: No direct fiscal impact will result from amending the Municipal Code to revise the standards discussed
Purpose:
To establish noise regulations for entertainment activities associated with restaurants, bars, or other approved entertainment facilities from 7:00 a.m. until midnight in the downtown business district area.
Council’s Strategic Goal:
This item is consistent with the Council’s Business Friendly Strategic Goal.
Background:
Staff periodically brings forward recommended code revisions to incorporate statutory changes and other miscellaneous revisions for consideration to keep the Municipal Code contemporary for the City’s needs.
Individual members of the City Council have expressed a desire to provide an opportunity for the City’s downtown area to develop into an entertainment zone in an effort to draw people to the downtown area.
This is currently encouraged by the Downtown Business Association’s Summer and Winter Stroll events as well as other seasonal activities.
On June 18, 2024, the City Council introduced the proposed ordinance after first conducting a public hearing.
Analysis:
The City’s noise regulations currently limit noise associated with music, large gatherings or neighbors
from 10pm to 7am daily (Section 4-17.10(b)). Although this is appropriate for residential areas, it has an unintended consequence of restricting nighttime entertainment activities in the City downtown and other commercial areas.
The noise ordinance provides exemptions for a range of activities ranging from emergency response vehicles, parades, fireworks displays and other special events where a permit has been granted.
Exemptions are also provided for activities on publicly owned property and facilities, religious worship activities, railroad activities, solid waste collection, activities at the Yuba Sutter Fair, organized sports events and the lawful discharge of safe and sane fireworks.
The proposed amendment would establish an additional exemption at Section 4-17.20(k) that would apply to properties zoned Community Commercial District (C-2) or General Commercial District (C-3) that front Plumas Street between Colusa Avenue (State Highway 20) to Bridge Street, and properties that front Center Street between Plumas and Shasta Streets.
This exemption would apply from 7:00 a.m. until midnight on Thursdays, Fridays, Saturdays of each week, together with New Year’s Eve, St. Patrick’s Day, Cinco-de-Mayo, the weekends of the Summer and Christmas Stroll events and recognized Federal holidays. This exemption would apply to entertainment activities associated with restaurants, bars, or other approved entertainment facilities, and may include live or amplified music indoors or an approved onsite patio/outdoor dining location established in compliance with City standards.
The General Plan Noise Element establishes specific noise thresholds, and the proposed exception would be consistent with those standards. Under this exception, the maximum noise levels of 70 Ldn or CNEL, dB are normally acceptable as measured at the property line for business commercial uses; potential activities with noise levels falling in the 67 to 77 Ldn or CNEL, dB range require a plan for noise attenuation measures, and noise above 77 Ldn or CNEL, dB is normally unacceptable unless a detailed noise analysis is completed, to the City’s satisfaction that identifies needed noise reduction measures to be incorporated into business operations.
Commercial uses located within 100 feet of existing residential uses would be required to submit and receive approval of a plan to the Development Services Department that incorporates noise attenuation measures to reduce potential impacts on proximate residences prior to operation under this exception.
In practice, a business located within 100 feet of existing residences and desiring to hold entertainment activities would be required to prepare and submit a plan for how they will minimize noise impacts to their residential neighbors. This plan will need to be approved by the Development Services Department and the City reserves the right to require a noise analysis be prepared, at the business owner’s expense, if it is believed noise impacts will not be mitigated. If a plan to abate noise is approved and later the City receives noise complaints, the City may require a noise study be prepared that details feasible mitigation measures to be implemented to reduce noise consistent with the City’s General Plan Noise Element standards.
If an Ordinance is introduced at this meeting and adopted at a future City Council meeting, the ordinance will become effective 30 days after adoption.
As part of bringing this matter forward, a public hearing notice was advertised in the Appeal Democrat newspaper and mailed notice was provided to all property owners within the Downtown Business Association (DBA) area and within 300 feet of the DBA boundary.
Finally, the City was recently notified of an award of a federal Reconnecting Communities grant through the Sacramento Area Council of Governments (SACOG). This grant will provide for updating the 32- year-old Central City Specific Plan which will include preparing an updated noise analysis to develop
strategies and measures to minimize downtown area noise impacts on neighboring residential areas.
Environmental Considerations:
After reviewing the California Environmental Quality Act (CEQA) and the Guidelines, staff believes this project is covered by the general rule specified at CEQA Guidelines Section 15061(b)(3) and determined with certainty that there is no possibility the proposed update to the Municipal Code would cause a significant, adverse, effect on the environment. This is because the proposed revisions will only allow noise levels consistent with the City’s adopted General Plan. Where it is determined that noise generated cannot meet the General Plan noise standards, the proposed entertainment activity will not be allowed to occur.
Additionally, none of the exceptions to this exemption as set forth in CEQA Guideline Section 15300.2 apply and the project does not present an “Unusual Circumstance." Fiscal Impact:
No direct fiscal impact will result from amending the Municipal Code to establish an additional noise exception for the downtown area. Existing budgeted monies are paying for staff’s time to address this item.
Alternatives:
The City Council may determine not to establish a new noise Ordinance exception or may consider revising the exception proposed or may provide alternative guidance to staff concerning this issue.
Recommendations:
Adopt an Ordinance of the City Council of the City of Yuba City to promote business opportunities in the downtown area by amending section 4-17.20 of Chapter 17, Title 4 of the Yuba City Municipal Code by title only, waive the second reading, and approve an exemption under CEQA Guidelines Section 15061(b)(3)
Attachments:
1. Properties Subject to Proposed Ordinance
2. Proposed Ordinance
Prepared By: Submitted By:
Doug Libby, AICP
Deputy Development Services Director
Diana Langley
City Manager
Attachment 1
PLUMAS
ST
BRIDGE ST
SHASTA ST
PLUMAS
ST
20 BRIDGE ST
A ST
KILEY AVE
ROCKHOLT
WAY
FREMONT WAY
REEVES AVE
FORBES AVE
TEEGARDEN AVE
CHURCH ST
ALM
O
N
D
S
T
FRANCIS
WAY
SCOTT ST
WALN
U
T
S
T
AYLOR AVE
C
E
M
E
TA
RY
WAY
CENTER ST
20 WALN
U
T
S
T
20 ALM
O
N
D
S
T
20 WALN
U
T
S
T
²
PROPERTIES SUBJECT TO PROPOSED ORDINANCE
Legend
Properties within the Downtown Business Association, subject to the proposed Ordinance Properties within the Downtown Business Association, but not subject to proposed Ordinance HWY
20
Attachment 2
01248.0001/901522.1 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO PROMOTE BUSINESS OPPORTUNITIES IN THE DOWNTOWN AREA BY AMENDING SECTION 4-17.20 OF CHAPTER 17, TITLE 4 OF THE YUBA CITY MUNICIPAL CODE
WHEREAS, the City of Yuba City has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the city, Cal. Const. Art. XI, section 7; and WHEREAS, the City of Yuba City has adopted noise regulations in its Municipal Code to protect its citizens from loud and raucous noises from any and all sources in the community; and WHEREAS, the City Council of the City of Yuba City desires to amend the noise regulations contained in the Municipal Code at Section 4-17.20 of Chapter 17, Title 4 to add an additional noise exception for the purpose of encouraging nighttime entertainment in the downtown area for properties zoned commercially or having commercial uses fronting Plumas Street between Colusa Avenue (State Highway 20) to Bridge Street and along Center Street between Plumas Street and Shasta Street; and
WHEREAS, on June 8, 2024, a legal notice in compliance with State law was published concerning the City Council’s consideration on June 18, 2024; and WHERAS, on June 6, 2024, legal notice was mailed to all property owners within the Downtown Business Association boundary and those persons owning land within 300-feet of the boundary of the Downtown Business Association boundary.
NOW THEREFORE, the City Council of the City of Yuba City does hereby ordain as follows:
SECTION 1. The above recitals are incorporated by reference.
SECTION 2. CEQA. The City Council finds this amendment to the Municipal Code is covered by the general rule of California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) and has determined with certainty that there is no possibility that the proposed revision to the noise regulations would cause a significant, adverse, effect on the environment.
This is because the because the proposed revision will only allow noise levels consistent with the City’s adopted General Plan. Where it is determined that noise generated cannot meet the General Plan noise standards, the proposed entertainment activity will not be allowed to occur.
SECTION 3. Section 4-17.20, of Chapter 17, Title 4 of the Yuba City Municipal Code is amended in its entirety to read as follows: :
Sec. 4-17.20. - Exemptions.
The term "loud and raucous noise" as used in this chapter does not include noise or sound generated by the following:
(a) Cries for emergency assistance and warning calls.
(b) Radios, sirens, horns and bells on police, fire and other emergency response vehicles.
01248.0001/901522.1 2
(c) Parades, fireworks displays and other special events for which a permit has been obtained from the City are exempted provided there is compliance with all conditions which have been noted in writing on the permit. That loud and raucous noise produced as a result of noncompliance with any condition specified on the permit is not exempted from the requirements of this chapter.
(d) Activities on or in publicly owned property and facilities, or by public employees while in the authorized discharge of their responsibilities, are exempt provided that such activities have been authorized by the owner of such property or facilities or its agent or by the employing authority.
(e) Religious worship activities, including but not limited to, bells, organs, singing and preaching.
(f) Locomotives and other railroad equipment and aircraft. (g) The collection of solid waste by employees of a company engaged in the waste disposal business.
(h) Organized activities at the Yuba Sutter Fair.
(i) Organized sports events.
(j) The discharge of "safe and sane fireworks" during the times authorized in Section 4-
11.02, and the discharge of fireworks for which a special permit has been issued per Section 5602 of Section 4-5.02 of this chapter or Section 4-11.02. (k) Properties zoned Community Commercial District (C-2) or General Commercial District (C-3) and fronting Plumas Street between Colusa Avenue (State Highway 20) to Bridge Street, and along Center Street between Plumas Street and Shasta Street, shall be exempt from the requirements of Section 4-17.10 (b) and (d) from 7:00 a.m. until midnight on Thursdays, Fridays, Saturdays of each week, together with New Year’s Eve, St. Patrick’s Day, Cinco-de-Mayo, the weekends of the Summer and Christmas Stroll events and recognized Federal holidays for entertainment activities associated with restaurants, bars, or other approved entertainment facilities, and may include live or amplified music indoors or an onsite approved patio/outdoor dining location established in compliance with City requirements. Under this exception, the maximum noise levels of 70 Ldn or CNEL, dB are normally acceptable as measured at the property line for business commercial uses; potential activities with noise levels falling in the 67 to 77 Ldn or CNEL, dB range require a plan for noise attenuation measures, and noise above 77 Ldn or CNEL, dB is normally unacceptable unless a detailed noise analysis is completed, to the City’s satisfaction that identifies needed noise reduction measures to be incorporated into business operations. Notwithstanding, commercial uses located within 100 feet of existing residential uses shall submit and receive approval of a plan to the Development Services Department that incorporates noise attenuation measures to reduce potential impacts on proximate residences prior to operation under this exception.
SECTION 4: SEVERABILITY. If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent
01248.0001/901522.1 3
jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 5: EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.
Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 18th day of June, 2024, and passed and adopted at a regular meeting held on the 2nd day of July, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Shon Harris, Mayor
City of Yuba City
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP
Agenda Item 8
CITY OF YUBA CITY
STAFF REPORT
Date: July 2, 2024
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Diona Pope, Accounting Manager
Summary
Subject: Letter of Intent for two (2) City-owned Cell Tower Leases into a 50-year easement
Recommendation: Authorize the City Manager to enter into a letter of intent agreement with TowerPoint of Atlanta, GA for conversion of two City-owned leases to a 50-year easement, and authorize the City Manager to extend the same by up to 60 days.
Fiscal Impact: If the City successfully negotiates the terms of an easement agreement for two cell tower sites, the revenue could be in the $1 million plus range less a 6% fee to SteepSteel, LLC for services rendered
Purpose:
To convert the City’s cell tower lease contracts to revenue to increase near-term cash flow.
Council's Strategic Goal:
This easement and lease extension supports the City Council priority of fiscal responsibility.
Background:
The City of Yuba City has three cell tower antenna sites and receives approximately $5,500 each month for the carriers to keep and use their transmission equipment on these towers at 806 Gray Avenue (Sam Brannan Park; $2,414), 824 Clark Avenue (Fire Station No. 1; $1,525.88), and 1545 Poole Boulevard (Police Department; $1,581.73), adding just under $70 thousand each year to the general fund budget. One year ago, the Finance Department began receiving calls from these carriers to amend existing agreements, then a call proposing a sale of these leases came through. After some discussion with the City Manager, the Finance Director entered into a contract with SteepSteel, LLC to help the City navigate the cell tower leasing industry, conduct a request for quotes, and negotiate on the City’s behalf, and explore the benefits of a lump sum payment for these tower leases that may be used for capital improvements today.
Analysis:
As City staff began talking through the needs for each site, consulting with each affected department head, it became apparent to all at the table that placing a 50-year easement on the obsolete (not in
use) water tower at 824 Clark Avenue did not make as much sense as it does for the sites at 806 Gray Avenue and 1545 Poole Boulevard due to the future need to raze the tower to make room for an expanded and updated Fire Station No. 1. With guidance from SteepSteel, staff is recommending a short contract extension with the carrier at 824 Clark Avenue with the intention of letting the contract run out in a few years in order to proceed with the removal of the water tower.
For the towers easements at 806 Gray Avenue and 1545 Poole Boulevard, SteepSteel marketed to prospective, highly-qualified bidders directly, and began negotiations based on the responses received.
SteepSteel received several inquiries from interested parties, and negotiated best and final written proposals from TowerPoint and Wireless Propco, LLC as each proposal was for a far greater amount than the others. The following table lists the best and final written proposals that represent the result of several rounds of negotiation:
TowerPoint Wireless Propco, LLC
$1,085,000 + 50% revenue sharing $1,078,996
Staff discussed the offers with SteepSteel, the City Manager and the City Attorney to determine the best option for the City and are recommending that the City enter into a letter of intent agreement with TowerPoint of Atalanta, GA to initiate negotiations for a final agreement. The site location and the current land area utilized is listed below:
# Site Locations Current Land Area Utilized
1 806 Gray Avenue &
1545 Poole Blvd
3000 SF between both sites (plus ingress-egress
easements and utility easements).
Fiscal Impact:
If the City successfully negotiates the terms of an easement agreement for two cell tower sites, the revenue could be in the $1 million plus range less a 6% fee to SteepSteel, LLC for services rendered.
Alternatives:
1. Do not sell the leases and negotiate lease extensions for all tower sites; or
2. Let the leases for all or some of the tower sites expire and negotiate a sale or lease extension for any remaining tower sites.
Recommendation:
Authorize the City Manager to enter into a letter of intent agreement with TowerPoint of Atlanta, GA for conversion of two City-owned leases to a 50-year easement.
Attachments:
1. TowerPoint Letter of Intent
Prepared By: Submitted By:
Spencer Morrison
Finance Director
Diana Langley
City Manager
ATTACHMENT 1
TWPA0047801 | PAGE 1
1170 Peachtree St NE, Suite 1650, Atlanta, GA 30309 | towerpoint.com | Ph: 678.775.0360 | F: 678.775.0361 June 11, 2024
City of Yuba CA ("Landlord")
1201 Civic Center Blvd Admin Svcs Dept-Bus Lic
Yuba City, CA 95993
Re: Letter of Intent to Purchase Interest in Wireless Site ("LOI") Dear Landlord,
In consideration of ten dollars ($10), the receipt and sufficiency of which is hereby acknowledged, your signature below grants to TowerPoint Acquisitions, LLC and its successors and assigns (including its asset holding company TPA VI, LLC) (“TowerPoint”) exclusivity to purchase your interest in the Lease(s)(“Lease(s)” as further described in Exhibit A) through an assignment of the Lease and the grant of an underlying telecommunications easement pursuant to the terms herein (the “Transaction”). TowerPoint may close on the Transaction no later than fourteen (14) days after the Closing Contingencies listed in Exhibit A are met. The basic terms of the transaction are as follows:
Summary of Terms
PURCHASE PRICE $1,085,000.00
LEGAL STRUCTURE Telecommunications Easement
TERM LENGTH 50 Years
REVENUE SHARING 806 Gray Ave, Yuba City, California 95993 site: New Tenant Rent: 50% split with Landlord (New Tenant Rent will be generated from tenants collocation on available space on or across water/tower structure and from an additional 500 sq ft of ground space outside the existing Lease areas.) 1545 Poole Blvd, Yuba City, California 95993 site: 50% split with Landlord of additional revenue generated under TowerPoint Site Management Agreement.
• Purchase Price shall be pro-rated at closing based on interim monthly or annual rent payments with TowerPoint retaining from the Purchase Price rent paid by the tenant for any period of time from and after the date of Closing. • Landlord shall only retain rent checks from Tenant for pro-rated periods and during the rent redirection period1 .
•
TowerPoint pays for due diligence costs, the title insurance policy, and standard closing costs. Each party bears its own legal expenses.
Landlord pays transfer/stamp or other tax (if any) and recording fees.
From the date you execute this LOI through the date which is thirty (30) days from the date the Closing Contingencies are met, you agree not to directly or indirectly solicit, initiate or participate in any discussions or negotiations with, or encourage or respond to any inquiries or proposals by, any persons, company or group other than TowerPoint concerning your Lease. You agree to promptly notify TowerPoint if any person, company or group seeks to initiate any discussions regarding your Lease. You further agree to work in good faith with TowerPoint to close this Transaction. The terms of this LOI are confidential and may not be disclosed without the prior written consent of TowerPoint, except to professionals engaged to evaluate and conduct the Transaction on your behalf. You acknowledge that TowerPoint has given you no tax or legal advice in evaluating the Transaction.
To the extent the terms of this LOI represent an offer by TowerPoint, the terms herein are subject to change by TowerPoint after June 30, 2024 if this LOI is not mutually executed. TowerPoint reserves the right to change the terms of this LOI following expiration.
Sincerely,
TowerPoint Acquisitions, LLC
Accepted and Agreed:
City of Yuba CA
Jesse M. Wellner, Chief Executive Officer
June 11, 2024 Landlord’s Signature Date
Print Name:
Title:
1Tenants delay rent redirection from the Landlord to TowerPoint by several months while the closing documents are recorded and the redirection is processed. Therefore, the Settlement Statement will show a rent credit to TowerPoint in the amount of the two (2) months following closing.)
TWPA0047801 | PAGE 2
1170 Peachtree St NE, Suite 1650, Atlanta, GA 30309 | towerpoint.com | Ph: 678.775.0360 | F: 678.775.0361 Exhibit A
Site Location and Lease Terms
Site Location: 806 Gray Ave, Yuba City, California 95993 Wireless Tenants Current Rent Rent Payment
Frequency
Escalation
(CPI, % or $)
Escalation
Frequency
Date of Next
Escalation
CCI/T-Mobile $1,581.73 Monthly CPI Annual 12/01/2024
Site Location: 1545 Poole Blvd, Yuba City, California 95993 Wireless Tenants Current Rent Rent Payment
Frequency
Escalation
(CPI, % or $)
Escalation
Frequency
Date of Next
Escalation
T-Mobile $2,700.00 Monthly CPI Annual 02/01/2025
Pricing is based on the Lease Terms above and is subject to confirmatory due diligence of the Lease Terms.
Closing Contingencies
1. receipt of the due diligence items listed in Exhibit B;
2. receipt of a title commitment from TitleVest Agency, LLC (a subsidiary of First American Title Insurance Company) as the escrow/closing agent showing title clear of any liens, encumbrances, outstanding taxes which are otherwise due and payable, or other unsatisfied title closing requirements necessary for an insured closing with marketable title;
3. your approval of the Easement Agreement in a mutually agreeable form;
4. proper documentation of the Lease and rents, including your affirmation that you have not received any written or verbal notice of termination, modification or other correspondence from the tenant related to the Lease;
5. compliance with any tenant right of first refusal or consent requirement, if applicable, related to Landlord’s assignment of the Lease; and
6. TowerPoint’s desktop environmental database search returns a determination of “Low” or “Moderate” risk.
TWPA0047801 | PAGE 3
1170 Peachtree St NE, Suite 1650, Atlanta, GA 30309 | towerpoint.com | Ph: 678.775.0360 | F: 678.775.0361 Exhibit B
Required Due Diligence Items
1. Executed Lease including any and all Amendments thereto (as well as any lease commencement letters, notices, or other correspondence regarding the Lease)
2. Proof of Rent Payments under the Lease (minimum of 3 months received in the last 6 months); e.g.: copies of rent checks/stubs and/or direct deposit statements.
3. Completed Landlord Request for Information (RFI) attached hereto as Exhibit C.
4. Landlord’s comments or Landlord’s counsel’s comments, if any, to the Easement Agreement (“Easement”) to be provided under separate cover (to be finalized in a mutually agreeable Easement) or return the Easement with each page initialed showing approval of the form Easement.
5. If an existing mortgage is in place on the property: A Mortgage Statement and Lender contact information for obtaining a non-disturbance agreement from Lender (required only if the property is encumbered by a Mortgage, Deed of Trust, Line of Credit or similar instrument).
6. Legal entity organizational documents (including any Amendments thereto) showing proof of authority, as applicable below, for all entities owning an interest in the Property:
Corporations LLCs General Partnership Ltd. Partnerships Condo Assoc's Coop Corp (i.e.:
Housing Co-op) Trust
Articles of
Incorporation
Articles of
Organization
Certificate of
Partnership
Certificate of
Limited Partnership
Condominium
Declaration
Articles of
Incorporation Trust Agreement
Signed Corporate
Bylaws
Signed Operating
Agreement
Signed General
Partnership
Agreement
Signed Limited
Partnership
Agreement
Signed
Condominium
Bylaws
Signed Corporate
Bylaws Certificate of Trust
Within 10 days of signing this LOI, I agree to provide to TowerPoint the Required Due Diligence Items listed above to facilitate a timely close under the terms of this LOI.
TWPA0047801 | PAGE 4
1170 Peachtree St NE, Suite 1650, Atlanta, GA 30309 | towerpoint.com | Ph: 678.775.0360 | F: 678.775.0361 Exhibit C
Landlord Request for Information
EIN for Landlord (if an entity):
If Landlord is a natural person, then please circle marital status: Single or Married (Please note: if Landlord is a natural person, we will collect their taxpayer identification number prior to closing to include in the closing documents.) Access Contact for Site Inspection Attorney Contact Information Name: Name:
Title: Phone:
Phone: Email:
Mobile Phone:
Email:
Mortgage/Line of Credit (if none, please indicate below) Please check here if there is no mortgage and no line of credit:
Primary Mortgage
Lender Name:
Lender Contact:
Lender Contact
Title:
Phone:
Fax:
Email:
Secondary Mortgage (if applicable)
Lender Name:
Lender Contact:
Lender Contact
Title:
Phone:
Fax:
Email:
Line of Credit
Lender Name:
Lender Contact:
Lender Contact
Title:
Phone:
Fax:
Email:
Submitted by: Cullen Ka, Ph: +18583559695, Email: [email protected]
Agenda Item 9
CITY OF YUBA CITY
STAFF REPORT
Date: July 2, 2024
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Brian Hansen, IT Manager
Summary
Subject: RFP23-03 Enterprise Resource Planning (ERP) Systems & Implementation Services Bid Award
Recommendation: Adopt a Resolution which takes the following actions:
Awards the RFP23-03 bid for Enterprise Resource Planning (ERP) Systems & Implementation Services to Tyler Technologies, Inc., with the finding it is in the best interests of the City. Approves an Agreement for the project, attached as Exhibit “A,” in the amount of $1,256,370 with Tyler Technologies, Inc. of Yarmouth, ME, and authorizes the City Manager to execute the same on behalf of the City. The City Manager is further authorized to make any non-material, technical, and clerical edits and corrections to the Agreement Fiscal Impact: $2,037,827 - Account No. 941313 (ERP/HR/Utility Upgrade CIP) $1,256,370 - Account No. 941313 (ERP/HR/Utility Upgrade CIP) Purchase and deployment for Tyler Technologies Enterprise ERP - RFP23-03 $478,790 - Account No. 941313 (ERP/HR/Utility Upgrade CIP) Previously approved by Council on 10/18/2022 for project management services provided by SDI Presense LLC
$302,667 - Account No. 941313 (ERP/HR/Utility Upgrade CIP) Added to CIP by Council on 6/18/2024 to cover additional staff labor Purpose:
To award the Request for Proposals (RFP23-03) for the purchase and installation of an Enterprise Resource Planning (ERP) system to include Financials as well as Human Resources/Payroll functions.
Council's Strategic Goal:
This item addresses City Council's Strategic Goal of fiscal responsibility by modernizing software and operations allowing staff to be more productive and gaining greater insight into our data in order to make better decisions on long-term planning as well as day-to-day operations.
Background:
In 1997, the City purchased the Automated Information System from Pentamation Software, Inc. for financials, human resources, payroll, community development and utility billing. Over the last 25+ years, the system has had several major updates but the functionality and usability has largely remained the same. In 2015, the City Council identified a need to modernize our systems for more efficiency for staff with a friendly user interface for the public. The first product of this modernization was Accela. Accela is used for Business Licences, Permitting and Code Enforcement. These functions were previously handled by the Pentamation system but this system no longer provided what staff and the City Council required.
This transition started staff down the path of looking at our systems and processes to determine where we could improve and gain efficiency, as well as provide a more modern interface that is easier for new employees to learn and use. Staff determined the biggest need for modernization was Human Resources/Payroll followed by Financials. These are core functions within the City and the current system is no longer able to keep up with regulatory changes or the needs of staff. The City Council identified system modernization as a priority during the Goal Setting Workshops and subsequently approved $1.5 million in ARPA money to be placed in a CIP in order to fund these modernization projects.
In October, 2022, the City Council authorized staff to enter into an agreement with SDI Presence LLC of Los Angeles, CA to develop the RFP for an ERP system and installation. On June 13, 2023, staff released the RFP for ERP system and installation and on July 28, 2023, the RFP was opened.
Analysis:
The request for proposal (RFP) was developed in coordination with SDI Presence starting in the fall of 2022. SDI worked with staff and interviewed every department in the City to come up with a base set of requirements and optional items the City would like to see in a new ERP system. A comprehensive RFP was developed that included software requirements and professional service/installation needs.
The RFP was released on June 13, 2023, and opened on July 28, 2023. Eight bids were received with one bid coming in after the deadline, so it was rejected. The following table summarizes the initial bid opening:
Vendor
City, State Amount
Radiance Technologies, LLC
Collegville, PA
$1,439,840
Yash Technologies
Mesa, AZ
$4,978,796
Cogsdale
Charlottetown, PE Canada
$1,158,887
Oracle America, Inc.
Charlottesville, VA
$987,478
(Does not include travel or data conversion)
Harris ERP
St Louis, MO
$786,281
IKW Solutions
Laguna Beach, CA
$3,298,385
Tyler Technologies, Inc.
Yarmouth, ME
$1,193,160
NEOGOV
El Segundo, CA
$XXXXXX
Received after the deadline
The City formed a review committee to evaluate the proposals and determine next steps. Proposals
were evaluated based on completeness of proposal, software features, ease of use, company background, support options/user groups, ability to provide California specific features and reports, technology/infrastructure and price. Although a budget was not specified in the RFP, proposals that were far outside the City's ability to fund were eliminated. The review committee selected two proposals that met all the City requirements to move on to the second phase of evaluation; the proof of capabilities, POC. The POC is an in depth review of the vendors' proposal, to determine which is best suited for the City. Each vendor was invited to come onsite to demo their solution and answer any questions the City had. Each POC lasted three days and covered all aspects of the proposal. The POC was attended by the relevant City departments for the topics covered and graded by all who attended.
Upon completion of the two POC's, staff evaluated each proposal and POC results and gave its recommendation to the executive team for final approval. Staff recommendation was to move forward with Tyler Technologies Enterprise ERP. With the approval of the executive team, staff moved to the next phase of the process, negotiations. Staff, SDI and the City Attorney worked with Tyler Technologies staff to come to agreement on the final contract language, options and services, and pricing. The final negotiated price of $1,256,370 is a combination of the base RFP bid requirements plus additional items identified by the review committee that would add more value to the City. The final cost also includes a higher discount rate on the software services than originally proposed as well as pricing that has fixed costs for the first five years and fixed price increase caps for an additional five years so that the City will have predictable costs for the next ten years.
Tyler Technologies has proposed a 2-year timeline for this proposed project. The expected start date would be September 2024 with completion being in September 2026. The Finance module is scheduled to be implemented first, followed by the HR module. There is a 2-month overlap between Finance and HR modules in order to make the timeline.
There are challenges that will need to be accounted for in order to complete this project. The project is primarily funded by ARPA funds. With this, there are specific timelines that must be met. The project funds must be allocated by December 2024 in order to be eligible for use. All funds must be invoiced by December 2026. This accounts for our aggressive timeline and the pressures and challenges associated with it. Additional funds were allocated to this project by the Council on June 18, 2024, to help cover the additional staffing support needed to complete this project. Employees will need to support day to day operations on top of configuring and testing the new system. Staff will need to be supplemented by outside contractors and retired annuitants to meet this demand. The City will also need to maintain and pay for the current and new systems concurrently while the new system is configured and tested. The current system will also need to be supported into the future until the Utility Billing module is replaced, and the historical data is no longer necessary. Staff will also need to be prepared for future events that may affect the project timeline. A situation may arise that pushes the timeline out, but because of the ARPA restrictions, it will need to be dealt with quickly in order to not jeopardize the funding source.
Fiscal Impact:
$2,037,827 - Account No. 941313 (ERP/HR/Utility Upgrade CIP) $1,256,370 - Account No. 941313 (ERP/HR/Utility Upgrade CIP) Purchase and deployment for Tyler Technologies Enterprise ERP - RFP23-03
$478,790 - Account No. 941313 (ERP/HR/Utility Upgrade CIP) Previously approved by Council on 10/18/2022 for project management services provided by SDI Presence LLC $302,667 - Account No. 941313 (ERP/HR/Utility Upgrade CIP) Added to CIP by Council on 6/18/2024 to cover additional staff labor
$1,500,000 initially allocated to CIP by the council from ARPA funds. An additional $650,000 was
added by the council on 6/18/2024 to cover project costs and additional staff labor. The current CIP budget contains sufficient funds for project.
Alternatives:
1. Reject RFP results and direct staff to re-submit RFP with a deadline of December 2024 in order to still use ARPA funding
2. Do not purchase ERP software, continue using existing software and reallocate ARPA funds to another project
3. Do not purchase ERP software, direct staff to upgrade existing software using CIP funds *ARPA funding must be allocated by December 2024. If this timeline cannot be met, the ARPA funds should be reallocated to another project
Recommendation:
Adopt a Resolution which takes the following actions:
Awards the RFP23-03 bid for Enterprise Resource Planning (ERP) Systems & Implementation Services to Tyler Technologies, Inc., with the finding it is in the best interests of the City. Approves an Agreement for the project, attached as Exhibit “A,” in the amount of $1,256,370 with Tyler Technologies, Inc. of Yarmouth, ME, and authorizes the City Manager to execute the same on behalf of the City. The City Manager is further authorized to make any non-material, technical, and clerical edits and corrections to the Agreement.
Attachments:
1. Enterprise Resource Planning (ERP) Systems & Implementation Services Bid Award - Resolution
Prepared By: Submitted By:
Brian Hansen
Information Technology Manager
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING THE RFP23-03 BID TO TYLER TECHNOLOGIES, INC WITH THE FINDING THAT IT IS IN THE BEST INTEREST OF THE CITY; APPROVING AN AGREEMENT IN THE AMOUNT OF $1,256,370 WITH TYLER TECHNOLOGIES, INC.; AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE PROJECT WHEREAS, the City of Yuba City desires to purchase and install an Enterprise Resource Planning (ERP) system to include Financials as well as Human Resources/Payroll functions; and WHEREAS, the existing system is over twenty five years old and no longer meets the needs of the City; and
WHEREAS, the City desires to award the bid to Tyler Technologies, Inc. of Yarmouth, ME in the amount of $1,256,370 for the purchase and installation of an Enterprise Resource Planning (ERP) system.
NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:
1. The City Council awards the RFP23-03 bid for Enterprise Resource Planning (ERP) Systems & Implementation Services to Tyler Technologies, Inc., with the finding it is in the best interests of the City. The City Council approves an Agreement for the project, attached as Exhibit “A,” in the amount of $1,256,370 with Tyler Technologies, Inc. of Yarmouth, ME, and authorizes the City Manager to execute the same on behalf of the City. The City Manager is further authorized to make any non-material, technical, and clerical edits and corrections to the Agreement subject to approval as to form by City Attorney.
2. This Resolution shall become effective immediately.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 2nd day of July, 2024.
AYES:
NOES:
ABSENT:
Shon Harris, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit(s):
A. Proposal from Tyler Technologies
EXHIBIT A
1 SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
“Agreement” means this Software as a Service Agreement. “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
“Client” means the City of Yuba City, California.
“Data” means your data necessary to utilize the Tyler Software. “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
“Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
“Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary.
“Developer” means a third party who owns the intellectual property rights to Third Party Software.
“Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
“Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
2 “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
“Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
“SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
“Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E.
“Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
“Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
“Third Party Products” means the Third Party Software and Third Party Hardware. “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
“Third Party Services” means the third party services, if any, identified in the Investment Summary.
“Third Party Software” means the third party software, if any, identified in the Investment Summary.
“Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
“Tyler” means Tyler Technologies, Inc., a Delaware corporation. “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
“we”, “us”, “our” and similar terms mean Tyler.
“you” and similar terms mean Client.
SECTION B – SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software,
3 as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(4). We will make any such software available to you for download.
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a
4 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 third-party data center, we will provide available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 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. Any third party data center will either meet or exceed all applicable requirements in this Agreement.
6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.
5 6.9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance, and in the event of any change in our status, will comply with applicable notice requirements.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary and described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (b) any non-refundable travel expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event you cancel within four (4) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
6 8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of Tyler and Client personnel. Tyler and the Client agree to use all reasonable efforts to cooperate 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. Either party will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to failure by the other party to provide such cooperation and assistance (either through action or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our thencurrent Support Call Process. Requested services such as those outlined in this section will be billed to
7 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.
10. Project Personnel. Tyler will provide the Yuba City Project Manager with resumes for all proposed staff (Project managers and implementation consultants), including initially proposed staff, at least 30 days prior to each phase initiation. Yuba City will have ten (10) days to review the resumes and conduct any reference checks. Yuba City has the right to reject any staff and Tyler will then submit another resume for Yuba City’s approval. After Yuba City has approved a resource, Yuba City will not request removal of that resource during the Project except for good cause.
SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
8 You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is five (5) years, commencing on the first day of the first month following the Effective Date, unless earlier terminated as set forth below. Upon expiration of the initial term, this Agreement will renew automatically, at the Client’s option, 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. Client may indicate its agreement to renewal terms by timely payment of a Tyler invoice of annual fees for the renewal term. Your SaaS Fees for your first five (5) annual renewals will be capped on an annualized basis as follows: Year 6: 3%; Year 7: 4%; Year 8: 5%; Year 9: 5%; and Year 10: 5%. Your SaaS Fees for every renewal year beyond Year 10 (i.e., Years 11 and on) will be at our then-current rates. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
9 1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
10 THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability (inclusive of Cyber Liability) of at least $2,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twenty-four (24) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our thencurrent 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 twenty-four (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
11 convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect
12 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.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
13 disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
24. Contract Documents. This Agreement includes the following exhibits:
14 Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Exhibit E Statement of Work
Exhibit F Tyler’s Proposal
Exhibit G Client’s Request for Proposal
In the event of conflict between parts of this Agreement, the conflict shall be resolved by adhering to the following order of precedence:
This Agreement, Exhibits A-E
Exhibit F – Tyler’s Proposal
Exhibit G – Client’s Request for Proposal
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.
City of Yuba City, California
By:
Name:
Title:
Date:
Tyler Technologies, Inc.
By:
Name: Tina Mize
Title: Group General Counsel
Date: June 11, 2024
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Yuba City
One Tyler Drive 1201 Civic Center Blvd.
Yarmouth, ME 04096 Yuba City, CA 95993-3005
Attention: Chief Legal Officer Attention: ______________________________
Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.
Tyler sales quotation to be inserted prior to Agreement execution.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2023-401421-P7N0M2 Page 1
Quoted By: Jennifer Wahlbrink
Quote Expiration: 07/31/24
Quote Name: City of Yuba City-EERP
Quote Description: 6-4-24 City of Yuba City, CA 20%
PM Services
Saas Term 5.00
Sales Quotation For: Shipping Address:
City of Yuba City
1201 Civic Center Blvd
Yuba City CA 95993-3005
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting 1 320 $ 34,812.00
Accounts Payable 1 96 $ 10,392.00
Budgeting 1 128 $ 10,392.00
Capital Assets 1 112 $ 10,029.00
Cash Management 1 80 $ 7,113.00
Contract Management 1 64 $ 4,483.00
eProcurement (Vendor Access and Punch-Out) 1 64 $ 6,305.00 Project & Grant Accounting 1 96 $ 7,504.00
Purchasing 1 288 $ 17,105.00
Human Resources Management
Advanced Scheduling w Mobile Access - Up to 350 Employees 1 160 $ 10,194.00 Employee Expense Reimbursement 1 112 $ 3,915.00
Human Resources & Talent Management 1 176 $ 6,175.00
Payroll with Employee Access 1 336 $ 8,964.00
Exhibit A
2023-401421-P7N0M2 Page 2
Time & Attendance Import 1 0 $ 1,682.00
Time & Attendance w Mobile Access - Up to 350 Employees 1 256 $ 9,025.00 Revenue Management
Accounts Receivable 1 208 $ 8,702.00
General Billing 1 96 $ 4,909.00
Content Management
Content Manager Core includes Onboarding 1 96 $ 11,141.00 Data Insights
Enterprise Analytics and Reporting w Executive Insights 1 208 $ 17,928.00 Additional
ACFR Statement Builder 1 64 $ 5,801.00
Enterprise Forms Processing Software (including Common Form Set) 1 0 $ 6,419.00 Sub-Total: $ 202,990.00
Less Discount: $ 30,448.00
TOTAL 2960 $ 172,542.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Capital Assets Import Hours 20 $ 200.00 $ 0.00 $ 4,000.00 $ 0.00 COA Import Hours 12 $ 200.00 $ 0.00 $ 2,400.00 $ 0.00
Custom Report Development Assistance - Remote 80 $ 200.00 $ 0.00 $ 16,000.00 $ 0.00 Document Customization - Remote (Phase 1 & 2) 280 $ 200.00 $ 0.00 $ 56,000.00 $ 0.00 End User Training - 80 hours per phase 160 $ 225.00 $ 0.00 $ 36,000.00 $ 0.00 Executive Insights Implementation 1 $ 8,400.00 $ 0.00 $ 8,400.00 $ 0.00 P-Card Import Format 1 $ 5,500.00 $ 0.00 $ 5,500.00 $ 0.00 Payroll Accruals Import Hours 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00 Payroll Deductions Import Hours 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00 PIER, 60 hours per phase 120 $ 225.00 $ 0.00 $ 27,000.00 $ 0.00 Position Control Import Hours 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00 Post Go Live Support 80 $ 225.00 $ 0.00 $ 18,000.00 $ 0.00 Exhibit A
2023-401421-P7N0M2 Page 3
Project Management 736 $ 200.00 $ 0.00 $ 147,200.00 $ 0.00 Conversions – See Detailed Breakdown Below $ 55,400.00 $ 0.00 Onsite Implementation 740 $ 225.00 $ 0.00 $ 166,500.00 $ 0.00 Remote Implementation 2220 $ 200.00 $ 0.00 $ 444,000.00 $ 0.00 TOTAL $ 996,000.00 $ 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
Pattern Stream Automated Document System -
Implementation 64 $ 185.00 $ 0.00 $ 11,840.00 $ 0.00 $ 0.00 $ 0.00 Pattern Stream Automated Document System -
SaaS 1 $ 0.00 $ 0.00 $ 0.00 $ 18,810.00 $ 2,822.00 $ 15,988.00 TOTAL $ 11,840.00 $ 15,988.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 172,542.00
Total Tyler Services $ 996,000.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 11,840.00 $ 15,988.00 Summary Total $ 1,007,840.00 $ 188,530.00
Contract Total $ 1,886,538.00
Estimated Travel Expenses excl in Contract
Total $ 60,000.00
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.
Exhibit A
2023-401421-P7N0M2 Page 4
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 Financials
Accounting 1 $ 5,000.00 $ 0.00 $ 5,000.00
Accounts Payable 1 $ 10,300.00 $ 0.00 $ 10,300.00
Contracts 1 $ 5,000.00 $ 0.00 $ 5,000.00
Project Accounting 1 $ 5,000.00 $ 0.00 $ 5,000.00
Purchase Orders 1 $ 6,000.00 $ 0.00 $ 6,000.00
Human Resources Management
Human Resources Management 1 $ 14,300.00 $ 0.00 $ 14,300.00 Revenue Management
General Billing 1 $ 9,800.00 $ 0.00 $ 9,800.00
TOTAL $ 55,400.00
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Assets Mobile 1 32 $ 3,075.00
Bid Management 1 64 $ 4,488.00
Human Resources Management
Recruiting 1 32 $ 1,423.00
Revenue Management
Cashiering 1 112 $ 13,213.00
Exhibit A
2023-401421-P7N0M2 Page 5
Civic Services
My Civic 1 160 $ 9,100.00
Data Insights
Capital Projects Explorer 1 0 $ 7,150.00
Open Finance 1 0 $ 13,650.00
Integrations
API Toolkit Bundle 1 96 $ 20,195.00
TOTAL: 496 $ 72,294.00
Optional Professional Services
Description Quantity Unit Price Ext. Discount Extended Price Maintenance Install Fee - Capital Projects Explorer 1 $ 2,800.00 $ 0.00 $ 2,800.00 $ 0.00 Install Fee - Open Finance 1 $ 5,600.00 $ 0.00 $ 5,600.00 $ 0.00 Onsite Implementation 124 $ 225.00 $ 0.00 $ 27,900.00 $ 0.00 Remote Implementation 372 $ 200.00 $ 0.00 $ 74,400.00 $ 0.00 TOTAL $ 110,700.00 $ 0.00
Optional Transaction Fees
Description
Enterprise ERP Payments
Tyler Enterprise Payments
Optional 3rd Party Hardware, Software and Services
Description Qty Unit Price
Unit
Discount
Total Price
Unit
Maint/SaaS
Unit
Maint/SaaS
Discount
Total
Maint/SaaS
Barcode Printer Kit 1 $ 1,445.00 $ 0.00 $ 1,445.00 $ 145.00 $ 0.00 $ 145.00 Barcode Scanner - NX6 Rugged Mobile Scanning
Device 1 $ 1,695.00 $ 0.00 $ 1,695.00 $ 170.00 $ 0.00 $ 170.00 Exhibit A
2023-401421-P7N0M2 Page 6
Cash Drawer 1 $ 260.00 $ 0.00 $ 260.00 $ 0.00 $ 0.00 $ 0.00 Hand Held Scanner - Model 1950GSR 1 $ 450.00 $ 0.00 $ 450.00 $ 0.00 $ 0.00 $ 0.00 Hand Held Scanner Stand 1 $ 30.00 $ 0.00 $ 30.00 $ 0.00 $ 0.00 $ 0.00 Printer (TM-S9000II) 1 $ 1,623.00 $ 0.00 $ 1,623.00 $ 0.00 $ 0.00 $ 0.00 Touchscreen 10: Barcode Reader 1 $ 2,510.00 $ 0.00 $ 2,510.00 $ 251.00 $ 0.00 $ 251.00 TOTAL $ 8,013.00 $ 566.00
Tyler Annual Discount Detail (Excludes Optional Products) Description Annual Fee
Annual Fee
Discount Annual Fee Net
Financial Management
Accounting $ 34,812.00 $ 5,222.00 $ 29,590.00
Accounts Payable $ 10,392.00 $ 1,559.00 $ 8,833.00
Budgeting $ 10,392.00 $ 1,559.00 $ 8,833.00
Capital Assets $ 10,029.00 $ 1,504.00 $ 8,525.00
Cash Management $ 7,113.00 $ 1,067.00 $ 6,046.00
Contract Management $ 4,483.00 $ 672.00 $ 3,811.00
eProcurement (Vendor Access and Punch-Out) $ 6,305.00 $ 946.00 $ 5,359.00 Project & Grant Accounting $ 7,504.00 $ 1,126.00 $ 6,378.00 Purchasing $ 17,105.00 $ 2,566.00 $ 14,539.00
Human Resources Management
Advanced Scheduling w Mobile Access - Up to 350
Employees $ 10,194.00 $ 1,529.00 $ 8,665.00
Employee Expense Reimbursement $ 3,915.00 $ 587.00 $ 3,328.00 Human Resources & Talent Management $ 6,175.00 $ 926.00 $ 5,249.00 Payroll with Employee Access $ 8,964.00 $ 1,345.00 $ 7,619.00 Time & Attendance Import $ 1,682.00 $ 252.00 $ 1,430.00 Time & Attendance w Mobile Access - Up to 350 Employees $ 9,025.00 $ 1,354.00 $ 7,671.00 Revenue Management
Accounts Receivable $ 8,702.00 $ 1,305.00 $ 7,397.00
General Billing $ 4,909.00 $ 736.00 $ 4,173.00
Exhibit A
2023-401421-P7N0M2 Page 7
Content Management
Content Manager Core includes Onboarding $ 11,141.00 $ 1,671.00 $ 9,470.00 Data Insights
Enterprise Analytics and Reporting w Executive Insights $ 17,928.00 $ 2,689.00 $ 15,239.00 Additional
ACFR Statement Builder $ 5,801.00 $ 870.00 $ 4,931.00
Enterprise Forms Processing Software (including Common
Form Set) $ 6,419.00 $ 963.00 $ 5,456.00
TOTAL $ 202,990.00 $ 30,448.00 $ 172,542.00
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.
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 Exhibit A
2023-401421-P7N0M2 Page 8
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.
Content Manager Core includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.
The SaaS fees for product that are not named users are based on 100 concurrent users. Should the number of concurrent users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories.
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.
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.
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 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.
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.
Accounting conversion includes: Actuals (total balances only) up to 5 years, Budgets (total balances only) up to 5 years Exhibit A
2023-401421-P7N0M2 Page 9
Accounts Payable conversion includes: Standard - Vendors, Remit Addresses, 1099 Amounts, Check History(Header, Detail) - up to 5 years, Invoices (Header, Detail) - up to 5 years
Contracts conversion includes: Standard
General Billing conversion includes: Standard - CID, Recurring Invoices, Bills(Header, Detail), Payment History, Invoices - up to 5 years Human Resources Management conversion includes: Standard - Employee Master, Address, Accumulators (Earnings & Deduction totals by period) - up to 5 years, Check History - up to 5 years, Earning/Deduction History - up to 5 years, PM Action History - up to 5 years, Certifications, Education
Project Accounting conversion includes: Standard, Actuals - up to 5 years, Budgets - up to 5 years Purchase Orders conversion includes: Standard - Open POs, Closed POs - up to 5 years 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.
All hardware related to Assets Mobile and Inventory Mobile will be under a standard maintenance plan which starts when they are shipped. This includes replacement of your current hardware if it cannot be fixed through the standard helpdesk process.
Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.
Your acquisition of clocks and/or clock maintenance is subject to the following terms: https://www.tylertech.com/terms/executime-clock-terms.
Exhibit A
Exhibit B
1 Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees for the initial term will be invoiced as set forth in the payment schedule below. Upon expiration of the initial term, your SaaS Fees for your first five (5) annual renewals will be capped on an annualized basis as follows: Year 6: 3%; Year 7: 4%; Year 8: 5%; Year 9: 5%; and Year 10: 5%. Your SaaS Fees for every renewal year beyond Year 10 (i.e., Years 11 and on) will be at our then-current rates.
Payment Date Payment Amount
8/1/24 $36,767.63
11/1/24 $36,767.63
2/1/25 $36,767.63
5/1/25 $43,135.50
8/1/25 $172,542.00
8/1/26 $172,542.00
8/1/27 $172,542.00
8/1/28 $172,542.00
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. Notwithstanding anything to the contrary in the Agreement, Tyler shall withhold billing and invoicing of ten percent (10%) of the fees for implementation services delivered during a Phase until the earlier of (i) the Live Date of the applicable Phase, or (ii) the Live Date for that Phase as listed in the revised Statement of Work as part of initial planning expected within thirty (30) days of implementation kick-off.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted
Exhibit B
2 Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement.
2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
2.6 Web Services: Annual fees for web services are payable in advance, commencing upon the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
2.7 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
3. Third Party Products and Hardware.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when we make it available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at thencurrent rates, upon each anniversary thereof.
3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.
3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy. Our current Business Travel Policy is attached to this Exhibit
Exhibit B
3 B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].
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.
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.
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.
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.
Exhibit C
1 Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
Exhibit C
2 When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months and only for such consecutive months.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 99.70% Remedial action will be taken
99.69% - 98.50% 2% of SaaS Fees paid for applicable month
98.49% - 97.50% 4% of SaaS Fees paid for applicable month
97.49% - 96.50% 6% of SaaS Fees paid for applicable month
96.49% - 95.50% 8% of SaaS Fees paid for applicable month Below 95.50% 10% of SaaS Fees paid for applicable month * Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.
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
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.
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.
Exhibit D
1 Exhibit D
Third Party Terms
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.
DocOrigin Terms. Your use of Tyler Forms soŌware and forms is subject to the DocOrigin End User License Agreement available for download here: hƩps://eclipsecorp.us/eula/. By signing a Tyler Agreement or Order Form including Tyler forms soŌware or forms, or accessing, installing, or using Tyler Forms soŌware or forms, you agree that you have read, understood, and agree to such terms.
Pattern Stream Terms. Your use of Pattern Stream software and services is subject to the terms found here: https://www.tylertech.com/terms/finite-matters-ltd-consolidated-terms. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Pattern Stream software or services, you agree that you have read, understood, and agree to such terms.
Exhibit E
1 Exhibit E
Statement of Work
Statement of Work to be inserted prior to Agreement execution. [REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Yuba City
SOW from Tyler Technologies, Inc.
1/16/2024
Presented to:
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 5993-3005
Contact:
Katharina Howard
Email: [email protected]
1 Tyler Drive, Yarmouth, Maine 04096
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | i
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 Yuba City Roles & Responsibilities ...................................................................................................... 9 Yuba City Executive Sponsor ............................................................................................................... 9 Yuba City Steering Committee ............................................................................................................ 9 Yuba City Project Manager ............................................................................................................... 10 Yuba City Functional Leads ............................................................................................................... 11 Yuba City Power Users ...................................................................................................................... 12 Yuba City End Users .......................................................................................................................... 12 Yuba City Technical Lead ................................................................................................................... 12 Yuba City Change Management Lead ............................................................................................... 13 PART 3: PROJECT PLAN ........................................................................................................................... 14 Project Stages ................................................................................................................................. 14 Initiate and Plan ................................................................................................................................ 15 Initial Coordination ........................................................................................................................... 15 Project/Phase Planning ..................................................................................................................... 16 Infrastructure Planning ..................................................................................................................... 17 Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | ii
Stakeholder Meeting......................................................................................................................... 18 Intentionally left blank. ..................................................................................................................... 19 Control Point 1: Initiate & Plan Stage Acceptance ............................................................................ 19 Assess & Define ................................................................................................................................. 19 Solution Orientation ......................................................................................................................... 19 Current & Future State Analysis ........................................................................................................ 20 Data Assessment ............................................................................................................................... 21 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 ................................................................................................................ 24 Configuration .................................................................................................................................... 25 Process Refinement .......................................................................................................................... 26 Conversion Delivery .......................................................................................................................... 28 Intentionally left blank. ..................................................................................................................... 29 Intentionally left blank. ..................................................................................................................... 29 Control Point 3: Prepare Solution Stage Acceptance........................................................................ 29 Production Readiness ....................................................................................................................... 30 Solution Validation ............................................................................................................................ 30 Go-Live Readiness ............................................................................................................................. 31 End User Training .............................................................................................................................. 32 Control Point 4: Production Readiness Stage Acceptance ................................................................ 33
6.5 Post Implementation Evaluation Review (PIER) ............................................................................... 33 Production ......................................................................................................................................... 33 Go-Live .............................................................................................................................................. 33 Transition to Client Services .............................................................................................................. 35 Post Go-Live Activities ....................................................................................................................... 36 Control Point 5: Production Stage Acceptance ................................................................................. 36 Close .................................................................................................................................................. 37 Phase Closeout .................................................................................................................................. 37 Project Closeout ................................................................................................................................ 38 Control Point 6: Close Stage Acceptance .......................................................................................... 39 General Assumptions ...................................................................................................................... 39 Project ............................................................................................................................................... 39 Organizational Change Management ............................................................................................... 40 Resources and Scheduling ................................................................................................................ 40 Data ................................................................................................................................................... 40 Facilities............................................................................................................................................. 41 Glossary ......................................................................................................................................... 42 PART 4: APPENDICES ............................................................................................................................... 45 Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | iii
Conversion ..................................................................................................................................... 45 Enterprise ERP Conversion Summary ............................................................................................... 45 Accounting ........................................................................................................................................ 45 Accounts Payable .............................................................................................................................. 45 Contracts ........................................................................................................................................... 45 Project Accounting ............................................................................................................................ 46 Purchase Orders ................................................................................................................................ 46 Human Resources Management ....................................................................................................... 46 General Billing ................................................................................................................................... 47 Additional Appendices ................................................................................................................ 48 Tyler and Client Work Split Assumptions .......................................................................................... 48 Increased Work Split Hours....................................................................................................................... 48 Intentionally left blank. ..................................................................................................................... 48 Project Timeline .......................................................................................................................... 49 ERP Project Timeline ......................................................................................................................... 49
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 1
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 Yuba City (collectively the “Project”). The project is defined as the implementation of Tyler EERP finance, human resources, and related modules, including related support technology and professional services listed in the Investment Summary.
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 Yuba 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 Yuba City’s complexity and organizational needs.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 2
The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both Yuba City and Tyler commit to including the necessary leadership and governance. During each stage of the Project, it is expected that Yuba 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 Yuba 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.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 3
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 Yuba 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 Yuba City Steering Committee become the escalation points to triage responses prior to escalation to Yuba 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. Yuba City and Tyler executive sponsors serve as the final escalation point.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 4
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 Yuba City; for example, Yuba City may decide it no longer needs a deliverable originally defined in the Project. The Change Request will include the following information:
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 5
The nature of the change.
A good faith estimate of the additional cost or associated savings to Yuba City, if any. The timetable for implementing the change.
The effect on and/or risk to the schedule, resource needs or resource responsibilities.
Yuba 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 Yuba 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.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 6
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 Yuba City office or department designates specific individuals for making decisions on behalf of their offices or departments.
Both Tyler and Yuba 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 Yuba City feedback and approval on Project deliverables will be critical to the success of the Project. Yuba City project manager will strive to gain deliverable and decision approvals from all authorized Yuba 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 Yuba 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:
Yuba 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 Yuba 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 Yuba City does not agree the Deliverable or Control Point meets requirements, Yuba 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. Yuba 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 Yuba 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 Yuba City and Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at Yuba City, but are roles defined within the Project. It is common for individual resources on both the Tyler and Yuba 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.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 7
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 Yuba 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 Yuba 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 Yuba 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 Yuba City, the Tyler Project Manager provides regular updates to Yuba 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 Yuba 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. Updates Project schedule and Project Management Plan based on agreed upon changes.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 8
Collaborates with Yuba City project manager(s) to plan and schedule Project timelines to achieve ontime implementation. Prepares go-live checklist and reviews with Yuba City Ensures that each environment is working prior to any scheduled session taking place 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 Yuba City and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to Yuba City any items that may impact the outcomes of the Project.
Collaborates with Yuba 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 Yuba City ’s project manager(s) to set a routine communication plan that will aide all Project team members, of both Yuba City and Tyler, in understanding the goals, objectives, status, and health of the Project.
Resource Management
Acts as liaison between Project team and Tyler manager(s). Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. Provides direction and support to Project team.
Manages the appropriate assignment and timely completion of tasks as defined in the Project Schedule, task list, and Go-Live Checklist.
Assesses team performance and adjusts as necessary.
Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks. If multiple PMs and/or ICs are used,-ensures knowledge transfer between resources as applicable.
Develops and posts session agendas and any other necessary material in advance of sessions.
Tyler Implementation Consultant
Completes tasks as assigned by the Tyler project manager(s). Documents activities for services performed by Tyler, including Site Reports, within two weeks of session date.
Guides Yuba City through software validation process following configuration. Assists during Go-Live process and provides support until Yuba City transitions to Client Services. Facilitates training sessions and discussions with Yuba City and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. Will provide conversion review assistance and error resolution assistance. Provides session invites two weeks in advance based on project calendar. Reviews agendas at start and end of each session; at end of session, ensures any items not covered in session are identified and any client tasks necessary are identified, assigned, and due dates indicated. Guides the Client through software validation process following configuration. Will assist with the development of custom UAT test scripts.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 9
Leads Yuba City through UAT process and collaborates with the Tyler project manager to follow-up on any software-related issues that were unresolved at the time of testing. Will develop custom documentation for Yuba City. Conducts end user training sessions for up to 80 hours per phase. Conducts pre-live support as well as go-live sessions. Assists the City with understanding conversion and import options and assist the city in identifying and creating proper import formats where available. Facilitates PIER sessions to complete an analysis of gaps in processes and works with the Client to document and create plans to address gaps. 40 hours per phase (1 and 2) are reserved for this activity.
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.
Yuba City Roles & Responsibilities
Yuba City resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles.
Yuba City Executive Sponsor
Yuba 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 Yuba City steering committee, project manager(s), and functional leads to make critical business decisions for Yuba City. Champions the project at the executive level to secure buy-in. Authorizes required project resources.
Actively participates in organizational change communications.
Yuba City Steering Committee
Yuba 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 Yuba City project manager and Project through participation in regular internal meetings. Yuba City steering committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. Yuba City steering committee also serves as primary level of issue resolution for the Project.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 10
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 Yuba City Policies
o Needs of other client projects
Yuba City Project Manager
Yuba 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. Yuba City Project Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When Yuba 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. Yuba City project manager(s) are responsible for reporting to Yuba 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 Yuba City project team. Collaborates in the development and approval of the project schedule. Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on-time implementation.
Implementation Management
Tightly manages project budget and scope.
Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure that scope changes and budget (planned versus actual) are transparent and handled effectively and efficiently.
Collaborates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the project schedule as a whole and is also in balance with scope and budget.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 11
Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process between Yuba 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 Yuba 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 Yuba 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 Yuba 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.
Yuba City Functional Leads
Makes business process change decisions under time sensitive conditions. Communicates existing business processes and procedures to Tyler consultants. Assists in identifying business process changes that may require escalation. Contributes business process expertise for Current & Future State Analysis. Identifies and includes additional subject matter experts to participate in Current & Future State Analysis.
Validates that necessary skills have been retained by end users. Provides End Users with dedicated time to complete required homework tasks. Acts as an ambassador/champion of change for the new process and provide business process change support.
Identifies and communicates any additional training needs or scheduling conflicts to Yuba 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
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 12
o Escalation of issues
o Communication with Tyler project team
o Coordination of Yuba 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
Yuba City Power Users
Participate in project activities as required by the project team and project manager(s). Provide subject matter expertise on Yuba 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 Yuba City staff during and after implementation. Participate in conversion review and validation.
Yuba 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.
Yuba City Technical Lead
Coordinates updates and releases with Tyler as needed. Coordinates the copying of source databases to training/testing databases as needed for training days.
Coordinates and adds new users, printers and other peripherals as needed. Validates that all users understand log-on process and have necessary permission for all training sessions.
Coordinates interface development for Yuba 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 Yuba City’s legacy system per the conversion schedule set forth in the project schedule.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 13
Yuba 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 Yuba 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 Yuba City and Tyler resources. Communicates changes affecting users and department stakeholders. Obtains department stakeholder acceptance to upgrade production environment.
Yuba 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.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 14
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 Yuba City.
Work Breakdown Structure (WBS)
1. Initiate &
Plan
2. Assess &
Define
3. Prepare
Solution
4. Production
Readiness 5. Production 6. Close
1.1 Initial
Coordination
2.1 Solution
Orientation
3.1 Initial System
Deployment
4.1 Solution
Validation 5.1 Go Live 6.1 Phase Close Out
1.2 Project/Phase
Planning
2.2 Current & Future
State Analysis 3.2 Configuration 4.2 Go Live Readiness
5.2 Transition to
Client Services
6.2 Project Close
Out
1.3 GIS Planning* 2.3 Modification
Analysis
3.3 Process
Refinement
4.3 End User
Training
5.3 Post Go Live
Activities
1.4 Infrastructure
Planning
2.4 Conversion
Assessment
3.4 Conversion
Delivery
1.5 Stakeholder
Meeting 2.5 Data Assessment 3.5 Data Delivery
3.6 Modifications*
*Items noted with an asterisk in the graphic above relate to specific products and services. If those products and services are not included in the scope of the contract, these specific work packages will be noted as “Intentionally Left Blank” in Section 6 of the Statement of Work.
Exhibit E
City of Yuba City
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 Yuba 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. Yuba 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 Yuba City’s team. During this step, Tyler will work with Yuba 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 Yuba City project team.
STAGE 1 Initial Coordination
Tyler Yuba 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
Yuba City project team is
assigned A I R I I I
Provide initial project
documents to Yuba 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
City of Yuba City
Tyler Technologies, Inc. Page | 16
Inputs Contract documents
Statement of Work
Outputs/Deliverables Working initial project documents
Project portal
Work package assumptions:
Project activities begin after the agreement has been fully executed.
Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify applications to implement in each Phase (if applicable), and discuss implementation timeframes.
During this work package Tyler will work with Yuba 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 Yuba 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 Yuba 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 Yuba 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 Yuba 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 Yuba 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 Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 17
Schedule and
conduct planning
session(s)
A R I C C I
Develop Project
Management Plan A R I C C I
Develop initial
project schedule A R I I I I I I C C I I C I
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
Outputs / Deliverables Acceptance Criteria [only] for Deliverables Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule Yuba City provides acceptance of schedule based on resource availability, project
budget, and goals.
Work package assumptions:
Yuba 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 for Tyler-hosted/SaaS deployment models. Tyler will be responsible for building the environments for a hosted/SaaS deployment, unless otherwise identified in the Agreement. Tyler will install Licensed Software on application server(s) or train Yuba City to install License Software. Yuba City is responsible for the installation and setup of all peripheral devices.
Objectives:
Ensure Yuba City’s infrastructure meets Tyler’s application requirements. Ensure Yuba City’s infrastructure is scheduled to be in place and available for use on time.
STAGE 1 Infrastructure Planning
Tyler Yuba 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 Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 18
Provide Infrastructure
Requirements and
Design Document
A R C C I I
Initial Infrastructure
Meeting A R C C C C
Schedule SaaS
Environment
Availability
A R C I
Schedule Installation
of All Licensed
Software
A R C I I
Infrastructure Audit A R C I C
Inputs Initial Infrastructure Requirements
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Completed Infrastructure Requirements Delivery of Requirements Infrastructure Audit System Passes Audit Criteria
Stakeholder Meeting
Communication of the Project planning outcomes to Yuba 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 Yuba 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 Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 19
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
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 Yuba City
Stakeholder meeting complete
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current Yuba City business processes. This information will be used to identify and define business processes utilized with Tyler software. Yuba City collaborates with Tyler providing complete and accurate information to Tyler staff and assisting in analysis, understanding current workflows and business processes.
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution functionality prior to beginning the current and future state analysis. The primary goal is to establish a foundation for upcoming conversations regarding the design and configuration of the solution.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 20
Tyler utilizes a variety of tools for the Solution Orientation, focusing on Yuba City team knowledge transfer such as: eLearning, documentation, or walkthroughs. Yuba 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 Yuba City for current and future state analysis.
STAGE 2 Solution Orientation
Tyler Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide pre-requisites A R I I I I I
Complete pre-requisites A R C C
Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process changes that will be achieved with the new system.
Yuba City and Tyler will evaluate current state processes, options within the new software, pros and cons of each based on current or desired state and make decisions about the future state configuration and processing. This may occur before or within the same timeframe as the configuration work package. The options within the new software will be limited to the scope of this implementation and will make use of standard Tyler functionality.
Yuba City will adopt the existing Tyler solution wherever possible to avoid project schedule and quality risk from over customization of Tyler products. It is Yuba 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.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 21
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 Yuba 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 Yuba City current state documentation
Solution Orientation completion
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Documentation that describes future-state
decisions and configuration options to support
future-state decisions.
Delivery of document
Work package assumptions:
Yuba City attendees possess sufficient knowledge and authority to make future state decisions. Yuba City is responsible for any documentation of current state business processes. Yuba 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 Yuba 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.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 22
The teams will review any existing data publish and metadata standards for Yuba 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 Yuba 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 Yuba City Source data
Yuba City Source data Documentation (if available)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated (if
applicable}
Yuba City Acceptance of Data Conversion
Plan, if Applicable
Yuba City acceptance of Solution Design
Document
Work package assumptions:
Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format. Tyler will work with Yuba City representatives to identify business rules before writing the conversion.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 23
Yuba 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. Map the data from the source to the Tyler system.
Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Extract Data from
Source Systems I C A R
Review and Scrub
Source Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs Yuba City Source data
Yuba City Source data Documentation (if available)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated Yuba 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.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 24
Tyler will work with Yuba City representatives to identify business rules before writing the conversion. Yuba City subject matter experts and resources most familiar with the current data will be involved in the data conversion planning effort.
Intentionally left blank.
Intentionally left blank.
Control Point 2: Assess & Define Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Note: Advancement to the Prepare Solution Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Assess & Define Stage Deliverables:
Documentation of future state decisions and configuration options to support future state decisions. Modification specification document.
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 Yuba City against future state decisions defined in previous stages and processes refined as needed to ensure business requirements are met.
Initial System Deployment
The timely availability of the Tyler Solution is important to a successful Project implementation. The success and timeliness of subsequent work packages are contingent upon the initial system deployment of Tyler Licensed Software on an approved network and infrastructure. Delays in executing this work package can affect the project schedule.
Objectives:
All licensed software is installed and operational.
Yuba City can access the software.
STAGE 3 Initial System Deployment (Hosted/SaaS)*
Tyler Yuba City
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 25
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Prepare hosted
environment A R I C
Install Licensed
Software with
Initial Database on
Server(s) for
Included
Environments
A R I C
Install Licensed
Software on Yuba
City Devices (if
applicable)
I C A R
Tyler System
Administration
Training (if
applicable)
A R I C
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Licensed Software is Installed on the Server(s) Software is accessible Licensed Software is Installed on Yuba City
Devices (if applicable)
Software is accessible
Installation Checklist/System Document System meets prescribed checklist Infrastructure Design Document (C&J – If
Applicable)
Work package assumptions:
The most current available version of the Tyler Licensed Software will be installed. Yuba City will provide network access for Tyler modules, printers, and Internet access to all applicable Yuba City and Tyler Project staff.
Configuration
The purpose of Configuration is to prepare the software product for validation.
Tyler staff collaborates with Yuba City to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. Yuba City collaborates with Tyler staff iteratively to validate software configuration.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 26
Objectives:
Software is ready for validation.
Educate Yuba City Power User how to configure and maintain software. Prepare standard interfaces for process validation (if applicable).
STAGE 3 Configuration
Tyler Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct configuration
training A R I C C
Complete Tyler
configuration tasks
(where applicable)
A R I I I
Complete Yuba City
configuration tasks
(where applicable)
I C A R C
Standard interfaces
configuration and
training (if applicable)
A R C I C C C
Updates to Solution
Validation testing plan C C A R C C
Inputs Documentation that describes future state decisions and configuration options to support future state decisions.
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Configured System
Work package assumptions:
Tyler provides guidance for configuration options available within the Tyler software. Yuba City is responsible for making decisions when multiple options are available.
Process Refinement
Tyler will educate Yuba City users on how to execute processes in the system to prepare them for the validation of the software. Yuba City collaborates with Tyler staff iteratively to validate software configuration options to support future state.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 27
Objectives:
Ensure that Yuba 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 Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct process
training A R I C I C
Confirm process
decisions I C A R C I C
Test configuration I C A R C
Refine
configuration (Yuba
City Responsible)
I C A R C
Refine
configuration (Tyler
Responsible)
A R I I I
Validate interface
process and results I C C A R C C
Update Yuba Cityspecific process
documentation (if
applicable)
I C A R C
Updates to
Solution Validation
testing plan
C C A R C C
Inputs Initial Configuration
Documentation that describes future state decisions and configuration options to support future state decisions.
Solution validation test plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated solution validation test plan
Completed Yuba City-specific process
documentation (completed by Yuba City)
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 28
Work package assumptions:
None
Conversion Delivery
The purpose of this task is to transition Yuba City’s data from their source (“legacy”) system(s) to the Tyler system(s). The data will need to be mapped from the legacy system into the new Tyler system format. A wellexecuted data conversion is key to a successful cutover to the new system(s).
With guidance from Tyler, Yuba City will review specific data elements within the system and identify / report discrepancies. Iteratively, Tyler will collaborate with Yuba 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 Yuba City
RACI MATRIX
KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide data
crosswalks/code
mapping tool
A C R I I I
Load Data
for Testing
Pull Data &
Conversion
Balancing
Reports
Map
Conversion
Write & Run
Conversion
Program
Validate
Data
Conversion
Reviews
Completed
Final
Conversion
Report &
Correct
Errors
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 29
Populate data
crosswalks/code
mapping tool
I C C A R C
Iterations:
Conversion
Development
A C R I I
Iterations:
Deliver
converted data
A R I I I
Iterations:
Proof/Review
data and
reconcile to
source system
C C C A R C C
Inputs
Data Conversion Plan
Configuration
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Code Mapping Complete / Validated
Conversion Iterations / Reviews Complete Conversion complete, verified, and ready for final pass
Work package assumptions:
Yuba City will provide a single file layout per source system as identified in the investment summary. Yuba City subject matter experts and resources most familiar with the current data will be involved in the data conversion effort.
Yuba City project team will be responsible for completing the code mapping activity, with assistance from Tyler.
Intentionally left blank.
Intentionally left blank.
Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Prepare Solution Stage Deliverables:
Licensed software is installed.
Installation checklist/system document.
Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 30
All stage deliverables accepted based on criteria previously defined. Software is configured.
Solution validation test plan has been reviewed and updated if needed.
Production Readiness
Activities in the Production Readiness stage will prepare Yuba 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 Yuba 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 Yuba 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 Yuba City organization is ready to move forward with go-live and training (if applicable).
STAGE 4 Solution Validation
Tyler Yuba 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) A R C C C C
Perform testing C C C A R C
Document issues from
testing C R C C C C
Perform required followup on issues A R C C C C
Inputs Solution Validation plan
Completed work product from prior stages (configuration, business process, etc.) Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Solution Validation Report Yuba City updates report with testing results Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 31
Work package assumptions:
Designated testing environment has been established.
Testing includes current phase activities or deliverables only.
Go-Live Readiness
Tyler and Yuba 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 Yuba City has considered its ability to successfully Go-Live. Issues and concerns will be discussed, and mitigation options documented. Tyler and Yuba 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 Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Perform Readiness
Assessment I A R C C I C I I I I I I
Conduct Go-Live planning
session A R C C C C C C C
Order peripheral
hardware (if applicable) I A R C
Confirm procedures for
Go-Live issue reporting &
resolution
A R I I I I C C I I I I I
Develop Go-Live checklist A R C C C C I C C
Final system
infrastructure review
(where applicable)
A R C C
Inputs Future state decisions
Go-live checklist
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 32
Updated go-live checklist Updated Action plan and Checklist for go-live delivered to Yuba 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.
Tyler Led: Tyler provides training for all applicable users. One or multiple occurrences of each scheduled training or implementation topic will be covered.
Tyler will provide customized, Yuba City specific application documentation for the general use of the software.
Objectives:
End users are trained on how to use the software prior to go-live. Yuba City is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Update training plan A R C C I C
Create Yuba City
specific training
material
A A R C C I C C C
End User training
(Tyler-led) A A R C C 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 Yuba City signoff that training was delivered Work package assumptions:
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 33
Yuba 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 Yuba City as much as possible to provide end-user training in a manner that minimizes the impact to the daily operations of Yuba City departments. Yuba 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.
6.5 Post Implementation Evaluation Review (PIER)
Tyler will deliver PIER services after each phase: 1 (Financials), and 2 (HR/Payroll). Forty hours per phase is to be used to complete the tasks associated with this review.
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 Yuba City will follow the comprehensive action plan laid out during Go-Live Readiness to support go-live activities and minimize risk to the Project during go-live. Following golive, Tyler will work with Yuba 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, Yuba City and Tyler will complete work assigned to prepare for Go-Live.
Yuba 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, Yuba City manually enters any data added to the Legacy System after final data extract into the Tyler system.
Tyler staff collaborates with Yuba City during Go-Live activities. Yuba City transitions to Tyler software for dayto day business processing.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 34
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.
Yuba City data available in Production environment.
STAGE 5 Go-Live
Tyler Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide final source data
extract, if applicable C C A R
Final source data pushed
into production
environment, if
applicable
A C R I C C C
Proof final converted
data, if applicable C C C A R C
Complete Go-Live
activities as defined in
the Go-Live action plan
C C C A R C I C
Provide Go-Live
assistance A R C C I C C I C I C
Inputs Comprehensive Action Plan for Go-Live
Final source data (if applicable)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data is available in production environment Yuba City confirms data is available in production environment
Work package assumptions:
Yuba 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. Yuba City business processes required for Go-Live are fully documented and tested.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 35
Yuba City Project team and subject matter experts are the primary point of contact for the end users when reporting issues during Go-Live.
Yuba City Project Team and Power User’s provide business process context to the end users during Go-Live.
Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the exception of agreed-upon post Go-Live activities. The Tyler project manager(s) schedules a formal transition of Yuba City onto the Tyler Client Services team, who provides Yuba City with assistance following Go-Live, officially transitioning Yuba City to operations and maintenance.
Objectives:
Ensure no critical issues remain for the project teams to resolve. Confirm proper knowledge transfer to Yuba City teams for key processes and subject areas.
STAGE 5 Transition to Client Services
Tyler Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Transfer Yuba City to
Client Services and
review issue reporting
and resolution processes
I I A I I R I I C C C
Review long term
maintenance and
continuous
improvement
A R C C C
Inputs Open item/issues List
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Client Services Support Document
Work package assumptions:
No material project issues remain without assignment and plan.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 36
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 Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Schedule contracted
activities that are
planned for delivery
after go-live
A R C C C C I C C I C C
Determine resolution
plan in preparation for
phase or project close
out
A R C C C I C C I C
Inputs List of post Go-Live activities
Outputs /
Deliverables
Acceptance Criteria [only] for
Deliverables
Updated issues log
Work package assumptions:
System is being used in a live production state.
Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance. Converted data is available in production environment.
Production Stage Acceptance Criteria:
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 37
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. Yuba 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 Yuba City for systems implemented in the Phase.
Objectives:
Agreement from Tyler and Yuba City teams that activities within this phase are complete.
STAGE 6 Phase Close Out
Tyler Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Reconcile project budget
and status of contract
Deliverables
I A R I I C
Hold post phase review
meeting A R C C C C C C C C C
Release phasedependent Tyler project
resources
A R I I
Participants Tyler Yuba 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
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 38
Inputs Contract
Statement of Work
Project artifacts
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Final action plan (for outstanding items)
Reconciliation Report
Post Phase Review
Work package assumptions:
Tyler deliverables for the phase have been completed.
Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time Yuba 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 Yuba 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 Yuba City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct post project
review A R C C C C C C C C C
Deliver post project
report to Yuba City and
Tyler leadership
I A R I I C
Release Tyler project
resources
A R I I
Inputs Contract
Statement of Work
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 39
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Post Project Report Yuba City acceptance; Completed report indicating all project Deliverables and
milestones have been completed
Work package assumptions:
All project implementation activities have been completed and approved. No critical project issues remain that have not been documented and assigned. Final project budget has been reconciled and invoiced. All Tyler deliverables have been completed.
Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
Post Project Report.
Close Stage Acceptance Criteria:
Completed report indicating all Project deliverables and milestones have been completed.
General Assumptions
Tyler and Yuba 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. Yuba City Project Team will complete their necessary assignments in a mutually agreed upon timeframe to meet the scheduled go-live date, as outlined in the Project Schedule. Sessions will be scheduled and conducted at a mutually agreeable time. Additional services, software modules and modifications not described in the SOW or Agreement will be considered a change to this Project and will require a Change Request Form as previously referenced in the definition of the Change Control Process. Tyler will provide a written agenda and notice of any prerequisites to Yuba City project manager(s) ten (10) business days or as otherwise mutually agreed upon time frame prior to any scheduled onsite 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, Yuba City is responsible for making decisions based on the options available.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 40
Implementation of new software may require changes to existing processes, both business and technical, requiring Yuba City to make process changes. Yuba City is responsible for defining, documenting, and implementing their policies that result from any business process changes.
Organizational Change Management
Unless otherwise contracted by Tyler, Yuba City is responsible for managing Organizational Change. Impacted Yuba City resources will need consistent coaching and reassurance from their leadership team to embrace and accept the changes being imposed by the move to new software. An important part of change is ensuring that impacted Yuba City resources understand the value of the change, and why they are being asked to change.
Resources and Scheduling
Yuba City resources will participate in scheduled activities as assigned in the Project Schedule. Yuba City team will complete prerequisites prior to applicable scheduled activities. Failure to do so may affect the schedule.
Tyler and Yuba City will provide resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget.
To the best of our ability, Tyler will ensure that changes in resources have a comparable level of knowledge and expertise and do not negatively impact the Project schedule. 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. Yuba 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.
Yuba 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. Yuba City will respond to information requests in a comprehensive and timely manner, in accordance with the Project Schedule.
Yuba 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. Yuba City is responsible for the quality of legacy data and for cleaning or scrubbing erroneous legacy data.
Tyler will work closely with Yuba City representatives to identify business rules before writing the conversion. Yuba City must confirm that all known data mapping from source to target have been identified and documented before Tyler writes the conversion.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 41
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.
Yuba 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. Yuba City Project Team is responsible for reviewing the converted data and reporting issues during each iteration, with assistance from Tyler.
Tyler will be responsible for providing or entering test data (e.g., data for training, testing interfaces, etc.) as necessary based on the final test scripts and the final training documentation.
Facilities
Yuba City will provide dedicated space for Tyler staff to work with Yuba City resources for both on-site and remote sessions. If Phases overlap, Yuba City will provide multiple training facilities to allow for independent sessions scheduling without conflict.
Yuba City will provide staff with a location to practice what they have learned without distraction.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 42
Glossary
Word or Term Definition
Acceptance Confirming that the output or deliverable is suitable and conforms to the agreed upon criteria.
Accountable The one who ultimately ensures a task or deliverable is completed; the one who ensures the prerequisites of the task are met and who delegates the work to those responsible. [Also see RACI]
Application A computer program designed to perform a group of coordinated functions, tasks, or activities for the benefit of the user.
Application Programming Interface (API) A defined set of tools/methods to pass data to and received data from Tyler software products
Agreement This executed legal contract that defines the products and services to be implemented or performed.
Business Process The practices, policy, procedure, guidelines, or functionality that the client uses to complete a specific job function.
Business Requirements Document A specification document used to describe Client requirements for contracted software modifications.
Change Request A form used as part of the Change Control process whereby changes in the scope of work, timeline, resources, and/or budget are documented and agreed upon by participating parties.
Change Management Guides how we prepare, equip and support individuals to successfully adopt change in order to drive organizational success & outcomes
Code Mapping [where applicable] An activity that occurs during the data conversion process whereby users equate data (field level) values from the old system to the values available in the new system. These may be one to one or many to one. Example: Old System [Field = eye color] [values = BL, Blu, Blue] maps to New Tyler System [Field = Eye Color] [value = Blue].
Consulted Those whose opinions are sought, typically subject matter experts, and with whom there is two-way communication. [Also see RACI]
Control Point This activity occurs at the end of each stage and serves as a formal and intentional opportunity to review stage deliverables and required acceptance criteria for the stage have been met.
Data Mapping [where applicable] The activity determining and documenting where data from the legacy system will be placed in the new system; this typically involves prior data analysis to understand how the data is currently used in the legacy system and how it will be used in the new system.
Deliverable A verifiable document or service produced as part of the Project, as defined in the work packages.
Go-Live The point in time when the Client is using the Tyler software to conduct daily operations in Production.
Informed Those who are kept up-to-date on progress, often only on completion of the task or deliverable, and with whom there is just one-way communication. [Also see RACI]
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 43
Infrastructure The composite hardware, network resources and services required for the existence, operation, and management of the Tyler software.
Interface A connection to and potential exchange of data with an external system or application. Interfaces may be one way, with data leaving the Tyler system to another system or data entering Tyler from another system, or they may be bi-directional with data both leaving and entering Tyler and another system.
Integration A standard exchange or sharing of common data within the Tyler system or between Tyler applications
Legacy System The software from which a client is converting.
Modification Custom enhancement of Tyler’s existing software to provide features or functions to meet individual client requirements documented within the scope of the Agreement.
On-site Indicates the work location is at one or more of the client’s physical office or work environments.
Organizational Change The process of changing an organization's strategies, processes, procedures, technologies, and culture, as well as the effect of such changes on the organization.
Output A product, result or service generated by a process.
Peripheral devices An auxiliary device that connects to and works with the computer in some way. Some examples: scanner, digital camera, printer.
Phase A portion of the Project in which specific set of related applications are typically implemented. Phases each have an independent start, Go-Live and closure dates but use the same Implementation Plans as other Phases of the Project. Phases may overlap or be sequential and may have different Tyler resources assigned.
Project The delivery of the software and services per the agreement and the Statement of Work. A Project may be broken down into multiple Phases.
RACI A matrix describing the level of participation by various roles in completing tasks or Deliverables for a Project or process.
Individuals or groups are assigned one and only one of the following roles for a given task: Responsible (R), Accountable (A), Consulted (C), or Informed (I).
Remote Indicates the work location is at one or more of Tyler’s physical offices or work environments.
Responsible Those who ensure a task is completed, either by themselves or delegating to another resource. [Also see RACI]
Scope Products and services that are included in the Agreement.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 44
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
City of Yuba City
Tyler Technologies, Inc. Page | 45
Part 4: Appendices
Conversion
Enterprise ERP Conversion Summary
Accounting
Accounting - Actuals
Summary account balances
Up to 5 years
Accounting - Budgets
Original budget, budget adjustments, revised budget summaries for accounts Up to 5 years
Accounts Payable
Vendors
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
Contracts
Contract header detail with many fields available to convert including fiscal year and period, vendor number, department code, description, enforcement method code, dates for award, approval, entry and expiration, retention information, user-defined type and review codes, status code, user id for entry and approver. Additional fields are also available. A balance forward contract amount is converted, if original amount is required there will be an additional charge and contracts, po’s and invoices must be converted together.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 46
Project Accounting
Project Accounting Master Tables
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 Accounting - Actuals
Summary project ledger string balances. If linking to GL, must be converted at the same time. Up to 3 years
Project Accounting – Budget
Original project ledger budget amounts. If linking to GL, must be converted at the same time. Up to 3 years
Purchase Orders
Open purchase orders header data including vendor, buyer, date, accounting information, etc. Open purchase orders detail data including line-item descriptions, quantities, amounts, etc. Closed purchase orders detail data, up to 5 years, including line-item descriptions, quantities, amounts, etc.
Human Resources Management
HRM Employee Master Information
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
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
Accumulators are converted with check history and earning/deduction history as a default. No accumulator files are necessary to submit when converting history.
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.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 47
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.
Personnel Action History
A variety of Personnel actions, such as job or salary changes and dates these events occurred. Up to 5 years
Certifications
Certification area and certification type codes, certification number and effective date, expiration date, and required-by date, codes for certification level and subjects Education
Codes, for institution, type of degree, and area(s) of study General Billing
Customer Master Files
Customer information
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 Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 48
Additional Appendices
Tyler and Client Work Split Assumptions
Increased Work Split Hours
Additional hours were purchased in this contract to increase the work split from the standard 30% Tyler work effort to a 60% Tyler work effort. Clients have different needs and there are different ways the allocation of these hours can benefit the project. We will work with the client project manager during the planning sessions and project plan development to determine the best use of these hours. Common areas additional hours are used are:
Configuration
Setting and Code configuration
Security and Workflow Building
Data Conversion
Conversion Mapping
Conversion Proofing
Conversion Testing
Imports in lieu of conversion
Formatting files
Building custom templates
Testing imports/Data validation
Training/Documentation
Additional repeat process training
Post Live Assistance
Bank Reconciliation assistance for additional months
Month-end assistance for additional months
Year-end assistance for multiple years
W-2/1099 processing for multiple years
Job aides/quick reference guides
End user training documentation
Testing
Additional parallel processing
Test script building
Integration Testing
Import/Export template building
Import testing
Process validation/documentation
All clients have unique needs on a project. By defining the use of these hours during project planning, we have the flexibility to determine the greatest needs of your organization and plan accordingly. At any point in the project, we can revisit the use of these hours and adjust content as needed to support the success of the project.
Intentionally left blank.
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 49
Project Timeline
ERP Project Timeline
The Project Timeline establishes a target start and end date for each Phase of the Project. The timeline needs to account for resource availability, business goals, size and complexity of the Project, and task duration requirements. These will be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to the Project Stages section of this SOW for information on work packages associated with each stage of the implementation.
The following dates may be revised based on the date the Agreement is signed and further refined during the course of the project. Tyler requires up to forty-five (45) days to move from Agreement signing to the Initiate & Plan Stage.
Phase Functional Area(s) Modules Start Date Go-Live Date 1 Financials Accounting
Accounts Payable
Budgeting
Capital Assets
Cash Management
Contract Management
E-procurement
Purchasing
Project & Grant Accounting
Accounts Receivable
General Billing
ACFR (post-live)
PatternStream (third-party)
September
2024
or as defined
in the Project
Plan and
mutually
agreed upon
October
2025
or as defined
in the Project
Plan and
mutually
agreed upon
Phase Months:
12 Average
Days/Month:
~ 16.5
Exhibit E
City of Yuba City
Tyler Technologies, Inc. Page | 50
System Wide Analytics & Reporting w
Executive Insights
Enterprise Forms
Content Manager Core
Enterprise ERP Admin &
Security
2 Enterprise Human
Resources
Management
Payroll with Employee Access
Human Resources and Talent
Management
Employee Expense
Reimbursement
Time and Attendance
Time and Attendance Import
July 2025
or as defined
in the Project
Plan and
mutually
agreed upon
July 2026
or as defined
in the Project
Plan and
mutually
agreed upon
Phase Months:
12 Average
Days/Month:
~ 11
3 Advanced
Scheduling
Advanced Scheduling July 2026
or as defined
in the Project
Plan and
mutually
agreed upon
September
2026
or as defined
in the Project
Plan and
mutually
agreed upon
Phase Months:
3 Average
Days/Month:
~ 6.5
Exhibit E
Exhibit F
1 Exhibit F
Tyler’s Proposal
Tyler’s Proposal, dated July 28, 2023, in response to the Client’s Request for Proposals for Enterprise Resource Planning (ERP) System and Implementation Services is incorporated herein by reference as if fully set forth herein.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Yuba City
ERP System and Implementation Services
RFP 23-03
July 28, 2023
Jennifer Wahlbrink - Senior Account Executive
One Tyler Drive, Yarmouth, ME 04096
Phone: 623-760-7566
Email: [email protected]
Restrictions on Disclosure
This proposal from Tyler Technologies, Inc. (“Tyler”) contains proprietary and confidential information, including trade secrets, belonging to Tyler or Tyler’s partners. Tyler is submitting this proposal on the express condition that the following portions will not be duplicated, disclosed, or otherwise made available, except for internal evaluation purposes:
x Response to the Functional Requirements, or “Checklist” x Line-item pricing (total proposed contract amount may be disclosed) x Screen shots, if any
x Detailed information regarding current customers
x Detailed employee resumes/CVs
x Customized Statement of Work/Implementation Plan
To the extent disclosure of those portions is requested or ordered, Tyler requires written notice of the request or order. If disclosure is subject to Tyler’s permission, Tyler will grant that permission in writing, in Tyler’s sole discretion. If disclosure is subject to a court or other legal order, Tyler will take whatever action Tyler deems necessary to protect its proprietary and confidential information and will assume all responsibility and liability associated with that action.
Tyler agrees that any portions not listed above and marked accordingly are to be made available for public disclosure, as required under applicable public records laws and procurement processes.
Trademarks Disclaimer
Because of the nature of this proposal, third-party hardware and software products may be mentioned by name. These names may be trademarked by the companies that manufacture the products. It is not Tyler’s intent to claim these names or trademarks as our own.
Same Tyler Products, New Names
Since 1999 Tyler has been building the best array of software solutions for the public sector. If you have spoken with one of our representatives, attended a demonstration, or browsed our website before 2022, you may notice some changes in our products. Many of Tyler’s products are getting new, simplified names. These updated names will be functional in nature, making it easier to understand what our products do.
Our products are changing in name only. There will be no change in product functionality, support, or services. You can continue to expect the best with Tyler. We are excited to share this journey into the next evolution of Tyler Technologies.
For details, please visit https://www.tylertech.com/about-us/who-we-are/product-name-update-faq r
Table of Contents
Section 1 Executive Summary ............................................................................................................ 1 Section 2 Company Background ........................................................................................................ 4
2.1 Our Products .......................................................................................................................... 4
2.2 About Tyler Technologies ...................................................................................................... 4
2.3 Industry Leadership................................................................................................................ 5
2.4 Our Experience ....................................................................................................................... 5 Section 3 Company Qualifications ..................................................................................................... 6
3.1 Public Sector Focus ................................................................................................................ 6 Section 4 References ......................................................................................................................... 7 Section 5 Proposed Solution ............................................................................................................ 11
5.1 Solution Details .................................................................................................................... 11
5.2 Application Integration/Interface ........................................................................................ 13
5.3 Data Storage and Backup ..................................................................................................... 20
5.4 Data Access and Security ..................................................................................................... 22
5.5 Business Continuity and Disaster Recovery ......................................................................... 23
5.6 Service Level Agreements .................................................................................................... 23
5.7 Transition ............................................................................................................................. 24
5.8 Response to Appendix A - Requirements ............................................................................ 25 Section 6 Implementation Approach and Work Plan ...................................................................... 26
6.1 Work Breakdown Structure ................................................................................................. 27
6.2 Project Organization ............................................................................................................ 28
6.2.1 Project Organizational Chart ........................................................................................ 28
6.2.2 Project Governance ...................................................................................................... 28
6.2.3 Tyler Resources ............................................................................................................ 29
6.3 Project Management ........................................................................................................... 29
6.3.1 Project Management ................................................................................................... 29
6.3.2 Project Planning ........................................................................................................... 30
6.3.3 Schedule Management ................................................................................................ 30
6.4 Implementation Schedule .................................................................................................... 31
6.5 Implementation Support Specifics ....................................................................................... 31
6.6 Data Conversion ................................................................................................................... 33
6.6.1 Data Conversion Standards & Responsibilities ............................................................ 33